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HomeMy WebLinkAbout11/18/2002 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 18, 2002 The City Council of the City of Costa Mesa, California, met in regular session November 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 the Reverend- Bill Waddell, Harbor Trinity Baptist Church. 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: None Officials Present: Administrative Services Director Steve Hayman Assistant City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Associate Planner Claire Flynn Fairview Park Plan Administrator Ron Molendyk Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Council November 4, 2002 Member Robinson, and carried 5-0, the minutes of the regular meeting of November,4, 2002, were approved as amended. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Council Member Robinson, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Dixon announced that she will ask Council to continue Public Hearing No. 2; Application from Paul Wilbur appealing the Planning Commission's decision to modify conditions of approval for Planning Application PA -02-18, Orange Coast College Swap Meet, to the study session of December 9, 2002, and the regular meeting of December .16, 2002. PRESENTATION Mayor Dixon congratulated Stacia Mancini, Recreation Division of Employee of the the Administrative Services Department, on being named Month Employee of the Month for November, 2002, in recognition of her dedication to her job, and commended Ms. Mancini for her passion for meeting the recreational needs of the community and her exceptional work ethic. PUBLIC COMMENTS Bill Folsom, 2700 Peterson Place, No. 45C, Costa Mesa, reported RV Ordinance that responsible owners are committed to making the new RV ordinance work. He noted that there are several issues which he believed an open line of communication with the City could resolve, and offered to provide a list of pertinent items to Police Lieutenant Karl Schuler. 1 1 Mayor Dixon pointed out that residents of the City of Fountain Valley voted two to one to eliminate RV parking from City streets. Feeney Comments John Feeney, 1154 Dorset Lane, Costa Mesa, reported that he observed illegal campaign signs in the center median of Fairview Road on election day, Tuesday, November 5, 2002. He observed that several of the signs belonged to two City Council candidates who have been adamant about restrictions on signs, and asked that Code Enforcement maintain a log of sign complaints and enforce the existing law. Mr. Feeney commended the Police Department for apprehending a notorious gang member who frequented his neighborhood. He asked that it be determined if there is actually an unusual amount of parolees and probationers in Costa Mesa, and why this occurs. Kline School Dumpster Beth Refakes, 320 Magnolia Street, Costa Mesa, stated that after a period of over a year, the trash dumpster at 300 Magnolia Street, next to the Kline School, was removed; however, another dumpster, yellow in color, has taken its place. She emphasized that Condition of Approval No. 11 for Planning Application PA -00- 56 dated September 17, 2001, requires trash enclosures for any bins, including those serving the Kline School, and asked why the City refuses to enforce this condition. She suggested that the project planner should be responsible for verifying compliance, and the conditional use permit reviewed if the property is noncompliant. Mayor Dixon asked the Development Services Director to investigate the Kline School dumpster. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, complained that the City is being compared to cities like Santa Ana and Compton, and reported that the Department of Housing and Urban Development (HUD) is giving the City an additional $290,000.00 this year. He objected to the increase in gang problems, graffiti, and illegal aliens loitering on corners. Mr. Millard observed that many wrongs in the City are the result of small decisions made by the Planning Commission, and suggested appointing professional people to the Commission. Sid Soffer Brian Evans, Post Office Box 15070, Newport Beach, reviewed the legal situation involving former Costa Mesa resident Sid Soffer and his property at 540 Bernard Street. Mayor Pro Tem Monahan asked Mr. Evans if he had provided this information to Council in writing so it will officially be part of the record. Mr. Evans summarized Mr. Soffer's situation. 2003 Orange County Judge William Evans, 700 Civic Center Drive West, Santa Ana, Grand Jury appeared on behalf of the 2003 Orange County Grand Jury recruitment drive, asking citizens from Costa Mesa to volunteer to promote a geographic representation on the jury. He indicated that the commitment is for one year, the pay is $50.00 per day, and the work is normally five days a week. He provided a brochure, telephone number of (714) 834-6747, and website address www.occourts.org. Mayor Dixon suggested that Judge Evans contact Executive Assistant to the City Manager Ann Shultz in order to add this recruitment request to the community newsletter. Someone Cares Soup Janice Davidson, 1982 Arnold Avenue, Costa Mesa, objected to Kitchen the Someone Cares Soup Kitchen, 720 West 19th Street, being located on the "main street" of the west side. She complained that there are lines as early at 7:00 a.m. After 20 years, she encouraged Council to move the soup kitchen, as well as the Costa Mesa Job Center, to other locations. 45 Segerstrom Educa- Doug Sutton, 2739 Canary Drive, Costa Mesa, commented on the tional Endowment manner in which the City Attorney had been handled by the City. He addressed the Segerstrom Educational Endowment, in connection with the Home Ranch Development Agreement, suggesting that the options be discussed with experienced persons. He believed that the City should not be involved beyond the startup, and the Newport -Mesa Unified School District should not have a direct nor indirect roll in disbursement. Council Member Steel found it unlikely that Council would disenfranchise themselves from the process. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 4, Purchase of BMW Police motorcycles from A & S BMW Motorcycles, for $58,343.06; and Item No. 9, Employee Home Buyer Assistance Program. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Mayor Except Item Nos. 4 Dixon, and carried &A the remaining Consent Calendar items and 9 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Sylvia Dunn; Joe Anthony Gutierrez; June Lee Gutierrez; Leilani Gutierrez; Kathy Johnson; Richard Melnyk; and Deanne and John Quinlan. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1926, funding City operating expenses for 1926 $767,883.60. Approved Warrant Warrant Resolution 1927, funding Payroll 223 for 1927/Payroll 223 $1,954,665.39, and City operating expenses for $989,157.97. ADMINISTRATIVE An agreement was approved with Lim and Nascimento (LAN) ACTIONS/Approved Engineering Corporation, 12L Mauchly, Irvine, for $112,812.00, for Agreement with LAN professional engineering services to design portions of Bristol and for Bristol and Bear Bear Streets, and the Mayor and Deputy City Clerk were Design Services authorized to sign on behalf of the City. Approved Agreement An agreement was approved with Praedium Engineering, Inc., with Praedium for 2030 Main Street, Suite 1300, Irvine, in an amount not to exceed Red Hill Design $104,680.00, for professional engineering services to design a Services portion of Red Hill Avenue, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement An agreement was approved with Praedium Engineering, Inc., with Praedium for 2030 Main Street, Suite 1300, Irvine, in an amount not to exceed 17th Street Design $101,000.00, for :professional engineering services to design Services portions of 17th Street, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 02-82 was adopted: A RESOLUTION OF THE CITY 02-82 Endorsing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Application Under ENDORSING APPLICATION UNDER THE MOBILE SOURCE AIR Local Government POLLUTION REDUCTION REVIEW COMMITTEE FISCAL YEAR Match Program 2002-03 LOCAL GOVERNMENT MATCH PROGRAM, committing necessary matching AB 2766 Subvention Funds for the installation of compressed natural gas (CNG) fueling equipment at City Hall and the Corporation Yard. 1 1 1 1 Staff was authorized to submit a grant application to South Coast Air Quality Management District (AQMD) to assist in the funding of the installation of CNG fueling equipment for the City fleet. The City Manager was authorized to execute a contract with South Coast Air Quality Management District should the City of Costa Mesa be awarded a grant. Purchase of BMW Item No. 4 on the Consent Calendar was presented: Purchase of Motorcycles from three BMW Police motorcycles from A & S BMW Motorcycles, A & S 1125 Orlando Avenue, Roseville, for $58,343.06, which includes sales tax, delivery charge, a $6.00 tire fee, and the $638.33 California Multiple Award Schedule (CMAS) fee to the State of California. Oran Marksbury, 2273 Colgate Drive, Costa Mesa, thought that paying in excess of $19,000.00 each per motorcycle is exorbitant, and objected to purchasing from a dealer outside of the area. Mayor Pro Tem Monahan explained that the purchase is made in conjunction with the State of California, which affords the City a discount. Council Member Robinson reported that she had previously questioned the Police Department who had confirmed that the City is receiving the best equipment at the lowest possible price. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Mayor Purchase Dixon, and carried 5-0, the purchase was approved. Home Buyer Program Item No. 9 on the Consent Calendar was presented: Employee Home Buyer Assistance Program: Expansion of existing Police Officer Home Buyer Program, based on Guidelines, to include all full-time non -probationary City of Costa Mesa employees. Amendment to the contract with Amerinational Community Services Inc., 8121 East Florence Avenue, Downey, to continue as Program Administrator for the expanded program. John Feeney, 1,154 Dorset Lane, Costa Mesa, addressed the expansion of the existing Police Officer Home Buyer Program, observing that Costa Mesa employee salaries are considerably higher than comparable salaries in the private sector, and a pension program is provided. He objected to placing a higher value on public employees than those in the private sector. MOTION/Approved On motion by Council Member Cowan, seconded by Council Expansion of Program; Member Steel, and carried 5-0, expansion of the Police Officer Approved Amendment Home Buyer Program was approved, and the City Manager or his to Contract with designee were authorized to make minor changes to the Program; Amerinational the amendment to the contract with Amerinational Community Services Inc., was approved, subject to approval by the City Attorney, and the City Manager or his designee were authorized to make minor changes to the contract. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place PA-02-09/Alkema set for the public hearing to consider Planning Application PA -02 - Model Engineers 09 for David Alkema, authorized agent for the City of Costa Mesa, for an amendment to the Fairview Park Master Plan for expansion of the Orange County Model Engineers model train railroad track, - - 457 located at 2525 Placentia Avenue in an I & R zone. Environmental Determination: Mitigated Negative Declaration; and a request from the Orange County Model Engineers for an estimated $1,000.00 to $5,000.00 funding for a biological monitor as required by the Mitigation Monitoring Program. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from Rick McCormack, 2695 Canary Drive, Costa Mesa; and Liz McCormack, same address, opposing the proposed expansion of the model railroad at Fairview Park. The Associate Planner reviewed the Agenda Report, showing diagrams which illustrated the existing 'and proposed track. Council Member Cowan asked why the proposed track was designed to go through an area which has been designated as the new dog park in the Fairview Park Master Plan. After discussion, the Associate Planner replied that the President of the Bark Park Foundation had verbally reported that they were not concerned with the intrusion as long as they could agree on how the fencing of the new alignment would occur. Mayor Dixon thought that this information should have been provided to Council prior to the meeting. Council Member Robinson noted her concern about location of the additional track, stating that this information was not included in the agenda report diagrams. She felt that the persons affected should be involved in the decision, and commented that one of the communications received asked if the persons operating the model train are allowed privileges that other citizens do not receive. The Administrative Services Director replied to Council Member Robinson by stating that he has the authority to approve requests to camp overnight in Fairview Park, and the only requests that have been received are related to the model engineer's special yearly event. Council Member Robinson clarified that she intends to ensure that the process is fair and that others who wish to utilize the park for these same purposes have the opportunity to do so. Robert Graham, 3260 Dakota Avenue, Costa Mesa, questioned placing the Bark Park in this portion of the park with the exposure to golf balls, and the distance from a parking area. He supported placing the Bark Park in another area of Fairview Park, observing that this portion is more appropriate for the railroad. Mr. Graham accused Council Member Robinson of thwarting efforts to improve the end of Canary Street to enable easier entrance to the park. Council Member Robinson took exception to Mr. Graham's comment, stating for ;the record that she has not voted on one issue concerning the Canary Drive entrance to the park because it is a conflict of interest due to her home being within 500 feet. Gilbert Collins, 3159 Sharon Lane, Costa Mesa, concurred that the layout for the proposed expansion is well thought out and should be approved. He plans to work with the Model Engineers and others to relocate any displaced grass, and supported having the City pay for consultant fees. He suggested reassessing the Master Plan for the east side of the park. Catherine Mitchell, 2601A Santa Ana Avenue, Costa Mesa, Chairman of the Costa Mesa Bark Park Foundation, indicated that they had not seen a diagram of where the additional track is to be located, and thanked .the Public Services Director for providing a copy of the agenda. 459 Judith Gielow, 469 East 18th Street, Costa Mesa, asked Council to take charge of any east side environmental evaluation of the park to avoid piecemeal planning. Rick McCormack, 2695 Canary Drive, Costa Mesa, thought that the process was backwards since the final elements of the Fairview Park Master Plan are yet to be determined. Jan Vandersloot, 2221 East 16th Street, Newport Beach, asked that, should expansion of the model train track be approved, native grasslands displaced by the track be transplanted by volunteers to a nearby area. He encouraged approval of the funds for the biological monitor, and addressed a letter from the Department of Fish and Game dated October 28, 2002, which stated that the Model Engineers use of the site is compatible with the burrowing owl but indicated that other uses, such as the pond and the dog park, would not be compatible. Dr. Vandersloot opined that the Model Engineers are good stewards of the land, create the least intensive use of the park, and are compatible with the environmental resources. Terry Tyson, 2298 Santa Ana Avenue, Costa Mesa, Vice Chairman of the Bark Park Foundation, asked that the proposed land for the Bark Park remain in tact. Beth Refakes, 320 Magnolia Street, Costa Mesa, opposed City funding for the biological monitor, suggesting that the Model Engineers raise the funds privately. Patricia Allen, 9656 Durham Drive, Huntington Beach, Secretary - Treasurer of the Bark Park Foundation, emphasized the need for a second bark park, citing additional persons who use the park, such as those from the City of Irvine where their park is closed for a couple of months. Karl Ahlf, 157 East 23rd Street, No. A, Costa Mesa, supported the expansion of the model train track, as well as addition of a new Bark Park. James Jones, 2004 Calvert Avenue, Costa Mesa, supported the plan from the Model Engineers, and creation of a new Bark Park in a different location. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, called the model trains an asset to Fairview Park, noting that they have drawn additional people into the park. She commended the Model Engineers for their work, and supported expansion with the condition that the Department of Fish and Game is consulted to ensure that all resources are protected and mitigation is done within the same area. Ms. Genis encouraged the City to oversee the biological monitoring. Doug Sutton, 2739 Canary Drive, Costa Mesa, raised several questions, and suggested that the City monitor major benefits and costs to the City for the changes to Fairview Park. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, proposed locating a second Bark Park in TeWinkle Park, where there is room, instead of Fairview Park. Jay Litvak, 2905 Velasco Lane, Costa Mesa, encouraged Council to adopt a minimalist approach for Fairview Park, favoring a learning oriented botanical garden. He opposed the Bark Park, and observed that providing additional access to the park would destroy its unique nature and create a crowded, littered environment. Janet Remington, 1164 Boise Way, Costa Mesa, reiterated that the burrowing owls, as well as the vernal pools, need to be protected. She encouraged adding activities compatible with nature, opposing addition of the Bark Park, and supporting funding of the biological monitoring. William Bandaruk, 2448 Andover Place, Costa Mesa, supported a dog park on either side of the park but indicated that the land is flatter on the west side. He suggested developing the west side area and forgetting the grass. Marie Kolasinski, 2970 Swan Drive, Costa Mesa, encouraged Council to leave the park in its natural state, and objected to spending taxpayers' monies to change something that does not need to be fixed. Kevin Tolan, 20151 South New Britain Lane, Huntington Beach, member of the Orange County Model Engineers, asked that the City fund the biological monitoring study, and indicated that the Model Engineers have been working on the plan to mitigate any damage to the park. Mr. Tolan reported that they raise funding through membership and donations, and make a conscientious effort to keep the park clean. Alan Remington, 1164 Boise Way, Costa Mesa, asked that the park be preserved for the next generation. Vern Lockhart, 19442 Surfdale Lane, Huntington Beach, President of Orange County Model Engineers, stated that around 5,000 train passengers, over a two to three month period, had the pleasure of seeing the burrowing owls which were visiting the park. He concurred that the City should be involved in the biological monitoring. There being no other speakers, the Mayor closed the public hearing. Council Member Cowan expressed excitement that the east side of Fairview Park is proving to be a more sensitive habitat than was previously thought. She noted the opportunity to further protect and identify treasures' in the park, and observed that dog parks are hard on the environment. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-83 Mayor Pro Tem Monahan, and carried 5-0, to adopt Resolution 02- 83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING PLANNING APPLICATION PA -02-09, AN AMENDMENT TO THE FAIRVIEW PARK MASTER PLAN FOR AN ADDITIONAL 2,250 LINEAR FEET OF MODEL TRAIN RAILROAD TRACK AT THE OCME MODEL TRAIN FACILITY; accepting the recommendations from the Department of Fish and Game to improve the habitat quality of the burrowing owl (Page 97 of the agenda report) by restricting the use of rodenticides on the site and protecting the ground squirrel population; restricting additional planting of exotic trees; considering the construction of artificial burrows to enhance habitat for the owl; and reconsidering the Master Plan uses for this portion of Fairview Park, given the high value biological resources identified east of Placentia Avenue; directing staff to work with the Orange County Model Engineers, along with Gilbert Collins and Jan Vandersloot, to mitigate any of the native grasslands; and approving funding for a biological monitor. Vern Lockhart, President of Orange County Model Engineers, clarified for Council Member Robinson that there are no fences nor "no trespassing" signs adjacent to the tracks. Council Member Cowan explained the intent is to keep the biological monitoring in- house. RECESS The Mayor declared a recess at 8:10 p.m., and reconvened the meeting at 8:25 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Appeal of PA -02-18, set for the public hearing to consider an application from Paul Orange Coast College Wilbur, 312 Magnolia Street, Costa Mesa, appealing the Planning Swap Meet Commission's decision to modify conditions of approval for Planning Application PA -02-18, Orange Coast College Swap Meet, Anthony Beaumon, authorized agent for George L. Blanc, to allow vendors on Saturdays, and to continue to operate on Sundays, located at 2701 Fairview Road in an I & R zone. Environmental Determination: Mitigated Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from Paul Wilbur, the appellant, stating the purpose for his appeal, referencing Title 9.127(a) regarding the regulation of certain businesses; Anthony Beaumon, Rutan and Tucker, Attorneys at Law, 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, representing Orange Coast College (OCC), asking the City Council to adopt the Planning Commissions approval of the conditional use permit with the modified conditions; Eric Bever, 1046 Westward Way, Costa Mesa, opposing the request from OCC, asking that Council downgrade the permit to the original level; Dr. Katherine Watson, Professor of French at OCC, via e-mail, supporting the extended swap meet hours; Candy Chattegrise, via v -mail, noting that the OCC Community Education Program is largely funded by the swap meet; and 887 postcards were received by the City Manager's office, stating that the undersigned, "think Orange Coast College should be allowed to keep operating the swap meet on Saturday and Sunday." Mayor Dixon reiterated her request to continue this item to the study session of December 9, 2002, and the regular meeting of December 16, 2002, so that the new Council may review the item and make the decision. Mayor Pro Tem Monahan indicated that there may be issues for staff in preparing responses to the study session questions in time for the meeting, and suggested that the meeting of January 6, 2003, would be. more appropriate. He added that the new Council Member will also need to be "brought up to speed" on this matter. Council Member Steel felt that in consideration of OCC, a decision should be made by December 16, 2002, because of sales generated during the holiday season. MOTION/Continued A motion was made by Mayor Dixon, seconded by Council December 9, 2002, Member Steel, to continue this item to the study session of and December 16, December 9, 2002, and the regular meeting of December 16, 2002 2002. After discussion, the motion carried 4-1, Mayor Pro Tem Monahan voting no. Council Member Cowan supported the continuation but mentioned several questions she would like to ask, and requested that public input be received. She asked that points made by the public which are to be addressed, by staff be reiterated at the end of this evening's hearing. Francis Logan, Law Office of Susan M. Trager, 2300 Southeast Main Street, Irvine, representing Mr. Wilbur, supported the motion to continue, primarily because he is confused by the relationship f between the amendment to the conditional use permit as opposed to the obligation of the swap meet under Title 9. He mentioned that the City's agenda report does not address the scope of the swap meet business license and whether or not it allows Saturday or Sunday operations. Anthony Beaumon, Rutan and Tucker, Attorneys at Law, 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, representing Orange Coast College, asked Council to consider the fact that the two month turn -around time for the reconsideration will bypass the holiday season. He proposed that the swap meet be allowed to proceed pursuant to the Planning Commission's recommen- dations, and commented that Council could shorten the periodic review time from six months. He requested that the swap meet be granted the permission to operate. The Development Services Director reviewed the Agenda Report. Council Member Cowan commented that the traffic on Fairview Road is the only issue that she has with the swap meet, and asked why there is not a comprehensive parking and traffic control plan in place. She suggested that prior to reopening, a plan be required to divert traffic from Fairview Road and Adams Avenue so that the level of service is not "below F''. Mayor Dixon noted her concern regarding safety, asking when parking would be eliminated across the street from the swap meet, and if the Costa Mesa Police Department would be monitoring the traffic on Fairview Road. Paul Wilkinson, Principal, Linscott, Law & Greenspan, 1580 Corporate Drive, Suite 122, Costa Mesa, traffic consultants, reported that the current swap meet has reduced in size, and Linscott, Law & Greenspan did not encounter a problem in the level of service at the intersection of Fairview Road and Adams Avenue. He observed that the college district offices are across the street which contributes to the mid -walk crossing problem, and recommended that parking be confined to Orange Coast College parking areas, Lots A, E, F, and G. Council Member Cowan asked for an answer to her question as to whether Orange Coast College currently has a Title 9 swap meet permit, or are they supposed to obtain one. The Assistant City Attorney indicated that the College could obtain the application for the permit and it could be scheduled for the public hearing when the conditional use permit appeal is held. Council Member Robinson commented that this is a two-step process, the Title 9 permit should be obtained first and then the application for a conditional use permit. The Assistant City Attorney concurred with this assessment. Council Member Robinson was concerned about the qualitative differences in establishing the footprint, number of vendors, etc., and asked why the number of vendors is not an effective way of measuring use and traffic issues. Paul Wilkinson replied that there is not a fixed relationship between "how many vendors take how many spaces", and addressed several of the traffic variables. Council Member Steel asked that OCC verify that t swap meet vendors are legal residents and have a State retail tax number. He indicated that he was willing to support the Planning Commission recommendation to leave the swap meet open for six months, and if it does not work out, bring it back to City Council. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated that to her recollection, vendors at the Orange County Marketplace are required to have individual business licenses, and thought that the OCC swap meet should require the same. Council Member Cowan requested that Ms. Genis' question be answered by staff. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 21, PERS Contract 2002, second reading and adoption of Ordinance 02-19, Amendment authorizing an amendment to the City's PERS contract. The Administrative Services Director reviewed the Agenda Report. He confirmed for Council Member Cowan that this action does not burden the employer with any cost. MOTION/Adopted On motion by Council Member Robinson, seconded by Council Ordinance 02-19 Member Steel, and carried 5-0, Ordinance 02-19 was given second reading and adopted, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 19, Fairview Park Master 2002, results from the Fairview Park Master Plan Reconfirmation Plan Reconfirmation Workshops. Communications were received from Tim Cromwell, Workshops 2029 Swan Drive, Costa Mesa, (via e-mail), expressing his desire for the park to remain a preserve with natural trails and opposing vehicle access to a lower parking lot from Placentia Avenue; and Linda Stennes (via e-mail), stating several reasons for her opposition to the lower parking lot and replacement of the dirt trails. The Fairview Park Plan Administrator summarized the Agenda Report. Council Member Cowan and Council Member Robinson took exception to the Agenda Report, specifically that reference had not been made to the letter received from the Department of Fish and Game, dated October 28, 2002. The Fairview Park Plan Administrator explained that the report had been completed prior to receipt of the letter. Council Member Robinson thought it counterproductive to approve the Fairview Park Master Plan when elements addressed by the Department of Fish and Game may not be compatible. She preferred to have all the information prior to making a decision. Council Member Cowan concurred. Council Member Cowan suggested that the elements identified in the Fish and Game letter should be withdrawn from the Master Plan. She acknowledged her support of the reaffirmation of the plan but observed that the new information should be considered. Mayor Pro Tem Monahan agreed with the above comments, and suggested discussing these items at a study session. Discussion ensued regarding potential changes to the Master Plan. Judith Gielow, 469 East 18th Street, Costa Mesa, stated that the Fairview Park Citizens Advisory Committee approved the plan to "get things started" with the understanding that various elements would change using a given process. p ` - Catherine Mitchell, 2601A Santa Ana Avenue, Costa Mesa, Chairman of the Costa Mesa Bark Park Foundation, asked to work with the Fairview _Park Plan Administrator regarding mitigation. She requested that should the Bark Park in Fairview Park be denied, that another location be found. Jan Vandersloot, 2221 East .16th Street, Newport Beach, complimented the Fairview Park Plan Administrator, and asked that the Master Plan be reaffirmed this evening. He thought that r the items addressed by the Department of Fish and Game, Plan Nos. 7, 11, and 15, should be removed. Bill Folsom, 2700 Peterson Place, Costa Mesa, proposed placing a skateboard park on the west side of Fairview Park. James Jones, 2004 Calvert Avenue, Costa Mesa, recommended that the plan not be "piecemealed", and opposed proceeding until the Department of Fish and Game provides guidance regarding the vernal pools. He addressed several additional aspects of the park. Jay Litvak, 2895 Velasco Lane, Costa Mesa, suggested that additional parking lots, picnic areas, and bathrooms not be added to the west side of the park, or trails on the north bluff and north side of the park, bluff access should be limited to one trail or stairway, motorized airplanes and cars should be prohibited, a skateboard park should not be built, and environmental education should be encouraged. Mr. Litvak adamantly opposed a railroad on the west side and a bridge over Placentia Avenue. Erin Sloan, 243 Pacific Avenue, Costa Mesa, commented that special interest groups were vying for control of the park,, and stated his opposition to a dog park at Fairview Park. He recommended looking at the impact of the dog owners and their animals on the area. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, addressed aspects of the plan, noting that the proposed plan suggests creating new wetlands, and the existing wetlands could be restored with less impact. She observed that monies are available through the State of California for the restoration which should be considered. Ms. Genis stated that the Uniform Building Code would require a safety fence around a pond, should one be approved. Herbert Hamber, 7 Celestial Drive, Irvine, Professor of Physics at University of California Irvine, member of the Harbor Soaring Society which fly electric planes, maintained that the planes provide a completely unobtrusive interaction with the park environment. He thought that electric planes may be confused with gas planes which are based on the use of combustion engines, burn gasoline, and are quite noisy. Terry Tyson, 2298 Santa Ana Avenue, Costa Mesa, asked that the Fairview Park Master Plan be approved. John Valentini, 12770 Newport Avenue, No. 16, Tustin, commented that Fairview Park is the only area in Orange County in which to fly model aircraft. He reported he flies both gliders and electric planes, and felt that allowing the sport accommodates a great number of needs for many individuals. Patricia Allen, 9656 Durham Drive, Huntington Beach, Secretary - Treasurer of the Bark Park Foundation, reiterated that an additional dog park is necessary in the City. Karl Hawley, 296, 16th Place, Apt. B, Costa Mesa, President of the Harbor Soaring Society, reported that the Society has been flying at Fairview Park for approximately 30 years, and flying electric planes for the last 20 years. He felt that electric planes are compatible with the environment. Karl Ahlf, 197 East 23rd Street, Apt. A, Costa Mesa, addressed the additional track for the Orange County Model Engineers. The resident at 9392 Nautilus Drive, Huntington Beach, member of the Harbor Soaring Society, clarified that only gliders and electric planes would be flown at the park, and invited Council Member Robinson to attend their activities. Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented on the lack of access to the park, suggesting that Canary Drive would be a good point for major access. He supported the lower parking lot which would also accommodate Talbert Park. John King, 1991 Swan Drive, Costa Mesa, enjoys watching the model airplanes at the park, stating that they cannot be heard and do not interfere with wildlife. He favored the model railroad expansion but questioned the wisdom of creating an additional parking at the foot of the slope. Mike Nisbet, 19361 Brookhurst Street, Huntington Beach, asked Council to allow the use of gliders and electric airplanes in Fairview Park. He commented that the people who participate in this sport are conscious of the environment. Rick Frost, no address given, commented on the optimum conditions for flying at Fairview Park, noting that the planes are quiet and do not create debris. The resident at 169 Morristown Lane, Costa Mesa, supported allowing the model airplanes to fly in Fairview Park, stating that they are restrictive about which areas of the park that they use. Doug Sutton, 2739 Canary Drive, Costa Mesa, expressed concern regarding the yearly maintenance cost of the park, and suggested continuing this issue. He referred to the 60 -car parking lot on Page 9 of the plan, stating that it is not required nor desired. He proposed adding six spaces for handicapped parking, accessed via Placentia Avenue, and hoped that the trails will be a minimum width, made of decomposed granite. Mr. Sutton proposed elimination of the pond and bark park, and asked thdt a subcommittee be formed to find a community leader to lead an effort to build a replica house for Fairview Park house staff, rangers, and used as an interpretive center, proposing the name, "Linda Dixon Interpretive Center." Motion to Approve A motion was made by Council Member Cowan to reaffirm the Died Fairview Park Master Plan as recommended by the Parks and Recreation Commission and staff, with the following deletions: Item No. 7, Dog Park; Item No. 11, Botanic Garden; and Item No. 15, Pond. The motion died for lack of a second. F., ` 466 MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendations Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks for Model Railroad and Recreation Commission and Staff recommendation for Section MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Parking Lot and Recreation Commission and Staff recommendation for Item No. 3, Parking Lot (east side): proceed with improved parking lot. Council Member Robinson clarified that the referenced parking lot is in front of the train station. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 4-1, Council Member Trails Robinson voting no, to approve the Parks and Recreation Commission and Staff recommendation for Item No. 4, Trails (east and west side): review plan to accommodate trails throughout park; include a cross-country course. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 5-0, to approve the Parks and Recreation Nature Habitat Commission and Staff recommendation for Item No 5, Nature Habitat (west side): proceed with the design and implementation of Areas A, C, and D. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Vernal Pool and Recreation Commission and Staff recommendation for Item No. 6, Vernal Pool (west side): proceed according to existing Master Plan. MOTION/Deleted A motion was made by Council Member Cowan, seconded by Dog Park Council Member Robinson, and carried 4-1, Mayor Dixon voting no, to delete Item No. 7, Dog Park (east side). MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Interpretive Area and Recreation Commission and Staff recommendation for Item No. 8, Interpretive Area (west side): include interpretive center and educational component. MOTION/Deleted A motion was made by Council Member Robinson, seconded by Parking Lot Mayor Pro Tem Monahan, and carried 3-2, Mayor Dixon and Council Member Cowan voting no, to delete Item No. 9, Parking Lot (northwest lowlands)(west side). A, Item No. 1, Model Railroad (east and west side): delete the tracks on the west side of Placentia Avenue and on bridge over Placentia Avenue; process application for new tracks on east side of Placentia Avenue; and, in cooperation with the Orange County Model Engineers, develop a master plan for the railroad facility on ` the east side of Placentia Avenue. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendations Mayor Dixon, and carried 4-1, Mayor Pro Tem Monahan voting no, for Museum/Multi- to approve the Parks and Recreation Commission and Staff pose Building recommendation for Item No. 2, Museum/Multi-purpose Building (east side): leave museum designation on Master Plan; remove Huscroft House from consideration for relocation to museum site; and support multi-purpose building. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Parking Lot and Recreation Commission and Staff recommendation for Item No. 3, Parking Lot (east side): proceed with improved parking lot. Council Member Robinson clarified that the referenced parking lot is in front of the train station. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 4-1, Council Member Trails Robinson voting no, to approve the Parks and Recreation Commission and Staff recommendation for Item No. 4, Trails (east and west side): review plan to accommodate trails throughout park; include a cross-country course. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 5-0, to approve the Parks and Recreation Nature Habitat Commission and Staff recommendation for Item No 5, Nature Habitat (west side): proceed with the design and implementation of Areas A, C, and D. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Vernal Pool and Recreation Commission and Staff recommendation for Item No. 6, Vernal Pool (west side): proceed according to existing Master Plan. MOTION/Deleted A motion was made by Council Member Cowan, seconded by Dog Park Council Member Robinson, and carried 4-1, Mayor Dixon voting no, to delete Item No. 7, Dog Park (east side). MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Interpretive Area and Recreation Commission and Staff recommendation for Item No. 8, Interpretive Area (west side): include interpretive center and educational component. MOTION/Deleted A motion was made by Council Member Robinson, seconded by Parking Lot Mayor Pro Tem Monahan, and carried 3-2, Mayor Dixon and Council Member Cowan voting no, to delete Item No. 9, Parking Lot (northwest lowlands)(west side). 467 MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Neighborhood Park and Recreation Commission and Staff recommendation for Item No. 10, Neighborhood Park (west side): implement based on existing Master Plan. MOTION/Deleted A motion was made by Council Member Robinson, seconded by Botanic Gardens Mayor Pro Tem Monahan, and carried 5-0, to delete Item No. 11, Botanic Gardens (east side). MOTION/Continued A motion was made by Council Member Robinson, seconded by to December 2, 2002 Council Member Cowan, and carried 5-0, to continue Item No. 12, Model Airplanes, to the meeting of December 2, 2002. The Fairview Park Plan Administrator clarified that the model airplanes included the electric model. Council Member Robinson stated that she would like hear the airplanes fly prior to making a decision. Karl Hawley, 296 16th Place, Apt. B, Costa Mesa, President of the Harbor Soaring Society, indicated that the noise generated by electric airplanes is negligible. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 4-1, Council Member Picnic Areas/Rest- Robinson voting no, to approve the Parks and Recreation rooms Commission and Staff recommendation for Item No. 13, Picnic Areas/Restrooms (west side): implement according to existing plan. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 4-1, Council Member Picnic Area/Play Area/ Robinson voting no, to approve the Parks and Recreation Restroom Commission and Staff recommendation for Item No. 14, Picnic Area/Play Area/Restrooms (east side): implement according to existing plan. MOTION/Deleted A motion was made by Council Member Cowan, seconded by Pond Mayor Pro Tem Monahan, and carried 5-0, to delete Item 15, Pond (east side). MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 3-2, Council Member Robinson and Bluff Access Council Member Steel voting no, to approve the Parks and Recreation Commission and Staff recommendation for Section B, Item No. 1, Bluff Access (west side): issues to be discussed with present design contract underway. MOTION/Deleted A motion was made by Council Member Cowan, seconded by Bicycle Moto Cross Council Member Robinson, and carried 5-0, to delete Item No. 2, Bicycle Motor Cross (west side). MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 5-0, to approve the Parks and Recreation Bluff Erosion Commission and Staff recommendation for Item No. 3, Bluff Erosion (west side): issues to be discussed with present design contract underway. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 5-0, to approve the Parks and Recreation Canyon Drive Commission and Staff recommendation for Item No. 4, Canyon Drive (west side): review at design time for Area F. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 4-1, Council Member Robinson voting Trails Grant (OCTA) no, to approve the Parks and Recreation Commission and Staff recommendation for Item No. 5, Trails Grant (OCTA)(west side): design contract presently underway. MOTION/To Delete A motion was made by Council Member Robinson, seconded by Lower Parking Lot Council Member Steel, to delete Item No. 6, Lower Parking Lot (west side). SUBSTITUTE A substitute motion was made by Council Member Cowan, MOTION/Approved seconded by Mayor Dixon, and carried 4-1, Council Member Recommendation for Robinson voting no, to approve the Parks and Recreation Lower Parking Lot Commission and Staff recommendation for Item No. 6, Lower Parking Lot (west side): through the design of Planning areas A, C, and D, and develop alternatives for parking lot vehicular entrance to address safety issues. MOTION/Approved A motion was made by Council Member Robinson, seconded by Recommendation for Mayor Pro Tem Monahan, and carried 5-0, to approve the Parks Cross Country Trail and Recreation Commission and Staff recommendation for Item No. 7, Cross Country Trail (High School) (west side): meet high school and college needs and Master Plan requirements. Council Member Robinson stepped down from the dais, declaring her intention to abstain from voting on the next item due to a conflict of interest. MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommendation for Mayor Dixon, and carried 3-1, Council Member Steel voting no, Canary Drive Access Council Member Robinson abstaining, to approve the Parks and Recreation Commission and Staff recommendation for Item No. 8, Canary Drive Access (west side): implement per existing Master Plan with the design of Area G; Parks and Recreation Commission endorse their prior action on Canary Drive access. Council Member Cowan suggested that the items in Section C not be addressed at this time. Mayor Pro Tem Monahan asked staff to review the possibility of a skateboard park near Estancia High School. NEW BUSINESS The Deputy City Clerk presented an ordinance amending the List Conflict of Interest of Designated Employees for Conflict of Interest Code. The Code Assistant City Attorney reviewed the Agenda Report. MOTION/Ordinance On motion by Council Member Cowan, seconded by Council 02-20 Given First Member Steel, and carried 5-0, Ordinance 02-20, AN ORDINANCE Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER X OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE REVISING THE LIST OF DESIGNATED POSITIONS FOR THE CITY'S CONFLICT OF INTEREST CODE, was given first reading. Second reading and adoption are scheduled for the meeting of December 2, 2002. 1 11 NEW BUSINESS Mayor Dixon announced that after the conclusion of regular Public Employee business and pursuant to Section 54957 of the California Release Government Code, a closed session will be held regarding a public employee release. COUNCIL Council Member Robinson asked the Development Services COMMENTS Director to follow up on the yellow dumpster at the Kline School, Kline School Dumpster mentioned by Beth Refakes during Public Comment. She Grand Jury Duty encouraged residents to consider applying for grand jury duty, providing the telephone number (714) 834-6747 or the web address www.occourts.orq. Historical Society Mayor Dixon invited the public to attend a lecture on the history of Lecture the Crystal Cove historic district sponsored by the Costa Mesa Historical Society on Wednesday, November 20, 2002, 7:00 p.m., at 1870 Anaheim Avenue, Costa Mesa. ADJOURNMENT TO At 10:45 p.m., Mayor Dixon adjourned the meeting to a closed CLOSED SESSION session in First Floor Conference Room A, pursuant to Section 54957 of the California Government Code, to discuss the item previously announced by the Mayor. MEETING Mayor Dixon reconvened the meeting at 11:10 p.m., and RECONVENED announced that no action was taken during the closed session. No Action Taken ADJOURNMENT The Mayor declared the meeting adj urned at 11:15 p. Mayor of the City of Costa Mesa ATTEST: Dep uty�y.Clerk=of the City of Costa Mesa