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HomeMy WebLinkAbout10/01/2001 - City CouncilM REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 1, 2001 The City Council of -the City of Costa Mesa, California, met in regular session October. 1, 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 Pro Tem Dixon, a moment of silence was observed for Costa Mesa High School senior Matt Colby, who was injured in a football game and passed away on Saturday, and invocation by the Reverend Sharon Aguilera, Newport -Mesa Christian Center. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Libby Cowan Mayor Pro Tem Linda Dixon Council Member Gary Monahan Council Member Karen Robinson Council Member Chris Steel (arrived at 7:10 p.m.) None City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Assistant to the City Manager Ann Shultz Assistant Planner Wendy Shih Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Council September 17, 2001 Member Robinson, and carried 4-0, Council Member Steel absent, the minutes of the regular meeting -of September 17, 2001, were continued to the meeting of October 15, 2001, in order for staff to provide clarification. ORDINANCES AND A motion was made by Mayor Cowan, seconded by Mayor Pro RESOLUTIONS Tem Dixon, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION_ Mayor Cowan congratulated Corrie Viera, Office Specialist II in the Employee of the Project Administration Division of the Public Services Department, Month on being named Employee of the Month for October, 2001, in recognition of her contributions to the department, and the professional service and attitude she exhibits in her daily business with the community. PRESENTATION Mayor Cowan introduced Dane. Bora, Video Production "Sea to Shining Sea" Coordinator, Telecommunications Division of the Administrative Services Department; who gave a history of the "Sea to Shining Sea" tee shirts being ;printed by the Police and Fire Departments, with the proceeds to benefit city personnel, mainly police and firefighters, in New York after the September 11, 2001, World Trade Center disaster. He presented Brad Long, a member of Video Production, who created the tee shirt and coordinated the 1 1 donation of labor and materials. Mayor Cowan commended Fire Chief Jim Ellis and Police Captain Tom Warnack who were instrumental in producing the shirts. Mr. Bora gave a tee shirt plaque to'the Mayor for her City Hall office. PUBLIC COMMENTS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, related the Davidson Complaints information in a letter pertaining to the Costa Mesa Job Center written by a woman on Whittier Avenue who wished to remain anonymous. Mrs. Davidson complained about a homeless person who spoke at the meeting of September 17, 2001, and objected to being "cut off" by the Mayor during the 3 -minutes allotted under Public Comments. JWA/EI Toro Expan- Charles Griffen, Newport Beach, presented a plan for a reasonable sion alternative airport at EI Toro. He provided a website address of www.ocxeltoro.com, reporting that the proposed realignment of the runways will be more tolerable to residents in the south and relieve the pressure to expand John Wayne Airport (JWA). He indicated that the wind factor estimate, recorded by the United States Navy for 20 years and the basis for the County's plan, is 25 to 30 percent low. Ralph P. Morgan, 206 East 15th Street, Costa Mesa, addressed the "Great Park" proposed by the City of Irvine as a nonaviation reuse alternative for the EI Toro property. Despite claims by the Mayor of the City of Irvine that the park will not be an additional cost to taxpayers, Mr. Morgan maintained that taxpayers indeed will be called upon to contribute. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, congratulated Mayor Cowan on her recent announcement regarding her support of an airport at, EI Toro, specifically a reasonable plan which will take into . account the adjacent neighbors. He encouraged the City to vocally promote the plan, to review the planning process, and to support the alternative presented. He indicated that he is working with the Airport Working Group (AWG) towards this end. Rachel Perez -Hamilton, 266 Brentwood Street, Costa Mesa, accused the City of placing the airport issue last on the agenda to deter interested persons. She addressed the City's previous attempt to contribute $15,000.00 to AWG, which contained a stipulation that an airport at EI Toro not be emphasized, and noted that the offer was subsequently refused. She asked that a petition previously submitted to the City asking for a money contribution to agencies who are educating the County about the EI Toro Airport be placed on the October 15, 2001, agenda. Margaret Morgan, 206 East 15th Street, Costa Mesa, commented on the plan previously presented by Mr. Charles Griffen, stating that she supports the AWG but is not a member. She reported that the City of Irvine spends approximately $10 million per year.to fight an airport at EI Toro. Santa Ana Heights Robert Hanley, 1601 Indus Street, Costa Mesa, stated that airport Annexation expansion is a national issue, not a local one. He commented that 90 percent of Santa Ana Heights residents are opposed to being annexed to Costa Mesa, and asked Council's reasoning on the annexation issue. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, addressed the recent crime committed in Fairview Park, proposing that the perpetrator could be an illegal alien. He reviewed several other crimes allegedly committed by illegals. He reported on a member of the Human Relations Commission, John Rule, who wrote a letter to the Daily Pilot criticizing Chris Steel for his attitude towards illegal aliens, and encouraged Council to ask Mr. Rule to resign should his attitude continue to be intolerant. Elmore Comments Don Elmore, 2209 Wallace Avenue, Costa Mesa, addressed noise in the City such as loud music in neighborhoods and cars, and asked Council to enact legislation to prohibit this situation. He objected to the number of group homes in the City, and supported an airport at EI Toro. Mayor Cowan replied that the City is proactive regarding the group home issue, and suggested that Mr. Elmore contact the City Manager's office. Red Light Cameras Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, read from an article he authored for the Orange County Weekly regarding Council approval at the meeting, of September 17, 2001, of the red light cameras to be, installed at certain City intersections. He thought that the statistical information provided for the eleven busiest intersections did not warrant purchase of the cameras. Public Records Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, addressed a letter she received from the City Attorney's office which indicated that records she had requested on various topics, including the Home Ranch project, would not be available until October 15, 2001, the date Home Ranch may be heard by the City Council. She noticed that a copy of the letter was copied to Brad Hogan, Esq., and asked the identity , of that person. Mayor Cowan responded that Home Ranch will be discussed at the Study Session of October 8, 2001. The City Attorney informed Ms. Genis that Mr. Hogan is special counsel for the City on matters involving Home Ranch. Graham Comments Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported an airport at EI Toro. He addressed the possible bankruptcy of Southern California Edison, and suggested that the City acquire their transmission system. He again proposed building a bridge on West 19th Street, extending to Huntington Beach, and stressed the value of investigating the benefit of a bridge. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 5, Award contract of 200072001 Slurry Seal and Crack Seal, Project No. 01-10, to Pavement Coatings Company, for $144,437.00. MOTION/Approved On motion by Mayor Pro Tem Dixon, seconded by Council Member Except Item No. 5 Steel, 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: Robert Atkins; Richard Carroll Hatch; George Mitchell; Jazlyn Mitchell; Mai Linh Nguyen; James Martinez; Harvey Sandoval; Lupe Amezquita; Rosalba J. Guerrero; Yareli' Hernandez; Manuel Amezquita; Mauricio Flores; Jesse Andy Rodriguez; Sasha Amezquita; Robert Escondon; Lilia Ramirez; Howard V. Toki; Edmund D. Perez; George Hernandez; George Monroy; Armando Sainz Perez; Rocio Jimenez; Ken Self; Sebastian Murillo; Mauricio Mendoza; Arthur R.' Hernandez, Jr.; Theresa Brune -Murillo; Tina Perales-Moser; Rumaldo Pina, Jr.; Jaqueline Quintero; Cesar Lugo; Samuel Quintero; Sonya Jimenez; Mario Nunez; Lorena Maae; Arthur and Maria Barona; Rick Rios; Carmen C. Jimenez; Ruben Jimenez; Angel Ambriz, Jr.; Marc and Fran Moore; Humberto R. Menchaca; Tony T. Maae, Jr.; Eileen Ambriz; Brandon Abblitt; Tonia Abblitt; Anthony Gonzales; and Blanca Gonzales. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Sushi Box Restaurant (formerly Super Teriyaki), 3001 Bristol Street, Suite D, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for a boria fide eating place). Unique, 1562 Newport Boulevard, Suites C and D, for a fiduciary transfer of a Type 42 ABC license (on -sale beer and wine for a public premises). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1867, funding Payroll 119 for $1,756,721.22, 1867/Payroll 119 and City operating expenses for $601,605.31, including payroll ded.uctions. Approved Warrant Warrant Resolution 1868, funding City operating expenses for 1868 $782,802.01. REJECTED CLAIMS The claims from Scott Carr and April Vera (alleging violation of civil CarrNera rights) were rejected. ADMINISTRATIVE Budget Adjustment No. 02-009 was approved for $60,000.00, for ACTIONS/Approved partial funding to purchase two alternative fuel vehicles using Adjustment 02-009 $30,000.00 of Subvention Match Program funds. Approved Budget Budget Adjustment No. 02-010 was approved for $38,606.00, to Adjustment 02-010 fund the first year allocation of the California Integrated Waste to Allocate Grant Management Sixth Cycle Used Oil Recycling Block Grant Funds Funds and unspent Fifth Cycle Used Oil Recycling Block Grant funds. Approved Budget Budget Adjustment No. 02-011 was approved for $30,661.00 for Adjustment 02-011 the California Beverage Container Recycling and Litter Reduction for Recycling Grant Grant for fiscal year 2000-2001. Approved Agreement An agreement was approved with CNC Engineering, Inc., 17 with CNC Engineer- Corporate Plaza Drive, Suite 120, Newport Beach, in an amount ing for Design of a not to exceed $35,230.00, for design and right-of-way engineering Portion of the Joann- services for a portion of the Joann -Miner Alley (Alley No. 19), Miner Alley (Alley located north of Joann Street between Miner Street and No. 19) approximately 650 feet westerly of Miner Street, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. 2001-2004 MOU The following action was taken in regard to the 2001-2004 with CMPMA Memorandum of Understanding (MOU) with the Costa Mesa 'Police Management Association: Adopted MOU The 2001-2004 MOU was adopted. Adopted Resolution Resolution 01-68 was adopted: A RESOLUTION OF THE CITY 01-68 Approving COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Salary Revisions ESTABLISHING THE SALARY RANGE FOR JOB CLASSIFICATION REPRESENTED BY THE COSTA MESA POLICE MANAGEMENT ASSOCIATION TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 2001-2004 MW.' Approved Adjust- Budget Adjustment No. 02-01;3 was approved for $67,307.00. ment No. 02-013 Slurry Seal and Crack Item No. 5 on the Consent Calendar was presented: 2001 Slurry Seal, Project No. Seal and Crack Seal, Project No. 01-10. Tom Egan, 1893 01-10 Parkview Circle, Costa Mesa, expressed concern that only one contractor bid on this project. The Public Services Director replied that this type project. requires completion prior to onset of the winter season, and explained that occasionally bidders do not respond as expected. He suggested that if the bid were to be rejected, a rebid should occur in Spring, 2002. Mayor Cowan confirmed that Costa Mesa tests the product prior to approval which may inhibit some contractors. MOTION/Awarded On motion by Council Member Robinson, seconded by Council Contract to Pave- Member Steel, and carried 5-0, the contract was awarded to ment Coatings Pavement Coatings Company, 5312 Cypress Street, Cypress, for $144,437.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Appeal of Yellow- set for the public hearing to consider an application from Don and stone Drive Tree Trudy Carles, appealing the Parks, Recreation Facilities and Removal Denial Parkways Commission's denial: of their request to have a tree removed from the parkway at 3106 Yellowstone Drive. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated September 24, 2001. The appellants were not present. There being no speakers, the Mayor closed the public hearing. MOTION/Denied On motion by Mayor Cowan, seconded by Council Member Steel, Request and carried 5-0, the action taken by the Parks, Recreation Facilities and Parkways Commission was reaffirmed, denying the request. Council Member Robinson expressed sympathy with the applicants regarding the work presented by the tree. She indicated that she had intended to discuss Agenda Report Alternative 1 with the appellants but since they chose not to attend the meeting, she supported the motion. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Appeal of Cornell set for the public hearing to,consider an application from Michael Drive Tree Removal and Ardith Benzmiller, appealing the Parks, Recreation Facilities Denial and Parkways Commission's denial of their request to have a tree removed from the parkway at 2327 Cornell Drive. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated September 24, 2001. The appellants were not present. There being no speakers, the Mayor closed the public hearing. MOTION/Denied On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, Request and carried 5-0, the action taken by the Parks, Recreation Facilities and Parkways Commission was reaffirmed, denying the request, and staff was directed to work with the resident regarding additional tree pruning and obtaining the material to keep the tree from bearing fruit. m Mayor Cowan understood that final authority for these types of decisions lies with the Parks, Recreation Facilities and Parkways Commission, and directed the Public Services Director to research the issue, providing information on Council's ability to determine if the authority could be directed to the Commission. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Bark Park Dog Limit set for the public hearing to consider an ordinance amending Section 12-42 of the Costa Mesa Municipal Code relating to dogs generally and specifically, adding a limitation on the number of dogs to four per person that may be brought into the Bark Park at one time. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from C. B. Rhoads, via e- mail, opposing the limitation on the number of dogs per person that may be brought into the Bark Park at one time. The Public Services Director summarized the Agenda Report dated September 24, 2001. There being no speakers, the Mayor closed the public hearing. MOTION/Gave A motion was made by Council Member Robinson, seconded by First Reading to Mayor Pro Tem Dixon, and carried 5-0, to give first reading to Ordinance 01-26 Ordinance 01-26: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING AND REPLACING SECTION 12-42 OF THE COSTA MESA MUNICIPAL CODE RELATING TO DOGS GENERALLY AND SPECIFICALLY ADDING A LIMITATION ON THE NUMBER OF DOGS PER PERSON THAT MAY BE BROUGHT INTO THE BARK PARK. Second reading and adoption are scheduled for the meeting of October 15, 2001. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Appeal of PA -01-24, set for the public hearing to consider an application from Mark Les, Les 1525 Mesa Verde Drive East, Suite 209, Costa Mesa, appealing Condition of Approval No. 15 imposed by the Planning Commission for Planning Application PA -01-24, for a conditional use permit to re-establish a liquor store and kitchen/deli in an existing commercial building at the above address, Suite 129, in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Assistant Planner summarized the Agenda Report dated September 24, 2001. Mark Les, the applicant, 1808 Hummingbird Drive, Costa Mesa, explained that Condition of Approval No. 15 prohibits the sale of any single serving of beer less than two gallons. He reported that there are a variety of containers included in this restriction, and imposing the condition will place the operator of the store at an extreme disadvantage. Regarding the concerns about loitering and drinking beer, he assured Council that the operator is a hands- on manager who polices the store, and there is on-site security. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, opposed single can/bottle sales, alluding to the number of "bums" located within the City. He proposed that the option of selling single -serving containers should be taken away from the adjacent 7 -Eleven Store and Party Time Liquor. Robin Leffler, 3025 Samoa Place, Costa Mesa, supported retaining Condition of Approval No. 15. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, suggested researching if there .have been complaints or police actions in connection with the store, and opposed taking a negative action unless it is warranted. There being no other speakers, the Mayor closed the public hearing. Michael Schrock, 27,1 Walnut Street, Costa Mesa, authorized agent, clarified that they had not recommended to staff that the property be rezoned, and commented that they had met with staff to resolve any parking problems. The following Costa Mesa residents opposed the proposed rezone and project for 257 Cecil Place:, Timothy Earl Fitzwaler, 275 Cecil Place, commented on increased traffic, decreased parking, and the loss of privacy; Polly Hendriks, 2239 Catherine Place, addressed spot zoning in the neighborhood; Michelle Hauser, Santa Ana Avenue, addressed increased traffic and congestion; Carl Lachman, 262 Cecil Place, stated that the project is inconsistent with the neighborhood, and density will be increased; Jo Hendriks, 2239 Catherine Place; stated that the project was not in compliance with General Plan Objective 8A which establishes 1 1 Mayor Pro Tem Dixon, opposed single -serving sales in general, but supported allowing this owner to be competitive. MOTION/Adopted A motion was made by Mayor Pro Tem Dixon, seconded by Resolution 01-69 Council Member Monahan, and carried 3-2, Council Members Robinson and Steel voting no, to adopt Resolution 01-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-24, deleting Condition of Approval No. 15. ANNOUNCEMENT Mayor Cowan announced that the applicants for the following public hearing have requested a continuance to the meeting of November 5, 2001, in order to address redesign issues. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Rezone Petition set for the public hearing to consider Rezone Petition R-01-04, for R-01-04, Howser/ Fritz Howser and Michael Schrock, authorized agents for Phil Schrock Wade, to rezone property at 257 Cecil Place from R1 to PDR -LD; and Planning Application PA -01-26, for a planned development to allow construction of two additional two-story, single-family dwellings behind an existing single-family dwelling at the above address. Environmental Determination: Exempt. The Affidavit of Publication in on file in the City Clerk's office. A communication was received from Carl and Marcia Lachman, 262 Cecil Place, Costa Mesa, opposing the project. The following communications were received from Costa Mesa residents in support of the project: Steven R. Grecco, owner of property at 250 Cecil Place; John Dishon, 241 Knox Place; Gary Williamson, 281 Brentwood Place; resident at 589 Park Drive; Byron Wineke, 299 Broadway; Andrea Drakeford, 437 East Bay Street; James Drakeford, 437 East Bay Street; Telford Cottam, 2011 Poloma Drive; Monica Cottam, 2011 Poloma Drive; and Michele' Ranken, 234 Virginia Place. Communications were received from the law office of Maher & Maher, 505 South Main Street, Suite 800, Orange, representing the Herring family Trust, owner of property at 258 Virginia Place: one letter requesting a two-week continuance, a second letter withdrawing the request for a continuance; and a third letter containing reasons why the project should be denied. A communication was received from Fritz Howser, authorized agent for Phil Wade, requesting a continuance to the meeting of November 5, 2001. The Development Services Director reviewed the Agenda Report dated September 25, 2001. Michael Schrock, 27,1 Walnut Street, Costa Mesa, authorized agent, clarified that they had not recommended to staff that the property be rezoned, and commented that they had met with staff to resolve any parking problems. The following Costa Mesa residents opposed the proposed rezone and project for 257 Cecil Place:, Timothy Earl Fitzwaler, 275 Cecil Place, commented on increased traffic, decreased parking, and the loss of privacy; Polly Hendriks, 2239 Catherine Place, addressed spot zoning in the neighborhood; Michelle Hauser, Santa Ana Avenue, addressed increased traffic and congestion; Carl Lachman, 262 Cecil Place, stated that the project is inconsistent with the neighborhood, and density will be increased; Jo Hendriks, 2239 Catherine Place; stated that the project was not in compliance with General Plan Objective 8A which establishes 1 1 policy standards and procedures to maintain the integrity of stable neighborhoods, and is not compatible with the identity or nature of this R1 neighborhood; Bettelee Doughty, 252 Virginia Place, encouraged retaining the R1 designation; Charlotte Alexander, 347 Vista Baya; Richard Brown, 228 Cecil Place, objected to the zone change stating that it sets a bad precedent; Robin Leffler, 3025 Samoa Place, felt that allowing multiple houses on this lot might grant a special privilege for the property inconsistent with the limits on other properties in the neighborhood; Russell O'Hare, 265 Cecil Place, addressed the privacy issue; a resident on San Bernardino Place; Miah Bradbury, 246 Virginia Place; Francesca Leal, 253 Cecil Place; Chris Ohlhaver, 240 Virginia Place, supported retaining the R1 designation, and referred to a petition he circulated with 39 signatures; Leslie Leal, 253 Cecil Place; Mark Ruiz, 251 Virginia Place; Elizabeth McGrail, 266 Virginia Place; Michele Herring, 258 Virginia Place; Wayne Kastner, 2240 Jeanette Place, thought that the. three proposed homes would not fit with the nature of the community; Darren O'Leary, 2236 Jeanette Place; and Michael Johnson, 288 Virginia Place, felt that the homes would not contribute to the stability of the area. Jeff Robinson, 365 Ramona Way, Costa Mesa, supported the applicant in his endeavor to upgrade the property which will contribute to improving the nature of Costa Mesa. Russell McCardle, 242 Robin Hood Lane, Costa Mesa, supported the project, stating that it will enhance the beauty of the street. Mayor Cowan observed that Council had been clear about preserving R1 zoning wherever possible. She addressed annexation properties which are relatively close, stating that they had been promised retention of existing zoning, and expressed uncertainty as to the message being sent should this property be rezoned. She proposed addressing the "rear yard to rear yard" concept so neighboring homes have the protection of an appropriate rear yard setback, and noted that the City does not have a development standard or zoning code which requires street frontage. Mayor Cowan asked that staff investigate the possibility of requiring minimum frontage on the street. MOTION/Continued A motion was made by Mayor Cowan, seconded by Council to November 5, 2001 Member Steel, and carried 5-0, to continue the public hearing to November 5, 2001, stipulating that if the application is substantially different or the project comes in as a new application without a rezone, that it be returned to the Planning Commission for consideration. Mayor Pro Tem Dixon asked the Development Services Director to determine if this type of development is legal in any other city. Council Member Robinson commented that even if the owner could get three lots of 6,000 square feet on this property, whatever they propose to develop will not be compatible with the surrounding neighborhood because of the sheer density on the lot. She encouraged the owner and developer to think about compatibility as the project is revised. RECESS The Mayor declared a recess at 9:00 p.m., and reconvened the meeting at 9:10 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of September Rezone Petition 17, 2001: R-01-01 Second reading and adoption of Ordinance 01-23, prezoning unincorporated territory along the eastern boundary of the City by approval of Rezone Petition R-01-01% Second reading and adoption of Ordinance 01-24, prezoning unincorporated territory along the eastern boundary of the City by approval of Rezone Petition R-01-02. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the annexations. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by, Council Resolutions 01-23 Member Robinson, and carried 4-1, Council Member Monahan and 01-24 voting no, the following ordinances were given second reading and adopted: Ordinance 01-23, AN ORDINANCE OF THE CITY COUNCIL OF THE ' CITY OF COSTA MESA, CALIFORNIA, PREZONING UNINCORPORATED TERRITORY ALONG THE EASTERN BOUNDARY OF. THE CITY; SOUTH OF MESA DRIVE, BY APPROVAL OF REZONE PETITION R-01-01. Ordinance 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. OLD BUSINESS The Deputy City Clerk presented from the meeting of September Commercial Vending 17, 2001, second reading and adoption of Ordinance 01-25, Vehicles Hours of regarding commercial vending vehicles' hours of permissible Operation operation. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-25 Steel, and carried 5-0, 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, was given second reading and adopted, and staff was directed to return within 60 days with a report providing information regarding the traffic safety study and products allowed to be sold by the vending trucks. OLD BUSINESS The Deputy City Clerk presented the job description for the Fairview Park Plan Fairview Park Plan Administrator as a full time, limited term Administrator position; and a resolution establishing the pay range for that position. The Public Services Director summarized the Agenda Report dated September 24, 2001. He and the Administrative Services Director responded to questions from Council. Council Member Robinson expressed concern regarding the job description, as well as the amount of money for the position. She thought that the person who assumes this job would be responsible for dealing with restoration, preservation, and erosion prevention issues, but noted that the job description includes items such as "actively researching and pursuing grant funding for construction and preservation. of all elements of the park, overseeing all funds allocated for implementation of the plan, preparing annual budgets, etc.", and wondered when the person would have time to return the park to its natural state. Council Member Robinson .thought that the job description creates an ZIM administrative position rather than a hands-on park naturalist. Mayor Cowan replied that this item is designed to move towards restoration and rehabilitation of the park. She believed that the position is designed to be hands-on with the authority to move forward on recommitting to the master plan, seeking out grant funding, and addressing issues of restoration and rehabilitation of the park, including erosion. Council Member Robinson addressed the "Education, Training, and/or Experience" qualifications, stating that the requirements do not include hands-on experience in the field of restoration, preservation, and erosion prevention, and proposed adding hands-on experience as a requirement in the "Education, Training..." section, as well as some of the things that are specified in the "Requisite Knowledge and Skill Level" section. She did- not think that the park needed work totaling $550,000.00, nor a $113,000.00 full-time position. Doug Sutton, 2739 Canary Drive, Costa Mesa, suggested hiring a gentlemen from the Environmental Nature Center who meets the criteria for the position, bringing credibility, references, experiences, and accomplishments. Mr. Sutton extolled the virtues of this gentleman. Mayor Cowan explained that the City is governed by a code which stipulates the process whereby the person for a position such as the naturalist is selected. She objected to tailoring the job for the individual. Robert Graham, 3260 Dakota Avenue, Costa Mesa, was doubtful about the success of the naturalist, asking why the entire site needed to be "natural'. He provided pictures of the Costa Mesa Farm Site, suggesting that portions of Fairview Park could be used for youth sports programs. Mayor Cowan expressed surprise that Mr. Graham would suggest soccer and baseball fields for Fairview Park. Mayor Cowan did not support active sports use at Fairview Park. She stated that it is time to move forward with the Fairview Park Master Plan. Motion to Approve A motion was made by Mayor Cowan, seconded by Mayor Pro Failed to Carry Tem Dixon, to approve the job description for the Fairview Park Plan Administrator, authorize this position as a full time, limited term position, and approve the attached resolution establishing a pay range for the position, adding under Education, Training and/or Experience, "minimum of four years hands-on experience in restoration, rehabilitation of parkland and wetland," and adding under Requisite Knowledge and Skill Level, "Materials, equipment, methods, and practices essential to the restoration and rehabilitation of parks and related facilities." The motion failed to carry 3-2, Council Members Monahan, Robinson, and Steel voting no. Mayor Pro Tem Dixon thought that the project had been in limbo too long, and supported someone devoting time to educate the community, move the project forward, and oversee the operation and maintenance of the park. Council Member Steel agreed with the goals but suggested a part-time employee. Council Member Robinson opposed the motion, reminding Council that a prior vote indicated interest in a part-time position for the park, and believed that a part-time person would be more than sufficient to keep and improve the park. Council Member Monahan opposed the motion, suggesting that the full-time issue be revisited should the part-time employee prove inadequate. MIR MOTION/Approved A motion was made by Mayor' Cowan, seconded by Mayor Pro Administrator Posi- Tem Dixon, and carried 5-0, to approve the job description for the tion; Adopted Fairview Park Plan Administrator, authorize this as a full- or part - Resolution 01-70 time position, preferably part time, limited term position, adding under Education, Training and/or Experience, "minimum of four years hands-on experience in restoration, rehabilitation ,of parkland and wetland," and adding under Requisite Knowledge and Skill Level, "Materials, equipment, methods, and practices essential to, the restoration and rehabilitation of parks and related facilities."; and to adopt Resolution 01-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A NEW EXECUTIVE JOB CLASSIFICATION AND SALARY RANGE. Council Member Robinson referred to Attachment 5 to the Agenda Report, Hiring Options for Proposed Fairview Park Plan Administrator (Park Naturalist) Position, suggesting that the estimated time required, Item 3, be changed from 48 to 36 months. Mayor Cowan concurred with this addition to the motion. Council Member Monahan supported the amendment to the motion. NEW BUSINESS The Deputy City Clerk presented the proposed contract for a City City Newsletter newsletter, Council Objective 01-E5: selection of Ideal Printing Company to create, produce, and distribute a bi-monthly city newsletter at an annual cost of $58,590.00; grant authority for the City Manager or his designee to negotiate and finalize a contract with Ideal Printing Company for the above services, subject to approval from the City Attorney's office; and revisions to Council Policy 000-6 regarding the City Newsletter. A communication was received from Neal Leavitt Communications, 5221 Olive Hill Road, Fallbrook, stating that if he is selected, he could still target a year- end holiday issue. The Assistant to the City Manager summarized the Agenda Report dated September 24, 2001. Ralph P. Morgan, 206 East 15th Street, Costa Mesa, questioned the concept of an outside company creating a newsletter for the City. He objected to spending $58,000.00 for a "printing job". MOTION/Approved A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Newsletter Cowan, and carried 5-0, to approve the selection of Ideal Printing Company, to grant authority for the City Manager or his designee to negotiate and finalize the contract, and to revise Council Policy 000-6 regarding the City newsletter. NEW BUSINESS The Deputy City Clerk presented a resolution in support of the Resolution in Support President and Congress of the United States of America in the of President and wake of the terrorist actions against the people of the United Congress States on September 11, 2001. Council Member Robinson reported that she had initiated this resolution to show support of the nation's leaders, in light of the September 11, 2001, attack on New York City and the country. 'She indicated that after the attack, the country has come together as one nation and as one people. In taking on the task of finding those responsible for this action and bringing them to justice, she stated that the nation's leaders have reminded the people that the battle is with terrorists not any particular religion or race of people. She reminded the audience that we must be respectful of everyone's civil rights. Council Member Steel asked if special mention of New York City's mayor and the governor of the state could be added to the resolution, along with mention, of the hundreds of police and firefighters who sacrificed their lives. Council Member Robinson v'� sr- 1►s . replied that she would be willing to listen to any suggested revisions. She reported revisions to the resolution made at the study session prior to the meeting as follows: Page 2, Paragraph 1, "...so too is our nation's steadfast resolve to bring justice..."; deleting the "BE IT FINALLY RESOLVED..." paragraph, ending with the previous paragraph by inserting, "BE IT FINALLY RESOLVED that in the aftermath of this assault on the United States,...". Mayor Pro Tem Dixon asked that the resolution include in the last paragraph an entreaty to, "...ask one another to have patience with and compassion for our fellow man as we work together as a community." Ralph P. Morgan, 206 East 15th Street, Costa Mesa, supported the resolution. MOTION/Adopted A motion was made by Council Member Robinson, seconded by Resolution 01-71 Council Member Steel, and carried 5-0, to adopt Resolution 01-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN SUPPORT OF THE PRESIDENT AND CONGRESS OF THE UNITED STATES OF AMERICA IN THE WAKE OF THE TERRORIST ACTIONS AGAIN THE PEOPLE OF THE UNITED STATES ON SEPTEMBER 11, 2001, noting that the City Manager and Council Member Robinson will incorporate the revisions noted by Council Member Steel and Mayor Pro Tem Dixon. NEW BUSINESS The Deputy City Clerk presented the Centerline preliminary Centerline Pre- engineering study involving the cities of Costa Mesa, Irvine, and liminary Engineering Santa Ana. Mayor Cowan reviewed the Agenda Report dated Study September 24, 2001. The following persons supported the Centerline project: Frank Forbath, 2880 Club House Road, Costa Mesa, believed it to be an improved system to manage increased population; Jane Reifer, 149 West Whiting Avenue, Fullerton, representing Transit Advocates of Orange County; Linus Tauro, 1321 Verano Place, Irvine, stated that it will be an asset to the community and improve the quality of life; Daniel Walker, 7416 West 82nd Street, Los Angeles, representing the Sierra Club, cited improved mobility and reduced air pollution; Roy Shabbaziem, 3808 East Palm Avenue, Orange, noted improved alternatives for Costa Mesa residents, and asked Council to urge the Orange County Transit Authority to start preliminary engineering; Barry Christensen, 324 North Balcom Avenue, Apartment B, Fullerton, representing Transit Advocates of Orange County, provided a website address, www. rail advocates. org, and reported that a tour of the San Diego Light Rail System will be conducted on Saturday, October 27, 2001; and Tom Egan, 1893 Parkview Circle, Costa Mesa, suggested extending the system to Newport Beach. Ralph P. Morgan, 206 East 15th Street, Costa Mesa, thought that the Centerline project would be of no value to Costa Mesa. MOTION/Supported A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Letter to OCTA Cowan, and carried 5-0, to support forwarding a letter to the Regarding Centerline Orange County Transportation Authority (OCTA) requesting commencement of the preliminary engineering for a revised Centerline project, contingent upon approval by Santa Ana and Irvine; and the Mayor was authorized to sign on behalf of the City. a NEW BUSINESS The Deputy City Clerk presented a resolution reordering the City Council Agendas placement of items on City Council agendas. MOTION/Item On motion by Mayor Cowan; seconded by Council Member Withdrawn Monahan, and carried 5-0, this item was withdrawn. CITY ATTORNEY'S The City Attorney presented the conference with the labor REPORT negotiator: City designated representative — Steve Hayman; Costa Mesa Police regarding employee organization — Costa Mesa Police Association. Association He explained that this item was placed on the agenda to prevent the possible filing of a lawsuit challenging the procedure followed by the City Council at the meeting of September 17, 2001, where an urgency item was added to the agenda allowing Council to adjourn to a closed session to review the MOU for the Costa Mesa Police Association. MOTION/Adopted On motion by Council Member Monahan, seconded by Mayor Pro Recommended Tem Dixon, and carried 5-0, the recommended action was Action adopted. CITY ATTORNEY'S The City Attorney presented 2001-2004 Memorandum of REPORT/ CMPA Understanding (MOU) with the Costa Mesa Police Association MOU (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; and Budget Adjustment No. 02-06,for $1,004,420.00. MOTION/Ratified On motion by Council Member Monahan, seconded by Council Adoption of Salary Member Steel, and carried 5-0, prior approval of the 2001-2004 Resolution MOU with the CMPA'was ratified; prior adoption of the resolution revising pay ranges was ratified; and prior approval of Budget Adjustment No. 02-06'was ratified. CITY ATTORNEY'S Regarding his request for Closed Session pursuant to Government REPORT/CMPA Code Section 54957.0, to conference with the labor negotiator: City designated representative — Steve Hayman; regarding employee organization — Costa Mesa Police 'Management Association, the City Attorney withdrew his request in view of the action taken under the Consent Calendar. MOTION/Withdrawn On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, and carried 5-0, this item was withdrawn. CITY MANAGER'S The City Manager reported on his contact with the County of REPORT/Town Orange to arrange a town hall meeting relative to aviation facility Hall Meeting Re- development, specifically a presentation on the EI Toro Marine garding the Airports Corps Air Station conversion, as well as discussion and presentation on the John Wayne Airport (JWA) settlement agreement. He indicated that a tentative presentation has been scheduled for the evening of Thursday, October 25, 2001, with the County making a presentation on EI Toro, and the City of Newport Beach making a presentation on the JWA settlement agreement extension. Mayor Cowan confirmed with Council Member Robinson that she.was interested in moderating the event. COUNCIL In relation to relocation of the 'Costa Mesa Job Center, Council COMMENTS Member Robinson asked about open property in the Harbor Costa Mesa Job Gateway area, suggesting that ,the Center could be moved to a Center trailer placed on the property, assigning one person to man the Center, moving it away from the west side but still providing the service. 1 1 1 1 C 1 Volunteer Recogni- Mayor Pro Tem Dixon commended Costa Mesa resident Ruth tion Dutro for her 10,000 volunteer hours of community service at Companion Hospice. She showed an article in Women's Wear Costa Mesa Adver- Daily which mentioned Costa Mesa, advertising for South Coast tising Plaza also mentioning the City, and another ad highlighting Costa Mesa. Harbor Boulevard Wall Mayor Cowan thanked staff for work on the Harbor Boulevard wall between Princeton Drive and Merrimac Way. She reported that she had met with the cities of Newport Beach, Orange, Santa Ana, JWA Settlement Tustin, and Anaheim, regarding the efforts of the City of Newport Agreement Beach on the JWA settlement agreement. She commented that Newport Beach has asked for Costa Mesa's support and participation in getting the word out about the agreement, the options contained therein, and is asking the corridor cities to support Alternative A. Mayor Cowan reported that there were two items at the Orange County Council of Governments meeting last week that she would like the Public Services Director to investigate, specifically infrastructure bills which are coming forward from the State Waste Management Board which will be very expensive. ADJOURNMENT The Mayor declared the meeting adjourned at 10:55 p.m. Mayor of the City of Costa Mesa ATTEST: 71 Deputyi Clerk of the City of Costa Mesa 0