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HomeMy WebLinkAbout01/19/1998 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 19, 1998 The City Council of the City of Costa Mesa, California, met in regular session January 19, 1998, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Erickson, and invocation by Dr. James T. Bradford, Newport - Mesa Christian Center. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris 1 1 Community Services Director Keith Van Holt Personnel Services Director Steve Hayman Budget & Research Officer Carol Jacobs Associate Planner Kim Brandt Police Officer Chris Walk Deputy City Clerk Mary Elliott i MINUTES i On motion by Council Member Erickson, seconded by Council December 22, Member Somers, and carried 5-0, the minutes of the Special 1997 and January meeting of December 22, 1997, and the regular meeting of 5, 1998 January 5, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. RECOGNITION Mayor Buffa recognized Jim Ferryman and Ed Decker, Board Members of the Newport -Mesa Unified School District. PRESENTATION Mayor Buffa presented a "Key to the City" to Sandy Begg, Presented "Key to representing the Department of Education, Victoria, Australia. the City" to Costa Ms. Begg explained that Costa Mesa's Sister City, Wyndham, Mesa's Sister City Australia, would like to establish a short term Educators' Education Repre- Exchange Pro.gram between the Wyndham School District and sentative the Newport -Mesa Unified School District in order to broaden broth the educational and cultural experiences of educators on both sides of the Pacific. r 1 1 285 ORAL COMMUNI- Bob Carrico, 2700 Peterson Place, Costa Mesa, objected to CATIONS/ the City's spending $115,000.00 for the Santa Ana River Bridge Study Crossing (SARX) Study to investigate alternatives for the 19th Street and Gisler Avenue bridges. Robert Graham, 3260 Dakota Avenue, Costa Mesa, believed that the 19th Street and Gisler Avenue bridges should be discussed as separate issues when the Santa Ana River Crossings (SARX) Study is conducted. He felt that the 19th Street bridge would be a benefit for the City as opposed to having a bridge on Gisler Avenue. Mayor Buffa explained that the SARX Study will determine the traffic impacts if the 19th Street and/or the Gisler Avenue bridges are removed from the Orange County Master Plan of Arterial Highways. Releaf Costa Mesa Liz Meyer, 1656. Iowa Street, No. D, Costa Mesa, representing Releaf' Costa Mesa, presented the Mayor with a check for $7,247.78 which is being" reimbursed to the City from Department of Forestry grant funds for the trees that were planted in 1997. Enforcement of John Bankel, resident of the Costa Mesa Motor Inn, 2277 Motel Ordinance Harbor Boulevard, Costa Mesa, reported that there are several families residing at the motel who will be greatly affected by the enforcement of the City's Ordinance 97-7 which requires that they move out of the motel after a 28 -day stay. He asked that Council reconsider the immediate enforcement of the ordinance or grant an extension of time in order for families to locate suitable, affordable housing. Additional comments on the enforcement of Ordinance 97-7 were provided by the following residents of the Costa Mesa Motor Inn: Mary Jones, Cynthia Mena, Michael Wayne Placker, and Christine Bankel. Mayor Buffa responded that the City has had to deal with many health and safety issues with the motels due to the fact that they are not designed to be permanent residences. The City Manager replied to a question from Mayor Buffa, stating that the City did not do a study pertaining to the impacts of this ordinance; however, an extensive analysis was conducted on the crime problems associated with several of the motels where there is long-term occupancy. Mayor Buffa asked that the owners and operators of the motels be made aware of the agencies that provide people with shelter assistance. In response to a question from Mayor Pro Tem Monahan, the City Attorney explained that when this ordinance was written, the issue of tenant rights was addressed and there are specific provisions that prohibit a motel/hotel operator from violating tenant rights. He also stated that this ordinance is constitutional and can be enforced. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Somers, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER i i Th;e following processed:. Reading Folder items were -received and Claims Claims received by the Deputy City Clerk: Martin Arellano; Robert Coluccio; Mr. & Mrs. Gordon Dennis; John Edward Dunn; John B. George, et. al; Jose Hernandez; Gissele Mendez; Laura Mendez; Ray Stephens Automotive, Inc.; Candelaria Valencia; and Don Wishon. Alcoholic Beverage j Alcoholic Beverage Control (ABC) License Requests: Control (ABC) Licenses Newport Rib (formerly Sizzler's), 2196 Harbor I Boulevard, for an original Type 47 ABC license (on -sale general for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant j Warrant Resolution 1675, funding City operating expenses 1675 in the amount of $661,684.09. Approved Warrant !Warrant Resolution 1676, funding -City operating expenses 1676/Payroll 9801 in the amount of $453,944.21; and Payroll 9801 for $1,517,584.17. ADMINISTRATIVE I Resolution 98-4 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 98-4, AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO FILE Emergency APPLICATION WITH THE CALIFORNIA OFFICE OF Services EMERGENCY SERVICES, for the purpose of obtaining, certain Federal disaster assistance. Staff Directed to Staff was directed to negotiate with qualified contractors to Negotiate with Furnish and Install Energy Retrofit at City Facilities, Project Contractors for No. 97-20, for an amount not to exceed $52,200.00; and the Energy Retrofit, City Manager was authorized to execute the Public Works Project No. 97-20 Agreement. I Adopted Resolution Resolution 98-5 was adopted: A RESOLUTION OF THE CITY 98-5, Taxpayers COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN Protection OPPOSITION TO THE GOVERNMENT COST SAVINGS AND Amendment TAXPAYERS PROTECTION AMENDMENT. Next Item Taken Mayor Buffa announced that City Attorney's Report No. 2 Out of Order would be taken .out of order and presented at this time. - CITY ATTORNEY'S City Attorney's Report No. 98-2 continued from the meeting REPORT/Injunction ofd January, 5, 1998, regarding injunction against criminal Against Criminal street gang members, was presented. Police Officer Walk Street Gang reported that the Gang Investigations Unit has identified Members certain individuals who are currently active as gang members within the City; and three gang members from the State Street/Paularino Avenue area are currently in custody at the Orange County Juvenile Hall and will be there for several months. j Responding to a question from Council Member Cowan, the Ci',ty Attorney explained that the City's level of gang activity does not warrant the injunction process because the Police Department has been able to control the gang problem. No action was required by Council. i i 1 1 PUBLIC HEARING The Deputy City Clerk announced that this was the time and 1997-98 User place set for the public hearing to consider 1997-98 User Fees and Charges Fees and Charges: from the meeting of January 5, 1998, second reading and adoption of Ordinance 98-1, authorizing new user fees; and a resolution establishing and adopting schedules of rates, fees, -and charges for services by the City. The Affidavit of Publication is on file in the City Clerk's office. No communications were. received. The Budget & Research Officer reviewed the Agenda Report dated January 6, 1998. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded Ordinance 98-1; by Council Member Cowan, and carried 5-0, to take the and Adopted following action: Resolution 98-6 Ordinance 98-1, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2-450 OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE TO AUTHORIZE NEW USER FEES, was given second reading and adopted; and Resolution 98-6, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES, FOR SERVICES BY THE CITY OF COSTA MESA, was adopted. RECOGNITION Mayor Buffa recognized Fred Bockmiller, Mesa Consolidated Water District Board of Directors, who was in attendance. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA -97- place set for the public hearing to consider an appeal of 53, Westar Condition of Approval No. 1 imposed by the Planning Nutrition Commission in conjunction . with approval of Planning Application PA -97-53 from LSA Associates, Inc., One Park Plaza, Suite 500, Irvine, authorized agent for Westar Nutrition Corporation, 1239 Victoria Street, for a conditional use permit to allow manufacturing of vitamins and dietary food supplements at the above address in an MG zone. Environmental Determination: Negative Declaration. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. The following communications were received: A letter from LSA Associates, Inc., One Park Plaza, Suite 500, Irvine, representing Westar Nutrition Corporation, 1239 Victoria Street, Costa Mesa, outlining six reasons why Condition of Approval No. 1 should be modified; William E. Coburn, 1180 Gleneagles Terrace, Costa Mesa, supporting a two-year approval for the Conditional Use Permit as recommended by the Planning Commission; Lloyd W. and Lucille E. Kramer, 1170 Gleneagles Terrace, Costa Mesa, supporting the two-year approval for the Conditional Use Permit as recommended by the Planning Commission; Larry and Pam Marshburn, 2107 Valley Road, Costa Mesa, requesting Council to uphold the decision of the Planning Commission; Sid and Madge Thomson, 1174 Gleneagles Terrace, Costa Mesa, requesting Council to support the two- year time limit for the Conditional Use Permit; Olive M. Maxwell, 1144 Gleneagles. Terrace, Costa Mesa, objecting to 28% i Westar continuing their manufacturing process at its present location; Terrance E. Douglass, 1149 Sea Bluff Drive, Costa Mesa, listing nine items of concern to the neighbors in connection with the Westar operation; and a petition containing 69 signatures of residents in the Marina Highlands ariea listing niner items of concern in connection with the Westar operation. The Deputy City Manager reviewed the Agenda Report dated December 31, 1997. In; response to -a question from Mayor Pro Tem Monahan, the Deputy City Manager stated that if the applicant did withdraw the application for manufacturing on this property, the City could then determine that this use is not legal, and manufacturing operations would have to cease. Frank Haselton, LSA Associates, Inc., One Park Plaza, Suite 500, Irvine, Land Use Planner retained by Westar, stated that Westar is in agreement with the 21 conditions of approval that the Planning Commission imposed and believes that the conditional use permit should have been approved without the two-year time limitation contained in Condition of Approval No. 1. He felt that Westar should be allowed to continue with their. manufacturing operation since they did pursue the conditional use permit process. Mr. Haselton responded to a question from Mayor Pro Tem Monahan by stating that five years would be more reasonable than two years. Terrance E. Douglass, 1149 Sea Bluff Drive, Costa Mesa, stated that the chemicals and substances utilized in the manufacture of the products by Westar has been a major concern; and he supported the two-year time limitation that has been set forth by the Planning Commission. Sid Thomson, 1174 Gleneagles Terrace, Costa Mesa, explained that the surrounding residents have suffered for the past six years from air and noise pollution, and hazardous material storage risks produced by Westar's facility. He requested that Westar's two-year time limitation be shortened for the manufacture, research, and development operations. Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, objected to Westar's noncompliance with City Codes since 1991. Sean O'Connor, of .Sheppard, Mullin, Richter & Hampton, LLP, 650 Town Center Drive, Costa Mesa, attorney representing Westar, stated that manufacturing has been done at this facility since 1991, and it would be unreasonable for the City to ask Westar to revert to strictly packaging. Mr. O;'Connor responded to a question from Mayor Buffa by stating that Westar leased a 45,000 -square -foot facility in Santa Ana where the soft gel manufacturing equipment is located; however, that location is not large enough for both manufacturing operations. Mr.. Haselton reaffirmed that the purpose for the conditional use permit process was to establish conditions, and to address concerns of .the neighbors, such as, toxic fumes, hazardous materials, and emissions. Mfr. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, second by Resolution 98-7,, Council Member Cowan, to adopt Resolution 98-7, A Upholding the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Planning Com- COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL mission's Decision USE PERMIT PA -97 -53; -upholding the Planning Commission's decision by retaining the two-year time limitation, commencing immediately. Mayor Buffa opposed the motion because he felt that there would be more cooperation from the applicant and more consideration for the neighbors' concerns if a time limit for the conditional use permit were eliminated. Mayor Pro Tem Monahan opposed the motion because an extension of time is not permitted after the two-year period. The motion carried 3-2, Council Members Buffa and Monahan voting no. PUBLIC HEARING The Deputy City Clerk announced that this was the time and GP -97-02A and place set for the public hearing to consider General Plan Rezone R-97-07, Amendment GP -97-02A and Rezone Petition R-97-07, City of City of Costa Mesa Costa Mesa, to change the land use designation at 1239 Victoria Street from Light Industry to Medium Density Residential or Neighborhood Commercial, and to rezone from MG (General Industrial) to R2 -MD (Multiple -Family Residential - Medium Density) or AP (Administrative and Professional). Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Associate Planner summarized the Agenda Report dated January 8, 1998. Sean O'Connor, of Sheppard, Mullin; Richter & Hampton, LLP, 650 Town Center Drive, Costa- Mesa, stated that Westar believes that there is no need to rezone the property since there are 22 conditions regulating the use of the property; however, if the property were rezoned, Westar preferred the AP (Administrative and Professional) designation. Gene Chai, 1190 Gleneagles Terrace, Costa Mesa, urged Council to rezone the property to R2 -MD (Multiple -Family Residential - Medium Density). There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-8 Member Somers, and carried 5-0, the following action was Adopting GP -97- taken: 02A The Negative Declaration of Environmental Impact was adopted; and Resolution 98-8 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -97-02A AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, changing the land use designation to Neighborhood Commercial. • .y Gave Ordinance 98-2 First Reading Ordinance 98-2 was given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 1239 VICTORIA STREET FROM MG TO AP BY ADOPTION OF REZONE PETITION R-97-07. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of Planning place set for the public hearing to consider an appeal of the Application PA -97- Planning Commission's decision for Planning Application PA - 54, Coleman 97-54 from Kevin A. Coleman, 1880 Maui Circle, Costa Mesa, approving a minor conditional use permit for excess garage area (700 square feet allowed, 900 square feet proposed) to allow expansion of an existing garage; but, denying a variance from side setback requirements (5 feet required, 0 feet proposed), located at the above address in an R11 zone. Environmental Determination: Exempt. The Affidavits of Mailing -and Publishing are on file in the City Clerk's office. No communications were received. The Deputy City Manager summarized the Agenda Report dated January 9, 1998.' i Kevin A. Coleman, 1880 Maui Circle, Costa Mesa, stated that the neighbor adjacent to his home and who would be most affected by this change has no problems with the expansion. He explained that his irregularly shaped lot restricts his ability to make the garage site compatible. Mr. Coleman added that the expansion of his existing garage would not create any difficulty or hardship on his neighbors. Rob Green, 3091 Java Road, Costa Mesa, stated that he and Mr. Coleman have worked together to address the issues that may be of concern, and supported the garage expansion. There being no other speakers, the Mayor closed the public hearing. i MOTION/Adopted A; motion was made by Council Member Somers, seconded Resolution 98-9, by; Mayor Pro Tem Monahan, and carried 4-1, Council Approving Member Erickson voting no, to reverse the Planning PA -97-54 Commission's decision by adopting Resolution 98-9, A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF COSTA MESA, CALIFORNIA, APPROVING THE MINOR CONDITIONAL USE ' PERMIT AND THE VARIANCE FOR PLANNING APPLICATION PA -97-54, based on the finding that special circumstances exist because of the lot size, width, and topography of the property. Mayor Pro Tem Monahan commended both the applicant and his neighbor for working together on this application-. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. i OLD BUSINESS The Deputy City Clerk presented from meeting of December Equestrian Use, 15, 1997, equestrian access, fencing, and Bark Park location Fencing, and Bark at Fairview Park: Park Location at Fairview Park Develop "joint use" trails if separate equestrian trails I cannot be provided. 1 2J -L Locate a 3.75 -acre dog park as shown in DP -3. Install fencing with the provision that an annual report be provided so Council can decide when nonessential fencing is to be removed. Two communications were -received from Thomas R. Egan, "Don't Fence Us Out" -Committee, 1103 Mesa Bluffs Drive, Costa Mesa, one letter urging Council to assure the public that . the fences are . .a . temporary measure; and one letter suggesting that there .is evidence that fences are not needed. The Community Services Director reviewed the Agenda Report dated January 14, 1998, and pointed out that "joint use" trails would not ,be placed throughout the park, but only for the trail that, includes an equestrian access to the Santa Ana River Trail. Responding. to a question from Mayor Buffa, the Community Services Director stated that the City's consultant recommended that fences be placed at the vernal pools, and along the bluffs in order to control the erosion that is occurring. Karl Hawley, 3624 "B" South Main Street, Santa Ana, said that he rarely sees mountain bikes on the edge of the bluffs. He believed that fencing installed at the edge of the bluffs will cause damage to the gliders flown at that site. Mark Harris, 917 Tanana Place, Costa Mesa, member of the Parks, Recreational Facilities, and Parkways Commission, believed ..that "DP -3" is an appropriate location for the Bark Park, and suggested that Releaf Costa Mesa and the Bark Park Volunteer Committee combine their efforts to plant trees at that location. Jim Collura, 2293 Pacific Avenue, Costa Mesa, opposed any fencing. Peggy Toledano, 3165 Gibraltar Avenue, Costa Mesa, member of the Bark Park Volunteer Committee, thanked Council for reinstating the Bark Park into the Fairview Park Master Plan. She mentioned that the Bark Park Volunteer Mayor Pro Tem Monahan asked if the erosion was significant enough to warrant fencing. The Community Services Director stated that a considerable amount of erosion on the edge of the bluffs. is caused by burrowing critters; however, the consultant believes the erosion is actually caused by pedestrians and mountain bikes. Richard Mehren, 1824 Kinglet Court, Costa Mesa, stated that there is major erosion occurring on the northern and southern ends of the bluffs caused by heavy pedestrian traffic and mountain bikes, not animals. He supported the recommendation for the Bark Park location, and felt that "joint use" trails throughout the park was not practical. Patt Bell, 336 East 20' Street, Costa Mesa, member of the Bark Park Volunteer Committee, felt that "DP -3" was an excellent location. Karl Hawley, 3624 "B" South Main Street, Santa Ana, said that he rarely sees mountain bikes on the edge of the bluffs. He believed that fencing installed at the edge of the bluffs will cause damage to the gliders flown at that site. Mark Harris, 917 Tanana Place, Costa Mesa, member of the Parks, Recreational Facilities, and Parkways Commission, believed ..that "DP -3" is an appropriate location for the Bark Park, and suggested that Releaf Costa Mesa and the Bark Park Volunteer Committee combine their efforts to plant trees at that location. Jim Collura, 2293 Pacific Avenue, Costa Mesa, opposed any fencing. Peggy Toledano, 3165 Gibraltar Avenue, Costa Mesa, member of the Bark Park Volunteer Committee, thanked Council for reinstating the Bark Park into the Fairview Park Master Plan. She mentioned that the Bark Park Volunteer Committee would like to be involved in the final detail I lanning of the Bark Park so that certain situations that have occurred at the existing Bark Park can be addressed. Mark Willhoit, 1097 Mesa Bluff Drive, Costa Mesa, supported the Bark Park and equestrian trails; however, opposed any fencing. Nancy Corcorran, 2165 Canyon Drive, Costa Mesa, preferred no fencing, and encouraged Council to approve the equestrian access across Fairview Park as part of the Fairview Park Master Plan. i Bob Donnelly, 2788 Waxwing Circle, Costa Mesa, agreed with the "DP -3" location for the Bark Park and suggested that it be closed on the third weekend of each month to alleviate damage to the grass. i Steve Brenner, 1920 Swan Drive, Costa Mesa, felt that Fairview Park should be left in its natural. state. Tom Egan, 1103 Mesa Bluff Drive, Costa Mesa, stated that fencing should be deleted from the Master Plan since there is not enough evidence that fences are warranted, and believed that mother nature has caused all the erosion on the bluffs and not human activity. i i Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that the erosion on the bluffs is one of the most critical issues that needs to be controlled, and suggested that the Bark Park be located at a more appropriate site. Edna Hood, 2235 Canyon Drive, Costa Mesa, opposed any fencing on the bluffs. Kenny Field, 1095 Mesa Bluff Drive, Costa Mesa, objected to fencing on the edge of the bluffs. Leroy Taube, 1605 Minorca Drive, Costa Mesa, recommended fencing around the Bark Park. Jeff Kline, 227 Pacific Avenue, Costa Mesa, stated that mountain biking disrupts the nature processes at the park and supported the fencing. John Feeney, 1154 Dorset Lane, Costa Mesa, was opposed to any fencing in the park. i Charles Gardner, 2,191 Pacific Avenue, Costa Mesa, opposed the fencing, but supported the equestrian trail. Joshua Ryan, 2719 Gannett Drive, Costa Mesa, was opposed to any fencing in the park. MOTION/Approved A motion was made by Council Member Erickson, seconded "Joint Use" Trail by Council Member Somers, to approve the development of a "joint use" trail providing access for equestrians utilizing the trail they have traditionally used for an access trail. 1 1 Council Member Erickson clarified that the intent of his motion was to approve a recreational trail which would not need to be a separate equestrian trail but a recreational trail as recommended by staff. The City Manager noted that staff will need to bring back plans for the various stages of improvements for Council approval. He added that Council can give more specific directions to staff when the plans are brought for Council review. The motion carried 5-0. MOTION/Approved A motion was made by Council Member Erickson, seconded "DP -3" Dog Park by Council Member Somers, and carried 5-0, to approve site Location "DP -3" for the Dog Park and to direct staff to work with the Model Engineers, the Bark Park Volunteer Committee, and Releaf Costa Mesa, to provide specific recommendations. Mayor Buffa recommended that balls from the Golf Course be considered for placement of trees when specific designs have been established for the Dog Park. MOTION/Approved A motion was made by Council Member Cowan, seconded by Installation of Council Member Somers, and carried 5-0, to approve Trail Delineators installation of trail delineators, to be as minimal as allowed by the mitigation factors, liability issues, and so forth with the provision that they be reviewed annually at a public hearing by the Parks, Recreational Facilities, and Parkways Commission, and removed as appropriate. Council Member Erickson supported the idea of limited fencing because City and grant funds would be wasted if the plants were not allowed the opportunity to survive. MOTION A motion was made by Council Member Cowan, seconded by -Committee Council Member Erickson, and carried 5-0, directing staff to Organizational provide a committee organizational structure for Council Structure review in 30 days, so that a committee can be established to Scheduled for work with the Bark Park Volunteer Committee, Releaf Costa February 17, 1998 Mesa, and the Model Engineers, to identify sources of funding. Mayor Buffa supported the motion; however, he did not want to have another committee who would duplicate the efforts of the Fairview Park Advisory Committee and the Parks, Recreational Facilities, and Parkways Commission. OLD BUSINESS The Deputy City Clerk presented the 1997-98 Community 1997-98 Com- Objectives, Second Quarter Report. The Budget and munity Objectives Research Officer summarized the Agenda Report dated January 8, 1998, noting that 98-1310, Parcel "A", and 98- 628, Tot Lot Improvements, have been completed and will be removed from the Third Quarter Report. She added that 98- C6, Liquor Sales, and 98-C7, Without Using City Funds, Work with Newport -Mesa Unified School District to Retain Neighborhood Programs at Rea Center Even if the School is Reopened, will not be reported on a quarterly basis. 293 294 Council Member Erickson suggested that Council present their 1998-99 Community Objectives at a .future City Council Study Session. 1 MOTION/Reviewed A motion was made by Council Member Erickson, seconded and Approved the by Council Member Cowan, and carried 5-0, to review and Report approve the report. a Council Member Somers requested that the Trauma Intervention Program (TIP) be included in the Community Objectives. The Budget & Research Officer replied that this item could be listed as No. 3 to objective 98-135. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss City of for Closed Session; Costa Mesa v. Willdan & Associates, Orange County Superior City v. Willdan & Court Case No. 76-53-79. Mayor Buffa announced that Associates closed session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager presented a report on general leave for REPORT/General part-time classifications. The Personnel Services Director Leave for Part- summarized the Agenda Report dated December 30, Time Employees 1997. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Revised Council by Council Member Cowan, and carried 5-0, to approve Policy 300-4 revised Council Policy 300-4, Part-time Employees Benefit Program. CITY MANAGER'S The Personnel Services Director presented Management REPORT/ Compensation: Management Compensation Resolution revising the pay ranges for executive job classifications to reflect the established labor marketplace. Budget Adjustment No. 98-39 for $91,300.00. Ordinance amending Chapter VI of Title 2 of the Costa Mesa Personnel System of the City of Costa Mesa. Amended Council Policy 300-2 to include Department Heads in the Severance Policy. The Personnel Services Director summarized the Agenda Report dated December 29, 1997, noting the following changes in the ordinance as reflected in the Agenda Report: Page 29, Line 2, by replacing the (c) with a Jb "The City Manager, City Attorney and City Treasurer"; and Page 36, Section 2-228, amend Line 4 to read, to include "employee organization, ethnic or geographical origin or race, sex, sexual orientation, disability, or for any other unlawful reason". I The Personnel Services Director responded to a question from Council Member Erickson by explaining that the City's 2 percent at age 55 retirement policy is not directly related to any of the items listed under Management Compensation, and that Council will have the opportunity to review that issue in tlhe Spring of this year. i 1 1 1 , MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 98-10 Member Somers, and carried 5-0, Resolution 98-10 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR EXECUTIVE JOB CLASSIFICATIONS TO REFLECT THE ESTABLISHED LABOR MARKETPLACE. Council Member Erickson stated that he would be supporting this resolution; however, he will not be supportive of the City's 2 percent at age 55 retirement policy. MOTION/Approved A motion was.made by Council Member Cowan, seconded by Budget Adjustment Council Member Somers, and carried 5-0, to approve Budget No. 98-39 Adjustment No. 98-39 for $91,300.00. MOTION/Ordinance On motion by Council Member Cowan, seconded by Council 98-3 Given First Member Somers, and carried 5-0, Ordinance 98-3 was given Reading first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VI OF TITLE 2 OF THE COSTA MESA PERSONNEL SYSTEM OF THE CITY OF COSTA MESA, with the changes as stated above. MOTION/Approved A motion was made by Council Member Cowan, seconded by Revised Council Council Member Erickson, and carried 5-0, to amend Council Policy 300-2 Policy 300-2 to include Department Heads in the Severance Policy. ANNOUNCEMENT Mayor Buffa announced that the United States Small Business Small Business Administration (SBA) has issued a disaster declaration as a Administration result of damage due to flooding and mudslides on December Disaster 6, 1997; and low-interest loans are available to homeowners, Declaration renters, and businesses of all. sizes whose property was damaged during this disaster. He advised that loan applications can be obtained at the Neighborhood Community Center-, 1845 Park Avenue, Costa Mesa, on Wednesdays, Thursdays, and Fridays, from 9:0.0 a.m. to 5:00 p.m., through March 13, 1998, and the SBA can be reached at 1- 800-488-5323. - COUNCIL Council Member Somers congratulated Tom Warnack and Jim COMMENTS Watson on being chosen Police Captains; and thanked retired Congratulated Captains Dave Brooks and Rick Johnson for their years of Police Captains; dedicated service to the City. She encouraged the citizens of Community Costa Mesa and the press to review the Council's quarterly Objectives Community Objectives which are goals the Council strives to accomplish. Police Captains Mayor. Buffa also congratulated newly promoted Police Captains Warnack and Watson; and thanked retired Police Captain Dave Brooks and Rick Johnson for their outstanding service to the City. ADJOURNMENT At 10:05 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room A to discuss the item SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:10 p.m., and the RECONVENED action taken during closed session was announced. i i I MOTION Regarding the City of Costa Mesa v. Willdan & Associates, by Authorized Settle- a vote of 5-0, Council authorized settlement as recommended Ment iin the City Attorney's confidential memorandum dated January 2, 1998. ADJOURNMENT The Mayor declared the meeting adjourned at 10:15 p.m. i i I k4yci of th4 City of Costa Mesa \& ATTEST: I Deputy City C rk of the City of Costa Mesa 1 1