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HomeMy WebLinkAbout07/21/2003 - City Council252 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 21, 2003 The City Council of the City of Costa Mesa, California, met in regular session July 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 led by Mayor Pro Tem Steel, and the invocation presented by Mayor Monahan. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Member Mike Scheafer Council Members Absent: Officials Present: None City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Administrator Services Director Steve Hayman Transportation Services Manager Peter Naghavi Senior Engineer Fariba Fazeli Legislative and Public Affairs Manager Ann Shultz Deputy City Clerk Julie Folcik 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. PRESENTATION Jim Atkinson, Chairman of the Mesa Consolidated Water District Mesa Consolidated Board, provided a slide presentation, and commented that the Water District Bottled District, in keeping with their mission to satisfy the water needs of Water Program the community, have introduced a program designed to provide high quality bottled water at no charge to nonprofit organizations holding events within the District's service area. He mentioned that several bottles had been given to Council, along with packets of information on the program. PUBLIC COMMENTS Judi Berry, 2064 Meadow View Lane, Costa Mesa, observed that Canyon Park Home- Canyon Park is being frequently used as a campground by the less homeless, and suggested that the Police Department increase their evening patrol efforts. EI Nido Trailer Park Dick Matherly, 1640 Newport Boulevard, Space 22, Costa Mesa, a resident of EI Nido Trailer Park and 26 -year resident in the City, reviewed the relocation situation arising from the upcoming conversion of his park, as well as the Snug Harbor Trailer Park, 1626 Newport Boulevard, .due to the construction of a medical facility. He commented on .'his collection of 1,000 lighthouses. 1 1 :. 253 Charity Walk Valerie Boston, 220 Palmer Street, Costa Mesa, asked about a proposed agenda item regarding a fee waiver and variance for a charity walk on August 24, 2003, 12:00 p.m. to 4:00 p.m., at Fairview Park, to support Leilani Guiterrez, a 5 -year old quadriplegic. Mayor Monahan replied that he had received information on the event and will contact Ms. Boston on Tuesday, July 22, 2003. "Fillmore Slum"/Senior Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Housing reported on a recent incident which occurred on Coolidge Avenue in the "Fillmore Slum" and involved about seven police cars and gang suspects. He described the area as containing functionally obsolete triplexes lined up like military barracks, and felt that the area should be redeveloped into senior citizen housing. He encouraged Council to be proactive in considering the best interests of the majority of residents. Graham Comments Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressed the original plan for the 55 Freeway wherein it terminated in Newport Beach instead of Costa Mesa. He commented that the intersection of 19th Street and Newport Boulevard had been constructed to reflect the extended freeway, and suggested that this should be considered when the issue of 1901 Newport Boulevard is revisited. Mr. Graham thought that the City should grant Costa Mesa automobile dealers considerations when they make requests for advertising such as freeway signs. He thought that eliminating the lower parking lot at Fairview Park had been a form of discrimination, and asked that the issue be readdressed in the future. Code Enforcement Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, Issues observed that there has been improvement on the west side, citing landscaping and pride in home ownership. She complained about the tenants at 1935 Pomona Avenue, noting that she had alerted Code Enforcement about certain issues but they had not responded, and reported that there is an extremely large hole in the yard of 1936 Pomona Avenue which is a safety and a health hazard. Mrs. Gonzalez also noted that vehicles are parked on Pomona Avenue weekly and only relocate when the street is swept. Council Member Mansoor asked if staff could respond to the safety issue, questioning if this is a private property matter. The Development Services Director replied that either a building inspector or Code Enforcement officer will investigate the above- mentioned conditions. CostAmazing Celebra- Beth Refakes, 320 Magnolia Street, Costa Mesa, commended the tion Recreation Division for the City's 50th anniversary CostAmazing celebration at the Orange County Fairgrounds which included an historical video, entertainment, and fireworks. She felt that the Daily Pilot newspaper did not adequately advertise the event which resulted in low attendance. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, concurred that CostAmazing was a spectacular event. Hogan-Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Comments Mesa, reiterated her interest in eliminating the sale of fireworks in the City, suggesting alternative methods for raising funds for youth sports . groups. She thanked the Recreation Division for the Concert in the Park summer series, and Mr. Millard for his comments on senior housing. Ms. Hogan-Shereshevsky listed affordable housing as a major concern, and reported that she had . 254 attended the surplus food give-away at the Newport Christian Center on Fair Drive and Newport Boulevard, mentioning four locations in the City which provide free surplus food. Assembly Bill 496 Bill Orton, 284 Rose Lane, representing State Assemblyman Lou Correa, author of Assembly Bill 496, indicated that he was available to answer questions regarding the legislation when it is discussed under New Business. Costa Mesa Education Doug Sutton, 2739 Canary Drive, Costa Mesa, addressed Council's responsibility for the Costa Mesa school system, stating that the City has a direct roll in providing equal opportunity education for children.. He did not feel that the schools are meeting the City's basic academic educational needs, and encouraged Council to focus on being City leaders and addressing the problems and opportunities within the City. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 4, Resolution authorizing records destruction for the Finance Department. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item No. 4 Member Mansoor, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Bethany Lusk; Kenneth Neal Unger; Cheng Wang; and Edwina Worsham. ABC License Requests Request for Alcoholic Beverage Control (ABC) Licenses were received from: Ostioneria Clemente Mexican Seafood Grill (formerly Mr. Juan's Gringo Grill), 2263 Fairview Road, Suite G, for a person-to- person transfer of an existing Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Harbor Beer and Wine Market, 2330 Harbor Boulevard, for a person-to-person transfer of an existing Type 21 ABC license (off -sale general). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1961, funding Payroll No. 314 for 1961 /Payroll 314 $2,065,026.09, Payroll No. 313A for $101.61, and City operating expenses for $892,140.29, including payroll deductions. Approved Warrant Warrant Resolution 1962, funding City operating expenses for 1962 $653,655.86. ADMINISTRATIVE Resolution 03-47 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 03-47, AUTHORIZING THE APPLICATION FOR GRANT FUNDING Safety Surfacing FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT Installation at Lions BOARD FOR RUBBERIZED SAFETY SURFACING INSTALLA- Park TION AT LIONS PARK, in connection with the 2003-2004 Waste Tire Playground Cover Grant Program. 1 L 1 1 1 1 Catch Basin Insert Program, Project No. 03-15 Approved Budget Adjustment No. 04-003 Rejected Non -Respon- sive Bid from Savala Bids received for Catch Basin Insert Program for 2002/2003, Project No. 03-15, are on file in the City Clerk's office. The following action was taken: Budget Adjustment No. 04-003 was approved for $98,584.00. The non-responsive bid from Savala Construction Company was rejected. Awarded Contract to The contract was awarded to Asbury Environmental Services, Asbury Environmental 2100 North Alameda Street, Compton, for $85,725.00, and the Services Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work for Electrical Upgrades/Modifications on the 3rd Floor Electrical System Upgrades to City Hall at City Hall, Project No. 03-01, were completed to the satisfaction 3rd Floor Electrical of the Public Services Director on May 13, 2003, by Skip's Electric, System, Project No. Inc., 2610 West Orangethorpe Avenue, Fullerton. The work was 03-01, by Skip's accepted; the Deputy City Clerk was authorized to file a Notice of Electric Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond ,was ordered exonerated 12 months thereafter. Records Destruction Item No. 4 on the Consent Calendar was presented: Resolution for Finance Depart- authorizing records destruction for the Finance Department. Doug ment Sutton, 2739 Canary Drive, Costa Mesa, opposed destroying records until a permanent City Attorney is hired. Council Member Mansoor asked what the guidelines are for the destruction of documents, inquiring as to the retention time period. The Acting City Attorney responded that the records for destruction referred to in the resolution comply with State law retention requirements. Mayor Monahan added that the subject documents are dated 1996 and prior. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 03-48, Member Mansoor, and carried 5-0, Resolution 03-48 was adopted: Authorizing Finance A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Records Destruction COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75- 60. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Review of Mobile set for the public hearing to consider a resolution establishing a fee Home Park Relocation for the review of Mobile Home Park Relocation Impact Reports. Impact Reports The Affidavits of Publishing and Mailing are on file in the City Clerk's office. The Development Services Director reviewed the Agenda Report dated July 8, 2003, explaining that the fee charged to the property owners includes the City's direct costs to contract for an independent consultant to provide a relocation impact report, plus ten percent to cover administrative processing by the City. The following Costa Mesa residents supported the fee to contract with an independent consultant for a relocation impact report: Dick Matherly, 1640 Newport Boulevard, Space 22, EI Nido Trailer Park resident, observed that the information provided by the company hired by the EI Nido owners, Pacific Relocators, is inadequate, and the money offered by the owners to compensate for the move is insufficient; Don Hunter, 666 West 19th Street, Apt. 1606; Dorothy Harmer, 1640 Newport Boulevard, Space 61, EI Nido Trailer Park 255 256 resident; Nora O'Malley, 1640, Newport Boulevard, Space 14, EI Nido Trailer Park resident, supported a relocation ordinance, and complained about City Parks personnel who had left tree trimmings adjacent to the trailer park; Fred Williams, 1626 Newport Boulevard, Space 19, Snug Harbor Trailer Park resident; Beth Refakes, 320 Magnolia Street, asked why the subject of an independent study had not occurred earlier; Martin Millard, 2973 Harbor Boulevard, No. 264, suggested removing industrial buildings from the west side and replacing them with a City -run mobile home park for senior citizens; Florence Johnson, 344 Cabrillo Street, asked that each resident be treated as an individual instead of as part of the whole park when discussing relocation issues; and. Sandy Johnson, 344 Cabrillo Street. The Development Services Director replied to the inquiry from Ms. Refakes as to why the independent study had not been conducted earlier by stating that due to the disagreements between the property owner and the applicant, a third party review is required to validate both sides. He responded to Ms. Johnson regarding addressing each resident by pointing out that the proposed procedures will be such that each homeowner's interest must be satisfied according to the law. Jeff Goldfarb, Rutan & Tucker, LLP, 611 Anton Boulevard, 14th Floor, Costa Mesa, representing Brown & Associates, owners of the mobile home parks, supported the hiring of a consultant to perform an independent review. Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, proposed reimbursing the residents for their move from the mobile home parks,, and encouraged the City to assist the residents to move properly'. There being no other speakers, the Mayor closed the public hearing. Council Member Cowan advised that State law is vague on this issue, and the City has not been as diligent as it could have been in terms of identifying 'reasonable relocation costs. MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor Resolution 03-49 Monahan, and carried 5-0, Resolution 03-49 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING A FEE FOR THE REVIEW OF MOBILE HOME PARK RELOCATION IMPACT REPORTS. RECESS The Mayor declared a recess at 7:35 p.m., and reconvened the meeting at 7:40 p.m. CITY ATTORNEY'S The Acting City Attorney presented a report on Mobile Home Park REPORT/Mobile Regulation, and reviewed his report dated July 16, 2003. He Home Park Regulation observed that the ordinance as proposed would have a limited impact on the residents of the EI Nido and Snug Harbor Trailer Parks, and clarified that the City may only rule on the adequacy of the benefits given the residents in the relocation plan. Mayor Monahan thought that the proposed ordinance could actually hinder the persons it should benefit. The Acting City Attorney concurred with the Mayor's analysis, explaining that he pointed this out in the Agenda Report. He clarified that the ordinance would be presented to the Planning Commission prior to 257 receiving first reading. Council Member Cowan observed that Council could be rushing this action which would not be beneficial. The following Costa Mesa residents addressed the proposed park closures: Nora O'Malley, 1640, Newport Boulevard, Space 14, EI Nido Trailer Park resident, questioned the legality of Brown & Associates closure of the parks; Adrienne Watkins, 1626 Newport Boulevard, Space 43, Snug Harbor Trailer Park resident, advised that she has not found a place to relocate; James Quade, 1640 Newport Boulevard, Space 10, EI Nido Trailer Park resident, did not :feel that six months was adequate notice to vacate; Terry Shaw, 420 Bernard Street, commented that the proposed ordinance was equal to the State law; Martin Millard, 2973 Harbor Boulevard, No. 264, asked what the City can do to retain these persons as residents; Fred Williams, 1626 Newport Boulevard, Space 19, Snug Harbor Trailer Park resident, questioned the availability of parks in which to relocate; Doug Sutton, 2739 Canary Drive, asked that the owners be treated fairly, ensuring that they receive enough funds to assure successful relocation; and Sandy Johnson, 344 Cabrillo Street, thought that the ordinance should be strengthened to protect the residents. Jeff Goldfarb, Rutan & Tucker, LLP, 611 Anton Boulevard, 14th Floor, Costa Mesa, representing Brown & Associates, thought that adoption of the ordinance would reduce the amount of time to notify tenants of a park closure, and would not provide the City with additional substantive powers with regard to closure of a mobile home park. He speculated that the ordinance would create an additional process, take additional City time in terms of staff resources to process the application, and cost additional money. Coralee Newman, Government Solutions, 230 Newport Center Drive, Suite 210, Newport Beach, representing Brown & Associates, reported that they have attempted to provide information to the residents through community meetings in January and February, 2003, and formal notice in May 2003, which included a complete final conversion report. She added that City staff held an outreach meeting on July 11, 2003. After discussion regarding questions from Nora O'Malley, Mayor Pro Tem Steel proposed a meeting between Ms. O'Malley, the Acting City Attorney, staff, and residents to discuss this issue. The Acting City Attorney indicated that a meeting had been held with the residents the previous week to explain this complex law which governs their rights as residents when the owner is closing a park. MOTION/Gave On motion by Council Member Cowan, seconded by Mayor Direction to Staff Monahan, and carried 5-0, staff was directed to consider regulation of mobile home park closures as part of the comprehensive revising of the City's ordinance on mobile home park conversion regulations. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 18, Landscaped Medians 2003, Status of Landscaped Medians on 19' Street from Placentia on 19th Street Avenue to Park Avenue: Median layout on 19th Street between Placentia Avenue and Park Avenue. Construct median islands on 19th Street between Placentia Avenue and Meyer Place, in conjunction with the 19th Street Pavement Rehabilitation Project. Construct landscaped parkways on 19th Street from Placentia Avenue to Anaheim Avenue, as part of the 19th Street Pavement Rehabilitation Project. The Public Services Director reviewed the Agenda Report dated July 10, 2003. The Senior Engineer provided a brief overview of the City's plan. Mayor Monahan thanked staff for the proposal which allows proper .access to the commercial property on 19tH Street. Council Member Mansoor asked what type of landscaping will be used and requested a comparison photograph. The Public Services Director replied that the Streetscape and Median Development Standards will be followed using the plants and trees specified, and offered to provide a copy to Council Member Mansoor. Linda Kenski, 201 , Covina Avenue, Suite 7, Long Beach, representing Kent McNaughton, 562 through 590 West 19tH Street, indicated that they .did not want to lose their left turn ingress and egress at Maple Avenue, and asked that the median be shortened and Magnolia trees, which would block the view, not be planted. The Transportation Services Manager responded that Magnolia trees are recommended, and observed that the median will be meaningless if it is too short. Mike Berry, 2064 Meadow View Lane, Costa Mesa, member of the Westside Improvement Association, was surprised that Council would approve the concept without knowing what it will look like. Mayor Monahan advised Mr. Berry that the City has a detailed Streetscape and Median Design Guidelines which is a thorough program resulting from long study. Mr. Berry suggested that this plan should have been offered to the Community Redevelopment Action Committee (CRAC) for review. Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, asked if there is on -street parking on 19th Street. The Transportation Services Manager replied that parking is not being removed as part of this project. Judi Berry, 2064 Meadowview Lane, Costa Mesa, questioned whether crosswalks were included in the plan. The Transportation Services Manager replied that there are crosswalks at the corners where traffic signals are installed, none in mid -block. Robin Leffler, 3025 1 Samoa Place, Costa Mesa, thought that landscaped medians and setbacks added value to a neighborhood. Doug Sutton, 2739 Canary Drive, Costa Mesa, addressing the $560,000.00 for construction of this project, queried what the costs for the design and staff time would be. Mayor Monahan responded that design is approximately ten percent of the construction cost. Mr. Sutton encouraged the City to obtain community support for upcoming projects. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported landscaping the medians on 19th Street. He asked if there are plans to widen 19th Street to six lanes, and the Transportation Services Manager responded in the negative. Council Member Mansoor supported_ the landscaping, agreeing with Mrs. Leffler that it would make 19th Street more upscale and "classy" looking. He thought that it would improve the look of the west side, improving the value of the neighborhood. 1 259 MOTION/Approved A motion was made by Council Member Mansoor, seconded by Landscaped Medians Mayor Pro Tem Steel, and carried 5-0, to approve the median layout, authorizing staff to complete final engineering; as part of the 19th Street Pavement Rehabilitation Program, to approve construction of median islands on 19th Street between Placentia Avenue and Meyer Place, and construction of landscaped parkways on 19th Street from Placentia Avenue to Anaheim Avenue; and to plant lower bushes and shrubs that would not block the signage on the extended median in front of Domenico's Pizza Parlour, 562 West 19th Street. Council Member Scheafer supported the motion, and encouraged the landscaping of additional streets in the City. RECESS The Mayor declared a recess at 9:00 p.m., and reconvened the meeting at 9:15 p.m. OLD BUSINESS The Deputy City Clerk presented a request to discuss the Costa Costa Mesa Job Mesa Job Center. The Administrative Services Director Center summarized the Agenda Report dated July 10, 2003. Council Member Mansoor had requested that this item be placed on the agenda, believing that there are solicitation and loitering problems which need to be addressed. He opposed closing the Job Center, stating that it would cause additional problems, but suggested limiting use to residents of the City. He reported that 37 percent of workers utilizing the Job Center are not Costa Mesa residents, and many residents are turned away each day. Mayor Pro Tem Steel reiterated his request for the total cost of administrating the Job Center over the past 15 years, and asked for information regarding the success rate of the Center. He stated his position that closure would be preferable, and asked why Costa Mesa continues to maintain a Job Center for the cities of Newport Beach and Santa Ana. Doug Sutton, 2739 Canary Drive, Costa Mesa, asked how many Orange County cities have mandatory no loitering for hire ordinances, noting that the Job Center is an attempt to solve the loitering problem. He concurred that the Center should be limited to Costa Mesa residents, and encouraged staff to determine what other cities are doing. Council Member Mansoor replied that there is a "no solicitation" ordinance currently being enforced, adding that he supports stricter enforcement. Wendy Leece, 1804 Capetown Circle, Costa Mesa, a west side resident who drives by the Job Center daily, felt that it is a dehumanizing and demeaning situation. She mentioned that if the Center aids illegal immigrants, the City is a party to their violation of the immigration laws. She proposed that the City "get out of the employment business", directing the money and the time spent on the Job Center to more youth sports fields or the Costa Mesa Senior Center. Judi Berry, 2064 Meadow View Lane, Costa Mesa, supported limiting the Center to Costa Mesa residents, commenting that the workers would also be paid at a better rate. Debbie Koken, 1778 Kenwood Place, Costa Mesa, member of the Lions Park Association, feared that limitations being placed on the Job Center would encourage persons not permitted to go there for work to loiter in Lions Park, making it unusable for recreational purposes. Mike Berry, 2064 Meadow View Lane, Costa Mesa, member of the Westside Improvement Association, supported limiting the Center to Costa Mesa residents. He observed that the solicitation law requires a great deal of money to enforce, and the City has not posted the problem areas. Mr. Berry felt that the program would only work if staff were, able to check residency information. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, observed that the Job Center has increased tenfold since its inception, and the City still has loitering problems at the 7 -Eleven store on Placentia Avenue. She thought that Newport Beach residents should be required to pay the City for use of the Job Center. Walt Hollowell, 1798' Kenwood Place, Costa Mesa, supports the Job Center in its current, unrestricted form. He was concerned that limiting its access to Costa Mesa residents will encourage employers and job seekers to congregate other locations, and will result in renewed enforcement responsibilities for the Police Department. He asked Council not to remove incentives which encourage employers and job seekers to respect the procedures imposed by the City, and which have made the Center a success. Bill Turpit, 1772 Kenwood Place, Costa Mesa, agreed that the Job Center has been a! successful and economical solution to a problem, witnessed every morning pre -1988, which included 58 or more job seekers loitering in Lions Park, Smart & Final on 19th Street, and other locations throughout the City. He reported that residents and business owners are concerned that by limiting the use to only residents, the number of persons who actually use the Center will be reduced, and loitering will increase. Mr. Turpit encouraged the , City to consider "partnering" with other organizations who would be interested in providing additional resources to expand the effectiveness of the Center. Martin Millard, 2973 ' Harbor Boulevard, No. 264, Costa Mesa, supported limiting use of the Job Center, both to employees and employers, to Costa, Mesa residents. He showed photographs taken west of the Job Center on 17th Street showing a number of dayworkers attempting to solicit employment from the street, pointing out that it is' a violation of Costa Mesa Municipal Code Section 10-354.1. He cited other locations for solicitation as Baker and Bristol Streets, the 7 -Eleven store at Victoria Street and Placentia Avenue, and the U -Haul on Newport Boulevard. Robin Leffler, 3025 Samoa Place, Costa Mesa, addressed Page 5 of the Agenda Report, Paragraph 3, which indicated that staff felt that charging employers would encourage contractors and others to hire individuals from the street corners and parks. She supported the Job Center, suggesting that the hiring of day laborers elsewhere be discouraged. Mrs. Leffler believed that the Job Center should charge a fee from the employer, Costa Mesa day workers should be given preference, and the fee for non- residents should be raised or the Center should be limited to residents only. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that hiring help through the Job Center is safer than hiring persons off the street because there is a "paper trail'. He proposed promoting the Job Center which may reduce the problem of day workers soliciting from the streets. Rich Bullock, 1030 Cannonade Circle, Costa Mesa, thought that the City is receiving an economic benefit from the Job Center which is providing a stable economic foundation, helping to reduce crime and to feed families. Council Member Mansoor commented that if the resident only restriction is approved, the number of persons hired at the Job Center would remain the same so there would not be a loss of revenue, and tax dollars would remain in the City. MOTION/To Restrict A motion was made by Council Member Mansoor, seconded by Day Workers Failed Mayor Monahan, to continue to operate the Costa Mesa Job to Carry Center, exclude non-resident day workers, direct staff to require each day worker to show appropriate identification in addition to the currently required registration card, clarify the registration policy, specifically addressing Costa Mesa residents only, re -verify identification of current Job Center users so that non -Costa Mesa residents are not grandfathered in, and institute a zero tolerance policy for workers who loan their documentation to another individual. Mayor Pro Tem Steel opposed the motion, stating that workers from other cities will move to Costa Mesa to establish residency, and suggesting that there be a requirement that residency should be prior to July 1, 2003. He concurred with a previous speaker'that the employers should also be limited to Costa Mesa residents, and asked the maker of the motion to add that stipulation. Council Member Mansoor declined the addition because he felt that the original motion would address many existing problems, and that limiting the employers to Costa Mesa residents would severely impact the number of employment opportunities. Council Member Cowan opposed the motion, believing that limiting the dayworkers to Costa Mesa residents would not be an improvement. She observed that the Job Center offers workers a sense of dignity that standing on a street corner does not. Mayor Monahan thought that the motion would be a step in the right direction. Council Member Scheafer opposed the motion, concurring with Council Member Cowan, and objected to the zero tolerance policy. The motion failed to carry 3-2, Mayor Pro Tem Steel, Council Member Cowan, and Council Member Scheafer voting no. NEW BUSINESS The Deputy City Clerk presented a request for waiver of fees for Waiver of Fees for the use of athletic fields to the Costa Mesa Youth Soccer Costa Mesa Youth Association under the provision of the Field/Facility Use and Soccer Association Allocation Policy as recommended by the Parks and Recreation Commission. The Administrative Services Director summarized the Agenda Report dated July 10, 2003, and responded to questions from Council. MOTION/Approved A motion was made by Council Member Cowan, seconded by Waiver Mayor Pro Tem Steel, and carried 5-0, to approve the waiver of fees. NEW BUSINESS The Deputy City Clerk presented the Santa Ana River Crossing Santa Ana River Study. Crossing Study :._. 262 Reiterate and convey the City's opposition to the design and construction of the :proposed bridges at Gisler Avenue and at 19th Street. Mitigation measures identified in the SARX EIR required for the "No Bridges Alternative". Request the Orange County Transportation Authority (OCTA) Board of Directors to certify the SARX Environmental Impact Report (EIR). Develop a program to implement the mitigation measures for the "no bridges alternative, in cooperation with OCTA and participating jurisdictions. Retain the Gisler Avenue and 19th Street bridges on the OCTA's Master Plan of Arterial Highways (MPAH) at this time. Request that the participating jurisdictions not assume that the two bridges will be built when considering long-term planning studies, developments, and land use assumptions. Request OCTA that, upon completion of all feasible mitigations for the "No Bridges" Alternative, a follow-up study be conducted to reconfirm the deletion of the bridges from the circulation system, and to take action to delete the bridges from the MPAH at that time. Authorize staff to transmit City Council's final recommendation to OCTA and other affected jurisdictions. The Transportation Services Manager reviewed the Agenda Report dated July 8, 2003. Mayor Monahan reported that he had attended the OCTA meeting, provided a brief report from that meeting, and announced that a decision had been delayed until July 28, 2003. He reiterated the City's stated position to delete the proposed bridges at Gisler and 19th Streets from the County's Master Plan of Arterial Highways. The City Manager :clarified that the City of Costa Mesa has been the "moving party" by funding and promoting this effort, and therefore it was essential to bring a rational, well thought-out plan to OCTA. He indicated that OCTA has made it clear that they will not arbitrate among the cities nor will they approve any plan that shifts traffic from one city onto another. Doug Sutton, 2739 Canary Drive, Costa Mesa, asked Council if their intent was to remove the bridges from the Master Plan, and about the 10 -year and 20 -year plans for Adams Avenue. Mayor Monahan replied that the mitigation measures are addressed in the Agenda Report, Attachment 5. The Transportation Services Manager added that the environmental impact report is clear and precise in the calculation of where the impacts will be, and the study shows no impact on Adams Avenue as a result of removal of the bridges from the Master Plan. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, member of the Santa Ana River 'Crossings Committee, clarified that the Committee is committed to deleting the bridges only if there is no, impact on other streets in the City. He complimented the Transportation Services Manager for his cooperation, and supported approving' the staff recommendations, calling them "proactive". Mr. Pizarek reported that many persons have opposed the bridges in the past 12 years, applauded Council's endeavors on 19th Street, and agreed that it is important to find the "middle ground". Terry Shaw, 420 Bernard Street, Costa Mesa, commented that he is still being educated on the bridge issue, but felt that they should not be completely ruled out. Robin Leffler, 3025 Samoa Place, Costa Mesa, reported that she had attended a Fountain Valley Council meeting where their Mayor indicated that the City of Costa Mesa had used the Gisler Bridge in a traffic analysis for the Home.Ranch project. She subsequently forwarded to him information from the final environmental impact report which included bridge deletion, and read the Mayor's response to this information. She also read General Plan Policies 195 and 196. Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressed the benefits to be derived from the expansion of West 19th Street, stating that is it not only a traffic issue. Mayor Monahan commented that he felt that the benefits did not outweigh the negatives. Mr. Graham showed a diagram which included the bridge and made a brief presentation. He opined that deleting the bridges will redirect the traffic to other streets. The Transportation Services Manager replied to statements made by Mr. Graham. Mayor Pro Tem Steel informed Mr. Graham that Council did not direct the Transportation Services Manager to find specific conclusions regarding the bridge study as Mr. Graham has alleged. He added that he would like to see a study which indicated that East 19th Street residents support building of the bridge. Jim Jones, 2004 Calvert Avenue, Costa Mesa, thought that there is a traffic problem on Adams Avenue since Huntington Beach is not close to being "built out". He addressed public safety, notably on Adams Avenue, indicating that two bridges are just not sufficient, asking how long it will be before houses must be removed for street widening. Beth Refakes, 320 Magnolia Street, Costa Mesa, reported that residents she had spoken to who live near West 19th Street were opposed to the extension. She did not believe that a bridge would bring new business to the City. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Staff Recommenda- Monahan, and carried 5-0, the following action was taken: tions The City's opposition to the design and construction of the proposed bridges was confirmed. The mitigation measures identified in the SARX EIR were adopted. Certification of the SARX EIR was approved. Development of a program to implement the mitigation measures for the "no bridges" alternative was approved. Retention of the Gisler Avenue and 19th Street bridges on the MPAH at this time was approved. The request for a'; follow-up study to reconfirm the deletion of the bridges from the circulation system and to take action to delete the bridges from the MPAH at that time was approved. Staff was authorized to transmit Council's final recommendation to OCTA and other affected jurisdictions. Council Member Mansoor supported the motion but concurred with Mr. Graham regarding the need for an economic study of the bridges. Council Member Cowan remarked that Council has confirmed the action of previous Councils by moving forward with deletion of the bridges. She felt that this will show that the bridges are not needed for traffic issues, and will move the City 'along in terms of planning and land use assumptions. Mayor Pro Tem Steel admired Mr. Graham's consistency even though disagreeing with his intentions. He did not believe that the residents wanted the 19th Street bridge, and suggested looking at a valid study which had not been funded by the City, or placing the issue on the ballot. NEW BUSINESS The Deputy City Clerk presented a request to determine whether to Assembly Bill 496, support or oppose Assembly Bill 496, authored by Assemblyman Santa Ana River Lou Correa, establishing the Santa Ana River Conservancy. Conservancy Communications in support of the legislation were received from Sandy Marshall, 925 Valencia Mesa, Fullerton; Terry Welsh, 931 Darrel Street, Costa Mesa; Sandra Genis, 1586 Myrtlewood Street, Costa Mesa; and Ananya Mullane (via e-mail). The Legislative and Public Affairs Manager reviewed the Agenda Report dated July 2, 2003. Council Member Mansoor expressed concern that the City will lose local control, general fund monies will be used, the decisions will be made elsewhere, ,the grant funds will have "strings" attached, and took exception to a number of items within the bill itself. He added that several cities and agencies are opposed to this bill including the Orange County Board of Supervisors, Orange County Tax Payers Association, OCTA, and the Water District. Bill Orton, 284 Rose !Lane, representing State Assemblyman Lou Correa, replied to a question from Mayor Pro Tem Steel by stating that the Orange County Board of Supervisors voted 3 to 2 to oppose the bill, with; Supervisor Jim Silva citing that the bill is vague as his reason for opposition. Mr. Orton responded to questions from Council, pointing out that the bill is not intended to "step on the toes of local government". Council Member Cowan thought that there is a great benefit to the bill, and that the relationship of Fairview Park, the Orange Coast River Park, and other parks along the mouth of the Santa Ana River would benefit from this relationship with the State. Rich Bullock, 1030 Cannonade Circle, Costa Mesa, believed that Costa Mesa has taken the lead in environmental development along the Santa Ana, River, and proposed creating a habitat to keep wildlife in the area. He suggested cooperating and providing a "united effort". Eleanor Egan, 1893 Parkview Circle, Costa Mesa, spoke on behalf of her husband, Tom, a member of the Orange Coast River Parks Committee of Friends of Harbors, Beaches, and Parks, whose purpose is to put together parcels, leaving those parcels in the hands of the private ' and public owners, but combining them in concept to make a 1,000 -acre ecological staircase for the benefit of the public as well as the local ecology. She supported AB 496 which would assist with funding without losing control over the land. Jim Jones, 2004 Calvert Avenue, Costa Mesa, reported that the City had purchased Fairview Park from the County because the County's plans were inconsistent with the City's plans, and implied that the City should "get their money back" if they support AB 496. He addressed mitigation funds for the Talbert preserve which needs to be protected. He suggested dredging the Santa Ana River; the barrier along the Greenville -Banning channel should be cleaned up; and since the State is bankrupt, the City should turn down funding. A member of the Wild Land Conservancy, a nonprofit organization, reported that they have spent years and many dollars on the Santa Ana Trail system. She announced that their Board of Directors had approved funding to do a Master Plan for a Santa Ana River greenway. Beth Refakes, 320 Magnolia Street, Costa Mesa, remarked that she did not want to lose control over Fairview Park and the vision that the majority of the residents have for the park. A Newport Beach resident, chairman of the Orange Coast River Park Steering Committee, supported the bill which she indicated will help fund the management and restoration of areas in the Orange Coast River Park. She reported that the park will be located in Costa Mesa, Huntington Beach, Newport Beach, and a portion of the County. Bill Orton, 284 Rose Lane, representing State Assemblyman Lou Correa, stated that they are attempting to make this conservancy different from others, more conservative, including a keen awareness of what "local control" means. He indicated that all meetings of the conservancy board will be held "within the watershed", and suggested that specific language relating to the 12 -year bridge plan approved this evening be forwarded to Assemblyman Correa, providing whatever language needed to ensure that the conservancy does not impinge upon the City's needs. He provided an update on the status of the bill, advising that it had passed in the State Assembly by a 52 to 24 vote, and will now be considered by the Senate. Council Member Mansoor commented that even though the meeting location will be in the conservancy area, that entails a drive to Riverside or San Bernardino to provide public input. He alluded to a speaker who mentioned that Costa Mesa is one of the few places that actually has greenery, which he concluded shows how proactive the Council is in keeping the area in proper order with local control. He opposed the bill unless it contains clear language which shows that the City does not lose local control. Council Member Mansoor encouraged everyone to read the bill. MOTION/To Not Take A motion was made by Mayor Monahan to not take a position on a Position Died AB 496. The motion died for lack of a second. MOTION/To Oppose A motion was made by Council Member Mansoor, seconded by Failed to Carry Mayor Monahan, to oppose AB 496. Council Member Cowan thought shortsighted, observing that the City an effort which is far larger than relationship between three counties. establishing the funding mechanism what "runs right through our City". that opposing AB 496 is has the opportunity to join in ourselves and involves a She visualized the bill as which will allow protection of The motion failed 'to carry 3-2, Mayor Pro Tem Steel, Council Member Cowan, and Council Member Scheafer, voting no. MOTION/Support A motion was madei by Council Member Cowan, seconded by AB 496 Mayor Pro Tem Steel, and carried 3-2, Mayor Monahan and Council Member Mans oor voting no, to support AB 496. NEW BUSINESS The Deputy City Clerk presented Design and Construction of Newport Boulevard Landscape and Bicycle Trail Improvements on the West Side of Frontage Road the Southbound Newport Boulevard Frontage Road between Improvements Arlington Drive and Fair Drive adjacent to the Orange County Fairgrounds: Approve Alternative A, B, or C in Attachments 1, 2, and 3, respectively as the; preferred alternative. Award contract to Boyle Engineering Corporation, 1501 Quail Street, Newport Beach, in an amount not to exceed $80,000.00. Agreement with the 32nd District Agricultural Association (Orange County Fairgrounds), 88 Fair Drive, Costa Mesa, to reconstruct the bicycle trail along the southbound Newport Boulevard frontage road between Arlington Drive and Fair Drive, adjacent to! the Orange County Fairgrounds (a Bicycle Transportation Account grant from the State of California Department of Transportation for $207,090.00 will be used to replace the existing asphalt trail with a new concrete trail, and to implement landscape improvements). The Public Services Director reviewed the Agenda Report dated July 10, 2003. Rich Bullock, 1030 Cannonade the Orange County Fairgrounds events in the middle of the Boulevard frontage road, ani occurrences as part of this lay( the signs. Circle, Costa Mesa, reported that places signs advertising upcoming bicycle lane along the Newport suggested planning for these Lit, establishing concrete paths for Terry Shaw, 420 Bernard- Street, Costa Mesa, questioned if the expenditure of tax dollars was wise at this time, considering all the budget constraints. MOTION/To Approve A motion was made; by Council Member Cowan, seconded by Alternative B, Attach- Council Member Mansoor, to approve Alternative B in Attachment ment 2 2, approving the staff recommendations for Items 2 and 3. SUBSTITUTE A substitute motion :was made by Council Member Mansoor, MOTION/Approved seconded by Mayor Pro Tem Steel, and carried 3-2, Mayor Alternative A; Monahan and Council Member Scheafer voting no, to approve Awarded contract to Alternative A, to include the option to install fence climbing vines, Boyle Engineering; to award the contract to Boyle Engineering Corporation for Approved Agreement $80,000.00, authorizing the Mayor and Deputy City Clerk to sign with Orange County on behalf of the City,'and to approve the agreement with the 32nd Fairgrounds District Agricultural Association (Orange County Fairgrounds), L, 1 I�� 1 1 authorizing the Mayor and Deputy City Clerk to sign on behalf of the City, authorizing the Acting City Attorney to adjust the contract with the appropriate alternative. Council Member Scheafer liked Alternative C because of the ten - foot width of the bicycle trail. The Public Services Director replied that the normal standards are a minimum eight -foot wide sidewalk and two feet of clear space on either side, and as the trail in Alternative C is adjacent to the curb, the additional two feet complies with CALTRANS standards. Council Member Mansoor informed Mayor Pro Tem Steel that he preferred Alternative A over C as a matter of safety, stating that he thinks bicycles should be as far away from cars as possible. NEW BUSINESS The Acting City Attorney announced that pursuant to Section CMCEA Negotiations 54957.6 of the California Government Code a closed session has been scheduled for the City Council to confer with the City's Representative regarding labor negotiations with the representatives of Costa Mesa City Employees Association (CMCEA). The City's negotiator is the Director of Administrative Services, Steve Hayman. Mayor Monahan announced that closed session would be held at the conclusion of regular business. MOTION/Continued A motion was made by Council Member Scheafer, seconded by Commercial Recrea- Council Member Cowan, and carried 5-0, to continue New tion Zone Business No: 6, Commercial Recreation Zone. ADJOURNMENT At 12:10 a.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room A to discuss the item SESSION previously announced by the Acting City Attorney. MEETING The meeting was reconvened at 1:05 a.m., and it was then RECONVENED announced that no action was taken during closed session in regards to the CMCEA labor negotiations. ADJOURNMENT The Mayor declared the meeting adjourned at 1:10 a �T ATTEST: QL-) �k� DepAy City. -Clerk of -the City of Costa Mesa Costa Mesa