Loading...
HomeMy WebLinkAbout12/16/2002 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 16, 2002 The City Council of the City of Costa Mesa, California, met in regular session December 16, 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, who announced that New Business Item No. 3, Title 9 permit for Orange Coast College (OCC) Swap Meet, would be considered with Public Hearing No. 1, Appeal of PA -02-18, OCC Swap Meet. MOTION/Consolk A motion was made by Mayor Robinson, seconded by Mayor Pro dated OCC Swap Tem Steel, and carried 5-0, to make the aforementioned change, Meet Items consolidating the two items regarding the OCC Swap Meet. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Steel, followed by the invocation by Dr. Dennis Short, Harbor Christian Church. ROLL CALL Council Members Present: Mayor Karen Robinson Mayor Pro Tem Chris Steel Council Member Gary Monahan Council Member Libby Cowan Council Member Allan Mansoor Council Members Absent: None Officials Present: City Manager Allan Roeder Administrative Services Director, Steve Hayman Assistant City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Associate Planner Mel Lee Fairview Park Plan Administrator Ron Molendyk Police Information System Admin- istrator Stan Borek Finance Director Marc Puckett Transportation Services Manager Peter Naghavi Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Mayor December 2, 2002 Robinson, and carried 5-0, the revised minutes of the regular meeting of December 2, 2002, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Robinson, and carried 5-0, to read all ordinances and resolutions by title only. PUBLIC COMMENTS Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Millard Comments reported that he had received an "obscene" message from a "local politician" in response to his request for comments on several political matters. He commented on Council decisions that he felt do not benefit the citizens of Costa Mesa, and cited several r examples. Mr. Millard commented on businesses which are located on the bluffs on the west side of Costa Mesa, and asked Council to authorize. a. soil study of that area. Transient Problem Joel Faris, 1863 Parkglen Circle, Costa Mesa, complained about an increase in the number of transients around 19th Street since the opening of the Someone Cares Soup Kitchen. He commented that there is one regular and many visiting transients using the park behind his home as a base, dissuading any use by mothers and their children. He enumerated the problems suffered because of the transients, commenting that Lions Park has the largest number of offenders. Mr. Faris asked that a police officer be assigned to register the men, and a City employee be assigned full time to the clean up of 19th Street. "Snow Day"/Gisler Cindy Brenneman, 1856 Elba Circle, Costa Mesa, President of Street Bridge Mesa Verde Community, Inc., commended staff and the sponsors of "Snow Day" for an "incredible event" on Saturday, December 14, 2002. She reported that the City of Fountain Valley's Tuesday, December 17, 2002,' agenda contains a request to the Orange County Transportation Authority (OCTA) to fund a study regarding a potential Gisler Avenue bridge. She encouraged interested parties to attend the meeting which will be held at 7:00 p.m. Mayor Robinson added that information regarding this subject was brought to Council's attention this date, and asked the City Manager to advise the public of the City's position. The City Manager reported that the City of Fountain Valley's agenda item is a request for OCTA to fund several projects relating to the Gisler/Garfield bridge, and noted that their City Manager indicated that this is one of several projects being presented to OCTA. Mr. Roeder referred to Resolution 93-83 wherein Costa Mesa strongly opposed building bridges on 19th Street and Gisler Avenue, stating that a letter will be prepared and submitted for the public record to the Fountain Valley City Council asking that this matter be withdrawn or continued to such time as the Santa Ana River Crossings (SARX) Study is complete. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, commented on trucks on City streets which are used as storage areas for a variety of trash, and asked that this issue be addressed. He felt that it would be ludicrous to request funding for a Gisler/Garfield bridge when the SARX Study is not finished, and asked Council to adopt an emergency resolution opposing Fountain Valley's request to OCTA. David Stiller, 2879 Regis Lane, Costa Mesa, supported an emergency resolution regarding the Fountain Valley issue, and encouraged the strongest presentation possible. He agreed with Mr. Humphrey regarding the trash trucks, and commented that he had seen several on Royal Palm Drive which are always in the area and obstruct the vision of southbound traffic. Daily Pilot Comments Beth Refakes, 320 Magnolia Street, Costa Mesa, suggested that Fountain Valley's request may be connected to the fact that the Costa Mesa Redevelopment Agency has requested a study of a potential 19th Street bridge. She expressed surprise at Council Member Monahan's comments in the December 6, 2002, issue of the Daily Pilot article entitled, "Defending Justice in the Costa Mesa Way" which profiled east side resident Paul Wilbur. She quoted Mr. Monahan as calling Mr. Wilbur "a nut", stating that he "wrote Mr. Wilbur off a long time ago." Ms. Refakes condemned the 11 comments, stating that they reflect a complete distain for residents who question decisions or disagree with City officials. Gisler Street Bridge Robin Leffler, 3025 Samoa Place, Costa Mesa, Government Relations Chair of the Board of Directors of the Mesa Verde Homeowners Association, voiced opposition to the Gisler Avenue bridge, and asked Council to take action. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, asked Council to make a strong response to the Gisler Avenue bridge, and supported the direction Council has been taking in regards to the SARX Study. She provided the City of Fountain Valley address as 10200 Slater Avenue. 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, reiterated his support of investigation into the merits of a bridge at 19th Street, and requested that the bridges be considered individually. An unidentified speaker opposed the suggestion of a bridge at Gisler Avenue. Council Member Cowan supported preparation of an urgency resolution regarding the bridge, and asked the Assistant City Attorney if this is the proper time to address adding it to the agenda. MOTION/Added A motion was made by Council Member Cowan, seconded by Resolution Regarding Council Member Monahan, to add to the current agenda a Gisler Bridge to resolution opposing the City of Fountain Valley request to OCTA Agenda regarding the Gisler Avenue bridge, citing the findings that this matter came to the attention of the City Council after the posting of the agenda Friday, December 13, 2002, and that there is a need to take immediate action tonight because of the City of Fountain Valley City Council meeting tomorrow evening, December 17, 2002. CONSENT CALENDAR MOTION/Approved READING FOLDER Council Member Monahan suggested including the resolution previously adopted by Council on this matter with a letter to the City of Fountain Valley, in lieu of attempting to create a new resolution this evening. Council Member Cowan replied that the fact that an emergency measure had been taken to place the resolution on the agenda in itself would send a message, and believed that staff could hastily create a resolution that outlines the City's position. Mayor Robinson suggested that the verbiage from the letter drafted by the City Manager could be made into the resolution. The motion carried 5-0. On motion by Council Member Cowan, seconded by Mayor Robinson, and carried 5-0, all Consent Calendar items were approved as recommended. The following Reading Folder item was received and processed: ABC License Request from Sweet Basil Cafe & Pizzeria, 270 Bristol Street, Suite 114, for a person-to-person transfer of a Type 41 Alcoholic Beverage Control (ABC) License (on -sale beer and wine for a bona fide eating -place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1930, funding City operating expenses for 1930 $1,352,100.40. Approved Warrant Warrant Resolution 1931, funding Payroll 225 for 1931/Payroll 225 $1,959,868.27, and City operating expenses for $692,366.03. ADMINISTRATIVE Bids received for Joann -Miner Alley (No. 19) Improvements ACTIONS/Awarded (Fountain Way West to Fountain Way East), Project No. 02-14, are Contract for Alley No. on file in the City Clerk's office. The contract was awarded to S. 19 Improvements to Parker Engineering, Inc., 10059 Whippoorwill Avenue, Fountain S. Parker Engineering Valley, for $23,825.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 02-86 was adopted: A RESOLUTION OF THE CITY 02-86, Approving COUNCIL OF THE, CITY OF COSTA MESA, CALIFORNIA, Submittal of Projects APPROVING THE SUBMITTAL OF THIRTEEN IMPROVEMENT for Funding Under the PROJECTS TO THE ORANGE COUNTY TRANSPORTATION Combined Transpor- AUTHORITY FOR FUNDING UNDER THE COMBINED tation Funding Pro- TRANSPORTATION FUNDING PROGRAM, for Fiscal Years gram 2003-2008. Development Phasing/ The Development Phasing and Performance Monitoring Program, Performance Program required as a condition to receive Measure M sales tax revenue Received and Filed under General Plan Policy LU -1 EA, was received and filed. PUBLIC HEARING Mayor Robinson announced the public hearing, continued from the PA -02-18, Orange meeting of November 18, 2002, to consider an application from Coast College Swap Paul Wilbur, 312 Magnolia Street, Costa Mesa, appealing the Meet Planning 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; and Title 9 permit for Orange Coast College Swap Meet. Communications were received from Francis D. Logan, Jr., Law Offices of Susan M. -Trager, 19712 MacArthur Boulevard, Suite 120, Irvine, representing Paul Wilbur, asking if OCC has paid business taxes in the last ten years, and citing an oversight by the college to ensure that only authorized activities take place; Roy and Dorothy Gauthier, 2765 San Juan Lane, Costa Mesa, protesting the traffic, people, and trash generated by the OCC Swap Meet, and asking that it be confined to one day during the weekend; and Barbara Marcks, Post Office Box 10704, Costa Mesa, asking that the swap meet be retained as is. The Development Services Director and Associate Planner reviewed the agenda report. Paul Wilkinson, Principal, Linscott, Law & Greenspan, Engineers, 1580 Corporate Drive, Suite 122, Costa Mesa, traffic consultants for the City, advised that their recommendations are not based on a "guess", elaborating that there was an extensive baseline data collection process, parking demand counts (both on and off-site), pedestrian observations, review of OCC event scheduling, and interviews with key contacts. He reported that there are a total of 5,800 parking spaces,on campus, the current vendor footprint area totals 1,811 spaces, leaving 4,000 spaces available to support activities, including the swap meet. He noted that visitor parking is typically focused to ,the north end of the campus, Lots A, F, and G, and Coastline Community College District on the north side of Adams Avenue provides parking support, approximately 150 additional spaces. During the observation periods for the swap meet, Mr. Wilkerson 'indicated that all the above parking areas were full, and there were 300 additional cars in Lots F and G looking for parking spaces. He believed that the overall system 1 1 19 needs balance and a control plan, suggesting two and one-half visitor parking spaces per vendor space (Alternative C1). He observed that a means to ensure that the program will work is to make it somewhat smaller,. and to implement enhanced registration. Mr. Wilkerson reviewed several aspects of the plan, and responded to questions from Council. Council Member Cowan cited a major concern regarding trash blowing across Fairview Road, as well as Adams Avenue, and asked that it be conditioned that OCC is responsible for the trash. She suggested that the conditions of approval stipulate that OCC must provide staff to enable the traffic management plan to operate. Mayor Pro Tem Steel addressed changing the venue of the swap meet on at least one of the days of operation to a farmer's market with antiques, art, and so forth. The Associate Planner responded to a question from Council Member Mansoor by stating that the swap meet itself is required to have a business license, and an additional $5.00 fee is paid for each vendor. He reported that all of the business license fees are current, and OCC has confirmed that their liability insurance is up to date. Mayor Robinson asked that Condition of Approval No. 3, "The use shall be conducted as described in the staff report..." be clarified, and asked if traffic backup had been considered should the Pinecreek Drive/Adams Avenue intersection be opened to allow access. Mr. Wilkerson replied that given certain characteristics of the intersection, he, the Costa Mesa Police Department, and Transportation staff, thought that the situation would be manageable. The Development Services Director replied to a question from Council Member Mansoor by stating that OCC is responsible to ensure that each vendor has a State Board of Equalization retail sales tax reporting number. He reported that the vendors are also required to have a valid California Driver's License. Mayor Pro Tem Steel asked that OCC provide those records to the City. Anthony Beaumon, Rutan & Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing OCC, addressed the question regarding trash by commenting that OCC is amenable to monitoring the problem. He replied to Mayor Robinson by stating that OCC would consider cutting the size of the swap meet operations in half on days when the college is hosting another large event. Paul Wilbur, 312 Magnolia Street, Costa Mesa, indicated that he was not appealing the Planning Commission's decision, rather he is "attempting to get the process appropriately handled." He stated that the requirements of Title 9, Chapter ll, of the Zoning Code must be followed by the swap meet. He reviewed the business license process and the reasons for his concerns. Mayor Pro Tem Steel asked that this item be approved so that the swap meet may operate during the holiday season, and the missing documents referred to by Mr. Wilbur could be provided later. The Development Services Director replied that there are no missing documents. Mr. Wilbur stated that the missing document is the Title 9 swap meet special permit that has the recommended conditions by the Revenue Division. Mayor Pro Tem Steel commented that in a conversation with Mr. Wilbur, he had indicated that his objection to the swap meet is the type of businesses that are allowed, specifically automotive and tire. WAR Robin Leffler, 3025 Samoa Place, Costa Mesa, thought that the traffic concerns have been thoroughly investigated. She indicated that the swap meet vendor's low overhead and other factors put local businesses at a disadvantage. She felt that it is up to the ethics of each vendor as to whether or not they pay sales tax. Beth Refakes, 320 Magnolia Street, Costa Mesa, expressed concern that the City's tax revenue from the swap meet seems low. She concurred that the competition placed local businesses at a disadvantage, and questioned the loss of revenue. She asked if the traffic management plan will address jaywalking, asked about crime statistics, and requested Code Enforcement to enforce the swap meet codes. Rachel Perez -Hamilton, 266 Brentwood Street, Costa Mesa, a customer of the swap meet, observed that a large part of the Council discussion relates to the ethnicity of the swap meet attendees and vendors and demonstrates an unwillingness to accept how Costa Mesa and the County are changing. She thought that many of the Hispanic population who attend the swap meet are from Costa Mesa. In reference to revenue being taken away from local businesses, she pointed out that the Orange County Marketplace held at the Fairgrounds is 10 times larger than the OCC Swap Meet. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, observed that the swap meet is now a "store without walls". He objected to potential road deterioration caused by swap meet traffic but supported continuation of the event, suggesting that the rules be "tightened". William Rezzullo, 3400 Meadow Brook, Costa Mesa, swap meet vendor, reported that the businesses are legitimate, and customers are attracted from many cities. He observed that the swap meet offers retirees a venue in which they may earn funds to supplement their retirement income. Francis D. Logan, Jr., Law Offices of Susan M. Trager, 19712 MacArthur Boulevard, Suite 120, Irvine, representing Paul Wilbur, responded to a newspaper article which made personal allegations regarding Mr. Wilbur's character which he thought were inappropriate. He called Mr. Wilbur's appeal completely correct, stating that it raised a purely legal issue. Regarding the business tax issue, he reiterated his belief that the Costa Mesa Municipal Code stipulates a payment of $5.00 per vendor, observed that the calculation seems in error, and urged Council to investigate. Paul Wilbur, 312 Magnolia Street, Costa Mesa, addressed traffic issues caused by the swap meet. Council Member Cowan asked OCC representative Anthony Beaumon if the college would be amenable to a condition that stipulated that no vendor shall engage in tire installation. Mr. Beaumon responded in the affirmative. There being no other speakers, the Mayor closed the public hearing. Council Member Mansoor clarified that his reason for addressing Fairview Road traffic is because that is where the problem exists, not because that area is south of Santa Ana, as suggested by Ms. 1 1 1 Perez -Hamilton. He added that. he was not concerned with who attends the swap meet, and acknowledged that he would like to see the event upgraded to an arts and antiques venue. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-87 Council Member Monahan, and carried 5-0, to adopt Resolution Approving PA -02-18 02-87, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT PA -02-18, modifying the Conditions of Approval as follows: adding a sentence to Condition of Approval No. 4, "The applicant shall work with Public Services and OCTA staff to provide trash pickup along Fairview Road and Adams Avenue in proximity to Orange Coast College, including bus stops."; changing Condition of Approval No. 3(c), "On-site and off-site directional signage and way -finding system along with proactive traffic and parking control measures, and sufficient OCC staffing for implementation,..."; adding a Condition of Approval that stipulates, "No vendors shall engage in tire installation due to the impact on overall parking and on-site traffic, as well as health and safety concerns."; adding the condition, "All elements of the Traffic Management Plan, except for the signage, shall be in effect immediately, and the signs are to be ready and utilized no later than the last weekend in January, 2003."; and adding the condition, "The swap meet shall not operate if stadium events operate during the same hours as the swap meet." MOTION/Approved OCC Title 9 Permit RECESS Mayor Pro Tem Steel stated that race and ethnicity is not the issue here, nor is it the issue with Mr. Mansoor. A motion was made by Council Member Cowan, seconded by Council Member Monahan, and carried 5-0, to approve the Title 9 permit for the Orange Coast College Swap Meet, subject to conditions of approval and applicable code requirements as outlined in Title 13. The Assistant City Attorney clarified that the conditions referred to in the motion would be those imposed on the conditional use permit. The Mayor declared a recess at 8:45 p.m., and reconvened the meeting at 8:55 p.m. OLD BUSINESS The Deputy City Clerk presented the Fairview Park Annual Report. Fairview Park Annual The Fairview Park Plan Administrator summarized the agenda Report report, and responded to questions from Council. Jan Vandersloot, 2221 East 16th Street, Newport Beach, appreciated the natural amenities in Fairview Park and the direction Council has taken in retaining it as a passive park. He asked that there be flexibility in the consideration of a multipurpose trail or a bridge, across Placentia Avenue, suggesting an environmental evaluation of the east side of the park prior to any additions. He proposed reducing the size of the east side parking lot, and review of the planning for Area D on the west side. Robert Graham, 3260 Dakota Avenue, Costa Mesa, questioned removal of the lower parking lot in Fairview Park, commenting that it will pose a hardship for the handicapped. He observed that the lower parking lot is necessary, as well as a ramp at the Canary Street entrance for wheelchairs and strollers. Mayor Robinson asked that Item V -B, Canary Drive Entrance, and Fiscal Review Item 5-, Canary Drive Interface with Fairview Park, Design and Construction, be considered separately, as she has a conflict of interest due to the proximity of her home to the entrance. MOTION/Approved A motion was made by Council Member Cowan, seconded by Goals and Expendi- Council Member Monahan, and carried 5-0, to approve goals and tures expenditures for Fairview Park, excepting Item V -B and Fiscal Review Item 5, delegating the future annual report process to the Parks and Recreation Commission. Council Member Cowan explained to Council Member Mansoor that the Commission is capable of handling the annual review, and Council would still have control over each of the design elements, including final approval. Mayor Robinson turned the meeting over to Mayor Pro Tem Steel and stepped off the dais. MOTION/Approved A motion was made, by Council Member Cowan, seconded by Item V -B and Fiscal Council Member Monahan, and carried 4-0, Mayor Robinson Review Item 5 abstaining, to approve the staff recommendation for Item V -B and Fiscal Review Item 5. NEW BUSINESS The Deputy City Clerk presented the Parks and Recreation Circle of Service Commission's recommendation to induct Lucy Pinkley, Art MacKenzie, Caryl Mollica, and Rosemary Ann Gilhooley, into the Circle of Service located at Lion's Park, adjacent to the Neighborhood Community Center. The Administrative Services Director summarized the Agenda Report. Beth Refakes, 320 Magnolia Street, Costa Mesa, spoke in support of Lucy Pinkley's nomination. MOTION/Approved On motion by Council Member Monahan, seconded by Council Recommendation Member Cowan, and carried 5-0, the Parks and Recreation Commission recommendation was approved. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem OCRAA Funding Steel to consider .member contribution funding for the Orange County Regional Airport Authority (OCRAA). Mayor Pro Tem Steel stated that the request is for $1,000.00 per month for administrative purposes, for the period July, 2002, through June, 2003. Jack Wagner, Executive Director, Orange County Regional Airport Authority, 11222 Acacia Parkway, Garden Grove, replying to questions from Council Member Cowan, reported that the cities of Stanton, Villa Park, Cypress, and Garden Grove, have made commitments and provided their contributions, and other cities are expected to contribute. as the 4.4 Program is proposed. Council Member Cowan expressed an interest in seeing a budget for the funds should all the cities contribute. Mr. Wagner indicated that OCRAA intends to, gain a sense of finality regarding the John Wayne Airport extension. He responded to Mayor Robinson by stating that administration costs are comprised of monies for staff, his salary for a ten-hour workweek, and agenda mailing, and stated that a monthly report is provided to the OCRAA Board of Directors. Rachel Perez -Hamilton, 266 Brentwood Street, Costa Mesa, supported Costa Mesa's participation in OCRAA's member contribution funding. 1 1 1 William Kearns, 3350 California Street, Costa Mesa, supported the OCRAA contribution, noting that the airport questions have not yet been answered. He mentioned potential safety problems that would not occur at EI Toro Marine Corps Air Station, and stated that the noise issue would be better contained in that area. Charles Griffin, 732 Bison Avenue, Newport Beach, encouraged Council to support OCRAA, and endorsed an airport at EI Toro which would alleviate potential problems in Costa Mesa such as increased traffic. MOTION/Approved A motion was made by Council Member Monahan, seconded by OCRAA Funding Mayor Pro Tem Steel, and carried 5-0, to approve the OCRAA $12,000.00 annual funding request for 2002-03, and to address the funding during next year's budget process. Council Member Mansoor agreed to the funding, stating full and complete support is critical on this issue. He added that altitude, flight tracks, and number of aircraft should be addressed through OCRAA. Mayor Pro Tem Steel appreciated the comments in support of the funding. Mayor Robinson supported the motion, suggesting that OCRAA turn it's attention to the Long Beach flight path that is plaguing Costa Mesa. NEW BUSINESS The Deputy City Clerk presented a request to purchase a new Public Safety Compu- Public Safety Computer System, and an upgraded Network ter System Infrastructure. The Police Information System Administrator reviewed the agenda report, and responded to questions from Council. At the request of Council Member Mansoor, the Finance Director provided a description of lease/purchase financing. MOTION/Authorized A motion was made by Council Member Monahan, seconded by Purchase Mayor Pro Tem Steel, and carried 5-0, to authorize the City Manager to sign a purchase order for a new Printrak Public Safety Computer System, and to authorize the City Manager to sign a purchase order for a Hewlett Pack Network Infrastructure Upgrade. NEW BUSINESS The Deputy City Clerk presented Centerline Locally Preferred Centerline LPA Alternative (LPA) Alignment Options: Recommendation that the Alignment Options Orange County Transportation Authority (OCTA) Board of Directors include in the Preliminary Engineering for the Centerline Project the "Extended Underpass" alignment within Costa Mesa as an additional option to be fully evaluated, along with the current Locally Preferred Alternative (LPA) (elevated) alignment. The Transportation Services Manager summarized the agenda report. Council Member Cowan confirmed that this is a request to the Orange County Board of Directors to include preliminary engineering for the Centerline project as an undergrounding alignment. Frank Forbath, 2880 Club House Road, Costa Mesa, after being granted permission to speak for himself and another, read a letter from Barry Christensen, President of the Rail Advocates of Orange County who could not be in attendance, supporting the Centerline program. Ted Bischak, representing CommonWealth Partners, LLC, 3200 Park Center Drive, Costa Mesa, owners of Two Town Center and Downey Savings, both located along the route of the Centerline, supported the project, in particular the study of the extended underpass. He observed that the underpass has the potential to resolve many issues caused by light-rail, such as noise, distraction, etc., particularly in an elevated system. He mentioned benefits of the system such as reduced cost rapid transit, particularly to the County offices and courts. Mr. Bischak asked Council to urge the Orange County Transit Authority to conduct a serious study of the extended underpass as an integral part of the Centerline project. Frank Forbath, 2880 Club House Road, Costa Mesa, member of the Rail Advocates of Orange County, spoke in support of the Centerline project, and addressing the below -ground study, commented that some initial cost estimates for extended below - grade alignment in Orange County are as high as $150 million which is totally out of balance with the rest of the project costs. He felt that it would be a "project killer" if forced onto the final plans for Centerline given the current funding realities. Mr. Forbath encouraged Council, City leaders, and citizens to tour the San Diego and Los Angeles systems to observe when rail transit integrates successfully and aesthetically at- or above -grade. Paul Freeman, representing C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, commented on their support of the Centerline project, noting that the only options are "up in the air or underground". He disagreed with the premise put forth by Mr. Forbath that the associated costs of study to underground would be a "killer", and commented on the noise and aesthetic considerations for the theatre and arts districts. MOTION/Approved A motion was made by Council Member Cowan, seconded by Centerline LPA Mayor Robinson, and carried 5-0, to approve the Centerline LPA Alignment Options Alignment Options, deleting the term "Extended Underpass", substituting "Underground Alignment". Council Member Mansoor supported the request. He appreciated Mr. Forbath's concerns but could not "close the door" on the undergrounding. Council Member Cowan thought that this made an important statement to OCTA about "looking at the actual cost and concerns, and identifying how one can go about undergrounding." She felt that it is OCTA's obligation now to make the policy. Mayor Robinson thanked Council Member Cowan and the Transportation Services Manager for their work on the Centerline project, as well as for gaining consent among the stakeholders. She commented that the theatre arts district in Costa Mesa will be special, and felt that now is the time to ask for what we want that will facilitate the plans. She did not feel that the project should move forward without at least looking at undergrounding. NEW BUSINESS Mayor Robinson introduced a resolution opposing the City of Gisler Avenue Bridge Fountain Valley's request to the Orange County Transportation Authority for design and environmental analysis of the Gisler Avenue/Garfield Avenue bridge. The Administrative Services Director presented Council with copies of the "urgency" resolution under consideration, as well as Resolution 93-83, adopted at the adjourned regular meeting of October 25, 1993, which originally opposed the Gisler Avenue, as well as the 19th Street, bridges. He enumerated the following key elements to the current resolution: the funding request is premature in light of the Santa Ana River Crossing (SARX) Study that will be before elected officials and the public in the following cities, Fountain Valley, Newport Beach, Huntington Beach, and Costa Mesa, over the next few months; the SARX Study has identified a series of alternative mitigation measure to construction of the bridge that are more cost effective and far less intrusive to the surrounding communities; several 215 years of work and over $200,000.00 in consultant costs have been committed to studying the Gisler Avenue/Garfield Avenue bridge proposal, along with the proposed 19th Street//Banning Avenue bridge; the City of Fountain Valley should not submit, nor should OCTA fund, additional design and environmental work for this project until the SARX.Study is final; because of the magnitude of the Gisler/Garfield bridge on both, Costa Mesa and Fountain Valley, the application for funding should be considered as a public hearing with input from all affected residents, and not as a Consent Calendar item; approval of the City of Fountain Valley's application to OCTA, inclusive of the Gisler/Garfield bridge, will force the City of Costa Mesa to take action to oppose the project at each and every approval step of the process; the two cities have a long history of cooperation and collaboration in resolving problems of joint concern, and to apply for OCTA funding at this time is inconsistent with that historic level of cooperation. The Assistant City Attorney concurred with Mayor Robinson and the Administrative Services Director regarding reconfirmation of Resolution 93-83 in the current resolution. Paul Freeman, representing ownership of South Coast Plaza Partners and C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, reiterated their opposition to the Gisler Avenue Bridge, and will send a letter of opposition to the City of Fountain Valley meeting. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-88 Mayor Robinson, and carried 5-0, to adopt Resolution 02-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING THE CITY OF FOUNTAIN VALLEY'S REQUEST TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR DESIGN AND ENVIRONMENTAL ANALYSIS OF THE GISLER-GARFIELD BRIDGE, to include key elements one through five, and a reference to the 1993 City Council resolution. CITY ATTORNEY The Assistant City Attorney requested a closed session pursuant to REPORT/Neja, etc. Government Code Section 54956.9 for a conference with legal V. City counsel regarding existing litigation concerning T. J. Neja, etc., v. Local Agency Formation Commission of Orange County, City of Costa Mesa, etc., Orange County Superior Court Case No. 02CC16304. He indicated that a closed session would be required should Council have questions. Council Member Monahan felt that the matter could be considered in open session. MOTION/Approved A motion was made by Council Member Monahan, seconded by Recommendation Council Member Cowan, and carried 5-0, to approve the City Attorney's recommendation-, as contained in his confidential memorandum_dated Decem er-'10, 2002. CITY MANAGER'S The Administrafiiv ;_ fiPr`'icb`s2,':Director announced, pursuant to REPORT/Request for Section 54967. of the= Californ-l'a Government Code, a closed Closed Session session has been schec;ul_eci regarding a public employee release; and pursuant to_ Stiction_ .54965.9(b)(3)(B) of the California Government Code, a- closed- session has been scheduled to confer with legal counsel regarding_ -anticipated litigation of matters that involve significant exposure to litigation — one (1) case. Mayor Robinson stated that closed session would be held at the conclusion of regular business. COUNCIL Council Member Cowan thanked Council for their support on the COMMENTS Centerline issue. John Rule Mayor Pro Tem Steel reported his attendance at the funeral of John Rule who was - very active in the community, and asked Council to consider making a permanent memorial to Mr. Rule 19th Street Jaywalking/ sometime in the future. He reported on a phone call he had Transients in Lions received from a concerned citizen relating to jaywalking on 19th Park Street and the transients in Lions Park. "Snow Day" Mayor Robinson reported the Costa Mesa "Snow Day" was a huge success, attended by persons from all over the County. She thanked Stacia Mancini, Steve Hayman, and the Recreation Division. She addressed trash trucks who park at random in the Trash Trucks/ City, and asked that Code Enforcement be directed to confront the Transients situation, reporting back to Council as to whether the problem has been identified. Mayor Robinson asked that the areas where an increase in transient activity has been noted be investigated. ADJOURNED TO At 10:15 p.m., Mayor Robinson adjourned the meeting to a closed CLOSED SESSION session in First Floor Conference Room 1A. MEETING The Mayor reconvened the meeting at 10:30 p.m., and announced RECONVENED that no action was taken in regards to a public employee release. The facts and circumstances were announced that the closed session regarding the request to confer with legal counsel regarding anticipated , litigation of matters that involve significant exposure to litigation — one (1) case, related to a letter dated October 15, 2002, from Tom Wood, Assistant City Attorney, regarding possible legal mediation at a closed session on September 9, 2002, held to conduct a public employee evaluation. The closed session was to discuss the allegations in the foregoing letter. ADJOURNED TO At 10:35 p.m., Mayor Robinson adjourned the meeting to a closed CLOSED SESSION session in First Floor Conference Room 1A. MEETING The Mayor reconvened the meeting at 11:05 p.m., and it was RECONVENED announced that no action was taken during the conference with legal counsel regarding anticipated litigation of matters that involve significant exposure to litigation. ADJOURNMENT Mayor Robinson declared the meeting adjourned at 11:10 p.m. ayor of the City of Costa Mesa ATTEST: 4-6 De y amity' C! k= of -fie, City of Costa Mesa 1 1