Mayor Mansoor Announced Sergeant Keith Davis, of the Costa Mesa
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REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 17, 2006 The City Council meeting of the City of Costa Mesa, California met in regular session January 17, 2006, at 6:00 p.m., in the Council Chambers of City Hall, 77, Fair Drive, Costa Mesa. The meeting was called to order by the Mayor. PLEDGE OF ALLEGIANCE Council Member Monahan MOMENT OF SOLEMN EXPRESSION Mayor Mansoor ROLL CALL PRESENTATIONS Mayor’s Award - Sgt. Keith Davis, CMPD Patrol Operations; 8th Annual Sister - City Education Exchange; Mesa Consolidated Water District President - Paul Shoenberger Mayor Mansoor announced Sergeant Keith Davis, of the Costa Mesa Police Department, as the recipient of the Costa Mesa Mayor’s Award for January, 2006, in recognition of his professionalism and dedicated service. Segeant Davis was commended for his response when assisting a member of the public, ready to take his own life, by showing compassion and understanding during a potentially adverse situation. Mayor Mansoor presented Proclamations recognizing the following teachers and students visiting from Melborne, Australia and participating in the 8th Annual Sister-City Education Exchange. Students: Hayley King, Jack Davis, Eamon Lucic; Teachers: Diana Pongrac, Boardwalk Primary School, Jane Motley, The Grange Prep-12 College, Mary Pateras, Galvin Park Secondary College and Peter Stone, Galvin Park Seondary College. The Mayor introduced Trudy Ohlig Hall, 2nd Vice President of the Mesa Consolidated Water District who distributed to the City Council the 2005 Urban Water Management Plan and provided a report. IV. PUBLIC COMMENT Sherman Austin, Long Beach, opposed the removal of Coyotl Tezcatlipoca from the January 3, 2006 Council Meeting during Public Comment, believing that his First Amendment Right was not honored. Natasha Noriega-Goodwin, Costa Mesa, expressed concerns and spoke against deportation and the proposed immigration program. Gricelda Montes, Costa Mesa, spoke in opposition of the Immigration and Customs Enforcement (ICE) proposal. Angelina Ibbotson, Huntington Beach, expressed support of the ICE proposal, stressing that this is not a race issue and that legal immigrants are welcome. Judi Berry, Costa Mesa, requested clarification on the regulations of bicycles on sidewalks and the pedestrian right-of-ways. Larry Culbertson, San Juan Capistrano, expressed support of the ICE program. Eileen Garcia, Laguna Beach, expressed support of the ICE program as it would remove illegal criminals who commit crimes. George Rivere, Laguna Beach, speaking in support of ICE, felt it was not racial profiling and reminded that a sovereign nation has the right to protect their borders. Lorena Ortega, Westminster, delivered a letter on behalf of the Indiginous Peoples Alliance (Alianza Indigena) and requested a meeting with the Mayor and City Council. Chris Blank, Costa Mesa, speaking in opposition to the ICE proposal, felt that immigration enforcement was the responsibility of the Federal Government. He also disagreed with the removal of Coyotl Tezcatlipoca during Public Comment at the last Council Meeting. Ron Bell, Orange, expressed support for the Council’s decision regarding ICE as well as his disagreement with the media’s portrayal of the removal of the aforementioned speaker during Public Comment at the last meeting. Roberto Arceo, Costa Mesa, expressed his oppostion to ICE, stating that the Police have more to do than immigration enforcement. Keith Hardine, Los Angeles, quoted Dr. Martin Luther King and 2 commented that approving ICE would not contradict neither with the Federal Constitution or California Penal Code Section 834B. Angelica Morels, Costa Mesa, expressed opposition to ICE, and commented that people come here to work. Gisselle Suazo, Westminster, expressed opposition to ICE and felt that it would create racial and economic conflicts in the community. Phil Tryon, Costa Mesa, felt that the Federal Government is not doing a sufficient job in immigration enforcement and therefore supported ICE. Zane Smith, Compton, expressed support for legal immigration. Aaron Carapella, Anaheim, expressed opposition to ICE, and felt that mutual respect was the only answer. Andy Ramirez, Chino, Chairman and Founder of the Friends of the Border Patrol, expressed support for ICE and stressed it is not a racial nor ethnicity issue. MOTION: Following the next speaker, continue the remainder of Public Comment until after New Business Item No. 2. Moved by Mayor Allan Mansoor, seconded by Council Member Gary Monahan. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. Ted Hayes, Homeless Activist, American, Member of the Minute Man Project, expressed support of the ICE proposal and stated that he was against illegal immigration and slave labor. V. COUNCIL MEMBERS REPORTS, COMMENTS, AND SUGGESTIONS Council Member Katrina Foley referencing the proposed ordinance regarding "assembly use", to be discussed at the next scheduled Planning Commission meeting, requested that notices also be provided to the Chamber of Commerce, churches, South Coast Metro Alliance and any other businesses that might be impacted by the 3 proposed changes. Council Member Foley, felt the City should play a larger role in the sister - city programs and requested that a Sister City Exchange Reception and program be included in the budget for FY2006-2007, where staff would work with the Newport Mesa Unified School District to coordinate. Mayor Allan Mansoor went on record to explain the sequence of events that took place at the January 3, 2006, City Council Meeting that led to the removal of a speaker from the City Council Chambers. He detailed that there was not an item on the agenda for that meeting relating to the Council’s decision to explore entering into an Memorandum of Understanding (MOU) with ICE for limited training of gang unit officers detectives and jail personnel; that prior to the regularly scheduled City Council meeting two groups, with opposing view points, demonstrated in front of City Hall. He recounted that prior to the commencement of Public Comment, and repeatedly throughout, that he reminded the audience of the City’s Municipal Code’s prohibition on disorderly, loud, boisterous behavior by those attending the meeting. The Mayor reported that Mr. Jim Gilchrist, whom was speaking for a number of members of the audience, requested them to stand. The Mayor stated he asked the speaker to serve as the speaker for his group, as well as invited both sides to select a speaker representative who could say how many were in attendance in support of the speaker’s comments. The Mayor then requested those standing to sit down, the audience members did so immediately, and the remainder of the speakers comments were appropriately directed to the Council. He related that when Mr. Benito Acosta was a speaker, he also requested those supporters in the audience to stand, directing his comments to the audience rather than to the City Council, as required by Costa Mesa Municipal Code Section 2-62. The Mayor indicated that while he advised him not to do so Mr. Acosta continued to repeatedly exhort the crowd to stand by saying "do it, do it". Due to the surrounding circumstances, including the highly charged emotions of many of those in the audience, and based upon his law enforcement experience, the Mayor expressed that he was concerned about the possibility of violence errupting both inside and outside the Council Chambers. He explained that he therefore called a recess to allow for law enforcement personnel an opportunity to control and defuse the situation. He advised that rather than complying with the officers directive to leave the podium, Mr. Acosta resisted their efforts to remove him from the podium and the Chambers. Once removed, the police officers and Mr. Acosta were surrounded by protestors, and to protect themselves and Mr. Acosta, the officers rapidly moved Mr. Acosta to the City Hall Lobby. The Mayor concluded emphasizing his commitment to the rights of the members of the public to address the 4 City Council on items that are City business, regardless of their view points, further commenting that it is however, critical for the safety of those present and the proper conduct of the City’s business that all speakers and the audience comply with the rules of decorum and civility. VI. CONSENT CALENDAR- MOTION: Motion to adopt recommended actions for Consent Calendar Items 1-5, except Consent Calendar Item No. 3 tabling the minutes to February 7, 2006. Moved by Council Member Gary Monahan, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. 1. Reading Folder. ACTION: Received and processed. 2. Regular meeting of January 3, 2006. ACTION: Tabled to February 7, 2006. 3. Warrant Resolution 2091, funding Payroll No. 526 for $2,318,057.88 and Payroll No. 525A for $960.24, and City operating expenses for $441,451.65, including payroll deductions. ACTION: Approved. 4. Warrant Resolution 2092, funding City operating expenses for $1,075,661.97 ACTION: Approved. 5. Claim from Steve Metzger & Jennifer Stalder (alleges intersection design caused traffic accident) ACTION: Rejected. 5 VII. PUBLIC HEARINGS The City Clerk announced that this was the