Loading...
HomeMy WebLinkAbout01/21/2003 - City Council1 1 1 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 21, 2003 The City Council of the City of Costa Mesa, California, met in regular session January 21, 2003, 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 and opening prayer by Council Member Monahan. Council Members Present: Council Members Absent: Officials Present: Mayor Karen Robinson (left at 7:25 p.m.) Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Gary Monahan Council Member Allan Mansoor None City Manager Allan Roeder Assistant City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Associate Planner Claire Flynn Recreation Manager Stacia Mancini Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Mayor Pro January 6, 2003 Tem Steel, and carried 5-0, the minutes of the regular meeting of January 6, 2003, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steel, and carried 5-0, to read all ordinances and resolutions by title only. PROCLAMATION Mayor Robinson read and presented a proclamation to the Mesa Mesa Goathill 4-H Club Goathill 4-H Club, in recognition of the 4-H Centennial celebration, 4-H Centennial commending them for their abilities in making a difference in the education of children and for their many philanthropic contributions to the community. She presented the proclamation to Cassandra Duarte, President, Brennan Cackett, Reporter, and Erin Gleason, Sergeant at Arms, for the Goathill 4-H Club. PRESENTATION The Director of Administrative Services presented the Mayor, the Certificate of Apprecia- City of Costa Mesa, and its employees with a Certificate of tion Appreciation from Orange County's United Way for the City of Costa Mesa 2002-2003 Workplace Campaign, in recognition of the generous support given by employees in the City's annual workplace charitable giving campaign. PUBLIC COMMENTS Robert Graham, 3260 Dakota Avenue, Costa Mesa, discussed the 19th Street Bridge decision Council made at the previous meeting regarding the 19th Study Street bridge crossing, expressing his belief that the decision was made without adequate information and that he did not understand why a study could not be done. Millard Comments Martin Millard, 2973, Harbor Boulevard, No. 264, Costa Mesa, compared Council to a Board of Directors of a business, stating "there is a lot of talking being done, but no action being taken" to improve the problems in the City. Mr. Millard also commented on the action by the City of Santa Ana City Council to close an indoor swap meet. Habitat Housing Anne Hogan-Sheres,hevsky, 2152 Elden Avenue, No. 1, Costa Mesa, thanked Mayor Robinson and staff for their attendance at Martin Luther King, Jr. the Habitat Housing opening on January 11, 2003, she also Holiday expressed her appreciation of the City offices observing the Martin . Luther King, Jr. holiday. Ms. Hogan-Shereshevsky feels there are Fireworks no safe and sane fireworks, and opined that they should be banned in the City. She inquired as to what is being built on Victoria Street at Pomona Avenue. To which Mayor Robinson Fire Regulations stated that although she did not know, she would look into it. Ms. Hogan-Shereshevky !also asked about fire regulations in public buildings, and how often fire drills are to be conducted, expressing her concern regarding the Costa Mesa Senior Center. The City Manager offered to,speak speak with the Senior Center Corporation regarding the matter., 19th Street Bridge Terri Breer, 956 Magellan Street, Costa Mesa, a member of the Community Redevelopment Action Committee (CRAC), had supported the recommendation to Council for a study to be conducted of the 19th; Street bridge. She expressed her confusion as to the reasons for Council's decision not to consider the study. CONSENT The following items ;were removed from the Consent Calendar: CALENDAR Item No. 4, Contract Award for Roadway Rehabilitation of Paularino Avenue; Item No. 7, Resolution Extending the Deadline for Overhead Utility Removal in Underground Utility District No. 21; and Item No. 9, Newport Boulevard Improvement Project. MOTION/Approved On motion by Council Member Monahan, seconded by Council Except Item Nos. 4, 7, Member Cowan, and carried 5-0, the remaining Consent Calendar and 9 items were approved ;as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Alida Cardenas; Charles and Sally Frei; Judith Frei; Audrey Gorka; Rita Joy Kunkel; and Lisa White. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Chat Noir (formerly Amici Tratoria), 655 Anton Boulevard, for an original Type 47 ABC license (on -sale general for a bona fide eating place). AM/PM, 300 Bristol Street, for a person-to-person transfer of a Type 20 ABC license (off -sale beer and wine). Seventeen Sushi, ;369 East 17th Street, Suite 17, for a person- to-person transfer�of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). 1 n U r, Public Utilities Southern California Gas Company filed Application No. 02-12-027 Commission with the California Public Utilities Commission for a proposed increase in gas rates. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1935, funding Payroll 301 for $346,787.84, 1935/Payroll 301 and City operating expenses for $1,425,520.84. Approved Warrant Warrant Resolution 1936, funding City operating expenses for 1936 $926,268.64. ADMINISTRATIVE Bids received for 2001-2002 Slurry Seal and Crack Seal, Project ACTIONS/Awarded No. 02-16, are on file in the City Clerk's Office. The contract was Contract for Slurry awarded to Pavement Coatings Company, 5312 Cypress Street, Seal and Crack Seal Cypress, for $161,263.48, and the Mayor and Deputy City Clerk to Pavement Coatings were authorized to sign on behalf of the City. Adopted Resolution Resolution 03-4 was adopted: A RESOLUTION OF THE CITY 03-4, Fire Department COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60. Accepted Work for Reconstruction of Santa Ana Avenue, 19th Street, and Orange Reconstruction of Santa Avenue, Project 02-04, was completed to the satisfaction of the Ana Avenue, Project Public Services Director on December 21, 2002, by R. J. Noble No. 02-04, by R.J. Company; 15505 East Lincoln Avenue, Orange. The work was Noble Company accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Bristol -Newport Signal Improvement Project Approved Agreement with Parsons Transport- tation Group, Inc. The following action was taken regarding the Bristol -Newport Signal Improvement Project: An Agreement was approved Group, Inc., 4701 Von Karman Beach, for $29,566.00, for improvements along Bristol Stre( the Mayor and Deputy City Cie behalf of the City. with Parsons Transportation Avenue, Suite 300, Newport design of traffic signal t and Newport Boulevard, and 'k were authorized to sign on Adopted Resolution Resolution 03-5 was adopted: A RESOLUTION OF THE CITY 03-5, Allocation of COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Combined Transporta- REQUESTING THE ORANGE COUNTY TRANSPORTATION tion Program Funds AUTHORITY TO ALLOCATE COMBINED TRANSPORTA- TION PROGRAM FUNDS FOR DESIGN OF THE BRISTOL - NEWPORT SIGNAL IMPROVEMENT PROJECT (00-CMSA- SIP-3030). Reappointed Charles Charles Gleason, the current representative, was reappointed to Gleason to O.C. Vector the Orange County Vector Control District Board for a term of four Control District Board years. Roadway Rehabilitation Item No. 4 on the Consent Calendar was presented: Bids of Paularino Avenue received for Roadway Rehabilitation of Paularino Avenue from Bristol Street to Newport Boulevard, Project No. 02-15, Federal Project No. STPL-5312 (036), are on file in the City Clerk's Office. Council Member Mansoor asked staff if it was possible to underground the utilities at the same time as the rehabilitation. Staff advised that due to the utilization of grant funds to complete the work on the project and there is a timeline involved, it would not be cost effective at this time. He urged that for future projects to consider the street repair in conjunction with the under - grounding of utilities. MOTION/Awarded A motion was made by Council Member Cowan, seconded by Contract to All Mayor Robinson, and carried 5-0, to award the contract to All American Asphalt American Asphalt, Post Office Box 2229, Corona, for $803,417.50, and the Mayor and Deputy City Clerk were authorized to sign on;behalf of the City. Resolution Extending Item No. 7 on the Consent Calendar was presented: Resolution Overhead Utility extending the deadline for overhead utility removal in Under - Removal ground Utility District No. 21, on Placentia Avenue from 18th Street to 20th Street, and on 19th Street from Anaheim Avenue to Monrovia Avenue. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked how the undergrounding could be done before it is known, depending on the SARX study, whether 19th Street will be extended to four lanes, or possibly even six lanes. Doug Sutton, 2739 Canary Drive, Costa Mesa, also stated his opposition of the City spending funds for undergrounding of any utilities until there is a strategic plan in place to help determine what the City's liabilities will be for the next five to seven years. Adopted Resolution On motion by Council Member Cowan, seconded by Council 03-6, Overhead Member Mansoor, carried 5-0, to adopt Resolution 03-6: A Utility Removal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING THE DEADLINE FOR OVERHEAD UTILITY REMOVAL IN UNDERGROUND UTILITY DISTRICT NO. 21, ON PLACENTIA AVENUE FROM 18TH STREET TO 20TH STREET AND ON 19TH STREET FROM ANAHEIM AVENUE TO MONROVIA AVENUE. Newport Boulevard Item No. 9 on the Consent Calendar was presented: Newport Improvement Project Boulevard Improvement Project. The Public Services Director reviewed the Agenda; Report. Council Member Cowan expressed uncertainty if this was the appropriate time to 'move forward on the project, due to cost containment, and that she admittedly has some reservations about the project. Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated that he thought this project was more important than repaving Paularino Avenue, and cost less A motion was made by Council Member Cowan, seconded by Mayor Robinson, to suspend the design and EIR process, and direct staff to return to Council with discussion of this option again. Mayor Robinson expressed her support as she felt that it was important to have discussion from staff on the project. Council Member Monahan stated his opposition to the motion calling attention to the congestion of the intersections at 17th and at 19h Street and Newport Boulevard; describing them as the worst in the county. He informed the Council that the Transportation Services Manager has worked closely with OCTA to devise a plan, by adding a lane, which would improve the movement of traffic to the Freeways at minimal impact on local businesses. He felt that a delay might jeopardize any grant money the City may receive for such an improvement and/or the completion of the project in a timely manner. Staff responded to questions of Mayor Robinson regarding time delays of the project. Council Member Cowan explained her understanding that the intent was to create a "pedestrian friendly area" at the indicated intersection, although expressing apprehension that an additional lane would accomplish that. She also noted that it was once intended to remove from the control of CALTRANS, the decision of such an improvement. Mayor Pro Tem Steel expressed his opposition further stating that it does not obligate the City to construct an extra lane. Council Member Mansoor disagreed with Council Member Cowan's comment regarding expected traffic in those intersections, he felt that it was not fair to the community to delay the project. MOTION/Approved A substitute motion was made by Council Member Monahan, Agreement with seconded by Mayor Pro Tem Steel, and carried 3-2, Mayor Segueira Infrastructure Robinson and Council Member Cowan voting no, to approve the Agreement with Segueira Infrastructure Associates, 4 Technology Drive, Suite 150, Irvine, for $789,434.00, for environmental study and design of improvements on Newport Boulevard, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 03-7 was adopted: A RESOLUTION OF THE CITY 03-7, Allocation of COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Combined Transporta- REQUESTING THE ORANGE COUNTY TRANSPORTATION tion Program Funds AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR ENVIRONMENTAL AND DESIGN SERVICES FOR IMPROVEMENTS TO NEWPORT BOULEVARD BETWEEN 17TH STREET AND 19TH STREET. Approved Budget Budget Adjustment 03-076 was approved for $95,000.00 to Adjustment 03-076 appropriate funds from the Growth Management Area to the Newport Boulevard Environmental and Design Project. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Minor Design Review set for the public hearing to consider an application from Mayor ZA-02-73/Dewan Pro Tem Chris Steel appealing the Planning Commission's approval of Minor Design Review ZA-02-73 for Steven and Susan Dewan, to construct a second -floor addition on a single-family residence, and to exempt the property from current parking requirements due to inadequate garage depth (20 feet required; 19 feet 4 inches existing), located at 439 Broadway in an R1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailings are on file in the City Clerk's Office. Communications were received in support of the project from the following Costa Mesa residents Judy Meade, 467 Broadway; and Marie Concannon White, 432 Broadway. Communications in opposition to the project were received from: Wendell Maberry, 442 Broadway; Jackie Albright, 379 Broadway; Charles Hanson, 458 Magnolia Street; Lance Jencks, 443 Flower Street; Barbara Beck Jencks, 443 Flower Street; and Tsuyuko Inokuchi, 446 Flower Street. A memorandum was received from Mayor Karen Robinson asking Council to continue this item until the meeting of February 3, 2003, along with a letter supporting the continuation from Marilyn Tradewell, 418 Magnolia Street, Costa Mesa. There was also a communication received from Steven Dewan, 439 Broadway, the applicant, requesting Council not to continue the hearing to a later date. Mayor Robinson expressed her reason for asking for a continuance of the public hearing was she would be leaving at 7:30 p.m. to catch a plane to the Mayor's conference being held in Washington D.C., and would like to take part in the vote on this matter. Council Member Mansoor expressed his concern commenting that the Council has an obligation to the individuals involved in the project to move forward with the public hearing. Mayor Pro Tem Steel felt is was wise to continue the item as requested but suggested that public comment be taken from those present for the hearing. Council Monahan expressed his desire to move forward with the hearing. Motion to Continue A motion was made by Mayor Pro Tem Steel, seconded by Mayor Failed to Carry Robinson, to continue the public hearing until the meeting of February 3, 2003, failed to carry 3-2, with Council Members Monahan, Cowan and Mansoor voting no. The Associate Planner reviewed the Agenda Report, and responded to questions from Council. Mayor Pro Tem Steel stated his reason for appealing the project expressing that his intent was to send a message to the other Council Members that clearer guidelines need to be put into place regarding second -story addition proposals, but stated he was not against residents improving their property. Mayor Pro Tem Steel quoted a court decision and comments from letters from the public regarding the compatibility of the proposed construction. Mayor Robinson stated her concern with the proposed project as it relates to the compatibility with the neighborhood. She agreed that the applicant should be able to expand their home, however, she felt that the design, as presented, created a "block wall" effect that would not be compatible and would have a detrimental effect on the neighborhood. RECESS Mayor Robinson declared a recess at 7:25 p.m., and left the meeting. Mayor Pro Tem Steel reconvened the meeting at 7:35 p.m. The following Costa; Mesa residents spoke in support of the project: Suzi Brown; 288 Bowling Green Drive; Greg Hall, 440 Flower Street; Hans Anderle, 1845 Pitcairn Drive; Margaret Taylor, 433 Broadway; Brad Barton, 458 Broadway; David Costco, 300 East 19th Street; Ernie Gorrill, 419 East Bay Street; Bill Beck, 419 Broadway; John' Cornuke, 423 Broadway; Jeff Zahedi, 429 Broadway; Craig Silva, 422 Broadway; Anne Gifford, 705 West Bay Avenue, Newport Beach, who owns the property at 412 Magnolia Street; Robert Milliken, 428 Broadway; Lance Moore, 438 Magnolia Street; and Lee Rogaliner, 412 Magnolia Street. The following Costa Mesa residents spoke in opposition of the project: Wendy Gustin, 477 Flower Street, who supported a continuation of the public hearing; Judith Gielow, 469 East 18" Street; Lance English, 498 East 18th Street; Bjorn Hedberg, 429 Magnolia Street; and Richard Tradewell, 418 Magnolia Street. Bill Halle, 480 East 18th Street, Costa Mesa, stated his understanding of the Dewan family needing more space, but did not feel the project is compatible with the character of the neighborhood. Lance Jencks, 443 Flower Street, Costa Mesa, expressed that not one inch of the livable space on the proposal is over the existing residence it is between the house and the garage, over the yard. He further stated he is in support of the public hearing being continued to the meeting of February 3, 2003. Barbara Beck Jencks, 443 Flower Street, Costa Mesa, stated she is strongly opposed to the project, and since Mayor Robinson is not able to vote on the project, it should be continued to the meeting of February 3, 2003. Thomas Kim, 20102 Southwest Birch Street, Newport Beach, representing Isuyuko Inokuchi of 446 Flower Street, Costa Mesa, stated the project is not compatible with the neighborhood. Linda Brune, 2300 Fairview Road, No. F103, Costa Mesa, showed photographs of homes in the neighborhood which have already had additions. Chris Blank, 3160 Gibraltar Avenue, Costa Mesa, discussed the rules and regulations used to appeal the decisions, as they are not clear, he also stated neighbors should get together on these projects instead of standing apart. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, asked that the project be approved in that it would be an improvement to the neighborhood, and attract a "higher class" of people to the City. Doug Sutton, 2739 Canary Drive, Costa Mesa, stated Council has a very important job in making the decision regarding this project and should listen to all of the neighbors who have spoken before making their decision, as well as prioritize the closest neighbors opinions as opposed to others who do not live in close proximity of the property being discussed. Jim Gray, 215 Knox Street, Costa Mesa, expressed there is no real design spelled out for neighborhoods, or businesses in the City, and there is a need for balance. Steve Dewan, 439 Broadway, Costa Mesa, showed Council a model of the design and discussed the plans for the project. He stated that he spoke with his neighbors and showed them the plans for the project to make sure they knew all aspects of it, and they have been very receptive to the concept. Lance Jencks, 443 Flower Street, Costa Mesa, was permitted to readdress Council and to express his understanding of the project; he commented that a second -story addition should only be built over the existing house, and that this design creates two walls next to the neighboring yards. There being no further speakers,. the Mayor Pro Tem closed the public hearing. Council Member Cowan commented that there is no current law or zone which denies this kind of design, and this is exactly what the City's design standards have asked for over the last several years as Council has struggled with designs that have massive walls, that are unbroken, and right on top of the neighbors. She further stated that the neighborhood is unique, and recognized the concern of compatibility, but felt that this design is compatible and not detrimental to the: neighborhood. Mayor Pro Tem Steel stated he is supporting the approval, although he does not. care for the particular design, and reiterated his belief that staff and Council should review design standards. Council Member Mansoor expressed his support as he felt that it was a creative and pleasant design. MOTION/Adopted A motion was made ;by Council Member Monahan, seconded by Resolution 03-8 Council Member Mansoor, and carried 4-0, Mayor Robinson Approving Minor Design absent, to uphold the Planning Commission's decision by Review ZA-02-73 adoption of Resolution 03-8: A RESOLUTION OF THE CITY COUNCIL OF THE; CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR DESIGN REVIEW ZA-02-73, with the findings. RECESS Mayor Pro Tem Steel declared a recess at 8:55 p.m., and reconvened the meeting at 9:05 p.m. Council Member Cowan asked the Development Services Director when the eastside overlay zone issue would be on the Planning Commission Agenda,; and he stated tentatively February 24, 2003. OLD BUSINESS The Deputy City Clerk presented from the meeting of December Segerstrom Home 2, 2002, Segerstrom Home Ranch Education Grant. The Ranch Education Grant Assistant City Attorney reviewed the Agenda Report and responded to questions from Council. Mayor Pro Tem Steel advised that he would like to deal with the nine items separately, for the benefit of the public. Council Member Cowan commented that she supported that idea and supported the Segerstrom option, with a few modifications. Doug Sutton, 2739 Canary Drive, Costa Mesa, supported the third option in the Agenda Report and stated he would like one foundation formed by the Segerstrom's, as well as expenditures limited to 10%. Mr. Sutton clarified it was he who initially proposed the linkage of the Home Ranch Project to education, then the Segerstrom's proposed a $2,000,000.00 educational payment to the community as part of the Home Ranch Development Agreement, and he applauded their efforts to do so. He expressed the residents supported the Home Ranch project because of what it brings to the community of Costa Mesa. He further expressed his opinion on the use of the money in that it should benefit all levels of academic opportunity, suggesting an after-school program ,modeled after Newport Harbor High School's program. Chris Blank, 3160 Gibraltar Avenue, Costa Mesa, expressed he would like to see two foundations formed because it will involve more people who will be able to come up with more ideas, they 1 1 1 have greater contacts within the community, and it will lead to a closer affiliation between the members of the foundations, and the needs of the schools they are serving. Mr. Blank expressed his belief that the meetings should be closed meetings giving the foundations more flexibility, and also felt that there should not be Council Members serving on either foundation. Tom Antal, Estancia High School Principal, believed that two foundations are best as it keeps the decision making as close as possible to the students and families being served; it broadens representation; it is a more efficient use of meeting time when a group meet about a specific issue; and it follows the spirit of the Development Agreement where each of the schools involved would be seen as distinct. Diane Bjelland, 2773 Bluebird Circle, Costa Mesa, complimented Costa Mesa High School, but stated there is an image problem because the public does not know what a great school it is but with the help of this foundation the perception will change. Fred Navarro, 2650 Fairview Road, Costa Mesa, Costa Mesa High School Principal, expressed his belief that the issue was about power, and he would like to see the community members given the power. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reiterated that this money was not a gift from the Segerstrom's, but in fact they "bought approval from City Council for the Home Ranch Project and their 20 -year development plan"; he stressed that it is City money that is to go to the citizens of the City to be used for the schools; it does not go to the schools directly. Mr. Millard felt that the Brown Act must apply to the foundations. James Rogers, 22246 Lanton Lane, Lake Forest, representing the Newport -Mesa Federation of Teachers, encouraged the formation of two separate foundations and shared his experience working with the foundation at Corona Del Mar High School. He also responded to questions from Council Member Monahan regarding that foundation. John Garcia, no address given, expressed the need for two foundations in that each school is a unique and each of their needs can be met. Andy Parsons, 2745 Starbird Drive, Costa Mesa, rebutted Mr. Millard's comments that this is a payback for the communities' acceptance of the Home Ranch Project. He also stated it would be best to have two foundations. Beth Refakes, 320 Magnolia Street, Costa Mesa, commented that a single foundation would be better because there would be less in administrative costs, and there would be more money available to the schools. She also felt that the foundation should be governed by the Brown Act. Forrest Werner, 992 Azalea Drive, Costa Mesa, explained that a foundation is a corporate structure, to start with, then the foundation must apply for a 501(e)(3) tax exempt status to operate, operating much as a business does, and thereby filing tax returns at the end of the year pointing out that that information is public record. He did not agree that a Council Member should be a part of either foundation. i MOTION/Formed Two A motion was made by Mayor Pro Tem Steel, seconded by Foundations Council Member Cowan, and carried 3-1, Council Member Mansoor voting no, to form two foundations; -one for Costa Mesa High School, and one for TeWinkle Middle School/Estancia High School. MOTION/Segerstroms A motion was made' by Council Member Monahan, seconded by to Form Foundations Council Member Cowan, and carried 3-1, Council Member Mansoor voting no, for two new foundations to be formed by the Segerstroms. MOTION/Approved A motion was made by Council Member Cowan, seconded by 5-15 Members for each Council Member Monahan, and carried 3-1, Council Member Foundation Mansoor voting no, ;for both foundations to have between 5-15 members as determined by 2/3 vote of members with a default number of 7. MOTION/Approved A motion was made by Council Member Cowan, seconded by Initial Directors as Council Member Monahan, and carried 3-1, Council Member Proposed by the Mansoor voting no, to approve the initial Directors as proposed by Segerstroms the Segerstroms: Costa Mesa High School Foundation, Diane Bjelland, Joyce Christiansen, James Ferryman, Frank Masciale, Bonnie Saryan, and William Sneen; and TeWinkle Middle School/Estancia High School Foundation, Charles Cassity, William Butler, Christine Ludlow, Forrest Werner, and Andrew Parsons; the Directors shall elect their successors; the Parent Teacher Students 'Association of each school may designate one Director, the remaining Directors are elected by a plurality of the board; and the Board may create a nominating committee. MOTION/Approved A motion was made by Council Member Monahan, seconded by Directors Decision Council Member Cowan, and carried 4-0, the Directors shall on Qualifications decide the qualifications and restrictions on Board Membership. MOTION/Approved A motion was made;by Council Member Monahan, seconded by Principal Participation Council Member Cowan, and carried 3-1, Council Member Mansoor voting no, 'that the Principal of each school shall be invited to participate in Board or committee meetings and to advise the Board ! and committees as the Board deems appropriate from time to time. MOTION/Directors to A motion was made by Council Member Monahan, seconded by Decide Board Member- Council Member Cowan, and carried 4-0, the Directors shall ship Terms decide the Board Membership Terms. MOTION/Approved A motion was 'made by Council Member Cowan, seconded by Interest Used Council Member Monahan, and carried 4-0, that only interest earned on grant funds can be used; except up to $50,000.00 of the principal can be used in the first year for each foundation. MOTION/Approved A motion was made by Council Member Cowan, seconded by 15% of Expenditures Mayor Pro Tem Steel, and carried 4-0, that no more than 15% of each year's expenditures be used for administrative or fundraising purposes. MOTION/Grant Funds A motion was made ;by Council Member Monahan, seconded by Cannot be used for Mayor Pro Tem Steel, and carried 4-0, 25% of the grant funds can Facilities, 25% for be used for non -revenue producing athletics, but none of the grant Athletics funds can be used for facilities or athletic equipment. MOTION/Approved A motion was made by Council Member Monahan, seconded by 85% of Grant Funds for Mayor Pro Tem Steel, and carried 4-0, 85% of the grant funds be Educational Activities used for directly expanding educational activities and facilities. Motion Failed To Carry A motion was made by Mayor Pro Tem Steel, seconded by Council Member Mansoor, to have the Brown Act applicable to the Board Meetings, failed to carry 2-2, with Council Members Cowan and Monahan voting no. Council Member Cowan commented that she felt the foundations should not be burdened with the requirements of the Brown Act but thought the meetings should be posted at the schools 72 hours prior to the meetings being held. Council Member Mansoor suggested that the meetings also be posted on the City's website. MOTION/Approved A substitute motion was made by Council Member Monahan, Open Meetings seconded by Council Member Cowan, and carried 4-0, that all meetings are open to the public except legal and fundraising actions, and that meeting agendas are to be posted 72 hours prior to the meetings at the following locations: City Hall, the City website, and the schools involved. OLD BUSINESS The Deputy City Clerk presented Community Objective 01 - Newport Boulevard B4/Newport Boulevard Banner Program. The Associate Planner Banner Program summarized the Agenda Report and responded to questions from Council. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated she did not understand why a banner program is needed when the City will soon have the "CostAmazing" banners promoting the City's 50th year, she felt that while the banner program is a nice idea that it is not a budget necessity and would be a waste of money. Council Member Mansoor commented that he felt that beautification of the streetscape/landscape will better enhance Newport Boulevard. Council Member Cowan requested staff to inform the Council as to the expected locations/placement of the "CostAmazing" banners. MOTION/Continued to A motion was made by Council Member Cowan, seconded by March 3, 2003 Mayor Pro Tem Steel, and carried 3-0, Council Member Monahan abstaining, to continue the Newport Boulevard Banner Program to the meeting of March 3, 2003. OLD BUSINESS The Deputy City Clerk presented the Open Space Master Plan of Open Space Master Parks and Recreation Update. The Recreation Manager Plan of Parks and summarized the Agenda Report and responded to questions from Recreation Update Council. MOTION/Approved A motion was made by Council Member Cowan, seconded by Board to Decide Council Member Monahan, and carried 4-0, for the Board to authorize the requirement for expenditures. MOTION/Approved A motion was made by Council Member Cowan, seconded by Annual Independent Mayor Pro Tem Steel, and carried 4-0, that there be an annual Audit independent audit that is available to the public. Motion Failed To Carry A motion was made by Mayor Pro Tem Steel, seconded by Council Member Mansoor, to have the Brown Act applicable to the Board Meetings, failed to carry 2-2, with Council Members Cowan and Monahan voting no. Council Member Cowan commented that she felt the foundations should not be burdened with the requirements of the Brown Act but thought the meetings should be posted at the schools 72 hours prior to the meetings being held. Council Member Mansoor suggested that the meetings also be posted on the City's website. MOTION/Approved A substitute motion was made by Council Member Monahan, Open Meetings seconded by Council Member Cowan, and carried 4-0, that all meetings are open to the public except legal and fundraising actions, and that meeting agendas are to be posted 72 hours prior to the meetings at the following locations: City Hall, the City website, and the schools involved. OLD BUSINESS The Deputy City Clerk presented Community Objective 01 - Newport Boulevard B4/Newport Boulevard Banner Program. The Associate Planner Banner Program summarized the Agenda Report and responded to questions from Council. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated she did not understand why a banner program is needed when the City will soon have the "CostAmazing" banners promoting the City's 50th year, she felt that while the banner program is a nice idea that it is not a budget necessity and would be a waste of money. Council Member Mansoor commented that he felt that beautification of the streetscape/landscape will better enhance Newport Boulevard. Council Member Cowan requested staff to inform the Council as to the expected locations/placement of the "CostAmazing" banners. MOTION/Continued to A motion was made by Council Member Cowan, seconded by March 3, 2003 Mayor Pro Tem Steel, and carried 3-0, Council Member Monahan abstaining, to continue the Newport Boulevard Banner Program to the meeting of March 3, 2003. OLD BUSINESS The Deputy City Clerk presented the Open Space Master Plan of Open Space Master Parks and Recreation Update. The Recreation Manager Plan of Parks and summarized the Agenda Report and responded to questions from Recreation Update Council. 0 A Costa Mesa resident, claiming to represent the skateboarders in the City, was concerned as to when the skateboard park is going to be completed. i Ben Hubbard, no address given, expressed his concern regarding the request for a basketball court and an additional picnic table at Marina Park, near his residence due to the noise. Beth Refakes, 320 Magnolia Street, Costa Mesa, complimented the Parks and Recreation department for their excellent work on this item, stating she;had provided input as a resident of the City. Steven Demars, no address given, expressed his support of the Master Plan and his desire for a skateboard park. MOTION/Approved A motion was made by Council Member Cowan, seconded by Open Space Master Council Member Monahan, and carried 3-1, Council Member Plan of Parks Mansoor voting no, to approve the Open Space Master Plan of Parks and Recreation update as part of the City of Costa Mesa General Plan. NEW BUSINESS The Deputy City Clerk presented a revision to City Council Policy Implement Fairview 500-11, Implementation of the Fairview Park Master Plan. The Park Master Plan Public Services Director reviewed the Agenda Report. MOTION/Approved A motion was made by Council Member Cowan, seconded by Revisions and Policy Mayor Pro Tem Steel, and carried 4-0, to approve the revisions, Update update the policy, and to provide for annual review of the Fairview Park Master Plan by1the Parks and Recreation Commission in lieu of City Council. NEW BUSINESS The Deputy City Clerk presented a public employee appointment Employee Appointment as Acting City Attorney. MOTION/Appointed A motion was made by Council Member Cowan, seconded by Tom Wood Mayor Pro Tem Steel, and carried 4-0, to appoint Tom Wood, Assistant City Attorney, as Acting City Attorney, due to the absence of the current City Attorney due to illness. CITY ATTORNEY A motion was made; by Council Member Monahan, seconded by REPORTS/Request for Council Member Mansoor, and carried 4-0, to conduct a closed Closed Session session at the end of regular business in regards to the following items: Pursuant to Section 54956.9(a) of the California Government Code a closed session be held to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation concerning Neja ,vs. LAFCO and City of Costa Mesa, (Case - No. 02HL06142). Pursuant to Section 54956.9(a) of the California Government Code a closed session be held to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation concerning Curtis vs. City of Costa Mesa, (Case No. 02CC04381). i Pursuant to Section 54956.9(b) of the California Government Code a closed session be held to confer with legal counsel, Tom Wood, Acting City Attorney, regarding anticipated litigation of matters that involve significant exposure to litigation — one (1) case regarding Environmental Protection Agency claim regarding Omega Superfund Site. 1 Ll CITY MANAGER The City Manager informed Council of the discussions being held REPORT/State of in Sacramento regarding the State Budget, and how it will affect California Budget the Counties, Special Districts, and Cities; he advised that he would be preparing an informational report for the Study Session of February 10, 2003. COUNCIL Council Member Cowan requested an update on the progress at COMMENTS Ketchum-Libolt Park, commenting that when she drove by, recently, it looked like that of a storage yard instead of a park. Community Garden She also requested an update of the Community Gardens, as there has not been any activity there in months; that staff provide Skateboard Park a monthly status report of the Skateboard Park to the Parks and Recreation Commission. Council Member Cowan also requested the City Manager contact Mrs. Andreen regarding signage at the commercial building on EI Camino Drive and Mesa Del Mar. Thanked Council Mayor Pro Tem Steel thanked his fellow Council Members, as well and Staff as staff on their support and cooperation at this meeting. He stated to Robert Graham that he supports a study of the 19th 19th Street Bridge Street Bridge, but there is no money to support it. ADJOURNED TO At 11:05 p.m., Mayor Pro Tem Steel adjourned the meeting to a CLOSED SESSION closed session in first floor Conference Room 1A. MEETING The Mayor Pro Tem reconvened the meeting at 11:20 p.m. and RECONVENED announced the following: Regarding existing litigation concerning Neja vs. LAFCO and City of Costa Mesa, (Case No. 021-11-06142), by a vote of 4-0, Council approved the recommendation of Acting City Attorney Tom Wood in his memo of January 15, 2003. Regarding existing litigation concerning Curtis vs. City of Costa Mesa, (Case No. 02CC04381), by a vote of 4-0, Council approved the recommendation of Acting City Attorney Tom Wood in his memo of January 15, 2003. Regarding anticipated litigation of matters that involve significant exposure to litigation — one (1) case regarding Environmental Protection Agency claim regarding Omega Superfund Site, by a vote of 4-0, Council approved the recommendation of Acting City Attorney Tom Wood in his memo of January 15, 2003. ADJOURNMENT Mayor Pro Tem Steel declared the meeting adjourned at 11:25 p.m. ATTEST: Q�")- _� Dep _City Clerk of the City of Costa Mesa City of Costa Mesa a�aa