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HomeMy WebLinkAbout09/17/2001 - City Councilfl 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 17, 2001 The City Council of the City of Costa Mesa, California, met in regular session September 17, 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 Mayor Cowan, a moment of silence was observed in recognition of the World Trade Center tragedy, the invocation was by the Reverend Bill Waddell, Harbor Trinity Baptist Church, and Freedom Committee member Fran Ryder spoke on the significance of Constitution Day. 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 Administrative Services Director Steve Hayman Police Patrol Services Captain Tom Warnack Administrative Services Commander Dick Greer Police Lieutenant Karl Schuler Finance Director Marc Puckett Assistant City Attorney Tom Wood Senior Deputy City Attorney Marianne Reger Senior Planner Willa Bouwens- Killeen Contract Planner Paul Deibel Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Mayor Pro September 4, 2001 Tem Dixon, and carried 5-0, the minutes of the regular meeting of September 4, 2001, were approved as distributed. ORDINANCES AND A motion was made by Council Member Monahan, seconded by RESOLUTIONS Mayor Pro Tem Dixon, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Cowan congratulated Debra Tekawa, Personnel Analyst in Employee of the the Personnel Division of the Administrative Services Department, Month on being named Employee of the Month for September, 2001, in recognition of her efforts as staff liaison to the Human Relations Committee. She recognized Ms. Tekawa's willingness to expend extra time and effort in working with others in a professional manner, and meeting all committee requests with superb attention to detail. 611 WIN PRESENTATION Mayor Cowan read a proclamation congratulating Stater Bros. Stater Bros. Market Markets upon celebrating its 65th Golden Anniversary of serving Proclamation Southern California families with quality merchandise, wishing them continued success in providing for their customers in the future. She presented the document to Stater Bros. representative Alfred Espinosa. PUBLIC COMMENTS Jay Taylor, (no street number) Pegasus Street, Santa Ana Heights, Santa Ana Heights asked how the City will address the opposition expressed by Annexation residents in Santa Ana Heights regarding the proposed annexation to Costa Mesa. He reiterated the desire to be excused from Costa Mesa's sphere of influence in order to participate in the Newport Beach application that has been filed with the Local Agency Formation Commission (LAFCO). Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, complained about the Stater Bros. shopping carts, which litter his neighborhood, specifically carts from the store at Baker Street and Fairview Road. He reported that the building at 1083 Baker Street, formerly occupied by a 99 cent store, has recently been painted a bright pink. He counted the dayworkers loitering in the City, mentioning 21 at the corner of Placentia Avenue and Victoria Street at 10:30 this morning, and several on the corner of Bristol and Baker Streets. Mr. Millard commented that the Orange County Register "Best of Orange County" named the three best cities as Huntington Beach, Irvine, and Newport Beach. Bunney Comments Paul Bunney, Post Office Box 11024, Costa Mesa, following up with the Mayor, asked if she plans to publish a formal response regarding her position on the EI Toro Airport issue. Mayor Cowan replied that a letter has been submitted to the Fair Political Practices Commission (FPPC) requesting clarification on any conflict, and information will be provided to the public in a timely manner. Mr. Bunney asked the status of the automated agenda system. Mayor Cowan asked the City Manager to provide that information to Mr. Bunney. He mentioned the number of dayworkers who loiter near the 7 -Eleven store on Placentia Avenue between 7:00 a.m. and 9:00 a.m. 72 -Hour Parking Richard Herman, 365 Costa Mesa Street, Costa Mesa, reiterated Limitation his request that violators of the 72 -hour parking limitation on City streets receive a warning notice first. He indicated that warning notices have been sporadically placed on vehicles, and asked that the procedure be consistent. Mayor Cowan replied that she has asked staff to investigate. Violence in Costa Don Elmore, 2209 Wallace Avenue, Costa Mesa, suggested that Mesa persons parking on the street not violate the 72 -hour limitation, therefore eliminating the problem. He supported rezone of the west side bluff area. Drug Laws Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, in reference to the recent events in New York, suggested that Costa Mesa "make a statement" by reprioritizing the Police Department agenda, ensuring that protection against violence is the primary objective. He encouraged the re -appropriation of funds and resources to this end, supporting the relocation of police officers from the Drug Abuse Resistance Education (DARE) Program. He responded to questions from Council Member Steel regarding his thoughts on violence. E Faris Comments Joel Faris, 1863 Parkglen Circle, Costa Mesa, asked that law enforcement of drug and alcohol laws be retained. He reported on his participation in a cleanup of West 19th Street sponsored by Earth Resources, a proactive environmental group. He commented on the disgusting amount and types of trash, which he encountered, and commented on the homeless persons living in the "wash area". Mr. Faris asked what action could be taken to remedy the situation. Mayor Cowan replied that the Police and Fire Departments are active in working with the homeless in that area, and directed staff to investigate further avenues of action. West Side Rezone Janice Davidson, 1982 Arnold Avenue, Costa Mesa, supported immediate rezone of west side Costa Mesa. EI Toro and John Margaret Morgan, 206 East 15th Street, Costa Mesa, referred tc Wayne Airports Resolution 99-82, supporting the Land Reuse Authority, (LRA) effort to plan and implement a commercial airport at EI Toro, and declining expansion at John Wayne Airport (JWA). She noted the number of restrictions in the document, which they were unable to execute, and observed that the actual limitations for JWA are derived from the settlement agreement with the County of Orange. She reported that the Mayor had voted in favor of the resolution, with the restrictions, and Mayor Pro Tem Dixon had voted in opposition. Ralph P. Morgan, 206 East 15th Street, Costa Mesa, commented on the JWA situation should construction of an EI Toro airport not occur. He asked Council to adopt a resolution supporting an airport at EI Toro. Robert Hanley, 1601 Indus Street, Costa Mesa, supported an airport at EI Toro. Dayworkers Cathy Waters, 1925 Wallace Avenue, Costa Mesa, thought that the City should act upon the dayworker nuisance. Phil Morello, Post Office Box 10487, Costa Mesa, spoke about the day workers loitering at the 7 -Eleven store at Placentia Avenue and Victoria Street, and suggested ticketing persons who solicited work from the streets. Disaster Relief Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, asked Council to consider offering financial assistance to disaster victims in New York, suggesting a one-time gift to be directed towards disaster relief. He proposed flying American flags throughout the City, specifically on Harbor Boulevard and Placentia Avenue. Mayor Cowan responded that the Police and Fire Departments are collecting monies for citizens of New York City, and staff is addressing the flag program. Bever Comments Eric Bever, 1046 Westward Way, Costa Mesa, thanked Council for considering rezone of the west side bluff area. He commented on a recent brochure produced for South Coast Plaza, pointing out that Costa Mesa was mentioned only one time, in the address line. He proposed encouraging the use of the City's name in the advertising for C. J. Segerstrom developments such as Home Ranch and those in the South Coast Metro area. Dog Problem Mark Berry, 2064 Meadow View Lane, Costa Mesa, complained about dog droppings in Canyon Park, and suggested that the City enforce the leash law, as well as encourage owners to clean up after their pets. NO Mayor Cowan asked the Public Services Director to investigate. Graham Comments Robert Graham, 3260 Dakota Avenue, Costa Mesa, urged Council to make a statement regarding the proposed EI Toro airport, suggesting that the airport be regional which would be much less offensive to the area. Referring to the above doggie problem, he advised that Newport Beach has a leash law and a law which requires owners to pick up after their animals. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 6, Contract award for Project "A", Canyon Community Park Flood Protection; and Project "B", Parkway Concrete Repair and New Sidewalk, Project No. 01-07, to S. Parker Engineering. MOTION/Approved. On motion by Council Member Monahan, seconded by Council Except Item No. 6 Member Robinson, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder item was received and processed: Alcoholic Beverage Alcoholic Beverage Control (ABC) license request from License Request Ovations Fanfare, '88 Fair Drive (Orange County Fairgrounds), 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 1865, funding Payroll 118 for 1865/Payroll 118 $1,708,864.49, and City operating expenses for $851,922.29, including payroll deductions. Approved Warrant Warrant Resolution 1866, funding City operating expenses for 1866 $1,978,906.81. ADMINISTRATIVE Resolution 01-63 was adopted: A RESOLUTION OF THE CITY ACTION/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 01-63, CERTIFYING THE AVAILABILITY OF THE REQUIRED TEN Bike Trail PERCENT LOCAL SHARE OF THE TOTAL PROJECT COST Rehabilitation FOR THE REHABILITATION OF THE BIKE TRAIL ON NEWPORT Funds BOULEVARD BETWEEN ARLINGTON DRIVE AND FAIR DRIVE, AND ADOPTION OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) COMMUTER BIKEWAYS STRATEGIC PLAN FOR THE CITY OF COSTA MESA. Accepted Work for Re -roofing of the Communications Facility Shop Area and Canopy Communications at 79 Fair Drive, Project No. 01-03, was completed to the Facility, Project No. satisfaction of the Public Services Director on August 6, 2001, by 01-03, by Best Best Roofing and Waterproofing, Inc., 22301 South Western Roofing and Water- Avenue, Suite 105, Torrance. The work was accepted; the Deputy proofing City Clerk was authorized to file a Notice of Completion; authorization was 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 Canyon Community Item 6 on the Consent Calendar was presented: Award contract Park Flood Protection, for Project "A", Canyon Community Park Flood Protection; and and Parkway Con- Project "B", Parkway Concrete Repair and New Sidewalk, Project crete Repair and New No. 01-07, to Parker Engineering, Inc., for $378,875.00, and reject Sidewalk, Project the nonresponsive ' bid from AP Engineering. Robert Graham, No. 01-07 3260 Dakota Avenue, Costa Mesa, was concerned about the f m MOTION/Approved A motion was made by Council Member Robinson, seconded by LLEBG Committee Council Member Steel, and carried 5-0, to approve the Committee Recommendations; recommendations for allocation of the 1999 and 2000 LLEBG Approved Budget surplus and 2001 LLEBG proceeds and matching funds; and to Adjustment 02-08 approve Budget Adjustment No. 02-08 for $96,340.00. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Lighthouse Coastal set for the public hearing to consider rehearings requested by Community Church, Edmond Deckert, authorized agent for the Lighthouse Coastal Deckert Community Church, 300 and 301 Magnolia Street, Costa Mesa; and by Paul Wilbur, 312 Magnolia Street, Costa Mesa, concerning the City Council's decision on June 18, 2001, to adopt Resolution 01-35 upholding the Planning Commission's approval of Master Plan PA -00-56, for properties at 300 and 301 Magnolia Street, with Condition of Approval No. 8 amended 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." The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from R. L. Simonson, 324 Broadway, Costa Mesa, asking Council to uphold the Planning Commission's decision; and Beth Refakes, 320 Magnolia Street, Costa Mesa, in opposition to the project. The Development Services Director summarized the Agenda Report dated September 6, 2001. Council Member Robinson indicated that she had received several documents pertaining to the encroachment permit at the study session prior to the Council meeting. She stressed the importance of all Council Members reviewing a copy of the conditional use permit relative to the property. Ed Deckert, agent for Lighthouse Coastal Community Church, advised that the church accepts the City Attorney's opinion related to the preschool acceptance. He noted the church's objection to Condition of Approval No. 8 which imposes a 9:00 p.m. curfew, stating that it has never been germane to the preschool, and remains arbitrary and discriminatory. He responded to a question from Council by stating that the preschool is nonprofit. amount of money being expended for this project. The Public Services Director replied that the project includes repair of a flood control problem in Canyon Park to better protect adjacent homes in the lower areas, and street repair throughout the City. On motion MOTION/Awarded by Council Member Monahan, seconded by Mayor Pro Tem Dixon, Contract to S. and carried 5-0, the contract was awarded to S. Parker Parker Engineering; Engineering, Inc., 10059 Whippoorwill Avenue, Fountain Valley, Rejected Bid from the Mayor and Deputy City Clerk were authorized to sign on behalf AP Engineering of the City, and the non-responsive bid from AP Engineering was rejected. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place 1999/2000 LLEBG set for the public hearing to consider Local Law Enforcement. Block Allocations; 2001 Grant (LLEGB) Citizens Advisory Committee recommendations for LLEBG Proceeds allocation of 1999 and 2000 LLEBG surplus in the amount of $18,660.00; and 2001 LLEBG proceeds and matching funds in the amount of $96,340.00; and Budget Adjustment No. 02-08 for $96,340.00. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Administrative Services Commander reviewed the Agenda Report dated August 22, 2001. There being no speakers, the Mayor closed the public hearing. MOTION/Approved A motion was made by Council Member Robinson, seconded by LLEBG Committee Council Member Steel, and carried 5-0, to approve the Committee Recommendations; recommendations for allocation of the 1999 and 2000 LLEBG Approved Budget surplus and 2001 LLEBG proceeds and matching funds; and to Adjustment 02-08 approve Budget Adjustment No. 02-08 for $96,340.00. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Lighthouse Coastal set for the public hearing to consider rehearings requested by Community Church, Edmond Deckert, authorized agent for the Lighthouse Coastal Deckert Community Church, 300 and 301 Magnolia Street, Costa Mesa; and by Paul Wilbur, 312 Magnolia Street, Costa Mesa, concerning the City Council's decision on June 18, 2001, to adopt Resolution 01-35 upholding the Planning Commission's approval of Master Plan PA -00-56, for properties at 300 and 301 Magnolia Street, with Condition of Approval No. 8 amended 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." The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from R. L. Simonson, 324 Broadway, Costa Mesa, asking Council to uphold the Planning Commission's decision; and Beth Refakes, 320 Magnolia Street, Costa Mesa, in opposition to the project. The Development Services Director summarized the Agenda Report dated September 6, 2001. Council Member Robinson indicated that she had received several documents pertaining to the encroachment permit at the study session prior to the Council meeting. She stressed the importance of all Council Members reviewing a copy of the conditional use permit relative to the property. Ed Deckert, agent for Lighthouse Coastal Community Church, advised that the church accepts the City Attorney's opinion related to the preschool acceptance. He noted the church's objection to Condition of Approval No. 8 which imposes a 9:00 p.m. curfew, stating that it has never been germane to the preschool, and remains arbitrary and discriminatory. He responded to a question from Council by stating that the preschool is nonprofit. e *a Mayor Pro Tem Dixon asked Mr. Deckert the drop-off and pickup plans for the preschool. He replied that the exit path had been revised to utilize 18th Street or Magnolia Street, as shown on Page 33 of the Agenda Report. Mayor Pro Tem Dixon asked Mr. Deckert the drop-off point for the children and how stacking of the vehicles will be accommodated. He responded that there is a recess in the building' at the entrance to the parking lot which can be utilized to drop off !the children, and the combination of Parking Lot A with Parking Lot S should' allow for 40 cars to stop to deliver children at one time.:In response to questions from Mayor Pro Tem Dixon, he stated; .that they could make it a rule that cars must be parked when unloading children, and the ratio of adults escorting children across the street is six or eight to one. Mayor Pro Tem Dixon thought that the six to one ratio was very scary. Council Member Robinson reported that she had visited the site, and understood the difficulty :of the situation because of the residents' proximity to the church parking lot. She agreed that there is a quality of life issue, and encouraged the church and the residents to work together to reach a solution. Mr. Deckert reviewed several adjustments which have been made to accommodate the neighbors. ;He .commented that if there is a noise issue, neighbors have they right to call the Police. He added that the church does not intend to make excessive noise but noted that the zoning code ipresently addresses this issue. The Senior Planner confirmed that the Costa Mesa Municipal Code contains a noise ordinance which, denotes the change in decibel level at 11:00 p.m. Mr. Deckert andithe Children's Ministry Director responded to questions from Council. Susan Kline, proprietor of Kline School, 320 East 18th Street, Costa Mesa, reported that students a're dropped off between 7:30 and 8:00 a.m., and are dismissed at 3:00 P.M. Council Member Monahan hesitated to support the 9:00 p.m. curfew based on current evidence. The Sr. Assistant City Attorney replied that a basis for the 9:00, p.m. curfew could be established due to the church's proximity to a residential neighborhood and the effect of the noise on their lives. Paul Wilbur, 312 Magnolia Street, Costa Mesa, complained that the church intensity is beyond the neighborhood capability, especially considering the preschool. He suggested that the church and preschool, should be considered as one property, and asked that the finding's for the project be corrected to reflect that fact. He referred to a; Planning Division report dated April 6, 1981, attached to the Agenda Report, which addressed the subject property under ZA-81=74, specifically Condition of Approval No. 7, "Prior to issuance of building permits for the preschool, a Master Plan Amendment for ;the First Baptist Church shall be approved, including the deletion of the preschool and the revision to the parking." He commented that if the preschool had installed and used a crosswalk as originally agreed, the noise problem would be a moot point. He felt that the church has infringed on the public right-of-way. The Senior Planner explained to the Mayor that over the years a series of conditional use permits, building permits, and a layering of different approval processes have been applied to the property, and a single master plan document does not exist. The following Costa Mesa residents spoke in support of the Lighthouse Coastal Community Church and the Kline School: Steve Mader, 469 East 20.t" Street, father of two children enrolled in Kline School; Julie Kramer, 329 Magnolia Street, maintained that only a small fraction of the local residents object to the school; Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, thought that this issue has garnered excessive attention, and stated that he has not heard of major noise problems in relation to a church; Don Elmore, 2209 Wallace Avenue; Susan Kline, proprietor and property owner of Kline School, advised that the 1999 murder of the two children attending the South Coast Day Care Center has no relation to the student drop-off and pick-up procedure presented by the church and approved by staff; Frank Custer, 1845 Anaheim Avenue, No. 13B, Pastor of the Lighthouse Coastal Community Church, commented that the church does not intend to be a nuisance to the community; and Thomas Johnson, 476 Magnolia Street, related that Kline School has Council mandated conditions which are being met. The following Costa Mesa residents spoke in opposition to the church and preschool: Howard Denghausen, 343 Magnolia Street, asked that Condition of Approval No. 8 be deleted, and a condition be added that the wall around the north property be removed and the landscaping in the public right-of-way and the setback be restored; Beth Refakes, 320 Magnolia Street, felt that the access to the preschool is unsafe, opposed a new master plan, and r provided a list of her complaints; Ruby Wilbur, 312 Magnolia Street, provided photographs, and commented that the preschool is not working; and Rebecca Miltenberger, 327 Magnolia Street, No. B, objected to the preschool. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-64 Member Monahan, and carried 5-0, to adopt Resolution 01-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA -00-56, subject to the findings in Exhibit "A", including approval of the childhood learning center, with the following modifications to the Conditions of Approval in Exhibit "B": add to Condition No. 11, regarding trash enclosures, "Must be completed within 60 days of City Council action, including the Kline School trash enclosure.", with the option that the trash enclosure at the school may be removed; add to Condition No. 4, "Outdoor play activities by the preschool shall be generally consistent with the schedule submitted by the Lighthouse Coastal Community Church." (handwritten Page 73), deleting, "times and locations described in Ms. Kline's letter dated April 3, 2001."; modifying Condition No. 8 to read, "All other organized outdoor activities on the part of the church shall require a separate minor conditional use permit."; adding language to Condition No. 1(d) which would identify that all drop off at the church shall be accomplished from parked cars in official parking spaces; and adding Condition No. 14, allowing this master plan to supersede previous conditional use permits and master plans for the church properties. Council Member Robinson opposed the staff recommendation which suggests that this master plan supersede all other master plans, proposing that previously adopted actions be kept in tact as they have governing principles which are not covered by the current action. She thought that Council Members should be provided copies of the previous documents in order to understand what the current document will replace.. The Senior Planner 9 advised that there was a brief description of the previous conditional use permits on handwritten Page 53, Item Nos. 2 and 3. Mayor Pro Tem Dixon supported the motion, stating for the record that safety for the children is her primary concern. She encouraged use of the crosswalk. Council Member Steel supported the motion but acknowledged the neighbor's grievance. RECESS The Mayor declared a recess at 9:40 p.m., and reconvened the meeting at 9:50 p.m. PUBLIC HEARINGS The Deputy City Clerk announced the public hearings, continued Rezone Petitions from the meeting of August, 6, 2001, to consider the following: R-01-01 and R-01- 02, City of Costa Rezone Petition R-01-01, for the City of Costa Mesa, to Mesa prezone 85 acres of unincorporated territory in several County "islands" proposed for annexation to the City, located within, but not including all of the area south of Mesa Drive, north of 29th Street, east of Santa Ana Avenue, and west of Tustin Avenue/Irvine Avenue. Environmental Determination: Negative Declaration. Rezone Petition R-01-02 and Specific Plan SP -01-01, for the City of Costa Mesa, to prezone 193 acres of unincorporated territory proposed for annexation to the City, located within, but not including all of the area north of Mesa Drive, east of Newport Boulevard, south of Bristol Street, and west of Irvine Avenue; and including adoption of provisions of the Santa Ana Heights Specific Plan for 53 acres of this area located west of Irvine Avenue. Environmental Determination: Negative Declaration. A communication was received from attorney Paul K. Watkins, 535 Anton Boulevard, Suite 800, Costa Mesa, representing the Santa Ana Country Club, asking Council to exclude the Country Club from its annexation resolution. The Contract Planner summarized the Agenda Reports dated September 7, 2001. The following persons spoke in opposition to the annexations: Jay Taylor, (no street number) Pegasus Street, Santa Ana Heights, referenced his August 30, 2001., letter suggesting that Santa Ana Heights be excluded from the resolution, citing the premise that the Santa Ana Heights Specific Plan would be adopted for the residents in that area; and Isabel Hernandez, Country Club Convalescent Hospital, 20362 Santa Ana Avenue, Santa Ana Heights. There being no other speakers, the Mayor closed the public hearing. MOTION/To Give A motion was made by Council Member Monahan, seconded by First Reading to Mayor Cowan, to adopt the negative declaration, and to give first Ordinance 01-23 reading to Ordinance 01-23. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Dixon, seconded MOTION/Gave First by Council Member Robinson, and carried 4-1, Council Member Reading to Ordinance Monahan voting no, to adopt the negative declaration; and to give 01-23 first reading to Ordinance 01-23, AN ORDINANCE OF THE CITY COUNCIL OF THE ' CITY OF COSTA MESA, CALIFORNIA, PREZONING UNINCORPORATED TERRI-TORY ALONG THE EASTERN BOUNDARY OF THE CITY, SOUTH OF MESA DRIVE, BY APPROVAL OF REZONE PETITION R-01-01, excluding Seawind Drive which is recommended for R1 zoning. Second 1 reading and adoption are scheduled for the meeting of October 1, 2001. Council Member Robinson envisioned the entire section designated R4 and R4PD (shown in orange on the Map 1 attachment to the Agenda Report) being zoned R1. Mayor Cowan supported the substitute motion but did not understand the benefit of proceeding with the Town Home development at this point. Motion to Give First A motion was made by Mayor Cowan to adopt the negative Reading to Ordinance declaration, to give first reading to Ordinance 01-24, and to adopt 01-24; Adopt Resolu- Resolution 01-65, deleting the italicized section in the last tion 01-65 paragraph of Page 1. The motion died for lack of a second. Council Member Robinson expressed concern that representations had been made to residents that the City would honor "what they had to the extent we could", and was satisfied that the R1 zones "are not substantially in jeopardy given their location and what they are surrounded by." She hoped that the City would recognize the County's land designation for the property owned by Mr. Hernandez, and discouraged reduction of allowable units to ten or twelve. MOTION/Gave First A motion was made by Mayor Cowan, seconded by Mayor Pro Reading to Ordinance Tem Dixon, and carried 4-1, Council Member Monahan voting no, 01-24; Adopted to adopt the negative declaration; to give first reading to Ordinance Resolution 01-65 01-24, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING UNINCORPORATED TERRITORY ALONG THE EASTERN BOUNDARY OF THE CITY, NORTH OF MESA DRIVE, BY APPROVAL OF REZONE PETITION R-01-02; and adopting Resolution 01-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -01-01 TO ENACT THE PROVISIONS OF THE SANTA ANA HEIGHTS SPECIFIC PLAN WITHIN THE CITY OF COSTA MESA IN CONJUNCTION WITH PREZONING FOR TERRITORY PROPOSED FOR ANNEXATION TO THE CITY, IF AND WHEN SUCH ANNEXATION BECOMES EFFECTIVE, deleting the language in the last paragraph, Page 1, "any new development within the Specific Plan shall not exceed the maximum residential density limits and/or the floor area ratio limits specified for the applicable land use designation by the Costa Mesa General Plan...", indicating in the prezoning that R2MD will be changed to R3 pending a general plan amendment. Second reading and adoption of the ordinance are scheduled to the meeting of October 1, 2001. Council Member Monahan opposed prezoning in this area, and objected to spending staff time and money on an annexation which may not take place. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 5, Labor Camps 2001, second reading and adoption of Ordinance 01-22, regarding labor camps. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-22 Robinson, and carried 5-0, Ordinance 01-22 was given second reading and adopted: 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. OLD BUSINESS The Deputy City Clerk presented development of a pocket park at Pocket Park at 523 523 Hamilton Street: Hamilton Street Budget Adjustment No. 02-07 for $15,000.00, to transfer funds from the Skateboard Park fund to a new capital improvement account to design and construct the park. Solicitation of proposals for design of the pocket park. The Public Services Director reviewed the Agenda Report dated September 10, 2001. Council Member Monahan supported putting the property on the market, suggesting that the profits be used for park improvements. 'Mayor Pro Tem Dixon observed that other potential sites for the community; garden may not be located on the west side. The Administrative Services Director provided an update on the status'of the current community garden, reporting that there are 60 plots with an iaverage waiting list of 15 and 16 persons. Paul Bunney, Post Office Box 11024, Costa Mesa, asked the location of the current garden. ;The City Manager replied that the address is 170 Del Mar Avenue. Doug Scribner, 321, Avocado Street, No. P, Costa Mesa, suggested using the land to grow medical marijuana. MOTION/Continued; A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Gave Directions to Cowan, and carried 5-0, to continue this item, directing staff to Staff provide a report on creating a community garden at 523 Hamilton Street, and to allocate $1,200.00 to provide an updated appraisal. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 4, 2001-2004 Police 2001, 2001-2004 Memorandumi of Understanding with the Costa Association MOU Mesa Police Association (CMPA): Resolution revising the pay ranges for job classifications represented by the, Costa Mersa Police Association to reflect the established labor marketplace pursuant to the MOU. Budget Adjustment No. 02-06 for $1,004,420.00. The Administrative Services Director, the City's labor negotiator, summarized the Agenda Report dated September 17, 2001. Mayor Pro Tem Dixon expressed concern regarding the City's economic future due to the recent New York City terrorists attack and its economic impact, and asked that this item be discussed in closed session so that the methodology of the raises can be thoroughly explained. j -The Mayor had the City Attorney confirm that this Brown Act urgency procedure required at least four affirmative votes to add the closed session to the agenda. MOTION/Trailed On motion by Mayor Pro Tem Dixon, seconded by Council Member to Closed Session Robinson, and carried 5-0, discussion of the MOU was trailed to follow a closed session to be held at the conclusion of regular business. NEW BUSINESS The Deputy City Clerk presented an agreement with Nestor Traffic Red Light Camera Systems, Inc., solei source ,vendor, 10145 Pacific Heights Enforcement Pro- Boulevard, Suite 510,; San Diego, to provide a turnkey Red Light gram Camera Enforcement ;Program for the City. Communications were received from David Kinkade, 2001 Swan Drive, Costa Mesa, (via e-mail), supporting installation of red light cameras; however, he opposed using the money from fines as a revenue source; and Jon and Bonnie Brown, 2526 Columbia Drive, Costa Mesa, withdrawing their opposition to the red light cameras. Mayor Cowan advised that she had received a telephone call on this subject from former Mayor Bob Wilson. The Police Lieutenant summarized the Agenda Report dated August 21, 2001. The following persons supported the Red Light Camera Enforcement Program: Paul Bunney, Post Office Box 11024, Costa Mesa; Don Elmore, 2209 Wallace Avenue, Costa Mesa, suggesting that Harbor Boulevard and Baker Street be added to the list of intersections; David Stiller, 2879 Regis Lane, Costa Mesa; and Rhonda (last name unintelligible), no address given. The following Costa Mesa residents opposed the program, several suggesting further research is needed: Ralph P. Morgan, 206 East 15th Street,. objected to the system because a police officer is not present at the time of the offense; Tom Egan, 1893 Parkview Circle, opposed the sole source aspect without the benefit of a cost study, and noted the absence of a time urgency situation to justify skipping normal bidding practices; and the resident at 421 Avocado Street, proposed investigating the impact on other agencies such as the courts, and determining other benefits aside from revenue. Allan Mansoor, 2973. Harbor Boulevard, No. 406, Costa Mesa, urged caution regarding use of the system, and suggested more time for public comment. He proposed a limited time option. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, challenged the facts as offered in the Agenda Report, and noted a lack of comparison. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, advised the City to exercise caution with the cameras. Phil Morello, Post Office Box 10487, Costa Mesa, suggested investigating the left-hand turn situation at intersections throughout the City. Council Member Steel proposed buying or leasing the equipment. The Police Lieutenant replied that the turnkey program will be safer, and the equipment will be maintained at no cost. He and the Public Services Director responded to questions from Council. Council Member Monahan indicated that the safety aspects of the system far outweigh. any other concerns. MOTION/Approved A motion was made by Council Member Monahan, seconded by Agreement Mayor Pro Tem Dixon, and carried 5-0, to approve the agreement with Nestor Traffic Systems, Inc., and to direct staff and the City Attorney's office to proceed with negotiations. Mayor Pro Tem Dixon supported the motion, mentioning that the program will bring revenue to the City but stating that safety is the key issue. She asked Council to support a program wherein the proceeds over and above the cost of the operation be directed back to the schools and the community for driver's education programs. Council Member Robinson supported the motion, commenting that she is satisfied with the analysis in the Agenda Report regarding this sole source purchase, and expressed confidence in the cameras ability to withstand a court challenge. She concurred with the Mayor Pro Tem in her comments regarding the irrelevance of the program making a profit for the company, and stressed the fact that safety issues are the major concern. Mayor Cowan supported the motion, citing technological advances which have been made in this program, and referred to the running of red lights as an `epidemic".. She supported the concept of earmarking fines for the driver's education and traffic safety programs in the schools, and asked staff to follow-up. RECESS The Mayor declared a recess at 11:50 p.m., and reconvened the meeting at 12:00 a.m.' NEW BUSINESS The Deputy City Clerk presented the staff recommendation for the Costa Mesa Job Job Center Operation to maintain the Job Center and to amend the Center operation to include an additional charge for nonresidents. Communications were received from Georgia Fallas, no address given, opposing closure of the Job Center; Dan Goldmann, 2324 College Drive, Costa Mesa, in support of keeping the Job Center; and Tamar Goldmann'„ 2324 College Drive, Costa Mesa, in support of keeping the Job Center. The Administrative Services Director reviewed the Agenda Report dated September 10, 2001. Council Member Steel opposed the proposal, stating that it has nothing to do with the problems created by the Job Center, specifically effects on the school system, property values, crime rate, social and cultural conditions, medical conditions, service costs, and more. He felt that the only solution is close the Job Center and take care of the "aftermath" prior to closure. Council Member Monahan proposed charging a nominal fee to Job Center employers, a $5.00 one-time to fee and a $5.00 annual fee. The Administrative Services- Director expressed concern that charging the employer a nominal fee would place the City in the position of acting as Ian employment agency. He reported that there is also a workers compensation/liability concern. Mayor Cowan observed that the Job Center keeps the City's day laborer ordinance "somewhat constitutional" in terms of recent rulings. Council Member Robinson expressed concern about "the costs for our city to operate ours as opposed to every other city, which nobody is even close to what it costs us to operate ours". She would like to see costs to the taxpayer for the Job Center reduced, persons using the 'Center limited to Costa Mesa residents, and proposed asking the City Attorney to provide an opinion as to whether or not the employers may be charged for using the facility. Council Member Robinson stated that, "There's got to be some way to balance; out the cost of this thing with the benefit it provides of having a place for day laborers to go rather than in our parks and on our streets, which is what this was initially intended to do." Richard Grisham, 1124 North Citron Lane, Anaheim, related that he has used the Job ',Center for 13 years, and opposed charging the employers a fee. He observed that closing the Center would relocate those looking for work; to Lions Park. He responded to questions from Council Member Steel by stating that he had also used the job center in Brea. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, commented that no one wants the Job Center in their neighborhood. She complained about the card game in Lions Park, the Someone Cares Soup Kitchen, and the medical center next door. She suggested relocating Ithe Center to the Costa Mesa/Santa Ana border. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, stated that Costa Mesa is becoming less like its sister cities of Newport Beach and Huntington Beach, and more like Santa Ana and Huntington Park. He referred to the Job Center as a "magnet", objected that identification is not verified, and suggested several alternate locations. Ralph P. Morgan, 206 East 15th Street, Costa Mesa, showed a photograph of day laborers loitering at the corner of Placentia Avenue and Victoria Street. He reminded Council of their oath of office to obey the laws of the land, pointing out that it is a crime to be in the country illegally. David Stiller, 2879 Regis Lane, Costa Mesa, took exception to Council Member Steel's complaints about the Job Center. He thought that the cost to operate the Center was reasonable, and reported that the City is not authorized to address immigration issues. Phil Morello, Post Office Box 10487, Costa Mesa, applauded Council Member Steel's efforts to rid the City of the Job Center. He believed that the Center hides income from legal garnishment and taxes, enables illegal aliens to work and live in the City, and allows persons to circumvent workman's compensation laws and minimum wage laws. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, supported closure of the Job Center, complaining that it puts the City in a bad position. He suggested addressing loitering problems prior to closure. Bill Turpit, 1772 Kenwood Place, Costa Mesa, maintained that the Job Center is a tremendous asset to the City, citing that it is a practical and effective resource for Costa Mesa employers seeking permanent and temporary workers. He encouraged Council not to raise the nonresident fee to $10.00, and to work towards making the Center more effective. Cathy Waters, 1925 Wallace Avenue, Costa Mesa, suggested that the Job Center be used as a phone-in service, and proposed that if not closed, it could be moved to the west side. Paul Bunney, Post Office Box 11024, Costa Mesa, commented on the loitering problem, and stated that the Job Center is not fulfilling its purpose. He supported closure. The following Costa Mesa residents also addressed closure of the Job Center: Don Elmore, 2209 Wallace Avenue; Chris Eric, 1825 Placentia Avenue; Margaret Morgan, .206 East 15th Street, reporting that it is against Federal law to employ an illegal alien in the United States; Tom Egan, 1893 Parkview Circle; and Eric Bever, 1046 Westward Way, commenting that the Center affects the schools, quality of life, demographics, and desirability of the City. Mayor Cowan expressed interest in establishing a residency program for the Center, rather than increasing the fee for nonresidents. She thought that the Center is an essential component of the day laborer ordinance and an invaluable asset for the community, and did not feel that the options provided by staff were credible. mil MOTION/Continued; A motion was made by Mayor Cowan, seconded by Mayor Pro Gave Directions to Tem Dixon, and carried 4-1, Council Member Steel voting no, to Staff continue this item, directing staff to provide information on how the identification process can be "tightened up"; establish a residency program; determine the relationship of the Job Center to the day laborer ordinance and what "we are able to do"; answer the fundamental question, "Does the Job Center meet the mission as originally set out, and if it does, is it time to change the mission? And how best to do that?"; determine what can be done to focus on ensuring that those being employed by the Center are United States citizens; investigate alternative locations for the Center, and review the proposed fee to be. charged to all employers. Mayor Cowan asked that the continuance be for approximately 45 to 60 days. Council Member Steel opposed the motion, stating that City staff is not the problem as the Center is very well run and well organized. He observed that the Center is incompatible with good schools, good property values, and a ,lower crime rate, and supported closure. He suggested communicating the fact of the Job Center's closure to all Orange County and San Diego County businesses and throughout southern California, all southern California governments, and cities and states south of the border, referring them to cities who maintain a job center. NEW BUSINESS The Deputy City Clerk presented commercial vending vehicles Commercial Vending regulations: Vehicles Regulations An ordinance amending Section 10-370 of the Costa Mesa Municipal Code to change the hours of operation for vending vehicles. Resolution increasing the civil fines for violation of vending vehicle regulations. Consider limiting the number of operator permits issued for vending vehicle operation. The Finance Director reviewed the Agenda Report dated September 10, 2001. Phil Morello, Post Office Box 10487, Costa Mesa, proposed that the City collect sales tax from the vendors. He asked that a minimum response be instituted for complaints, and encouraged a more restrictive policy. Mayor Cowan asked the Development Services Director to ensure that the Police Department, dispatch, and Code Enforcement are responsive to citizen calls during -the weekend. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, proposed modifying the infraction system, changing the wording "may revoke" to "will revoke", limiting the number of permits, and limiting areas in which they operate. Eric Bever, 1046 Westward Way, Costa Mesa, expressed concern regarding foods being sold from shopping carts, pushcarts, and other human propelled devices, observing that the laws are meaningless unless they are enforced. He encouraged Council to ask staff, regarding the Job Center, to investigate enforcement used in the City of Newport Beach. 1 Cathy Waters, 1925 Wallace Avenue, Costa Mesa, agreed with Mr. Bever, and urged Council to approve the proposed changes. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, objected to the vending trucks because of noise from their horns, the visual appearance, the trash, and the fact that they steal business from the fixed -location merchants. Don Elmore, 2209 Wallace Avenue, Costa Mesa, thought that many trucks did not have permits. He suspected that they sell more than produce and doubted that they possess food handling permits. MOTION/Gave A motion was made by Council Member Robinson, seconded by Ordinance 01-25 Mayor Pro Tem Dixon, and carried 4-1, Mayor Cowan voting no, to First Reading give first reading to Ordinance 01-25, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER XXI OF TITLE 10 OF THE,COSTA MESA MUNICIPAL CODE REGARDING COMMERCIAL VENDING VEHICLES HOURS OF PERMISSIBLE OPERATION. Second reading and adoption are scheduled for the meeting of October 1, 2001. Council Member Steel felt that persons from another country have difficulty adjusting because of language and cultural differences, and did not feel that the City is addressing the problem. Mayor Pro Tem Dixon reiterated her request for Council Member Steel to provide Council with programs which outline how illegals could be eliminated from private property, addressing overcrowding in apartments, and loitering. MOTION/Adopted A motion was made by Council Member Robinson, seconded by Resolution 01-66 Mayor Pro Tem Dixon, and carried 4-1, Mayor Cowan voting no, to adopt Resolution 01-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE CIVIL FINES FOR VIOLATIONS OF CHAPTER XXI OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE FOR COMMERCIAL VENDING VEHICLES, amending Schedule 1 to the resolution, Item 3, Collections: "Fines that are delinquent for 60 days or more and total at least 250.00...", and directing staff to ensure that the resolution is strictly construed and strictly enforced. MOTION/Approved A motion was made by Council Member Robinson, seconded by "Three Strike" Law Mayor Pro Tem Dixon, and carried 4-1, Mayor Cowan voting no, to specify that three citations in one year would automatically cause the revocation of a permit. MOTION/Gave A motion was made by Council Member Robinson, seconded by Directions to Staff Mayor Pro Tem Dixon, and carried 4-1, Mayor Cowan voting no, to direct staff to investigate the types of limits which may be placed on the number of operator permits issued for vending vehicle operation, and bring to Council as an "information only" item. The Mayor asked of there was anyone wishing to speak about the MOU. Ed Keane; 2777 Lorenzo Avenue, Costa Mesa, was concerned about the 8Y2 percent increase proposed for police officers, and asked if Council had considered that the increase would actually be ten or twelve percent when the "add-ons" were included. He proposed providing a three or four percent lump sum payment, and the balance in a general increase. M COUNCIL Council Member Robinson commented on the World Trade Center COMMENTS disaster, encouraging a positive stance by the City in support of the World Trade Center President in his 'response to the tragedy. She reported that a list containing suggestions as to what action could be taken to support the victims had been provided to the City, and asked that this be posted on the City's Channel 74. Council Member Steel commended Council Member Robinson and the City Manager for their actions regarding the World Trade Center. Senior Center Ice Mayor Pro Tem Dixon thanked 'Bob and Jeff Teller of the Orange Cream Social County Marketplace for their support of the Costa Mesa Senior Center, reporting on an ice cream social held the previous weekend. She asked that Costa Mesa residents support the President and fly their American -flag. Television Monitors Mayor Cowan asked that staff check the television monitors in the Council Chambers. She noted a positive reaction on the new New Street Signs street signs, reporting on the phased program to install them throughout the City. She suggested interchanging New Business and Old Business on the agenda. The City Manager indicated that the process is simple, and will be initiated. ADJOURNMENT TO At 2:15 a.m., Mayor Cowan adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room B to meet with the City's labor negotiator to discuss the 2001-2004 Memorandum of Understanding with the Costa Mesa Police Association (CMPA): Resolution revising the pay ranges for job classifications represented by the Costa Mesa Police Association to reflect the established labor marketplace pursuant to the MOU. Budget Adjustment No. 02-06 for $1,004,420.00. 2001-2004 Police Discussion took place between Council and the Administrative Association MOU Services Director. No'action was taken by Council. MEETING The Mayor reconvened the meeting at 2:40 a.m. for further RECONVENED discussion and action. MOTION/Approved On motion by Mayor Cowan, seconded by Council Member Steel, MOU; Adopted and carried 5-0, the following action was taken: Resolution 01-67; Approved Adjust- The MOU was adopted. ment No. 02-06 Resolution 01-67 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED ' BY THE COSTA MESA POLICE ASSOCIATION (OMPA) TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 2001-2004 MOU. Budget Adjustment 02-06 was approved. Council Member Robinson commented that she wanted staff to provide a report to the Council after completing a thorough review of all aspects of the methodology used by the City regarding the total compensation process established in Council Policy 300-7, which is currently the basis used to reach the salary adjustment recommendations in the Agenda Report and upon which the City bargained in good faith with the Costa Mesa Police Association and other City bargaining groups. She asked that the report include alternative methods which may be used to determine a fair wage that is more closely tied to Costa Mesa's budget. Council Member Robinson stated that she was concerned with a long term agreement given the tragic events of September 11, 2001, and the economic impact they will undoubtedly have upon the national, state, and local economies. ADJOURNMENT The Mayor declared the meeting adjourned at 2:45 a.m. Mayor of the City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa C ;�