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
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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.
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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
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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
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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
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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.
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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
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