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HomeMy WebLinkAbout12/17/2001 - City CouncilREGULAR MEETINGOF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 17, 2001 The City Council of the City of Costa Mesa, California, met in regular session December 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 Pro Tem Monahan, and a moment of silence was observed. ROLL CALL Council Members Present: Mayor Linda Dixon Mayor Pro Tem Gary Monahan Council Member Libby Cowan 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 Senior Planner Kim Brandt Associate Planner Mel Lee Associate Engineer Raja Sethuraman Assistant Engineer Dennis Johnson Parks Project Manager Dave Alkema Assistant City Engineer Ernesto Munoz Police Lieutenant Karl Schuler Finance Director Marc Puckett Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Cowan, seconded by Council November 13, 2001, Member Robinson, and carried 5-0, the minutes of the special December 3 and 10, meeting of November 13, 2001., regular meeting of December 3, 2001 2001, and special meeting of December 10, 2001, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Council Member Robinson, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Dixon removed Item No. 9 from the Consent Cal6ndar: Item No. 9 Removed Retirement of Police service dog, Nero Il, and purchase agreement from Consent Calen- for the sale of Nero II to Senior ;Police Officer Paul Dondero. She dar commended Officer Dondero, Sergeant Robert Phillips, and Nero II for their dedication to duty and for helping to make Costa Mesa a safer community. MOTION/Approved On motion by Council Member Cowan, seconded by Council Agreement Member Steel, and carried 5-0, the purchase agreement was approved, and the Police Chief was authorized to sign on behalf of the City. 1 1 1'73 PUBLIC COMMENTS Russ. Niewiarowski, 20102 Kline Drive, Santa Ana Heights, JWA Expansion enumerated his priority list of concerns for Costa Mesa as being the future of John Wayne Airport (JWA), to ensure that the airport is located closer to EI Toro Marine Corps Air Station, and repair of the City's potholes. He complained that the residents of Santa Ana Heights have been excluded from discussions regarding the future of JWA. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, in reference to the mailing on the subject of the expansion of JWA, reviewed the various scenarios regarding airport additions. He commented that the only manner in which to resist changes at JWA is to support an airport at EI Toro. Home Ranch Project Paul Flanagan, 3090 Bali Circle, Costa Mesa, accused the City of delaying the decision on the Home Ranch project, and complained that the City Clerk's office had withheld information regarding the referendum procedure. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, commented on a study linking air pollution and birth defects, relating this issue to the additional traffic generated by approval of Home Ranch. He reported that he had received a letter from "Costa Mesa United", a group of Costa Mesa citizens who are proponents of Home Ranch, noted that the back of the envelope read "C. J. Segerstrom and Sons", and questioned the connection between the two organizations. Mr. Millard objected to soccer being played at Paularino Park, and suggested posting a sign which prohibits this activity. Lions Park Associa- Debby Koken, 1778 Kenwood Place, Costa Mesa, member of the tion/Park Watch Lions Park Association, indicated that members of the Park Watch group were present to provide their first semi-annual report. She stated that the group monitors Lions Park for maintenance and safety issues, and information gathered at the park is compiled into a data base. Brian Todd, 1845 Anaheim Avenue, No. 3A, Costa Mesa, member of the Lions Park Association/Park Watch, showed pictures of the park and commented on the good working relationship between the Association and City staff. He reported their goal to work with the Transportation Division to install speed humps on Anaheim Avenue and Center Street. Walt Hollowell, 1798 Kenwood Place, Costa Mesa, member of the Lions Park Association/Park Watch, addressed maintenance issues at the park. He provided photographs which illustrate the - pigeon problems in the park, the need to resurface pillars and repair rafters, and the concrete erosion near the airplane. He reported that the sand in the tot lot needs to be replaced. Mr. Hollowell asked that repair of the above items be funded in next year's budget process. Home Ranch Referen- Cindy Brenneman, 1856 Elba Circle, Costa Mesa, asked that the dum City provide the deadline for submitting the paperwork for a referendum on the Home Ranch project. The City Manager replied that it is not a practice for his department to offer opinions on that which is a matter of law, and declined to speculate. Ms. Brenneman pursued the question, and the City Attorney suggested that the individuals who are circulating the petition, as well as anyone opposed, should seek their own legal counsel. Council x_74 Member Robinson asked if it is the responsibility of the City Clerk's office to provide this factual 'information. The City Attorney reiterated his suggestion that individual legal advice be sought. Mayor Pro Tem Monahan clarified for Council Member Steel that the City is not aware of the exact date for the deadline at this time. Graham Comments Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented on adversity in other, cities, citing an article in the Los Angeles Times regarding the Mayor 'of Georgetown, Colorado. He encouraged Council to support an airport at El Toro, and supported construction of a ballfield at Lions Park. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Completion of Fairview Park Restroom, Pavilion, and Kiosk Improvements, Project No. 00-08; Item No. 6, Completion of Citywide Annual ADA Improvements, Project No. 00-12; and Item No. 10, Circle of Service nomination for Nate Reade. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Except Item Nos. 5, Member Cowan, and carried 5-0, the remaining Consent Calendar 6, and 10 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Celia Little; and Jose Torres. Alcoholic Beverage Request for an Alcoholic Beverage Control (ABC) License from License Niko Niko Sushi, 2300 Harbor Boulevard, Suite N5, 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 1878, funding City operating expenses for 1878 $976,441.36. Approved Warrant Warrant Resolution 1879, funding Payroll 125 for 1879/Payroll 125 $1,840,918.31, and City operating expenses for $1,089,532.63. REJECTED CLAIM The claim from Brian Rouse (alleging dangerous condition of Rouse public property) was rejected. ADMINISTRATIVE Bids for Replacement of Hallway and Lobby Tile at the ACTIONS/Awarded Neighborhood Community Center, 1845 Park Avenue, Project No. Contract for Replace- 01-14, are on file 'in the City Clerk's office. The contract was ment of Tile at NCC, awarded to Angeles 'Contractor, 12692 Hoover Street, Garden Project No. 01-14, to Grove, for $59,125..00,, and the Mayor and Deputy City Clerk were Angeles Contractor authorized to sign on behalf of the City. Approved Agreement An agreement was approved with PRAEDIUM, Inc., 2030 Main with PRAEDIUM for Street, Irvine, for design of Placentia Avenue rehabilitation from the Design of Placentia southerly City limits to 17th Street and from Hamilton Street to Avenue Rehabilitation Wilson Street, for an amount not to exceed $143,770.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreements Grant of Easement and Right of Entry agreements, Deed Nos. for Alley No. 66 3460, 3461, 3462, and 3463, were approved for Alley No. 66, located between Palmer and Knox Streets, extending approximately 275 feet southeast of Westminster Avenue, and the Mayor was authorized to sign on: behalf of the City.. 1 1 s Completion of Fair- Item No. 5 on the Consent Calendar was presented: Completion view Park Restroom, of Fairview Park Restroom, Pavilion, and Kiosk Improvements, Pavilion, and Kiosk, Project No. 00-08, by D.T.K. Construction, Inc., 2580 Corporate Project No. 00-08, by Place, Suite F103,Monterey Park. 'Robert Graham, 3260 Dakota D.T.K. Construction Avenue, Costa Mesa; stated that the improvements have long been needed, and 'asked the City to contribute to the funding for MOTION/Accepted the Huscroft House. On motion by Council Member Cowan, Work seconded by Mayor Pro Tem Monahan, and carried 5-0, the work was accepted; the Deputy 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 thereafter. Completion of ADA Item No. 6 on the Consent Calendar was presented: Completion Improvements, Pro- of Citywide Annual ADA Improvements, Project No. 00-12, by S. ject No. 00-12, by Parker Engineering, Inc., 10059 Whippoorwill Avenue, Fountain S. Parker Engineering Valley. Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a photograph of a recently constructed ADA ramp at City Hall, and encouraged Council .to approve a similar ramp at Fairview Park. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, concurred with Mr. Graham's concern regarding handicap access at Fairview Park, specifically the lower portion of the MOTION/Accepted westerly side. On motion by Mayor Pro Tem Monahan, seconded Work by Council Member Cowan, and carried 5-0, the work was accepted; the Deputy 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 thereafter. Nate Reade "Circle of Item No. 10 on the Consent Calendar was presented: Circle of Friends" Nomination Service nomination for Nate Reade. Council Member Steel commended Mr. Reade for having a "brilliant record" in the City, and expressed pleasure at his having been nominated for this honor. Mayor Pro Tem Monahan concurred with Council Member Steel, and announced that if approved, the ceremony would take place in February, 2002. He read a list of Mr. Reade's MOTION/Approved contributions to the community. On motion by Council Member Nomination Steel, seconded by Council Member Cowan, and carried 5-0, the nomination was approved. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Development Stan- set for the public hearing to consider an ordinance amending Title dards 13 of the Costa Mesa Municipal Code regarding regulations relating to development standards for liquor stores, .convenience stores, and mini -markets. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Associate Planner reviewed the Agenda Report dated December 10, 2001, and responded to questions from Council. There being no speakers, the Mayor closed the public hearing. MOTION/Gave First A motion was made by Council Member Robinson, seconded by Reading to Ordinance Council Member Steel, and carried 5-0, to give first reading to 01-30 Ordinance 01-30, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO LIQUOR STORE, CONVENIENCE STORES, AND MINI - MARKETS. Second reading and adoption are scheduled for the meeting of January 7, 2002. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place R-01-05, Winebright set for the public hearing to consider Rezone Petition R-01-05, for Chester M. Winebright, to rezone property at 115 East Wilson Street/2340 Newport Boulevard; from C1 (Local Business District) to R2 -MD (Multiple -family Residential District — Medium Density). Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Associate; Planner summarized the Agenda Report dated December 10, 2001, and responded to questions from Council. Council Member Robinson expressed concern regarding the parking requirements,. and was reassured by the Associate Planner that the conceptual plan complies with the parking criteria and is subject to the public review process if the rezone application is approved. He addressed issues involving the public alley behind the subject property. Chester Winebright, 5044 - Avenida del Sol, Laguna Woods, the applicant, reported that the property is not being used properly and is a dumping ground. Chuck King, 29592 Waterbury Lane, Huntington Beach, the developer, noted that the property is surrounded by residential, commenting on the owner's willingness to maintain the alley. Council Member Steel approved of the proposed rezone, and suggested that the owner/developer consider constructing affordable housing for senior citizens in a future project. Martin Millard, 2973, Harbor Boulevard, No. 264, Costa Mesa, proposed upgrading the alley by using cobblestones and perhaps adding the name "Wilson Mews". There being no other speakers, the Mayor closed the public hearing. MOTION/Gave A motion was made by Council Member Monahan, seconded by First Reading to Council Member Steel, and carried 5-0, to give first reading to Ordinance 01-31 Ordinance 01-31, AN, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REZONING 115 EAST WILSON STREET AND 2340 NEWPORT BOULEVARD FROM C1 TO R2 -MD BY ADOPTION OF REZONE PETITION R- 01-05. Second reading and :adoption are scheduled for the meeting of January 7, 2002. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place 2000 General Plan, set for the public hearing to consider Final Program Environmental EIR No. 1049 Impact Report (EIR) No. 1049 -for the City of Costa Mesa 2000 General Plan update.; The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Senior Planner reported that staff is recommending that this public hearing, as well as public hearing Nos. 4, 5, and 6, be continued for 30 days due to the pending referendum on the Home Ranch project and issues with the 2000: General Plan. MOTION/Continued A motion was made by Mayor ' Pro Tem Monahan, seconded by to January 22, 2002 Council Member Cowan, and carried 5-0, to continue this public hearing to the meeting of January 22, 2002. 177 PUBLIC HEARING The Deputy City Clerk announced that this is the time and place 2000 General Plan set for the public hearing to consider General Plan Amendment GP -01-01 GP -01-01 for the City of Costa Mesa 2000 General Plan. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. Robert Graham, 3260 Dakota Avenue, Costa Mesa, felt that the Master Plan of Bikeways has been destroyed by the General Plan, and objected to denying access to Fairview Park via Canary Street. MOTION/Continued A motion was made by Mayor Pro Tem Monahan, seconded by to January 22, 2002 Council Member Steel, and carried 5-0, to continue this public hearing to the meeting of January 22, 2002. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place GP -01-04, City of set for the public hearing to consider General Plan Amendment Costa Mesa GP -01-04 and Rezone Petition R-01-06, for the City of Costa Mesa, to change the land use designation of 1900 and 1904 Federal Avenue from General Commercial to Low Density Residential; and to rezone from C1 (Local Business District) to R1 (Single-family Residential District). Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. Mayor Pro Tem Monahan suggested addressing, along with this application, the rezone to a residential designation of the transition zone to the west of the subject property. MOTION/Continued A motion was made by Mayor Pro Tem Monahan, seconded by to January 22, 2002 Council Member Steel, and carried 5-0, to continue this public hearing to the meeting of January 22, 2002, directing staff to initiate a study for rezoning the transition zone. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place GP -01-05, City of set for the public hearing to consider General Plan Amendment Costa Mesa GP -01-05, for the City of Costa Mesa, to change the land use designation of 2651 Irvine Avenue from Medium Density Residential to General Commercial. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. Mayor Pro Tem Monahan asked staff to provide information on the commercial rights the property owner now enjoys under the County jurisdiction as compared to the City's general commercial designation. MOTION/Continued A motion was made by Mayor Pro Tem Monahan, seconded by to January 22, 2002 Council Member Steel, and carried 5-0, to continue this public hearing to the meeting of January 22, 2002. OLD BUSINESS The Deputy City Clerk presented preparation of the Bristol Street Bristol Street Specific Specific Plan. The Associate Planner summarized the Agenda Plan Report dated December 10, 2001. Paul Flanagan, 3090 Bali Circle, Costa Mesa, proposed allowing the property owners to make the decisions regarding their property. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked if bicycle facilities will be considered. 178 Allan Mansoor, 2973, Harbor Boulevard, No. 406, Costa Mesa, thought that other streets in the City should be addressed, such as Harbor Boulevard. Council Member Steel hoped ',that the above gentlemen would apply for the committee, as well as the owners of property on Bristol Street, tenants, and residents. MOTION/Appointed A motion was made by Mayor Dixon, seconded by Mayor Pro Tem Members to the Monahan, and carried 3-2, Council Members Cowan and Robinson Bristol Street Specific voting no, to appoint the following members to the Bristol Street Plan Committee Specific Plan Committee: a member of the Planning Commission, the Parks, Recreation Facilities -and Parkways Commission, three residents from the surrounding'areas, one member at large, and three business and/or property owners, appointing Council Member Steel as Council liaison, and directing staff to research bicycle circulation in that area. Addressing an inquiry, from Council Member Robinson, Mayor Pro Tem Monahan commented that there will most likely be a large number of applicants from which to choose, and the business owners will be adept at having their voices heard. Council Member Cowan opposed the motion, questioning the drive behind the need for a specific plan for Bristol Street. She finds the area to be vibrant and economically sound. Mayor Pro Tem Monahan addressed Mr. Mansoor's concern by stating that a specific plan is not required in order for improvements to be made to streets such as Harbor Boulevard and 19th Street. NEW BUSINESS The Deputy City Clerk presented an ordinance regarding parking Parking of Oversized/ oversized and non -motorized vehicles in residential districts, and Non -Motorized - repealing and replacing other affected sections of the Costa Mesa Vehicles in Residential Municipal Code. A communication was received from Mr. and Mrs. Districts William Bradley, 3177 Country Club Drive, Costa Mesa, supporting a parking restriction of recreational vehicles on residential streets. The Police Lieutenant reviewed the Agenda Report dated December 5, 2001, and responded to questions from Council. Council Member Cowan clarified with the Lieutenant that the intent of the ordinance is that no one ,may leave parked or standing any large motor vehicle, heavy-duty commercial vehicle, or non - motorized vehicle, on any public street or alley within any residential district except for the purpose of loading, unloading, cleaning, battery charges, or other activities, and the time may not exceed 24 hours for those activities. The following Costa Mesa residents opposed the proposed ordinance: Bill Folsom, 2700 Pederson Place, No. 45C, felt that the ordinance would have a negative impact on the community; Inez McLane, 3245 Iowa Street, suggested enforcing the laws which are already in place; and Ron Staugaard, 1998 Rosemary Place. The following Costa Mesa residents supported adoption of the ordinance: the resident at 1071 Santa Rosa Avenue, commented on her neighbor's oversized vehicle which she considers dangerous; and Cindy Brenneman, 1856 Elba Circle, felt that there are a few persons who disregard the law. Rory Hughes, 2013 and 2014 Republic Avenue, Costa Mesa, a boat owner, addressed the 24-hour time limit proposed, suggesting 48 hours as a viable alternative. He clarified with Council that the ordinance does not apply to private property. MOTION/Gave First A motion was made by Council Member Cowan, seconded by Reading to Ordinance Council Member Robinson, and carried 4-1, Mayor Pro Tem 01-32 Monahan voting no, to give first reading to Ordinance 01-32, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING AND REPLACING SECTION 10-185 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE PARKING OF OVERSIZED AND NON -MOTORIZED VEHICLES IN RESIDENTIAL DISTRICTS AND REPEAL AND REPLACEMENT OF OTHER AFFECTED SECTIONS OF THE COSTA MESA MUNICIPAL CODE. Second reading and adoption are scheduled for the meeting of January 7, 2002. Mayor Pro Tem Monahan opposed the motion, stating that he supported the current 72 -hour time limit. He observed that because of a few persons who abuse the system, the majority of citizens should not be punished. NEW BUSINESS The Deputy City Clerk presented an appeal of the Traffic Impact "The Camp" Traffic Fee imposed for "The Camp" project located at 2937 Bristol Street Impact Fee from Shaheen Sadeghi, 501 30t' Street, Newport Beach. The Assistant Engineer reviewed the Agenda Report dated December 6, 2001. He and the Associate Engineer responded to questions from Council. Shaheen Sadeghi, the applicant, reported that the project has been in the making for nine years, and indicated that traffic fees may have been the reason that the property has been empty for a long time. He complained that the increased traffic fee from $149.00 to $195.00 per average daily trip end (ADT) constituted a hardship, and asked Council to consider their circumstances. Linda Sadeghi, reiterated that "The Camp" is their "dream project" and should be commercially profitable, aesthetically pleasing, and will benefit the City of the Arts. She stated that a 30 percent increase in traffic fees in the eleventh hour is a critical issue. She asked Council to consider reinstituting the original amount, citing the current economic climate. Shaheen Sadeghi responded to questions from Council, stating that months had been spent, in combination with the City, defining this plan prior to committing to the project, and indicated that they had proceeded using the $149.00 ADT fee. In response to a question from Council Member Robinson, the City Attorney expressed concern about the "equal protection and fairness doctrine" stating that recent land developments in the same zone paid the established trip fee and to do otherwise in this case might constitute a grant of special privilege and could create a problem. The Finance Director reviewed the financing mechanism. Mayor Pro Tem Monahan clarified with the City Attorney that the trip fee may be adjusted at any time. MOTION/Reaffirmed A motion was made by Council Member Cowan, seconded by Traffic Impact Fee Council Member Robinson, and carried 4-1, Mayor Dixon voting and Interest Rates no, to reaffirm the Traffic Impact Fee of $268,095.00 and the 10 - year term interest rates for "The Camp" project. Council Member Cowan supported the motion, stating that the decision had been difficult and the questions far exceeded this project, considering what is proposed for District No. 1. She indicated that she had not supported the increase in Traffic Impact Fees to $195.00 but felt that since the fee had been adopted, it should apply to this project. Mayor Pro Tem Monahan supported the motion, expressing sympathy with the applicant, and noting that he had also opposed the AOT increase. He feared that if the fee were lowered for "The Camp", monies for other projects would have to be refunded which he did not feel the majority of the Council Members would support. Council Member Steel wondered if Council supported changing :the interest rates for the project. Council Member Cowan was satisfied by the definition provided by the Finance Director concerning; interest rates, specifically that they are based upon standard business practices. Council Member Robinson supported the motion but noted that the application did not come forward when the ADT was $149.00. Mayor Dixon opposed the motion commenting that the developer came to Council in good faith, based on the $149.00 fee. RECESS The Mayor declared a recess at 9:30 p.m., and reconvened the meeting at 9:40 p.m. NEW BUSINESS The Deputy City Clerk presented a request to rename Maple Park Maple Park Rename to Ketchum-Libolt Park. The Parks Project Manager reviewed the Agenda Report dated December 3, 2001. Beth Refakes, 320 , Magnolia: Street, Costa Mesa, supported renaming the park. She considered it an excellent manner in which to honor the two police offers who died in the line of duty, and suggested that the targeted completion date coincide with the 15th anniversary of the helicopter crash. MOTION/Approved A motion was made by Council Member Robinson, seconded by Renaming the Park Mayor Pro Tem Monahan, and. carried 5-0, to approve renaming the park. NEW BUSINESS The Deputy City Clerk presented installation of decorative street Decorative Street lighting along 19th Street from Anaheim Avenue to approximately Lighting on 19th 150 feet west of Placentia Avenue as part of the Underground Street Utility District project; and Budget Adjustment No. 02-070 for $350,350.00 to pay for the additional cost of the decorative lights. A communication was received from Tom Egan, 1893 Parkview Circle, Costa Mesa, listing three other issues to be considered first: extend the utility undergroundin,g to the City limits; landscape the medians; and mix decorative lamps with overhead lamps. The Assistant City Engineer reviewed the Agenda Report dated December 10, 2001, and responded to questions from Council. Council Member Cowan expressed interest in assuring that the Underground Utility District on ;19th Street be extended and the median landscaping addressed. Mayor Dixon was concerned about consistency, specifically the manner in which people will view the west side entry on 19th Street. Mayor Pro Tem Monahan proposed including in the project the undergrounding of utilities on 19th Street from Anaheim Avenue to Park Avenue. The Assistant City Engineer observed that funding is not available for that project. 1 4 Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a photograph viewing east from Gisler Avenue along the Santa Ana River trail, and reported that he had suggested to the Transportation Services Manager that a bicycle trail extension be installed. He reported that along with Gisler Avenue, 19th Street remains on the County's Master Plan of Arterial Highways. MOTION/Approved A motion was made by Council Member Cowan, seconded by Decorative Street Mayor Pro Tem Monahan, to approve the installation of decorative Lighting on 19th Street street lighting on 19th Street from Park Avenue to 150 feet west of Placentia Avenue, to extend the underground utility work, choosing the Triangle Square style of fixture but, if Southern California Edison (SCE) does not agree to the maintenance within a reasonable amount of time, use as an alternative the double fluted style that SCE has already agreed to, and utilize funds from the gas tax escrow account for the additional pavement required from Park Avenue to Anaheim Avenue. Council Member Monahan concurred with the motion but suggested that if SCE is not willing to maintain the Triangle Square -style lighting, that style shall still be installed, and the City shall continue to pursue SCE to pay for the maintenance. The maker of the motion concurred with this proviso. The motion carried 5-0. NEW BUSINESS The Deputy City Clerk presented the Fairview Park Annual Report. Fairview Park Annual The Parks Project Manager summarized the Agenda Report dated Report December 11, 2001. Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressed changes to the bicycle access to the park, citing the deletion of the trail between Canary Drive and the north entrance to Fairview Park, termination of a portion of the north/south bike trail through the park, etc. He urged Council to consider the park from the viewpoint of the entire community. He supported the installation of additional train tracks for the model engineers. Mayor Pro Tem Monahan clarified with the Parks Project Manager that the additional track is on hold because the Parks, Recreation Facilities and Parkways Commissioners are delaying their deliberation until Council determines how to proceed with the park. MOTION/Received A motion was made by Council Member Cowan, seconded by and Filed Mayor Pro Tem Monahan, and carried 5-0, to receive and file the report, directing the Parks, Recreation Facilities and Parkways Commission to take action according to the policy regarding the model engineers train tracks. Council Member Robinson commented that she watched the Commission meeting where the track extension was discussed, and understood their reasoning for waiting for a Council decision prior to granting the request. The Parks Project Manager verified the Commission's reluctance to proceed, noting the issues regarding errant golf balls landing close to the tracks, and the Plan Administrator having not been hired as yet. Mayor Pro Tem Monahan concurred with Council Member Cowan that the City should proceed with a decision on the train tracks. Council Member Cowan stated that the City has an approved master plan for Fairview Park which excludes only two areas, and rejected the "golf ball" excuse. 1), MQ, :� , CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Sections 54957 and 54956.9(c) to discuss the Closed Session: following items: Continued from the special meeting of December Performance Reviews; 10, 2001, performance evaluations for the City Manager and City and Zoning Code En- Attorney; and report on the status of zoning violation code forcement Violations enforcement referrals and discussion on legal theories and strategies. Mayor Dixon announced that closed session would be COUNCIL held at the conclusion of regular: business. Council Member Robinson related that she had received a COMMENTS compliment for Police Officer Smith for a call he handled at Officer Commenda- Estancia High School. In reference to the referendum petition tion; Public Information being circulated regarding Home Ranch, she asked for a report on what information the City is required to provide, noting conflicting information from the City and the Registrar of Voters. EI Toro Airport Regarding the proposed airport at EI Toro Marine Corps Air Station, Council Member Steel recommended that Council contact General Bloomer, Director of Orange County Regional Airport Authority (OCRAA), to obtain information on environmental risk of the "Great Park" which is being proposed. He suggested pursuing "Slum Lords" "slum lords" in the "Fillmore slum" area and the west side, advocating the use of legal means to resolve the problem. He commented that the committee: recently formed for the west side should be comprised of residents and business owners, rather than the large number already appointed. Home Ranch Referen- Council Member Cowan took issue with Paul Flanagan's statement dum during Public Comments that the decision on Home Ranch was held off in order to make it difficult to qualify a referendum for the ballot. She assured the public that no one would interfere with the referendum process, and the' calendar was dictated by many factors. She felt that an opportunity had been presented for everyone to be heard, including; an additional 40 hours of resident testimony. Council Member Cowan asked those who are flying the American Flag American flag from their cars, homes, or other locations, to ensure that it is not torn, tattered, nor faded. She commended members Lions Park Associa- of the Lions Park Association/Park Watch for their efforts, and tion/Park Watch asked the Public Services Director to respond to the spreadsheet provided by the group. Council Member Cowan addressed a multi- family housing area on Baker Street targeted by the Redevelopment Agency, stating, that the City has an obligation to maintain the sidewalks. She asked staff to inspect the area and provide a report. The Assistant City Engineer responded that an upcoming rehabilitation project, which includes sidewalks, is planned for that area from Harbor Boulevard to McClintock Way. ADJOURNMENT At 10:45 p.m., Mayor Dixon adjourned the meeting to a closed TO CLOSED session in first floor, Conference Room A to discuss the items SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:28 p.m., and the action RECONVENED taken during closed session was announced. Gave Directions to Regarding the performance evaluations for, the City Manager and Staff Regarding City Attorney, staff was directed to take the necessary steps to Performance grant a salary increase of five jpercent to both the City Manager Evaluations and the City Attorney retroactive to December 16, 2001, with said increases reflected in a resolution showing the adjusted pay ranges. The resolution will be presented to Council at their meeting of January 7, 2002. MOTION/Approved Regarding the status of zoning violation code enforcement referrals Recommended Action and discussion on legal theories and strategies, by a vote of 5-0, Council approved the recommended action contained in the City Attorney's confidential memorandum dated December 12, 2001. ADJOURNMENT The Mayor declared the meeting adjourned at 11:30 p.m. Mayor of the City of Costa Mesa ATTEST: I. Deputy City C tk of the City of Costa Mesa 1