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HomeMy WebLinkAbout09/04/2001 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 4, 2001 The City Council of the City of Costa Mesa, California, met in regular session September 4, 2001, 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 Robinson, and invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian. - Council Members Present Council Members Absent: Officials Present: Mayor Libby Cowan Council Member Gary Monahan Council Member Karen Robinson Council Member Chris Steel Mayor Pro Tem Linda Dixon City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Finance Director Marc Puckett Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Council July 2 and 16, 2001, Member Steel, and carried 4-0, Mayor Pro Tem Dixon absent, the and August 6, 2001 minutes of the July 2, and 16, and August 6, 2001 regular City Council meetings were approved. MOTION/Approved On motion by Council Member Monahan, seconded by Council August 20, 2001, Member Steel, and carried 3-0, Mayor Pro Tem Dixon -' absent, Minutes Mayor Cowan abstaining, the minutes of the regular meeting of August 20, 2001, were approved as distributed. ORDINANCES AND A. motion was made by Council Member Monahan, seconded by RESOLUTIONS Council Member Robinson, and, carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Cowan congratulated the Costa Mesa National Little League Costa Mesa National All Star team, winners of the Mayor's Cup, and the American Little and American Little League All Stars, in recognition of their participation in the 2001 League All Star season. She presented certificates of appreciation to American Teams League team members Jeremy Aguinaga, Adrian Armenta, Skylar Crane, Thomas Kosnosky, Kory Kough, Andrew Millian, Nick Peterson, Charlie Roum, Scott Shafer, Cody Spoulos, Kyle Thorsness, and Cody Waldron, and introduced manager Ted Spoulos and coaches Pete Peterson and Dave Roum. She presented certificates of appreciation to National League team members Starnes Arnold, Caleb Burgess, Austin Elliott, P. J. Errington, Matthew Jeranko, Brandon Maurer, Taylor McClanahan, Michael McDaniels, Trevor McDonald, Tim Morley, Ryan -Redding, Evan Van Geem, Vinnie Valdez, and introduced manager Bill Redding, and coaches Mike Falbo and Mike McDaniels. 1 5CN PUBLIC COMMENTS Paul Bunney, Post Office Box 11024, Costa Mesa, expressed John Wayne Airport concern regarding Mayor Cowan's position on the John Wayne Expansion Airport (JWA) expansion issue, noting her affiliation with the City of Irvine. He encouraged the Mayor to make her stance public, and suggested that she consider recusing herself from any decision. Mayor Cowan indicated her intent to provide a statement, and reported that she is requesting the Fair Political Practices Commission (FPPC) to review her situation relating to the JWA issue and her employment with.the City of Irvine. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, presented the Mayor with souvenirs from the Airport Working Group (AWG) which included an EI Toro Airport window sticker, buttons, and a T-shirt. He urged Council to fight for the alternative airport at EI Toro. JWA Expansion Rachel Perez -Hamilton, 266 Brentwood Street, Costa Mesa, noted her attendance at the Orange County Board of Supervisors meeting this date- for the Environmental Impact Report No. 573 final hearing. She submitted to the Deputy City Clerk an 80 -page petition in response to Council's resistance to support an airport at EI Toro, noting that both airports are needed to accommodate the projected growth in air passenger demand. She stated that signers of the petition are "requesting and demanding" that the City donate $600,000.00 to those who are educating the citizens of Orange County and supporting the John Wayne/EI Toro airports. Margaret Morgan, 206 East 15th Street, Costa Mesa, indicated her attendance at the above mentioned meeting, objecting to the arguments put forth by opponents of an airport at EI Toro. She felt that it is appropriate for South County to now take the responsibility for its own growth and the air traffic created. She asked Council for their views. Ralph P. Morgan, Jr., 206 East 15th Street, Costa Mesa, reported that E.I.R. No. 573 is now available, and thanked Council Member Steel for his report on the proposed EI Toro Airport at the Board of Supervisors meeting. He encouraged Council to obtain a copy of the report for study. Katie Arthur, 400 Cabrillo Street, Costa Mesa, wanted to know Council's stance on the EI Toro/JWA issue. Mayor Cowan replied that Council is on record as being opposed to the expansion of JWA and in favor of construction of an airport at EI Toro. She added that Council Member Steel .is the Orange County Regional Airport Authority (OCRAA) representative. Grant Younglove, 2519 Littleton Place, Costa Mesa, encouraged Council to take a more aggressive position on the JWA expansion issue. Mike Sanders, 587 Yorkshire Street, Costa Mesa, questioned Mayor Cowan's statement that Council was `on record" as opposing expansion at JWA, asking about any action taken. He encouraged Council to take a leadership position in this matter. Council Member Steel responded that he had urged the Board of Supervisors at their meeting this day to certify E.I.R. No. 573, stressing that EI Toro is needed as an alternative to JWA. a Frank Hanrahan, 2545 Fairway Drive, Costa Mesa, opposed expansion of JWA. He encouraged the City to become more active in promoting an airport at EI Toro, suggesting that funds be donated. Ocean Outfall Group Jan Vandersloot, 2221 East 16th Street, Newport Beach, Founder and Director of the Ocean Outfall Group, reported their dedication to eliminating the waiver held by the Orange County Sanitation District wherein 240 million gallons a day of partially, poorly treated sewage is discharged into the ocean four and one-half miles off the coast. He asked that staff and Council study this issue, and prepare a resolution in support of eliminating the waiver. He provided a copy of a report from the City of Newport Beach. Council Member Monahan advised that a member of the Costa Mesa Sanitary District has a seat on the Board of the Orange County Sanitation District. Ocean Outfall Group The following members of the Ocean Outfall Group encouraged Council to endorse a resolution regarding the waiver: Kris Hardeman, 748 Arbolado Drive, Fullerton; Irwin Haydock, 11570 Aquamarine Circle, Fountain Valley; Larry Porter, 1501 Westcliff Drive, No. 201, Newport Beach; Dennis Baker, 706Y2 Begonia Avenue, Corona del Mar; Allan Beek, 2007 Highland Drive, Newport Beach, thanked Council Member Steel for his speech at the Board of Supervisors meeting; Dean Reinemann, 1877 Parkview Circle, Costa Mesa; , and Greg Jewell, 8622 Laramie Circle, Westminster, member of the Huntington Beach/Seal Beach Surfrider Foundation. Gang Problems John Feeney, 1154 Dorset Lane, Costa Mesa, addressed gang activities in Costa Mesa, accusing Council of refusing to implement the anti -gang ordinance and Proposition 21, the youth gang and violence prevention act. He commented that gang members in the City are violating the rights of law-abiding citizens. Bedroom Conversion Dave Morley, 2027 Maple Avenue, Costa Mesa, reviewed the situation caused by,the bedroom in his home being converted from a garage 38 years ago. He commented on the City's insistence that this situation be reversed. The City Manager explained that current code requires a garage for all living units in an R1 zone. He suggested that since this. matter is scheduled for Harbor Municipal Court in less than a month, it be placed on the agenda for the meeting of September 17, 2001, in order to stay enforcement. Council Member Monahan disputed a comment by Mr. Morley regarding a lack of interest on the part of Council. He addressed the civil citation process which does not have an alternative appeals process other than filing a lawsuit, and asked for a report on the possibility of an in-house appeals system. Council Member Monahan asked that various options and strategies for this type of scenario be prepared for a Council agenda. Costa Mesa Job Allan Mansoor, 2973' Harbor Boulevard, No. 406, Costa Mesa, Center believed that it is in the best interest of the City to close the Costa Mesa Job Center and eliminate funding for the Someone Cares Soup Kitchen. He ,stated that problem loitering can be solved by cooperation from business, City government, and law enforcement, and proposed rezoning as a possible solution. 1 1 Mexican Flag Chris Eric, 1825 Placentia Avenue, Costa Mesa, showed photographs of a neighbor's residence where a Mexican flag has been raised on a makeshift flagpole. He asked the City to investigate. He complained about someone who broke the yucca plant in his yard. 72 -Hour Parking Richard Herman, 365 Costa Mesa Street, Costa Mesa, addressed Violations the 72 -hour notice on parked vehicles in a written communication to Council, stating that in certain cases the Police Department encourages residents to voluntarily -correct their parking problems. He suggested that this policy be extended to all citizens, and disagreed that this would require a change in the existing law. Mayor Cowan replied that she has asked staff to draft a response to Mr. Herman's letter. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 9, Change Order No. 3 to the contract with Analytical Planning Services, Inc. for additional construction engineering services for the Downtown Recreation Center, Project No. 99-16; and Item No. 11, 2001-2004 Memorandum of Understanding between the City and the Costa Mesa Police Association, and Budget Adjustment No. 02-06. MOTION/Approved On motion by Council Member Monahan, seconded by Council Except Item Nos. 9 Member Robinson, and carried 4-0, the remaining Consent and 11 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: John D. Mead/Adventure 16, Inc.; and Bob Blanchard. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Turnip Rose, 1901 Newport Boulevard, for a person-to-person and premise -to -premise transfer of a Type 47 (on -sale general for a bona fide eating place) and a Type 68 (portable bar) ABC Licenses. Sushi World (formerly Tokyo Gate), 472 East 17th Street, Suite D, for a person-to-person transfer of a Type 41 ABC License (on -sale beer and wine for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1863, funding - Payroll 117 for 1863/Payroll 117 $1,720,489.35, and City operating expenses for $1,218,136.94, including payroll deductions. Approved Warrant Warrant Resolution 1864, funding City operating expenses for 1864 $477,899.66. REJECTED CLAIMS The following claims were rejected: Gonzalez Roberto .Gonzalez (alleged dangerous condition of property). Nelson/Davis Rachel Lynn Nelson and Nicolette Robin Davis (alleged bodily injury and property damage from a traffic accident). Ulm ADMINISTRATIVE Design and Construction of a Debris Dump Site at the City ACTIONS/Accepted Corporation Yard, 2310 Placentia Avenue,_ Project No. 01-01, was Work for Design and completed to the satisfaction of the Public Services Director on Construction of Dump July 2, 2001, by Premier Contractors, 1401 North Batavia Street, Site, Project No. 01- Suite 204, Orange. The work was accepted; the Deputy City Clerk 01, by Premier Con- was authorized to file a Notice of Completion; authorization was tractors given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Improve- Street improvements at 3401 Harbor Boulevard, Santa Ana, were ments at 3401 Harbor completed to the satisfaction of the Public Services Director by by McCarthy Builders, McCarthy Building Companies, Inc., 20401 Southwest Birch Street, EP PS01-00063 Newport Beach, in connection with Encroachment Permit No. PS01-00063. The work was accepted, and the bonds were ordered exonerated. Awarded Baker and Bids received for Baker Street and Arlington Drive Sidewalk, Arlington Sidewalk, Project No. 01-06, are on file in the City Clerk's office. The contract Project No. 01-06, to was awarded to S. Parker Engineering, Inc., 10059 Whippoorwill S. Parker Engineering; Avenue, Fountain Valley, for $33,355.50 (base bid only), the Mayor Rejected Bids from and Deputy City Clerk were authorized to sign on behalf of the City, Southland and PA and the nonresponsive bids from Southland Construction and PA Engineering Engineering were rejected. Adopted Resolution Resolution 01-57 was adopted: A RESOLUTION OF THE CITY 01-57, Authorizing COUNCIL OF THE! CITY OF COSTA MESA, CALIFORNIA, Lease with Option to AUTHORIZING THE LEASE WITH OPTION TO PURCHASE NO. Purchase No. 01-073- 01 -073 -AF FOR THE'FINANCING OF THE SIEMENS BUILDING AF for Financing of TECHNOLOGIES PERFORMANCE SERVICES AGREEMENT, Siemens Agreement authorizing the City Manager or his designee to execute the lease and to complete.certain actions in connection therewith. Change Order No. 3 Item No. 9 on the Consent Calendar was presented: Change to APSI Contract, for Order No. 3 to the contract with Analytical Planning Services, Inc. Downtown Recrea- (APSI), for additional construction engineering services for the tion Center, Project Downtown Recreation Center, Project No. 99-16. Council Member No. 99-16 Robinson asked for confirmation that the additional $80,000.00 will not be funded by the City but will be drawn from the liquidated damages which are collected. The Public Services Director confirmed that this is indeed the case. Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed his interest in the amount of overrun on this contract, and compared it to funding for the Huscroft House. MOTION/Approved On motion by Council Member Monahan, seconded by Council Change Order Member Robinson, and carried 4-0, Change Order No. 3 was approved to the contract with Analytical Planning Services, Inc. (APSI), 15707 Rockfield Boulevard, Suite 225, Irvine, for $80,000.00, for construction services for the Downtown Recreation Center, Project No. 99-16. 2001-2004 MOU for Item 11 on the Consent Calendar was presented: 2001-2004 CMPA Memorandum of Understanding (MOU) between the Costa Mesa Police Association (CMPA) and the City of Costa Mesa: Resolution revising the pay ranges for job classifications represented by the, Costa Mesa Police Association to reflect the established labor marketplace pursuant to the 2001-2004 MOU. Budget Adjustment No. 02-06 for $1,004,420.00. MOTION/Continued A motion was made by Council Member Robinson, seconded by to September 17, Council Member Monahan, and carried 4-0, to continue this item to 2001 the meeting of September 17, 2001. PUBLIC HEARING The Deputy City Clerk presented an application from Mayor Cowan Appeal of PA -01-03 and PA -01-04, Taylor appealing the Planning Commission's decision for Planning Applications PA -01-03 and PA -01-04, for Wesley N. Taylor, 3 Civic Plaza, Suite 165, Newport Beach, authorized agent for Beacon Bay Enterprises, Inc./Robins Properties, 3152 Red Hill Avenue, Suite 230, Costa Mesa, and Nancy Mostaan, 323 Promontory Drive East, Newport Beach, for a conditional use permit to establish a retail used car dealership on the front half, and to legalize a vehicle storage lot on the rear half of a commercial property formerly 'containing a car wash facility; with an administrative adjustment and a variance from setback requirements (20 feet required along both frontages, 15 feet proposed along Harbor Boulevard, and 10 feet proposed along Charle Street), located at 2059 Harbor Boulevard, in a C-2 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. Mayor Cowan indicated that after review, she is satisfied with the Planning Commission's action but was unable to withdraw the appeal in time. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reported that he had attended the Planning Commission meeting at which time he supported installation of a berm along the front of the project. He commented that it would improve the appearance of Harbor Boulevard. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, concurred with Mr. Millard, and asked that Council ensure that -in this and future projects, premium buildings are the result. Theodore Robins stated that the project will be landscaped but the property has not been raised to accommodate a berm. Council Member Robinson believed that this is an opportunity to upgrade the area with 20 -foot landscaping in the front, and asked the applicant if the additional five feet would actually prevent the public from viewing the car dealership. Mr. Robins encouraged the 15 - foot setback as approved by the Planning Commission. Council Member Steel asked Mr. Robins to discuss the berm with Mr. Mansoor and/or Mr. Millard. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Cowan, seconded by Council Member Resolutions 01-58 Monahan, and carried 4-0, the following resolutions were adopted and 01-59 affirming the decision of the Planning Commission: Resolution 01-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-03. Resolution 01-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-04. W OLD BUSINESS, The Deputy City Clerk presented from the meeting of August 20, Solicitation for 2001, second reading and adoption of Ordinance 01-21, regarding Employment from solicitation for employment, business, or contributions from streets. Streets Council Member Robinson wanted to ensure that persons fundraising from the streets for events, such as car washes, will not be affected by the ordinance. ;The City Attorney responded that the Police Department had indicated that the ordinance will be applied to anyone involved in an activity which presents a danger to the public safety from a traffic standpoint. Council Member Robinson asked for assurance that the City will be protected from a challenge that the ordinance is being applied unfairly. MOTION/Adopted On motion by Mayor Cowan, seconded by Council Member Steel, Ordinance 01-21 and carried 4-0, Ordinance 01-21 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER XIX OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REGARDING SOLICITATION FOR EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS FROM STREETS. OLD BUSINESS The Deputy City Clerk presented a resolution authorizing Recreational and application for grant funds for urban recreational and cultural Cultural Center centers, museums, and facilities for wildlife education or Grants environmental education programs under the Safe Neighborhood Parks, Clean Water, and Coastal Protection Bond Act of 2000. Direct staff to prepare and submit grant applications for funding for design and construction of the Cultural Museum Parking Lot, Fairview Park Botanical Garden, and Fairview Park Habitat Restoration in Planning Areas A, C, and D. A communication was received from Kristen Caspers Petros, 2135 Iris Place, Costa Mesa, via e-mail, asking Council not to spend more money on workshops or studies which have already been done, but instead, move forward by approving the grant applications. The Public Services Director summarized the Agenda Report dated August 23, 2001, stating that in order to maintain eligibility, it is necessary to approve the above projects which will allow staff to file the application. He reported that the Council memorandum dated August 31, 2001, contained an alternate resolution, modifying the main resolution by adding the stipulation that the City reserves the right to accept or reject funds from the State if it is granted the monies. Bill Polder, 1628 White Oak Street, Costa Mesa, supported the application for grant funds. He commented that the monies from Measure "O" for an increase in hotel occupancy tax, which failed in the November, 2000, election, had been slated for park improvements, and 'encouraged that the measure be placed on the 2002 ballot. John Feeney, 1154 Dorset Lane, Costa Mesa, felt that the grant opens the door to paving trails at Fairview Park, and opposed turning it into an "urban" park. Robert Graham, 3260 Dakota Avenue, Costa Mesa, noted that a parking lot near the railroad in Fairview Park is essential, and commented on the beauty of Talbert Park. He suggested signage to advertise the easiest route to Talbert Park. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-60 Member Monahan, and carried 4-0, to adopt Resolution 01-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR URBAN RECREATIONAL AND CULTURAL CENTERS, MUSEUMS AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAMS UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN -WATER, CLEAN AIR AND, COASTAL PROTECTION BOND ACT OF 2000 FOR FAIRVIEW PARK (THE "PROJECT"), stipulating that Resolution 01-60 is the "modified" version as attached to the memorandum of August 31, 2001. Council Member Robinson stated for the record that the additional provision is very important as there is no final plan, and it is necessary to have the ability to reject the funds if the final plans are not approved. RECESS The Mayor declared a recess at 8:25 p.m., and reconvened the meeting at 8:35 p.m. NEW BUSINESS The Deputy City Clerk presented a resolution in support of After -School Activities collaborative efforts with the Newport -Mesa Unified School District for after-school enrichment activities. Communications were received from the Presbyterian Church of -the Covenant, 2850 Fairview Road, Costa Mesa, supporting the resolution to enrich after-school activities; and Henry S. Panian, 436 Swarthmore Lane, Costa Mesa, giving three reasons why Council should adopt the resolution. Mayor Cowan stressed the importance of youth in the community, and the role that schools and the City can play. She envisioned schools as community centers, and reviewed the Agenda Report dated August 29, 2001. Council Member Steel noted his concern regarding such issues as funding and staffing. Mayor Cowan did not perceive a conflict on the separation of church and state issue. Council Member Robinson concurred with Council Member Steel's concerns, and asked assurance that the proposed resolution .is not a commitment of funds nor a commitment to any particular after-school activities. She expressed concern regarding recent cases in which schools have been held liable for breach of freedom of association, free speech, etc., and suggested that the City avoid situations wherein liability might be assigned due to well-established case law. Dave Brooks, President of the Newport -Mesa Unified School District Board of Trustees, 2985-A Bear Street, Costa Mesa, summarized the resolution by stating that the City and the School District, along with many other entities, are investigating this issue and making an assessment which will be brought to Council at a later date, possibly around the end of November, 2001'. Laura Monoz, Community Program Director for the YMCA, provided youth crime statistics, noting that from 3:00 to 4:00 p.m. is the prime hour for violent juvenile crime, and 2:00 to 6:00 p.m., violent teen crime increases dramatically. She reported that more than one million children in California from low-income families with working parents could benefit from supervised after-school programs but are not currently enrolled. Tim McCalmont, 1065 Visalia Drive, Costa Mesa, pastor of the Presbyterian Church of the Covenant, reported that his congregation has agreed that their focus should be on helping young people at the junior and high school levels in their academic pursuits. He commented that their Youth Achievers Program has been extremely successful. George Madsen, 1862 Boa Vista Circle, Costa Mesa, supported after-school activities for youth. He announced that the American Society of Civil Engineers is celebrating their 150th anniversary, and their focus is on educating youth. Eric Bever, 1046 Westward Way, Costa Mesa, commended the City, the School District, the Presbyterian Church, and the YMCA for their efforts on behalf of children, but expressed concern regarding the potential breach of church and state. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, complained about the lack of details, and agreed about the potential entanglement of church and state. He asked who would make the decision regarding the churches which will be allowed to participate. Chris Eric, 1825 Placentia Avenue, Costa Mesa, called the proposal akin to an "educational soup kitchen", and surmised that a faith -based organization will promote their ideas. John Feeney, 1154 Dorset Lane, Costa Mesa, observed that the resolution promotes taxpayer -funded, after-school daycare. He blamed businesses in Costa Mesa who exploit their employees by paying poverty -level wages. Tom Egan, 1893 Parkview Circle, Costa Mesa, expressed concern regarding the church/state issue. He recommended that the resolution should make it clear that the City will collaborate only with secular partners, such as Girls, Inc., and Campfire Boys and Girls, and suggested adding the word "secular" in front of the word "community partners" on the second line, in the next to last paragraph of the resolution. Mary Hornbuckle, 2221 Raleigh Avenue, Costa Mesa, urged support of the resolution, calling it a "step in the right direction." She reported that in addition to the after-school programs offered by the City, others have been developed by nonprofit groups such as the YMCA. She, stated that the resolution did not make a commitment to spend funds but she encouraged Council to think about committing monies for this type of activity. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, asked how many churches have been invited to participate, and why this matter was being initiated. He suggested a study group to present specifics prior to a decision being made on the resolution. Donn Hall, 3080 Johnson Avenue, Costa Mesa, .concurred with City activities being separate from the church, and encouraged Council to view this item with an extremely critical eye. Dean Reinemann, 1877 Parkview Circle, Costa Mesa, emphasized that children from good homes also utilize these programs, and appreciated the social interaction available for the children. 1 1 1 The resident at 992 Azalea Drive, Costa Mesa, supported the resolution, registering his delight that the City and the School District have united for the goal of providing activities for youth during after school hours. He reported on the tutoring program at the Church of the Covenant, noting that all monies generated have been from private sources. Mayor Cowan recognized Orange Coast College President Margaret Gratton who was in attendance. Council Member Steel supported the resolution but recommended that the Newport Beach City Council be contacted to elicit their input. He expressed concern that the program would draw outsiders like a magnet and overwhelm already overcrowded elementary schools. Council Member Robinson agreed with former Mayor Hall that it is important to proceed cautiously on separation of church and state issues. She felt that the resolution as worded, with a couple of "tweaks", can take care of that particular issue. She suggested adding at the end of the resolution, after changing the period to a comma, "but understands that the City's role in this collaborative effort must and will strictly comply with all laws including the first amendment concerning separation of church and state." Additionally, she proposed adding at the top of the last page of the resolution, second paragraph, "...the Newport -Mesa Unified School District along with secular nonprofit agencies; and". Council Member Robinson thought that this is a wonderful opportunity to make a statement about the City's relationship with the School District. She noted the importance of the school system addressing the after-school unsupervised time period for children. She reiterated her concern regarding the nature of the City's involvement when religious organizations are involved. Council Member Monahan supported Council Member Robinson's first proposed change but felt that it is redundant because all laws and regulations must be followed. He opposed adding the word "secular", commenting that it would eliminate a large portion of those participating. John Feeney, 1154 Dorset Lane, Costa Mesa, advised that the term "separation of church and state" does not exist in the constitution but originated in a letter written by Thomas Jefferson. He suggested that if the first amendment is quoted, that the correct language be used. Council Member Robinson and the City Attorney concurred with this information. Motion Made to A motion was made by Mayor Cowan, seconded by Council Adopt Resolution Member Monahan, to adopt a resolution supporting collaborative efforts for after-school enrichment activities. Mayor Cowan supported the resolution as written, declining to add "secular". She stated that the City has a history with nonprofit organizations, and did not think that changing it at this time was appropriate. SUBSTITUTE A substitute motion was made by Council Member Robinson, Motion to Adopt seconded by Council Member Steel, to adopt a resolution Resolution with supporting collaborative efforts for after-school enrichment Amendments Failed activities, amending the second paragraph, last page of the to Carry resolution to read, "...the Newport -Mesa Unified School District along with secular nonprofit agencies; and", and adding at the end of the "Be It Further Resolved" paragraph, after changing the period to a comma, "but understands that the City's role in this M collaborative effort must and will strictly comply with all laws including the first amendment concerning separation of church and state." The substitute; motion failed to carry 2-2, Council Members Cowan and Monahan voting no. SUBSTITUTE A substitute motion was made by Council Member Robinson, MOTION/Adopted seconded by Council Member Monahan, to adopt Resolution 01 - Resolution 01-61 61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN SUPPORT OF COLLABORATIVE EFFORTS WITH THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR AFTER-SCHOOL ENRICHMENT ACTIVITIES, adding at the end of the "Be It Further Resolved" paragraph, after changing the period to a comma, "but understands that the City's role in this collaborative effort must and will strictly comply with all laws including the first amendment concerning separation of church - and state." Mayor Cowan originally voted "no" on the above motion, but changed her vote to a "yes" vote to show her full support of the process, and the motion carried 4-0. NEW BUSINESS The Deputy City Clerk presented a renewal of the contract with the Contract with Health Orange County Health Department for environmental health Department for services; and an ordinance repealing Sections 8-2 and 9-90.1 of Environmental Health the Costa Mesa Municipal Code regarding labor camps. The City Services Attorney reviewed the Agenda Report dated August 27, 2001. MOTION/Approved On motion by Council Member Monahan, seconded by Council Contract; Gave First Member Robinson, and carried 4-0, the contract with the Orange Reading to Ordinance County Health Department was renewed, and first reading was 01-22 given to Ordinance 01-22: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTIONS 8-2 AND 9-90.1 OF THE COSTA MESA -MUNICIPAL CODE REGARDING LABOR CAMPS. Second reading and adoption are scheduled for the meeting of September 17, 2001. NEW BUSINESS The Deputy City Clerk presented a request to modify code Auto Detailing requirements allowing, auto detailing under a canopy as a permitted use for car wash operations. Council Member Monahan reviewed the Agenda Report dated August 28, 2001. MOTION/Gave A motion was made by Council Member Monahan, seconded by Directions to Staff Council Member Robinson, and carried 4-0, to support in concept that a canopy is acceptable for detailing, directing staff to evaluate alternatives to the present code, and to present the information to the Planning Commission. NEW BUSINESS The Deputy City Clerk presented a resolution setting the tax rate FY 2001-2002 Tax per centum and levying a tax upon all property within the City Rate Per Centum which is taxable to meet the City's obligation under the 1974 Open Space Bond issue for.fiscal year 2001-2002. The Finance Director summarized the Agenda Report dated August 28, 2001. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-62 Member Monahan, and carried 4-0, to adopt Resolution 01-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE TAX RATE PER CENTUM AND LEVYING A TAXUPON ALL PROPERTY WITHIN THE CITY OF COSTA MESA.WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 2001-2002. CITY ATTORNEY'S The City Attorney requested a Closed Session pursuant to REPORTS/Request Government Code Sections 54956.9(c) and 54957.6 to discuss the for Closed Session: following: a request from Public Services to have Council Civil Action Re SCE, authorize the City Attorney to initiate a civil action against SCE Fairview/Baker Pro- Corporation to recover damages in connection with the Fairview ject; Status of MOU Road/Baker Street Intersection Improvement Project; and a report for CMPMA by the Administrative Services Director on the status of negotiations and to receive direction from the City Council in order to secure a Memorandum of Understanding with the Costa Mesa Police Management Association (CMPMA). The Mayor announced that closed session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager reported that Council had previously requested REPORT/JWA and that a town hall meeting be organized with presenters from the EI Toro Airports County of Orange, a person well acquainted with the EI Toro airport issue, and someone knowledgeable about the John Wayne Airport settlement agreement. He anticipated that the meeting date will be set by the Council meeting of September 17, 2001. He expressed appreciation to Council Members and members of his staff who organized his birthday celebration at Kona Lanes. COUNCIL Council Member Robinson addressed the above-mentioned public COMMENTS forum on the airport issue, stating that she was encouraged to hear Airport Issues that the County of Orange will be able to focus their attention on the forum since the environmental impact report hearing is now complete. She reiterated that the Council stands 4-1, on a vote held prior to her term, in support of an airport at EI Toro. She voiced her interest in learning at the forum what the level of commitment should be, i.e., what is the expectation of this Council Orange County towards that effort. Council Member Robinson asked that the Sanitary District matter addressed under Public Comments regarding the Orange Waiver County Sanitary District waiver be placed on a Council Study Session agenda. She reported a conversation with the Fire Chief, Jim Ellis, which took place during "Costa Mesa Night Out", Disaster Prepared- concerning a disaster preparedness program, and suggested that. ness Program this item also be placed on a Study Session agenda. Council Member Steel recommended that a "new vote" be taken EI Toro Airport on the EI Toro issue, and suggested that this be placed on a study session agenda, after the public forum. He reported that a meeting will take place on Wednesday, September 5, 2001, at City Hall, between the City, the Costa -Mesa Sanitary District, and the Mesa City Hall Meeting Consolidated Water District. He proposed inviting the Newport - Mesa Unified School Board members to the meeting. He asked staff to investigate the property mentioned by Chris Eric during Placentia Avenue Public Comments, located in the 1800 block of Placentia Avenue. Property Council Member Steel asked the Development Services Director to respond to Dave Morley's comments during Public Comments Garage/Bedroom regarding his garage/bedroom situation, and he complied by Situation stating that Mr. Morley had been treated fairly, and reviewed the steps taken to resolve the situation. Council Member Steel thought that the process should be simplified. ADJOURNMENT TO At 9:55 p.m., Mayor Cowan adjourned the meeting to a closed CLOSED SESSION session in first floor. Conference Room A to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:20 p.m., and the action RECONVENED taken during closed session was announced. .a MOTION/Authorized Regarding a request from Public Services to have Council Staff to Initiate Civil authorize the City Attorney to initiate a civil action against SCE Action Re SCE Corporation to recover damages in connection with the Fairview Corporation Road/Baker Street Intersection Improvement Project, by a vote of 4-0, Council granted the City Attorney the authority to commence civil action. MOU with CMPMA Discussion occurred regarding a report by the Administrative Discussion Services Director on the status of negotiations for a Memorandum of Understanding with the Costa Mesa Police Management Association (CMPMA). ADJOURNMENT The Mayor declared the meeting, adjourned at 10:25 p.m. SaL���� Mayor of the City of Costa Mesa ATTEST: I` Deputy City erk of the City of Costa Mesa 11 1