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HomeMy WebLinkAbout09/02/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 2, 2003 The City Council of the City of Costa Mesa, California, met in regular session September 2, 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 Council Member Scheafer, and invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian. 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 Administrative Services Director Steve Hayman Risk Manager Karen Adams Planning and Redevelopment Manager Mike Robinson Senior Planner Kim Brandt Deputy City Clerk Julie Folcik ORDINANCES AND A motion was made by Mayor Pro Tem Steel, seconded by Council RESOLUTIONS Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan recognized the Costa Mesa National Little League Costa Mesa National All Star players and the -American-,Little League All Star players for and American Little their participation .in -.-the 20 -1 -Mayor's Cup Tournament. He League All Star presented certificates.<of_ appreciation to American League team Teams members Dylon Gravelle; ' Chris- - Gute, and Mike Molina, and congratulated those whc=lv`ore -note in _attendance Ryan Boulger, Jesse Dawson, Kevin-=i=rt FManr Jake -.Johnston, Mike Kelly, Ben Lounsbury, . Aust:n -Quos, .CK`ris -.Robinson, Josh Werdel, and Roland Wood. Mayor_ -.Monahan presented certificates of appreciation to National League champion team members Weston Barloon, Frank Deoewer, Cody Green, Alex Grosek, Ryan Knapp, Troy McClanahan, Gavin Montague, Danny O'Neil, Nick Oliver, Nick Pederson, Josh Ryding and Taylor West. PRESENTATION Mayor Monahan congratulated Amy Kuchta, Administrative Employee of the Month Services Department, on being named Employee of the Month for September, 2003, recognizing her hard work, attention to detail and dedication to the administration of CostaMazing and other recreation events which provide residents and businesses with constructive and successful programs designed to promote community and family. 1 1 1 ANNOUNCEMENT Mayor Monahan announced that due to pending litigation with Rutter Development regarding 1901 Newport Boulevard, no action will be taken this evening on Public Hearing No. 1, a joint meeting of the City Council and the Redevelopment Agency to consider the residential condominium project. PUBLIC COMMENTS Council and Staff Recognition Dan Goldmann, 2324 College Drive, Costa Mesa, reported that the population in Costa Mesa had increased 25 percent from 1980 to 2001, and asked if there has been a proportionate increase in parkland. He felt that recreational areas have been overshadowed by development, noting that 50 percent of residents live in multiple housing units. He proposed creating a park in the Mesa Verde Shopping Center, and asked the City to conduct a study of the parkland issue. Mayor Monahan replied that Mr. Goldmann will receive a written reply to his inquiries in accordance with a new City policy, and observed that one of Council's goals is to aggressively pursue additional parkland, however the City is 98 percent built out. Dick Matherly, 1640 Newport Boulevard, Space 22, Costa Mesa, EI Nido Trailer Park, complained that residents of EI Nido have been harassed and under stress since the announced closure of the park. He commented on the adverse effects of correspondence forwarded by Brown & Associates, owners of the park, which accuses the residents of various infractions. Judy Berry, 2064 Meadow View Lane, Costa Mesa, thanked City Council and staff for their hard work on all issues. Westside Toxic Waste Janice Davidson, 1982 Arnold Avenue, Costa Mesa, in reference to the previous comments regarding Costa Mesa parkland, stated that, other than Lions Park, parkland does not exist on the west side of Costa Mesa.. She addressed the toxic waste in her area which she contends is prevalent, and invited Council to observe the situation first hand. Long Beach Air Mike Berry, 2064 Meadow View Land, Costa Mesa, member of the Traffic Westside Improvement Association, reported a significant increase in aircraft noise over the last year, indicating that the aircraft were destined for Long Beach Airport. He provided a map of the Long Beach Airport noise suppression area, and pointed out that there is not a single sound -sensing device in Costa Mesa. Mr. Berry reported that Jet Blue, which operates from Long Beach, intends to increase the number of daily flights, and asked Council to contact Long Beach members of the League of California Cities in order to address this situation. Responding to a question from Council Member Mansoor, the City Manager explained that the sound sensors shown on Mr. Berry's map are those funded and installed by John -Wayne Airport (JWA) and monitor sound of aircraft taking off from JWA. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, disapproved of recent Council actions which disbursed funds he felt are being misspent. He suggested directing monies to the creation of senior housing instead of spending on irrelevant items such as $80,000.00 for growing "organic carrots" (the recently approved Community Garden), $40,000.00 for a shopping cart retrieval service, and $130,000.00 to the Costa Mesa Job Center. Mr. Millard said that he had forwarded a letter regarding a potentially dangerous situation on Costa Mesa school campuses, and not one Council Member responded. - Parkland versus Development EI Nido Trailer Park Closure Council and Staff Recognition Dan Goldmann, 2324 College Drive, Costa Mesa, reported that the population in Costa Mesa had increased 25 percent from 1980 to 2001, and asked if there has been a proportionate increase in parkland. He felt that recreational areas have been overshadowed by development, noting that 50 percent of residents live in multiple housing units. He proposed creating a park in the Mesa Verde Shopping Center, and asked the City to conduct a study of the parkland issue. Mayor Monahan replied that Mr. Goldmann will receive a written reply to his inquiries in accordance with a new City policy, and observed that one of Council's goals is to aggressively pursue additional parkland, however the City is 98 percent built out. Dick Matherly, 1640 Newport Boulevard, Space 22, Costa Mesa, EI Nido Trailer Park, complained that residents of EI Nido have been harassed and under stress since the announced closure of the park. He commented on the adverse effects of correspondence forwarded by Brown & Associates, owners of the park, which accuses the residents of various infractions. Judy Berry, 2064 Meadow View Lane, Costa Mesa, thanked City Council and staff for their hard work on all issues. Westside Toxic Waste Janice Davidson, 1982 Arnold Avenue, Costa Mesa, in reference to the previous comments regarding Costa Mesa parkland, stated that, other than Lions Park, parkland does not exist on the west side of Costa Mesa.. She addressed the toxic waste in her area which she contends is prevalent, and invited Council to observe the situation first hand. Long Beach Air Mike Berry, 2064 Meadow View Land, Costa Mesa, member of the Traffic Westside Improvement Association, reported a significant increase in aircraft noise over the last year, indicating that the aircraft were destined for Long Beach Airport. He provided a map of the Long Beach Airport noise suppression area, and pointed out that there is not a single sound -sensing device in Costa Mesa. Mr. Berry reported that Jet Blue, which operates from Long Beach, intends to increase the number of daily flights, and asked Council to contact Long Beach members of the League of California Cities in order to address this situation. Responding to a question from Council Member Mansoor, the City Manager explained that the sound sensors shown on Mr. Berry's map are those funded and installed by John -Wayne Airport (JWA) and monitor sound of aircraft taking off from JWA. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, disapproved of recent Council actions which disbursed funds he felt are being misspent. He suggested directing monies to the creation of senior housing instead of spending on irrelevant items such as $80,000.00 for growing "organic carrots" (the recently approved Community Garden), $40,000.00 for a shopping cart retrieval service, and $130,000.00 to the Costa Mesa Job Center. Mr. Millard said that he had forwarded a letter regarding a potentially dangerous situation on Costa Mesa school campuses, and not one Council Member responded. - Prince of Peace Ficus Gordon Pate, 2973 Ceylon Drive, Costa Mesa, indicated that he Trees and his neighbors delivered to the City a response to the City Attorney's memorandum concerning the Prince of Peace School Ficus trees. He stated that the photographs included in the response illustrated the visible damage to sidewalks adjacent to the trees on Baker Street and Mesa Verde Drive East, and asked that no further time elapse in the removal of the illegally planted trees. Mobile Home Park Irene Shannon, 1640 .Newport Boulevard, Space 17, Costa Mesa, Closure EI _Nido Trailer Park, stated that she had written a letter to a statewide monthly magazine for mobile home owners requesting input regarding past closures of trailer parks similar to EI Nido. She reported that City Council received an award in the August, 2003, issue of that magazine for their recent handling of the mobile home park issue. Mayor Monahan asked that Ms. Shannon provide a copy of that magazine. Hogan-Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Comments Mesa, referring to the closure of the EI Nido and Snug Harbor Trailer Parks by a "greedy owner", observed that medical buildings will be constructed on the property although Costa Mesa does not have a "real" hospital. She asked when 19th Street and Pomona Avenue will be repaved, citing the large potholes. Ms. Hogan- Shereshevsky complained about the illegal 4th of July fireworks, and reiterated her request that non-profit organizations find another means of raising funds. 1901 Newport Boule- Tamar Goldmann, 2324 College Drive, Costa Mesa, thanked vard Project Council for granting the 1901 Newport Boulevard rehearing, and regarding the lawsuit, urged Council to vigorously defend the right of the public to be heard. She stated that she greatly respected the time and attention that Council directs towards the work at hand. Terry Shaw, 420 Bernard Street, Costa Mesa, objected to the height of the proposed 1901 Newport Boulevard project and did not believe that it would be the panacea promised. Humphrey Comments Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, thanked the City for responding to his concern regarding long-term street damage caused by large trucks; suggested eliminating fireworks in the City; referring to the blue paint on the IKEA building, asked that the City ensure that the amount of blue meets with the conditions of approval; and encouraged the City to actively support seniors. Traffic Concerns; Beth Refakes, 320 Magnolia Street, Costa Mesa, reported major Fireworks "red light running" on Newport Boulevard, specifically Broadway and 19th Streets. She proposed installing left -turn signals at Broadway for the turn 'onto southbound Newport Boulevard and at the exit to Triangle Square, and encouraged increased enforcement and the installation of red light cameras. She asked how much the taxpayers pay to clean up 4th of July fireworks debris. Ms. Refakes addressed transportation improvements affecting Costa Mesa, specifically the proposed bridges, the Centerline Project, and the extension of the 57 freeway, expressing concern that the City is being "sliced" up, and urged Council to take a position, especially on the extension of the freeway. The City Manager confirmed for Mayor Monahan that the City's position has been to support the extension of the 57 freeway only if it stays north of the 405 freeway. Harbor Shopping Katharine Bequette, 2349 College Drive, Costa Mesa, provided an Center update of the activity at the Harbor Shopping Center which is adjacent to her home, complaining of loud noises in the delivery area at 11:15 p.m. on Friday, August 29, 2003. She indicated that the Police had attributed the noise to the discovery of a hazardous chemical spill, and noted that this is one of the reasons that the neighbors had originally objected to the location of the Home Depot next to a residential area. TeWinkle Field Tim Cromwell, 2029 Swan Drive, Costa Mesa, disapproved of the Management manner in which the City is managing the baseball fields at TeWinkle School, complaining that the teams are restricted in using the fields based on a vague and unrealistic schedule. He provided specific examples, stressing that the fields are not being used nor maintained properly. Mayor Monahan asked the City Manager to forward a copy of the response to the Parks and Recreation Commission. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Resolution levying a tax upon property within the City of Costa Mesa to meet the City's obligation under the 1974 Open Space Bond Issue for fiscal year 2003-2004; Item No. 7, Request for a 90 -day extension of City Attorney Jerry Scheer's leave of absence without pay; and Item No. 10, Resolution authorizing the execution and delivery of documents for refinancing the Costa Mesa Public Financing Authority 1993 Lease Revenue Refunding Bonds. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item Nos. 5, Tem Steel, and carried 5-0, the remaining Consent Calendar items 7, and 10 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Joseph Demetrius Christopher; Thomas Edwin McRayin; and Forrest Werner and Lal Punwaney. Follow-up Reports The following resident complaints received follow-up reports from from Staff staff: Sandy Genis, 1586 Myrtlewood Street, Costa Mesa, was concerned about the operation of the pedestrian crossing signal timing at several intersections, particularly Harbor Boulevard and Baker Street. Gordon Pate, 2973 Ceylon Drive, Costa Mesa, complained that the Prince of Peace Church Ficus trees at Baker Street and Mesa Verde Drive East have not been removed. Stan Bartram objected to the construction maintenance at his apartment complex, 2621-G Harbor Boulevard, which resulted in dirt and roofing debris which affect the quality of air and his family's living conditions. Tiny Hyder, 2156 Myran Drive, Costa Mesa, expressed concern over new development which is proposed for her street and the possibility of trees being removed. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1967, funding Payroll No. 317 for 1967/Payroll 317 and $2,008,589.54, Payroll No. 316A for $323.80, and City 316A operating expenses for $655,801.44, including payroll deductions. Approved Warrant Warrant Resolution 1968, funding City operating expenses for 1968 $719,313.87. ADMINISTRATIVE Amendment No. 7 was approved to Orange County Transportation ACTION/Approved Authority Master Funding Agreement C-95-968, deleting prior Amendment to OCTA Exhibit A in its entirety and substituting a revised "Combined Agreement C-95-968 Transportation Funding Programs Allocations" list dated July 25, 2003, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Material Bin Covers for The following action was taken in connection with Construction of Corp Yard, Project No. Material Bin Covers at the City of. Costa Mesa Corporation Yard, 03-16 2310 Placentia Avenue, Project No. 03-16: Awarded Contract to The contract was awarded to Key Construction, 10891 Key Construction Magnolia Avenue, Suite 5, Anaheim, for $73,000.00 (base bid plus both additive bid items), and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Adjustment No. 04-006 Budget Adjustment No. 04-006 for $85,000.00 was approved. Adopted Resolution Resolution 03-52 was adopted: A RESOLUTION OF THE CITY 03-52, Authorizing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Lease with Municipal AUTHORIZING REFINANCING OF AN EXISTING LEASE, THE Finance Corporation EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE (BETWEEN THE CITY AND MUNICIPAL FINANCE CORPORATION) AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH. Adopted Resolution Resolution 03-53 was adopted: A RESOLUTION OF THE CITY 03-53, Approving COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Issuance by Redeve- APPROVING THE ISSUANCE BY THE REDEVELOPMENT lopment Agency of AGENCY OF THE CITY OF COSTA MESA OF ITS DOWNTOWN Tax Allocation Refund- REDEVELOPMENT PROJECT 2003 TAX ALLOCATION ing Bonds REFUNDING BONDS, AND MAKING CERTAIN DETERMINA- TIONS RELATING THERETO, in principal amount not to exceed $8,000,000.00, for the purpose of refinancing the Redevelopment Agency's 1993 Tax Allocation Refunding Bonds. 1974 Open Space Item No. 5 on the Consent Calendar was presented: Resolution Bond Issue levying a tax upon property within the City of Costa Mesa to meet the City's obligation under the 1974 Open Space Bond Issue for fiscal year 2003-2004. Judi Berry, 2064 Meadow View Lane, Costa Mesa, asked why Council may vote on a tax rate increase for the bond but may not vote on a tax increase for business license fees without a public . hearing. The Acting City Attorney replied that the bonds had been previously approved and this action merely reassesses the annual amount. Robert Graham, 3260 Dakota Avenue, Costa Mesa, labeled the listing of several Consent Calendar items as "vague". Mayor Monahan responded that the agenda presents a quick overview of the item, and agenda reports are available if further information is desired. Adopted Resolution On motion by Council Member Cowan, seconded by Council 03-54, Setting Tax Member Mansoor, and carried 5-0, Resolution 03-54 was adopted: Rate and Levying A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Property Tax COSTA MESA, CALIFORNIA, SETTING THE TAX RATE PER 1 1 1 "- - 307 CENTUM AND LEVYING A TAX UPON ALL PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 2003-2004. Request from Scheer Item No. 7 on the Consent Calendar was presented: Request for a for Extension of Leave 90 -day extension of City Attorney Jerry Scheer's leave of absence of Absence without pay, through November 16,- 2003. Robert Graham, 3260 Dakota Avenue, Costa Mesa, was concerned about the "secrecy" involved with this paid leave. Mayor Monahan replied that the requested extension is without pay, as noted on the agenda. MOTION/Approved On motion . by Council Member Cowan, seconded by Mayor Pro Tem Steel, and carried 5-0, the request was approved. Public Financing Item 10 on the Consent Calendar was presented: Resolution Authority Bonds authorizing the execution and delivery of documents for refinancing the Costa Mesa Public Financing Authority 1993 Lease Revenue Refunding Bonds. Mayor Monahan, in accordance with a request from the Finance Director, asked that a separate vote be taken on this item. Adopted Resolution On motion by Council Member Cowan, seconded by Mayor Pro 03-55, Authorizing Tem Steel, and carried 5-0, Resolution 03-55 was adopted: A Refinancing of the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Costa Mesa Public MESA, CALIFORNIA, AUTHORIZING THE EXECUTION AND Financing Authority DELIVERY OF DOCUMENTS RELATING TO THE SALE AND 1993 Lease Revenue DELIVERY OF NOT,TO EXCEED $15,000,000.00 REFUNDING Refunding Bonds CERTIFICATES OF PARTICIPATION, SERIES 2003 (PUBLIC FACILITIES PROJECT), AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH, for the purpose of refinancing the Costa Mesa Public Financing Authority 1993 Lease Revenue Refunding Bonds. ADJOURNMENT TO At 7:30 p.m., Mayor Monahan adjourned the Council meeting to a SPECIAL JOINT special joint meeting of the City Council and Redevelopment MEETING OF THE Agency; and Agency Chairman Steel convened the Agency CITY COUNCIL/ meeting. REDEVELOPMENT AGENCY Agency Members Present: Chairman Chris Steel Vice Chairman Allan Mansoor Agency Member Gary Monahan Agency Member Libby Cowan Agency Member Mike Scheafer Agency Members Absent: None Officials Present: Executive Director Allan Roeder Acting City Attorney Tom Wood PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued 1901 Newport Plaza from the meeting of August 4, 2003, for reconsideration of the April Residences Project 14, 2003, Special Joint Meeting of the City Council and Redevelopment Agency decision regarding 1901 Newport Plaza Residences Project located at 1901 Newport Boulevard, for Dave Eadie, Rutter Development, authorized agent for property owner Kennedy/Rutter Development, for a 161 -unit residential condominium project in the Planned Development Commercial (PDC) Zone. Environmental Determination: Final EIR No. 1050. Certification of Final EIR No. 1050. 'f •,ki General Plan Amendment GP -02-04 and Title 13 amendments for a site-specific 'floor area ratio (FAR) for the commercial component (0.35 FAR allowed; 0.70 FAR proposed), for a site- specific density for the residential component (20 du/ac allowed; 45 du/ac, proposed), and for the proposed 5 -level parking structure [applies to General Plan] (4 -stories allowed; 5 - stories proposed). Final Master Plan approval PA -02-11 for the proposed mixed- use project and variance from residential parking requirements (455 residential parking spaces required; 415 residential parking spaces proposed). Inclusionary Housing Plan for the 1901 Newport Plaza Residences project. Amendment to the 1999-2004 Implementation Plan for the Downtown Redevelopment Plan to include Inclusionary Housing Provisions [Redevelopment Agency action item]. MOTION/No Action A motion was made by Council Member/Agency Member Cowan, Taken seconded by Council Member/Agency Member Scheafer, and carried 4-1, Council MemberNice Chairman Mansoor voting no, to take no action on the pending applications, and to remove them from the City Council/Redevelopment .Agency agenda until such time that staff deems appropriate. Council MemberNice Chairman Mansoor opposed the motion because he felt that public comment should be taken. SUBSTITUTE A substitute motion was made by Mayor Pro Tem/Chairman Steel MOTION/Died to allow the public to speak on this item. The motion died for lack of a second. CITY COUNCIL At 7:37 p.m., Mayor Pro Tem/Chairman Steel adjourned the MEETING special joint meeting of the City Council and Redevelopment RECONVENED Agency to the regular meeting of the City Council; and Mayor Monahan reconvened the Council meeting. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 18, Residential Develop- 2003, second reading and adoption of Ordinance 03-8, regarding ment Standards residential development standards and review procedures. A communication was received from Steven R. Sloan, Architect Builder, 462 Flower Street, Costa Mesa, pointing out concerns regarding notification for alley -loaded homes, and addressing the 500 -foot notification requirement for minor design review projects. The Senior Planner, reviewed the Agenda Report dated August 21, 2003, and responded to questions from Council. Mayor Pro Tem Steel asked staff to include a definition of terms, such as development review and minor design review, in the ordinance. He acknowledged that he had opposed first reading of the ordinance because it did not include view preservation for the Marina Highlands area, nor did it provide protection for east side residents against "mansionization". The Development Services Director indicated that the definitions requested by Mayor Pro Tem Steel are contained in the Zoning Code, and the Senior Planner provided a brief summary of each term. Beth Refakes, 320 Magnolia Street, Costa Mesa, was concerned about R1 zone parking requirements addressed on Page 3 of the ordinance, Section 5(a)(2), Application to an Existing Residence, 309 and showed a photograph which illustrated the lack of off-street parking. She was confused by the wording in the ordinance, and her questions were addressed by the Senior Planner, who confirmed that the issues were addressed on a case-by-case basis. Barbara Beck, 443 Flower Street, Costa Mesa, commented that the backyards of homes on the east side are not protected, and supported preserving the alley -access properties by studying each project on a case-by-case basis. She remarked on east side parking problems, and encouraged Council to retain the minor design review process for the alley -access properties, which would include a 500 -foot notification procedure enabling the neighbors to provide input. Robin Leffler, 3025 Samoa Place, Costa Mesa, thought that the parking verbiage needed clarification, as did the information regarding design review of second -story remodels on alley -access property. Council Member Cowan questioned if sufficient parking is being provided, and asked for additional information on Section 5(a)(2) which had previously been addressed by Ms. Refakes. The Senior Planner reported that Council action had eliminated application of the current parking requirements of two garage spaces plus two open parking spaces at the time the number of bedrooms in the house is increased, existing parking would remain, and extra parking would not be required at the time of the remodel. Council Member Cowan indicated that she did not want to build an ordinance around the "exceptions to the rules", for example the property owner who has eight or nine cars because of numerous renters, but supported a rule which would "trigger" adding a parking space. The Senior Planner explained that the original proposal from the Planning Commission recommended that the "trigger" be the addition of the fourth bedroom, but now the addition of any bedroom requires that it be brought into compliance with the current parking requirements. Council Member Cowan supported reinstating the four-bedroom "trigger" to increase the parking. MOTION/Adopted A motion was made by Mayor Monahan, seconded by Council Ordinance 03-8 Member Mansoor, and carried 3-2, Mayor Pro Tem Steel and Council MemberCowan voting no, to give second reading to and adopt Ordinance 03-8, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING RESIDENTIAL DEVELOPMENT STANDARDS AND REVIEW PROCEDURES, deleting Section 1(e)(2)b, Section 2(i)(1)c, and Section 8(c)(2)c. Addressing Section 1(e)(2)b, Mayor Monahan felt that noticing of the adjacent neighbors with the appeal process that is in place will allay any problems with shade and shadow, and anything over 50 percent would be referred to a minor design review. RECESS The Mayor declared a recess at 8:10 p.m., and reconvened the meeting at 8:25 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 18, Council Policy 300-1, 2003, Revised Council Policy 300-1 incorporating the Retired Employees recommended plan changes to the Retired Employees' Medical Medical Program Program, effective August 19, 2003. A communication was 310 received from Marilyn Knapp regarding a discrepancy between her service years and retirement benefits. The Risk Manager summarized the Agenda Report dated August 7, 2003. Mayor Pro Tem Steel commended City staff for their professionalism but was concerned about the overall cost of the policy amendment. The Administrative Services Director replied to a question from Mayor Monahan by stating that there is language in the Memorandum of Understanding for three of the City's four employee organizations which would allow the meet and confer process to' resume should this item not be approved as recommended. Council Member Mansoor questioned increasing the benefit for current retirees. The Risk Manager explained that the proposed increase for retirees recognizes inflationary effects on health care premiums. Council Member Mansoor believed that Council should identify a source of funding for this item, and pointed out that the impact of the State budget on the City is not known at this time. The Administrative Services Director clarified that approving only portions of this proposal would allow challenge by labor associations. Jed Jenkins, 2217 Harbor Boulevard, Apartment D7, Costa Mesa, representing his mother Marilyn Knapp, a retired City of Costa Mesa employee, reported that she receives $700.00 per month total retirement benefit. He indicated that eight years of his mother's service time is not recognized, and asked for Council assistance. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, agreed that proper medical reimbursement for City employees is money well spent, but chastised Council for recent expenditures which he considers frivolous. Judi Berry, 2064 Meadow View Lane, Costa Mesa, questioned the City's maximum monthly contribution being increased from $300.00 to $500.00. Mayor Monahan replied that raising the cap ensured that the increases in medical costs would be covered for the next few years. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, thought that City employees should be treated fairly but encouraged Council not to give away one of the "bargaining chips" with the employee associations. She did not believe that the $500.00 cap would prevent the employees from asking for more in a year's time. Terry Shaw, 420 Bernard Street, Costa Mesa, asked if employees hired after 1993 currently receive benefits. The Risk Manager replied that they receive medical, as well as other employee benefits but would not be eligible under Council policy after their retirement. She clarified that the $500.00 cap will affect all retirees, the other amendments would not. Mike Berry, 2064 Meadow View Lane, Costa Mesa, opined that adoption of the $500.00 cap meant nothing, stating that a number is arbitrarily picked so a budget may be prepared, allowing a benefit that does not now exist to look affordable. He encouraged revisiting the issue on an annual basis. Council Member Mansoor agreed with Mr. Millard that the City has appropriated some monies on items that are "somewhat 311 inappropriate", and observed that this subtracts from monies which are available for infrastructure, public safety , and benefits for City employees. MOTION/To Approve A motion was made by Council Member Mansoor, seconded by With Exceptions Mayor Pro Tem Steel, to approve the recommended action, excluding retired employees, and retaining the maximum benefit at 30 years, contingent on identifying funding on a pre -pay method. Mayor Pro Tem Steel hoped that a provision could be made for Marilyn Knapp, the retired employee who forwarded a letter regarding her retirement funds. Mayor Monahan commented that the motion seconded by the Mayor Pro Tem takes the opposite action. SUBSTITUTE A substitute motion was made by Mayor Monahan, seconded by MOTION/Approved Council Member Cowan, and carried 3-2, Mayor Pro Tem Steel and Council Member Mansoor voting no, to approve the recommended plan changes. Mayor Monahan observed that the City is discussing assisting senior citizens yet the seniors that have put in years of hard work with the City could be denied adequate medical coverage. Concerning the suggestion to bring the matter to Council every year, he noted that employee negotiations are not on a year-to- year contract basis. Council Member Cowan supported the substitute motion, citing that the revisions were negotiated in good faith with the employees. She concurred with the comments made by Mayor Monahan, and approved of the employees participating in planning for their own retirement and medical premiums. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 18, Home Ranch Develop- 2003, Annual Review No. 1 and first amendment to Segerstrom ment Agreement DA- Home Ranch Development Agreement (DA -00-01). The Planning 00-01 Commission recommends: Determine that the applicant and City have demonstrated good faith and compliance with the terms and conditions of Development Agreement No. DA -00-01. Adopt ordinance adopting the first amendment to Development Agreement No. DA -00-01 for the Home Ranch Project. The Planning and Redevelopment Manager reviewed the Agenda Report dated August 6, 2003. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, expressed concern about the $2 million contribution to educational .advancement portion of the agreement. He reported that the monies were divided among two foundations which are composed of members chosen by C. J. Segerstrom and Sons, and asked where the monies are now located. The City Manager replied that the money is located in an interest-bearing trust account held by the City until the two organizations are formalized and have a written agreement with the City. Paul Freeman, representing C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, responded to the previous speaker by stating that the $2 million contribution was made in compliance with all of the provisions of the development agreement, and C. J. Segerstrom and Sons were not involved with selection of the members of the foundations. Mayor Pro Tem Steel suggested that there be flexibility written into the agreement stipulating that if the foundations do not work that Council may revisit the issue. With respect to the foundations, the Acting City Attorney reported that the paperwork has been forwarded to Sacramento and approval is anticipated from the Secretary of State within the next week or so. Robert Graham, 3260 Dakota Avenue, Costa Mesa, opposed placing the $200,000.00 from the Huscroft House into the general fund, suggesting instead that it could be given to the schools. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, added that any available monies should be designated to the schools. Mayor Pro Tem Steel supported directing the $200,000.00 to the Historical Preservation, Committee and to City code enforcement. MOTION/Determined On motion by Council Member Cowan, seconded by Council Compliance with Member Mansoor, and carried 5-0, it was determined that the DA -00-01; Gave First applicant and the City have demonstrated good faith and Reading to Ordinance compliance with the terms and conditions of Development 03-9 Agreement DA -00-01, and Ordinance 03-9 was given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROXING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA -00-01 FOR THE HOME RANCH PROJECT. Second reading and adoption are scheduled for the meeting of September 15, 2003. RECESS The Mayor declared a recess at 9:25 p.m., and reconvened the meeting at 9:40 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 18, Fairview Park 2003, Park Encroachments at Fairview Park. The Public Services Encroachments Director summarized the Agenda Report dated August 21, 2003, commenting that a sale or lease situation involving the encroachment property would entail a tremendous amount of manpower over the next several years to provide the necessary information to Council. He and the Acting City Attorney responded to questions from Council. Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented on the time and effort which has been expended by the City in an attempt to accommodate a few people, and observed that the issue is money, not encroachment. Mr. Graham provided photographs to substantiate his claim that the property is valuable, not "worthless as a park because its not natural" as the residents claim. David Kincade, 2001 Swan Drive, Costa Mesa, observed that their property encroaches 'approximately 13 feet into the park, and reported that they used a portion of the land only after believing that permission had been granted. He alleged that during rainy periods, the strip is unpassable due to pooling water and mud, and the City will continue to incur costs and responsibility for weed abatement and soil erosion for the strip if not assumed by the adjacent property owners. Mr. Kincade reported that residents on Sandpiper Drive purchased from the County of Orange a significantly larger strip of land which is between their homes and the Greenville -Banning Channel. Judi Berry, 2064 Meadow View Lane, Costa Mesa, observed that it would be too complicated for the City to sell the land and objected 1 1 to it being given away. She encouraged the City to reclaim the parkland. Tom Chandler, 2085 Swan Drive, Costa Mesa, preferred that the City allow the homeowners to purchase the encroachment property. Mike Berry, 2064 Meadow View Lane, Costa Mesa, remarked that by taking any action other than enforcing the existing code pertaining to encroachment, the people who broke the law will be rewarded, and the people who followed the law will be penalized. Robin Leffler, 3025 Samoa Place, Costa Mesa, objected to selling or leasing public park property to individual private homeowners, and supported retaining the land as open space. She asked the cost of staff time, studies, reports, and liaisons to work with other agencies. John King, 1991 Swan Drive, Costa Mesa, observed that the strip of land under discussion is parkland by a coincidence of surveying, and described the property as backed up by homes, 15 to 20 feet in width with a six-foot chain-link fence, a seven -foot berm, and a twenty -foot ditch. He asked for the opportunity to purchase the land. Dean Reinemann, 1877 Park View Circle, Costa Mesa, encouraged Council to end encroachments and take back what the City owns. Julie King, 1991 Swan Drive, Costa Mesa, described herself as a schoolteacher and a moral person, and provided a brief history of her "encroachment". She described the situation as a pre-existing one that many property owners inherited along with their purchases. Larry Porter, 2077 Swan Drive, Costa Mesa, showed photographs of his encroachment, and suggested a reasonable solution to the problem. He asked for a formal survey report. Steve Devey, 2033 Swan Drive, Costa Mesa, referring to Page 56 of the Agenda Report, pointed out the insignificant area of the property being discussed. The Fairview Park Master Plan specifically states that the area in question is designated for non - development. Beth Refakes, 320 Magnolia Street, Costa Mesa, opposed selling or leasing the property to the residents who have encroached, and maintained, that it is a property owner's responsibility to be familiar with their property line. She warned that should sale or lease of the property be considered, the City will be setting a precedent, and objected to the considerable expense involved. Ms. Refakes suggested that if the property is leased, the lease be for a specific period of time, with the property reverting to the City as open space at the end of that time or if the property is sold. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, commended the policy on park encroachments as contained in Attachment H to the Agenda Report, modifying No. 6 on Page 2 to read, the" permit shall be void upon removal or replacement of at least 40 percent of the existing encroachment by the property owner or his/her agent for any reason...", and mentioning that any gate onto a park should open inward to avoid accidents. Ms. Genis encouraged an audit of park dedication fees and park bond monies, and outlined several of her concerns. Tim Cromwell, 2920 Swan Drive, Costa Mesa, reported that he has a two and one-half foot encroachment, and indicated that the land is of no value to the City, it was never intended to be part of Fairview Park, and almost every homeowner who is encroaching bought their property with the encroachment in effect. He added that the land is covered with easements so it will remain a buffer zone, and the City has allowed it to become weed infested. Jim Jennings, 2017 Swan Drive, Costa Mesa, advised that it took two weeks to clean up the trash behind his home when it was purchased, and reported that he pulls the weeds for ten houses in both directions every year. The Public Services Director showed a videotape of the Fairview Park encroachments. MOTION/To End A motion was made by Council Member Cowan to end all Encroachments Died encroachments and return everything to the property line. The motion died for lack of a second. MOTION/To Restrict A motion was made by Council Member Cowan to allow six-inch Encroachments to encroachments only for all properties currently within the six Six Inches Died inches, all other properties to be returned to their property line or to within that six inches within one year. The motion died for lack of a second. Steve Devey, 2033 Swan Drive, Costa Mesa, replied to a question from Council Member Mansoor by stating that the Mesa Consolidated Water District Engineering Department reported that there are two easements in each direction running down the middle of the property in question, fifty feet out from the center of Fairview Channel. Council Member Mansoor asked staff for the following information: does the City have title reports which indicate to whom the easements belong and is there permission to encroach on them; regarding open space bonds, he would like clear indication that bond money was not used; should the burden of cost be on the property owner; questioned if the City should go forward with the sale based on County of Orange recommendations as contained in their letter of December 21, 2001, regarding 10 -foot setbacks and the 30 -foot wide ingress and egress; and asked if the sale of the land requires action by the County of Orange. Mayor Pro Tem Steel asked for an estimate of the cost to the City if a sale is pursued, and suggested that the property owners pay the expenses. Council Member Cowan opposed the sale or lease of any land beyond the six inches. MOTION/To Oppose A motion was made by Council Member Cowan to oppose the sale Sale or Lease of Park or lease of any portion of Fairview Park. The motion died for lack Land Died of a second. After considering the comments regarding the landscaping provided by Swan Drive residents, the walls being established prior to purchase of their property, and the balance of the property not being tended to in five years, Mayor Monahan asked what it is that the City is preserving. He believed that if all the questions could be answered and the financing worked out, that the funds could be used towards the betterment of Fairview Park. He did not find the encroachments illegal nor the requests out of line. MOTION/Gave On motion by Mayor Monahan, seconded by Mayor Pro Tem Steel, Directions to Staff and carried 4-1, Council Member Cowan voting no, staff was directed to research the means by which the subject property, down to the property line with the flood control channel, may be sold; to initiate negotiations with the property owners; to determine the costs that would be covered; to address the questions asked by Council Member Mansoor; to return to Council in four months with information regarding what it would take to sell the property if all the property owners are willing; to determine the cost of an appraisal; and to determine the opinion of the County of Orange on the pending sale. Mayor Monahan clarified that his intent is to express an interest in selling the property after the questions are researched and the residents are `on board" regarding the costs and their willingness to purchase. Council Member Mansoor opposed the City spending money for title reports and other related costs, and asked for a rendering of how the proposed project will appear. He questioned if it were appropriate to request funds up front from the property owner to cover some of the costs. The Acting City Attorney replied that the Council could direct staff to proceed with certain investigations if a number of the property owners would deposit with the City monies to cover specified costs. The City Manager suggested that staff can accurately identify the costs, ascertain the number of interested property owners, and then prepare an estimate of the cost on a per parcel basis. Council Member Cowan opposed the motion, deeming it inappropriate to sell or lease the property. She commented that the residents of Swan Drive were allowed to completely design Fairview Park, reporting that the original plan had designs for the area between the channel and the property lines. She expressed amazement that Council would take public, open space land, regardless of its current condition, and sell or lease it. NEW BUSINESS The Deputy City Clerk presented a resolution removing "resident Texas Circle Resident only" parking on Texas Circle. The Public Services Director Parking summarized the Agenda Report dated August 18, 2003, and reported that a petition had been received from a majority of the property owners on Texas Circle requesting that the "resident only" parking be removed. Communications supporting the removal were received from Carolyn Yurada, 1654 Texas Circle, Costa Mesa, and Esther Kosoy, 1658 Texas Circle, Costa Mesa. Mayor Pro Tem Steel suggested that an attempt should be made to mitigate the problems which are causing the residents to request removal Eleanor Klein, 1661 Texas Circle, Costa Mesa, indicated that she had originally requested removal of the parking restrictions, and stressed that it is a great burden. She reported on the friends and neighbors who had been ticketed, and reaffirmed her position. MOTION/Adopted On motion by Mayor Monahan, seconded by Mayor Pro Tem Steel, Resolution 03-56 and carried 5-0, Resolution 03-56 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REMOVING "RESIDENT ONLY" PARKING ON TEXAS CIRCLE. NEW BUSINESS Traffic Impact Fee Ad Hoc Committee The Deputy City Clerk presented the proposed revised composition of the Traffic Impact Fee Ad Hoc Committee: Include two at -large members and delete the specific requirement for at least one Homeowners Association (HOA) representative; or Include three at -large members (with at least one being an HOA representative), and direct staff to continue to advertise for an HOA representative. The Public Services Director summarized the Agenda Report dated August 18, 2003. MOTION/Approved A motion was made, by Council Member Cowan, seconded by Option (a); Appointed Mayor Pro Tem Steel, and carried 5-0, to include two at -large Garlich members and delete the specific requirement for at least one HOA representative, and to appoint Bruce Garlich as the Planning Commission representative to the committee. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Monahan Parkway Tree Re- for City Council review of a request by Mr. and Mrs. Don Caries for moval, 3106 Yellow- removal of a parkway tree located at 3106 Yellowstone Drive. The stone Drive Public Services Director reviewed the Agenda Report dated August 17, 2003, pointing out that guidelines adopted by City Council direct that the Parks and Recreation Commission have final authority.on removal of any public tree. Mayor Monahan reported that Mr. and Mrs. Caries have attempted to have the subject tree removed for at least two years, noting that City Council may appeal any staff or committee decision. Gertrude Caries, 3106 Yellowstone Drive, Costa Mesa, complained that the tree constantly drops needles, pinecones, and sap, stating that it is the wrong type for the neighborhood. She indicated that her husband is ill and requires constant care, and the cleaning up after the tree is an added burden. She believed that the tree droppings are potentially dangerous to young children on skateboards, etc. Beth Refakes, 320 Magnolia Street, Costa Mesa, thought that the tree requires some maintenance, suggesting that the droppings could be eliminated by opening the tree on a regular basis. She reported that the City tree in her parkway has caused cracked sidewalks, etc., but is regularly maintained by the Parks Department. She believed that the Caries' tree was actually in "pretty good shape", but encouraged replacing it with another if it is removed. The Acting City Attorney replied to an inquiry from Council Member Mansoor by stating that an application is not in front of Council but a decision could be made giving direction to staff. He replied to Mayor Monahan by stating that City Council could waive the fee for a permit to remove the tree but the permit process does not begin at the Council level. MOTION/To Give A motion was made by Council Member Mansoor directing staff Directions to Staff Died and the Parks Commission to re -review this issue and to re- examine the policies regarding making tree replacement easier in general, and specifically in this situation, and to review the policy regarding making removal easier if the tree is causing damage to streets, sidewalks, or private property. The motion died for lack of a second. 1 L, 317 The City Manager concurred with the Acting City Attorney's opinion, and suggested considering the option of unearthing the tree, and boxing it for relocation to another area. He agreed that taking this matter to the Parks Commission is the most expedient manner in which it may be processed. MOTION/Referred A motion was made by 'Mayor Monahan, seconded by Council to Parks and Member Scheafer, and carried 5-0, to refer this item to the next Recreation Meeting Parks and Recreation Commission agenda. NEW BUSINESS The Deputy City Clerk presented a request from Council Member Parkway Tree Re- Scheafer for City Council review of a request by Mr. and Mrs. John moval, 1830 Oriole Weatherwax regarding conditions of approval for removal of a Drive parkway tree located at 1830 Oriole Drive. The Public Services Director reviewed the Agenda Report dated August 27, 2003. Council Member Scheafer explained that he had encouraged Mr. Weatherwax to file an appeal, however it had not been in a timely manner and the appeal had been filed late. John Weatherwax, 1830 Oriole Drive, Costa Mesa, reported that he had requested the City to remove a City tree that had damaged his retaining wall, and objected to being charged for the tree removal. He encouraged Council to review the City's tree removal policy, and asked for assistance in repairing the block retaining wall which is approximately four feet above curb level. The Acting City Attorney reiterated that the Parks and Recreation Commission action on an application for a permit for tree removal is final, but opined that Council has discretion to take action about its own property and could direct staff to remove a tree which is considered a nuisance. MOTION/Gave A motion was made by Council Member Mansoor, seconded by Directions to Staff Mayor Monahan, to receive and file the report, directing staff and the Parks and Recreation Commission to re-examine the policies which cover making tree replacement easier, especially if the tree is causing damage to streets, sidewalks, or private property, and to bring the policy which addresses the lack of an appeal process for tree removal back to Council. The City Manager advised that normally when there is a dispute over questions regarding damage either to public or private property, a claim form is submitted making a statement for damages and costs incurred. Beth Refakes, 320 Magnolia Street, Costa Mesa, observed that the Parks and Recreation Commission should expand their criteria for tree removal, especially when damage is occurring to private property. She suggested reconsidering the appeal to Council of a tree removal denial. The motion carried 5-0. NEW BUSINESS The Deputy City Clerk presented City Council discussion of a Legal Services; and report by the Acting City Attorney regarding provision of legal Assistant City Manager services and a report by the City Manager regarding the position of Position Assistant City Manager. The Acting City Attorney reviewed the options outlined in the Agenda Report for obtaining legal services: an in-house City Attorney as currently utilized; or a City Attorney provided by an outside law firm. He noted that his report analyzes cost impact and the pros and cons of each of the two methods. He responded to questions from Mayor Monahan by stating that the City Attorney's office currently handles some litigation such as code enforcement issues but the amount of litigation in Superior Court is limited; the City Attorney staff, such as paralegal and legal secretary positions, assist the outside counsel when there are requests for interrogatories; and offered to provide Council with a report detailing the outside attorney's used to defend the City in civil matters. Mayor Monahan expressed an interest in asking an outside firm to review the operation of the City Attorney's office and provide recommendations on structuring, restructuring, or retaining the operation as is. He reported that he has contacted a firm in San Francisco who thought that the work could be kept within a budget not to exceed around $10,000.00, and they have offered to recommend a couple of other firms who could also accomplish the work. Mayor Monahan wishes to determine if the office is correctly staffed and budgeted. Council Member Cowan concurred with the Mayor, and commended the Acting City. Attorney on his report. She indicated that she would like to see samples of contracts between other cities and outside attorneys to determine how a scope of work could be developed. Council Member Mansoor agreed with Mayor Monahan, adding that it has been helpful to have an in-house attorney. He felt that if the work is given to an outside source, adequate office hours and accessibility should be assured. Mayor Pro Tem Steel indicated that he is satisfied with the legal department, both present and past. MOTION/Received A motion was made by Mayor Monahan, seconded by Council and Filed Report; Member Cowan, and carried 5-0, to receive and file the report from Gave Direction to the City Attorney's office, to direct the City Manager to solicit Staff proposals for review of the structure of the City Attorney's office, and to direct the inclusion of sample agreements for contract legal services. Regarding the position of Assistant City Manager, the City Manager reported that with the exception of Fountain Valley, Costa Mesa is the only city in the market without this classification, and some cities have two such positions. He emphasized that the City has streamlined positions in order to hire at the front line level. MOTION/Gave A motion was made by Mayor Monahan, seconded by Mayor Pro Direction to Staff Tem Steel, and carried 5-0, to direct the Personnel Division to finalize the Assistant City Manager job description, bringing forward an amendment to the classification and executive salary resolution establishing the position, and directed the City Manager to return to Council, concurrent with the above, with a budget adjustment to fund the position during the current fiscal year out of the existing operational budget. Regarding funding of the position, Council Member Mansoor thought that action should be delayed until the situation in the City Attorney's is finalized. Mayor Monahan replied that the budget adjustment authorization would need to be approved by Council. Council Member Cowan supported the motion, commenting that the action is long overdue and necessary. Council Member Scheafer supported the motion, agreeing with Council Member Cowan that the action is long overdue. 1 1 1 CITY ATTORNEY The Acting City Attorney announced that a closed session is not REPORT necessary at this time for the City Council to confer with legal Rutter Development v. counsel, Tom Wood, Acting City Attorney, regarding existing City of Costa Mesa litigation in the case of Rutter Development Corporation v. the City of Costa Mesa, Orange County Superior Court Case No. 03CC09792, and no action was taken. COUNCIL Council Member Cowan asked the Development Services Director COMMENTS when the mobile home ordinance will be placed on an upcoming Mobile Home agenda. He replied that the draft ordinance is now being reviewed Ordinance; Freeway by City departments, is scheduled for the Planning .Commission Entrances meeting of October 13, 2003, and anticipated to be on the Council Agenda for the meeting of November 3, 2003. Addressing complaints about the freeway entrances, particularly Harbor Boulevard and the 405 Freeway, Council Member Cowan suggested that the City clean up the entrance and bill the California Department of Transportation (CALTRANS). Mayor Monahan asked the Public Services Director to draft a letter for the Mayor's signature to CALTRANS stating that the City is "not very happy and that it's pretty ugly out there, and we would like to have it taken of and that this is where we're going with it." Community Garden Mayor Pro Tem Steel referring to Mr. Millard's comments when he called the Council Members "liberals", reminded him that his (Mayor Pro Tem Steel's) vote for the Community Garden was the most fiscally conservative vote of all the options available. He felt that the alternatives were more expensive, not viable, nor popular options in that area. ADJOURNMENT The Mayor declared the meeting adjourned at 12:40 a.m. Ma the City 6`f -Costa Mesa ATTEST: Depu C'sty -CIerK bf.lqhe City of Costa Mesa 1