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HomeMy WebLinkAbout10/20/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 20, 2003 The City Council of the City of Costa Mesa, California, met in regular session October 20, 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 Mansoor, and invocation by Reverend Tim McCalmont, Presbyterian Church of the Covenant. 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: None Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Don Lamm Public Services Director William Morris Police Administrative Services Commander Scheralee Ford Police Lieutenant Karl Schuler Principal Personnel Analyst Lance Nakamoto Recreation Manager Jana Ransom Deputy City Attorney Linda Nguyen Legislative and Public Affairs Manager Ann Shultz Management Analyst Carol Proctor Deputy City Clerk Julie Folcik MINUTES/Regular On motion by Mayor Pro Tem Steel, seconded by Council Member Meeting of October 6, Cowan, and carried 5-0, the minutes of the regular meeting of 2003 October 6, 2003, were approved. 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 The Mayor congratulated Police Officer Gerald Stukkie for being MADD Deuce Award chosen by Mother's Against Drunk Drivers (MADD) to receive the To Police Officer Deuce Award for the 2002-2003 fiscal year, and expressed his Gerald Stukkie appreciation of the 87 Driving Under the Influence (D.U.I.) arrests made by Officer Stukkie. He then introduced Police Chief Hensley, and MADD's volunteer representatives Dianna Agzour and Mary Lou Dorn who presented the award, as well as expressed their appreciation to Officer Stukkie. PROCLAMATIONS Mayor Monahan announced the following Proclamations which Announcement have been presented by the City in the last month: National Good Neighbor Day, September 28, 2003 Lawsuit Abuse Awareness Week, October 6-10, 2003 340 National Breast Cancer Awareness Month, October, 2003, and National Mammography Day, October 17, 2003 Republic of Azerbaijan Independence Day, October,18, 2003 National Council of Negro Women Day, October 25, 2003 PUBLIC COMMENTS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, informed Westside Pollution Council that there are children dying of cancer in the community that she believes is caused by the pollution in the industrial area on the Westside of the City. She asked that the City test the water, air, and soil quality on the Westside. Red Light Camera Dick Matherly, 1640 Newport Boulevard, No. 22, Costa Mesa, Enforcement supported Red Light Camera enforcement in the City, and advised that he was nearly hit by a vehicle that had run a red light at 17tH Street and Newport Avenue. Millard's Comments Martin Millard, 2973 - Harbor Boulevard, No. 264, Costa Mesa, thought that the industrialists and supporters who attended the Redevelopment meeting on October 13, 2003, wished to be excluded from the Redevelopment Zone proclaiming that they were not supportive of a study of the Westside water, air, and soil quality which he suspects is creating dangerous health problems for residents on the Westside. Mobile Home Park Don Hunter, 666 West 19th Street, No. 1606, Costa Mesa, reported Rent Increase that the residents of Anchor Mobile Home Park had received a an increase of $55.00 per month in their rent, and were told that the rent would continue to increase if they do not move. He asked the City to place a moratorium on rent increases on the property. Code Enforcement Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, Issue advised that at 1935 Pomona Avenue, the residents have left towels hanging on their fence for the past three months that are visible from the street. She contacted Code Enforcement but they were unresponsive. Ms. Gonzalez also requested that Council test the air quality on the Westside due to odors. Safe Street Crossing Judi Berry, 2064 Meadow View Lane, Costa Mesa, reported a potentially dangerous. situation at the corner of Adams Avenue and Placentia Avenue of school children crossing against the walk sign and asked that parents in Mesa Verde instruct their children to wait for the "Walk" light before crossing the intersection. Red Light Camera Josh Boyle, 278 East 16th Street, No. B, Costa Mesa, advised of the Enforcement danger of cars that are speeding through the intersections with Red Light Enforcement Cameras to avoid being hit or ticketed. He asked that members of the community support the union workers who are currently on strike by shopping at alternative locations within the city. Harbor Boulevard Bike Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed Trail photographs of Harbor Village on Harbor Boulevard that has a bike trail surrounding it, but advised that the bike trail does not continue across the street where there is an open right-of-way, and further advised that the trail was removed from the master plan. He commented that Council, in some of their decisions has acquiesced to the opinions of a few people at the expense of the long-term vision of the City. Red Light Camera Karl Ahlf, 181 Merrill Place, No. A, Costa Mesa, expressed his Enforcement appreciation of the Red Light Camera Enforcement. 1 F--� 1 1 1 1 Mobile Home Park Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, Ordinance appreciated the efforts of staff and Council for the Mobile Home Park Ordinance that is currently being considered by the Planning Commission. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Budget Adjustment No. 04-025 for $24,782.00, for grant funds awarded by the California Office of Traffic Safety; and Item No. 11, Agreements governing use of the Home Ranch Education Contribution. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item Nos. 7 Tem Steel, and carried 5-0, the remaining Consent Calendar items and 11 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Ana Betancor; Chad Cooper; and Angela Pagnanelli. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1974, funding City operating expenses for 1974 $2,018,821.55. Approved Warrant Warrant Resolution 1975, funding Payroll No. 321 for 1975/Payroll 321 and $1,940,229.48, Payroll No. 320A for minus $2,899.77, and City Payroll 320A operating expenses for $702,449.84, including payroll deductions. ADMINISTRATIVE Resolution 03-63 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 03-63 to APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS Apply for Grant Funds FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. Adopted Resolution Resolution 03-64 was adopted: A RESOLUTION OF THE CITY 03-64 Application for COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Grant Funds AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. Adopted Resolution Resolution. 03-65 was adopted: A RESOLUTION OF THE CITY 03-65/DUI Traffic COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Safety Project SUPPORTING THE CONCEPT AND EFFORTS OF THE Approved Budget CALIFORNIA HIGHWAY PATROL NEEDED TO CONDUCT A Adjustment 04-023 DRIVING UNDER THE INFLUENCE (DUI) TRAFFIC SAFETY for $1,992.00 PROJECT; and Budget Adjustment No. 04-023 was approved for $1,992.00, for grant funds awarded by the California Office of Traffic Safety through the California Highway Patrol for drunk driving enforcement, "Removing the Impaired Driver" (RID), State Project No. AL0307. Approved Budget Budget Adjustment No. 04-028 was approved for $13,993.00, for Adjustment No. 04-028 mini -grant funds awarded by the California Office of Traffic Safety for Grant Funds for sobriety checkpoints during the "You Drink and Drive, You Lose" Awarded by the Office campaign, to be held December 19, 2003, through January 4, 2004, of Traffic Safety and June 25, 2004 through July 10, 2004. Approved $1,000.00 The award of $1,000.00 to a private citizen who reported gang - Graffiti Award related graffiti was approved in accordance with Costa Mesa Municipal Code Section 11-147. Gave Ordinance No. Ordinance No. 03-10 was given first reading: AN ORDINANCE OF 03-10 First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, Regarding the Office of CALIFORNIA, AMENDING CHAPTER II AND CHAPTER III OF Mayor Pro Tempore TITLE 2 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE CITY COUNCIL AND ITS OFFICERS; second reading and adoption are scheduled for the meeting of November 3, 2003. Budget Adjustment Item No. 7 on the Consent Calendar was presented: Budget No. 04-025 Adjustment No. 04-025 for $24,782.00, for grant funds awarded by the California Office of Traffic Safety for vehicle seat belt enforcement during the "California Seat Belt Compliance Campaign", November 17 through November 30, 2003. Council Member Mansoor commented that although he agreed that seat belt enforcement was important, grant funds when received from the State of California, are with "strings attached." He felt that there are other and more direct needs for the use of the grant money. Mayor Pro Tem Steel asked if there are statistics available regarding how many accidents occur in the City involving individuals who are not wearing seatbelts. The City Manager stated there are general statistics available, but not specifically for the City of Costa Mesa. To Council Member Cowan's question that the City had applied for the grant for vehicle seatbelt enforcement, Police Lieutenant Schuler confirmed that the application was made for Federal funds that are initially sent to the State of California to be distributed to the cities for vehicle seat belt enforcement in the form of grants. MOTION/Approved A motion was made' by Council Member Cowan, seconded by Budget Adjustment Council Member Scheafer, and carried 4-1, Council Member No. 04-025 Mansoor voting no, to approve Budget Adjustment No. 04-025 for $24,782.00. Agreements Governing Item No. 11 on the Consent Calendar was presented: Agreements Use of Home Ranch governing use of Home Ranch Education Contribution. Council Education Contribution Member Scheafer confirmed with the Deputy City Attorney that none of the funds could be used for activities or facilities that are used by revenue generating athletics. He expressed his appreciation to the :Segerstrom family for making the money available; congratulated the City Attorney's office for their work on the agreements, as well as the Committee's for their hard work. Council Member Scheafer also suggested appointment of a liaison to both foundations ;and volunteered to be appointed. Council Member Mansoor disagreed that these contributions should have ever been part of the' Home Ranch Project, and thought that there should only be one Foundation. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Agreements Tem Steel, and carried 4-1, Council Member Mansoor voting no, the agreements governing use of Education Contribution between the City of Costa Mesa and the Costa Mesa High School Foundation, and the City of Costa Mesa and Estancia High School/TeWinkle Middle School Foundation were approved with a modification to include an assignment of a Council Liaison to the Foundations; approved the appointment of Council Member Scheafer; and the Mayor and Deputy City Clerk were authorized to sign the Agreements on behalf of the City. 1 1 1 343 PUBLIC HEARING The Deputy City Clerk announced that this is the time and place set 2003 Local Law for the public hearing to consider a Resolution authorizing Enforcement Block application for and acceptance of 2003 Local Law Enforcement Grant Block Grant (LLEBG) allocation of $51,036.00; and LLEBG Citizens Advisory Committee recommendation to allocate the LLEBG proceeds and matching funds for the purchase of an Olympus Digital Voice Recorder for $56,707.00; and Budget Adjustment No. 04-021 appropriating $51,036.00 of the 2003 LLEBG funds, and appropriating $5,671.00 in matching funds from the 2003 Citizens Options for Public Safety, for a total appropriation of $56,707.00. The notice of Publication is on file in the City Clerk's Office. The Police Administrative Services Commander reviewed the Agenda Report dated September 23, 2003, and responded to questions from Council. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-66 Mayor Pro Tem Steel, and carried 5-0, to adopt Resolution 03-66: Approved Budget A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adjustment No. 04-021 COSTA MESA, CALIFORNIA, AUTHORIZING APPLICATION FOR, AND ACCEPTANCE OF YEAR 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT ALLOCATION; the recommendation of the LLEBG Citizens Advisory Committee was approved; and Budget Adjustment No. 04-021 was approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 4, TeWinkle Park Softball 2003, TeWinkle Park softball field dimension options. Field Dimensions Communications were received from the following Costa Mesa residents: George and Jeannine McGhee, 940 Presidio Drive, urging Council to vote no on the softball field expansion; Eric Bever, 1046 Westward Way, expressing his opposition to the removal of mature ,trees; Lance Thompson -Hailstone, 1002 EI Camino Drive, opposed to any expansion; Beverly Hughes (via email), asking that the baseball fields not be transformed; Tina Seri (via email) urging Council not to remove any trees; David and Jeanne Brown, 951 Presidio Drive, asking that no trees be removed; Dennis and JoAnne VanSandt, 957 Presidio Drive, urging Council to save the open space and trees at TeWinkle Park; Robin Leffler, 3025 Samoa Place, opposed to trees being removed; Walter and Eleanor Strojny, 2825 La Salle Avenue, asking that no changes be made to TeWinkle Park; and Clark Chapman (via email), in favor of the expansion. The Public Services Director reviewed the Agenda Report dated October 9, 2003, presented an overview of Option No. 9, which was included in a Supplemental Agenda Report dated October 16, 2003, and he and the Recreation Manager responded to questions from Council. Mayor Monahan commented on the comparative field distances in surrounding cities, as reported in Attachment 11 of the Agenda Report, and expressed his motivation has been to have decent fields for softball players, including young adults. He explained that the topic has been studied during the years that he has been on council, and that the proposal presented was to address the low performing fields, to provide fields for all age groups and to have competitive softball fields. He emphasized that the removal of trees was not intended to compromise the screening it offers the neighborhood. He felt that to spend the money to upgrade the facility but not to include the recommended improvements would not be enough to attract the players to the fields. He also responded to a comment he had received stating that per the Acting City Attorney there was not a conflict of interest with his participation in any actions taken in this matter due to his involvement with his sponsoring of various team sports groups. The Recreation Manager confirmed for the Mayor that there has been a drop in participation in the softball leagues in the City due to the quality of the fields. Mayor Pro Tem Steel thanked the community for coming to the meeting, the emails and letters he has received on this item, and expressed the three reasons he appealed the decision made at the July 7, 2003, Council Meeting; the City did not provide notice to the residents of the Mesa Del Mar tract; Council did not take into consideration the proposed tree removal, and took no action to ensure that any of the trees removed would be replaced by trees of equal size; and no consideration was given to the need for a sufficient buffer area between the outside fences and the adjoining residents, prior to making this decision to expand the outfield fences there was no analysis performed to assess the potential impacts on the adjoining residents, an assessment should have been prepared and made available to the public beforehand. He did not agree with the removal of any trees, hoped that 50 trees could added, for replacement of the shelter and picnic tables with improved structures, and wanted to keep the concrete walkways. Council Member Cowan expressed her appreciation to staff for presenting Option No. 9, but had concern about the funding needed for the option and offered the replacement of the new sidewalks, the new picnic shelters as funding priorities to the extension of the northeast field. Council Member Cowan welcomed comments from residents from the Mesa Del Mar tract regarding Option 9. Council Member Scheafer reiterated the need for the renovation and reported of his contact with some people and teams that no longer utilize the fields at TeWinkle Park that it was due to the "terrible" condition of the fields. He confirmed with the Public Services Director that the home plate could not be moved back without major changes to the infrastructure, and expressed his preference of the northwest field with a shorter fence and a longer fence in the northeast field. Mayor Pro Tem Steel confirmed with the Public Services Director that Option No. 9 would remove nine trees, to include: six Palm trees, one Pine and two Brazilian Pepper trees. Jeff Wilcox, 924 Junipero Drive, Costa Mesa, President of the Mesa Del Mar Homeowners Association, which represents 865 homes, urged the Council to listen to the comments of the residents of Mesa Del Mar who needed to be heard over the few that would benefit from the expansion. In response to Council Member Mansoor's inquiry Mr. Wilcox expressed his support of Option No. 9. Bill Leever, 816 Presidio Drive, Costa Mesa, applauded staff and Council for Option No. 9 but pointed out that in the TeWinkle Master Plan, a survey, conducted in 2002 regarding recreational use in the City, that adult softball did not rank in the top 20 percent as a recreational priority for residents in Costa Mesa. He agreed that the fields need some renovation, but was not supportive of the additional expansions.' William Kuhn, 1086 EI Camino Drive, Costa Mesa, agreed that Option No. 9 was viable but did not agree with the removal of three additional trees for the expansion, but supported the higher fence. JoAnne VanSandt, 957 Presidio Drive, Costa Mesa, disagreed that expansion of the softball fields at TeWinkle Park was necessary. Byron deArakal, 2977 Redwood Avenue, Costa Mesa, agreed with Option No. 9 and complimented staff for their efforts. He disagreed with a comment from Mr. Wilcox stating that the Parks Commission did not "listen to the community and advised that in the decision making process that he was "looking into the future" for the benefit of the community. Denise Lavigne, 949 Presidio Drive, Costa Mesa, advised that she is opposed to the expansion of the softball fields at TeWinkle Park, and the removal of trees. Matt Parsons, 913 Junipero Drive, Costa Mesa, indicated that he plays softball in the City, and reported that the dugouts and infields need renovation but did not agree with removing any trees in order to expand the fields. Jeanne Brown, 951 Presidio Drive, Costa Mesa, advised that the palm trees shield the lights from her home, the neighborhood kids are not able to use the fields, and felt that the picnic shelter should not be moved any closer to the residents surrounding the park. Irene Engard, 931 Presidio Drive, Costa Mesa, felt that while Option No. 9 was a better solution, she did not want any trees removed. She asked the City to make the improvements needed, but opposed the expansion. Greg Bingham, Post Office Box 3605, South EI Monte, Executive Director of the Southern California Municipal Athletic Federation, an organization responsible for providing the rules for Orange County Softball - Leagues, expressed that softball has changed over the years, which requires expansion and improvement of the current softball fields at TeWinkle Park. Jim Gray, 215 Knox Street, Costa Mesa, asked that Council remember when funding the softball field expansion that in the Recreation Master Plan 3.3 percent of the residents play adult softball, and 11.1 percent skate and skateboard. Paul Kelly, 2736 Mendoza Drive, Costa Mesa, agreed with Mr. Gray regarding the priority of a skateboard park over the expansion of the softball fields, commenting that there is a diminishing population of adult softball players. Dick White 2763 DeSoto Avenue, Costa Mesa, felt that the aesthetics of the park would be damaged, and asked that only the Northwest field be expanded. He suggested the placement of the softball fields and a skateboard park at Placentia Avenue, at Fairview Park, as a solution that would not negatively affect the residents. Mayor Monahan advised that there have been several proposals brought forward for Fairview Park, and all have been. "shot down" overwhelmingly. He indicated that there are environmental issues, as well as a very strong lobby asking that Fairview Park be "left alone." Jay Litvak, 2895 Velasco Lane, Costa Mesa, supported Option No. 9 as the second best option. He, however, did not want any trees removed, and stated that even a dead tree has ecological benefits. Dana Ramos' 813 Presidio Drive, Costa Mesa, supported Option No. 9 but without the removal of the three trees. Terry Shaw, 420 Bernard Street, Costa Mesa, read a statement from Laura Nichols, 993 Presidio Drive, Costa Mesa, who supported Option No. 9, but was concerned about the cost of $2,000,000.00. Norm Snow, 2746 San Juan Lane, Costa Mesa, commented that every facility that exists in TeWinkle Park could be moved to Fairview Park without disturbing anyone. He' read the dictionary definition of Park and Recreation, and asked that nothing further be added to TeWinkle Park. Carl Spadee, no street address given, agreed with Mayor Monahan that many of the adult softball players have left Costa Mesa due to the condition of the fields, and supported improvement of the fields. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, offered the possibility that softball' is not as popular a sport as it once was. She disagreed with CEQA; findings reported in the Agenda Report and stated that the park would not qualify under a categorical exemption as the park would be an expansion as it may include a portion of the Davis school site, :and would result in substantial impact on the environment. Tom Lentz, 2766 Portola Drive, Costa Mesa, thought that Option No. 9 was the most reasonable, but preferred the fences not be moved so to preserve the green space. Beth Refakes, 320 Magnolia Street, Costa Mesa, felt that while Option No. 9 was an improvement and the fields are in need of renovation, she did not agree with the necessity for expansion at this time. She asked that Council consider the impact of the proposed changes on the residents, and the lack of additional funding available. Douglas Toohey, 1149 EI Camino Drive, Costa Mesa, supported Option No. 9 stating that it has less impact on the residents. David Stiller, 2879 Regis Lane, Costa Mesa, complimented staff on the proposal of Option No. 9. He advised that the lights proposed for the softball fields , are those used at the Farm Sports Complex, where there have been few complaints. He noted that the majority of the players on a softball field are in the infield, which is 330 feet from the property line of the residences on Presidio Drive, which should create no additional noise. Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, clarified that the Planning Commission's review of the TeWinkle Park Master Plan did not include the, softball fields, as it did not fall in the commission's jurisdiction. She felt that Option No. 9 was a reasonable compromise, but expressed concern that fields would accommodate all of the teams and leagues except for girls fast pitch softball, that there would be delays in the improvements in the fields due to any expansion, and advised that the Planning Commission had removed the picnic shelter from the Master Plan, and that there were no plans for them to be replaced. Ms. Foley expressed her appreciation of Mayor Pro Tem Steel who appealed the decision, as well as staff and Council their hard work in coming up with a compromise plan that she felt took into consideration the needs of the residents as well as the future improvements of the park. '347 Ed Keane, 2777 Lorenzo Avenue, Costa Mesa, supported Option No. 9 for TeWinkle Park, but questioned why a skateboard park could not be built at Fairview Park where it would not impact any residents. Karl Ahlf, 181 Merrill Place, No. A, Costa Mesa, commented that he has played softball in the Special Olympics, asked that the softball fields remain the same at TeWinkle Park and not to remove any trees. Kimberly Belanger, 967 Presidio Drive, Costa Mesa, advised that she lives directly behind the softball fields at TeWinkle Park, and currently the lights do not affect her, but was concerned that if the trees were removed the lights would shine into her bedroom. She asked that Council not make any changes to the softball fields. Teri Yuen, 2854 Velasco Lane, Costa Mesa, reported that she previously played softball in Costa Mesa until the condition of the fields had become so bad, and asked that the softball fields at TeWinkle Park be reconditioned. She commented that she would like her daughters to be able to play fast pitch softball in the City. Council Member Cowan commented that fast pitch softball would not be precluded from these fields because temporary fencing could be used. She expressed her concern over funding, and asked the City Manager how much was earmarked in the budget for the project, and where additional funding would come from. The City Manager responded that there is slightly in excess of $2,000,000.00 budgeted for this project which includes elements of rehabilitating and rebuilding the existing fields, as well as non-visible elements such as the replacement of a major sewer main that serves the softball field complex, as well as the park site. He advised that the additional improvements in Option No. 9 would add approximately $175,000.00 to the current estimated cost of the project, but actual costs would not be available until competitive bids are received. The City Manager indicated that staff would be required to go through the current list of capital improvement projects and either cancel or postpone some of the existing projects in order to structure a financial plan to meet the additional costs for this project. He reported that it was important to receive Council input on the TeWinkle Park softball complex, amendments to the TeWinkle Lake project, as well as a skateboard facility because all three of them will have implications to the capital improvement program. Council Member Mansoor confirmed with the City Manager the projects that would not possibly be postponed would be Measure M projects and would instead come from other park improvement projects. Council Member Cowan commented that she appreciated the need for the expansion of the softball fields, and believed that the improvement of the fields will return players to Costa Mesa softball leagues. MOTION/Approved On motion by Council Member Cowan, seconded by Council Option No. 9 Member Mansoor, and carried 4-1, Council Member Scheafer TeWinkle Park Softball voting no, Option No. 9 was approved for the Southwest and Fields Northwest fields; the Northeast field was approved as originally proposed; it was determined that the proposed project is categorically exempt from CEQA requirements; and staff was directed to return in 30 days with additional funding options. 348 RECESS The Mayor declared a recess at 9:30 p.m., and reconvened the meeting at 9:45 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 2, Assistant City Manager 2003, resolution amending Resolution 02-85 by establishing the Job Classification new Assistant City Manager job classification and salary range; and Budget Adjustment No. 04-029 for $90,433.00. A communication was received from Judi Berry (via email) who was in favor of the addition of the position. The Principal Personnel Analyst reviewed the Agenda Report dated September 4, 2003, and responded to questions from Council. Council Member Mansoor commended the City Manager for the job he does, but thought that Council should take responsibility and be selective when making requests that require an abundance of staff time. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-67; Mayor Monahan, and carried 4-1, Council Member Mansoor voting Approved Budget no, to adopt Resolution 03-67: A RESOLUTION OF THE CITY Adjustment No. 04-029 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION 02-85 AND ESTABLISHING A NEW JOB CLASSIFICATION IN THE EXECUTIVE SALARY SCHEDULE; and Budget Adjustment No. 04-029 was approved for $90,433.00. OLD BUSINESS The Deputy City Clerk presented consideration of TeWinkle Park as TeWinkle Park Skate the location for the first permanent skate park, and review of Park Location potential additional sites for permanent and pocketsize skate parks. Communications were received from Cathy Mitchell (via email) stating proper public notification was not given; Johanna Segesser (via email) advising that Costa Mesa High School would not be a good site for a future skate park; Mark Jeffries (via email) in opposition to location of a skate park in TeWinkle Park; and Mark Andrews (via email) supporting a skate park. The Recreation Manager reviewed the Agenda Report dated October 14, 2003, and she and the Public Services Director responded to questions from Council. Mayor Monahan confirmed with the City Manager that financial contributions could : be accepted through the Costa Mesa Community Foundation for the skate park. Council Member Mansoor confirmed with the City Manager that if the skate park was located at Lion's Park it would take up less green space. Mayor Pro Tem Steel expressed his appreciation of the pictures that were provided to Council of the site at TeWinkle Park, and commented he would like to include the City of Newport Beach in a joint venture of a skate park. He was also concerned with the increase in traffic for the nearby neighborhood. Council Member Scheafer commented that the proposed location is a place that he always felt was a prime location for the skateboard park; that the issue regarding funding for restrooms should not postpone the project and was in support of proceeding without further delay with additional sites to be discussed at a later date. Council Member Scheafer also advised that a sizable donation was made for the skate park and felt that an option would be to pursue corporate sponsorship to provide additional funding. 1 1 .:349 Council Member Mansoor confirmed with the Public Services Director the cost of adding the restroom facility would be approximately $100,000.00. Greg Heilig, 2406 Narbonne Way, Costa Mesa, advised that he recently visited the skate park located in Westminster where they do not have City supervision, but the skaters were polite, respectful, and enjoyed the experience. He thought that TeWinkle Park was the perfect location, and did not want to see the minute details hold up building the skate park. Tom Burns, 936 Presidio Drive, Costa Mesa, commented that he was opposed to the location, and was concerned about the hours of operation and of the skateboarding traffic through the neighbor- hoods of those on their way to the park. He felt that it was important to work out the details before approval. Matt Parsons, 913 Junipero Drive, Costa Mesa, suggested that the skate park be placed in the southwest softball field at TeWinkle Park. Alex Nost, 273 21St Street, Costa Mesa, advised that skateboarding is a high energy/high endurance sport that is done for approximately a couple of hours at a time, not an entire day, so a bathroom facility should not be a priority in approval of the project. He further commented on the popularity of skateboarding compared to baseball. Chuck Treshler, 859 Cortez Street, Costa Mesa, defined a park to be open space for recreational uses and felt that to add more to TeWinkle Park would instead create a "built -out recreation facility." He commented that people need open space for their own activities, not only for organized recreation. Carver Young, 252 Sierks Street, Costa Mesa, supported the TeWinkle Park skate park. Rene Bruce, 760 West 17th Street, Costa Mesa, felt that the area near Lion's Park is a great location for a skate park. He also supported TeWinkle Park but felt that the details need to be worked out. Roy Heintz, 2799 Francis Lane, Costa Mesa, noted that none of the pictures shown during the report was the view from Arlington Drive, showing how close the location is to the neighborhood. He also opposed having to pass by the "concrete monstrosity" daily. Kurt Mueller, 2744 Mendoza Drive, Costa Mesa, opposed this location due to the impact on the neighborhood, the parking issue, the need for an additional restroom facility, and traffic. He stated there would be a need for supervision. Rhonda Heintz, 2799 Francis Lane, Costa Mesa, asked Council to consider the green space across from the Police Department. A Mesa Del Mar resident commented that she moved to the area originally due to the location of TeWinkle Park, and did not want a skate park added to this location. Levi Tovar, 615 West Balboa Boulevard, Newport Beach, supported the addition of a skate park. <.50 Charles Gregg, 2311 Santa Ana Avenue, Costa Mesa, commented that he felt that any location for a skateboard park would be acceptable since there is no place to safely and legally skateboard within the City. Paul Kelly, 2736 Mendoza Drive, Costa Mesa, indicated that he would have liked to have the skate park near Davis School, but felt a better location would be north of the tennis courts between the tennis courts and the rear of the development on Presidio Drive. He advised that he does not see people using the green space at TeWinkle Park, and thought that this was the best place for the first skate park. Peter Enfranka, 2758, Drake Avenue, Costa Mesa, felt that there were details, including financing, that needed to be worked out before moving forward with the skate park. JoAnne VanSandt, 957 Presidio Drive, Costa Mesa, opposed this site for a skate park, stating there is not enough space or parking at TeWinkle Park for this addition. Derek Sabori, 2119 Raleigh Avenue, Costa Mesa, supported the idea of a skate park, and advised that not all skateboarders are kids, but also adults who enjoy the sport. Catherine Mitchell, 2601 Santa Ana Avenue, No. A, Costa Mesa, expressed that she frequently visits Bark Park, and there is not enough parking available for Bark Park, as well as a skate park. She was also concerned that the dogs would chase, and possibly bite the skateboarders if they are sharing the parking lot. Terry Tyson, 2298 Santa Ana Avenue, Costa Mesa, supported the skate park, but suggested that Council consider Fairview Park for the location of the skate park. Pat Allen, no street address given, sympathized with the skate park enthusiasts, but was concerned that TeWinkle Park is overcrowded. Katrina Foley, 2778 Lorenzo Lane, Costa Mesa, supported skate parks in the City, but commented that the following issues need to be addressed: the addition of a restroom facility, inclusion of a "beginner lot" for the younger skaters, that the mobile skate park should not be removed from the Westside, supervision at the skate park, and traffic issues. Tom Lancett, 2766 Portola Drive, Costa Mesa, opposed the skate park at TeWinkle Park. A Costa Mesa resident wondered how the skaters would be transported from the bus stop at Fairview Road to the skate park. He also expressed concerned with the current parking situation at TeWinkle Park. Jim DeNuccio, 2811 Francis Lane, Costa Mesa, opposed the TeWinkle Park location for a skate park, and asked the City to solicit corporate sponsorship in finding another location, as well as the building of a skate,park. Jim Gray, 215 Knox Street, Costa Mesa, noted the time and energy spent convincing the City that there is a need for a skate park, and supported the TeWinkle Park location. Council Member Mansoor 351 confirmed with Mr. Gray his preference for an unsupervised skate park, as well as corporate sponsorship for funding of the skate park. Ryan Waggoner, 3036 Coolidge Avenue, No. 61, Costa Mesa, expressed the need for a skate park in the City. Jan Vandersloot, 2221 East 16th Street, Newport Beach, commented that he was happy that Council chose not to remove trees for the softball fields, stating that Fairview and TeWinkle Parks are "crown jewel' parks in Orange County. He expressed his reservations of having a skate park at TeWinkle Park, as it is a park he has always considered a "peaceful', "tranquil' park, and asked Council to consider other locations for a skate park that would not disturb any residents. Donny Hunt, 267 Mesa Drive, Costa Mesa, suggested that the City consider a "Port -A -Potty" if the restroom facility is going to hold up the skate park being built at TeWinkle Park. David Stiller, 2879 Regis Lane, Costa Mesa, did not agree that the residents would be able to hear the skaters at the skate park, or that there would not be much foot traffic through the residential neighborhood. He also disagreed that TeWinkle Park would be built to its maximum capacity with the addition of a skate park. Steve Walker, 220 Knox Place, No. A, Costa Mesa, commented that "nobody wants a skate park in their backyard," and stated that this site is not in the backyard of the residents, and asked the Council to move forward with the TeWinkle Park site. Brad Applegate, 2134 Monrovia Avenue, Costa Mesa, agreed that TeWinkle Park is a great location for a skate park, and felt that noise would not be an issue. Donna Waggoner, 3036 Coolidge Avenue, No. 61, Costa Mesa, advised that the patrons of Bark Park use "outhouses" for restroom facilities, and should be sufficient for patrons of a skate park. She asked that Council "get the ball rolling". Ed Keane, 2777 Lorenzo Avenue, Costa Mesa, stated that he walks through TeWinkle Park every Sunday, and there are people using the green space for picnics, playing volleyball, and throwing Frisbees. He commented that he did not understand why Fairview Park was not a viable location for the skate park. John Rittenhouse, 966 Presidio Drive, Costa Mesa, commented that the City is trying to turn TeWinkle Park into an "all things for all people" park, and that it already accommodates its limit of athletic and recreational activities. He stated that adding anything else would distract from its fundamental beauty and tranquility. Mr. Rittenhouse agreed that a skate park is needed in the City, but that TeWinkle Park is not the best location. Council Member Mansoor felt that transportation to a skate park at TeWinkle Park and the additional parking are important issues that need to be addressed, and funding of the park needs to be clearly identified. Mayor Pro Tem Steel expressed his appreciation of the comments made by the public. He did not agree that TeWinkle Park is the best venue for a skate park and suggested that the City of Newport Beach should also be involved in a joint venture for a skate park, he - 5 added that the west side would be a good location for a park and offered that it should be located in a commercial area of the City, away from a residential neighborhood. Council Member Cowan advised that it was not her intention to see the Mobile Skate Park operation reduced in order to provide staffing for the skate park, and that staffing at the facility was not necessary. Upon confirming with the Recreation Manager that the, sharing of the parking lot off of Arlington Drive was a consideration, she suggested separate entrances for bark park and the skateboard park, reiterating the need for additional parking at this site. She expressed concern with the proposed size of the skate park. Motion to Continue A motion was made by Council Member Cowan to continue this Died item, and direct staff to create a footprint of the park, to identify a restroom facility, and provide additional detail on the operational issues, died for lack of a second. Mayor Monahan advised that he would like to proceed and not delay the project due ' the lack of restrooms and proposed utilizing temporary facilities until a permanent facility could be built. MOTION/Approved A motion was made by Mayor Monahan, seconded by Council TeWinkle Park as Member Scheafer, and carried 3-2, Mayor Pro Tem Steel and Site Council Member Mansoor voting no, to approve designation of TeWinkle Park as the first permanent skate park; staff was directed to initiate design and development of a proposal for operations including parking, a restroom option, and design options with a 15,000 square foot maximum skate park. MOTION/Gave On motion by Mayor. Monahan, seconded by Council Member Direction to Staff Scheafer, and carried 3-2, Mayor Pro Tem Steel and Council Member Mansoor voting no, staff was directed to shift all resources from the efforts to build a skate park at the Newport -Mesa facility to the development at the TeWinkle Park site. MOTION/Gave Further On motion by Mayor Monahan, seconded by Mayor Pro Tem Steel, Direction to Staff for an and carried 4-1, Council Member Mansoor voting no, staff was Additional Park directed, at the conclusion of the development at TeWinkle Park, to look at locations for an additional park; and continuation of the Mobile Skate Park was approved. RECESS The Mayor declared a recess at 11:50 p.m., and reconvened the meeting at 12:00 a.m. NEW BUSINESS The Deputy City Clerk presented a Letter of Agreement between Letter of Agreement the Costa Mesa City Employees Association (CMCEA) and the City CMCEA of Costa Mesa extending the 2001-03 Memorandum of Understanding for 12, months. The Principal Personnel Analyst reviewed the Agenda Report dated August 18, 2003. MOTION/Approved On motion by Council Member Cowan, seconded by Council Letter of Agreement Member Scheafer, and carried 5-0, the Letter of Agreement was approved. NEW BUSINESS The Deputy City Clerk presented the Parks and Recreation TeWinkle Park Lake Commission recommendation of additional improvement options for Upgrade Project the TeWinkle Park Lake Upgrade Project. A communication was received from Kurt Mueller, r2744 Mendoza Drive, Costa Mesa, asking that Council consider the neighbors surrounding TeWinkle Park. The Public Services Director reviewed the Agenda Report dated October 9, 2003; and responded to questions from Council. MOTION/Provided On motion by Council Member Cowan, seconded by Council Direction to Staff Member Mansoor, and carried 5-0, staff was directed to remove improvement option Nos. 1, 2, and 4, and return with funding options for improvement option Nos. 3, 5, 6, 7, 8, and 9, including annual maintenance costs. NEW BUSINESS The Deputy City Clerk presented a resolution supporting a Resolution Supporting statewide ballot initiative to allow voters to decide whether local tax Statewide Ballot funds may .be taken, confiscated, shifted, diverted, or otherwise Initiative used to fund state government operations and responsibilities. The Legislative and Public Affairs Manager reviewed the Agenda Report dated October 6, 2003. Mayor Pro Tem Steel advised that he attended the League of California Cities Conference, and asked that Council adopt the resolution. Council Member Mansoor announced that the City of Costa Mesa has lost more than 55 million dollars based on shifts, diversions, and taking of revenues by the State of California. Council Member Scheafer commented he also attended the League of California Cities Conference, and the vote was unanimous in support of this resolution. MOTION/Adopted A motion was made by Council Member Scheafer, seconded by Resolution 03-68 Mayor Pro Tem Steel, and carried 5-0 to adopt Resolution 03-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. NEW BUSNESS The Deputy City Clerk presented appointments to Child Care and Committee Appoint- Youth Services Committee; Historical Preservation Committee; ments Human Relations Committee; and Investment Oversight Committee; and to , determine whether to retain or disband the Advisory Committee of Teens (ACT). The Management Analyst reviewed the Agenda Report dated October 7, 2003. MOTION/Appointed On motion by Council Member Scheafer, seconded by Mayor Segalla and Monahan, and carried 5-0, Marianne Segalla and Toby Banahasky Banahasky were appointed to the Child Care and Youth Services Committee. MOTION/Appointed On motion by Mayor Monahan, seconded by Mayor Pro Tem Steel, Orton and McQueen and carried 5-0, William Orton and John McQueen were appointed as regular members to the Historical Preservation Committee. MOTION/Appointed On motion by Mayor Pro Tem Steel, seconded by Mayor Monahan, Nakai, Ahlf, and Arnold and carried 5-0, Dr. George Nakai, Karl Ahlf, and Louisa Arnold were appointed as alternates to the Human Relations Committee. MOTION/Appointed On motion by Mayor Monahan, seconded by Council Member Shaw Scheafer, and carried 5-0, Terry Shaw was appointed to the Investment Oversight Committee. MOTION/Continued A motion was .'rnade by Council Member Cowan, seconded by ACT Decision Mayor Monahan, ani+ -carrier! 0-0, to continue the decision on the Advisory Cbmmitte_e= af_T,cens-=te the meeting of November 17, 2003. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Title 15, Local Vendor Chapter V, Article 2, Section 2-171(e) of the Costa Mesa Municipal Preference Code regulating purchases, and a resolution relating to the provision of a local preference in the purchase of supplies, equipment and services to be effected when the ordinance goes into effect. Communications were received from Judi Berry, (via email), in support of the proposed local preference ordinance and Ed Fawcett of the Costa Mesa Chamber of Commerce, 1700 Adams Avenue, Suite 101, Costa Mesa, requesting that Council change the word from "local preference" to "Costa Mesa preference." The Acting City Attorney reviewed the Agenda Report dated October 10, 2003 MOTION/ Gave A motion was made by Mayor Monahan, seconded by Council Ordinance 03-11 First Member Cowan, and, carried 5-0, Ordinance 03-11 was given first Reading/Adopted reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Resolution 03-69 OF COSTA MESA, CALIFORNIA, AMENDING TITLE 15, CHAPTER V, ARTICLE 2 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE PROVISION OF A CITY OF COSTA MESA VENDOR PREFERENCE IN THE PURCHASE OF SUPPLIED, EQUIPMENT AND SERVICES, second reading and adoption are scheduled for the meeting of November 3, 2003; and Resolution 03-69 was adopted: A RESOLUTION OF THE CITY- ITY-COUNCIL COUNCILOF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO THE PROVISION OF A CITY OF COSTA MESA PREFERENCE IN THE PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES. CITY ATTORNEY The City Attorney presented a request for a closed session on the REPORT following matter: Pursuant to Section 64956.9(a) of the California Government Code a closed session has been scheduled for the City Council to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation in the case of Rutter Development Corporation v. City of Costa Mesa, Case No. 03CC09792. Closed Session not It was unanimously agreed that a Closed Session on the above held mentioned matter need not be held. COUNCIL Mayor Pro Tem Steel stated he received a copy of a resolution COMMENTS adopted by the City, of Westminster City Council opposing the recent legislation to provide California Driver's Licenses to illegal aliens, and the support of a repeal. He asked that the City Manager put together a similar resolution for Council to adopt. ADJOURNMENT The Mayor declared the meeting adjourned at 12:29 a.m. Ma the City of Costa Mesa ATTEST: Deputy tytierk offhe City of Costa Mesa 1 1 1