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HomeMy WebLinkAbout03/18/2002 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 18, 2002 The City Council of 'the City of Costa Mesa, California, met in regular session March 18, 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 Robinson, and invocation by Dr. Dennis Short, Harbor Christian Church. I - ROLL CALL Council Members Present: Mayor Linda Dixon Council Member Libby Cowan Council Member Karen Robinson Council Member Chris -Steel Council Members Absent: Mayor Pro Tem Gary Monahan Officials Present: City Manager Allan -Roeder _ City Attorney Jerry -Scheer Development Services -Director` Donald Lamm = Public Services Director.William Morris Assistant City Attorney Tom Wood ,Telecommunications Manager Jerry Verwolf Sr. Deputy City Attorney Marianne Reger Associate Planner Claire Nguyen Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Robinson, seconded by Council March 4, 2002 Member Cowan, and carried 4-0, Mayor Pro Tem Monahan absent, the minutes of the regular meeting of March 4, 2002, were approved. ORDINANCES AND A motion was made; by Council Member Cowan, seconded by RESOLUTIONS Council Member Robinson, and; carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Dixon congratulated Yvette Ozuna, Treasury Management Employee of the Division of the Finance Department, on being named Employee of Month the Month for March, 2002, in recognition of her enthusiasm, positive attitude, and creativity in resolving the challenging customer service issues presented on a daily basis. She is commended for translating the Fire Prevention Bureau Safety color book from English to Spanish on her own time, making a positive difference for the children of Costa Mesa. PUBLIC COMMENTS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, referring to the Davidson Comments timing of the traffic signals on 19th Street/Meyer Place and 19tH Street/Pomona Avenue, asked why someone had not been assigned to investigate. She objected to issues regarding the west side of Costa Mesa being placed at the end of the agenda. Ms. Davidson commented on the loud music played, in her neighborhood, mostly Hispanic, asking what recourse was available. The Public Services Director reported that the 19th Street signals are being addressed, and a memo is being formulated for Council and Ms. Davidson explaining potential solutions. The City 1 Manager replied to the agenda issue by stating that the order of business is set forth in the Costa Mesa Municipal Code, Title 2. Costa Mesa Job The following Costa Mesa residents supported closure of the Costa Center Mesa Job Center: Eric Bever, 1046 Westward Way, asked numerous questions, such as is the Job Center working, is it complying with State and Federal law, and is the operation putting the City's general fund at risk; Mike Berry, Meadow View Lane, thought that Job Center information presented to Council at their study session of March 11, 2002, was incomplete; and Chris Eric, 1825 Placentia Avenue, felt that the west side has become a "dumping ground". John Wright, 2860 Royal Palm Drive, Costa Mesa, a 4 -year employee of the Costa Mesa Job Center, denied that persons who use the Center are not required to have proper identification. He supported ticketing persons loitering outside, and thought that the Center should remain on the west side. The resident at 1940 Orange Avenue, Costa Mesa, a worker at the Job Center since 1995, reviewed the process of obtaining a job through the Center and commended their efforts. Kurt Sense, 3070 Ceylon Road, Costa Mesa, thought that the Job Center "filled a need" by assisting workers to be productive. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, supported closure or relocation of the Job Center from the west side. He reported on a "safe house" in Mesa North housing illegal aliens, and asked for action by the City. He suggested that clinging greenery be planted so it can grow on the newly installed City wall on Baker Street. California/TeWinkle Joe Moody, 1643-D Iowa Street, Costa Mesa, Vice President of the Schools Sports Fields Mesa Verde Villas Homeowners Association, objected to the disproportionate scheduling of sports activities at the California/TeWinkle Schools. He proposed that either all sports activities be removed from the facilities, or that the current use of seven fields be cut back to two fields, and the hours of operation be limited. Mr. Moody stated that these activities disturb the peace of mind and impact property values. Council Member Steel asked the City Manager to place this item on an upcoming agenda. The City Manager responded that some of these concerns have been discussed with youth organizations that utilize the two schools, and they have been working with the Parks, Recreation Facilities and Parkways Commission. Tamy Slack, 1618-D Iowa Street, Costa Mesa, member of the Mesa Verde Villas Homeowners Association, concurred with the above - stated concerns, objecting to the portable toilets which are easily overturned. She complained about the traffic congestion caused by overuse of the fields. Election Regulations Michael Szkaradek, 1555 Mesa Verde Drive East, No. 54-B, Costa Mesa, inquired if election procedures would be modified from those used during the November, 2000, election, specifically regarding verification of signatures. He felt that the City does not enforce the rules of the election code, and asked that candidates receive proper notification of the regulations. Council Member Steel suggested that Mr. Szkaradek recommend that the code be clarified. "5_0 "Reasonable Airport, Russ Niewiarowski, ' 20102 Kline Drive, Santa Ana Heights, Park, and Nature president of The New Millennium Group (TNMG), a pro -airport Preserve" Initiative advocacy group dedicated to secure an airport at El Toro, introduced the "reasonable airport, park, and nature preserve" initiative, intended 'for consideration on the November 5, 2002, ballot. He reported that the citizens of Costa Mesa and Newport Beach staunchly opposed Measure W in the March 5, 2002, primary election, and asked for support of the initiative. Improving Costa Mesa Doug Sutton, 2739 Canary Drive, Costa Mesa, commented that Council's 3-2 vote ,to adopt the resolution opposing Measure W (Council Members Dixon and Robinson voting no) is frustrating for residents. He encouraged Council to unify support to maximize the City's resources to protect and improve Costa Mesa. Parks Master Plan Kim Pederson, 3154 Killarney Lane, Costa Mesa, announced that the first in a series of meetings to discuss the Recreation Master Plan will be held on Wednesday, March 20, 2002, at the Neighborhood Community Center. Measure W Ralph P. Morgan, , 206 East 15th Street, Costa Mesa, provided information on the breakdown by City of votes on Measure W. He implored Council to file an amicus curiae (friend of the court) brief against Measure W, based on the fact that the measure will rezone a piece of property that the County does not own. George Margolin, 1701 Irvine Avenue, Newport Beach, expressed disappointment in the Council Members who voted not to oppose Measure W. He reported on the post-election proposal to sell the land to the highest bidder. Margaret Morgan, 206 East 15th Street, Costa Mesa, congratulated Council on opposing ;Measure W, and addressed the proposal to sell the land. She urged Council to join Orange County Regional Airport Authority (OCRAA) in their suit against South County. Kathy Margolin, 1701 Irvine Avenue, Costa Mesa, thanked the citizens of Costa Mesa for opposing Measure W, and urged continued support of the John Wayne Airport Settlement Agreement and the OCRAA legislation. Stafford Comments Steve Stafford, 2135 Llden Avenue, No. 10, Costa Mesa, concurred with previous speaker Janice Davidson regarding the traffic signal timing at 19th Street/Meyer Place, and reported the same problem at 19th Street//Placentia Avenue, and Victoria Street/Placentia Avenue. He complained about the condition of the Placentia Avenue roadway, and; stated that the street needs to be repaved. "Hail to the Chief' Cindy Brenneman, 1856 Elba , Circle, Costa Mesa, extended an Event invitation to an event called "Hail to the Chief' sponsored by Mesa Verde Community, Inc. and the Human Relations Committee, featuring Police Chief Dave Snowden and Fire Chief Jim Ellis, and narrated by Council Member Robinson. She announced that the event will be held Wednesday,: March 20, 2002, 7:30 p.m., at the Mesa Verde United; Methodist Church, 1701 Baker Street. i 19th Street Extension Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported that the Santa Ana River Crossing (SARX) study will be completed shortly, and commented that_ the economic benefit to west Costa Mesa by extending West 19th Street is a major consideration. He showed photographs of the area, and asked Council to authorize a study of the economic, benefits of an extension. 1 1 1 1 Volunteer Center of Sylvia Hernandez, Senior Program Director for the Volunteer Center Orange County of Orange County, 1901 East Fourth Street, Santa Ana, offered assistance to the City, and encouraged volunteerism. She provided information packets for Council and the City Manager, and announced that their annual golf tournament will be held in May, 2002, honoring the City's mayors. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 12, Award contract for Joann -Minor Alley No. 19 Improvements, Project No. 02-01, to GMC Engineering, Inc. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item No. 12 Member Steel, and carried 4-0, 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: Cory and Elisabeth Frisch; Gloria Reber; and James William Walker, Jr. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was Approved Permit for received from Teen Challenge of Southern California, 5445 Chicago Teen Challenge Avenue, Riverside, by setting up tables in front of stores advertising their All -You -Can -Eat Pancake Breakfast, and solicitors will be present in residential areas from March 19, 2002, to March 18, 2003. The permit was approved pursuant to Costa Mesa Municipal Code Section 9-127(d). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1891, funding Payroll 205 for $1,833,128.49, 1891/Payroll 205 and City operating expenses for $788,665.19, including payroll deductions. Approved Warrant 1892 REJECTED CLAIMS Curtis The Cape Apartments Wimbledon Glen Apartments ADMINISTRATIVE ACTIONS/Accepted Improvements at 1640 Babcock Street, EP PS01-00423/ZA-00-55 Warrant Resolution 1892, funding City operating expenses for $736,884.91. The following claims were rejected: Cathleen Curtis (alleging dangerous condition of property). The Cape Apartments (alleging loss of economic value due to construction). Wimbledon Glen Apartments (alleging loss of economic value due to construction). Street improvements at 1640 Babcock Street were completed to the satisfaction of the Public Services Director by I.C.E. Builders, Inc., 421 East Cerritos Avenue, Anaheim, in connection with Encroachment Permit No. PS01-00423 (ZA-00-55). The work was accepted, and authorization was given to refund the $5,838.50 cash deposit. Accepted Improve- Street improvements at 3565 Harbor Boulevard were completed to ments at 3565 Harbor the satisfaction of the Public Services Director by Bali Construc-tion, Boulevard, EP PS00- Inc., 9852 East Joe Vargas Way, South EI Monte, in connection 00602 with Encroachment Permit No. PS00-00602. The work was accepted, and the bonds were ordered exonerated. NMI Accepted Work by Replacement of Hallway and Lobby Tile at the Neighborhood Angeles Contractor for Community Center, Project No. 01-14, was completed to the Replacement of Hall- satisfaction of the Public Services Director on February 15, 2002, by way and Lobby Tile Angeles Contractor, 12692 Hoover Street, Garden Grove. The work at NCC, Project No. was accepted; the Deputy City Clerk was authorized to file a Notice 01-14 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 Approved Agreement ordered exonerated 12 months thereafter. The purchase agreement and escrow instructions with the Fanticola and Escrow Instruc- Family Limited Partnership were approved, to purchase a portion of tions with Fanticola property at 2175 Newport Boulevard for $6,500.00 for the Newport for 2175 Newport BoulevardNictoria Street intersection improvements, and the Mayor Boulevard was authorized to sign on behalf of the City. Awarded Proposal No. Formal Proposal Item No. 021'102 was awarded to Quick Crete 021102 to Quick Products Corporation; 731 Parkridge Avenue, Norco, for purchase Crete Products for and installation (including delivery and offloading .with crane - Purchase and Installa- equipped truck) of 101 specialized concrete waste containers and tion of Containers and 65 concrete bus benches; and ;pickup and disposal of 40 existing Benches City concrete waste containers and 30 concrete benches, for a total amount of $72,848.71. Approved Amendment An amendment was approved to the Cooperative Agreement with to Agreement with C. J. Segerstrom & -Sons, for' redesign and construction of the Segerstrom for Susan extension of the Fairview Road northbound 1-405 onramp Street Offramp overcrossing to accommodate construction of the future Susan Street offramp, and; the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Revised Revised Cooperative Agreement No. 12-453 was approved with the Agreement No. 12-453 State of California Department 'of Transportation (CALTRANS) for with CALTRANS for redesign and construction of an extended Fairview Road Susan Street Offramp northbound 1-405 onramp overcrossing to accommodate construc- tion of the future Susan Street offramp, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Amendment An amendment was; approved to the Temporary Construction to Easement Deed Easement Deed on Sakioka Farms property to enable construction on Sakioka Farms of the new Anton Boulevard onramp to the northbound 1-405 Property for Anton Freeway, and the Mayor and Deputy City Clerk were authorized to Onramp sign on behalf of the City. Joann -Miner Alley No. Item No. 12 on the Consent Calendar was presented: Award of 19 Improvements contract for Joann -Miner Alley No. 19 Improvements from Fountain Way East to East of Miner Street, Project No. 02-01. Robert Graham, 3260 Dakota Avenue; Costa Mesa, questioned the City expenditure of funds, to repair the Joann -Miner alley when the Canary Drive entrance to Fairview has been in disrepair for 18 MOTION/Awarded years. On motion by,Council Member Cowan, seconded by Mayor Contract to GMC Dixon, and carried 4-0, the ' contract was awarded to GMC Engineering Engineering, Inc., 1401 Warner Avenue, Suite B, Tustin, for $254,054.50 (Base Bid plus both Alternate Bid Items minus Base Bid Items 2 and 9), and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. ANNOUNCEMENT Mayor Dixon asked that the following item be continued to the meeting of April 1, 2002, in `consideration of Mayor Pro Tem Monahan who was not in attendance: New Business Item No. 1, Downtown and Eastside Transportation Ad Hoc Committee Recommendations for Newport Boulevard: Authorize the committee to study 'and review all options for Newport Boulevard improvements and return to Council with recommendations. Proceed with a request to the Orange County Transportation Authority (OCTA) to initiate a study for the downgrade of State Route 55 Freeway extension from 15th Street to 19t Street. Return the $700,000.00 grant funding to OCTA which was to be used for design and environmental analysis of 4 northbound lanes on Newport Boulevard from 17th Street to 19th Street and 4 southbound lanes from 19th Street to Broadway. MOTION/Continued A motion was made by Mayor Dixon, seconded by Council Member to April 1, 2002 Cowan, and carried 4-0, to continue this item to the meeting of April 1, 2002, and announcing that public comments will be accepted during the New Business portion of this meeting. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place set Acquisition of Ease- for the public hearing to consider a resolution finding and ment at 2180 Newport determining that the public interest and necessity requires the acquisition of an easement for street widening purposes, for that certain property located at 2180 Newport Boulevard, Assessor Parcel No. 426,121-22. Notice of the Public Hearing was sent to the property owner as required by law. No communications were received. The Public Services Director reviewed the Agenda Report dated March 8, 2002. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-18 Council Member Robinson, and carried 4-0, to adopt Resolution 02- 18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF AN EASEMENT, FOR STREET WIDENING PURPOSE, IN THAT CERTAIN PROPERTY LOCATED AT 2180 NEWPORT BOULEVARD, APN 426-121-22. -. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 4, Land Use Regulations 2002, second reading and adoption of Ordinance 02-4, to and Development incorporate numerous miscellaneous technical changes and Standards Affecting clarifications in land use regulations and development standards Zoning Districts affecting all zoning districts. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 02-4 Member Robinson, and carried 4-0, Ordinance 02-4 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 13 AND 20 OF THE COSTA MESA MUNICIPAL CODE TO INCORPORATE NUMEROUS MISCEL- LANEOUS TECHNICAL CHANGES AND CLARIFICATIONS IN LAND USE REGULATIONS AND DEVELOPMENT STANDARDS AFFECTING ALL ZONING DISTRICTS. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 4, Large -Family Day- 2002, second reading and adoption of Ordinance 02-5, regarding Care Homes the regulation of large -family day-care homes; and review criteria and standard conditions of approval for large -family day-care homes. The Associate Planner summarized the Agenda Report dated March 6, 2002. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 02-5; Member Steel, and carried 4-0, Ordinance 02-5 was given second Approved Criteria reading and adopted:, AN ORDINANCE OF THE CITY COUNCIL and Conditions OF THE CITY OF :COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REGULATION OF LARGE -FAMILY DAY-CARE HOMES, and the review criteria and standard conditions of approval were approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 4, Illegal Drugs and Gang 2002, second reading and adoption of Ordinance 02-6, establishing Activity on Rental regulations applicable to landlords renting property upon which Property specified illegal drug or gang activities are occurring. Communications were received from David Stiller, 2879 Regis Lane, Costa Mesa, suggesting ;that the ordinance be amended to address situations, where convictions have been appealed; and South Coast Apartment Association, 2102 Business Center Drive, Irvine, supporting the ordinance'as amended. Michael Szkaradek, 1:555 Mesas Verde Drive East, No. 54-13, Costa Mesa, expressed concern that the ordinance will negatively affect innocent family members, and questioned why renters are the only persons targeted, asking what information would be utilized by the police to make the determination of wrong doing, and stated that, as a renter, he has never experienced problems with gangs or drugs. Martin Millard, 2973. Harbor Boulevard, No. 264, Costa Mesa, supported the ordinance, and suggested that Mr. Szkaradek has not experienced gang problems because he lives in Mesa Verde. He felt that the ordinance sends a psychological message that the City is "fed up" with crime. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, supported the ordinance. John Feeney, 1154 Dorset Larne, Costa Mesa, representing the Mesa North Crime Prevention Committee, thanked the Police Chief and his staff for their efforts and thanked Council for adopting the ordinance. Council Member Steel thanked Mr. Feeney for bringing the ordinance to Council's attention. Council Member Robinson stated that she .has received and reviewed an e-mail from David Stiller regarding adding language to the statute regarding the appeali of convictions, noting that landlords have a right to evict whomever they want for whatever reason. She added that being convicted of, a crime would be grounds for an eviction. MOTION/Adopted On motion by Council -Member Steel, seconded by Council Member Ordinance 02-6 Robinson, and carried 4-0, Ordinance 02-6 was given second reading and adopted' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA; MESA, CALIFORNIA, ADDING CHAPTER 12 TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED ILLEGAL DRUG OR GANG ACTIVITIES ARE OCCURRING. Council Member Cowan supported the motion believing that the ordinance sends a message that Council does not support drug or gang activity in the community. ' She commented that she does not believe that adopting the ordinance is an answer to the problem. She acknowledged her contribution in assisting with renegotiation of the ordinance so as to ensure its acceptability to Council. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 4, Soliciting Employment 2002, second reading and adoption of Ordinance 02-7, regarding on Private Property solicitation employment on private property. A communication was received from Dennis Huffman, no address given, opposing the ordinance. The Assistant City Attorney responded to questions from Council. Margaret Morgan, 206 East 15th Street, Costa Mesa, asked for assurance that by banning solicitation on private property, public property would not be used. The Assistant City Attorney indicated that it is not illegal for people to gather in areas such as parks and private property. Steve Stafford, 2135 -Elden Avenue, No. 10, Costa Mesa, asked about soliciting employment from City streets. The Assistant City Attorney replied that this is a provision in the existing ordinance. Leon Martella, 1959 Maple Avenue, Costa Mesa, thought that monies expended on the Job Center should be directed elsewhere. Mayor Dixon informed Mr. Martella that the Job Center will be discussed at the meeting of April 1, 2002. John Wright, 2860 Royal Palm Drive, Costa Mesa, felt that the ordinance is unworkable because it would be difficult to enforce. Tom Egan, 1893 Parkview Circle, Costa Mesa, objected to the sign being printed in Spanish because it sets the wrong "tone". Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, thought that the signs should be printed in English only, allowing the property owner the option of adding the information in Spanish. Kurt Sense, 3070 Ceylon Drive, Costa Mesa, proposed that the City provide either a template or the signs themselves in order to assure uniformity. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, and Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, thought that the signs should be in English only. Motion to Adopt Ordi- A motion was made by Council Member Cowan, seconded by nance Failed to Carry Council Member Robinson, to adopt Ordinance 02-7. Council Member Robinson, although not agreeing with some of the comments regarding the English only signs, thought that a point was made regarding the property owners having the option of using both languages. She asked Council Member Cowan if she would amend Section 10-354.1(b)(3) to read, "Contains a notice with lettering not less than one inch in height written in English and/or Spanish at the property owners option in substantially the following form:" The maker of the motion declined the addition, and Council Member Robinson withdrew her second. Council Member Steel objected to using both languages but acknowledged that a conviction probably will not be obtained unless the sign is also in Spanish. The City Attorney, referring to an earlier ordinance regarding dayworkers, reported that the District Attorney and judges at Harbor Municipal Court had strongly advised that notices be written in both languages. Council Member Robinson stated her concern that the City is a governmental body ,forcing its will on private property owners. The City Attorney reported on his knowledge of the success of the Huntington Beach' ordinance ;which is a voluntary program, commenting that if a business owner is motivated to prevent dayworkers from using his property as a site for soliciting employment, that they'would use both English and Spanish. After discussion, Mayor Dixon seconded the motion, which failed to carry 2-2, Council Members Robinson and Steel voting no. MOTION/Adopted On motion by Mayor Dixon, seconded by Council Member Ordinance 02-7 Robinson, and carried 3-1, Council Member Cowan voting no, Ordinance 02-7 was', given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,;AMENDING CHAPTER XIX OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REGARDING SOLICITING EMPLOYMENT ON PRIVATE PROPERTY, amending Section 10- 354.1(b)(3) to read, "Contains a notice with lettering not less than one inch in height written in English and/or Spanish at the property owners option in substantially the following form:" OLD BUSINESS The Deputy City Clerk presented a report on the purchase of Purchase of Edison Southern California Edison excess property, Parcel 1 of Tentative Excess Property Parcel Map No. 2000-239, for $545,000.00. The Public Services Director reviewed the; Agenda Report dated March 13, 2002, and responded to questions from Council. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that $547,000.00 was too; expensive for this property, and suggested using the money for sports facilities. He proposed negotiating for soccer fields at Back ,Bay High School. The City Manager replied that the fields at that school are used extensively for soccer from sunup to sundown every Saturday and Sunday. MOTION/Declined to A motion was made; by Council Member Cowan, seconded by Enter into Agreement Council Member Steel, and carried 4-0, to decline entering into a purchase agreement for the property and approve the release of any obligations that the owner might have under the current letter of understanding. Mayor Dixon supported the motion, commenting that as much as she wants to preserve open space, the price is outlandish. Council Member Robinson, a tremendous supporter of preserving and maintaining open space, thought that this property would be best used for housing. NEW BUSINESS The Deputy City Clerk presented the Downtown and Eastside Committee Recom- Transportation Ad Hoc Committee Recommendations for Newport mendations for Boulevard. A communication was received from Randy Garell, The Newport Boulevard Grant Boys, Inc., 1750 Newport Boulevard, Costa Mesa, member of the Committee, giving reasons why he disagrees with the recommendations from the Committee and staff. Steve Stafford, 2135 Elden 'Avenue, No. 10, Costa Mesa, suggested that the $700,000.00 should not be returned to the Orange County Transportation: Authority (OCTA) but should be used to solve major traffic problems. The Mayor announced that this item will be continued to April 1, 2002. NEW BUSINESS The Deputy City Clerk presented staff recommendations regarding AT&T Broadband AT&T Broadband Customer Service Issues: Customer Service Issues Find that AT&T has failed to meet the minimum standards for customer service calls set forth in the Franchise Agreement and therefore good cause exists to impose a fine of $100.00 per day. Designate the City Manager as the City Council's authorized agent to implement the above stated course of action. - A communication was received from Cole, Raywid and Braverman, L.L.P., Attorneys at Law, 2381 Rosecrans Avenue, Suite 110, EI Segundo, representing AT&T Broadband, requesting a continuance because a number of issues have not been addressed by City staff. The Telecommunications Manager reviewed the Agenda Report dated February 28, 2002. Del Heintz, 1151 Aviemore Terrace, Costa Mesa, Southern California Director of Government Affairs, AT&T Broadband, apologized for the difficulties of the past year, and assured Council that dramatic steps were being taken to improve overall customer service. He made a slide presentation, "Costa Mesa Service Issues and Solutions, a discussion of recent disruptions and improvements". In response to a question from Council Member Cowan, Mr. Heintz indicated that the public was made aware of the customer service forum on Thursday, March 14, 2002, via advertising on Channels 3 and 74, and an article in the Daily Pilot. He clarified that since the corporate offices have returned power to the local entities, dramatic improvements have been made. Council Member Steel proposed that AT&T impose more local control. Council Member Robinson related a recent cable problem, stating that it took 20 minutes to get through to AT&T, and a week and a half before an appointment could be made. The Sr. Deputy City Attorney responded to a question from the Mayor by stating that action could be taken on this item at this time. Steve Stafford, 2135 Elden Avenue, No. 10, Costa Mesa, supported monthly meetings being held with AT&T. Susan James, 1762 Kenwood Place, Costa Mesa, a Pacific Bell customer, noted her desire to become affiliated with AT&T, and detailed the problems she has encountered. She asked the City not to limit her choices. Council Member Cowan replied that the City has an open franchise. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, supported staffs recommendation, commenting on the inefficient service provided by AT&T Broadband. Beth Refakes, 320 Magnolia Street, Costa Mesa, felt that there should be advance publicity regarding the AT&T/community meetings. Mr. Heinz clarified for Council Member. Steel that AT&T is proposing that the second quarter, April, May, and June, 2002, be used .'s the verified measurement period to prove that they - are "on - track", returning to Council in mid-June with a full -quarter measurement-. Council Member Cowan stated that the cable -company has not posed problems for her, noting that she is not a typical -customer because she does not watch television often. She felt that having customer service representatives locally is not realistic. MOTION/Continued A motion was made, by Council Member Cowan, seconded by Council Member Steel, to continue this item until the next quarter reports, April, May, June, 2002, can be encompassed, and until that time, require AT&T to set up monthly customer meetings that are well advertised and noticed, allowing flexibility for whatever time it takes to actually compile the reports. Mayor Dixon supported the motion, stating that the residents should have the type of service and attention they deserve. Referring to the monthly customer meetings, Council Member Cowan suggested placing a notice in the monthly statements, via e-mail, and public notices in the newspaper. Council Member Robinson opposed the motion, citing poor performance by AT&T dating back to September, 1999. She felt that the residents have dealt with this situation long enough, and $100.00 per day would not financially affect the cable company but would send a positive message to residents. Council Member Steel wanted more local control for residents. SUBSTITUTE A substitute motion was made by Council Member Robinson, MOTION/To Approve seconded by Council Member Steel, to approve the staff Recommendations recommendations. The substitute motion failed to carry 2-2, Council Members Dixon and Cowan voting no. The original motion carried 3-1; Council Member Robinson voting no. COUNCIL Council Member Steel thought that the City needed to rid itself of COMMENTS the Costa Mesa Job Center physically, financially, and Job Center philosophically. Tree City U.S.A. Council Member Cowan enjoyed the Arbor Tree Day planting for the City's Tree City U.S.A. designation. Relative to the Fairview Park Master Plan and the location of the new trees, she asked if there is a conflict with the newly designated area for the gliders, and are the Negative Comments trees compatible with the Master Plan. Addressing previously made negative comments; she objected to Costa Mesa being called "ground zero" or the "eye of the hurricane", expressing her feeling that Costa Mesa is a beautiful, wonderful community. She reviewed the City's assets such as the Performing Arts Center, parks and playgrounds, colleges, etc. ADJOURNMENT The Mayor declared the meeting adj7Z�' 0 p.m. V )e6KA,-N,_ Mayor of the City of Costa Mesa 1