HomeMy WebLinkAbout09/06/2005 - City Council1
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CITY COUNCIL
CITY OF COSTA MESA
SEPTEMBER 6, 2005
REGULAR MEETING
Mayor Mansoor called the Regular Meeting of the City of Costa Mesa, California to order at
5:OOp.m.
PRESENT: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS:
ALLAN R. MANSOOR
ERIC R. BEVER
LINDA W. DIXON
KATRINA A. FOLEY
GARY C. MONAHAN
NONE
ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER
KIMBERLY HALL BARLOW, CITY ATTORNEY
JULIE FOLCIK, DEPUTY CITY CLERK
PUBLIC COMMENTS: There were no public comments.
CLOSED SESSION: No items were scheduled.
AGENDA REVIEW STUDY SESSION: The Mayor announced that the agenda review
study session would be conducted in Conference Room 1A on the first floor of City Hall and
would commence immediately. No action was taken on any matter.
AFTER RECESS: The Mayor reconvened the Regular Meeting of the City Council at 6:00
p.m.
PLEDGE OF ALLEGIANCE: Council Member Dixon led the assembly in the Pledge of
Allegiance to the Flag.
MOMENT OF SOLEMN EXPRESSION: Dave Elliot, Vanguard University, asked the
audience to bow their heads in a moment of silence, remembering country and local
leaders in their responsibilities to provide safe communities, and also remembering our
fellow countrymen and women in the Southeast.
ROLL CALL: The Mayor requested the City Clerk to call the roll:
PRESENT: COUNCIL MEMBERS: ALLAN R. MANSOOR,
ERIC R. BEVER
LINDA W. DIXON
KATRINA A. FOLEY
GARY C. MONAHAN
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER
KIMBERLY HALL BARLOW, CITY ATTORNEY
JULIE FOLCIK, DEPUTY CITY CLERK
DONALD LAMM, DEVELOPMENT SERVICES DIRECTOR
CLOSED SESSION REPORT: The Mayor stated since no Closed Session was held,
there was no report.
PRESENTATIONS
1. Mavor's Award for September: The Mayor presented Kenneth Ottens with a Certificate
and gift and congratulated him on being a concerned citizen; while playing with friends
and family at Halecrest Park, he noticed a child at the bottom of the pool, dove down
and pulled her to the surface, and yelled to his parents to call the Paramedics.
2. Introduction: The Mayor introduced and welcomed Yolanda Summerhill of the law firm
of Jones & Mayer, who was filling in until City Attorney Kimberly Hall Barlow arrives.
PUBLIC COMMENTS
1. Anne Hogan-Shereshevsky, Costa Mesa, asked if there was regulation prohibiting tinted
car windows in Costa Mesa; voiced the opinion that use of cell phones in cars should be
for emergency purposes only; expressed appreciation for the CM24 station and their
programming, and in particular the Federal Prescription Drug Program shown recently;
inquired what the City of Costa Mesa was doing for the victims of Hurricane Katrina;
inquired if the City could get a business that would take utility payments; thanked her
sponsors for her trip to Washington and advised she was still looking for a donated lap
top computer; and expressed her appreciation for a New Year's Eve celebration to be
held at the Fairgrounds.
2. Mildred Nicholson, Costa Mesa, stated she was frustrated with people filling their
garages and driveways with recreational vehicles, boats and campers, and then having
to park their cars in front of her home in the 2000 block of Republic; several times they
park their cars in front of the No Parking signs on street sweeping days and the street
sweeper has to go around them and she does not get her street swept; expressed the
need for a 19th Street bridge, noting that Victoria was closed for 24 hours due to a
recent accident and there would have been no way for them to evacuate should a
disaster have occurred; and stated she wanted fireworks prohibited.
3. Rich Reiser, Costa Mesa West side, requested enforcement of Vehicle Code 21950a,
protection of pedestrian at intersections, marked and unmarked, and Vehicle Code
Section 21953, driveways, same thing; and asked what Costa. Mesa was doing for New
Orleans.
4. Donald Nicholson, Costa Mesa, reported that the signal at the intersection of Harbor
Boulevard and Victoria Street was not functioning properly and needs to be checked;
that the trash pickup and street sweeping services need to coordinate their work, noting
that when a holiday falls on Monday, trash pickup is delayed one day and conflicts with
the street sweeping service; and he advised had to clean his own street yesterday.
5. Mirna Burciaga, Costa Mesa, stated the problem of drunks loitering around her business
is getting worse, noting she has to lock her restrooms which is inconvenient to her
customers; also reported graffiti on the wall of the parking lot and displayed pictures on
Chambers screen.
6. Martin Mallard, Costa Mesa, stated he has seen day laborers on the streets at the same
time the Job Center was open and believed that potential customers were being
discouraged from frequenting local businesses; advised that he had received a
threatening letter and has turned it over to the Police Department for investigation and
dna testing; noted that someone has a website indicating that the City is attempting to
fix -up the West Side and that in his opinion is attempting to incite violence.
7. David Stiller, read a portion of an August 21St Orange County Register article on
Performances of Police Departments, noting that Costa Mesa ranked high on response
times, and expressed his appreciation; also expressed appreciation to the people who
maintain and set up The Farm Sports Complex for games, noting that he witnessed a
tournament being played last Sunday and saw many happy people watching and
playing soccer games.
Mayor Pro Tem Monahan, on behalf of the City Council, thanked Police Chief Hensley
and his Department for their excellent performance.
8. Sandra Genis, Costa Mesa, noted that on the City's Website there is a notice about a
Gisler/Garfield Bridge meeting to be held September 14 and 28, 2005, 5:30 p.m. — 7:30
p.m., at the Fountain Valley Community Center, however, when you hit the "more"
button, no additional information comes up; that she has not received any mailing about
the meeting; stated that OCTA's Website does not provide any information; and advised
that utility payments can be made at local establishments.
Mayor Mansoor requested the City Manager to check the link; since it was his intent to
have the public be able to access additional information and some graphics, and to
check that City mailings were being done.
Mayor Pro Tem Monahan advised he would be attending an OCTA update meeting and
would contact Ms. Genis.
9. Tim Lewis, Costa Mesa, advised he had additional information about the dog license
issue and he would submit it to the City Manager; pointed out that the City has had a
Job Center for about 16 years and it has worked well for the community, but if the
Center does not continue, the problem Ms. Burciaga brought to the Council's attention
will increase twenty fold; expressed a concern about having the Center run by the
private sector; and advised there is a homeless problem in the City which needs to be
addressed.
10. Jeff Braun, Newport Beach, Costa Mesa business owner, addressed the City Council
regarding the Parks and Recreation Commission direction to staff to revisit the Group I
status of AYSO Region 97 which is comprised of 1000 Newport Beach and 800 Costa
Mesa residents; the players go to school, play, and socialize together; and that Newport
Beach does provide lighted fields for the players which includes Costa Mesa residents;
and requested the Group I status remain intact.
11.AI Malone, Costa Mesa, questioned if his email relating to the dog park, which he sent
today, was distributed to the City Council and stated that he was available for questions
or comments via email or the phone; Mr. Malone was advised that his email was
distributed.
12. Angela O'Neill, Costa Mesa, encouraged the City Council not to eliminate the soccer
fields on the East side where AYSO teams play, noting that they also use fields in
Newport Beach.
13. Barry Zimmerman, Commissioner for AYSO Region 97, stated their Region was unique
since it is made of children from two cities, whereas Costa Mesa Region 120 is made up
of mostly Costa Mesa children; advised that Region 97 plays the majority of their games
and practices in Newport Beach who does not have an issue with Costa Mesa children
using their fields; and stated he believed the real problem is that there is an insufficient
number of fields and lighted fields and that is why some Costa Mesa residents object to
Newport Beach children playing on Costa Mesa fields.
14. Troy Clark, Costa Mesa, advised that his son plays soccer and almost all of his games
are played in Newport Beach; encouraged the City Council not to shut down the soccer
fields;. that children need to be encouraged to play sports for their health and self-
esteem.
15. Bart Evans, Costa Mesa, advised he was on the Region 97 Board and noted fields for
the Newport -Mesa area has been an issue for some time; that there are 800 Costa
Mesa children in the Region; and because fields in the City are so limited, Region 120
does not want to share any of their fields, which is understandable; encouraged the
Council to leave Region 97 Group 1 status intact.
Council Member Foley asked City Manager Roeder if the City Council could withdraw
the item from the Parks and Recreation Commission agenda, if they so desire. City
Manager Roeder answered that the City Council would have to add the matter to the
agenda, by a 4/5's vote. City Attorney Kimberly Barlow concurred and advised that the
City Council would have to make two findings in order to place the matter on the
agenda. A brief discussion ensued.
MOTION: On motion by Council Member Monahan, seconded by Council Member
Foley, the City Council determined that there is a need to take action before the next
regularly scheduled City Council Meeting to give direction to the Parks and Recreation
Commission relating to the review of Region 97 Group 1 status, and that the need for
action came to the attention of the City subsequent to the agenda being posted.
Mayor Mansoor advised that he could not support the motion, since the City Council
requested the Parks and Recreation Commission to review the matter and he personally
needed some questions answered or clarification on issues, since he was receiving
conflicting information about field usage between Newport Beach and Costa Mesa.
Sandra Genis stated that she was not concerned with the issue of the AYSO Region 97
Group 1 status, but she was concerned about the City Council declaring that an urgency
exists to place the matter on the agenda.
A vote was taken on the foregoing motion. Council Members Mansoor and Bever voted
"NO." It was determined that the MOTION FAILED.
Mayor Pro Tem Monahan thanked the speakers for their participation and encouraged
them to attend the Parks and Recreation Commission meeting. He noted that former Costa
Mesa Mayor and Council Member Joe Erickson, whose children were in Region 97 and
attended Newport Harbor High School, provided the leadership to acquire The Farm site
where Region 120 plays today; noted that Region 97 was given Group 1 status at that time;
and any change that would impact those 800 children would be a tragedy. He encouraged
anyone who wished to contact him to do so by emailing him.
Council Member Foley stated she agreed with the Mayor Pro Tem; that the Parks and
Recreation Commission has analyzed field use and made recommendations which the
Council would be considering later in the meeting; and that the community needs to work
together.
Council Member Dixon noted that her children played in Region 120 and they were always
welcome in Newport Beach; that parents should consider their actions on the children
because children in Region 97 play and go to school together even though some live in
Costa Mesa and some in Newport Beach; and that The Farm was built for all Costa Mesa
children, and they all should have the opportunity to play there.
16. Kevin Schallin, Costa Mesa, Member of Region 97 Board and a coach, stated 10 of his
14 -member team, are Costa Mesa children, so the 40 percent figure should not be used
across the board and he would not want to see his team split up; encouraged the City to
light more fields at The Farm; and believed the children would be the ones to suffer if
changes were made.
17. Joe Harmer, Costa Mesa, advised he was a coach and hoped his children would not be
treated differently than other children in Costa Mesa simply because they live in a
certain area of Costa Mesa; and he did not want to see the two cities at odds with each
other over the issue.
18. Lisa Bowler, Costa Mesa, advised she was a member of Region 97 Board and
represented children in Costa Mesa and Newport Beach; that the boundaries of the
Region paralleled the Newport Harbor attendance zone, so these children go to school
and play sports together; urged the City Council not to remove AYSO Region 97 as a
top user of Costa Mesa fields.
19. Marco Agora, Costa Mesa, advised he was a Costa Mesa businessman, Dad, coach,
and referee and did not want to see Region 97 split.
20. Chris Sarris, Newport Beach, former Parks and Recreation Commissioner, advised he
served as a commissioner for Region 97 and 120; believed the issue being raised was
counterproductive; Region 97 had spent thousands of dollars on Costa Mesa fields; and
that the community should work together for the benefit of the children
21. Jay Humphrey, Costa Mesa, complimented the City on the Baker Street access to Mesa
Verde and the restriping; advised that the Police Department may want to watch cars
racing through the bike lane and parked cars; and also expressed appreciation for
replacing some of the roads in the lower West side damaged by trucks.
22. Don Rubite, Costa Mesa, advised he was a commissioner for Region 120 and that the
status of Region 97 would not be an issue if the City had more lighted fields, especially
on the East side, noting that there are 2200 children playing soccer on three lighted
fields in Costa Mesa.
Council Member Foley asked if the Parks and Recreation Commissioner who requested
review of the Group 1 status of Region 97 had the authority to request withdrawal of the
review; City Attorney Barlow answered ordinarily "yes".
PUBLIC HEARINGS
1.PUBLIC HEARING: PLANNING APPLICATION PA -05-16, BEACH PIT BBQ
RESTAURANT, 1676 TUSTIN AVENUE, CEQA EXEMPTION
Consideration of an appeal filed by the Mesa Heights Homeowner's Association of the
Planning Commission's approval, in part, of Planning Application PA05-16, a conditional
use permit to allow off-site parking and shared parking at 411 East 17th Street (Frazee
Paint), to accommodate the outdoor seating areas for the Beach Pit BBQ Restaurant
located on C1 zoned property at 1676 Tustin Avenue, with minor conditional use permits to
deviate from shared parking requirements at 411 East 17th Street, and to allow outdoor
activities (a television outdoors behind the restaurant), Categorically Exempt from CEQA
requirements; Tim DeCinces, authorized agent for Mike Simonian and Jane Caldwell,
applicants.
The Planning Commission, at their meeting held August 8, 2005, adopted Resolution No.
PC -05-51, approving a part of Planning Application PA -05-16.
Wendy Shih, Associate Planner, briefed her agenda report dated August 25, 2005, and
noted that the Planning Commission denied the applicant's request for an outdoor
television, since it would encourage higher noise levels from customers which would
negatively impact the residential properties to the south.
Grant McNiff, appellant, whose residence was located immediately adjacent to the
restaurant, expressed the opinion that the restaurant would negatively impact their property
rights and that traffic in the area was a major concern to them. He urged the City Council
to deny the application.
Tim DeCinces, owner, advised they were providing a family style dining experience for the
community; that the majority of the neighborhood was excited about the restaurant; noted
the property was zoned commercial as depicted on the General Plan; that adequate
parking, including the Frazee Paint store parking, would be available; and that they have
met on several occasions with the McNiff's, who have expressed the opinion they are
basically opposed to the property being zoned C1. Mr. DeCinces requested that the
outdoor television, which would be 24 feet from the McNiff's property and buffered on three
sides by walls, be permitted, since they would be willing to restrict the TV volume and their
hours of operation would be ending by 9:30 p.m.
Council discussion ensued about the Municipal Code provision that requires a minor
conditional use permit to allow outdoor television; City Attorney Barlow referred to Code
Section 13-44, which requires business to be conducted under roof, unless permitted
otherwise by Code. Development Services Director Don Lamm advised that due to the use
of a big screen TV and potential audience participation, staff determined that a minor
conditional use permit to allow an outdoor TV should be included in the application, so that
the surrounding neighborhood would be apprised of the proposed use. Additionally,
questions relating to the use of the Frazee Paint store parking in the event of sale, was
discussed. Staff advised that the City would become informed of a sale when the new
business applied for a business license and the application was forwarded to the Planning
Department for review, and that a prospective buyer would be notified because of recorded
deed restrictions placed on the property.
In response to Council Member Foley about the adjacent residential area being impacted
by parking, City Manager Allan Roeder advised that when he met with Mr. McNiff, he
informed him of the availability of residential parking permits for the neighborhood. Mr.
Roeder stated staff would provide the necessary information and application, if there was
an interest.
Mayor Mansoor declared the public hearing open. The following persons addressed the
City Council on the matter:
1. Bonnie Godfrey, Costa Mesa, submitted a petition signed by 36 owners of units in the
condominium complex located behind the Ralphs complex; stated that they object to the
outdoor dining, customer noise that would be generated, and increased traffic.
2. David Ross, Costa Mesa, expressed his passion for authentic smoked barbecue food
and stated he could hardly wait for the new restaurant to open, since he would be able
to walk there.
3. Neil Ross, Costa Mesa, noted he had lived in cities around the world and one thing they
had in common were local establishments where friends and family could gather and
dine together; he expressed his support for the restaurant, noting he could walk there.
4. Julie Miller, Newport Beach, spoke in favor of the barbecue restaurant and expressed
the opinion that it would provide the community with an outdoor dining experience that
her family and friends could enjoy.
5. Bob Miller, Costa Mesa, expressed his support for the family style dining barbecue
restaurant to which his family could ride their bikes.
6. Bob Porteous, Newport Beach, expressed his support for the affordable, family style
restaurant to which he could take his family; did not believe that traffic was a problem in
the area; and encouraged the City Council to approve the project, including the outdoor
seating and TV.
7. Tom Legrander, Costa Mesa, urged the City Council to approve the proposed project,
noting he favored a family restaurant to which they could walk.
8. Gil Ward, Costa Mesa, expressed excitement for the opening of a good barbecue
restaurant to which he and his family could walk; advised he hears noise from two other
close establishments in the area, one of which is open to 1:00 a.m., so the 9:00 p.m.
closing time for the new barbecue restaurant would not be an issue.
9. Gene Calafari, Costa Mesa, expressed his support for the project.
10. Jon Morris, Costa Mesa, spoke in favor of the project and encouraged approval.
11. Mike McNiff, Costa Mesa, spoke in opposition to the proposed project, noting the noise
that would be generated from outdoor dining with a TV.
12.Ty Peterson, Newport Beach, expressed the opinion that an independent restaurant
with outdoor dining, good food and ambience would be a benefit to the community and
encouraged the City Council to approve it.
13. Dorothy McNiff, Costa Mesa, stated she lived adjacent to the proposed project and was
opposed to it; questioned why the parking issue was not addressed a year ago when
the restaurant was approved; asked whom should they call when they have complaints
about smoke, odors, noise or traffic; and recalled that in 2003, staff was directed to
study residential zoning on the property.
Staff explained when the original project was constructed, the use was based on square
footage and that six on-site parking spaces were required and provided, and now the
owner was proposing outdoor seating which requires additional parking; that
complaints should be directed to Code Enforcement; and that the prior owner of 1676
Tustin Avenue had applied to rezone the property to residential, that the City Council
approved the rezoning screening, but the property owner never filed an application to
rezone and develop the property residential; and that currently the property is zoned
commercial.
14. Brett Del Valle, Newport Beach, spoke in favor of the application and encouraged the
City Council to approve the outdoor seating and TV.
15. Kathy Barrett, Costa Mesa, spoke in support of the project.
16. Robert Toffel, Costa Mesa, spoke in favor of the project.
17. Jonathan Hawthorne, Santa Ana, spoke in favor of the project.
18. Brian Davisson, Costa Mesa, recalled growing up in the area and eating at many of the
small family-owned restaurants; stated he was looking forward to the family -style
restaurant opening soon; and urged the City Council to approve the application.
19. Heather Sommers, Costa Mesa, encouraged the City Council to consider the traffic
flow, access to the site, both on- and off-site parking issues, and the impact the
restaurant would have on the adjoining neighborhood, noting the unsightly roof top of
the restaurant.
20. Susan Burns, Newport Beach, spoke in favor of the restaurant.
21. Martin Stassel, Costa Mesa, stated he believed the project would adversely impact the
surrounding neighborhood and encouraged the City Council to fully consider the
environmental impacts, odor, noise and outdoor seating.
22. Brian Griffith, formerly Costa Mesa, Tustin, advised he and his wife are part owners of
the restaurant and were excited about being a part of the community; advised that their
staff has reached out to the adjacent property owner in an effort to be a good neighbor,
but the efforts were in vain.
23. Frank Lyazidi, Costa Mesa, stated he believed that the restaurant should have been
placed on 17th Street and not next to residential properties; expressed his concerns
about traffic, the safety of the children in the area, noise, and the smoke generated from
the restaurant.
24. Roger Sommers, Costa Mesa, President of the Costa Mesa Heights Homeowners
Association, advised that he never received a call from the owners of the restaurant to
discuss the project; he requested the City Council to continue the public hearing to allow
time for him and members of the community to meet with the proponents to discuss the
issues of off-site parking and deed restrictions on the Frazee Paint store, odor control,
and ADA requirements.
25. Kirk Norton, Costa Mesa, expressed his support for the restaurant with outdoor seating
and a TV.
26. Beth Refakas, Costa Mesa, expressed her concern about the on- and off-site parking,
smoke odor on the adjacent residential neighborhood, outdoor dining and TV, which
would generate too much noise.
27. Robert Goodwin, General Manager of the Beach Pit BBQ, pointed out that the issue at
hand was parking; the restaurant was very handicap friendly; and advised that the
smoke system was built to minimize the amount and number of times per day that
smoke needed to be released.
Mayor Mansoor asked if anyone else wished to address the City Council; hearing no
response, he closed the public hearing.
In response to City Council questions, Wendy Shih, Associate Planner, stated that in
addition to Municipal Code requirements, there were specific Conditions of Approval
imposed on the project to provide protection to the surrounding residential neighborhood in
the event a problem arose.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Foley,
the City Council adopted the following entitled Resolution, upholding the decision of the
Planning Commission:
RESOLUTION NO. 05-61. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA APPROVING PLANNING APPLICATION PA -05-16.
Roll Call Vote:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
MOTION UNANIMOUSLY CARRIED. The Mayor declared Resolution No. 05-61 duly
passed and adopted.
RECESS AND AFTER RECESS: Mayor Mansoor declared the meeting recessed at 8:28
p.m. The Mayor reconvened the meeting at 8:43 p.m., with all Council Members being
present, except Mayor Pro Tem Monahan.
2. PUBLIC HEARING: 2005 -2006 CITIZEN'S OPTION FOR PUBLIC SAFETY/
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
(COPS/SLESF). ALLOCATION OF FUNDS
The Deputy City Clerk announced that this was the time and place set for a public hearing
to consider the following recommended allocation of funds for the 2005-2006 Citizen's
Option for Public Safety/ Supplemental Law Enforcements Services Fund (COPS/SLESF)
and that the Affidavit of Publication was on file in the City Clerk's office.
Description Amount
Police Sergeant/Field Operations 2006-2007 Budget $145,000
Tactical Ear Pieces for Patrol Radio Communication 14,000
Laptop Computer/Printer for Narcotic Unit 2,500
Barcode Scanning Hardware and Software for Arsenal
Checkout System and Inventory Control 5,500
Shotguns and Shotgun Mounts for Motorcycles 8,000
Mayor Mansoor noted that an important matter arose requiring Mayor Pro Tem Monahan to
leave the Chambers and hopefully he would be able to return shortly.
Captain Jim Watson, Field Operations, briefed his report dated August 11, 2005.
The Mayor opened the public hearing and asked if anyone wished to address the City
Council; hearing no response, he closed the public hearing.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Foley,
the City Council approved the 2005-2006 Citizen's Option for Public Safety/Supplemental
Law Enforcement Services Fund (COPS/SLESF), as recommended. Council Member
Monahan absent. MOTION CARRIED.
CONSENT CALENDAR ITEM NOS. 1 THROUGH 20
Mayor Mansoor requested withdrawal of Item Nos. 7, 14, 15, and 16; members of the public
requested withdrawal of Item No. 20.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Foley, the
City Council took the following actions on the remaining Consent Calendar items:
WRITTEN COMMUNICATIONS
1. The following claims were received and processed: Brittanywoods Community
Association; Julie A. Duncan (on behalf of Rosalba Valencia); Joseph M. Duran;
Charles V. Holden; Wayne Leffler; Christine McKee; Mercury Insurance (on behalf of
Joseph Fordonski); Jackie Stobo; Jocelyn and Mike Whitfield; James Turner; and Mary
Spinner.
The following requests for Alcoholic Beverage Control (ABC) Licenses were received
and processed:
May Garden Restaurant, 1400 Bristol Street, Costa Mesa, for a person-to-person
transfer of an existing type 47 license (on -sale general for a bona fide eating place).
Wingstop, 1781 Newport Boulevard, Suite C, Costa Mesa, for a person-to-person
transfer of a type 41 license (on -sale beer and wine for a bona fide eating place).
The following Notice of application was received and processed: Advance Shuttle,
LLC, pursuant to Public Utilities Code 1031, to operate an on-call, door-to-door,
passenger stage corporation (PSC) to local airports in the Los Angeles and Orange
County area.
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The following Follow-up Reports was received and processed:
Response to request from Mayor Mansoor regarding procedures for animal licensing.
Response to request from Council for information regarding graffiti incidents.
Response to John Feeney, from the August 2, 2005, Council meeting regarding his
concern of the illegal use of Paularino School athletic fields.
Response to request from Council for information on the current status of the School
Resource Officer (SRO) Program.
MINUTES
2. Approved the Minutes of the Regular Meeting held August 16, 2005.
WARRANTS
3. Adopted Warrant Resolution 2071, funding Payroll Nos. 516 and 515A in the amounts
of $2,105,414.96 and $1,957.74, respectively, and City operating expenses in the
amount of $792,244.40, including payroll deductions.
4. Adopted Warrant Resolution 2072, funding City operating expenses in the amount of
$1,218,572.99.
5. Adopted Warrant Resolution 2073, funding Payroll Nos. 517 and 516A in the amounts
of $2,068,909.73 and $1,865.69, respectively, and City operating expenses in the
amount of $1,197,942.90.
ADMINISTRATIVE ACTIONS
6. Approved Bid Item No. 1082 for the purchase of 135 additional new Dell Optiplex
GX620 workstation computers from Dell Marketing LP, One Dell Way RR8 M -S-8706,
Round Rock, Texas, in the amount of $94,719.36.
8. Approved the award of a contract to PB Farradyne, 444 South Flower Street, Suite
3700, Los Angeles, in the amount of $315,000 for Traffic Signal Management Systems
Integration Project, and authorized the Mayor and Deputy City Clerk to execute the
contract.
9. Approved the award of a contract to Fortel Traffic, Inc., 1559 Harmony Circle,
Anaheim, in the amount of $67,026.25, for The Safe Route to School Radar Speed
Sign Technology Services, and authorized the Mayor and Deputy City Clerk to execute
the contract.
10. Approved Amendment No. 1 to the Agreement with Western Transit Systems, 1919
East Lincoln Avenue, Anaheim, in the amount of $61,653.42, for a one-year extension
through September 30, 2006, for Driver Services for the Senior Mobility Program, and
authorizing the Mayor and Deputy City Clerk to execute.
Approved and authorized the City Manager to execute Budget Adjustment No. 06-111
in the amount of $3,626, appropriating the additional Orange County Transportation
Authority (OCTA) grant funds for a total of $61,049 for Fiscal Year 2005-2006.
11. Approved and authorized the City Manager to execute Budget Adjustment No. 06-008
in the amount of $29,267, for the California Integrated Waste Management Eleventh
Cycle Used Oil Recycling Block Grant, and appropriating said funds to the Public
Services' operating budget for the Used Oil Recycling Program.
12. Accepted State Farm Insurance Company grant in the amount of $5,000 for the
purchase of rescue equipment for the Fire Department.
Approved and authorized the City Manager to execute Budget Adjustment No. 06-006
in the amount of $5,000, appropriating said grant funds to the Fire Department's
operating budget.
13. Rejected all bids received for the Harbor Boulevard at Gisler Avenue Intersection
Improvements, City Project No. 05-09.
Directed staff to re -advertise the project.
17. Adopted Resolution No. 05-62 entitled:
RESOLUTION NO. 05-62. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE
VACATION OF EXCESS RIGHT-OF-WAY AT 1629 SUPERIOR AVENUE. (Setting
October 4, 2005, at 7:00 p.m., as the date and time for public hearing)
18. Accepted the completion of the 17th Street, 19th Street, and Alley No. 111 Rehabilitation
Project, City Project No. 04-11, R. J. Noble Company, 15505 East Lincoln Avenue,
Orange, contractor; authorized the Deputy City Clerk to file a Notice of Completion;
authorized release of retention funds 35 days thereafter; ordered the exoneration of the
Labor and Material Bond seven months thereafter; and ordered the exoneration of the
Performance Bond 12 months thereafter.
19. Accepted the completion of Parkway Concrete Repair, Canyon Park Slope Repair, and
National Avenue Strom Drain Construction Project, City Project No. 03-22, Ranco
Corporation, P. O. Box 9007, Brea, contractor; authorized the Deputy City Clerk to file
a Notice of Completion; authorized release of retention funds 35 days thereafter;
ordered the exoneration of the Labor and Material Bond seven months thereafter; and
ordered the exoneration of the Performance Bond 12 months thereafter.
Council Member Monahan absent. MOTION CARRIED. The Mayor declared Resolution No
05-62 duly passed and adopted.
END OF CONSENT CALENDAR
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. AGREEMENT WITH HERNANDEZ CART SERVICES, INC.. SHOPPING CART
RETRIEVAL SERVICES: Mayor Mansoor removed the item from the Consent Calendar and
stated that he had requested alternatives which would be more aggressive in retrieving carts,
such as having store owners retrieve carts. The Mayor noted he had received this date a
memorandum relating to alternatives and would like more time to review it. He asked the City
Manager if there was an urgency to the matter, to which Mr. Roeder responded a continuance
for two weeks to one month could be accommodated.
Jay Humphrey, Costa Mesa, related how Canada retrieved shopping carts; carts are lined
up in an automated system; user inserts a coin and removes a cart; when cart is returned,
coin is returned; he suggested the City use such a system.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Bever,
the City Council continued the proposed agreement with Hernandez Cart Services, Inc., to
September 20, 2005, and directed staff to submit other options as well. Council Member
Monahan absent. MOTION CARRIED.
14. APPLICATION TO THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM—
FAIRVIEW PARK WETLANDS AND RIPARIAN HABITAT PROJECT:
15. AWARD OF CONTRACT—DESIGN SERVICES FOR WETLANDS AND RIPARIAN
HABITAT AT FAIRVIEW PARK:
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16. GRANT APPLICATION TO RECREATIONAL TRAILS PROGRAM—BIKE TRAIL AT
FAIRVIEW PARK:
Mayor Mansoor removed the foregoing items from the Consent Calendar and asked if the
City would be permitted to use the funds for a different trail other than the top of the Flood
Control Channel. Director of Public Services William Morris responded that according to
the Fairview Park Administrator, the City will be able to modify the grant as the trails are
adjusted, that the Fairview Park Master Plan will have to be amended to change the trail
designation, and that the Fairview Channel is not a part of the Master Plan.
1. Robert Graham, Costa Mesa, expressed concern that the City's trails options were
being limited; displayed pictures; that the riparian waterway areas would be closed
during nesting periods of the year and prohibit use of the trail.
Council Member Bever advised Mr. Graham that the City was proposing different
options so that if the County did not permit the trail on the levee, the City would still
be able to have a trail and believed that Mr. Graham's concerns would be alleviated.
Later in the meeting, Mr. Graham displayed a newspaper article relating to State
parks undergoing accessibility renovations and the costs, and noted that the lower
parking lot of the
Park had been eliminated; suggested that the City integrate baseball fields with the
natural areas of the Park, thereby fulfilling some of the need for fields in the City.
2. David Kinkade, Costa Mesa, expressed appreciation to the Parks and Recreation
Commission and staff for adding and improving bike trails; wanted to be sure that
staff was not going to limit the application to a specific location; displayed pictures of
examples of trails in another city; and encouraged the .City Council to keep its
options open and not limit the trail to the top of the levee.
3. Larry Courter, Costa Mesa, advised that after hearing concerns from his neighbors,
he organized a field trip on August 20th with Jeff Dickson of the County of Orange
and saw various trails in Orange County; displayed pictures; expressed support for
the grant application, but not limiting it to a specific location; advised that he learned
that within the next five to seven years, the County would be dramatically reworking
the channel; and encouraged everyone to visit their website.
Robert Staples, Fairview Park Administrator, clarified that the grant application must
contain a specific site for the project and if the City desires to change the trail location at a
later date, the State must be notified. In response to Council Member Bever, Mr. Staples
advised that the City could proceed with a change in the Master Plan while the State is
considering the grant application.
4. All Haghjoo, Costa Mesa, expressed concern about the location of the trail, noting
that Fairview Park and Talbert Park were beautiful wilderness areas and putting a
trail through them would encourage more ridership on the trail, as opposed to a trail
in a caged area on top of the levee.
Using a displayed map, the Fairview Park Administrator pointed out where different trails
would be located and which ones might be closed for nesting periods and planting.
5. John King, Costa Mesa, expressed concern about the compatibility of combining
bike and pedestrian traffic on one trail, noting the speed of bicyclists on an open trail;
consideration should be given to the habitat of the Fairview Creek; and encouraged
the City Council to maintain flexibility in determining the location of a trail within the
Park.
6. Rick Gillick, Costa Mesa, expressed support for putting the bike trail by the levee
and emphasized the need to have separate pedestrian and bike trails for safety
reasons.
7. Bill Reitler, Costa Mesa, expressed concern about the safety of children living in the
homes adjacent to the levee, given the visibility and access that would occur with the
proposed levee trail; supported the grant application providing the City Council
would have the flexibility to later change the trail; and stated he believed that there
should be separate bike and pedestrian trails.
8. Julie King, Costa Mesa, expressed her concerns about the trail being on the levee
which is very narrow and rocky and questioned access to the trail; encouraged the
City Council to consider other alternatives; and stated that a bike trail in Fairview
Park would be better.
9. Tim Cromwell, Costa Mesa, expressed support for a bike trail connecting Placentia
Avenue with the Santa Ana River trail and believed the City had approved funding
for a bridge that would cross Placentia Avenue and allow pedestrian and bicyclists to
cross the street; did not want a trail on the levee where people could intrude on his
backyard privacy; and encouraged the City Council to put the bike trail in Fairview
Park.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Bever,
the City Council adopted Resolution No. 05-63 and awarded a contract for design services
of a Wetlands and Riparian Habitat at Fairview Park with the caveat that alternative routes
be considered other than the Flood Control Channel when designing the riparian area, and
approved the grant application with the caveat to initiate whatever is necessary in the
Fairview Park Master Plan process to look at possible changes in the route
and that a specific location south of the Channel be designated for purposes of the grant
application, but that options for other areas remain open.
14. RESOLUTION NO. 05-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER
THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH
PROTECTION ACT OF 2002 (PROPOSITION 50) FOR THE FAIRVIEW PARK
WETLANDS AND RIPARIAN HABITAT PROJECT.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MANSOOR, BEVER, DIXON, AND FOLEY
NONE
MONAHAN
15. Awarded a contract to Moffatt & Nichol, 3780 Kilroy Way, Suite 600, Long Beach, in
an amount not to exceed $489,895 (base proposal plus additive Item 1A and 2), for
design services of a Wetlands and Riparian Habitat at Fairview Park, and authorized
the Mayor and Deputy City Clerk to execute the contract.
Approved and authorized the City Manager to sign Budget Adjustment No. 06-010 in
the amount of $489,895, as recommended.
16. RESOLUTION NO. 05-64. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR A BIKE TRAIL AT
FAIRVIEW PARK.
Roll Call Vote:
AYES: COUNCIL MEMBERS: - MANSOOR, BEVER, DIXON, AND FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MONAHAN
Council Member Monahan absent. MOTION CARRIED. The Mayor declared Resolution
Nos. 05-63 and 05-64 duly passed and adopted.
20. ACTION MINUTES FOR CITY COUNCIL MEETINGS: Mr. Ray Humphrey
requested removal of the item from the Consent Calendar and expressed concern that the
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Website would not offer enough information, that the City Council was obliged to inform the
public, questioned .the length of time Website materials would be available, insufficient data
available on the Website, what people without Web access would do, unavailability of
enough information in the minutes for a Council Member who was absent from a meeting to
know what their colleagues said, and how the public would monitor the actions of their
elected officials, absent attending the meetings. Mr. Humphrey stated he believed that
action minutes would be an eliminating factor, rather than an expanding factor.
1. Beth Refakas, Costa Mesa, expressed concern that the action minutes would be too
condensed; would not provide adequate information which hampers research work
on previous City Council and Planning Commission actions; that public comment
issues raised would not be reflected; the impact on legal issues affecting the City;
would eliminate Council Members' suggestions and comments; and she encouraged
the City Council to give careful thought prior to going to action minutes.
2. Sandara Genis, Costa Mesa, expressed the opinion that the more complete the
information is in the deliberative process of past Council actions, the better it is for
the public and the City; current minutes provide the capability for citizens to track the
decision-making process; the video would not be retained for any length of time; and
City commissions rely on past minutes for rationale of decisions.
3. David Stiller, Costa Mesa, expressed the opinion that action minutes would not
adequately reflect Council discussion on matters, nor the public's comments; that
a complete written record is important; and believed that with the minutes as
currently created sometimes do not reflect everything a speaker states.
4. Wendy Leece, Costa Mesa, agreed with former Mayor Genis and Mr. Humphrey that
context is peak and the historical perspective of matters is important; government is
to serve the community; brevity is not best; the detail and recognition of citizens who
take the time to speak to issues should be included; gave the example of reviewing
past minutes on a matter under discussion this date was helpful and beneficial to
her; stated it was unwise to shorten the minutes for the sake of technology; and
urged the City Council not to approve action minutes for meetings.
Council Member Bever stated he agreed with the speakers, but also recognized the fact
that it takes a substantial amount of time to produce summary minutes. He believed that
summary minutes should continue to be produced, but that action minutes available a
couple of days following the meeting, which reflect the votes and decisions, should also
be produced and attached to the summary minutes when completed.
MOTION: Council Member Foley moved to approve the use of the action minutes format
for City Council meetings. MOTION DIED FOR LACK OF A SECOND.
City Manager Roeder advised that currently an action agenda is produced which reflects
actions and votes from a meeting.
MOTION: On motion by Council Member Bever, seconded by Council Member Dixon, the
City Council determined to retain use of summary minutes.
Mayor Mansoor questioned if the meeting could be retained on a disk for some period of
time, for example ten years, or even indefinitely. Assistant City Manager Steve Hayman
responded in the affirmative. In response to the Mayor's question about a member of the
public not having computer access, Mr. Hayman stated they could produce action minutes
and a DVD or video tape of the meeting.
Deputy City Clerk Julie Folcik stated that the action minutes would be the permanent
minutes and be available in hard copy. Ms. Folcik explained that the action minutes would
contain the actions taken by the City Council, the votes, and a Council Member's
comments, if requested that they be included in the record.
Mayor Mansoor stated he preferred the action minutes, since the current summary minutes
do not completely reflect everything a person says. He advised that if he needs to
reference something, he goes to the DVD. The Mayor pointed out the only way to get the
entire discussion on a'matter was to prepare verbatim minutes, which were too lengthy and
cost prohibitive.
In response to the Mayor, City Manager Roeder advised that currently the City does not
have the technology to dictate into a computer and have the data printed out. He stated
that in recommending the Web streaming of meetings and action minutes was to enhance
access to public information and apologized if anyone thought the City was attempting to
limit that access. Mr. Roeder pointed out that action minutes would not be implemented
until the new Web streaming system was operational and tested. He stated that since
there was no urgency to approve the use of action minutes, it may behoove the City
Council to continue the matter and investigate other alternatives, including the ability of a
system to dictate and transcribe verbatim the minutes of the meeting, recognizing there is a
large cost to that process.
Council Member Foley sensed there was a split on the Council this date and suggested
that the matter be continued to the next meeting or a later meeting to have a full Council
present. She expressed the belief that with the proposed system, public access was being
increased, noting anyone could view meetings by going to their library, school or any
computer regardless of where they were.
Council Member Bever stated he favored the Web streaming system and was under the
impression that preparation of minutes would be easier, but he never thought the detail
contained in the current summary minutes format would be eliminated. He stated that
historically the City has prepared summary minutes, which in his opinion was a good
compromise between verbatim minutes and action minutes.
Emery Jones, the Granicus representative, clarified that as the action minutes are
produced, they are linked to a video and then downloaded to a DVD or CD. As the user
views the minutes, they can click on any matter to view the video covering a particular item.
In response to the Mayor, Mr. Jones stated a person would have to have access to a
computer to view the DVD or CD.
In response to Council Member Bever, Assistant City Manager Steve Hayman advised that
the contract requires Granicus to maintain the meetings on-line for one year, but the City
has the ability to explore alternatives for maintaining them longer.
MOTION: Council Member Foley moved to continue the matter. Council Member Mansoor
seconded the motion with the proviso that it include staff be directed to continue to
investigate options for producing verbatim minutes, if requested. Council Member Foley
accepted the proviso. Council Member Monahan absent. Council Member Bever voted
"No". MOTION CARRIED.
OLD BUSINESS
1. FIELD USE RECOMMENDATIONS AND JOINT USE AGREEMENT WITH
NEWPORT MESA UNIFIED SCHOOL DISTRICT: Recommendations submitted by the
Parks and Recreation Commission relating to use of fields and the Joint Use Agreement
with the Newport Mesa Unified School District, as requested by the City Council at their
July 19, 2005 meeting.
Jana Ransom, Recreation Manager, briefed her agenda report dated August 24, 2005 and
noted the Parks and Recreation Commission held three meetings at which specific Group
use, use of elementary schools, year-round use of fields, allocation formula for lighted
fields, and the Joint Use Agreement with Newport Mesa Unified School District, were
discussed. Ms. Ransom reviewed each recommendation.
Mayor Mansoor made some general comments, noting that the goal of the City was to
provide maximum use of fields by Costa Mesa children. He advised it was his goal to
discontinue the Adult 6, outside adult, users, thereby freeing up 13 percent of the fields for
use by Costa Mesa residents, reducing the impact on neighborhoods and increasing the
field recovery time. Mayor Mansoor expressed the opinion that the City needs to focus on
obtaining its own fields and to be less reliant on the Newport Mesa School District. The
Mayor advised that the City was moving forward with the Fairview Hospital property which
should free up some field use and that park development fees were expected, as a result of
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development occurring. Mayor Mansoor pointed out that field use issues needed to be
cleared up before addressing issues with the School District.
Therefore, Mayor Mansoor proposed to keep Groups 1, 2, 3 and 4, discontinue Groups 5
and 6, noting that Group 5 could participate in Group 3 as along as they presented
identification showing residency, and that Group 6 could participate in Group 4 with the
same caveat. The Mayor believed that the adult groups and others need to show
identification that reflects residency. Additionally, the Mayor believed that the School
District should be held accountable for their actions, such as when they override and yank
permits that the City of Costa Mesa issued under the current Joint Use Agreement: The
Mayor indicated he did not think the City should be paying the School District for field
maintenance, and any payment by the City should be for major infrastructure such as field
irrigation and manuring. Other issues that should be addressed are: The 50 percent City
payment for a school resources officer and the City cost for school crossing guards, which
he believed the School District should pay a portion. The Mayor stated he agreed with the
Parks and Recreation recommendation that the subject of field maintenance, in general,
needed to be addressed in the Joint Use Agreement. The Mayor stated he was concerned
that there was a separate payment for use of Balearic Park which is outside the Joint Use
Agreement. Mayor Mansoor requested clarification of the fees that are collected which go
back to the School District, and a breakdown of the total cost of the Joint Use Agreement..
In response to Mayor Mansoor, Recreation Manager Ransom answered that the City does
not have an accurate count of how many School District fields in Newport Beach are used
by AYSO 97 because the School District schedules use of those fields. The Mayor
interjected that the School District does not issue permits for fields in Newport Beach in
advance and consequently those fields are not receiving as much play. He stated that was
very frustrating to him and parents.
Recreation Manager Jana Ransom confirmed for Council Member Dixon that the Newport
Mesa Unified School District scheduled use of school fields in Newport Beach and in Costa
Mesa. In response to Council Member Dixon, Ms. Ransom explained the that the past
practice of the School District was to hold a public hearing when a group requests
temporary lights be permitted on District fields, but the current policy is only School District
sanctioned groups, like the Band, were now permitted to use temporary lights on the fields.
Council Member Dixon inquired if Group 5 users consist of youth club teams; Recreation
Supervisor Ruth Raheb responded it could, and Ms. Ransom explained that of the 17
teams in Group 5, seven were club organizations. Ms. Raheb explained that Groups 1
through 4 received their field allocations before Groups 5 and 6, and eliminating Groups 5
and 6 would not yield more available fields, but, in fact, would only reduce overall use of the
fields. Ms. Ransom pointed out that Group 6, the adult clubs, had priority on Sundays and
if they were eliminated, Sunday play would be available.
In response to Council Member Foley regarding no adult soccer on elementary school
fields, Ms. Ransom and Raheb advised that Davis School was originally built as an
intermediate school, and the School District later redesignated it to an elementary school.
Play has been allowed on that school since it is not near a residential neighborhood and is
bounded by the fairgrounds and TeWinkle Park.
In response to Mayor Mansoor, Ms. Ransom advised that if a Group 5 user was 50 percent
Costa Mesa residents and 50 percent another city, they would be able to request field play
time and pay for it, only if fields were available. The Mayor expressed the desire to have
Costa Mesa residents have field allocation priority and that was why he was recommending
Group 5 be combined with Group 3. Ms. Raheb explained they look at the allocation group
as a whole and proportionately assign fields usage based on the number of Costa Mesa
residents.
The Mayor asked is any member of the public wished to address the City Council.
1. Robert Knapp, Costa Mesa, advised that the sports groups cooperated with each
other, as well as City and School District staff, and that the two lighted fields at The
Farm are shared equally; he encouraged the City Council to continue to invest in the
youth of the City by funding more lighted fields.
2. Tom Patterson, Costa Mesa, stated that they are a Group 1 with 90 percent of their
members being Costa Mesa residents; to grandfather a Group 5 into a Group 1
would be unfair to the kids already in Group 1, since priority of field usage then
changes.
3. Jeff Braun, Newport Beach, AYSO Region 97, applauded staff and the Parks and
Recreation Commission for their work; expressed support for the recommendations
on the Joint Use Agreement and keeping the allocation of lighted fields status quo;
he encouraged the City Council to focus on the fact that they are impacting 800
Costa Mesa children by their decisions, rather than on a percentage figure; that they
have open registration which means children in Region 97 could play in Region 120,
but they chose to remain in Region 97 because they want to play soccer with their
friends with whom they go to school and who live in their neighborhood.
4. Ron Nugent, Costa Mesa, member of the Costa Mesa Pop Warner Football
executive board, thanked Council Member Foley for helping them with a field issue
which is they currently have four hours of field time or two days a week, but when
daylight savings ends, unless they can get six hours of a field time or three days a
week, they will be fined and suspended from Pop Warner; pointed out that in this
opinion the City has not kept pace with the growth of youth programs and has not
put any new fields on-line since 1965 that were not on School District land; he
stressed the urgency for a resolution of the issue.
In response to Mayor Mansoor, City Manager Allan Roeder advised that last week Council
Member Foley, Mr. Nugent and he communicated by email; that the hours issue has not
been resolved, but the scheduling conflict on Fridays has been resolved. Mr. Roeder
stated that at the present time to resolve the issue, the City would have to install lights or
reduce the hours allocated to another group. He advised that Council Member Foley
interceded with the College District for use of lighted fields, but the cost would be very high,
$1,500 per night.
Council Member Bever noted that the City had acquired a portion of Costa Mesa High
School from the School District and developed The Farm Sports Complex with two of the
fields being lighted and asked the City Manager what would be involved to light more of the
fields. City Manager Roeder gave a historical overview of the acquisition and development
of The Farm, the public hearing approval process, and noted that a commitment had been
made to the Mesa Del Mar neighborhood relating to number of days the fields would be in
use, hours, and that lighted fields would be limited to two. Mr. Roeder stated to change any
approval conditions would require going through the public hearing process again.
In response to Council Member Dixon, City Manager Allan Roeder advised they could
request the School District to lift the field lighting ban on School District property and
discuss the possibility of having temporary or permanently lighted fields at Whittier School,
but the fields are in terrible condition at present. In the long term, Whittier School is a good
candidate because of its location. The Mayor reiterated the need to upgrade fields, rather
than just maintaining them.
5. Karl Seckel, Costa Mesa, stated he believes that the City has reached a crisis mode
in their ability to provide lighted fields and suggested that all avenues be explored,
including reopening the Joint Use Agreement, working with the homeowners around
The Farm, and installing lights at TeWinkle and Davis Schools.
6. David O'Shea, Costa Mesa, stated that the current formula used for allocating fields.
needs to be modified, since it assumes that fields given to an organization all come
from Costa Mesa, when, in fact, they come from Newport Beach or the School
District too.
7. Charles Graham, Costa Mesa, expressed his support for the Joint Use Agreement,
but believed staff should be more assertive in exercising the Agreement and getting
more lighted fields; suggested that staff delay the conversion of one of the fields at
TeWinkle Park since it is currently lighted and the Pop Warner Football Program
could play there; and he encouraged the City Council to consider building baseball
fields at Fairview Park, since if it were not for the Joint Use Agreement, the City
would not have any baseball fields.
In response to Council Member Dixon, Mr. Graham stated that without the Joint Use
Agreement, organizations would have to first obtain the approval of the individual principal
at each school where they wish to play and then obtain the approval of the School Board.
Council Member Bever stated it was his understanding that the School District has
centralized the allocation of fields process. Recreation Manager Jana Ransom clarified
that the School District has the ability to schedule, but the allocation of the fields is the
City's overlay of the Joint Use Agreement with the field use and allocation policy. Ms.
Ransom and Ms. Raheb reiterated the current and past processes which organizations
must follow to obtain approval to use School District fields.
8. Mike Barr, Costa Mesa, Region 120 Field Director, advised that three years ago
when the Farm first opened, they had use of all six fields and now they are down to
one-third of their field practice time and have even lost fields; advised they are the
largest Group 1 user and they do work together with other teams; he believed the
issue was the lack of lighted fields throughout the City and the Joint Use
Agreement was vital to sports programs in the City.
9. Mylle Frederiksen, Costa Mesa, advised she submitted a petition signed by 55
people in her neighborhood, seeking relief from the noise caused by hundreds of
adults playing sports on Saturdays and Sundays, from 8:30 a.m. to 5:30 p.m., at
Victoria School.
10. David Stiller, Costa Mesa, member of the Parks and Recreation Commission but
speaking as an individual, stressed the importance of having the Joint Use
Agreement and encouraged the City Council not to hold the Agreement hostage by
other issues; and recommended that a meeting beheld with the residents on the
north side of The Farm and members of the Mesa del Mar Board of Directors to
work out an agreement whereby lights could be installed on the south side of The
Farm on Fields 3 and 4.
11. Chris Harris, Newport Beach, expressed his support for the Joint Use Agreement,
emphasizing without it, use of school fields would be in jeopardy; noted that the City
had only three parks that they control, TeWinkle Park, The Farm and Lyons Parks,
the rest were School District fields; advised that Newport Beach and Region 97
had their permits pulled by the District after practices and games had been
scheduled because the District decided they needed the fields for their use;
expressed concern that the City was going to spend between $3.5 and $4
million on a sports complex which would be used mostly by people who do not live
in Costa Mesa; and stressed the need for more lighted fields for both the youth and
adult sports programs.
12. Mark Rogensen, Costa Mesa, soccer and baseball coach, stated the Joint Use
Agreement was necessary, but the long-term answer was more City fields.
13. A speaker from the audience expressed his support for the Joint Use Agreement
even though it is not perfect; emphasized if the Agreement is not negotiated and
executed, the City will lose control of the fields.
14. Greg Pierce, Costa Mesa, expressed the opinion that the Joint Use Agreement was
absolutely necessary, since it gives coaches and parents a one point access system
to get permits for their teams.
15. James Shoaff, Costa Mesa, member of the Costa Mesa National League Board of
Directors, expressed his support for the Joint Use Agreement, noting that without it,
50 plus fields would only be available at the discretion of the School District and the
individual school principals.
16. Bob Ramirez, Costa Mesa, expressed the opinion that the Joint Use Agreement was
a necessary tool and that the City should be checking identifications of players; he
strongly emphasized that adult soccer teams should not be permitted to use
elementary schools, noting the use of profanity, yelling, public nudity, urination, and
defecation, balls kicked and trash thrown into backyards, alcohol consumption,
public vending vehicles on the fields, loitering, increased traffic, parking issues, loud
music, etc.; recommended that the City check identifications of adult players using
the fields to insure they are Costa Mesa residents.
17. John Conners, AYSO Area Director, advised he works with 11,000 children in
central Orange County, including Regions 97 and 120 and can attest to their
cooperation to resolve any issues; AYSO's goals include supporting the community
efforts and fostering good relations with other user groups; encouraged the City
Council to adopt the recommendations of the Parks and Recreation Commission;
and pointed out that surveys show that people move to communities that provide
good schools, services, and youth programs and urged the City Council to commit to
serving youth programs by providing good fields.
In response to Council Member Dixon, City Manager Roeder advised that District staff, City
staff, and Public Services Director Bill Morris visited all the fields and did an in-depth
analysis of the work which would be required, such as irrigation and aeration, to bring the
fields up to a standard acceptable to the community, District, and City; maintenance levels
would still have to be determined. Mr. Roeder further advised that 80 percent of the field
irrigation systems were failing and noted that a substantial capital investment in the
facilities is needed. Currently, the Joint Use Agreement only addresses basic maintenance
of School District fields. Mr. Roeder advised that the School District is willing to take back
the maintenance of the fields addressed in the Joint Use Agreement, to discuss multiple
levels of maintenance, and have the City fund routine maintenance on an on-going basis,
however Mr. Roeder stated no final decision has been made. Council Member Foley
stated that both parties to the Joint Use Agreement agreed to reach a decision by the first
meeting in October.
MOTION: Council Member Foley moved to: 1) Accept the Park and Recreation
Commission recommendations contained in the agenda report dated August 24, 2005.
2) Direct staff to revise the existing Joint Use Agreement with Newport Mesa Unified School
District with the City acting as the agent for community use, specifically with the City's
position being that field renovations be brought to mutually agreed upon and defined
standards, with the School District providing ongoing maintenance and the City providing
the revenue for funding substantial capital investment in future field improvements. 3)
Direct staff to place a high priority on moving forward with feasibility studies to identify City
and School District fields where permanent lights could be installed and to set aside
funding to install lights in future years' budgets. 4) Support efforts to evaluate State surplus
properties and direct staff to include funding plans for acquisition of some of those
properties in future years' budgets. 5) Direct staff to look at lighting the following fields:
Whittier School for permanent lighting, David Field, a portion of Balaeric Field and Sonora
Field not adjacent to residential property, work with the Segerstrom's on the Home Ranch
property which was previously discussed, and look at better utilizing Lyons Field. MOTION
DIED FOR LACK OF A SECOND.
Council Member Foley stated the only way the City will get more fields and improve existing
fields is to work with the School District; believed the Joint Use Agreement was imperative;
burdening school principals with the task of field allocation was not an option; noted that the
School District has taken the initiative to improve school sites and fields and has not
received acknowledgement of the effort; and stated that if more money is not going to be
given to the School District, then everyone needs to support Measure F.
MOTION: Council Member Bever moved to: 1) Continue with the existing Joint Use
Agreement and use as basis for further discussions. 2) Use the $1 million allocated to the
Costa Mesa United project for stop gap measures, lighting and field work to meet
immediate needs, since a measure is being proposed which may fund the Costa Mesa
United project. 3) Eliminate adult sports at elementary schools. 4) Direct the City Manager
to submit alternatives to provide more City -owned fields, lighted and unlighted fields that
would include utility and baseball fields. 4) Eliminate Group 5 and 6 users. MOTION DIED
FOR LACK OF A SECOND.
MOTION: Council Member Dixon moved to: 1) Accept the Parks and Recreation
Commission recommendations as follows: a) Make no changes to Groups 4 and 5
organizations' use of fields and limit Group 6 organizations' use as recommended. b)
Permit no use of Newport Mesa Unified School District elementary schools located in Costa
Mesa by adult soccer organizations. c) Restrict adult soccer use to Costa Mesa High
School fields, Estancia High School fields, Parsons School field, Davis School field, and
Balaeric School field with established site restrictions. d) Make no changes to year-round
use of fields by an organization and direct staff to initiate and/or assist with development of
rest and renovation periods at school and at City fields. e) Make no changes to the current
allocation formula used on fields with lights and direct the Parks and Recreation
Commission to look into short term use of portable lights at The Farm Sports Complex
location. f) Support inclusion of maintenance standards in any re -worked Joint Use
Agreement with Newport Mesa Unified School District. g) Defer action on the Joint Use
Agreement until the Newport Mesa Unified School District (NMUSD) agrees to the following
modifications to the Agreement: 1) The NMUSD assumes all maintenance responsibilities
for District fields under the Joint Use Agreement. 2) The NMUSD fully maintains District
fields under the Joint Use Agreement to a level safe for both school and community use,
with the City and District mutually agreeing upon a maintenance standard. 3) City funds
needed Capital Reinvestment of fields under the Joint Use Agreement, defined as
irrigation, aerification, verticutting and overseeding; City and District will identify Capital
Reinvestment projects on an annual basis for timely consideration of the City's annual
budget; subject to City Council approval, City will contribute up to a maximum of $200,000
per year to the Capital Reinvestment effort until all improvements are completed.
4) NMUSD shall under no circumstance cancel City permitted use of its fields. Council
Member Bever seconded the motion for discussion.
Council Member Bever requested the maker of the motion to include direction to staff to
submit alternatives to provide more City -owned and -controlled fields. Council Member
Dixon accepted the inclusion. Additionally, Council Member Bever requested that any
reference to adult soccer organizations be changed to adult sports organizations; Council
Member Dixon was agreeable. Council Member Bever noted that there no mention of
temporary and immediate lighting of fields at The Farm. City Manager Allan Roeder
advised that if the City Council was desirous of installing short-term temporary use of
portable lighting, the Park and Recreation Commission needed to be requested to consider
the matter. Council Members Dixon and Bever agreed to include in the motion to direct the
Parks and Recreation Commission to consider the temporary use of lighting portables at
The Farm. Council Member requested the maker of the motion to consider eliminating
Group 6; Council Member Dixon responded in the negative, opining that adults need the
opportunity to play sports and pointed out that eliminating that Group would not free up any
fields, since they play on Sundays. Council Member Bever stated that with the foregoing
inclusions in the motion, his second would stand.
Mayor Mansoor advised that there were many good points in the motion, but stated that
without the elimination of Group 6 and moving them to Group 4, he had difficulty with
supporting the motion.. He reiterated that there may be no increase in fields as a result, but
there were still the issues of impact to neighborhoods and field recovery, and those
translate into cost issues in keeping the fields up.
Council Member Foley inquired if Council Member Dixon was willing to include in her
motion to direct staff to place a high priority on finding fields; Council Member Dixon said
absolutely and believed it was included already; Council Member Bever responded that he
believed the high priority status was included in the motion by the direction given to staff.
City Manager Allan Roeder offered that he believed the motion provided staff with clear
direction, but cautioned the City Council that there was a need to be pragmatic in balancing
available resources; and investigating potential sites and funding would take sometime.
Council Member Foley clarified that high priority for this matter meant within the next year
as the budget is prepared.
AMENDED MOTION: A vote was taken on the foregoing motion, as amended above.
Council Member Mansoor voted "No". Council Member Monahan absent. MOTION
CARRIED. .
REMAINING AGENDA ITEMS: Mayor Mansoor noted it was after midnight and in
accordance with City Council Policy, the City Council needed to determine if the remaining
agenda items would be continued to the next meeting. City Manager Roeder advised, and
Council Member Dixon concurred, there was no urgency to the Senior Center Board
Appointments; that anyone in the audience who could not return at the next meeting to
address the median islands for Placentia Avenue should be given the opportunity to
present their testimony this date; and action on the request by the Federal Emergency
Management Agency (FEMA) for Hurricane Disaster Assistance was urgent.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Foley,
the City Council determined that the Senior Center Board Appointments would be
continued to September 20, 2005, the Placentia Avenue Median Island Locations and the
Hurricane Disaster Assistance request from the Federal Emergency Management Agency
would be considered this date. Council Member Monahan absent. MOTION CARRIED.
RECESS: Mayor Mansoor declared the meeting recessed at 12:20 a.m.
AFTER RECESS: Mayor Mansoor reconvened the meeting at 12:26 a.m., with all Council
Members present except Council Member Monahan.
PROPOSED MEDIAN ISLAND LAYOUT AND PLANT PALETTE MODIFICATIONS ON
PLACENTIA AVENUE: Parks and Recreation Commission recommendations, with minor
staff revisions for Placentia Avenue, from Wilson Street to the southerly City limits.
Director of Public Services William Morris briefed his agenda report dated August 25, 2005,
noting that the City Council in 2003 had adopted a Citywide median construction priority list
and that construction of the islands on 19th Street were underway and would be completed
by October of this year. Mr. Morris advised that they had met with the affected residents
and businesses on Placentia Avenue about the median improvements and developed a
plan, but that some people were still not in agreement. He referred to the posted plan on
the Council Chambers screen.
Ernesto Munoz, City Engineer, reiterated the process used with the resident and business
community along Placentia Avenue and noted that they were recommending a modification
to the palette to add significantly more color to the median and to modify the standards to
adjust the palette.
Council Member Bever advised that several community members who were impacted by
the previous road construction had contacted him and expressed concern about the
impediment to businesses. He recalled that the road construction project on Placentia
Avenue had been delayed several times due to inclement weather and wanted to know if
the median island project was a simple process.
City Engineer Munoz advised that a lot of the preliminary work for the median project had
already been completed, stubbing for water and electrical, but that the median areas were
not reconstructed in anticipation of the project. He further advised that the project time
would be four weeks per median location. Mr. Munoz stated that the driveways with the
least restricted turning movements were adjusted and the plan modified, so that they were
minimally impacted.
Senior Engineer and Project Manager Fariba Fazeli advised that there were 12 medians
proposed in the layout to be constructed and that those in close proximity to each other
were anticipated to be constructed at the same time. Construction time for all would be
three to four months. Ms. Fazeli pointed out that construction would not require long-term
lane closures, perhaps two days per median.
Council Member Foley reported that she had received several communications about the
project, noting that the concern was not just construction time, but the impact of the
medians themselves on businesses and residences, and asked if parkways had been
considered. Senior Engineer Fazeli advised that the direction to staff was the construction
of medians and although parkways were considered as an alternative, the plan only
included medians.
The Mayor asked if anyone wished to address the Council on the matter. The following
persons spoke:
1. Christine O'Connor, recent property owner, questioned fire truck access and/or
delay into the residential driveways; City Engineer Munoz advised that most of the
medians would not preclude turning movements into the driveways and that the
turning movements would occur from live lanes, as opposed to painted medians.
2. Gil Monick, Costa Mesa property and business owner, stated he believed that the
City should not install medians along Placentia Avenue between Wilson and 16th
Street because the street is too narrow and there are No U -Turn signs at most
signals; expressed concern that they would hamper free flow of traffic attempting to
turn left into businesses and residences and would cause drivers to take side streets
to turn around and return to Placentia Avenue; noted potential for traffic accidents;
and offered suggestions for medians in other areas of the City.
3. Hyun Ku Kang, representing his parents who own a business at 1746 Placentia
Avenue, stated they are concerned that the median will block one-half of their
entrance, that customers will not be able to make a left turn into their business,
resulting in the loss of one-third of their customers; City Engineer Munoz responded
that the median will not preclude left -turn movements into the property.
4. Eileen Sena, Sena Auto Care Care, expressed concern about traffic on Placentia
Avenue, noting that drivers use the left turn lane as a merge lane and with the
medians they will lose that ability; with the medians, drivers will maneuver more U-
turns and may cause more accidents; questioned how much greenery would be
provided in the medians since they have been reduced in size; and requested the
City Council to consider alternatives.
Council Member Dixon pointed out that the City Council's intent was to beautify the West
side of the City by planting trees and shrubs in medians or along parkways, noting that
trees tend to slow traffic; expressed the opinion that there should be more medians than
the 10 percent proposed, 40 to 50 percent more.
Mayor Mansoor questioned what would be involved in time and cost if the design was
referred back to staff. City Engineer Munoz stated design costs would be minimal and
construction costs would escalate depending on the number of medians. Mr. Munoz stated
that further study would take approximately six months. He noted that $480,000 is
currently allocated for the project and that they could look into increasing the number of
medians and landscaping along the sidewalks, as well. The Mayor suggested that owners
be encouraged to voluntarily landscape in front of their properties, thereby reducing the
number of medians required. The City Engineer advised that some of the owners who have
no medians in front of their properties are still opposed to the project. He stated staff could
revisit their public outreach efforts.
In response to Council Member Foley, City Engineer Munoz stated staff would have to look
at the possibility of installing landscaping at intersections, but noted that generally
intersections are fairly busy with traffic signals and equipment boxes on the corners.
In response to Council Member Bever, City Engineer Munoz stated he did not believe there
would be more receptivity, especially if the City were to quadruple the number of medians.
Council Member Dixon voiced the opinion that as elected officials, they had a responsibility
to the whole community to make the City a better place for residents and businesses and
believed that if the City Council did nothing now, five years hence they would be criticized
for it. She stated she understood resistance to change, but the long-term impact of
beautifying the West side of the City would outweigh any inconvenience or resistance.
Mayor Mansoor reinforced the fact that many people have expressed the opinion that they
want the West side improved.
MOTION: On motion by Council Member Dixon, seconded by Council Member Mansoor,
the City Council directed staff to redesign the medians, increasing the amount to 40 to 50
percent landscaped medians.
Council discussion ensued and it was pointed out that Placentia Avenue was different than
Harbor Boulevard, that it could not accommodate 40 to 50 percent of medians, and that
businesses would be detrimentally impacted. The City Council reiterated their commitment
to beautifying the City and it was again suggested that landscaped parkways and
intersections be considered. Mayor Mansoor asked the maker of the motion if she would
accept 20 percent.
Council Member Foley stated she could support the amendment if the 20 percent included
the parkways and wasn't only the medians. Mayor Mansoor stated the amended motion
would stand.
AMENDED MOTION: On motion by Council Member Dixon, seconded by Council Member
Mansoor, the City Council directed staff to redesign the medians, increasing the amount to
20 percent of landscaped medians, to look at the option of landscaping in parkways, and to
encourage existing businesses to landscape their parkways, giving those who do so the
option of retaining a left -turn lane into their business. Council Member Foley voted "No".
Council Member Monahan absent. MOTION CARRIED.
COUNCIL COMMENTS
Council Member Folev
1. Noted that she and Council Member Dixon attended the closing of the Summer
Camp Costa Mesa Event and Barbecue which was a good example of the quality of
recreational programs sponsored by the City; she complimented Recreation staff.
2. Complimented Chief Hensley and the Police Department on their excellent ratings
as reported in The Orange County Register.
3. Reported that the Festival of Children is on-going at South Coast Plaza and noted it
was a fun family event and a great way for non-profit and youth organizations who
help children to interact.
4. Noted the tragic loss of Brian Kapko, son of a family active in community affairs, and
the memorial service held this past weekend; announced that a Brian Kapko
Memorial Fund has been established through the Costa Mesa Federal Credit Union
and encouraged any interested party to support the Fund.
5. Announced that in an effort to provide relief to the families of the hurricane, the City
will partner with the Pajama Program and provide books and pajamas to the children
in the affected areas; encouraged citizens to bring books and new pajamas to City
Hall; advised adult pajamas were also being accepted; with the assistance of South
Coast Plaza, donations will be shipped to New York for truck delivery to the affected
areas; financial donations can be made to www.Daiamaproaram.orq; announced that
Orange County Red Cross Hurricane Relief effort is seeking financial
contributions, as well as volunteer contributions and blood donations.
6. Requested the City Manager to provide an update on the desalination project.
7. Requested a status report on the Sutra issues and how they might be resolved.
8. Expressed appreciation to Peter Naghavi for the prompt attention to graffiti removal
on Caltrans property and noted the lack of action by the County on the Flood Control
property.
9. Referred to the sample action minutes, noting the City Council discussed the Junior
Lifeguard Joint Program, and requested an update on the status of,effort.
10. Relating to Ms. Burciaga's comments earlier in the meeting about increased criminal
activity on 19th Street, requested an update on the increased Police support efforts in
the area.
Council Member Dixon
1. Congratulated Police Chief Hensley and the Police Department on their excellent
ratings and encouraged them to keep up the good work.
2. Expressed appreciation to the Parks and Recreation Commission on the great
Barbecue.
3. Displayed on the Council Chambers screen the websites of three organizations who
are helping victims of Hurricane Katrina and encouraged anyone who could to
financially help the many desperate victims, as well as abandoned or stray animals.
4. Noted she had been contacted by property owners along 19th Street who were trying
to keep their properties cleaned up and was advised that persons who have no
homes were urinating and sleeping on their lawns; requested the City Manager to
report if there was an ordinance prohibiting repeat offenders to returning to areas
where they can get free food and clothing
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Mavor Mansoor
1. Advised that Orange County agencies, city agencies, and police and fire agencies
work and train together to prepare for emergencies; noted organizations and
programs in which the public can participate to be prepared for emergencies; noted
that the public should be prepared to fend for themselves and families for the first 72
hours of a catastrophic emergency; and encouraged the public to attend classes or
get the necessary emergency information to insure they will be prepared.
REPORTS
Citv Attornev: None
Citv Manaaer:
1. Federal Emeraencv Manaaement (FEMA) reauest for Hurricane Katrina Disaster
Assistance: Mr. Roeder briefed the Supplemental Staff Report dated September 1, 2005
from the Deputy Fire Chief. He advised that the City had received a request from FEMA to
provide assistance from the Fire Service in response to Hurricane Katrina. He advised that
Risk Management and Human Services have the FEMA proposal to insure it is consistent
with adopted City rules and regulations. Mr. Roeder advised that the City is in a position to
add their name to the list of agencies who could participate in the relief effort assisting
people in the affected Gulf States area.
City Manager Allan Roeder advised that the City's Emergency Disaster Coordinator was on
her way to the Hurricane area and would be working in a shelter facility, gaining live
experience that will benefit our community in terms of training for an emergency. Mr.
Roeder stated that it was his intent to bring to the Orange County City Managers Group's
attention the issue of what the County as a whole could do to assist Hurricane victims in
terms of housing, food, and long term care for refugees from the South. Mr. Roeder
advised that Chief Ellis was also present to answer any questions.
MOTION: On motion by Council Member Mansoor, seconded by Council Member Dixon,
the City Council authorized the City Manager to release personnel as requested, up to two
two -member teams, to assist with Hurricane Katrina relief efforts, and location conditions
permit. Council Member Monahan absent. MOTION CARRIED.
ADJOURNMENT: The Mayor declared the meeting adjourned at 1:20 a.m., to the next
Regular Meeting to be held September 20, 2005.
Respectfully submitted,
JULIE LCIK, CITY CLERK
Approved: July 5, 2006
2C�. MANSOO6, MAYOR