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HomeMy WebLinkAbout01/22/2002 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 22, 2002 The City Council of the City of Costa Mesa, California, met in regular session January 22, 2002, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Cowan, and invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital - Presbyterian. 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 Transportation Services Manager Peter Naghavi Finance Director Marc Puckett Budget and Research Officer Alice Walker Parks Project Manager Dave Alkema Senior Planner Kim Brandt Associate Planner Claire Nguyen Assistant Planner Wendy Shih Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Cowan, seconded by Council January 7, 2002 Member Robinson, and carried 5-0, the minutes of the regular meeting of January 7, 2002, 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. PUBLIC COMMENTS Georgia Morris, 281 Rochester Street, Costa Mesa, reported that a Illegally Parked recreational vehicle in her neighborhood was illegally parked on Recreational Vehicle June 17, 2002, and showed pictures of the vehicle. She commented that the owner of the RV had previously been asked by the Costa Mesa Police Department not to park on the sidewalk or the lawn. Mayor Dixon replied that this item will be on the agenda for the meeting of February 4, 2002, and encouraged Ms. Morris to attend. Bill Folsom, 2700 Peterson Place, No. 45C, Costa Mesa, commented that Costa Mesa had been RV friendly for the last 50 years, suggesting that RV's are now an issue due to the Planning Commission and the City Council. He offered to provide Council with a copy of the Attorney General's opinion regarding discrimination against classes of vehicles, and stated that the lot current ordinance violates State law. Mr. Folsom offered the assistance of RV owners to enforce the current 72 -hour regulation. JWA Settlement Ralph P. Morgan, 206 East 15th Street, Costa Mesa, addressed Agreement John Wayne Airport (JWA), stating that the City of Newport Beach settlement agreement to limit expansion of the airport will fail. He indicated that the airport is currently too small and unsafe, and the only manner in which to correct these faults is by expanding the current facility, increasing the runways, and adding more airlines. Heather Somers, 313, Robin Hood Lane, Costa Mesa, referred to the City's Resolution 00-73 which asks support for, "the preparation of an environmental document by the City of Newport Beach that evaluates' the impact of an amendment of the JWA Settlement Agreement to extend the term with no change to the current legally permissible and authorized level of operation." She observed that the three scenarios in the environmental impact report do not include a "no; change" option. Ms. Somers commented on large trash items on the City's east side. Mayor Dixon asked that the Sanitary District create a bimonthly newsletter to address these issues. Davidson Comments Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported that an article in the Daily Pilot had indicated that several Council Members, as well as the City Manager, had stated that they did not care for residents addressing the same issues at Council meetings. She opined that issues, such a's crime on the west side, are not being resolved. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, argued with comments in the aforementioned newspaper article, observing that the issues in the City are not being "fixed". He enumerated his complaints that crime statistics are rising, the number of illegal day laborers: is rising, streets are dirty, gang members are threatening, and ;graffiti is in evidence. He asked that the quality of life in the City be improved. Mansoor Comments Allan Mansoor, 2973: Harbor Boulevard, No. 406, Costa Mesa, disagreed with the Daily Pilot article which indicated that "rudeness has taken over City Hall", stating that most meetings are civil and residents are only expressing their views on important issues. He rebutted several comments offered by Council Member Cowan in the same article. West Costa Mesa Robert Graham, 3260 Dakota Avenue, Costa Mesa, brought up the Bicycle Trail landscaped bicycle trail along the western border of the City, and provided photographs of same describing the areas through which it travels. Abandon Items Rita Lorman, Indus, Street, Costa Mesa, in reference to the large items being abandoned on the east side, suggested that the City contact the Salvation Army or other like organizations. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 6, Claim , from Jackqueline Stanzak; and Item No. 9, Award contract for Rehabilitation of Baker Street and Fairview Road, Project No. 01-15, to All-American Asphalt. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item Nos. 6 Member Robinson, and carried 5-0, the remaining Consent and 9 Calendar items were approved as recommended. 1 1 1 WRITTEN COMMUNI- Resolution 02-4 was adopted: A RESOLUTION OF THE CITY CATIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 02-4, Fire AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE Department Records DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Destruction ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Jacque Gray; James L. Henke; Renado Angelo Herrera; Tana Jones -Herrera; The Cape Apartments; Jodi M. Wear; and Wimbledon Glen Apartments. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests. Licenses La Salsa Fresh 'Mexican Grill, 279 East 17th Street, for an original Type 41 ABC License (on -sale beer and wine for a bona fide eating place). Sushi Zen, 2870 Harbor Boulevard, Suite A100, for a person-to- person transfer of a Type 41 ABC License (on -sale beer and wine for a bona fide eating place). Hanna Service Corporation (formerly the AM/PM Mini Market), 300 Bristol Street, for a person-to-person transfer of a Type 20 ABC License (off -sale beer and wine). BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was Approved Permit for received from The All-American Boys Chorus, Orange County All-American Boys Fairgrounds, 88 Fair Drive, Little Theatre Building, Costa Mesa, by Chorus for Jog -A- door-to-door solicitation of sponsors from February 2, to March 16, Thon 2002, for the Chorus's Jog-A-Thon to be held in March, 2002. The permit was approved pursuant to Municipal Code Section 9-127(d). WARRANTS The following warrants were approved: Warrant 1883/ Warrant Resolution 1883, funding Payroll 201 for $1,928,332.57, Payroll 201 and City operating expenses for $2,204,356.29, including payroll deductions. Warrant 1884 Warrant Resolution 1884, funding City operating expenses for $598,934.22. ADMINISTRATIVE Budget Adjustment No. 02-078 was approved for $25,000.00, to ACTIONS/Approved allocate funds for a reward payment pursuant to City Council Policy Adjustment 02-078 400-1. Adopted Resolution Resolution 02-5 was adopted: A RESOLUTION OF THE CITY 02-5 Regarding City COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Employment for ENDORSING THE CITY'S MERIT SYSTEM PRINCIPALS AND Veterans PROVIDING REASONS FOR NOT ADOPTING A PROGRAM OF PREFERENCES IN CITY EMPLOYMENT FOR VETERANS OF THE ARMED FORCES AS REQUIRED BY GOVERNMENT CODE SECTION 50088. CLAIMS Item No. 6 on the Consent Calendar was presented: Claim from Stanzak Jacqueline Stanzak (alleging dangerous condition of public property). Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked about the amount of monies spent in lawsuits involving trip and fall occurrences. The City Attorney explained that the subject claim involved displacement of a sidewalk of approximately one- I MOTION/Rejected half of one inch. On motion by Mayor Pro Tem Monahan, Claim seconded by Council Member Robinson, and carried 5-0, the claim was rejected. Rehabilitation of Item No. 9 on the Consent Calendar was presented: Award of Baker Street and contract for Rehabilitation of Baker Street from Harbor Boulevard Fairview Road, Project to McClintock Way and from Bristol Street to Newport Boulevard, No. 01-15 and Fairview Road from Wilson Street to Newport Boulevard, Project No. 01-15, Federal Nos. STPL-5312(032), (033), and (034). The Public Services Director provided additional information MOTION/Awarded regarding the project. On motion by Council Member Steel, to All-American seconded by Council Member Robinson, and carried 5-0, the Asphalt; Rejected contract was awarded to All-American Asphalt, Post Office Box Bid from Shawnan 2229, Corona, for $2,048,499.30, the Mayor and Deputy City Clerk were authorized to sign on behalf of the City, and the non- responsive bid from Sialic Contractors Corporation, doing business as Shawnan, was rejected. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of PA -01-33, from the meeting of January 7, 2002, to consider an application Korando/Habitat for from Council Member Steel, appealing the Planning Commission's Humanity approval of Planning Application PA -01-33, for Mark Korando, representing Habitat for Humanity, for a minor design review to construct two two-story dwelling units behind six units which will be converted to four units; with variances from open space, driveway landscaping, and vehicular back -out requirements, with up to 20 percent reduction in the number of parking spaces, for an affordable ownership housing project at 1925 Pomona Avenue in an R2 -HD zone. Environmental Determination: Exempt. Communications were received from Eleanor Egan, 1893 Parkview Circle, Costa Mesa, detailing her major concerns about the project; J. Berry, 2064 Meadow View Lane, Costa Mesa, in opposition to the project; and Eric Bever, 1046 Westward Way, Costa Mesa, urging Council to reject this project. The Assistant Planner reviewed the Agenda Report dated January 14, 2002, and she and the Development Services Director responded to questions from Council. Council Member Steel observed that west side Costa Mesa is in need of "some very safe, some very sound, sensible safe sociology", and noted his concerns for this project in regard to the parking "back -out" situation, and the lack of open space and landscaping. He supported the "conversion to ownership" aspect of the project, and preferred that senior citizens be offered the housing, if not in this project, then elsewhere in the City. He supported diversity of the west side but thought that the project is too dense. Council Member Robinson asked that her concerns be addressed regarding the parking back -out distance, the lack of a pedestrian pathway from the parking area to the units, whether the tenants are responsible for maintenance of the units, and incentives to maintain the property. Mark Korando, representing Habitat for Humanity, 2165 South Grand Avenue, Santa. Ana, indicated that at the Planning Commission meeting of November 13, 2001, a better project had been crafted resulting, in no variances except those allowed by the development standards for affordable housing with the exception of landscaped parking in the driveway. He responded to the above questions by stating that the parking spaces with the 25 -foot back- out dimension back to the rear of the property and go out the front of the property head on; pathways were not designed for the original building; because of the high volume of pedestrian traffic, defensible landscaping should be provided; and the trash shall be pedestrian accessible and will utilize a padlock system. He responded to further questions from Council, confirming that there are housing quality standards which limit the number of occupants to two per bedroom with one additional per household, and both the City and Habitat for Humanity will be signatory to the Covenants, Conditions, and Restrictions (CC&R's). Celeste Brady, Stradling, Yocca, Carlson & Rauth, 660 Newport Center Drive, Suite 1600, Newport Beach, explained that the property is owned by a community housing development organization established by Habitat for Humanity, and the City of Costa Mesa holds a first trust deed. She reviewed the size and details of the program. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, opposed the City's participation in this program, stating that the building is at the bottom of acceptable standards and should be torn down. He believed that a good -quality building is needed at the location, as well as a revised parking plan. Janice Davidson -1982 Arnold Avenue, Costa Mesa, reported that traffic is extremely heavy on Pomona Avenue, and doubted that it will be possible to control the number of residents per apartment. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, thought that the condominium project is dysfunctional because there are too many units, and supported the concept of converting it to senior housing. He felt that it would be difficult to enforce the CC&R'S, and supported turning down the application unless approved for senior housing. Hilldegard Gonzalez, 1932 Pomona Avenue, Costa Mesa, suggested a security gate around the complex, asked if there would be landscaped areas, and commented that it is difficult to regulate the number of residents per unit. Phil Morello, Post Office Box 10487, Costa Mesa, member of the Redevelopment and Residential Rehabilitation (3R) Committee, supported the project, and observed that it would have a positive impact on the neighborhood. He opposed a variance for less parking, emphasized his enthusiasm for the condominium conversion concept and home ownership, but objected to the 30 - year commitment to retain low-income housing. Joel Faris, 1863 Parkglen Circle, Costa Mesa, supported the project but was concerned about the lack of open space. He noted the "elements" on Pomona Avenue, such as liquor stores, the pawn shop, and the Someone Cares Soup Kitchen, which he felt would be detrimental to children. He suggested that the back area of the project be utilized for open space. The Assistant Planner confirmed that the Planning Commission had approved removal of one of the rear units. Robert Graham, 3260 Dakota Avenue, Costa Mesa, felt that if 19th Street were extended to Huntington Beach, the subject property would be valuable and the dynamics of the west side would be altered. Heather Somers, 313 Robin Hood Lane, Costa Mesa, commended Habitat for Humanity and the Council for their vision and foresight regarding this conversion project. She commented that Habitat for Humanity is a good neighbor with well -screened applicants who often work on the project where' they will be living. She noted that there is a housing shortage for very low and low-income people, and believed that this project would begin to address the City's low income housing needs. Ursula Bohen, 2806 Portola Drive, Costa Mesa, Habitat for Humanity volunteer, invited those who have reservations about the quality of Habitat's housing to attend the dedication of three new homes in Costa Mesa on February 17, 2002. Mark Korando reported that Habitat is a unique entity which also acts as a lender, applying strict, stringent applications of credit worthiness. Because this is not a redevelopment project, Mr. Korando indicated that the State of California rules do not apply, and there is an assurance that low occupancy standards will be observed. He stated that possibly two units would be appropriate and accessible for senior citizens. He responded to questions from Council. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded by Resolution 02-6 Council Member Cowan, and carried 4-1, Council Member Steel Approving PA -01-33 voting no, to uphold the Planning Commission's approval by adopting Resolution 02-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-33, based on the findings contained in Exhibit A. Mayor Pro Tem Monahan felt that the project is a large improvement on the current building, and noted that Habitat's record with the City is positive. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued EIR 1049, 2000 from the meeting of December 17, 2001, to consider the Final General Plan Update Program Environmental Impact Report (EIR) No. 1049 for the City of Costa Mesa 2000 General Plan Update. The Senior Planner summarized the Agenda Report dated January 14, 2002. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-7 Mayor Dixon, and carried 4-1, Council Member Robinson voting Certifying EIR No. no, to adopt Resolution 02-7, A RESOLUTION OF THE CITY 1049 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 1049 FOR THE CITY OF COSTA MESA 2000 GENERAL PLAN. RECESS The Mayor declared a recess at 8:25 p.m., and reconvened the meeting at 8:35 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued GP -01-01, City of from the meeting of December 1.7, 2001, to consider General Plan Costa Mesa General Amendment GP -01-01 for the City 2000 General Plan. The Senior Plan Planner summarized the Agenda Report dated January 14, 2002. 1 F_J 1 Regarding the extension of 19th Street to Huntington Beach, Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed concern that the decision is predicated upon a technical analysis from a traffic standpoint, and economics have not been considered. He commented that the west side of Costa Mesa is stagnant and isolated, and suggested that the extension could alleviate some of the problems. Rod MacMillan, 1875 Anaheim Avenue, Costa Mesa, agreed with Mr. Graham, supporting the extension of 19th Street. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-8 Mayor Dixon, and carried 4-1, Council Member Robinson voting no, to adopt Resolution 02-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE CITY OF COSTA MESA 2000 GENERAL PLAN PLUS HOME RANCH ALTERNATIVE A (GP -01-01) AND ACCOMPANYING MITIGATION MONITORING PROGRAM AND STATEMENTS OF FACTS AND FINDINGS AND OVERRIDING CONSIDERATIONS. Mayor Dixon and Council Member Robinson commended staff on the General Plan update. Council Member Robinson opposed the motion because she felt that the Home Ranch project is not appropriate for Costa Mesa but thought that the balance of the update is excellent. PUBLIC HEARING The Deputy City Clerk announced the public hearing continued GP -01-04/R-01-06, from the meeting of December 17, 2001, to consider General Plan City of Costa Mesa Amendment 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). Environ -mental Determination: Negative Declaration. The Associate Planner reviewed the Agenda Report dated January 8, 2002, showing slides of this application in her presentation. Anne Stanbrook, 504 Calle Malaguena, San Clemente, owner of the property, stated that she had sold the property to a doctor who wishes to convert the use to a medical clinic, which the Planning Commission determined would not be compatible with the residential neighborhood. She indicated that the property has been commercial for 15-20 years, and felt that the clinic would be an asset to the neighborhood. Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported that this street is on the County's Plan Master Plan of Arterial Highways as a "commercial, through -street to Huntington Beach". He did not understand how zoning could be changed until the Santa Ana River Crossings (SARX) study is completed. There being no other speakers, the Mayor closed the public hearing. The Senior Planner responded to questions from Council Member Cowan by stating that Council had directed staff to proceed with the dissolution of the transition zone from the West 19th Street area, and this subject will be heard by the Planning Commission in March, 2002, and by City Council in April, 2002. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-9; Council Member Steel, and carried 5-0, to take the following action: Gave First Reading to Ordinance 02-1 Adopt Resolution 02-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -01-04 FOR PROPERTY AT 1990 AND 1904 FEDERAL AVENUE, including adoption of the Negative Declaration. Give first reading to Ordinance 02-1: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING , REZONE PETITION R-01-06 CHANGING THE ZONING OF 1900 AND 1904 FEDERAL AVENUE FROM C1 TO R1. Second reading and adoption are scheduled for the meeting of February 4, 2002. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued GP -01-05, City of from the meeting of December 17, 2001, to consider General Plan Costa Mesa Amendment GP -01-05, for the City of Costa Mesa, to change the land use designation at 2651 Irvine Avenue from Medium Density Residential to General Commercial. Environmental Determination: Negative Declaration. The Associate Planner reviewed the Agenda Report dated January 8, 2002. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Robinson, seconded by Resolution 02-10 Mayor Dixon, and carried 5-0, to adopt Resolution 02-10: A Adopting GP -01-05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -01-05 FOR- PROPERTY AT 2651 IRVINE AVENUE, including adoption of the Negative Declaration. OLD BUSINESS The Deputy City Clerk presented a request to consider a street Street Sweeping sweeping parking prohibition in the following areas as a pilot Parking Prohibition program: Streets surrounding College Park School: Villanova Road, Notre Dame Road, Loyola Road, Columbia Drive and Tulane Road; Pomona Avenue between 17th and 18th Streets; Darrell Street between Pomona Avenue and Meyer Place. The Transportation Manager summarized the Agenda Report dated January 14, 2002. He responded to questions from Council. Rod MacMillan, 1875 Anaheim Avenue, Costa Mesa, felt that if parking is restricted on both sides of Plumer Street on the same day to allow for street sweeping, there would be no place to park. He commented that the street has not been swept for years, and trash accumulates at the bottom of the hill. He asked that Plumer Street be added to the proposed streets. David Stiller, 2879 Regis Lane, Costa Mesa, provided figures on the number of persons who responded to the City's survey, summarizing by saying that there does not seem to be much public support for the street sweeping. Council Member Cowan thought that it was time to consider implementing street sweeping Citywide, stating that it is important not only for the "look" of the community, but to participate in keeping the storm drains clean. MOTION/Approved A motion was made by Council Member Cowan, seconded by Street Sweeping Council Member Steel, and carried 4-1, Mayor Pro Tem Monahan Prohibition voting no, to approve the implementation of the street sweeping 1 1 1 parking prohibition, adding Plumer Street between Pomona Avenue and Anaheim Avenue, and directing staff to monitor the effectiveness of the program, survey the affected residents six months later, and report findings to Council. Mayor Dixon recognized the gentlemen who stayed to speak on this item, as well as those who responded to the survey. Mayor Pro Tem Monahan opposed the motion, taking exception to the response to the survey. NEW BUSINESS The Deputy City Clerk presented the second quarter Community Fiscal Year 2001-02 Objectives report for Fiscal Year 2001-02. The Finance Director Community reviewed the Agenda Report dated January 14, 2002, and Objectives introduced Agnes Walker, the City's Budget and Research Officer. Council Member Cowan addressed Objective 02-131, Page 25 of the Agenda Report, "Pursue Funding and Construction of a Compressed Natural Gas (CNG) Facility in the Area", stating that she would like to tour alternative fuel sites. She indicated that private industries have expressed an interest in participating in this type of discussion. MOTION/Approved On motion by Council Member Cowan, seconded by Council Report Member Steel, and carried 5-0, the report was approved. NEW BUSINESS The Deputy City Clerk presented a resolution authorizing the Improvements at Mayor to sign an amendment to the California State Coastal Fairview Park Conservancy grant extending the grant completion date to March 31, 2003, for improvements at Fairview Park. The Public Services Director summarized the Agenda Report dated January 15, 2002. He indicated that it will be necessary to hold community meetings to reconfirm the details, in compliance with prior Council direction regarding any and all elements of the Fairview Park Master Plan. He reported that recruitment for the Fairview Park Plan Administrator is in progress, with several promising applicants. Council Member Cowan asked that hiring of the Fairview Park Plan Administrator be the No. 1 priority. The Public Services Director replied to a question from Council Member Robinson by stating that only six applications have been received for this position. Council Member Steel suggested that the City be more aggressive in seeking candidates. The Public Services Director responded that recruitment has been nationwide, including trade and professional magazines, as well as local area job flyers and magazines. Council Member Cowan indicated that if the position were full time, it would be filled today. Tom Egan, 1893 Parkview Circle, Costa Mesa, commented on the Laguna Beach position entitled "Urban Forrester", suggesting the same for Costa Mesa. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the addition of the lower parking lot at Fairview Park, stating that he did not understand Council's aversion to the additional parking. He thought that the City should proceed with the improvements. John King, 1991 Swan Drive, Costa Mesa, thought that the Master Plan has not been implemented because people were realizing the beauty of Fairview Park, a natural area with no structures. He mentioned the "flawed" portions of the plan, such as 15 -foot wide concrete bicycle trails. Steve Devey, 2033 Swan Drive, Costa Mesa, reiterated his argument against installing the lower parking area, supporting the retention of the park in its natural state. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, hoped that this planning effort will take the City one step further towards implementation of the plan. Mayor Pro Tem Monahan suggested moving forward with the project, asking that it be placed on an upcoming agenda as soon as possible. Council Member Cowan supported that concept. MOTION/Adopted A motion was made' by Council Member Cowan, seconded by Resolution 02-11 Mayor Pro Tem Monahan, and carried 5-0, to adopt Resolution 02- 11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE CALIFORNIA STATE COASTAL CONSERVANCY FOR GRANT FUNDING FOR DESIGN ACCESS AND INTERPRETATIVE IMPROVEMENTS AT FAIRVIEW PARK TO EXTEND THE TERM OF THE AGREEMENT, to March 31, 2003. Mayor Pro Tem Monahan confirmed for the Public Services Director that noticing would be appropriate. The City Manager clarified that staff will prepare a report which will demonstrate what it will take to get this project up and going as quickly as possible, including the range of options in the grant, with notification made to everyone on the current list and in the neighborhood. NEW BUSINESS The Deputy City Clerk presented recommendations regarding Encroachment Onto encroachment onto park property, and a budget adjustment for Park Property $14,560.00. A communication was received from Lawrence Courter, 2077 Swan Drive, Costa Mesa, requesting a continuance to February 4, 2002, contending that notice of the hearing was not provided within a reasonable time. The Public Services Director and the Parks Project Manager commented on the project and reviewed the Agenda 'Report dated January 15, 2002, mentioning that a formal survey of Canyon ;Park is needed. They responded to questions from Council. Mary Cromwell, 2029 Swan Drive, Costa Mesa, reported that upon purchasing her home, renovations were made and a pool added, but the rear wall, which encroaches approximately 2% feet onto City property, was in its present location. She did not believe that the property in question has ever been maintained by the City, and suggested that it be sold to the adjacent property owners. Susan and David Kinkade, 2001 Swan Drive, Costa Mesa, indicated that the previous owner of their home stated that they had verbal permission from the County of Orange to use a portion of the land behind their home, providing that a maintenance and emergency vehicle right-of-way was maintained. Mrs. Kinkade stated that she confirmed with the Flood Control District that a 50 - foot path was acceptable. She supported sale of the land to the property owners. The resident at 2025 Swan Drive, Costa Mesa, stated that the property in question is unsuitable for open space and recreation use. He described the property to the rear of his house, and felt that attention had been brought to this "problem" by a few well- intentioned City activitists. 207 John King, 1991 Swan Drive, Costa Mesa, agreed with his fellow residents, expressing interest in purchasing or leasing the land behind his property. He reminded Council that this land is virtually inaccessible for six months of the year because of the foliage, and the area floods during the rainy season. Tom Egan, 1893 Parkview Circle, Costa Mesa, related a story wherein he took a walk along the property under discussion and felt very unwelcome. Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed photographs of a property behind Sandpiper Drive, calling it a "buffer area". He commented that he can understand the property owner's desire to purchase the land but stated that it is part of the park. He added that these are the same people who oppose the parking lot and park access for the general public. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, cited a deed restriction at the time of purchasing Fairview Park which is one reason for removing the encroachment. She addressed concerns regarding selling the property to the neighbors, stressing that the property does not belong to them and should be returned to the City. Steve Devey, 2033 Swan Drive, Costa Mesa, reported on an incident at his home regarding the encroachment issue. Council Member Cowan expressed an interest in pursuing negotiations with the neighbors for the benefit of Fairview Park. She supported the Fairview Park Master Plan, including the lower parking lot. The Public Services Director and City Attorney responded to questions from Council. Council Member Robinson stated that each circumstance should be investigated individually, and thought that the City property involved is virtually not usable by the public. She acknowledged the residents willingness to purchase this property, suggesting that the option of selling the land be considered, with easements and conditions regarding maintenance. Mayor Dixon raised questions which required answering prior to making a decision about selling the property, such as, if permission to sell is required from the Coastal Commission, what precedents will be set for the rest of the City's parks, and what the City's liability might be. MOTION/To Approve A motion was made by Council Member Cowan, seconded by Recommendations; Mayor Dixon, to approve the Parks, Recreation Facilities and Provide Directions to Parkways Commission recommendations Nos. 1, 3, and 4, as Staff contained in the January 15, 2002, Agenda Report, and recommendations Nos. 1 and 2, as contained in the January 18, 2002, Agenda Report, directing staff to initiate a report which addresses legal considerations regarding the potential sale or other distribution of the property between the Fairview Park legal property lines and the Fairview channels, including a survey of all property owners to determine those interested in purchasing the property, including in the report price, deed restrictions, legal restrictions, or State restrictions on sale, easements required for access, how to deal with a maintenance agreement for fire and weed abatement, etc., maintenance of the neighborhood park and the lower parking lot within the Fairview Park Master Plan, and investigate the cost of constructing a wall across the property in case leasing or selling the property is not accomplished. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Monahan, MOTION/Approved seconded by Council Member Robinson, and carried 3-2, Council Recommendations; Members Cowan and Steel voting no, to approve the Parks, Gave Directions to Recreation Facilities and Parkways Commission recommendation Staff Nos. 1, 3, 4, in the January, 15, 2002, Agenda Report, and recommendations in the January 18, 2002, Agenda Report "not having to do with the section adjacent to Swan Drive", pursuing through the City Attorney's office, with a report to Council, investigation on what would be entailed in selling the adjacent properties, initiating a report encompassing items as detailed in the original motion, and including investigation of a "conservatorship", as suggested by Heather Somers, whereby the persons who have encroached will actually look after the property and the City will retain ownership. Council Member Cowan opposed the substitute motion, stating that it is important that the City receives "something in return." NEW BUSINESS The Deputy City Clerk presented a request from the Orange Orange County County Regional Airport Authority (OCRAA) for City adoption of a Central Park and resolution opposing the Orange County Central Park and Nature Nature Preserve Preserve Initiative. Communications were received from Grant and Deborah Younglove, 2519 Littleton Place, Costa Mesa, opposing Measure W, and supporting a dual airport system; Teri Ballard, 2455 Santa Ana Avenue, Costa Mesa, opposing Measure W, and supporting an airport at EI Toro; and James Skawinski, 23 Corporate Plaza, No. 180, Newport Beach, opposing expansion of John Wayne Airport, supporting an airport at EI Toro. The City Manager reviewed the Agenda Report dated January 16, 2002. Council Member Steel encouraged adoption of a resolution, speaking as Council's representative to OCRAA. Ralph Morgan, 206 East Wayne Airport would be constructed at EI Toro, affected. 15th Street, Costa Mesa, expanded in spite of an and Costa Mesa would felt that John airport being be adversely Rachel Perez -Hamilton, 266 Brentwood Street, Costa Mesa, objected to this item being placed last on the agenda. She addressed the 1985 JWA Settlement Agreement in which Costa Mesa did not participate, and supported the resolution. The City Manager replied to Ms. Perez -Hamilton by stating that placement on the agenda is determined by the Costa Mesa Municipal Code, and reported that Costa Mesa is involved, along with the City of Newport Beach and the corridor cities, in extending the JWA Settlement Agreement. Mayor Dixon added that two Council Members and the City Manager appeared before the County Board of Supervisors in November, 2001, requesting to be part of the negotiations for the new restrictions and regulations, and were denied. Aaron Elder, 2527 Andover Place, Costa Mesa, Airport Working Group (AWG) Board Member, felt that the Council is "soft" on promoting an airport at EI Toro. He read a letter addressing the issue which will be distributed to residents. Referring to Mr. Elder's comment regarding Council Member Cowan's employment with the City of Irvine being a potential -conflict of interest, Mayor Dixon responded that the City Attorney had researched this issue and determined that there is none. Council Member Robinson replied to the speakers comments regarding her position on the airport issue, commenting that he had not been present at the interview 1 1 1 between herself and the AWG and has misrepresented "anything that I said at that interview". Margaret Morgan, 206 East 15th Street, Costa Mesa, supported the resolution. She reported that Measure W, regarding the "Great Park", negates an airport at EI Toro, leaving JWA as the only airport in Orange County. She anticipated that the final text will be a "watered down" version of the OCRAA resolution, and believed that it will not represent Costa Mesa citizens. Cathy Grammer -Margolin, 1701 Irvine Avenue, Costa Mesa, observed that Measure W will turn EI Toro into a "Balboa Park" with museums, zoos, etc., and addressed relevant issues such as increased taxes. George Margolin, 1701 Irvine Avenue, Costa Mesa, spoke about safety problems at JWA. Rita Lorman, Indus Street, Santa Ana Heights, believed that Council Member Cowan has a conflict of interest, and objected to mailings from the City of Irvine regarding the Great Park. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, suggested that if the resolution is adopted, that the title be amended to read "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING MEASURE W, `THE ORANGE COUNTY CENTRAL PARK AND NATURE PRESERVE INITIATIVE."' She urged Council to work to get the 1985 JWA Settlement Agreement extended. Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented that Council can no longer "sit on the fence" on this matter, and agreed that the landing conditions at JWA are dangerous. Heather Somers, 313 Robin Hood Lane, Costa Mesa, supported the amended resolution in opposition to Measure W, and commended Council for their on-going contributions to the JWA Settlement Agreement. Lolita Harper, reporter with the Daily Pilot newspaper and Costa Mesa resident, asked Council Members to state their positions on an airport at EI Toro. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, supported the resolution and an airport at EI Toro. A resident on Colleen Place, Costa Mesa, opposed the change of the quality of life in Costa Mesa if the expansion of JWA goes forward. Council Member Steel opposed the Great Park, supported an airport at EI Toro, and opposed expansion of JWA. MOTION/Adopted A motion was made by Council Member Steel, seconded by Resolution 02-12 Council Member Cowan, to adopt Resolution 02-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING MEASURE W, "THE ORANGE COUNTY CENTRAL PARK AND NATURE PRESERVE INITIATIVE". Mayor Pro Tem Monahan stated that the important issue is that Costa Mesa is taking a stand against Measure W, encouraging the citizens of the City to vote against the measure. He stated that Council is on record' as supporting an airport at EI Toro, and opposing expansion of JWA. Council Member Robinson opposed the motion, stating that the initiative has not been reviewed by staff. She indicated that this is the only reason she is not supporting the motion, and suggested that the matter be continued. Substitute Motion to A motion was made by Council ,Member Robinson to continue this Continue Died item until review of the initiative is complete. The motion died for lack of a second. Council Member Cowan agreed with Mayor Pro Tem Monahan that opposing Measure W is the immediate issue, and stressed the importance of Council, not attempting to influence the voters of the City unless there is a direct impact on Costa Mesa's way of life. She thought that an airport is an appropriate reuse of the EI Toro Marine Corps Air Station. Council Member Cowan reported that the Fair Political Practices Commission, not the City Attorney's office, has determined that she: has no conflict of interest on this matter. Mayor Dixon did not support a park at EI Toro, but opposed the motion, stating that it is not Council's duty to direct Costa Mesa voters on how to vote. The original motion carried 3-2, Council Members Dixon and Robinson voting no. CITY MANAGER'S The City Manager reminded Council that on Saturday, January, 26, REPORT 2002, a meeting will' be held -at the Neighborhood Community Center with the City Council, the Planning Commission, and the Parks, Recreation Facilities and' Parkways Commission, to review Community Objectives and noted the meeting will start at 9:30 a.m. COUNCIL COMMENTS Council Member Steel asked for a status report on any Skateboard Park negotiations with the City of Newport Beach for a skateboard park. Leadership Manage- Mayor Dixon reported on her attendance at a Leadership ment Academy Management Academy, also attended by 17 Costa Mesa firefighters. She felt that Costa Mesa residents are in good hands because the Fire Department is learning the newest technologies "Painters of Costa and leadership skills to protect the citizens. She commented on Mesa" her attendance at the "Painters of Costa Mesa" art show at the Robert Mondavi Wineries, and encouraged everyone to attend. ADJOURNMENT The Mayor declared the meeting, adjo rned.at 11:45 p.m. / " 46,11�-- Mayo of the City of Costa Mesa ATTEST: Deputy City Clr of the City of Costa Mesa 1 1