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HomeMy WebLinkAbout06/18/2001 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 18, 2001 The City Council of the City of Costa Mesa, California, met in regular session June 18, 200,1, 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 Mayor Cowan, commentary on Freedom Day and City Incorporation (June 29, 1953) by Robert Wilson, and invocation by the Reverend Barbara Stewart, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Libby Cowan Mayor Pro Tem Linda Dixon Council Member Gary Monahan Council Member Karen Robinson Council Member Chris Steel Council Members Absent Officials Present: None City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Finance Director Marc Puckett Senior Planner Willa Bouwens- Killeen Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Dixon, seconded by Mayor Cowan, June 4, 2001 and carried 5-0, the minutes of the regular meeting of June 4, 2001, were approved as distributed. ORDINANCES AND RESOLUTIONS A motion was made b Mayor Pro Tem Dixon, resolutions by title only. Council Member Monahan, seconded by and carried 5-0, to read all ordinances and PRESENTATION Mayor Cowan, Council Member Robinson, and John Rule, Human Relations chairman of the Costa Mesa Human Relations Committee, Essay Contest recognized winners of the committee -sponsored essay contest, presenting a letter of congratulations, a certificate of achievement, and an award check to first place winner Robyn Weber; second place winner Dana Stenhard; and third place winner Thu Pham, all seniors at Costa Mesa High School. ANNOUNCEMENT Mayor Cowan announced that due to the lateness of recent Council meetings, she is interested in instituting a card/sign-in system and limiting Public Comments to ten speakers, beginning in July, 2001. PUBLIC COMMENTS Ralph P. Morgan, Jr., 206 East 15th Street, Costa Mesa, addressed John Wayne Airport the Environmental Impact Report (EIR) for John Wayne Airport, Expansion Alternative F, which indicates a potential increase in the annual number of passengers to 14 million by 2005. He provided a picture illustrating the revised takeoff pattern which encompasses Costa Mesa and Newport Beach. He commented that Alternative G to the EIR suggests that the airport could be expanded by another 700 acres. 1 1 1 John Wayne Airport Margaret Morgan, 206 East 15th Street, Costa Mesa, encouraged Expansion Council to represent Costa Mesa responsibly by supporting the construction of an airport at EI Toro Marine Corps Air Station. Public Opinion Polls Norm Westwell, 17171 Englewood Circle, Huntington Beach, opposed restricting Public Comments, and proposed that the matter be reconsidered. He reported on a website which allows the public to post polls regarding important issues, www.modernpublic.com. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, suggested that the City close the Costa Mesa Job Center, 1679 Placentia Avenue,- stating that keeping it open for illegal aliens is a felony. He complained about the produce trucks in his neighborhood, and requested action on the gang ordinance. Pierce Street Annex Robert Graham, 3260 Dakota Avenue, Costa Mesa, announced Fund Raiser that an article in the Sunday, June 17, 2001, edition of the Daily Pilot reported that the Pierce Street Annex is holding a fund raiser on June 18th to raise monies for the beautification of East 17th Street. He complained about government funds being lost due to the City's choice of options for this street. Mayor Cowan responded that the Federal monies could only have been obtained should the street have been widened to six lanes. Public Comment Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, objected to Council stifling Public Comments, suggesting that in order to shorten the meetings Council Comments could be placed at the end of the agenda, honors and awards could be handled separately, or Public Comments could be split, with 10 speakers at the beginning of the meeting and the balance at the end. Robin Leffler, 3025 Samoa Place, Costa Mesa; Jay Humphrey, 1620 Sandalwood Street, Costa Mesa; Paul Bunney, Post Office Box 11024, Costa Mesa; and Tom Egan, 1893 Parkview Circle, Costa Mesa, concurred with the previous statements regarding the limitation of Public Comments. Mr. Humphrey objected to construction of the bridges at 19th Street and Gisler Avenue, stating that permitting the bridges would not benefit the City. The Public Services Director advised that the Santa Ana River Crossings (SARX) Study EIR has been released by the Orange County Transit Authority (OCTA) and is available for public review in their offices. He noted that the times and dates of public meetings will be announced. Mr. Egan showed pictures which compared Novato, California, to Costa Mesa. West Side Trash Eleanor Egan, 1893 Parkview Circle, Costa Mesa, remarked on a photograph she had presented to Council last year which illustrated trash problems at 1846 Placentia Avenue, and provided a current photo of the same site which indicated that no improvements were made. She stated that the City's Code Enforcement efforts to date were a "good start". Mrs. Egan indicated that she had traveled the west side and taken more pictures which prove her point. Sonora School Ed Keene, 2777 Lorenzo Avenue, Costa Mesa, asked the identity Parking of the Council liaison to the Newport -Mesa Unified School District, suggesting that the subject of adequate parking for the persons at Sonora School be addressed. Mayor Cowan replied that Mayor Pro Tem Dixon and Council Member Robinson are the liaisons, and will pursue this issue with the Board. Pierce Street Annex Alicia Berhow, 332 Cabrillo Street, Costa Mesa, asked Council to revoke the license of the Pierce iStreet Annex, suggesting that they be relocated to another area. Brian Smith, 332 Cabrillo Street, Costa Mesa, concurred with his daughter's comments as noted above. He stated that Pierce Street Annex is not a good neighbor and is not an asset to the community. Derek Berhow, 2300 Fairview ' Road, Costa Mesa (previously a resident at 332 Cabrillo Street, Costa Mesa), added his negative comments regarding the Annex.; Sutton Comments Doug Sutton, 2739 Canary Drive, Costa Mesa, decried the animosity demonstrated by the public, and encouraged a desire to improve the City by positive solutions. He proposed fighting for greater diversity, more owner -affordable housing, better schools, etc. Dan Perlmutter, 450 Newport Center Drive, Newport Beach, representing the East 17th Street Merchants and Community Association, reported on a special Christmas celebration, the "Christmas Walk", to be celebrated this year. He reported that the event would include an outdoor'display of goods and a tree lighting ceremony. He suggested that the City consider becoming involved. Mayor. Cowan suggested that the association prepare a proposal for consideration. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No, 10, Appoint two members to the subcommittee for the Home Ranch Development Agreement. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Except Item No. 10 Tem Dixon, and carried 5-0, the;remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Elaine Christin Kaspar; Amy and Wendy Leece; Dawn Menchaca; and Manuel Valencia Rios. ABC Licenses Alcoholic Beverage Control (ABC) License requests from: Santa Monica Seafood Company, 154 East 17th Street, for an original Type 41 ABC license (on -sale beer and wine). Fukamoto Enterprises USA, Inc., for Sushi Restaurant Fukamoto, 2263 Fairview Road, Suite J, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1852, funding City operating expenses for 1852 $258,539.71. Approved Warrant Warrant Resolution 1853, funding Payroll 112 for $1,723,351.12 1853/Payroll 1.12 and City operating expenses for $1,669,056.62, including payroll deductions. 1 ADMINISTRATIVE Street improvements at 3067 Bristol Street were completed to the ACTIONS/Accepted satisfaction of the Public Services Director by Tait Environmental Work by Tait for Management, Inc., 701 North Parkcenter Drive, Santa Ana, in 3067 Bristol, EP connection with Encroachment Permit No. PS00-00462 (PA -99- 00-00462 (PA -99-49) 49). The work was accepted, and refund of $10,060.75 cash deposit was approved Approved Agreement Agreement No. SA -100-011E was approved with the 32nd District SA -100-011E with Agricultural Association, for an amount not to exceed $24,000.00, 32nd District Agri- for the City to provide and coordinate traffic management services cultural Association during designated interim events at the Orange County Fair and for Traffic Manage- Exposition Center from April 28 through December 31, 2001; and ment Services the Police Chief was authorized to sign on behalf of the City. Approved Agreement Agreement No. SA -112-01 F was approved with the 32nd District SA -112-01 F with Agricultural Association, for an amount not to exceed $120,000.00, 32nd District for for the City to provide traffic management services at the 2001 2001 Orange County Orange County Fair from July 13 through July 29, 2001; and the Fair Traffic Manage- Police Chief was authorized to sign on behalf of the City. ment Approved Agreement An agreement was approved with Public Safety Consultants, Inc., with Public Safety 19415 Southeast 409th Street, Enumclaw, Washington, for Consultants to Re- $75,895.00, to conducta review and analysis of the existing public view Computer safety computer system; and the Mayor and Deputy City Clerk System were authorized to sign on behalf of the City. Approved Agreement An agreement was approved with PRC Public Sector, Inc., 1500 with PRC for Compu- PRC Drive, McLean, Virginia, for $98,834.10, to provide computer ter Maintenance and software and hardware maintenance and recover -all computer Recover -all Coverage equipment coverage from July 1, 2001, through June 30, 2002; and the Mayor was authorized to sign on behalf of the City. Approved Agreement An agreement was approved with Hogle-Ireland, Inc., 5 Corporate with Hogle-Ireland Park, Suite 160, Irvine, in an amount not to exceed $51,500.00, to for Contract Planning provide temporary contract planning services for the Planning Services Division; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Mainte- Maintenance of effort for fiscal year 2001-2002 was approved in nance and.Capital connection with Measure "M" Eligibility (Qualification for Funds); Improvement for and the seven-year capital improvement plan was approved. Measure "M" Approved Field Use The field use and allocation policy was approved as recommended Policy by the Parks, Recreation Facilities and Parkways Commission; and approval was given to grandfather AYSO 97 and Newport Harbor Baseball Association into User Group 1, allowing allocation of fields as permitted in the past. Home Ranch Deve- Item 10 on the Consent Calendar was presented: Appoint two lopment Agreement members to the subcommittee for the Home Ranch Development Agreement. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, took issue with the closed nature of the meetings. She observed that a meeting is either "public" or "closed", and a "semi-public" meeting would conflict with the Brown Act. Tom Nixon, Woodlin, Spradlin and Smart, Attorneys at Law, 701 South Parker Street, Suite 8000, Orange, counsel for the City, opined that meetings between a subcommittee of the City Council and the Home Ranch developer were appropriate and not in violation of the Brown Act. He indicated that the City does not have an obligation to allow public attendance at the meetings, and the public will have the opportunity to participate prior to finalization of the agreement. In response to a question from Council Member Robinson, Mr. Nixon stated for the record that the Brown Act identified those types of meetings where public notice is required and the public is allowed to participate, and those are specifically defined. He indicated that the subcommittee meetings do not fall within that requirement, and are, by definition, excluded. Further, he explained that in order to be a meeting subject to the Brown Act, it would have to be, in essence, a meeting of the legislative body. Council Member Robinson indicated her desire to have the attorney's legal opinion available to Ms. Genis or any member of the public since it did not divulge any confidential information. The City Manager suggested that the City Attorney review this matter, and Mayor Cowan directed him to do so with a notification to Council. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, supported the subcommittee but objected to elected officials participating. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, commented that the purpose of ,the Brown Act is to ensure that the people's business is conducted in public view. He insisted that government must be open. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked if the two members of the committee had been determined. Mayor. Cowan replied that she and Council Member Robinson had been selected when Council made.the original motion. Robin Leffler, 3025 Samoa Place, Costa Mesa, mentioned that she would like to be kept informed, and questioned holding meetings in secret. Mayor Cowan responded that the meetings are not held in secret, and reviewed the process. Council Member Monahan expressed concern in light of considerations regarding the Brown Act. Motion to Continue A motion was made by Council Member Monahan to continue this Withdrawn item to the meeting of July 2, 2001, to allow time for the City Attorney to respond to questions to .determine if the confidential report may be made available to the public, and to review the City Attorney's reports. After discussion, Council Member Monahan withdrew the motion. Council Member Robinson opposed the continuation, suggesting that the meetings either be opened to the public or cancelled, explaining that the meetings were an attempt to make the Development Agreement negotiations proceed smoothly. She thought that the public should be allowed to participate even though she did not believe that a Brown Act violation had occurred. MOTION/To Open A motion was made by Council Member Robinson, seconded by Meetings to Public Council Member Monahan to open the meetings to the public. Mayor Pro Tem Dixon supported the motion, relating that the Council started out with a "good 'faith" effort which has been altered by public perception. Mayor Cowan opposed the motion, stating 1 1 that the staff/developer negotiation process should be reinstituted, followed by reintroduction to the public process. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Dixon, seconded MOTION/Approved by Mayor Cowan, and carried 3-2, Council Members Monahan and Abolishing Com- Steel voting no, to abolish the committee, and allow staff and the mittee attorneys to move forward. COUNCIL Council Member Robinson indicated her support of moving Council COMMENTS Comments to the end of the meeting in order to allow more time for Public Comments persons to speak under Public Comments. She reported her request for a public forum on the- EI Toro/John Wayne Airport EI Toro/John Wayne issue, tentatively scheduled for August, 2001, and encouraged Airport Forum citizens to attend and participate. She clarified for the record that the "gang ordinance", or the Buena Park ordinance, does not Skateboard Park permit the City to take action against gang members but targets landlords. She believed that constitutional rights must be Crime Reporting protected for law-abiding landlords. Council Member Robinson Pierce Street Annex asked what action is being taken regarding the Pierce Street Annex (referred to under Public Comments), and asked about the Costa Mesa Job City's options. The City Manager proposed that staff prepare a Center report on the level of activity at the restaurant and in the neighborhood, and that the City Attorney's office prepare an Vending Trucks opinion. The City Attorney provided Council Member Robinson with an update on the vending trucks in neighborhoods, stating that the Code Enforcement task force is involved. Council Member 72 -Hour Parking Robinson asked that the 72 -hour vehicle parking limitation be Limitation placed on an agenda for one of the next two meetings. Public and Council Council Member Steel objected to limiting Public Comments, and Comments was opposed to moving Council's comments to the end of the meeting. He discussed complaints from a woman about campers parked outside her residence and a citizen who was attacked in Pinkley Park by a dog owned by a homeless man. He raised the question, what attracts the homeless to Costa Mesa? He objected to the increase in rental properties in the City, and hoped that some renters could be converted to homeowners. Council Skateboard Park Member Steel asked the City Manager to contact the City of Newport Beach City Manager to initiate a joint agreement for a Crime Reporting skateboard park. He related a recent conversation with the Police System Chief regarding the crime reporting system. Council Member Steel reported on his visit to the Costa Mesa Job Center, along with Costa Mesa Job Administrative Services Director Steve Hayman and Recreation Center Manager Stacia Mancini. He observed that the trip was educational, but thought that the Center should eventually be phased out. He suggested that the Center has negatively impacted the City's schools, rentals, parks, and overall quality of life. Pierce Street Annex In regard to the Pierce Street Annex, Council Member Monahan added that there is a possibility that a street/alley closure will occur behind the business, the owner is intending to build a wall in the alley and he also invites anyone to call him regarding any situation EI Toro/John Wayne or problem.. Council Member Monahan presented an overhead of Airport John Wayne Airport with the footprint of EI Toro Airport superimposed. He addressed the issue of public comment, noting his shock at reviving the issue of the 30 -minute time limit. MACY Awards Mayor Pro Tem Dixon recognized the. Drama Department at Estancia High School for their receipt of 17 awards at the 31St annual Music and Art Commendation for Youth (MACY) awards, which included the Masterpiece Award for their performance of !", School Tour "Fiddler on the Roof'. She thanked the principals of Whittier Elementary School and Rea School for her recent tour. Mayor Pro Council Meetings Tem Dixon indicated that in order to better serve their constituents, the Council must address eitherlstarting Council meetings earlier in the evening or adding a meeting on the fourth Monday of the month. She asked that this subject be placed on a Council Dumpster Enclosures agenda. She asked the City Attorney's office to prepare a report which determines whether the City can require existing developments to enclose their dumpsters. Council and Public Mayor Cowan indicated that she will ask that Council consider Comments moving Council Comments to: the end of the meeting. She addressed the suggestion regarding Public Comments, stating that she is attempting to respond to people with business before the community, Council Members, and the public. She agreed that the meetings should start earlier, or another meeting added on the fourth Monday. She stated that she would like this issue placed on the agenda for the next Council meeting. Mayor Cowan clarified Rental Assistance that she does not support rent control, as had been reported in the newspaper; although she does believe there is abuse occurring in the rental community. RECESS The Mayor declared a recess at 8:35 p.m., and reconvened the meeting at 8:45 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued PA -00-56, Light- from the meeting of June 4,-2001, to consider an appeal of the house Coastal Planning Commission's amendment to Condition of Approval No. 1 Community Church for Planning Application PA -00-56 from Edmond Deckert, authorized agent for Lighthouse, Coastal Community Church, for a master plan amendment for the church (as required per Condition of Approval No. 4 of ZA-00-19) to allow use of portions of the parking lot as a play yard for Klein School, to reflect existing uses on church properties; and to allow establishment of a daily, half- day preschool, located at 300-301 Magnolia Street, in an I&R zone. Environmental Determination: Exempt. The Affidavits of Mailing, Publishing, and Posting of the Property are on file in the City Clerk's office. Communications were received from the following Costa Mesa residents: Beth' Refakes, 320 Magnolia Street, supporting the Conditions of Approval imposed by the Planning Commission's decision for the project; Rebecca Miltenberger, 327- B Magnolia Street, supporting ;the Conditions of Approval; Alice and Garland Powers, 336 Magnolia Street, opposing the daily, half- day pre-school; Howard Denghausen, Post Office Box 11844, listing the uses in the Master, Plan Amendment that adversely impact the surrounding properties and the neighborhood in general; Charleen Durkee, 340; Magnolia Street, Costa Mesa, in opposition to the daily, half-day preschool, and other functions taking place on the property; M. B. Shipley, 332 Magnolia Street, stating that the church should be responsible for the appearance of its building where the nursery; school is to be located; Bonnie Smith, 328 Magnolia Street, Costa Mesa, opposing establishment of a daily, half-day preschool at the Lighthouse Church; and a 36 - page communication from Paul; Wilbur, 312 Magnolia Street, and Howard Denghausen, 343 Magnolia Street, containing a history of the various applications submitted for the subject properties. The Development Services Director reviewed the Agenda Report dated June 11, 2001, and he and the Senior Planner responded to questions from Council. 1 1 C 433 Bill Perkins, 1300 Adams Avenue, Costa Mesa, Planning Commissioner, reported that he had been appointed by the Planning Commission to mediate with the neighbors and the Lighthouse Coastal Community Church, and commented that the neighbors had concerns dating back to before the City was incorporated (June 29, 1953), and the church is interested in building the preschool and being active in the community. He supported restriping the parking lot to resolve some of . the concerns. He reported on the neighbor's opposition to the school's daytime activities, noting a problem with the circular flow in the parking lot and the noise level. Mr. Perkins endorsed reevaluating the situation in six months. Edmond Deckert, authorized agent for Lighthouse Coastal Community Church, addressed the condition of approval in connection with PA -00-56 which states that no preschool or daycare facility shall be established without prior approval of the master plan. He reported that the church is appealing this condition because the site is historically an educational unit, both buildings have approval for educational use, and the property is zoned for a church and a school. He asked that if Council denies the request, the church receive the legal reasons in written form. He and Frank Custer, Associate Pastor, responded to questions from Council. Howard Denghausen, 343 Magnolia Street, Costa Mesa, commented on noise and traffic concerns generated by the preschool, stating that the church needs to comply with City ordinances and regulations. He explained that the church exceeds the approved Floor Area Ratio (FAR), and the parking provided is not sufficient for the seating capacity of the sanctuary. He added that the noise and disturbance affects quality of life and property values of adjacent residences. Mr. Denghausen objected to approving more activities, such as the preschool, for this site. Beth Refakes, 320 Magnolia Street, Costa Mesa, referred to her letter of May 17, 2001, urging Council to uphold the Planning Commission's decision to delete the preschool. She expressed concern regarding overlapping use of the Magnolia Street parking lot, the drop off and pickup schedule, late arrivals and early departures, the parking lot not being adjacent to the facility, and increased traffic and noise. Ruby Wilbur, 312 Magnolia Street, Costa Mesa, complained about the noise from the play yard, traffic in the parking lot, and crowding in the drop off zone. Susan Kline, proprietor and property owner of Kline School, 320 East 18th Street, Costa Mesa, reported that she and the church have attempted to respond to the ongoing complaints of the Magnolia Street neighbors by increasing the number of parking spaces, improving the parking lot circulation by closing two of the four north exits, rerouting traffic entering from Magnolia Street and exiting onto East 18th Street, and more. She thought that the neighbors should take responsibility for the choice to live near property which is not residential. She asked Council to grant the church permission to operate a preschool. Rebecca Miltenberger, 327 Magnolia Street, Costa Mesa, indicated that the noise factor is intrusive, disturbing, and nearly intolerable. She stated that this neighborhood is not conducive to another business use which would require additional attention to safety 16ME issues. She urged Council to uphold the Planning Commission's decision which deletes the preschool from the master plan. Frank Custer, Associate Pastor, opined that nothing offered by the church would satisfy the neighbors, maintaining that during the meetings, only the church brought constructive solutions to the table. Patricia Duvall, 333 Magnolia, Street, Costa Mesa, objected to blockage of the north driveway exit. The Senior Planner referred to Condition of Approval No. 3 on handwritten Page 18 of the Agenda Report dated June 11, 2001, stating that it was included to keep the parking lot safe from driveway traffic and to accommodate the preschool. Paul Wilbur, 312 Magnolia Street, Costa Mesa, addressed the church master plan, stating that the application is incomplete. The Development Services Director reported that according to their investigations, the church has the right to exist, and there is equal, if not more parking than previously. Discussion ensued regarding a trash enclosure added on the north side of Magnolia Street. Judith Gielow, 469 East 18th Street, Costa Mesa, reported that students from the Kline School have occasionally used the Harper School playground. Tom Bazacas, Pastor of the- Lighthouse Coastal Community Church, noted their positive relationship with the Kline School. He noted the goal of accommodating 60 children, three days a week, for a Christian -based, preschool education. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Steel, seconded by Mayor Resolution 01-35 Pro Tem Dixon, to adopt Resolution 01-35, A RESOLUTION OF Approving Master THE CITY COUNCIL OF THE CITY OF COSTA MESA, Plan PA -00-56 CALIFORNIA, APPROVING MASTER PLAN PA -00-56, amending Condition of Approval No. 8 to read, "No secular outdoor activities shall be permitted on any part of the church grounds between 6:00 p.m. and 7:00 a.m." Council Member Monahan opposed the motion, maintaining that the problems mentioned did not involve the preschool. He questioned the noise level produced by the children as reported by the neighbors. SUBSTITUTE A substitute motion was made by Council Member Monahan, to MOTION/To Approve uphold the Planning Commission's decision, approving the Preschool Died preschool with the conditions recommended by staff on Pages 2 and 3 of the Agenda Report dated May 8, 2001. The substitute motion died for lack of a second. Council Member Robinson supported the motion, expressing concern regarding the size of the play areas for students of the Kline School and of the proposed preschool. She stated that the situation could be dangerous, objected to the pickup and drop-off plan, and observed that the church has outgrown its space. Mayor Cowan supported the motion, agreeing that the church has outgrown this site, and the use has become too intense. She found the church's attitude disconcerting, and expressed sadness that the church and the community could not work together in a good faith effort with the City to arrive at a mediated solution. The original motion carried 4-1, Council Member Monahan voting no. RECESS The Mayor declared a recess at 10:25 p.m., and reconvened the meeting at 10:35 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 2001-2002 City set for the public hearing to consider the City Budget for fiscal year Budget 2001-2002: Resolution determining and adopting an appropriations limit of $120,330,536.00 for fiscal year 2001-2002, in accor-dance with Article XIII -B of the Constitution of the State of California, as amended by Proposition 111 and Senate Bill 88. Resolution adopting a budget for fiscal year 2001-2002. Resolution adopting the 2001-2002 statement of investment policy, and authorizing the City Treasurer to invest and reinvest idle monies of the City of Costa Mesa in accordance with the 2001-2002 statement of investment policy, and authorizing the City Treasurer to delegate to the Assistant Director of Finance the duty of carrying out any such tasks. Resolution . determining and adopting the General Fund operating reserve for the 2001-2002 fiscal year in accordance with Title 2, Chapter V, Article 6, of the Costa Mesa Municipal Code. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Dave Leighton, 1219 Belfast Avenue, Costa Mesa, requesting Council to include in the current budget, funds to improve drainage in the Halecrest Tract; and Eleanor Egan, 1893 Parkview Circle, Costa Mesa, via e-mail, Westside Improvement Association, requesting that more capital improvement funds be allocated to the west side to prevent further deterioration of the streets. The Finance Director reviewed the Agenda Report dated May 30, 2001. He responded to questions from Council. Tom Egan, 1893 Parkview Circle, Costa Mesa, stated that the schedule for reviewing the budget is a "travesty", noting that the study session was held over the dinner hour. He thought that City services have fallen off, and mentioned that in the last nine months several senior staff members have terminated their employment. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, discussed appropriations for the west side. Doug Sutton, 2739 Canary Drive, Costa Mesa, commended staff for their work on the budget and the meetings held with members of the community. There being no other speakers, the Mayor closed the public hearing. Council Member Monahan congratulated the Finance Director and staff for their work on the budget. He commented on the fiscal expertise of staff and members of Council. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Resolution 01-36 Mayor Pro Tem Dixon, and carried 5-0, to adopt Resolution 01-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ;DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT OF $120,330,536.00 FOR FISCAL YEAR 2001-2002, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SENATE BILL 88. Mayor Cowan, in concurrence! with Council Member Monahan's suggestion, agreed to consider postponing decisions on net revenue to the meeting of July 2, 2001. She asked Council to provide any additional items regarding net revenue to the City Manager by Friday, June 22, 2001. Council Member Robinson proposed increasing the budget for street maintenance. Discussion ensued regarding street repair, funding for same, and retaining the $100,000.00 to hire a naturalist for Fairview Park. Council Member Steel opposed continuation of the Costa Mesa Job Center, stating that it has a negative influence on schools. Motion To Close A motion was made by Council' Member Steel to close the Costa Job Center Died Mesa Job Center. The motion died for lack of a second. Council Member Monahan asked that a meeting to discuss funding of the Center be scheduled. The City Manager suggested that the matter be scheduled for August, 2001, when the fee study is addressed. Mayor Cowan asked that the following questions be researched by staff, .and the answers presented at that meeting: Does it continue to, meet the identified need that actually established the Job Center in the first place?; Is there a value added to the community?; What recent court rulings might affect our abilities to (1) eliminate the Job Center, or (2) change operations?; and conduct a thorough evaluation of the operation, including fees charged, identification, and so forth. Council Member Robinson commented that she opposed funding a full-time naturalist for Fairview Park, noting more important issues in the community that require the allocation of funds. Regarding the $550,000.00 allocation to Fairview Park, she inquired as to where the funds would be used in the park. She reiterated her interest in directing funds towards street maintenance, and supported examining ways for the funds currently appropriated for the Costa Mesa Job Center icould be returned to taxpayers. Council Member Robinson asked if there was any way for the Job Center staff to explore whether:the Job Center is addressing that employers were not violating employment laws. She also wants staff to explore whether the Job Center is addressing the needs of the community. Mayor Cowan believed that the Master Plan for Fairview Park should be revisited. She encouraged retention of the naturalist position in the budget, and suggested directing the Parks, Recreation Facilities and Parkways Commission and Friends of Fairview Park to initiate community forums on the Plan. She indicated that the goal should be to either recommit to the Plan adopted two years ago or create a new one. Council Member Monahan agreed with the Mayor but hesitated at the commitment of time. He proposed redirecting those funds to other projects. Addressing the Council budget, Council Member Monahan questioned the need for five workstations. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Resolution 01-37 Council Member Robinson, and carried 5-0, to adopt Resolution Adopting the 2001- 01-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY 2002 Budget OF COSTA MESA, CALIFORNiIA, ADOPTING A BUDGET FOR 1 1 437 FISCAL YEAR 2001-2002, excluding for separate discussion funding for the naturalist, the Council workstations, and Fairview Park. MOTION/Directed A motion was made by Council Member Monahan, seconded by Funds for Work- Council Member Robinson, and carried 4-1, Mayor Cowan voting stations to Net no, to exclude the Council workstations from the budget, directing Revenue that these funds be included in the net revenue discussion. Mayor Cowan opposed the motion, stating that members of the community who offer their time to participate as members of City Council deserve a desk at City Hall. Council Member Monahan suggested that if a Council Member desired a workstation, it could be arranged but indicated that he did not personally require the space. Mayor Pro Tem Dixon supported the motion, stating that she did not believe that workstations would be used by this Council. Mayor Cowan supported retaining the naturalist position in the budget, noting that it is crucial to address the erosion in Fairview Park. She asked that the position be retained until staff provides a proposal on how to address the Master Plan. Council Member Monahan hesitated to create a full-time classification at this point, and proposed a limited -term contract for the naturalist position. Council Member Robinson agreed with Council Member Monahan, suggesting that an outside expert could prepare a proposal on the erosion issue. Motion to Delete A motion was made by Council Member Robinson, seconded by Naturalist Position Council Member Monahan, to delete from the budget the position Failed to Carry of naturalist and the $550,000.00 allocation for Fairview Park. Council Member Monahan suggested amending the motion to remove the naturalist position and reduce the allocation to Fairview Park by half. The maker of the motion agreed. Mayor Pro Tem Dixon opposed the motion, commenting that it would be appropriate to wait for a response from staff prior to deleting this item from the budget. The motion failed to carry 3-2, Council Members Cowan, Dixon, and Steel voting no. MOTION/Gave A motion was made by Mayor Cowan, seconded by Council Directions to Staff Member Steel, and carried 4-1, Council Member Robinson voting no, to retain the naturalist position in the budget, directing staff to report to City Council no later than the meeting of August 6, 2001, with a proposal on how to readdress the Fairview ,Park question and Master Plan, including recommendations on staffing and other funding. . MOTION/Approved A motion was made by Mayor Cowan, seconded by Council Street Maintenance Member Robinson, and carried 5-0, to allocate $880,000.00 of net Allocation revenue to the street maintenance program, directing staff to present the balance of the discussion on net revenue at the meeting of July 2, 2001, and to include in the budget the closure at Walnut and Church Streets. Mayor Pro Tem Dixon supported the motion, and encouraged consideration of the east side in conjunction with street maintenance. MOTION/Adopted A motion was made by Mayor. Cowan, seconded by Mayor Pro Resolution 01-38 Tem Dixon, and carried 5-0,' to adopt Resolution 01-38: A Adopting the 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 2002 Statement of MESA, CALIFORNIA, ADOPTING THE 2001-2002 STATEMENT Investment Policy OF INVESTMENT POLICY, AND AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN ACCORDANCE WITH THE 2001- 2002 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE CITY TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE DUTY OF CARRYING OUT ANY SUCH TASKS. MOTION/Adopted A motion was made by Mayor; Cowan, seconded by Mayor Pro Resolution 01-39 Tem Dixon, and carried 5-0, to adopt Resolution 01-39: A Adopting the 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 2002 General Fund MESA, CALIFORNIA, DETERMINING AND ADOPTING THE Operating Reserve GENERAL FUND OPERATING RESERVE FOR THE 2001-2002 FISCAL YEAR IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6, OF THE COSTA MESA MUNICIPAL CODE. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 4, Residential Deve- 2001, second reading and adoption of Ordinance 01-16, relating to lopment Standards residential development standards; and a resolution amending "Residential Design Guidelines" concerning building height limitations. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported requiring a variance for second -story structures in a single -story neighborhood. The Development Services Director acknowledged that public notice is required for all new second -story structures. The owner of the property at ;264 Santa Isabel Avenue, Costa Mesa, stated that to increase City revenues, developers must have the capability of providing living space in second -story additions. He supported maintaining the existing height limit. Doug Sutton, 2739 Canary Drive, Costa Mesa, opposed City-wide building limits, and approved of the proposed solution. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Ordinance 01-16 Mayor Cowan, and carried 4-1, Mayor Pro Tem Dixon voting no, to give second reading and adopt Ordinance 01-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL DEVELOPMENT STANDARDS. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Resolution 01-40 Mayor Cowan, and carried 4-1, Mayor Pro Tem Dixon voting no, to adopt Resolution 01-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING "RESIDENTIAL DESIGN GUIDELINES" CONCERNING BUILDING HEIGHT LIMITATIONS. OLD BUSINESS The Deputy City Clerk presented the California State Coastal Fairview Park Grant Conservancy Grant for Fairview Park: Resolution authorizing execution of an agreement with the California State Coastal Conservancy for $194,000.00 in grant funds for design and engineering of access and interpretative program improvements in Planning Areas A, C, and D. 1 1 1 Use of $194,000.00 from the Fairview Park development account to provide matching funds for the California State Coastal Conservancy grant. During the design phase for Planning Areas A, C, and D, direct staff to initiate a possible amendment to the Fairview Park Master Plan, as provided in Council Policy 500-11, to reduce or eliminate the 60 -space parking lot at the north end of the park near Placentia Avenue. Communications were received from Jan Vandersloot, via e-mail, noting his concerns about the conservancy grant and the Fairview Park Master Plan; and Tim Cromwell, 2029 Swan Drive, Costa Mesa, via e-mail, requesting Council to remove the lower parking lot in the Master Plan. The Public Services Director reviewed the Agenda Report dated June 4, 2001. Council Member Robinson felt that authorizing the grant monies �_; and matching funds is a commitment to this particular project, which includes a 60 -car parking lot and picnic area with existing restaurants nearby and several new trails constructed through the restored areas. She stated that there should be community input on the necessity/desirability for the parking lot. The Public Services Director thought that the Coastal Conservancy will agree to deletion of the parking lot. Council Member Robinson expressed her concern regarding the number and composition of the trails. Mayor Pro Tem Dixon thought that there may be support in the community for additional parking and natural trails. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, supported retaining the additional parking lot in the plan because it is needed and provides handicap access. Jan Vandersloot, Newport Beach, supported approval of the grant, recognizing that the Coastal Conservancy has stated their flexibility, and urged Council to favor a minimum paving and maximum natural park. Dr. Vandersloot reported that the minutes of the meeting of September 5, 2000, proclaimed that a general goal is to eliminate the lower parking lot. He asked that Council eliminate all concrete in the park, and suggested that public input be taken for the restoration plan. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported a lower parking lot, proposing that it be designed similar to the one at Canyon Park. He showed photographs of several scenarios in the park. Paul Bunney, Post Office Box 11024, Costa Mesa, supported installation of the parking lot. Doug Sutton, 2739 Canary Drive, Costa Mesa, concurred with Dr. Vandersloot's comments, suggesting that Council listen to his input. He wanted to preserve the park in perpetuity for passive use, and observed that Council must commit to the preservation of the park. Tom Egan, 1893 Parkview Circle, Costa Mesa, urged caution in this matter. MOTION On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, and carried 4-1, Council Member Robinson voting no, the following action was taken: Adopted Resolution Adopted Resolution 01-41: A RESOLUTION OF THE CITY 01-41 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE COASTAL CONSERVANCY FOR GRANT 'FUNDING TO DESIGN ACCESS AND INTERPRETATIVE IMPROVEMENTS AT FAIRVIEW PARK. Approved Matching Approved $194,000.00 from the Fairview Park development Funds account to provide matching funds for the California State Coastal Conservancy grant. Gave Directions Staff was directed to initiate a possible amendment to the to Staff Fairview Park Master Plan, as provided in Council Policy 500- 11. OLD BUSINESS The Deputy City Clerk presented a request to purchase 100 copies History of Costa of "From Goat Hill to the City of the Arts: The History of Costa Mesa Mesa" by Robert Wilson, at a cost of $1,958.00. The City Manager summarized the Agenda Report dated June 6, 2001. MOTION/Approved A motion was made by Council Member Steel, seconded by Mayor Purchase Pro Tem Dixon, and carried 5-0, approving the purchase. Mayor Cowan asked the City ;Manager to "agendize the minor expenditures anticipated for next time." NEW BUSINESS The Deputy City Clerk presented an application from the Orange Installation of Railroad County Model Engineers, in accordance with Council Policy 500 - Track in Fairview Park 11, to install an additional 2,250 lineal feet of railroad track at the model railroad facility in Fairview Park. The Public Services Director reviewed the Agenda Report dated June 5, 2001. Vern Lockhart, DDS, President, Board of Directors, Orange County Model Engineers, Inc., reported ;that with the additional line around the north side of the park, riders 'on the train can see all aspects of the area, and noted that 'it will be tied into the line which crosses the Placentia Avenue bridge. MOTION/Gave A motion was made by Mayor Cowan, seconded by Council Directions to Staff Member Steel, and carried 5-0, directing staff to proceed with processing the request. NEW BUSINESS The Deputy City Clerk presented a proposed amendment to the League of California League of California Cities Bylaws to increase dues to implement a Cities Dues grassroots network. Mayor Cowan commented that this has a negative impact, and asked what additional benefits befall the City by implementing the grassroots network. The City Manager explained that the most that Orange County can expect to receive from the program is one half-time position, with a positive impact of better input to legislators from other parts of the state. 1 11 1 MOTION/Continued A motion was made by Mayor Cowan, seconded by Council to July 2, 2001 Member Steel, and carried 5-0, to continue this item to the meeting of July 2, 2001, in order to provide an opportunity to speak with the Executive Director of the Orange County Division. ADJOURNMENT The Mayor declared the meeting adjourned at 1:10 a.m. 1 ATTEST: Mayor of the City of Costa Mesa !- Deputy City lerk of the City of Costa Mesa 11 1