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HomeMy WebLinkAbout12/02/2002 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 2, 2002 The City Council of the City of Costa Mesa, California, met in regular session December 2, 2002, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Cowan, and invocation by Pastor Donald Reynolds, Seventh Day Adventist Church. 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: None Officials Present: Administrative Services Director Steve Hayman Development Services Director Donald Lamm Public Services Director William Morris Assistant City Attorney Tom Wood Senior Planner Kim Brandt Principal Personnel Analyst Debra Tekawa Management Analyst Carol Proctor Deputy City Clerk Julie Folcik MINUTES On motion by Mayor Pro Tem Monahan, seconded by Council November 18, 2002 Member Cowan, and carried 5-0, the minutes of the regular meeting of November 1'8, 2002, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Monahan, seconded by RESOLUTIONS Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Dixon congratulated Officer Derek Trusk, Police Employee of the Month Department, on being named employee of the month for December, 2002, recognizing his dedicated service to the Police Department, and the citizen's of Costa Mesa by preventing and recovering stolen property. PUBLIC COMMENTS Viola Sadler, 506 North Hanover Street, Anaheim, represented the 2003 Orange County 2003 Orange County Grand Jury recruitment drive, asking citizens Grand Jury from Costa Mesa to volunteer to serve a one-year term, passing out brochures, and stating she was available to answer questions. Council Member Cowan stated there is a 2003 Orange County Grand Jury information videotape she would like played on Channel 74. Orange Coast College Mike Berry, 2004 Meadow View Lane, Costa Mesa, stated he did Swap Meet not recall any problems with parking at the Orange Coast College Swap Meet, but there are traffic problems, asking who had paid for the traffic study that was completed. He further stated there were several issues that have not been resolved. Council Member Steel stated there would be further discussions held at the December 9, 2002, Study Session, and the December 16, 2002, Council Meeting regarding the Orange Coast College Swap Meet. Bluffs Rezoning Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, asked to keep the subject of rezoning the bluffs open, stating what was right for the bluffs 50 years ago is not right for them today, and they need to be cleaned up and converted to residential housing as quick as possible. Mr. Millard also discussed the Community Redevelopment Action Committee, of which he is a member, and stated he would like to see the revitalization plan that was brought before Council a couple of years ago be used as a skeleton to revitalize the Westside and to get things moving while they are discussing redevelopment. Costa Mesa Senior Tom Johnson, Daily Pilot Publisher, 330 West Bay Street, Costa Center Mesa, Board Member of the Costa Mesa Senior Center, congratulated Mayor Pro Tem Monahan, and Council Member Mansoor on their success during the election, and expressed his Mayor Dixon appreciation of Mayor Dixon for her openness to speak to the reporters at the Daily Pilot, and her representation of the City. He further stated there is no way to communicate the appreciation for Mayor Dixon for her commitment to the Senior Center. Telephone Book Susan Kline, Director of Kline School, 320 East 18th Street, Costa Recycle Bin Mesa, asked Council to reconsider the directive given to staff regarding the removal of the temporary Telephone Book Recycle Bin from their parking lot, which she believes is not in violation of their Conditional Use Permit. She advised that the school is participating in a City sponsored recycling program, and that the bin will be removed after December 20, 2002, when the program ends. Mayor Pro Tem Monahan confirmed with the Development Services Director that the bin was to be removed under the Conditional Use Permit. Mayor Pro Tem Monahan asked, and the Assistant City Attorney confirmed, that an item could be added to the end of the agenda due to immediate action needing to be taken. MOTION/Add Item A motion was made by Mayor Pro Tem Monahan, seconded by Council Member Cowan, and carried 5-0, to add a New Business Item regarding the Telephone Book Recycle Bin at Kline School. Mayor Dixon Carol Furtier, 923 Hollow Brook, Costa Mesa, President of the Board of the Senior Center, expressed her appreciation for Mayor Dixon's invaluable contributions and support of the Senior Center. Soup Kitchen Janice Davidson, 1982 Arnold Avenue, Costa Mesa, discussed the ongoing problems associated with the Soup Kitchen on West 19th Street, stating people are abusing the charity of the Soup Kitchen. Mayor Dixon Aviva Goelman, Executive Director of the Costa Mesa Senior Center, 695 West 19th Street, Costa Mesa, congratulated Mayor Pro Tem Monahan, and Council Member Mansoor on being elected to Council, and thanked Mayor Dixon for her dedication and kindness on behalf of the Senior Center, and presented her with a Certificate of Appreciation. Mesa North Shopping John Feeney, 1154 Dorset Lane, Costa Mesa, thanked the Council Center for resolving the problem of a high-pitched noise that was emanating from the Mesa North Shopping Center for eight days. Mr. Feeney also discussed the problem of the drain from the Mesa North Shopping Center's rear parking lot which drains into his neighborhood further advising that he has discussed the problem with a Segerstrom representative asking for their assistance in resolving the matter. Term Limits for Council Paul Wilbur, 312 Magnolia Street, Costa Mesa, distributed copies Members of the voter information pamphlet from the November 1996 election which discussed term limits, and stated voters were not fully informed as to the arguments of the ballot measure before voting. He also discussed the Orange Coast College Swap Meet. Soup Kitchen Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, stated her neighborhood has improved since she first moved to the City in 1985, but commented that there have been a number of "street" _people sleeping outside the medical building on the corner of 19th Street and Pomona Avenue, and expressed her belief that the problem it is due to the Soup Kitchen. Red Light Cameras Beth Refakes, 320 Magnolia Street, Costa Mesa, asked if red light cameras are to be installed at the intersection of Newport and Harbor Boulevard's, and at Broadway and 19th Street, stating that she has observed there are constantly three to five cars running Council Staff Reports red lights at those intersections. She also inquired about the availability of the Council staff reports on the internet. The Administrative Services Director replied that there is no definite date at this time. Rainbow Trucks Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, advised that there are a number of Rainbow trucks, used to transport yard rubbish, that are parked on a number of streets within the City and they are not moved to transport the rubbish until they are completely filled. He also stated there are a number of empty semi -truck trailers parked on the streets which are above the 19th Street Bridge weight limit for the streets. Mr. Humphrey commented that he would not like to see the 19th Street bridge built, but would like Council to take a stand once and for all, and thanked Mayor Dixon for her service to the City, as well as congratulated Mayor Pro Tem Monahan, and Council Member Mansoor. Sid Soffer Brian Evans, Post Office Box 15070, Newport Beach, presented a document to the Council which is a summary of what has been discovered in his investigation of Sid Soffer's case, and asked Council to act on this matter immediately. He asked that all "missing" documentation be "turned over" to the City Attorney's Office, and delivered to the Orange County District Attorney's Office. The Mayor stated Council would read the correspondence and respond to Mr. Evans at a future date. Election Victories Phil Morello, Post Office Box 10487, Costa Mesa, congratulated Mayor Pro Tem Monahan, and Council Member Mansoor for their recent victories in the election. Mr. Morello supported the comments of Mrs. Davidson, and Mrs. Gonzales regarding the Soup Kitchen Soup Kitchen, which has been discussed at the 3R Committee meetings, and suggested that when the City Council addresses the issue of funding for the Soup Kitchen that the Soup Kitchen should no longer be funded, as they are not a good neighbor. He also stated his support for the 19th Street bridge. Westside Redevelop- Jim Kerins, 3075 Molokai Place, Costa Mesa, stated his concern ment regarding the Westside redevelopment's lack of vision and lack of information on what other Cities have been successful with in their redevelopment. He also expressed his appreciation of the Council Members. C.R.A.C. Committee Robert Graham, 3260 Dakota Avenue, Costa Mesa, congratulated Mayor Pro Tem Monahan, and Council Member Mansoor, and thanked Mayor Dixon for her four years of service to the City. He further discussed several articles which appeared in the Daily Pilot regarding issues which are being discussed at the Community Redevelopment Action Committee meetings. GENERAL MUNI- The Deputy City Clerk recited the facts of the General Municipal CIPAL ELECTION Election held in the City of Costa Mesa on November 5, 2002: That the total number of ballots cast in the precincts, except absent voter ballets and provisional ballots was 17,309; that the whole number of absent voter ballots cast in the City was 5,185; that the whole number of provisional ballots cast in the City was 0, making a total of 22,494 ballots cast in the City; that the names of persons voted for at the election for Member of the City Council were Allan R. Mansoor, Gary Monahan, William "Bill" Perkins, Linda Dixon, and Katrina Foley; that the number of votes given at each precinct, the number of votes given in the City to each above-named candidate for Member of City Council, are as listed in Exhibit "A" of the resolution; that the City Council does hereby declare and determine that Gary Monahan, and Allan R. Mansoor, were elected as Member of the City Council for the full term of four years. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 02-84 Member Robinson, and carried 5-0, Resolution 02-84 was Declaring Results adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Mayor Dixon expressed for the past 16 years she has served the City of Costa Mesa in one capacity or another, stating that change is good, how proud she was to have served on the Council for the past four years, and also to have had the opportunity to represent Costa Mesa as the Mayor for the past year. She stated that she took her role on City Council as a serious responsibility, striving to represent all of the people in Costa Mesa, not just a select few, practicing the "Golden Rule, do unto others as you would have them do unto you". She thanked staff for their kindness, patience, knowledge, and help; the devoted members of the Fire and Police Departments for risking their lives to keep the City safe; the members of the community who are interested and take the time to write letters to the Newspapers, make phone calls, join City Committees, and come to Council Meetings to appear on items that are important to them, stating she has learned a lot from these individuals whether they were in agreement or not. Mayor Dixon addressed her fellow Council Members, stating while they each had they own styles and priorities, she acknowledged they have been an exciting and challenging group to work with, and her enjoyment of working with them and getting to know them, and wished them the best. She also thanked her friends and family members. The Deputy City Clerk gave the Oaths of Office to newly elected Council Members Gary Monahan, and Allan R. Mansoor, and presented them with their Certificates of Election. Council Members Mansoor and Monahan thanked their supporters, campaign teams, and families. Council Members Steel, Cowan, and Robinson expressed their appreciation of Mayor Dixon, and congratulated Council Members Mansoor and Monahan. MOTION/Nominated The Deputy City Clerk called for nominations for Mayor: A motion Robinson was made by Council Member Steel, seconded by Council Member Cowan, to nominate Council Member Robinson. MOTION/Closed A motion was made by Council Member Steel, seconded by Mayor Nominations Council Member Cowan, and carried 4-1, Council Member Monahan voting no, to close the nominations for Mayor. The motion carried 5-0 to elect Council Member Robinson as Mayor for a one-year term. MOTION/Nominated Mayor Robinson called for nominations for Mayor Pro Tem: A Steel motion was made by Council Member Cowan, seconded by Mayor Robinson, nominating Council Member Steel. MOTION/Closed A motion was made by Council Member Monahan, seconded by Mayor Pro Tem Council Member Cowan, and carried 5-0, to close the nominations Nominations for Mayor Pro Tem. The motion carried 5-0 to elect Council Member Steel as Mayor Pro Tem for a one-year term. RECESS The Mayor declared a recess at 7:55 p.m., and reconvened the meeting at 8:15 p.m. Mayor Robinson provided an opportunity to the public to address the previous item regarding nominations and the election of the Mayor and the Mayor Pro Tem. John Feeney, 1154 Dorset Lane, Costa Mesa, expressed the City is at a critical juncture at this time, and believes there should be an experienced Council Member as Mayor of the City. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, echoed Mr. Feeney's comments, and stated the Mayor Pro Tem position is time for an individual to learn the duties of the Mayor, and then move up to the Mayoral position, and felt the nomination procedures were rushed. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, stated that her primary concern was that Mayor Robinson would not have the time necessary to serve as Mayor. Wayne Morris, 1139 EI Camino Drive, Costa Mesa, expressed he also felt the nomination procedure was rushed for Mayor and Mayor Pro Tem, and believed there should have been more discussion. Robin Leffler, 3025 ;Samoa Place, Costa Mesa, stated Mayor Robinson's nomination and appointment was a surprise, but a pleasant and welcomed one. Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, congratulated Mayor Robinson, and asked that she keep an open mind regarding the Westside issues. Mike Berry, 2064 Meadow View Lane, Costa Mesa, stated the Mayor would need to devote time to the City over the next year. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, commented that Mayor Robinson would not have accepted the nomination of Mayor if she was not willing to make the commitment to the City. She also expressed her hope that Mayor Pro Tem Steel would be able to commit to supporting Mayor Robinson. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated Mayor Robinson should not be criticized, as it is unfair, and congratulated Mayor Robinson on her appointment. Council Member Monahan congratulated Mayor Robinson on her appointment. MOTION/Reaffirmed A motion was made. by Council Member Cowan, seconded by Appointments Mayor Pro Tem Steel, and carried 5-0, to reaffirm the appointment of Mayor Robinson, and Mayor Pro Tem Steel for one-year terms. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 8, Resolution amending Resolution 02-50, adjusting the salary ranges for the Executive Job Classifications. MOTION/Approved On motion by Council Member 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. READING FOLDER The following Reading Folder items were received and processed: Claim Claim received by the Deputy City Clerk: David Wayne Fassett. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Corner Office Sports Bar & Grill, 580 Anton Blvd., Suite 201, for a person-to-person transfer of an existing Type 47 ABC license (on -sale general for a bona fide eating place). Anjin, 3033 Bristol Street, Suite N, for a person-to-person transfer of an existing Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Johnson Brothers Liquor Company of California, 711 West 17th Street, Suite GB,; for a premise -to -premise transfer of an existing Type 9 (beer and wine importer), Type 17 (beer and wine wholesaler), Type 12 (distilled spirits importer), and Type 18 (distilled spirits wholesaler). 1 1 WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1928, funding City operating expenses for 1928 $1,282,160.97. Approved Warrant Warrant Resolution 1929, funding Payroll 224 for 1929/Payroll 224 $1,972,166.91, and City operating expenses for $533,766.77. ADMINISTRATIVE An agreement was approved with the Orange County Fire ACTIONS/Agreement Authority, 180 South Water Street, Orange, for exchange of Fire, Approved with Orange Rescue, and Emergency Medical Services, and the Mayor and County Fire Authority Deputy City Clerk were authorized to sign on behalf of the City. Accepted Street Street improvements at 475 Anton Boulevard were completed to Improvements at 475 the satisfaction of the Public Services Director by Experian Anton Boulevard by Information Solutions, 475 Anton Boulevard, Costa Mesa, in Experian connection with Encroachment Permit No. PS02-00426. The work was accepted, and refund of the cash deposit of $57,503.60 was approved. Awarded Bid Item No. Bids for Bid Item No. 1070, Purchase of a 2002 Dynapac CC/122 1070, Vibratory Vibratory Tandem Roller, are on file in the City Clerk's office. The Tandem Roller contract was awarded to Bejac Corporation, 569 South Van Buren Street, Placentia, for $28,661.50. Accepted Work for Energy Conservation Retrofit of Various City Facilities were Various City Facilities completed to the satisfaction of the Public Services Director by by Siemens Building Siemens Building Technologies, Inc., 10775 Business Center Technologies, Inc. Drive, Cypress. The work was accepted, and the bonds were ordered exonerated. Approved Amendment Amendment No. 1 was approved to the agreement extension with No. 1 with CALTRANS the California Department of Transportation (CALTRANS) for grant for Grant Funds funds of $38,972.00, for the installation of Closed Circuit Television Cameras (CCTV); and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Change Change Order No. 1 to the contract with Azteca Landscape, 1910 Order No. 1 with South Archibald Avenue, Suite N, Ontario, for an additional Azteca Landscape monthly amount of $3,221.54, for Landscape Maintenance Services was approved and the City Manager was authorized to sign on behalf of the City. Approved Amend- Amendments to the San Joaquin Hills Transportation Corridor ments to the Joint Agency's Joint Powers Agreement were approved; and the Mayor Powers Agreement and Deputy City Clerk were authorized to sign on behalf of the City. Resolution Amending Item No. 8 on the Consent Calendar was presented: Resolution Resolution 02-50 amending Resolution 02-50 adjusting the salary ranges for the Adjusting Salary Executive Job Classifications to make up for the elimination of the .Ranges City -paid Medicare credit in the flexible benefit contribution. The Principal Personnel Analyst reviewed the Agenda Report. Al Morelli, 3412 Geranium Street, Costa Mesa, inquired as to what the definition of Executive was, and how much money was being discussed in regards to this item. MOTION/Adopted On motion by Council Member Monahan, seconded by Council Resolution 02-85 Member Cowan, and carried 5-0, Resolution 02-85 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE EXECUTIVE COMPENSATION PLAN AND EXECUTIVE SALARY SCHEDULE TO REFLECT CHANGES IN THE ESTABLISHED LABOR MARKETPLACE. MOTION/Readdress A motion was made by Mayor Pro Tem Steel, seconded by Mayor Consent Calendar Item Robinson, and carried 5-0, to reconsider Item No. 10 on the No. 10 Consent Calendar: Change Order No. 1 to the contract with Azteca Landscape, for an additional monthly amount of $3,221.54, for Landscape Maintenance Services. The Public Services Director reviewed the Agenda Report, and responded to questions from Council. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, questioned whether the amount of the Change Order was added after the agreement was already approved, and asked Council to reconsider their approval. Council Member Cowan confirmed that the Change Order is due to added responsibility being given to Azteca Landscape because of the recent Joint Use Agreement with the Newport -Mesa Unified School District. MOTION/Approved A motion was made, by Council Member Cowan, seconded by Change Order No. 1 Council Member Monahan, and carried 4-1, Mayor Pro Tem Steel with Azteca Landscape voting no, to approve Change Order No. 1 to the contract with Azteca Landscape and the City Manager was authorized to sign on behalf of the City. OLD BUSINESS The Deputy City Clerk presented from the meeting of November Conflict of Interest 18, 2002, second reading and adoption of Ordinance 02-20, Code revising the list of designated positions for the City's Conflict of Interest Code. The Assistant City Attorney reviewed the Agenda Report. MOTION/Adopted On motion by Council Member Monahan, seconded by Council Ordinance 02-20 Member Cowan, and carried 5-0, Ordinance 02-20 was given second reading and adopted: AN ORDINANCE 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. OLD BUSINESS The Deputy City Clerk presented from the meeting of November Non -motorized and 18, 2002, consideration of Non -motorized and Electric Motor Model Electric Motor Model Airplane Gliders in Fairview Park. The Public Services Director Airplane Gliders reviewed the Agenda Report and responded to questions from Council. Mayor Robinson stated she had an opportunity, the previous weekend, to visit Fairview Park to observe the Gliders and met a group of men who enjoy this hobby. She commented that she still has several issues she would like to see worked out before a final decision is made regarding this item. Council Member Cowan stated her interest to maintain this item as an element in the Fairview Park Master Plan, and to direct staff in the process of negotiating the Master Agreement with Harbor Soaring Society, restrictions such as motor size for the electric motors, environmental fly zone, or no-fly zone, time restrictions, etc. Doug Sutton, 2739 Canary Drive, Costa Mesa, commented that this is a good time for Council to monitor who is using Fairview Park, in order for it to be utilized to its full potential. Herbert Hamber, 7 Celestial Drive, Irvine, expressed his appreciation of Mayor Robinson who took the time to visit Fairview Park and speak to the interested parties to learn about and consider what the issues are in regards to the electric flyers. A Huntington Beach resident encouraged the Council to continue the flying activity at Fairview Park, and expressed his belief that safety and liability should not be a problem as long as there is regulated flying administered by the Harbor Soaring Society. He would also like to see each flyer be required to be a member of the AMA for insurance purposes. Troy Peterson, 169 Morristown Lane, Costa Mesa, echoed his appreciation of Mayor Robinson's visit to Fairview Park, and he would like to see her concerns addressed. Mark Gunn, 2014 Republic Avenue, Costa Mesa, stated he enjoyed talking to Mayor Robinson on her visit to Fairview Park. Rob Askgaard, 19332 Cindy Lane, Huntington Beach, shared with the Council that he is just learning to fly gliders, and is enjoying the time spent with other flyers at Fairview Park. Mayor Robinson asked the Assistant City Attorney that if the item was approved, could Council still impose some restrictions. The Assistant City Attorney stated they could. Council Member Monahan agreed with the insurance provision, but expressed concern of requiring individuals to be a member of the AMA, or they would not be able to fly their gliders in Fairview Park. MOTION/Directed A motion was made by Council Member Cowan, seconded by Staff to Proceed with Mayor Robinson, and carried 5-0, confirming gliders and electric Master Agreement motor model airplane gliders as an element in the Fairview Park Master Plan, and directed staff to proceed with a Master Agreement with the Harbor Soaring Society. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 7, Segerstrom Home 2002, Segerstrom Home Ranch Education Grant. Communi- Ranch Education cations were received from Cynthia Blackwell, (via email), and Grant Greg Woodside, 3217 Colorado Place, Costa Mesa, stating their concern regarding setting up only one foundation to manage the funds; and Doug Sutton, 2739 Canary Drive, Costa Mesa, asking Council not to rush their decision, and to limit the City's role in overseeing the funds. The Assistant City Attorney reviewed the Agenda Report and responded to questions from Council. Mayor Pro Tem Steel commented that he appreciated the work of the ad hoc committee, but asked that' Council consider two separate foundations or one foundation with two separate committees, believing in local determination and local control. He further stated that he felt that the school's would best determine how the money should be used based on different demographics and needs. Mayor Robinson reported what took place at the study session and the opinions that were shared but opined that given the nature of the funds she felt one foundation would be appropriate. She stated that she had substantial concerns regarding the fiduciary duties that the City owes to the residents of the community as it was negotiated as part of a development agreement. She advised that this is not a private donation, but was given in part to a major development in the City. She does not see that the City could abdicate its responsibility for overseeing the expenditure of these funds and has concerns that private donations may be commingled with the funds. She further stated that she felt that one foundation could have the objectivity to look after the students first and make the decisions for the students who would benefit from the funds. Council Member Monahan presented a recommendation to request the City Attorney to draft a proposal asking the two high schools to come forward with their foundations that are currently in place thereby removing responsibility of oversight by the City. Council Member Cowan stated she would like to accept the original proposal that was given to Council by the two foundations and indicate one restriction that the funds are used for after-school enrichment educational opportunities only, and they not be governed by the Brown Act. Greg Woodside, 3217 Colorado Place, Costa Mesa, President of the California School Education Foundation, a foundation responsible for raising money for the California School students, asked Council to establish a foundation for each school and to recognize that active parent volunteers and the staff at each school have a better understanding of the needs of each school. Robert Sterling, 1111 South Coast Drive, No. G103, Costa Mesa, a teacher at Estancia High School, expressed his thanks to staff, Council, and the Segerstrom's for the openness to discuss the topic of the Segerstrom Home Ranch Education Grant. Doug Sutton, 2739 Canary Drive, Costa Mesa, asked Council to not rush their decision, stating they have four months to work out the details, and it is critical to the City that it is right. He also stated it is the interest, and not the principal, that should be spent. Martin Millard, 2973: Harbor Boulevard, No. 264, Costa Mesa, stated his concern regarding the schools, and is in favor of one foundation run by Council, and governed by the Brown Act. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thanked Mr. Sutton for his efforts and involvement with the schools, and stated there should be an assurance that the money received by these schools is actually spent on their needs. Robin Leffler, 3025 Samoa Place, Costa Mesa, remarked that children are the future of the City, and the money should be used to the greatest benefit of everyone involved, she also commented that the foundations should be governed by the Brown Act. Mayor Pro Tem Steel expressed his reservations of a Council Member serving as an ex officio member, and felt that it would have been better had the Segerstrom's set up their own foundations, and kept Council out of it completely. Council Member Cowan commented that she did not agree that the money for the schools was a "payoff' to Council or the community for support of the Home Ranch Project. MOTION/Gave A motion was made by Council Member Cowan, seconded by Direction to Staff Council Member Monahan, and carried 5-0, to continue this item to the City Council Meeting of January 21, 2003, and directed staff to return with several options that are to be considered individually by Council; those options included: the recommendation of the Ad Hoc Committee as described in Section A of the Agenda Report; the original proposed structure for two foundations; and the option of a single foundation with a committee for each of the schools. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 4, Disposal of the 2002, disposal of the Huscroft House. The Public Services Huscroft House Director reviewed the Agenda Report, and responded to questions from Council. Barry Walker, 126 Properties, LLC, 126 East 16th Street, Costa Mesa, indicated there was a correction needed in the Agenda Report explaining that an existing duplex would be remodeled into two townhouses, that the existing single family structure would be remodeled, and the addition of the Huscroft House. Mr. Walker stated 126 Properties is committed to a complete and thorough restoration of this historically significant house. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked Council what would happen to the $200,000.00 offered to the City from the Segerstrom's to relocate the Huscroft House to Fairview Park. The Assistant City Attorney stated that the language in the Development Agreement was to "relocate and rehabilitate" the Huscroft House, he indicated that part of the funds could be used to relocate the Huscroft House, and the City would then be able to negotiate with the Segerstrom's as to the balance of the funds. Beth Refakes, 320 Magnolia Street, Costa Mesa, confirmed with the Development Services Director that the actual cost to the City will be to relocate the Huscroft House to 548 Bernard Street. Doug Sutton, 2739 Canary Drive, Costa Mesa, stated the problem with the Huscroft House was that the Council did not have anyone from the community involved to lead the effort of raising money to support the Huscroft House. Robin Leffler, 3025 Samoa Place, Costa Mesa, expressed her support for preservation of the Huscroft House but suggested that salvaging parts of the house could raise money that could offset the cost of demolition. MOTION/Directed A motion was made by Council Member Monahan, seconded by Staff to Finalize Council Member Cowan, and carried 5-0, directing staff to finalize Negotiations with 126 negotiations with 126 Properties, LLC, and return to Council when Properties negotiations are complete. NEW BUSINESS The Deputy City Clerk presented videotaping of City Council Study Videotaping City Sessions for delayed broadcasting. The Administrative Services Council Study Director reviewed the Agenda Report and responded to questions Sessions from Council. Mayor Pro Tem Steel expressed his thanks to Paul Bunney for his suggestion of video taping the study sessions, commenting that he agreed with more open communication. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Videotaping Council Tem Steel, and carried 4-1, Council Member Cowan voting no, to Study Sessions approve videotaping of the City Council study sessions for delayed broadcasting beginning with the December 9, 2002, City Council Study Session. NEW BUSINESS The Deputy City Clerk presented recruitment and appointment Recruitment and Ap- process for Parks ,and Recreation Commissioners, and Planning pointment for Com- Commissioners. The Management Analyst reviewed the Agenda missioners Report, and responded to questions from Council. MOTION/Reconfirmed A motion was made by Council Member Cowan, seconded by Existing Process Mayor Pro Tem Steel, to reconfirm the existing recruitment and appointment process for Parks and Recreation Commissioners, and Planning Commissioners. Substitute Motion A substitute motion 'was made by Council Member Monahan, Failed to Carry seconded by Council' Member Mansoor, to stagger the four-year terms for Parks and Recreation Commissioners and Planning . Commissioners, failed to carry, with Mayor Robinson, Mayor Pro Tem Steel and Council Member Cowan voting no. The original motion carried 3-2, Council Members Monahan and Mansoor voting no. NEW BUSINESS The Deputy City Clerk presented General Plan Amendment General Plan Amend- Screening GPS -02-04, Harbor Center 2300 Harbor Boulevard/380 ment Screening West Wilson Street. The Senior Planner reviewed the Agenda GPS -02-04 Report, and responded to questions from Council. The following Costa Mesa residents spoke in opposition to the General Plan Amendment Screening: Jess and Katharine Bequette, 2349 College Drive, stating the homes would be too close in proximity to Home Depot's loading dock; Cindy Brenneman, 1856 Elba Circle, didn't agree that it would be a compatible use for the property; Dan and Tamar Goldmann, 2324 College Drive, urged Council to reject the project. Mark Korando, 582 Park Drive, Costa Mesa, representing Habitat for Humanity, summarized the project, and responded to questions from Council. MOTION/Accepted for On motion by Council Member Monahan, seconded by Council Processing Member Cowan, and carried 3-2, Mayor Robinson, and Mayor Pro Tem Steel voting no, to accept General Plan Amendment Screening GPS -02-04 for processing, with a maximum allowable units of eight. NEW BUSINESS Mayor Robinson announced that the closed session scheduled Public Employee pursuant to Section 54957 of the California Government Code, Release regarding a public employee release, was withdrawn per the Administrative Services Director. NEW BUSINESS The new business item, as approved by the City Council regarding Telephone Book the Kline School Telephone Book Recycle Bin was presented. The Recycle Bin at Kline Development Services Director summarized the Conditional Use School Permit for Planning ;Application PA -00-56, reiterating this is a temporary use recycle' bin, not a trash bin. Beth Refakes, 320 Magnolia Street, Costa Mesa, showed a photograph of the recycle bin from her residence across the street, and stated she wants it removed or enclosed. Robin Leffler, 3025 Samoa Place, Costa Mesa, stated that she was disturbed that Council may be making up their mind regarding different items before hearing public comments. Paul Wilbur, 312 _Magnolia Street, Costa Mesa, agreed that the recycle bin should be removed, as it does not meet the Conditions of Approval. Susan Klinz,__-320' East=18t`''Street, Costa Mesa, reminded the Council that==the _hin ism= temporary recycle bin, for the City sponsored recycling 'pre_gmm, nand^ none of the other participants have to enclose their"recycle bins_.: Mayor Robinson cornfirmed with the Public Services Director that the Kline School would be singled out if they were required by the City to enclose the recycle bin, and he stated that they would. MOTION/Allowed A motion was made by Council Member Monahan, seconded by Temporary Telephone Council Member Cowan, and carried 5-0, to allow the temporary Book Recycle Bin Telephone Book Recycle Bin at Kline School until December 20, 2002. COUNCIL Council Member Monahan stated he would like to discuss the COMMENTS following at the January 6, 2003, Council Meeting: a review of and Minor Design Review recommendations on the Minor Design Review process and Process Residential Development Standards; and at the January 21, 2003 meeting, a review of the Community Objectives; he reported that the first meeting in February is traditionally a review of the current Council Committees Council Committees, and would like a report prepared outlining what each Committee has achieved in the past year, what they plan to accomplish in the coming year, and would also like to discuss Committees that could be regulated to an Ad Hoc status, Congratulations or eliminated. He again congratulated Council Member Mansoor, Mayor Robinson, and Mayor Pro Tem Steel. SARX Study Council Member Cowan asked for a status update of the SARX study. The Public Services Director advised that it is still in debate amongst the City Managers of the four cities involved, as they are trying to resolve several outstanding issues. Council Member Cowan stated she would like a written update as to what is being John Rule debated. She announced the passing of John Rule, a member of the 3R Committee, the Human Relations Committee, and a city volunteer. Mayor Pro Tem Steel also expressed his regret of the passing of Mr. Rule. He agreed with Ms. Leffler's comments regarding Council Member's possibly making up their minds on subjects prior to hearing public comments, and would hope they could each have Congratulations an open mind when it came to the issues before them. Mayor Pro Tem Steel again congratulated Council Members Monahan and Mansoor on their successful elections. John Rule's Passing Mayor Robinson commented on Mr. Rule's passing, and how much he will be missed in the community. She stated she is looking forward to serving Costa Mesa as Mayor. ADJOURNMENT Council Member Mansoor stated he was also sorry to hear of the passing of Mr. Rule. The Mayor declared the meeting adjourned at 11:15 p.m. ayor oft e City of Costa Mesa 0 ATTEST: Deput .r`,ity Clerk -of -the City of Costa Mesa 1