HomeMy WebLinkAbout07/15/2002 - City Council1
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REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
July 15, 2002
The City Council of the City of Costa Mesa, California, met in
regular session July 15, 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 Mayor Dixon, and invocation by Dave
Elliott, Vanguard University.
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
Finance Director Marc Puckett
Administrative Services Director
Steve Hayman
Police Operations Captain
Jim Watson
Police Lieutenant Karl Schuler
Planning and Redevelopment
Manager Mike Robinson
Senior Deputy City Attorney
Marianne Reger
Associate Planner Claire Flynn
Associate Planner Mel Lee
Deputy City Clerk Julie Folcik
MINUTES On motion by Council Member Cowan, seconded by Council
July 1, 2002 Member Robinson, and carried 5-0, the minutes of the regular
meeting of July 1, 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.
MOTION/Approved A motion was made by Mayor Dixon, seconded by Council
Revision of Public Member Robinson, and carried 4-1, Council Member Steel voting
Comments no, to allow ten speakers, three minutes each, to be heard during
the regularly scheduled Public Comments at the beginning of the
meeting, the balance to speak at the end of the meeting directly
after New Business and prior to Reports.
Council Member Steel opposed the motion, stating that speakers
should be allowed to voice their opinions under Public Comments
at the beginning of the meeting.
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PRESENTATION Mayor Dixon congratulated Mitt Seely, Code Enforcement Division
Employee of the of the Development Services Department, on being named
Month Employee of the Month for July, 2002, in recognition of his
diligence in responding to code violations on the City's west side
and his excellent rapport with the residents and businesses in the
area. He was commended for his attitude toward the job and his
ability to be diplomatic while enforcing structural, landscaping, and
other code violations.
PUBLIC COMMENTS Toby Weissman, no address given, reported that she has been
4th of July Fireworks blind since birth, and her hearing is vital. She indicated that she
cannot leave the area every 4 h of July, and fireworks cause
terrifying noise and present a fire hazard. On behalf of her fellow
disabled friends as well as herself, she asked Council to ban
fireworks in the City. '
Sherrie Neft, 3132 Madeira Avenue, Costa Mesa, concurred with
Ms. Weissman regarding the danger of fire due to drought
conditions, and pointed out that 51 percent of the 1990 voters cast
their votes to discontinue the sale of fireworks.
Niketown Demonstra- Thomas Lash, 20 -year resident , of Huntington Beach, addressed
tion the "false arrest" of Naui Huitcilopochtli, 1003 Mission Drive, No. 1,
Costa Mesa, on July 4, 2002, at Niketown in Triangle Square,
Costa Mesa. He commented that he has worked with Naui on a
number of local peace and social justice issues, including the
Niketown demonstration. Mr. Lash complained that the
demonstrators, which were peaceful, were harassed by three
young thugs while the police took no action.
Fifi Wong, 17545 Monette Circle, Yorba Linda, presented
photographs showing various aspects of the Niketown
demonstration and described each picture.
MOTION/Approved A motion was made by Council Member Steel, seconded by
Extension of 3 -Minute Council Member Cowan, and carried 4-1, Mayor Dixon voting no,
Time Limit to approve the extension of Ms. Wong's 3 -minute time limit in order
to ascertain the point of her presentation.
Ms. Wong stated that her intent was to provide evidence of what
occurred on July 4, 2002.
Ushanda Elima, 310 Avocado Street, Costa Mesa, indicated that in
her dealings with Naui Huitcilopochtli he had been respectful,
gentle, and a peaceful person.
Rosalina Ramirez, 1120 West Broadway, Anaheim, reported on
being attacked at the Niketown incident on July 4th, and
complained that the Police told her that she would have to file a
report at the Police Department. She stated that she had been a
"victim", and had not been afforded the same courtesy as the
"thugs" who attacked her. She objected to the arrest of Naui
Huitcilopochtli explaining that he is a man of good character.
Duane Roberts, 2276 Colchester Drive, No. 6, Anaheim, read a
letter submitted to Police Chief Dave Snowden, regarding the
conduct of Costa Mesa Police officers at the Niketown
demonstration. He summarized by stating that, "...The allegations
brought forth to me strongly suggest that the Costa Mesa Police
violated constitutional law by issuing an illegal order demanding
that the protesters disperse, that Naui's due process rights were.
violated when they threatened to arrest protesters offering
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testimony that would exonerate him, and that the civil rights of the
protesters were violated by the way they were treated when
making a request for service." Mayor Dixon stated that the
Niketown incident is being investigated, and Council will receive a
report.
Orange County Dyke Lori Hutson, Gay and Lesbian Center of Orange County, 12832
March Garden Grove Boulevard, Garden Grove, member of the
organizing committee for the Orange County Dyke March,
announced that the event will be held at Lions Park on August 17,
2002. She indicated that the group is a nonprofit organization, and
asked Council to put a "cap" or waiver on the costs associated with
the event. She reported that the purpose of the march is to bring
visibility to lesbian and women's issues to combat discrimination
and harassment in the workplace, on the streets, etc. The City
Manager confirmed that the application for a waiver of fees will be
scheduled for the meeting of August 5, 2002.
Tucker Baldwin, Gay and Lesbian Center of Orange County, 12832
Garden Grove Boulevard, Garden Grove, Director of Finance for
the Center, issued a plea to Council to assist the gay and lesbian
community in completing Dyke March 2002. He reiterated the
request for financial aid, and addressed a 1992 decision by the
United States Supreme Court which indicated that the law frowns
upon restricting free speech and the charging of exorbitant fees to
conduct events in public.
Target Greatland Al Morelli, 3412 Geranium Street, Costa Mesa, regarding his
Store complaint about the Target Greatland, store on Harbor Boulevard at
the meeting of July 1, 2002, asked that the mitigation measures
which control the noise, traffic, etc., be audited. He requested the
records of inspection or a simple checklist. The City Manager
suggested that staff work with Mr. Morelli on both levels of his
request; the physical development of the project and a post
construgtion analysis reviewing traffic levels, sounds studies, etc.,
to ascertain if the project fits the original environmental analysis.
Newport Boulevard/ The resident at 240 Santa Isabel Avenue, Costa Mesa, reported
Wilson Avenue Inter- that she had been involved in an accident at the intersection of
section southbound Newport Boulevard and Wilson Avenue, where a child
had been killed two weeks earlier. She asked that the number of
collisions occurring at that intersection be investigated, and urged
that action be taken. She observed that the block wall of the
Newport Glen Apartment complex blocks the view of cars traveling
on both streets, as does a large palm tree which could be trimmed.
She suggested adjusting the traffic signal sequence. Mayor Dixon
responded that this intersection will be discussed at a later date.
Council Member Cowan confirmed that the intersection is being
considered under the Red Light Camera Enforcement Program.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR. Item No. 8, Agreement with Merit Civil Engineering for design of
multi-purpose trails at Fairview Park; and Item No. 10, Allocation of
the 2001 and 2002 California Law Enforcement Equipment
Program (CLEEP) grant surplus and earned interest.
MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council
Except Item Nos. 8 Member Cowan, and carried 5-0, the remaining Consent Calendar
and 10 items were approved as recommended.
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READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Anatoly Mirochnik;
and Paula Watson:
Alcoholic Beverage Request for an Alcoholic Beverage Control (ABC) License for
License Circle K, 2346 Newport Boulevard, Suite A, for a person-to-
person transfer of a Type 29 (off -sale beer and wine).
Public Utilities Southern California Gas Company (SoCalGas) filed Application
Commission No. 02-06-035 with the California Public Utilities Commission
requesting approval to recover in rates shareholder incentives
of $17.4 million earned under its Gas Cost Inventive
Mechanism (GCIM) Program.
WARRANTS The following warrants were approved:
Approved Warrant Warrant Resolution 1908, funding City operating expenses for
1908 $1,551,547.08.
Approved Warrant Warrant Resolution 1909, funding Payroll 214 for
1909/Payroll 214 $1,952,480.12, and City operating expenses for $547,660.23.
REJECTED CLAIMS The following claims were rejected:
Ayala Claim from Oscar Ayala (alleged false arrest by Costa Mesa
Police).
Cadenhead Claim from John Cadenhead (alleged false arrest by Costa
Mesa Police).
Martinez Claim from Maria Martinez (alleged errant golf ball struck
claimant and her vehicle).
ADMINISTRATIVE Resolution 02-50 was adopted: A RESOLUTION OF THE CITY
ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Resolution 02-50; ESTABLISHING THE EXECUTIVE COMPENSATION PLAN AND
Approved Budget REVISING THE EXECUTIVE SALARY SCHEDULE TO REFLECT
Adjustment No. 03- CHANGES IN THE ' ESTABLISHED LABOR MARKETPLACE,
005 amending Resolution 02-25; and Budget Adjustment No. 03-005,
for $212,584,00, was approved.
Approved Agreement An agreement was approved with Dudek and Associates, 2400
with Dudek for East Katella Avenue, Suite 1265, Anaheim, for $79,100.00, for the
Canyon Park Slope design of slope restoration improvements at Canyon Park, and the
Restoration Design preparation of an erosion evaluation report for the west -facing
slope at Fairview Park, and the Mayor and Deputy City Clerk were
authorized to sign on behalf of the City.
Approved Agreement A five-year agreement was approved with SBC -Pacific Bell, 1010
with SBC -Pacific Bell Wilshire Boulevard, Room 500, Los Angeles, to install and
for Upgraded 9-1-1 maintain an upgraded 9-1-1 system (funded by the State of
System California), and the Mayor and Deputy City Clerk were authorized
to sign on behalf of the City.
Approved Agreement An agreement was approved with the Bark Park Volunteer
with Bark Park Foundation for their use of an existing concrete building adjacent
Volunteer Foundation to the Bark Park for storage of equipment and supplies, and the
for Storage Mayor was authorized to sign on;behalf of the City.
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Lions Park Re -Grade, Regarding the Re -grading of Existing Improvements at Lions Park,
Project No. 02-08 Project No. 02-08, the following action was taken:
Rejected Green Giant The non-responsive bid from Green Giant Landscape, Inc., was
Landscape Bid rejected.
Authorized Staff to Staff was authorized to negotiate a contract with a qualified
Negotiate Contract landscaping contractor for a total amount not to exceed
$9,000.00, and the City Manager was authorized to execute the
agreement.
Approved Modifica-
Proposed modifications were approved to City Council Policy 300 -
tions to City Council
6 pertaining to City Council relations with employees, adding
Policy No. 300-6
clarifying language to include all City Council appointed
commissions and committees.
Agreement with Merit
Item No. 8 on the Consent Calendar was presented: Agreement
Civil Engineering for
with Merit Civil Engineering, Inc., for the design of multi-purpose
Fairview Park Trails
trails at Fairview Park. Robert Graham, 3260 Dakota Avenue,
Costa Mesa, provided a photograph of the proposed 3 -foot wide
dirt trail between the Bark Park and the parking area, commenting
that this is inadequate. He observed that constructing the trail
surface out of dirt would prevent rollerbladers and persons in
wheelchairs from using the trail. On motion by Council Member
MOTION/Approved
Cowan, seconded by Council Member Robinson, and carried 5-0,
Agreement
the agreement was approved with Merit Civil Engineering, Inc., 283
North Rampart Street, Suite E, Orange, for $31,096.00, for the
design of multi-purpose trails at Fairview Park not located in
Planning Areas A, C, and D, and the Mayor and Deputy City Clerk
were authorized to sign on behalf of the City.
Allocations of 2001 Item No. 10 on the Consent Calendar was presented: Allocations
and 2002 CLEEP of the 2001 and 2002 California Law Enforcement Equipment
Program (CLEEP) grant surplus and earned interest. In response
to a request from Mayor Dixon, the Police Operations Captain gave
a brief presentation on the graffiti camera, stating that they would
allow the Police to collect evidence and would also act as a
deterrent to those committing the crime. On motion by Mayor
MOTION/Approved Dixon, seconded by Council Member Cowan, and carried 5-0, the
Allocations $188,000.00 in allocations were approved for the 2001 and 2002
CLEEP grant surplus and earned interest.
PUBLIC HEARING The Deputy City Clerk announced that this is the time and place
2002-2003 Citizens' set for the public hearing to review and consider the
Option for Public recommendations of the Police Department for the 2002-2003
Safety/Supplemental allocation of the Citizens' Option for Public Safety/Supplemental
Law Enforcement Law Enforcement Services Fund for an estimated total of
Services Fund $220,000.00. The Affidavit of Publication is on file in the City
Clerk's office. No communications were received. The Police
Operations Captain summarized the Agenda Report dated June
21, 2002. The City Manager clarified that this grant program was
developed to add front line law enforcement officers. Mayor Dixon
was pleased that the balance of the funds would be directed
towards youth programs. There being no speakers, the Mayor
closed the public hearing.
MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded by
Allocations Council Member Cowan, and carried 5-0, to approve the
allocations.
PUBLIC HEARING The Deputy City Clerk announced that this is the time and place
Fiscal year 2002- set for the public hearing to consider a resolution establishing and
2003 Rates, Fees, adopting schedules of rates, fees, and charges for Fiscal Year
and Charges 2002-2003 for services provided by the City of Costa Mesa. The
Affidavit of Publication is on file in the City Clerk's office. No
communications were received. The Finance Director reviewed
the Agenda Report dated May 23, 2002. Council Member
Robinson supported the reduction in the fee for residents to file an
appeal with the City.
Oran Marksbury, 2273 Colgate Drive, Costa Mesa, questioned the
"refundable deposit" items which have increased from $350.00 to
$500.00, a markup of over 40 percent. The Administrative
Services Director clarified that the question is in reference to
deposits required for room rental at the Neighborhood Community
Center, and responded that all fees, whether deposits or direct
fees, are based upon the municipal marketplace.
There being no other speakers, the Mayor closed the public
hearing.
MOTION/Adopted On motion by Council, Member Cowan, seconded by Mayor Dixon,
Resolution 02-51 and carried 5-0, Resolution 02-51 was adopted: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES
OF RATES, FEES, AND CHARGES, FOR FISCAL YEAR 2002-
2003 FOR SERVICES PROVIDED BY THE CITY OF COSTA
MESA.
PUBLIC HEARING The Deputy City Clerk announced that this is the time and place
Chain Link Fencing set for the public hearing to consider an ordinance amending Titles
13 and 20 of the Costa Mesa Municipal Code relating to screening
and/or removal of chain link fencing. Environmental
Determination: Exempt. The Affidavit of Publication is on file in
the City Clerk's office. A communication was received from
Eleanor Egan, 1893 Parkview Circle, Costa Mesa, clarifying that
the new ordinance is proposed because the current ordinance is
unenforceable. The Associate Planner summarized the Agenda
Report dated July 8, 2002.
Oran Marksbury, 2273 Colgate Drive, Costa Mesa, felt that a
property owner should have the right to install chain link fencing,
and it should not be a decision of the City.
Beth Refakes, 320 Magnolia Street, Costa Mesa, objected to chain
link fencing, referring to it as unattractive. She suggested a five-
year time limit for fencing used in a remodel project. Ms. Refakes
thought that more sturdy fencing should be installed around the
perimeter of schools, etc.
There being no other speakers, the Mayor closed the public
hearing.
MOTION/Gave A motion was made ' by Council Member Cowan, seconded by
Ordinance 02-14 Mayor Dixon, and carried 4-1, Mayor Pro Tem Monahan voting no,
First Reading to give first reading to Ordinance 02-14: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY .OF COSTA MESA, CALIFORNIA,
AMENDING TITLES' 13 AND 20 OF THE COSTA MESA
MUNICIPAL CODE RELATING TO THE AMORTIZATION OF
RESIDENTIAL CHAIN LINK FENCING VISIBLE FROM A PUBLIC
STREET OR ALLEY. Second reading and adoption are scheduled
for the meeting of August 5, 2002.
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PUBLIC HEARING The Deputy City Clerk announced that this is the time and place
Appeal of PA -02-19, set for the public hearing to consider an application from Council
Brown/Wahler Member Steel appealing the Planning Commission's approval of
Planning Application PA -02-19 for Jim Brown, authorized agent for
Rick Wahler, for a variance to exceed the maximum allowable
building height (30 feet permitted; 36 feet proposed), for a two
story, 11,200 square -foot office building previously approved under
Development Review DR -01-09, for property located at 2800
Bristol Street in a C1 zone. Environmental Determination:
Exempt. The Affidavits of Publishing and Mailing are on file in the
City Clerk's office. No communications were received. As liaison
to the Bristol Street Specific Plan Oversight Committee, Council
Member Steel felt that this application should be reviewed by the
committee prior to a decision being made, as well the opportunity
should be provided to other concerned individuals to address this
issue. The Associate Planner summarized the Agenda Report.
George Khachadoorian, 3045 Jeffrey Drive, Costa Mesa,
Marketing Director for the South Pacific Car Wash and Lube
Center, provided photographs illustrating the existing buildings,
vacant lot, and the proposed building. He explained that they are
proposing mixed-use retail and office building, and provided details
of the project.
Council Member Robinson felt that the design of the building is
attractive but incompatible with other buildings in the area. She
thought that there were many different ways in which to deal with a
hardship other than giving the 6 -foot variance.
Rick Wahler, 155 Cypress Drive, Laguna Beach, stressed that they
are willing to meet with the Bristol Street Specific Plan Oversight
Committee on Tuesday, July 16, 2002, but are anxious to proceed
with the project. He observed that the only other option is to
replace the pitched roof with a flat roof and use normal mechanical
screens. He felt that the architectural design would be a benefit to
the community.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
noted the lack of communication between the City and the
Committee. He denied that the project had a "hardship", and
suggested architectural modifications.
There being no other speakers, the Mayor closed the public
hearing.
Mayor Dixon stated that she is always looking for innovative
projects that combine mixed use, including retail businesses and
housing. She approved of this project, noting her desire that one
of the retail establishments be some type of art gallery.
MOTION/Adopted A motion was made by Mayor Dixon, seconded by Council
Resolution 02-52 Member Cowan, to uphold the Planning Commission's decision by
adopting Resolution 02-52: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING PLANNING APPLICATION PA -02-19.
SUBSTITUTE A substitute motion was made by Council Member Steel, seconded
MOTION/To Continue by Council Member Robinson, to continue this public hearing to the
Failed to Carry earliest possible meeting. The motion failed to carry 3-2, Mayor
Dixon, Mayor Pro Tem Monahan, and Council Member Cowan
voting no.
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The original motion carried 3-2, Council Member Steel and Council
Member Robinson voting no.
Council Member Robinson understood and appreciated the
developer's concerns about the length of time the project has been
in the works but thought that since Council had established a
committee to specifically look at this corridor to ensure that it has a
theme and that the theme is carried out, that it would be
appropriate for the committee to review the project at it earliest
convenience.
OLD BUSINESS The Deputy City Clerk presented from the meeting of September
Red Light Camera 17, 2001, an agreement with Nestor Traffic Systems, Inc., One
Enforcement Program Richmond Square, Providence, Rhode Island, for the
implementation of a Red Light Camera Enforcement Program.
The Police Lieutenant reviewed the Agenda Report dated July 5,
2002, and showed a filmed demonstration of the camera. The City
Attorney reported that this agreement had been negotiated for
months, and the end result limits the City's risk with respect to both
litigation and costs.
Heather Somers, 313 Robin Hood Lane, Costa Mesa, supported
implementation of the system in order to assist the Police
Department and add to the level, of safety in the City. She asked if
a camera will be placed at 19th Street and Newport Boulevard. The
Police Lieutenant replied that the California Department of
Transportation had approved that installation.
Oran Marksbury, 2273 Colgate Drive, Costa Mesa, observed that a
dollar amount is not referenced,, and objected to a "police state"
environment. Mayor Dixon reported that her intent is to direct the
revenues from fines to the driver's education programs at Estancia
and Costa Mesa High Schools.
Janice Davidson, 1982 Arnold Avenue, Costa Mesa, noted her
observation of the increased number of persons going through red
lights, and supported the Red Light Camera system.
MOTION/Approved A motion was made by Council Member Cowan, seconded by
Agreement Mayor Dixon, and carried 5-0, to approve the agreement with
Nestor Traffic Systems, for installation of the Red Light Camera
Enforcement Program, for $3,336.75 per month per installed
approach, authorize the Mayor to sign on behalf of the City, and to
direct staff to provide a recommendation on the possibility of
expending the City's percentage of the violation monies for driver's
education at Costa Mesa high schools.
RECESS The Mayor declared a recess at 8:06 p.m., and reconvened the
meeting at 8:17 p.m.
OLD BUSINESS The Deputy City Clerk presented from the meeting of April 15,
Oversized and Non- 2002, an oversized and nonmotorized vehicle ordinance. The
motorized Vehicle Police Lieutenant reviewed the Agenda Report dated July 10,
Ordinance 2002.
Dave Goss, 2021 Kornat Drive, Costa Mesa, President of the
Costa Mesa RV Owner's Association, commented on the value of
the town hall meeting sponsored by the City, and reiterated his
group's support of the Newport Beach ordinance in its entirety. He
reportedthat the majority of the participants in an RV owner's
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meeting held July 12, 2002, at the Neighborhood Community
Center, agreed that the 48-hour time limit, with the possibility of an
extension, is the most reasonable proposal.
Bill Folsom, 2700 Pederson Place, Costa Mesa, Vice President of
the Costa Mesa RV Owner's Association, encouraged Council to
adopt an ordinance that allows the most freedom and places as
little burden as possible on those affected. He hoped that this
Council and future Councils will acknowledge the contributions of
Costa Mesa residents who have influenced sport and industry
worldwide, and not discourage the lifestyle that has produced
many world champions and world record holders.
Frank Leingang, 3368 California Street, Costa Mesa, Secretary/
Treasurer of the Costa Mesa RV Owner's Association, addressed
the 48-hour time limit and asked that persons with unattached
house trailers be allowed to load and unload near the owner's
property.
Irene Shannon, 1640 Newport Boulevard, Space 17, Costa Mesa,
a camper, reported that the City considers a vehicle seven feet
high to be an RV, and her vehicle is seven feet high and is not an
RV. She asked about parking nonresident RV's on City streets,
noting that other cities allow parking alongside of their parks.
Beth Refakes, 320 Magnolia Street, Costa Mesa, supported any
ordinance designed to prevent the streets from being used as a
storage yard. She felt that oversized vehicles, including RV's,
parked on narrow, residential streets create a hazard to drivers,
pedestrians, and bicyclists, as well as undermine street sweeping
efforts and give a blighted appearance to the neighborhood. Ms.
Refakes thought that the 24-hour time limit should be adequate for
frequent travelers.
The resident at 1728 Placentia Avenue, Costa Mesa, an RV
owner, supported the ordinance and the 48-hour time limit,
including the 24-hour extension, if necessary.
Mark Harris, 917 Tanana Place, Costa Mesa, thought that 90 to 95
percent of owners store their RV's on the street. He commented
that he does not park his boat on the street, and suggested that
staff investigate the inclusion of an area for RV storage in the
Master Plan for the Orange County Fairgrounds.
MOTION/Gave A motion was made by Mayor Pro Tem Monahan, seconded by
Ordinance 02-15 Council Member Steel, and carried 5-0, to give first reading to
First Reading Ordinance 02-15, 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 COMMER-
CIAL, OVERSIZED, AND NON -MOTORIZED VEHICLES ON CITY
STREETS, AND REPEAL AND REPLACEMENT OF OTHER
AFFECTED SECTIONS OF THE COSTA MESA MUNICIPAL
CODE, incorporating the following alternatives: "Modify the time
requirement under Section 2(d)(1) (Page 2 of the proposed
ordinance) from twenty-four (24) to forty-eight (48) hours. RV
owners will be allowed to request an additional 24 hours (for a
maximum total of 72 consecutive hours) for the purposes of
emergency repairs, activity preparatory or incidental to an
extended trip, good cause, or for an out-of-town visitor. Once an
oversized or non -motorized vehicle has been parked adjacent to
the owner's residence for 48 hours or 72 hours, if an extension has
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been granted, it must vacate that location for at least 48 hours."
Second reading and adoption are scheduled for the meeting of
August 5, 2002.
Council Member Cowan commended staff and the RV Owner's
Association for their efforts. She deemed the alternatives
proposed by Mayor Pro Tem Monahan as appropriate, supporting
the 48-hour time limit for parking. The Sr. Deputy City Attorney
responded to a question from Council Member Robinson by stating
that the intent of the ordinance is to ensure that once the RV owner
has exhausted the initial 48 hours (or 72 hours with the extension)
for loading and unloading, they must move the vehicle from that
location for at least 48 hours. Council Member Steel applauded
staff and the RV Owner's Association for their work. Mayor Dixon
thanked Dave Goss and Bill Folsom. She opposed Costa Mesa
being turned into a planned community but thought that the RV
ordinance is a positive step to beautify the City. She encouraged
the RV owner's to attend the Orange County Fairgrounds meetings
which are held on the last Tuesday of each month.
OLD BUSINESS The Deputy City Clerk presented from the meeting of July 1, 2002,
Costa Mesa Fire- a resolution revising the salary ranges for job classifications
fighters Association represented by the Costa Mesa Firefighters Association to reflect
the established labor marketplace pursuant to the 2000-2004
Memorandum of Understanding (MOU); and Budget Adjustment
No. 03-004 for $266,478.00. The Administrative Services Director
summarized the Agenda Report dated July 8, 2002.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Resolution 02-53; Member Robinson, and carried 5-0, Resolution 02-53 was
Approved Budget Ad- adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
justment No. 03-004 OF COSTA MESA, CALIFORNIA, REVISING THE SALARY
RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE
COSTA MESA FIREFIGHTERS ASSOCIATION TO REFLECT
THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO
THE 2000-2004 MOU, and Budget Adjustment 03-004 for
$266,478.00 was approved.
OLD BUSINESS The Deputy City Clerk presented from the meeting of July 1, 2002,
Part Time Employees a resolution adjusting the rates .of pay for part-time classifications
and employees to reflect the established marketplace; and Budget
Adjustment No. 03-003 for $210,479.00. The Administrative
Services Director reviewed the Agenda Report dated July 5, 2002.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Resolution 02-54; Member Robinson, and carried 5-0, Resolution 02-54 was
Approved Budget Ad- adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
justment No. 03-003 OF COSTA MESA, CALIFORNIA, ADJUSTING THE RATES OF
PAY FOR PART-TIME CLASSIFICATIONS AND EMPLOYEES TO
REFLECT THE ESTABLISHED MARKETPLACE; and Budget
Adjustment No. 03-003 for $210,479.00 was approved.
OLD BUSINESS The Deputy City Clerk presented from the meeting of July 1, 2002,
Canning Hunger Notice of Intention to Appeal or Solicit for Charitable Purpose from
Solicitation Permit Canning Hunger, 1353 Robert Court, Brea, to solicit food door-to-
door in residential areas from July 7, 2002, to May 1, 2003. The
Finance Director summarized the Agenda Report dated July 10,
2002, and responded to questions from Council. Council Member
Steel asked for information regarding the number of Orange
County cities who have denied the request for a solicitation permit
from Canning Hunger. The City Manager volunteered to confer
with the City Attorney and to provide Council with the current
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limitations and restrictions which may be imposed on nonprofit
organizations. The Finance Director offered to provide information
in a memorandum regarding hours of solicitation.
John Rule, 215 23rd Street, Costa Mesa, supported charitable
organizations as a rule but objected to the door-to-door concept.
MOTION/Request A motion was made by Mayor Pro Tem Monahan, seconded by
Denied Council Member Robinson, and carried 4-1, Council Member
Cowan, voting no, to deny the request.
Council Member Robinson expressed her concern regarding door-
to-door solicitation and the hours. She reported persons knocking
at the door of her residence well after dark, and mentioned safety
issues. Mayor Pro Tem Monahan mentioned the same concerns,
especially the door-to-door concept. Council Member Steel
concurred, and supported the motion. Mayor Dixon supported the
motion, noting her opposition to any door-to-door solicitation.
Mayor Dixon asked staff to prepare a report on door-to-door
solicitation in the City, including rights of Council to permit it, to not
permit it, the allowed hours of operation, etc.
OLD BUSINESS The Deputy City Clerk presented the Bristol Street Specific Plan
Bristol Street Specific Status Report. The Planning and Redevelopment Manager
Plan Status Report reviewed the Agenda Report dated July 8, 2002, and responded to
questions from Council, announcing that the Bristol Street Specific
Plan Oversight Committee meets the third Tuesday of each month,
5:30 p.m., in City Hall Conference Room 1A. Council Member
Steel suggested that the committee receive comments from the
public at their monthly meetings.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, was
disappointed that Council voted earlier in the evening regarding a
matter that is within the purview of the committee, and stated that
the committee members are wasting their time. He felt that the
vote should have been delayed until after the committee reviewed
the matter.
MOTION/Received On motion by Council Member Robinson, seconded by Mayor
and Filed Dixon, and carried 5-0, the report was received and filed.
NEW BUSINESS The Deputy City Clerk presented the Eastside Biennial Traffic
Eastside Biennial Monitoring Report:
Traffic Monitoring
Report Report documenting the results of the 2002 Eastside Traffic
Monitoring Program.
Direct staff to perform a detailed study on seven roadway
segments that show significant increase in traffic volumes and
report findings in approximately six months.
Direct staff to continue to monitor traffic conditions within the
Eastside area and provide updated reports every two years,
with the next general report occurring in July 2004.
The Public Services Director summarized the Agenda Report, and
responded to questions from Council. He explained that the traffic
counts performed by the contractor were inaccurate, and asked for
six months to work with the committee prior to bringing this item
back to Council.
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Tom Egan, 1893 Parkview Circle, Costa Mesa, a member of the
Downtown and Eastside Transportation Ad Hoc Committee but
speaking on his own behalf, referring to the data in the Agenda
Report, stated that six of the seven questionable streets create a
pattern and could form a new cut -through path. He questioned the
six-month extension, adding that the report should not be received
but "put off".
Council Member Steel asked, about the previously discussed
widening of Newport Boulevard from six to seven lanes. The
Public Services Director replied- that a Request for Proposal had
been developed and the project is being advertised.
Heather Somers, 313 Robin Hood Lane, Costa Mesa, was
concerned that the report is not adequate regarding the impact of
the increased traffic during the times when school begins and
ends. She asked the committee and staff to review specific traffic
patterns around Kaiser School, 2130 Santa Ana Avenue, and
Woodland School, 2025 Tustin ; Avenue, and to propose a traffic
flow for.pickup and,dropoff times. She requested that this item be
continued.
Robert Graham, 3260 -Dakota Avenue, Costa Mesa, asked why the
concern regarding figures which are much lower on the eastside
than the ones provided for West 19th Street, which has recently
been rezoned to residential.
The Public Services Director clarified for Mayor Pro Tem Monahan
that staff will verify the traffic count provided on the seven eastside
streets that have shown significant increases.
MOTION/Continued A motion was made by Council Member Cowan, seconded by
Mayor Pro Tem Monahan, and carried 5-0, to continue this item to
allow staff the opportunity to complete an analysis of the numbers
and to give the Downtown and Eastside Transportation Ad Hoc
Committee the opportunity to review that analysis and to provide
comments to Council, directing staff to verify the traffic count.
PUBLIC COMMENTS Rich Reiser, 2070 National Avenue, Costa Mesa, again asked that
Request for Additional additional_ traffic. enforcement officers be assigned to the west side
West Side Police of Costa Mesa. He reiterated his observation of a vehicle versus
two pedestrian incident on Saturday, June 29, 2002, at 6:30 p.m.,
near 1875 Placentia Avenue, and asked for painted crosswalks on
Placentia Avenue, Center Street, 19th Street, and Federal Avenue.
He asked for a Police officer to be placed at Monrovia Avenue and
19th Street to aid children crossing the street in the morning.
Regarding a comment by Mr. Reiser, Mayor Dixon advised him that
the arts do not take precedent over the personal safety of citizens.
Orange Coast College William Pezzullo, 3400 Meadowbrook, Costa Mesa, regarding
Swap Meet previous discussions pertaining to the Orange Coast College
(OCC) Swap Meet, reported that no OCC vendor who is actively
involved in the effort to restore the Saturday swap meet has ever
commented or implied that the Orange County Marketplace has
influenced the City. He indicated that the vendors support OCC in
their efforts to obtain a conditional use permit.
West Side Deteriora- Jan Peterson, owner the apartment complex at 1990 - 2002 Maple
tion Avenue, Costa Mesa, reported that she had addressed the
deterioration of the west side of Costa Mesa in a letter to Council in
May, 2002, in which she included her report of witnessing a gang
fight near her property while trapped in her car. She indicated that
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as little as a year ago, she was not afraid to walk in the
neighborhood but that has changed. She attempts to upgrade her
area with landscaping and cleaning, and commended the graffiti
hotline for their response to her calls. Ms. Peterson commented
that one of the houses on Maple Avenue is constantly littered with
trash, and urged Council to take an evening walk on Maple Avenue
between 19t and Hamilton Streets. Mayor Dixon asked Ms.
Peterson to provide the address of the aforementioned house to
staff.
Sylvia Branson, 900 West 19th Street, Costa Mesa, reiterated the
need for additional Police officers on the west side. She added that
the sidewalks and roads need improving, and suggested that
Council take more interest. Mayor Dixon asked the City Manager to
enumerate the improvement projects involving the west side of
Costa Mesa, and he complied.
Gang -Related Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
Activities reported that in his Mesa North neighborhood there has been a
gang shooting and various other gang -related activities. He urged
Council to take action. He mentioned a plan where the Children's
CHOC/School District Hospital of Orange County (CHOC) and the Newport -Mesa Unified
Plan School District will provide eight examination rooms on the campus
of REA School, which he felt would be another "magnet" in Costa
Mesa.
Huntington Beach Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported on
Resort the new resort being constructed on Pacific Coast Highway in
Huntington Beach with a pedestrian bridge from the hotel to the
beach. He reported that the resort can be viewed from Bethel
Towers on 19th Street, and reiterated his desire to see 19th Street
extended to Huntington Beach. He felt that the extension made
economic sense.
4th of July Fireworks Janice Davidson,.. 1982 Arnold Avenue, Costa Mesa, added her
comments about deterioration of the west side of Costa Mesa.
She supported safe and sane -fireworks for the 4th of July.
Gisler Avenue Bridge Tom Egan, 1893 Parkview -Circle, ---Costa Mesa, suggested that Mr.
Graham determine---the---benefits of a bridge on Gisler Avenue
instead -of a 19th Street -bridge, stating that inactivity is only part of
the problem on the west side. .
Human Relations Allan Mansoor; .-2973 Harbor' Boulevard, No. 406, Costa Mesa,
Committee submitted prepared comments concerning events that had
previously occurred in regards to the Human Relations Committee.
Transition Zone A West 19th Street resident, discussed the 19th Street Transition
Zone.
Wilson Street Traffic John Rule, 215 23rd Street, Costa Mesa, thanked Council for the
Signal traffic signal installed on Wilson Street by the Harbor Shopping
Center.
COUNCIL Council Member Robinson expressed her concern regarding the
COMMENTS July 4th occurrence at Niketown but was confident that the events
Niketown Events would be thoroughly and fairly investigated, and asked those
involved to be patient during that time. She addressed Council's
West Side Costa record concerning action to improve the west side, stating that
Mesa Improvements there have been significant efforts including all that the City
Manager had listed plus three new parks, Shalimar Park, one at
Hamilton and Charle Streets, and one at Maple and Victoria
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Streets. In addition, she stated that the Redevelopment Agency
has expressed its commitment to improvement of the west side
and has established the committee to work towards that goal.
Human Relations Council Member Steel suggested that citizens concerned about
Committee Allan Mansoor's actions relative to the Human Relations
Committee should speak with him privately prior to asking for his
removal from the committee. He addressed the Newport -Mesa
CHOC Medical Unified School District's subject of discussion for their meeting of
Clinic July 16, 2002, regarding the installation of a medical clinic at REA
School, sponsored by CHOC.
Bristol Street Decision Council Member Cowan addressed Council's earlier approval of
PA -02-19, 2800 Bristol Street, and derogatory comments made by
Martin Millard, stating that this project had been in the application
process for over a year, prior to establishment of the Bristol Street
Specific Plan Committee. She mentioned that Mr. Millard had
asked the Redevelopment Agency and City Council to make
decisions concerning the west side prior to consideration by that
committee.
Costa Mesa Adver- Mayor Dixon shared advertisements placed in newspapers, travel
tisements publications, trade magazines,. and television commercials to
attract visitors to Costa Mesa, thanking the Costa Mesa
Conference and Visitors Bureau for their efforts.
ADJOURNMENT The Mayor declared the meeting a ourned, t 10:10 P. . ,
Mayor of the City of Costa Mesa
ATTEST:
Deput it- Clerk_of the City of Costa Mesa