HomeMy WebLinkAbout08/07/2007 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
August 07, 2007
The City Council meeting of the City of Costa Mesa, California met in regular
session August 07, 2007, at 5:04 p.m., in the Council Chambers of City Hall, 77
Fair Drive, Costa Mesa. The meeting was called to order by the Mayor.
I. ROLL CALL
Council Members Present: Mayor Allan Mansoor
Mayor Pro Tem Eric Bever
Council Member Linda Dixon
Council Member Katrina Foley
Council Member Wendy Leece
Council Members Absent: None
Officials Present: City Manager Allan Roeder
Associate City Prosecutor Yolanda Summerhill
City Clerk Julie Folcik
(Council Member Linda Dixon entered at 5:15 p.m.)
II. PUBLIC COMMENTS
There were no public speakers.
III. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Properties at 791. 795 and 799 Shalimar Drive. Costa Mesa.
Agenc)( Negotiator. Allan Roeder. Citv Manager. Neclotiatinq
Partv: Aurelio. Maria and Jesus Pimentel. pursuant to Government
Code Section 54956.8.
2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to
California Government Code Section 54957.6: Aa_ enc)( designated
representatives: Allan Roeder, Cibt Manaaer. Steve Mandoki,
Administrative Services Director. and Terri Cassid)t. Human
Resources Manaaer regarding Emplovee organizations:
Costa Mesa Citv Employee Association (CMCEA), Costa Mesa
Firefiahters Association (CMFA). Costa Mesa Police Officers
Association (CMPOA)„ and
Costa Mesa Police Management Association (CMPMA),_
Confidential Emplovees and Other Unrepresented Employees
(Appointed At -Will Executives, Appointed
At -Will Sworn Department Directors, Appointed At -Will Department
Directors: Department Directors in Classified Service. Sworn
Division Managers in
Classified Service. Division Manaaers in Classified Service).
Mayor Mansoor recessed the meeting at 5:06 p.m., to the 'closed session in
Conference Room 1 B.
The Mayor reconvened the meeting at 6:00 p.m.
PLEDGE OF ALLEGIANCE - Mayor Pro Tern Eric Bever
MOMENT OF SOLEMN EXPRESSION - Pastor Nathan Abbate, Calvary
Chapel
ROLL CALL
Council Members Mayor Allan Mansoor
Present: Mayor Pro Tem Eric Bever
Council Member Linda Dixon
Council Member Katrina Foley
Council Member Wendy Leece
Council Members None
Absent:
Officials Present: City Manager Allan Roeder
Assistant City Manager Thomas Hatch
Associate City Prosecutor Yolanda Summerhill
Assistant Development Services Director Mike
Robinson
Public Services Director William Morris
Management Analyst Carol Proctor
Administrative Intern Tony Evon
Associate Planner Wendy Shih
Finance Director Marc Puckett
Chief of Police Christopher Shawkey
Police Sergeant Philip Myers
Assistant Planner Rebecca Robbins
City Clerk Julie Folcik
CLOSED SESSION REPORT
The Associate City Prosecutor reported that there was no action taken on
the closed session items.
PRESENTATIONS
Mayor Mansoor congratulated Carol Proctor, Management Analyst,
and Tony Evon, Administrative Intern, City Manager's . Office, as
being named Employees of the Month for August, 2007, in recognition for
their efforts for Operation Stars and Stripes relative to the City's support of
D Company, the 2 -25th Aviation Regiment
IV. PUBLIC COMMENTS
1. Elizabeth Lana_ lois. Costa Mesa, expressed her concern reaardinq
the National Security Presidential Directive, which aives the
dictatorial authoritv to the President in the event of a catastrophic
event and of an executive order where the administration has the
authoritv to seize propertv of those that who pose a sia_ nificant
threat to the peace and stabilitv of the movement in Iraq.
2. Lin Anderson, Costa Mesa, complained of high noise
levels produced by the use of high-pressure tools by neiahbors and
encouraae the Council to adopt an ordinance establishing_ restricted
noise levels permitted in a neiahborhood.
3. Kathie Curtiss. Costa Mesa, in reference to the loss of the Westside
communitv Garden, spoke of its benefits and encouraged
the Council to look for an alternate site.
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4. Mary Ellen Goddard, Costa Mesa, representative of the Costa
Mesa Historical Society, invited the community to an open house at
the Diego Sepulveda Adobe on September 15, 2007, from 10:00
a.m. to 3:00 p.m.
5. Hildegard Gonzalez. Costa Mesa, complained of the graffiti and
trash problem in her neiahborhood.
6. Anne Hoaan Shereshevskv, Costa Mesa, questioned the need for a
second skate park in the Citv and of expressed concern of the
proposed location at Lions Park: and suaaested Fairview Park for
the location of a community aarden, skate park, and fireworks
display
7. Linda Schwandt. Costa Mesa. expressed support of a skateboard
Dark and doa park that she is looking_ forward to a new location and
hopefully laraer community aarden.
8. Terni Shaw, Costa Mesa, spoke on behalf of the Costa Mesa
Historical Society and announced the annual Oben House to be
held on September 15, 2007. The theme event is "Pioneers and
Pioneer Families", and invited families residing in Costa Mesa since
the 1920's to Darticipate.
9. Cind)( Brenneman, Costa Mesa Communitv Foundation, reported
on the Costa Mesa Veterans Memorial Dedication and Ribbon
Cutting Ceremonv and thanked all who were involved in the
unveilina and dedication of the memorial.
10. Mike Berrv. Costa Mesa, commented on a property located on
Pomona Street that was built by Habitat for Humanity and
apparently has a history of problems.
11. Martin Millard. Costa Mesa. referrina to a wall located in Mesa
North commented it is an attractive nuisance and needs to be
replaced.
12. Judi Bern(. Costa Mesa. commented on the resurfacina of the
tennis courts at Tewinkle Park. expressed concern of the user fee
increases and hoped that the City_ would help fund for the
repavement of courts.
13. Beth Refakes, Costa Mesa, spoke in appreciation of the Veteran's
Memorial: noted the improvements along 17th Street: and
suaaested placement of a left -turn sianal on Santa Ana Avenue and
17th Street.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
1. Mavor Pro Tem Eric Bever announced the Cultural Artist Showcase
event to be held at Trianale Square on Aua_ ust 11. 2007, from 6:00
p.m. to 10:00 p.m.: congratulated Video Production Coordinator
Dane Bora and his staff on receivina top honor awards for
outstandina local proarammina of CMTV Channel 24: thanked
Plannina staff for rapidly producina areen buildina facts brochures;.
presented a proclamation to Floyd Levin, author of the official Citv
sona_ Costa Mesa USA, at the Costa Mesa Jazz Festival: reauested
the Citi( Manager to investiaate the noise ordinances of the
surrounding_ cities and to communicate with the Habitat for
Humanitv on the maintenance of their property; expressed
appreciation for volunteer efforts on the Costa Mesa Veterans
Memorial Ceremonv; and addressed a Dublic speaker's comment
VI.
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relatina to an arterial wall.
2. Council Member Wendv Leece spoke about the success of the
Oranae Countv Fair and the Cattle Drive: commented on the Costa
Mesa Veterans Memorial Ceremonv and encouraqed the
purchase of a brick to support the Veterans Memorial: and inquired
on the status of findinq another location for the communitv garden.
Citv Manager Allan Roeder advised a report would be available at a
future Studv Session and that it would include alternative locations
suaaested by members of the communitv.
3. Council Member Katrina Folev suaaested consideration of a
resolution to chanae the order of business of the Citv Council
meetinas providing the Police and Fire Chiefs an opportunity
to presentation updates. followed by rotation of presentations from
Citv Department Directors, to inform the communitv of news and
events. She suaaested a Lion's Club Fish Fry parade to run along
19th Street and ending at Lions Park, and requested that the matter
be placed on a Studv Session agenda: suggested the Orange
Coast College, Orange Countv Fairarounds, Fairview
Developmental Center, Rea Elementary School or Wilson
Elementary School as alternative sites for a communitv Garden: and
addressed public speaker's comments relating to Graffiti problems
and improvements of tennis courts.
4. Council Member Linda Dixon inquired on an ordinance relating to
car or boat repair on residential propertv, thanked the Costa Mesa
Communitv Foundation on the success of the Costa Mesa Veterans
Memorial Ceremonv.
CONSENT CALENDAR
CONSENT CALENDAR ITEMS NOS. 1 THROUGH 12
MOTION: Approve recommended actions for Consent Calendar Items
Nos. 1 through 11, except for Consent Calendar Items Nos. 6, 10, and
12.
Moved by Mayor Allan Mansoor, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley, Council
Member Wendy Leece
Noes: None.
Absent: None.
Readina Folder.
The following request for Alcoholic Beverage Control License was received
and processed: Shin Mee Hwha, for Sunshine Liquor, 724 W. 19th Street,
Costa Mesa, for a type 21 (off -sale general) person-to-person transfer.
The following notification letter was received and processed: Royal Street
Communications, LLC — Notification letter of having obtained requisite land
approval to construct a cellular facility at 1901 Newport Boulevard.
Regular Meeting Minutes of July_ 3. 2007 and Special Meeting_ Minutes
of July 10. 2007.
ACTION: Approved.
3. Warrant Resolution 2171. fundina Pavroll No. 714 for $2.349.918.87
and for funding Citv oaeratinq expenses for $1.518.657.56.
ACTION: Resolution adopted.
4. Warrant Resolution 2172. funding_ City operatinq expenses for
$2.805.575.78.
ACTION: Resolution adopted.
5. Warrant Resolution 2173, fundinq Pav_ roll No. 715 for $2,401.039.92
and Pavroll No. 714A for negative $278.33. and Citv operatinq
expenses for $1.268.115.60 includinq pavroll deductions.
ACTION: Resolution adopted.
7. Accept Urban Area Security Initiative (UASI) funds, from the Fiscal
Year 2006 Governor's Office of Homeland Securitv Grant Proqram.
for the purchase of five (5) laptops for the Costa Mesa's Emen encu
Operations Center (EOC). in the amount not to exceed $9.952.52.
(a). Budget Adjustment No. 08-005 in the amount of $9,953.
ACTION: Accepted and approved Budget Adjustment.
8. Appropriation of Traffic Congestion Relief Revenue for the Arterial
Hiahwav Rehabilitation of Grant funded street improvement aroiects.
(a). Budget Adjustment No. 08-004 in the amount of $1,196,472.
ACTION: Approved.
9. Completion of street improvements and settina corner 'monuments
located at 535 Bernard Street by 1.7 Ocean Partners. P.O. Box 15126.
Newport Beach. in connection with Encroachment Permit No. PS06-
00185.
ACTION: Approved and refunded $8,480 cash deposit.
11. From the meetinq of July 17. 2007. purchase agreement for riaht-of-
wav acquisition and escrow instructions for a portion of property_at
1726 Superior Avenue owned by Superior 17th LLC Ownership, 14500
Firestone Boulevard. La Mirada. for the Newport Boulevard
Improvement Project.
ACTION: Approved; authorized the Mayor and City Clerk to sign.
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. Final Map for Tract No. 17133 located at 2550 Elden Avenue. Costa
Mesa. to convert existing_ seven -unit apartment complex to
condominiums.
Mike Berry, Costa Mesa, urged Council to take a closer look at the
condominium conversion, expressed concern regarding the impact of
substandard conversions in the City and commented on requiring
conditions for single family occupancy in the Covenants, Conditions and
Restrictions (CC&R's).
MOTION: Approve; authorize the City Engineer and City Clerk to sign.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric
Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley, Council
Member Wendy Leece
Noes: None.
Absent: None.
10. Reauthorize Residential Remodelina Incentive Proaram (RRIP)
effective from September 4. 2007 to December 14. 2007.
(a). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, MODIFYING BUILDING AD CONSTRUCTION
FEES TO ESTABLISH AND PROMOTE A RESIDENTIAL INCENTIVE
PROGRAM.
Mayor Pro Tem Bever announced that this would be the third year for the
RRIP program and highlighted aspects of the incentive.
MOTION: Approve.
Moved by Mayor Pro Tem Eric Bever, seconded by Council Member
Linda Dixon.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley, Council
Member Wendy Leece
Noes: None.
Absent: None.
12. Renewal of lease aareement with the County of Oranqe for the Mesa
Verde Libranr. located at 2969 Mesa Verde Drive E. Costa Mesa, from
November 1. 2007 to October 31. 2017.
The City Manager responded to an inquiry from Council Member Leece
relating to the terms and the flexibility of the lease agreement, indicating
that in the event the City does open a main library, the terms of the
agreement relating to operations would be renegotiated.
MOTION: Approve; authorize Mayor and City Clerk to sign.
Moved by Mayor Allan Mansoor, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley, Council
Member Wendy Leece
Noes: None.
Absent: None.
VII. PUBLIC HEARINGS
PUBLIC HEARING: Appeal of Plannina Commission's denial of
Plannina Application PA -06-59 and Parcel Map PM -06-250, for
Louie Del Real, authorized aaent for Aurelio Pimentel, for a
residential common interest development conversion and parcel
map of four apartment units into condominiums and a parcel map to
facilitate the conversion, located at 1843 Pomona Street, in an R2 -
HD zone (Multiple -Family Residential District, Hia_ h Density).
Environmental Determination: Exempt.
Associate Planner Wendy Shih presented the staff report and
answered questions from the City Council.
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George (last name inaudible), indicated that the applicant was
enroute to the meeting.
MOTION: Continue the item to the end of the agenda, after New
Business.
Moved by Council Member Katrina Foley, seconded by Mayor
Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley,
Council Member Wendy Leece
Noes: None.
Absent: None.
2. PUBLIC HEARING: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA. CALIFORNIA. CERTIFYING
SPECIAL ASSESSMENTS FOR COLLECTION OF DELINQUENT
CIVIL CITATIONS FOR MUNICIPAL CODE VIOLATIONS.
Finance Director Marc Puckett presented the staff report and
responded to questions from the City Council.
Robert Kingaard, Costa Mesa, referring to the citations he was to
be assessed for, advised that he had not received the citations nor
the notices that provided the information to appeal the citation.
In response to the Mayor's inquiry the Finance Director advised that
the citation includes information on the citee's right to request an
administrative review; he reported that nothing was received from
the citee.
The City Manager clarified that the matter of the hearing was on the
assessments on the property and that the information on case
violations could be made available. He recommended that the item
could be continued for two weeks in order to provide the Council
and speaker with the particular case files.
Mike Keeler, Costa Mesa, advised he received citations for
construction noise and felt that they were wrongfully given. He
requested from Council an administration review hearing for the
citations that he received.
The City Manager clarified that the suggested continuance of the
item does not permit individuals to obtain an administrative hearing,
but was for Council to consider the item based on the presented
facts and record of the notification given.
Council Member Foley expressed reservation on the assessment of
a property lien due to a citation and requested for more information.
Further discussion ensued among Council and staff relating to the
administrative hearing process and the case information for the
individuals that spoke this evening.
MOTION: Continue to the meeting of August 21, 2007, at 7:00
p.m., and directed staff to return with additional information on
properties located at 2260 Orange Avenue and 422 16th Place.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem
Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley,
Council Member Wendy Leece
Noes: None.
Absent: None.
1. PUBLIC HEARING: Appeal of Planning Commission's denial of
Planning Application PA -06-59 and Parcel Map PM -06-250, for
Louie Del Real, authorized agent for Aurelio Pimentel, for a
residential common interest development conversion and parcel
map of four apartment units into condominiums and a
parcel map to facilitate the conversion, located at 1843 Pomona
Street, in an R2 -HD zone (Multiple -Family Residential District, High
Density). Environmental
Determination: exempt.
The Mayor suggested the continuance of Public Hearing No. 1, due
to the absence of the applicant.
MOTION: Continue to the meeting of August 21, 2007, at 7:00
p.m.
Moved by Council Member Katrina Foley, seconded by Mayor
Allan Mansoor.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley,
Council Member Wendy Leece
Noes: None.
Absent: None.
VIII. OLD BUSINESS
1. From the meeting of July 17. 2007, second reading and adoption of
Ordinance 07-16, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 3
OF THE COSTA MESA MUNICIPAL CODE RELATING TO
ANIMAL REGULATIONS AND SECTION 12-42
RELATING TO DOGS.
The Associate City Prosecutor briefed the staff report and she
along with Police Sergeant Philip Myers responded to questions
from the Council.
Bruce Krochman, Costa Mesa, thanked the City Council and staff
for clarifying the definition of reptile.
Joann Curry, Costa Mesa, commented on the revisions relating to
the number of animals allowed, suggesting a three pets policy with
a maximum of two dogs.
Linda Schwandt, Costa Mesa, spoke about the feeding stations of
feral cats and the attraction of other types of animals such as
coyotes, raccoons, possums, and skunks.
Beth Refakes, Costa Mesa, expressed support of the ordinance
and pointed out her concern for Section 3-55 suggesting language
to address feeding stations.
Patricia Allen, Huntington Beach, opposed regulating the spaying or
neutering of dogs to use the Bark Park.
Janice King, Costa Mesa Bark Park Foundation member, did not
support the requirement for animals to be spayed or neutered in
order to use the Bark Park, nor of the proposed five animal
maximum, as it was too high.
Richard Detwiler, Costa Mesa, inquired if the dog barking
restrictions would be suspended during the months of June and
July due to the use of fireworks.
Al Malone, Costa Mesa, Costa Mesa Bark Park Foundation
member, stated that he preferred the original language in the
ordinance allowing three cats and three dogs. He expressed his
support to require the spaying or neutering of pets to use the Bark
Park however pointed out that currently female dogs are not
permitted in the park if they are in heat.
Hel Evers, Costa Mesa, pointed out that dogs bark due to fireworks.
Discussion ensued amongst the Council regarding language
relative feeding stations, and the responsibilities of the Bark Park
Foundation in enforcing the regulations.
Council Member Dixon expressed support of the ordinance as
proposed.
MOTION: Adopt Ordinance No. 07-16, read by title only, and
waive further reading.
Moved by Council Member Linda Dixon, seconded by Mayor
Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley,
Council Member Wendy Leece
Noes: None.
Absent: None.
RECESS: The Mayor declared the meeting recessed at 8:02 p.m.
AFTER RECESS: The Mayor reconvened the meeting at 8:13 p.m.
IX. NEW BUSINESS
Urban Master Plan UMP -07-04 screening reauest for 690 Randolph
Avenue.
Assistant Planner Rebecca Robbins summarized the staff report
and responded to questions from the Council.
Mayor Pro Tem Bever shared the concerns of staff commenting on
the five phases of non-compliance.
The Mayor commented he was not interested in a storage facility at
the location and would like compliance with open space.
Council Member Dixon felt that the project was not in compliance
with the SoBeca Plan and stated that she was not interested in the
project. Council Member Foley indicated that she supported green
building effects but did not support another self -storage facility.
Roll,y Pulaski, architect and representative of the owner, advised
that the owner was willing to comply with all five conditions that
staff had suggested. He explained the building is under-utilized
and commented that the owner would entertain other uses.
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Council Member Foley suggested that the owner work with staff
and the surrounding property owners to discuss future plans of the
area and architectural features of the property and possible uses.
Council Member Dixon was supportive of the architecture of the
building however felt the area was inappropriate for a self -storage
facility, and suggested a residential development.
Discussion ensued amongst the Council relating to the proposed
use of the property. Council Member Foley stated. she did not
support self -storage and noted that she was satisfied with the
proposed setback for the front of the building. Council Member
Leece commented that she was supportive of the applicant working
with staff to come up with some creative uses of the property.
Martin Millard, Costa Mesa, supported a concept of artist lofts for
the area, agreed that a storage facility would not be appropriate,
and stressed the need to provide the required amount of parking.
MOTION: Receive and file.
Moved by Mayor Allan Mansoor, seconded by Council Member
Katrina Foley.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley,
Council Member Wendy Leece
Noes: None.
Absent: None.
Consideration of a reauest to seek sponsorships for the Costa
Mesa Bark Park facility.
Public Services Director William Morris presented the staff report
and responded to questions from the Council.
Mayor Pro Tem Bever expressed concern on the visibility and the
type of proposed sponsorship signage indicating that he did not
want to see banners or billboards.
Patricia Allen, President of the Costa Mesa Bark Park Foundation,
suggested subtle advertising pointing out possible locations
within the Bark Park.
Dennis Grady, Treasurer of the Costa Mesa Bark Park Foundation,
reported the foundation's current net income of the year is
$2,517.75 pointing out the need to supplement their income to meet
operating expenses.
Al Malone, Secretary of the Costa Mesa Bark Park
Foundation, inquired on the minimum sponsorship amount
and sponsorship guidelines.
Sandra Genis, Costa Mesa, thanked the Bark Park Foundation and
spoke in support of the recommendation.
Terry Shaw, Costa Mesa Parks and Recreation Commissioner,
supported the recommendation; and referred to the skate park
sponsorship process as being long and drawn out and hoped that it
would not be the same for the Bark Park sponsorship.
Council Member Dixon suggested that sponsorship be more than
$300,000 relative to the naming of the park with the inclusion of
annual lawn remediation. She mentioned that sponsorship banners
should face the interior of the park indicating the guidelines on size
and color. She suggested that the City allow memorial plaques for
lost pets within the park.
MOTION: Approved recommendations of the Parks and Recreation
Commission to allow the solicitation of fundraising/sponsorship
proposals for the Costa Mesa Bark Park facility; directed staff to
work with the Bark Park Foundation to assure proposals meet City
regulations in the following areas:
1. Advertising on the site;
2. Bark Park controlled by the City;
3. Liability coverage;
4. Sponsorship events;
5. Use of Arlington Drive parking lot; and
6. Agreement with sponsorships be consistent with the Volcom
sponsorship program.
Directed staff to put together an estimate of annual maintenance
cost for lawn remediation; that sponsorship be allowed the first -
right -of -refusal for future parks, that sponsorship funds be
earmarked for the Bark Park maintenance, operations, and future
dog parks with the approval by the Bark Park Foundation and the
City Council.
Moved by Council Member Foley, seconded by Council Member
Dixon for discussion only.
Council Member Dixon requested the maker of the motion to add
the allowance of sponsorship memorial plaques for lost pets within
the park. Council Member Foley agreed.
Mayor Pro Tem Bever expressed support of the motion agreeing
with the addition of memorial plaques within the park. He re-
emphasized that he did not want to see, any banners on the
fence, but suggested locations within the park to
accommodate different levels of sponsorship and a placement of a
donation box at the Bark Park entrance.
Council Member Dixon commented on giving sponsors the
opportunity to place banners on the fence, pointing out that it would
be a limited amount, not permanent, with certain guidelines.
Council Member Foley recommended proceeding forward with a
sponsorship program. Mayor Pro Tem Bever opposed any type of
banners within the park stating that he would not support such
recommendation. The Mayor expressed concern on
commercialization; stated that the issue of sponsorship fund
allocation needs to be addressed noting that it should be allocated
to the City's general fund.
The motion restated:
MOTION: Approve recommendations of the Parks and
Recreation Commission to allow the solicitation of
fundraising/sponsorship proposals for the Costa Mesa Bark
Park facility; directed staff to work with the Bark Park
Foundation to assure proposals meet City regulations in the
following areas:
1. Advertising on the site;
2. Bark Park controlled by the City;
3. Liability coverage;
4. Sponsorship events;
5. Use of Arlington Drive parking lot; and
6. Agreement with sponsorships be consistent with the
Volcom sponsorship program;
Directed staff to put together an estimate of annual
maintenance cost for lawn remediation; that sponsorship be
allowed the first -right -of -refusal for future parks, that
sponsorship funds be earmarked for the Bark Park
maintenance, operations, and future dog parks with the
approval by the Bark Park Foundation and the City Council;
and to allow sponsorship memorial plaques for lost pets within
the park.
Moved by Council Member Katrina Foley, seconded by Council
Member Linda Dixon.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Council Member Linda Dixon,
Council Member Katrina Foley, Council Member Wendy
Leece
Noes: Mayor Pro Tem Eric Bever
Absent: None.
3. Reauest of the Citv of Newport Beach for adoption of a resolution
statins unifvinq principles pertaining to John Wavne Airport.
City Manager Allan Roeder presented the staff report pointing out
the "Statement of Unifying Principles" relative to the impact and
implications of the operation of John Wayne Airport (JWA) on the
Corridor Cities. He recommended that a transmittal letter
emphasizing the City's principles be communicated to the mayors
of the Corridor Cities.
Mayor Pro Tem Bever expressed support of the
principles; suggested that the City take a position on general
aviation noise abatement and stated that funds should be made
available for a lobbying effort on this matter.
Council Member Leece commented on the impacts of increased air
travel and pollution on school children, and requested a copy of the
resolution be sent to the Newport Mesa Unified School District to
get them actively involved.
Rachel Perez Hamilton, Costa Mesa, supporting the resolution was
thankful to the Council for their efforts.
Martin Millard, Costa Mesa, suggested additional language
pertaining to active pursuit of another location for an
additional airport comparable to the size of Los Angeles Airport and
suggested it be located on a portion of Camp Pendleton.
Mike Berry, Costa Mesa, felt that the resolution supports/represents
the needs of Newport Beach and not that of Costa Mesa; pointed
out that Costa Mesa does not have a noise meter for monitoring the
general aviation noise and encouraged additional research on the
matter.
Beth Refakes, Costa Mesa, expressed support for the resolution
although felt that wording should be included to express opposition
to the expansion of JWA; concerned of the general aviation traffic
and felt there should be a noise ordinance adopted.
Bruce Krochman, Costa Mesa, expressed concern on the noise
generated by general aviation over the City's air -space and felt that
the resolution was serving the interests of Newport Beach, and that
the impacts on Costa Mesa should be communicated and
considered as well.
Council Member Dixon agreed that the principles should address
the City's concerns and suggested referring the resolution back to
staff.
Council Member Foley expressed support of the concept and
commented on the necessity for unity of the Corridor Cities on this
matter.
MOTION: Adopt Resolution No. 07-65; adopt the position
statement regarding John Wayne Airport (JWA); and direct the City
Manager to send a letter to the "Corridor Cities" outlining concerns
of the Council.
Moved by Council Member Foley, seconded by Mayor Mansoor.
Mayor Mansoor requested the maker of the motion to include the
establishment of a Memo of Understanding (MOU) with the other
Corridor Cities. Council Member Foley agreed and suggested
adding Council Member Leece's suggestion regarding the
involvement of the Newport Mesa Unified School District.
Mayor Pro Tem Bever expressed support of the motion; suggested
changes on page three of the staff report to read "oppose any
increases to air carrier or general aviation noise ordinances" and to
add, "and promote reductions." He agreed that language relative to
a new alternate airport should be included.
The motion restated:
MOTION: Adopt Resolution No. 07-65; direct the City Manager
to send a letter to the "Corridor Cities" outlining concerns of
the Council, to include establishment of a Memo of
Understanding (MOU) relative to a "Statement of Unifying
Principles" pertaining to John Wayne Airport; and direct
contact with the unified school districts to encourage adoption
of similar resolutions and to be involved in the cities efforts.
Moved by Council Member Katrina Foley, seconded by Mayor
Allan Mansoor.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Katrina Foley,
Council Member Wendy Leece
Noes: None.
Absent: None.
4. Request of Council Member Linda Dixon for placement of two
measures on the February Primary election ballot:
(a). Placement before the voters the matter of a prohibition on the
sale and discharge of safe and sane fireworks.
(b). Placement before the voters the matter of an increase in the
Transient Occupancy Tax (TOT).
Council Member Dixon summarized the reasons for placing this
item on the agenda. She stated that she was not in support
nor oppose the sale of safe and sane fireworks in the City and
indicated that it was time to give the community a voice to choose
whether to continue or prohibit the sale of fireworks. She
commented on the important role of fireworks stands relating to the
City's youth extracurricular activities and recommended a two prong
approach to the ballot initiatives to be placed on the 2008
November General Municipal Election Ballot.
David Vill, Anaheim resident and President of Garden Grove
Chapter of American Association of Retired Persons
(AARP), reported that the membership had voted against the
use/sale of fireworks.
Rosemary McQuinney, Garden Grove, advised of a neighbor's
home that had burned due to fireworks and informed the Council of
the City of Fontana's ban on fireworks and the alternatives by the
City's non-profit organizations.
Bruce Crockman, Costa Mesa, asked Council to maintain the
existing codes and to not place the issue on the ballot.
Janet Lee Crockman, Costa Mesa, expressed opposition to placing
the fireworks measure on the ballot. She advised she
supports youth groups and suggested a reasonable transition time
for finding and implementing alternative fundraising efforts for by
the youth groups.
Jessica Jennings, Costa Mesa, supports the celebration with
fireworks on the fourth of July.
Judy Lindsey, Costa Mesa, expressed support of banning fireworks
and placing the measure on the ballot, but felt that the TOT tax
increase needs further study.
Steve Shephard, Costa Mesa, spoke in support of maintaining the
fireworks pointing out that the banning of fireworks will not keep the
illegal fireworks from being discharged.
Linda Schwandt, Costa Mesa, relative to alternative fundraisers for
youth groups suggested painting of addresses on city curbs.
Sandra Genis, Costa Mesa, supported the ban on fireworks and its
placement on the ballot.
Terry Shaw, Costa Mesa, expressed support of placing the
measure on the ballot and shared samples of illegal fireworks.
Beth Refakes, Costa Mesa, questioned the increase in the TOT tax
and stated she would like to see the banning of fireworks and an
alternative to youth funding.
Rich Detwiler suggested an increase in the fines for the regulation
and use of fireworks and proposed a signed acknowledgement of
fireworks condition when purchasing fireworks.
Bill Fifer, Costa Mesa, stated he is a fundraiser and supporter of
fireworks. He indicated that 60% of their funds come from the
money raised through the sale of fireworks.
Anne Hogan Shereshevsky, Costa Mesa, expressed support of
banning fireworks and asked Council to give the community the
advantage to decide.
Sherry Debeaumont, Garden Grove, spoke in support of the ballot
measure on fireworks commenting on the safety issue.
Dennis Grady, Costa Mesa, spoke in support of placing the
fireworks measure on the ballot for the community to vote.
Patricia Allen spoke about the impact of fireworks on pets and
property.
Duke Noonan, Garden Grove, expressed support of the ban of
fireworks and suggested inquiring of the other cities about their
fundraising alternatives.
Helen Nevers, Costa Mesa, expressed support for placing the
initiative of fireworks on the ballot.
Mayor Pro Tem Bever commented on the impacts and enforcement
of fireworks, and finding alternative fundraising opportunities
before banning fireworks. He recommended a fireworks survey
rather than placing the measure on the ballot. He questioned the
TOT increase proposal and expressed concern on the impacts on
future travelers and the allocation of such funds into the
community's youth groups.
Council Member Leece advised she was looking into fundraising
alternatives, commenting that she was not ready to ban fireworks
completely prior to establishing fundraising alternatives. She
expressed reservation on placing the initiatives on the ballot.
Council Member Foley believed that the voters should decide on
the issue and that there should -be an alternative funding source in
place. She suggested the Council -give direction to staff to create a
plan for a city-wide show and fireworks display as an alternative
fundraiser for youth groups.-- _
Council Member Dixon stated -that she is neither for nor against
fireworks and indicated that`it wasn't -the Council's responsibility to
find fundraising alternatives for ---sports groups and classroom
activities. She hoped the Council would let the community decide
on this issue.
MOTION: Place on the November 2008 ballot the opportunity for
Costa Mesa residents to consider the prohibition on the sale and
discharge of Safe and Sane Fireworks.
Moved by Council Member Linda Dixon, seconded by Council
Member Katrina Foley.
SUBSTITUTE MOTION: Receive and file report.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem
Eric Bever.
Mayor Mansoor expressed support of fireworks; commented on the
need of an alternative source of youth fundraising and thought that
a public venue for the community would reduce the desire for
fireworks. He opposed the increase in taxes and noted that the
Conference & Visitors Bureau and Business Improvement Area
(BIA) should be included; and stated that he would not be
supporting the item.
Council Member Foley asked if the Mayor would withdraw the
substitute motion and direct staff to review the implementation
of a plan for a public event, for next year. The Mayor expressed
reservation. The City Manager confirmed that the matter of
fundraising alternatives was agendized for a future study
session as requested by Council Member Leece.
The substitute motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Wendy Leece
Noes: Council Member Linda Dixon, Council Member Katrina
Foley
Absent: None.
X. REPORTS
The City Manager acknowledged the retirement of Assistant Development
Services Director Mike Robinson next month. He, along with the City
Council, thanked him for his many years of service.
XI. ADJOURNMENT - The Mayor declared the meeting adjourned at 10:55
p.m., to August 14, 2007, at 4:30p.m., for a Study Session. The next
Regular City Council Meeting will be held on August 21, 2007.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa Mesa
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