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HomeMy WebLinkAbout12/06/2004 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 6, 2004 The City Council of the City of Costa Mesa, California, met in regular session December 6, 2004, 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 the United States Air Force Auxiliary Civil Air Patrol, and a moment of silence was observed. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Allan Mansoor Council Member Cowan Council Member Scheafer Council Member Steel Council Members Absent: None Officials Present: City Manager Allan Roeder Assistant City Manager Steve Hayman City Attorney Kimberly Hall Barlow Development Services Director Donald Lamm Public Services Director William Morris Acting Administrative Services Director Howard Perkins Transportation Services Manager Peter Naghavi Recreation Manager Jana Ransom Senior Planner Claire Flynn Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Scheafer, seconded by Council November 15, 2004 Member Cowan, and carried 5-0, the minutes of the regular meeting of November 15, 2004, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Council Member Scheafer, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan congratulated Julie Folcik, Ruth Delaney, and Employees of the Marian Stueve of the City Clerk's Office, and Cyndy West, Month Purchasing Supervisor, of the Finance Department, naming them Employees of the Month. He commended the City Clerk's Office on demonstrating a positive and helpful approach to assisting the public and other staff members at City Hall as well as their work during the early voting that took place during the election period. He also commended Cyndy West for her leadership as the Purchasing Supervisor, which enabled Costa Mesa to join forty-five cities in the country that have received the "Excellence in Procurement Award" four times. He added that her dedication and foresight has saved the taxpayers approximately $2,000,000.00 by streamlining and simplifying the purchasing procedures. PRESENTATION Mayor Monahan presented the Mayor's Award to Mary Bigelow for Mayor's Award her heroism in witnessing a subject who became physically violent with Police Officer Johnson. Her assistance helped in apprehending the subject, and preventing further harm to the officer. Mayor Monahan thanked her for her courage and the support she had given the officers in the line of duty. PRESENTATION Diane Doyle from the Cultural Arts Committee gave a presentation, Cultural Arts reviewing the Committee history, membership, accomplishments, Committee goals and 'objectives, and upcoming activities. She stated that the Committee currently has three vacancies and one alternate vacancy.' PRESENTATION Orange County Superior Court Judge Karen Robinson made a 2005 Grand Jury plea for members of the community to volunteer to become Recruitment Drive members of the Orange,County Grand Jury, indicating that it is a one-year commitment. She provided applications and a website address www.ocgrandou!y.org for those interested in participating. Council Member Cowan requested that the information be provided on Channel 24. PUBLIC COMMENT Robert Graham, Costa Mesa, thanked Council Member Cowan, Council Praise and Council Member Scheafer, and Council Member Steel for their Welcome years of service. He also congratulated and welcomed the newly elected Council Members. The following individuals also expressed their thanks to the Council Members ,and welcomed the new Council: Tom Eagan; Rachel Barnes, President of the Bark Park Association, thanked the City Council for their support and attention over the past years. Habitat for Humanity Hildegard Gonzalez, Costa Mesa, expressed concern that a social service was being abused stating that she believed people were residing in the garage of a dwelling located in her neighborhood, built by Habitat for Humanity. She asked that Council investigate. In response to a question from Mayor Pro Tem Mansoor, the Development Services Director advised that Code Enforcement has investigated the complaint and has not found the situation to exist. 19th Street Crossing Richard Reiser, Newport,Beach, clarified his request that the Costa Problem Mesa Police Department enforce pedestrian safety on the sidewalks and crosswalks pursuant to previously stated vehicle code sections, referring to an incident that took place several years ago at the, intersection of West 19th Street and Wallace Street that involved a:City employee. Illegal Immigrants Dave Salc'edo, Costa Mesa, thanked Council Member Steel for his last four years of service, and supported his position in regards to illegal immigrants. Martin Millard, Costa Mesa, reported that day -workers are loitering on 17th Street, Placentia Avenue, and Hamilton Street near Raleigh Avenue. He suggested 'that the Police Department cite the day - workers in order to discourage them from loitering and soliciting work. Job Center Phil Morello, Costa Mesa echoing Mr. Millard's Comments stated he has also observed loitering on Placentia Avenue. He commented that he believes that the primary purpose of the Job Center was to remove people from loitering on the streets but felt that it had failed to do so. He suggested that Council consider eliminating the Job Center. Paul Flannigan, Costa Mesa, provided his comments regarding the Job Center, stating he believed that the center should be open longer hours in order to better accommodate the day -workers. He commented that not all the loiterers were illegal immigrants and advised complaints be directed to a congressman, as the issue was not the responsibility of the Costa Mesa Police Department. Arts and Humanities Charlene Ashendorf, Costa Mesa, addressed comments made by Month Proclamation Mayor Pro Tem Mansoor in relation to the Arts and Humanities Month Proclamation at the City Council meeting of October 18, 2004. She objected to his position regarding the National Endowment for the Arts (NEA). Ms. Ashendorf clarified that the National Arts and Humanities (NAH) organization, sanctioned by the President, is not directly connected to the NEA, and pointed out that the President had proclaimed October as National Arts and Humanities Month. Mayor Pro Tern Mansoor commented that his October 18, 2004, observations were valid, but offered to reply to Ms. Ashendorf at a future date. East Side Rachel Perez Hamilton, Costa Mesa, expressed concern about Development over development and believed there was a lack of environmental consideration, particularly in East Costa Mesa. She suggested that developers should be made to include sufficient parking and a play area for the homeowner's children in their development. She addressed traffic and safety issues in her neighborhood and noted that the streets from Mesa Verde Drive to East 20th are congested with parked cars. Harbor Boulevard Sandra Genis, Costa Mesa, expressed concern about the negative Street Improvements declaration regarding Harbor Boulevard street improvements occurring between Gisler Street and Sunflower Avenue. Reporting that it states that if noise issues arise due to the work to be performed at night, the issue would be addressed that time. She urged to addressing the noise issue before the work begins, in order to prevent the City from receiving numerous complaints from the residents affected. In response to a question from Mayor Monahan, the Transportation Services Manager confirmed that a public open house will be conducted in the Council Chambers from 5:00 p.m. to 7:00 p.m. on Tuesday, December 7, 2004, for the Harbor Boulevard Street Improvements Project. He stated that staff and CalTrans would be in attendance providing information and answering questions. The Deputy City Clerk presented the declaration of the results of the General Municipal Election. GENERAL The Mayor expressed his gratitude to Council Member Cowan, MUNICIPAL Council Member Steel and Council Member Scheafer for their ELECTION dedication and public service. He also congratulated Council Council Comments Member Scheafer on is new endeavor as Board President of the Costa Mesa Senior Center. Mayor Pro Tem Mansoor expressed his gratitude to Council Members Cowan, Steel and Scheafer for their dedication and public service as our Council Members and wished them the best. Council Member Cowan thanked the community for their support, time and talents during her eight years as an elected representative and four years as Planning Commissioner; the committee members with whom she worked with, including the groups that worked on Fairview Park; Relief Costa Mesa; Orange County Engineers; Fairview Advisory Committee; Fairview Friends; the Advisory Committee of Teens; the Human Relations Committee; the Cultural Arts Committee; the Ad Hoc Library Committee that she worked with as they studied the issues of library service; and the Westside Revitalization Oversight Committee (WROC). She stated the WROC Committee has prepared solid recommendations and encouraged Council to give them an opportunity to work before making major changes. She thanked the following people for their support: Nadine Andrean; Hank Panion; Jane Dick and Stella Hacker; Parks and Recreation Commissioner, Mirna Burciaga; former Planning Commissioner Katrina Foley; the City 'Manager, Allan Roeder, for all his help, guidance and support in her efforts to improve the community; her Council colleagues who in their belief are working for the best of the community. She gave special thanks to her domestic partner, Rebecca, 'for her love and support; and lastly to the City of Costa Mesa for twelve great years. Council Member "Steel congratulated the incoming Council Members. He expressed thanks to Council Members and stated that he felt very privileged to have sat on the dais for four years with Council Member Cowan, Council Member Scheafer and hopes they will continue to be involved. He expressed his appreciation to City Manager Allan Roeder and his staff for their professiorialism and dedication. He noted his pride to have served as the liaison to the Human Relations Committee and concluded his comments with a closing thank you to all. Council Member Scheafer noted that when he was appointed, his goal was; to make a mark on Costa Mesa and felt he had accomplished that, although having held the shortest term as Council Member in the history of Costa Mesa. He commended the staff on their excellent service; thanked Chris Goldsworthy, Diedre Newman of the Daily Pilot and his family. The Deputy City Clerk recited the facts of the General Municipal Election held November 2, 2005. She reported that there were twelve qualified candidates for the three seats available on the City Council: Bruce Garlich, Linda Dixon, Katrina Foley, Terry Shaw, Mike Scheafer, Chris Steel, Mike Clifford, Sam Clark, Dick Carroll, Karl Ahlf, Eric Bever, and Mirna Burciaga. She announced that of the 55,570 registered voters in Costa Mesa that the total amount of votes cast was 39,192 and that the top three candidates to succeed to the City Council were Katrina Foley, Linda Dixon and Eric Bever. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 04-81 Member Steel, and carried 5-0, Resolution 04-81 was adopted: A Declaring Results RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2004, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. The Deputy City Clerk gave the Oaths of Office to the newly elected Council Members: Council Member Katrina Foley, Council Member Linda Dixon and Council Member Eric Bever, and presented them with their Certificates of Election. Council Member Katrina Foley, Council Member Dixon and Council Member Bever thanked the voters, their supporters, campaign 1 teams and families. RECESS The Mayor declared a recess at 7:45 p.m., and reconvened the meeting at 8:00 p.m. CONSENT' The following items were removed from the Consent Calendar: CALENDAR Item No. 8, Budget Adjustment No. 05-036 for $26,929.00 for the California Integrated Waste Management Tenth Cycle Used Oil Recycling Block Grant and Item No. 13, Resolution granting an additional designated period for two years additional service credit. MOTION/Approved On motion by Mayor Pro Tem Mansoor, seconded by Council Except Items Nos. 8 Member Dixon, and carried 5-0, the remaining Consent Calendar and 13 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims received by the Deputy City Clerk: City of Huntington Beach; Fred M. Hitchcock; Duane Staton Kashma; Michaela Martinez; and Anna Stuart. Alcoholic Beverage Request for Alcoholic Beverage Control Licenses were received Control Licenses from: Mariscos Hector, 2263 Fairview Road, Suite G, for a person-to- person transfer of an existing Type 41 ABC License (on -sale beer and wine for a bona fide eating place). TK Burgers, 615 We' St, 19th Street, for an original Type 41 BAC License (on -sale beer and wine for a bona fide eating place). Follow-up Reports The following concerns received follow-up reports from staff: Response to a question by Adam Pope from the Council Meeting of October 4, 2004, regarding why BMX bicycles will not be allowed in the new Skate Park. Response to a complaint by Tiny Hyder regarding construction at 2172 Myran Drive (Minor Design Review ZA-04-15), which allegedly resulted in an auto/bicycle collision. Response to concerns voiced by Rich Reiser regarding safety of pedestrians at the intersection of 19th Street and Monrovia Avenue. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 2032, funding City operating expenses for 2032 $273,516.43. Approved Warrant Warrant Resolution 2033, funding Payroll No. 424 for 2033/Payroll 424 $2,137,587.03, and City operating expenses for $810,830.25, including payroll deductions. Approved Warrant Warrant Resolution 2034, funding City operating expenses for 2034 $1,034,802.57. ADMINISTRATIVE Regarding Annual Review of Development Agreement DA -04-03 ACTIONS/Determined for John Krappman, authorized agent for FSP Two Town Center, Good Faith Compli- LLP, for the annual review of the Two Town Center Development ance DA-00.-04/FSP (DA -00-04), located at 655 Anton Boulevard, relating to the Two Town Center, LLC demonstration of good faith compliance of said development agreement. Environmental Determination: Exempt. Council determined and found that Commonwealth Capital Management, LLC, on behalf of FSP Two Town Center, LLC, has demonstrated good faith compliance with the terms and conditions of Development Agreement DA -00-04; and future periodic reviews was delegated to the Planning Commission, with formal periodic review to be conducted every two years. Determined Good Regarding Annual Review of Development Agreement DA -04-04 Faith Compliance DA- for Philip Schwartze, authorized agent for BRE/South Coast 99-01/McCarthy Cook LLC/McCarthy Cook, for the annual review of the South Coast & Company --South Metro Center Development Agreement (DA -99-01), located at 475 - Coast Metro, LLC and 595 (odd numbers only) Anton Boulevard, relating to the BRE/South Coast, demonstration of good faith compliance of said development LLC. agreement. Environmental Determination: Exempt. Council determined and found .that McCarthy Cook & Company -South Coast Metro, LLC, and BRE/South Coast, LLC, have demonstrated good faith compliance with the terms and conditions of Development Agreement DA -99-01; and future formal periodic reviews was delegated to the Planning Commission, and allow the next formal review to ,occur when hotel development activity begins. Refunded Cash Regarding street improvements at 600 Town Center Drive by Deposit of South Coast Plaza, P.O. ;Box 1440, Costa Mesa, in connection with $103,050.75/En- Encroachment Permit No. PS -04-00375 was completed. The work croachment Permit No. was accepted; authorization was given to refund the cash deposit PS -04-00375 of $103,050.75. Approved Budget Budget Adjustment No. 05-036 for $26,929.00, -was approved for Adjustment No. 05-036 the California Integrated Waste Management Tenth Cycle Used Oil Recycling i Block Grant, to recognize the grant revenue and appropriate funds for continuation of the used oil residential pickup program and the promotion and advertising of the City's used oil and oil filter recycling programs. Accepted FEMA Grant A grant from Federal Emergency Management Agency (FEMA), for for $6,333.00 $6,333.00, for Community Emergency Response Team (CERT) Program and Citizen Corps expenditures was accepted. Approved Budget Budget Adjustment No. 05-039 for $6,333.00, to appropriate the Adjustment No. 05-039 grant funds to the Fire Department operating budget, was approved. Accepted Donation of Donation of $18,000.00, to the Police Department from a private $18,000.00 citizen was accepted. Approved Budget Budget Adjustment No. 05-037 for $18,000.00 to appropriate the Adjustment No. 05-037 donated funds for the purchase of patrol rifles, was approved. Adopted Resolution Resolution 04-82 was adopted: A RESOLUTION OF THE CITY 04-82 Authorizing the COUNCIL' OF THE CITY OF COSTA MESA, CALIFORNIA, Transportation AUTHORIZING THE TRANSPORTATION SERVICES MANAGER Services Manager to TO EXECUTE THE NECESSARY AGREEMENTS TO RECEIVE Execute Necessary FUNDS UNDER THE CALIFORNIA SAFE ROUTE TO SCHOOL Agreements (ST2S) PROGRAM (State Funded Projects Agreement and Program Supplement Agreement), authorizing the. Transportation Services Manager to receive $86,130.00 in program funds. Approved Amended An amended VantageCare Retirement Health Savings Program VantageCare was approved to establish a defined contribution plan to augment Retirement Health the retiree medical benefits to be provided to current and future Savings Program employees of the City (the employee and the City each make a 1 percent of base salary contribution to the plan on a cost-sharing basis), retroactive to January 1, 2004, the Mayor was authorized to sign on behalf of the City, and the Director of Finance (as Plan Trustee) was authorized to execute all documents necessary to adopt the amendment. Adopted Resolution Resolution 04-83 was adopted: A RESOLUTION OF THE CITY 04-83 Adopting an COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Amendment to the ADOPTING AN AMENDMENT TO THE VANTAGECARE VantageCare RETIREMENT HEALTH SAVINGS PROGRAM ADOPTION Retirement Health AGREEMENT AND AUTHORIZING THE CITY'S FINANCE Savings Program DIRECTOR TO SERVE AS PLAN ADMINISTRATOR AND TO IMPLEMENT THE AMENDED PLAN. Approved Agreement An agreement with Amtech Elevator Services, 1550 Sunkist Street, with Amtech Elevator Suite A, Anaheim, was approved for an initial five-year term, for an Services amount not to exceed $9,300.00 per year, and the City Manager was authorized to execute up to three additional one-year periods (not to exceed a maximum of eight years total), for an amount not the exceed $9,300.00 per year, contingent upon funds being budgeted in the subsequent years, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Budget Adjustment No, Item No. 8 on the Consent Calendar was presented: Budget 05-036 for $26,929.00 Adjustment No. 05-036 for $26,929.-00, for the California Integrated Waste Management Tenth Cycle Used Oil Recycling Block Grant, to recognize the grant revenue and appropriate funds for continuation of the used oil residential pickup program and the promotion and advertising of the City's used oil and oil filter recycling programs. Council Member Dixon pointed out that there are currently seventeen certified used oil collection centers in the City, and suggested the following to aid in public awareness: listing the centers on shopping bags, distributing flyers at gas stations, displaying the information on the Costa Mesa local channel 24 and the City website. In response to a question from Mayor Monahan, the Public Services Director reported that while the City is given suggestions from the State to identify target areas where they believe the advertising would be most effective, staff would provide the recommended suggestions to the State. MOTION/Approved On motion by Council Member Dixon, seconded by Mayor Pro Tem Budget Adjustment No. Mansoor, and carried 5-0, Budget Adjustment No. 05-036, for 05-036 for $26,929.00 $26,929.00, for the California Integrated Waste Management Tenth Cycle Used Oil Recycling Block Grant, to recognize the grant revenue and appropriate funds for continuation of the used oil residential pickup program and the promotion and advertising' of the City's used oil and oil filter recycling programs was approved. Resolution 04-84 Item No. 13 on the Consent Calendar was presented: A Granting Additional RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, Period for Two Years GRANTING AN ADDITIONAL DESIGNATED PERIOD FOR TWO Additional Service YEARS ADDITIONAL SERVICE CREDIT, for selected local Credit miscellaneous members of the California Public Employees Retirement System (CaIPERS). Mike Berry, Costa Mesa, commented that the employees who will be granted an additional two years of service credit, should work for those two additional years and that the burden should not be placed on 'the taxpayers. Council Member Foley ,explained that while the employees are willing to work the additional two years, they did not have an option due to Council decision to contract the services of the City Attorney's; Department. Sam Clark, Costa Mesa, concurred with Mr. Berry's comments, adding that a two-year, extension of benefits is an excessive amount. Mayor Monahan reported the State Legislature provides the option to displaced employee's,' to extend benefits to those that meet the requirements. Mayor Pro Tem Mansoor voiced his support of the resolution. MOTION/Approved On motion by Mayor , Pro Tem Mansoor, seconded by Council Resolution No. 04-84 Member Foley, and carried 4-1., Council Member Bever voting no, Granting Additional to approve Resolution No. 04-84: A RESOLUTION OF THE CITY Period for Two Years OF COSTA MESA, CALIFORNIA, GRANTING AN ADDITIONAL Additional Service DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL Credit SERVICE; CREDIT, for selected local miscellaneous members of the California Public Employees Retirement System (CaIPERS). OLD BUSINESS The Deputy City Clerk presented from the meeting of November Consolidation of 15, 2004, second reading and adoption of Ordinance 04-14, Access Appeals Board consolidation of Access Appeals Board and Building, Fire and and Building, Fire and Housing Board of Appeals. Housing Board of Appeals MOTION/Gave On motion by Council Member Dixon, seconded by Mayor Pro Tem Ordinance 04-14 . Mansoor, ; and carried 5-0, Ordinance 04-14 was given second Second Reading and reading and adopted: AN ORDINANCE OF THE CITY COUNCIL Adoption OF THE 'CITY OF COSTA MESA, CALIFORNIA, REGARDING CONSOLIDATION OF ACCESS APPEALS BOARD AND BUILDING, FIRE, AND HOUSING BOARD OF APPEALS. OLD BUSINESS The Deputy City Clerk presented from the meeting of November Increasing Salaries of 15, 2004,; second reading and adoption of Ordinance 04-15, City Council Members increasing salaries of City Council Members, from $828.00 per month to $952.00. Sandra Genis, Costa Mesa, commented that previously Council had cut the salaries during budgetary constraints by 25% and suggested. that Council consider the type of message this would send to the population in general. In response to a question from Council Member Foley, the City Manager reported that, the City is above revenue projections through the second quarter of this fiscal year. He indicated that Council would be updated on revenues and expenditures in the upcoming mid -year budget review. MOTION/Gave On motion by Mayor Monahan, seconded by Council Member Ordinance 04-15 Foley, and carried 4-1, Mayor Pro Tem Mansoor voting no, Second Reading and Ordinance 04-15 was given second reading and adopted: AN Adoption ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING SALARIES OF CITY COUNCIL MEMBERS, from $828.00 per month to $952.00. OLD BUSINESS The Deputy City Clerk presented Amendments to Council Policy Amendments to 000-6, City Newsletters, to reflect the new combined brochure Council Policy 000-6, Costa Mesa Community News and Recreation Review, and City Newsletters and Council Policy 100-7, pertaining to use of City Facilities and Waiver Council Policy 100-7, of User Fees. Use of City Facilities and Waiver of User The Assistant City Manager summarized the Agenda report dated Fees December 6, 2004, and responded to questions from the Council. In response to a question from Council Member Foley, the Assistant City Manager reported that this action would save the City approximately $80,000.00 to $100,000.00 in expenditures. In regards to Council Policy 000-6, Council Member Dixon expressed her disappointment in discontinuing the City's Newsletter, although understanding the need due to budgetary constraints. She suggested that the City Seal be added to the combined brochure, Costa Mesa Community news and Recreation Review, in order'to appeal to the residents that the contents are providing more than recreational information. MOTION/Approved On motion by Council Member Dixon, seconded by Mayor Pro Tem Amendments to Mansoor, and carried 5-0, the amendments were approved to Council Policy 000-6, Council Policy 000-6, City Newsletters, to reflect the new combined City Newsletters and brochure Costa Mesa Community News and Recreation Review; Council Policy 100-7, and Council Policy 100-7, pertaining to use of City Facilities and Use of City Facilities Waiver of User Fees. and Waiver of User Fees NEW BUSINESS The Deputy City Clerk presented a recommendation for the Consideration to consideration of staff time to conduct an acceptability study to Conduct an identify possible recreational uses for certain properties within the Acceptability Study City previously presented to Council at the meeting of July 7, 2004, and Allocation of as non -City owned government properties. The Public Services Funds for Concept Director summarized the Agenda report dated December 6, 2004, Plans correcting an error indicating that Council reviewed a staff report on this item in June of 2004 and not in July of 2004. The Mayor supported the recommendation to authorize staff to conduct the study, indicating that he does not recommend developing concept plans if the possibility of leasing or buying the properties is unlikely. Council Member Foley, regarding the Orange County Flood District property, suggested the site could be used for an inline skating or a skateboard park. In response to a question by Council Member Foley, the Public Services Director explained that funds are not being requested at this time, but that if the properties become available, staff will propose to return to the Council during the next budget consideration and list the property sites that will be acceptable for recreational uses. Council Member Bever suggested removing from the list of properties, the Coast Community College District, stating that the purchase price is approximately twenty-seven million dollars and the State of California Developmental Services property located on the corner of Harbor ,Boulevard and Fair Drive, mentioning the State's intent to build a; housing development. Council Member Foley supported moving forward with the recommendations, stating that this action will be a type of inventory of the properties and to identify the specific uses possible. The Mayor reiterated his support of the first recommendation and advised that once it ha's been determined which properties are feasible for active recreation, to then move forward developing concept plans. Byron DeArakal, Vice Chairman of the Parks and Recreation Commission, advised that due to the high demand and the limited number of fields available, ,the organized youth activities -place a stress on the current inventory of fields and parks. He encouraged that Council review the; proposed sites and determine whether they are acceptable for active recreational uses. In addition, he noted that the Parks and Recreation Commission are continuing to look at what schools are being under utilized. Sandra Genis, Costa Mesa, voiced her support of the recommendation, stating that previous surveys of park use indicated 'a public preference for passive types of recreational uses, i.e. picnicking and hiking. She reported that a bald eagle, a protected ; species, had visited a park in Costa Mesa near the Santa Ana River. She also suggested a library as a possible use for the Fairview Hospital site. Martin Millard, Costa Mesa, expressed opposition to funding of concept plans for properties that aren't on the market and suggested appointing 'a' land acquisition manager or forming an additional I committee, involving citizens, . to actively pursue properties -that can be leased or purchased. Beth Refakes, Costa Mesa, supported conducting an acceptability study, although, opposed fund allocation for consultants. She felt that the properties, which are not conducive to activities, would be easily identifiable. She suggested that a skate park could be a viable use' for the storage facility site, located on Bristol Street and owned by the Orange County Flood District, due to its central location. Council Member Foley suggested adding the elementary schools and the Monte Vista High School to the list of property sites to review. Council Member Dixon suggested that staff determine if increased activities on the school grounds are desired from the school district prior to developing concept plans. MOTION/Approved A motion was made by Mayor Monahan and seconded by Mayor Recommendation Pro Tem Mansoor to concur with the recommendation of the Parks and Recreation Commission as stated in the November 23, 2004, agenda report and to direct staff to conduct an acceptability study adding all the Costa Mesa elementary schools to the list of potential properties. Council Member Bever commented his reluctance to supporting the motion, stating that recreational activities are disruptive to residents.that live adjacent to the elementary schools. Council Member Foley requested the maker of the motion to revise the motion to include non-active recreational uses. In response to a question by Mayor Monahan, the City Manager suggested that if Council desires to include other properties, that discussion of options should be . a study session item or an agendized item. Mayor Monahan withdrew the motion. MOTION/Approved On motion by Mayor Monahan, seconded by Council Member Recommendation Bever, and carried 5-0, to concur with the recommendation of the Adding Three Parks and Recreation Commission as stated in the November 23, Additional Parcels 2004, agenda report, and directing staff to conduct an acceptability study to determine active recreational uses within Parcels 1 through 8, including the following school sites: Parsons Waldorf, Balearic, and Monte Vista High School. NEW BUSINESS/ The Deputy City Clerk presented a request from the Cultural Arts Signs of Support Committee to use Signs of Support funds: commit up to $3,530.00 Funds from the previously allocated Signs of Support funds to participate in the KOCE Butterfly Project; add the Butterfly Project to the 2004-05 Cultural Arts Committee Goals and Objectives; temporarily install one or two decorated butterflies outside the City Hall Council Chambers for six to eight weeks; sell the butterflies at the end of the installation with proceeds to be directed to the Cultural Arts Committee and, if they choose to participate, the Community Foundation, in proportionate ratio of funds invested; and an agreement with KOCE-TV Foundation approving participation in the project. The Recreation Manager summarized the Agenda Report dated December 6, 2004 and introduced Jamie Niles of the KOCE Butterfly Initiative Project to speak about the project and answer questions from the Council. Ms. Niles reported that the initiative would be officially launched February 5, 2005; that California Senate recently passed a California Western Monarch Butterfly Day, she indicated that the butterfly is the emblem and the goal of the program is to unite the county around common themes of importance, encouraging creativity, education and engaging communities of all ages and ethnic groups. MOTION/To approve A motion was made by Council Member Dixon, seconded by Recommendations Council Member Foley, and carried 4-1, Mayor Pro Tem Mansoor voting no, to commit up to $3,530.00 from the previously allocated Signs of Support funds to participate in the KOCE Butterfly Project, to add the Butterfly Project to the 2004-05 Cultural Arts Committee Goals and Objectives; to temporarily install one or two decorated butterflies outside the City Hall Council Chambers for six to eight weeks; to sell the butterflies at the end of the installation with proceeds to be directed to the Cultural Arts Committee and, if they choose to participate, the Community Foundation, in proportionate ratio of funds invested was approved; and an agreement with KOCE-TV Foundation approving participation in the project; was approved and the City Manager was authorized to sign on behalf of the City. Mayor Pro Tem Mansoor in explaining his opposition to the motion, felt that art should be privately funded, that the funds are public funds regardless of how the funds were obtained and that focus should be'on public safety and infrastructure repairs. NEW BUSINESS/ The Deputy City Clerk presented General Plan Screening Request General Plan GPS -04-02 for 2218 ; Canyon Drive to change the land use Screening Request designation from Medium Density Residential (R2 -MD) to High GPS -04-02 -For 2218 Density Residential (R2 -HD). The Senior Planner summarized the Canyon Drive Agenda report dated December 6, 2004. Tim Johnson, TJ Design, applicant for the project, expressed his desire to develop the 'property of 2218 Canyon Drive. He emphasized that it would be better economically to build four units instead of only three, that the percentage of coverage on the property is less than the adjacent properties, and encouraged Council to, excuse the 122 square feet that is short in the current development plan. In response to a question from Council Member Foley, the Senior Planner confirmed a four -unit development with the existing lot size would require a general ,plan amendment that recognizes the site specific density for the particular property, and added that a variance cannot be granted or processed for a general plan screening request. The Mayor acknowledged that in 1990 the General Plan reduced the densities on the site, noting that this particular site is surrounded by five -unit developments and that the applicant is unable to! build to the' densities that surround it because of the change in; the General' Plan. He remarked that if Council was to approve the applicant's request and he were to build four units, the approval would be restoring the rights that the property held prior to 1990. The Senior' Planner confirmed that if the Council approved the request, the approval would re -designate the property as high-density residential, and it would reflect the densities that the City' had prior to the 1990 General Plan Amendment, and would therefore not be consistent with the current densities. Council Member Foley believed that the goal of the general plan and rezoning of the area was to change it to a lower -density, adding that she is hesitant to approve the screening without further Council Member Dixon opined that art is an important role in the lives of everyone, and expressed her enthusiasm that the Cultural Arts Committee was moving forward with the project. NEW BUSINESS/ The Deputy City Clerk presented an ordinance adding Costa Mesa Gave First Reading to Municipal Code Section' 2-15 pertaining to restrictions for use of Ordinance 04-16 the City Seal and penalties for misuse thereof. The City Attorney summarized the agenda report dated December 6, 2004. MOTION/Gave A motion: was made by Council Member Bever, seconded by Ordinance 04-16 First Mayor Pro Tem Mansoor, and carried 5-0, to give first reading to Reading Ordinance 04-16, AN ORDINANCE OF THE CITY COUNCIL OF THE, CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 2-15 TO THE COSTA MESA MUNICIPAL CODE PERTAINING TO RESTRICTIONS FOR USE OF THE CITY SEAL AND PENALTIES FOR MISUSE THEREOF; and approved the amendment to City Council Policy 000-10,; pertaining to restriction on use of the City Seal. Second reading and adoption are scheduled for the meeting of January 3, 2005. , . NEW BUSINESS/ The Deputy City Clerk presented General Plan Screening Request General Plan GPS -04-02 for 2218 ; Canyon Drive to change the land use Screening Request designation from Medium Density Residential (R2 -MD) to High GPS -04-02 -For 2218 Density Residential (R2 -HD). The Senior Planner summarized the Canyon Drive Agenda report dated December 6, 2004. Tim Johnson, TJ Design, applicant for the project, expressed his desire to develop the 'property of 2218 Canyon Drive. He emphasized that it would be better economically to build four units instead of only three, that the percentage of coverage on the property is less than the adjacent properties, and encouraged Council to, excuse the 122 square feet that is short in the current development plan. In response to a question from Council Member Foley, the Senior Planner confirmed a four -unit development with the existing lot size would require a general ,plan amendment that recognizes the site specific density for the particular property, and added that a variance cannot be granted or processed for a general plan screening request. The Mayor acknowledged that in 1990 the General Plan reduced the densities on the site, noting that this particular site is surrounded by five -unit developments and that the applicant is unable to! build to the' densities that surround it because of the change in; the General' Plan. He remarked that if Council was to approve the applicant's request and he were to build four units, the approval would be restoring the rights that the property held prior to 1990. The Senior' Planner confirmed that if the Council approved the request, the approval would re -designate the property as high-density residential, and it would reflect the densities that the City' had prior to the 1990 General Plan Amendment, and would therefore not be consistent with the current densities. Council Member Foley believed that the goal of the general plan and rezoning of the area was to change it to a lower -density, adding that she is hesitant to approve the screening without further reviewing the information or the minutes that reflect the rationale or basis of the rezone. The City Attorney confirmed for Council Member Foley that this item could be addressed during the general plan screening dates. Sandra Genis, Costa Mesa, expressed her support of the recommendation to reject the screening based on inconsistency with the acceptance criteria. She supported upholding the general plan and voiced her opposition in making exceptions for the applicant, suggesting that the applicant consider the project under the density bonus policy. Mr. Johnson stated he was unaware of a density bonus program, and emphasized that the architecture of the development would be complimentary to the neighborhood and not a detriment. MOTION/To Accept A motion was made by Mayor Monahan to accept for processing Died general plan screening request GPS -04-02 for 2218 Canyon Drive. The motion died for lack of a second. MOTION/To Continue A motion was made by Council Member Foley to continue the Died General Plan request GPS -04-02, for 2218 Canyon Drive to the next general plan screening, allowing the applicant to work with staff to consider other alternatives. The motion died for lack of a second. MOTION/Rejected A motion was made by Mayor Pro Tem Mansoor, seconded by General Plan Council Member Foley, and carried 4-1, Mayor Monahan voting no, Screening Request to reject the general plan screening request based on GPS -04-02 inconsistency with the acceptance criteria specified City Council Policy 500-2. Mayor Monahan explained his opposition with the motion, stating that he disagreed that the property owner understood the "ramifications" when the property was purchased. NEW BUSINESS/ The Deputy City Clerk presented General Plan Screening Request General Plan GPS -04-03 for 675 Anton Boulevard to allow construction of a Screening Request residential condominium project within Two Town Center. Senior GPS -04-03 Planner, Claire Flynn, summarized the Agenda reportdated December 6, 2004. Mr. John Krappman, representing the applicant, Common Wealth Capital Management and the ownership of FSP -Two Town Center, believed that the project promoted principles of smart growth and urban planning in a fashion that is consistent with existing development already on site. He indicated that conceptual plans were not finalized, but that a high rise luxury residential tower consisting of approximately one hundred and seventy units, is envisioned to be located west of Park Center Drive. He noted that although the staff report indicates the Two Town Center area parcel is 6.2 acres, he pointed out that the entire parcel area is approximately 20 acres. Sandra Genis, Costa Mesa, advised continuing the item, stating that information isn't specified as to the kind of densities and the exact number of units. Martin Millard, Costa Mesa, concurred with Ms. Genis, reiterating that the information is not specified enough. The Development Services Director explained to the Council that decisions relating to the development of the project area would be brought back for Council approval in all phases of the development and stated that until a developer provides something for the City to start working with, a position on the general plan can not be formulated, emphasizing that the developer will not go forward until the Council processes: the screening request. He confirmed that the environmental impact report is paid by the applicant in its entirety. MOTION/Accepted A motion was made by Mayor Pro Tem Mansoor, seconded by General Plan Council Member Bever, and carried 5-0, to accept the General Screening Request for Plan Screening Request GPS -04-03 for 675 Anton Boulevard to Processing allow construction of a residential condominium project within Two Town Center, for processing. NEW BUSINESS/ The Deputy City Clerk presented a request from Mayor Monahan Cancellation of from the meeting of December 3, 2004, for cancellation of the Regularly Scheduled regularly scheduled meetings in December 2004 for City Council Meetings in December and the Planning Commission. Mayor Monahan presented a summary of his request,, stating he was interested in staff looking at the possibility of permanently canceling. the second regular City Council meeting in December and the second Planning Commission meeting in December. MOTION/To Cancel A motion was made by Mayor Monahan, seconded by Mayor Pro Second Meetings in Tem Mansoor, and carried 5-0, to cancel the second regular City December Council meeting and the second Planning. Commission meeting in December 2004. MOTION/Directed A motion by Mayor Monahan, seconded by Council Member Foley, Staff To Research and carried 5-0, to direct staff to research the means to Means to Permanently permanently cancel the second meetings in December for the City Cancel Second Council and the Planning Commission. Meetings in December NEW BUSINESS/ The Deputy City Clerk presented a request from .Mayor Monahan Planning Commission for review of Council Policy 000-2.5 pertaining to Planning and Parks and Rec- Commission and Parks and Recreation Commission appointments. reation Commission Appointments Mayor Monahan expressed that this item was to provide the opportunity for the Council to review Council Policy 000-2.5 with regards to the process "for appointing Planning Commissioners and Parks and Recreation Commissioners, and to provide the opportunity to modify the process, if it is desired. Mayor Pro Tem Mansoor believed there was opposition from the community to direct appointments from the Council and felt that reverting to the former process of general voting among the Council was in the best interest of the public. Martin Millard, Costa Mesa, recommended retaining the current process of commission appointments. The following members' of the public addressed the Council in support of changing the ,process: Sandra Genis, Costa Mesa, felt that it would create a geographical balance, eliminate "corruption", and alleged that commissioners vote based on the way their appointing Council member would vote; Beth Refakes, Costa Mesa, pointed out that it allows the opportunity for interested residents 'to apply, which will promote fresh ideas, providing different perspectives and a better balance; and Sam Clark, Costa Mesa. ' Council Member Foley opposing the former process, stressing that the Commissioners are an independent body despite its Council appointees and encouraged retaining the current process. The City Manager pointed out that the change in the process would require change in the existing ordinance, which would become effective the first regular meeting in February; this would be the first opportunity to make appointments on a majority basis. He presented another possible option in which to expedite the process by adopting an urgency ordinance and a regular ordinance. He also pointed out that if Council retains the current process, appointments to the commissions would be made at the second regular meeting in January. Council Member Dixon expressed opposition of reverting to the former process; suggested that staff allow community members to apply by December 21, 2004, and that interviews take place thereafter, emphasizing the importance for Council to make selections from a candidate list of applicants, who have submitted a resume and a letter of interest. MOTION/To Conduct A motion was made by Mayor Pro Tem Mansoor to authorize a Special Meeting Special City Council Meeting to be held on December 13, 2004, to Died discuss a general voting process in the selection of Planning Commissioners, discontinuing the use of direct appointments; directed staff to prepare the appropriate ordinance and Council policy, and directed staff to provide examples of policy and procedures to follow for a general voting process. Motion died for lack of a second. MOTION/To Retain A motion was made by Council Member Dixon, seconded by Current Process of Council Member Foley, to retain the current policy; request staff to Appointments advertise in the newspaper, television and website; request the applicants to indicate a preference of the commission in interest and attach a resume indicating their experience in a particular area; that Council select commissioners from a list of potential candidates who have submitted a letter of interest and from the current commissioners who have indicated their willingness to continue to serve and who have submitted a letter of interest. A substitute motion was made by Mayor Pro Tem Mansoor, to authorize a Special City Council Meeting to be held on December 13, 2004, to discuss a general voting process in the selection of Planning Commissioners, discontinuing the use of direct appointments; directed staff to prepare the appropriate ordinance and Council policy, and directed staff to provide examples of policy and procedures to follow for a general voting process. Mayor Monahan requested that the motion be amended to include that staff immediately begin recruitment with applications due December 21, 2004. The amendment was approved by Mayor Pro Tem Mansoor and Council Member Bever, as makers of the motion. Council Member Foley also requested that the motion be amended to include a process by which interviews will take place. Mayor Pro Tem Mansoor indicated that 'he was -not interested in conducting formal interviews but felt =that -=each' Council Member could meet with any of the applicants-thcy-wish to speak with. He clarified that the motion was to direct -staff to =provide guidelines on the nomination process, and then vote on 8"s pe"bific policy. Mayor Monahan also expressed his opposition in conducting interviews of the applicants. Council Member Dixon recalled her interview by the entire Council and encouraged avoiding the method then used suggesting Council take time to thoroughly interview each applicant followed by a vote by the Council. Council Member Foley, felt that it was important to build a consensus that the motion be amended to include that a special meeting be scheduled to discuss the qualifications of the applicants. The City manager suggested Council could address the topic of forums a,nd opportunities in which to discuss candidates' qualifications as part of the staff follow-up, at the special meeting. Mayor Pro Tem Mansoor expressed his optimism and advised moving forward with the motion. SUBSTITUTE The substitute motion, as amended, to authorize a Special City MOTION/To Revert To Council Meeting to be, held on December 13, 2004, to discuss a General Voting general voting process in , the selection of Planning Commissioners, Process discontinuing the use of direct appointments; directed staff to prepare thie.appropriate ordinance and Council policy, and directed staff to provide examples of policy and procedures to follow for a general voting process 'and directing staff to immediately begin recruitment with applications due December 21, 2004, carried 3-2, Council Member Foley and Council Member Dixon voting no. The City Attorney reported that Council would be receiving an CITY ATTORNEY'S update on; some pending litigation matters within the next couple of REPORT/Update on days. Litigation Matters The City Manager welcomed the new Council Members. STAFF COMMENTS Council Member Foley reiterated a request addressed to the Public COUNCIL Services Director to conduct an inventory of all the elementary COMMENTS school sites as to availability for after school active or other recreational uses for fields and play areas. Council Member Bever suggested that the City ambitiously pursue the street maintenance program by identifying the 20 worst streets in need of maintenance as part of the program. Mayor Pro Tem Mansoor welcomed the new Council Members, and expressed that he looked forward to working with them. Mayor Monahan invited 'the public to participate in the Snow Hill Event on Saturday, December 11, 2004. /,7�Li1���►L�1��1 The Mayor declared the meeting adjourned at 10:37 p.m. DEP TY CITY CLE�RK-- _ MAYOR