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HomeMy WebLinkAbout02/06/2007 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 06, 2007 The City Council meeting of the City of Costa Mesa, California met in regular session February 06, 2007, at 5:03 p.m. in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor. I. ROLL CALL Council Members Present: Mayor Allan Mansoor Mayor Pro Tem Eric Bever Council Member Linda Dixon Council Members Absent: Council Member Katrina Foley Council Member Wendy Leece Officials Present: City Manager Allan Roeder Assistant City Manager Thomas Hatch Assistant City Attorney Harold W. Potter City Clerk Julie Folcik II. PUBLIC COMMENTS There were no public comments. Mayor Mansoor recessed the meeting at 5:05 p.m., into Closed Session in Conference Room 1 B. III. CLOSED SESSION 1. Conference with Real Propertv Neqotiators: Property at 261 Monte Vista Avenue, Costa Mesa. Aqency Negotiator: Thomas Hatch. Neaotiatina Parti: Ken Thurman. pursuant to Government Code Section 54956.8. The Mayor reconvened the meeting at 6:06 p.m. PLEDGE OF ALLEGIANCE - Mayor Allan Mansoor MOMENT OF SOLEMN EXPRESSION moment of silence and to remember locally to keep our Country safe. ROLL CALL The Mayor asked the audience for a those that are serving overseas and Council Members Present: Mayor Allan Mansoor Mayor Pro Tem Eric Bever Council Member Linda Dixon Council Member Katrina Foley Council Member Wendy Leece Council Members Absent: None Officials Present: City Manager Allan Roeder Assistant City Manager Thomas Hatch City Attorney Kimberly Hall Barlow Assistant City Attorney Harold W. Potter Development Services Director Donald Lamm Public Services Director William Morris Recreation Manager Jana Ransom City Clerk Julie Folcik CLOSED SESSION REPORT The City Attorney reported no action was taken on the Closed Session item. PRESENTATIONS The Mayor recognized Sergeant Keith Davis, Officer Billy Fair, Officer Todd Williams, Officer Jerry Souza, and Corporal Joycelyn LaPointe as the Employees of the Month. They responded to a hostage situation and successfully disarmed the suspect by deploying Tasers, recovering the hostage while using the least amount of force necessary. The Mayor thanked them for their courage, resourcefulness, and trust in each other, they resolved a dangerous situation and have undoubtedly saved a life. IV. PUBLIC COMMENTS 1. Robert Graham. Costa Mesa. advised of an item that will come before. the Council relating to Fairview Park design of the lower Dark area: requested the Council to consider access and Darkina needs to the lower Dark area. 2. Charlene Ashendorf. Costa Mesa. announced Leadership Tomorrow will be honorina Costa Mesa Activist Tom Sutro on February 22. 2007: commended CDBG/HOME Coordinator Mike Linares on streamlinina the CDBG Grant process: and encouraa_ed the Council to reinstate the Youth in Government Program. 3. Anne Hoqan Shereshevskv. Costa Mesa. requested Council to move New Business no. 2 to earlier in the meetina. 4. Bob Ooten. Costa Mesa resident and Manaaer of the Mesa Libranr Bookstore. thanked the Council for the grant received and announced an Oben House held on February 24. 2007. 5. Katie Arthur. Costa Mesa. spoke about the traffic on 17th Street and. requested a left turn sianal at the intersection of 17th Street and. Tustin Avenue. 6. Martin Millard commented on City issues relatina to Banninq Ranch, development of Westside Bluffs. 55 Freeway. and John Wav_ ne Airport. 7. Beth Refakes. Costa Mesa. spoke about traffic on Newport Boulevard and the underaroundina of the 55 Freeway. V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS 1. Mavor Pro Tem Eric Bever mentioned a green efficiency incentive program for existina residences and suggested that the Droaram be year-round or to run in coniunction with the Residential Remodelina Incentive Program (RRIP). He suggested the City partner with the California Public Utility Commission. Water District. Gas Company. Southern California Edison to offer incentives tara_etinct existina development. He commented on the Dassina of Flovd Levin who wrote the Citv sona "Costa Mesa U.S.A." and reauested a Proclamation in his honor and establish a Flov_ d Levin Dav_ to correspond with the Costa Mesa Jazz Festival. 1 u 1 2. Council Member Wendy Leece announced the graduation the most recent class of citizen's involved in the Communitv Emergency Response Team (CERT) and encouraged the audience to enroll in the training; clarified the action of the Parks and Recreation Commission approvina the Youth in Government Proaram and read the staff report's recommendation dated April 10. 2006: and advised that there will be a study session that to further study the committee. 3. Mairor Allan Mansoor indicated that the Oranae County Transportation Authority (OCTA) has budgeted for an initial study on the 55 Freeway Extension: expressed condolences to the family of Flovd Levin. who wrote the Official City Sonq. "Costa Mesa U.S.A.". 4. Council Member Katrina Foley referred to Mayor Pro Tem Bever's comments on the areen energy efficiency program and incentives statinq she proposed a similar comprehensive proqram to the Citv Manaaer: requested the mayor as our representative to the Oranqe County Transportation Authority (OCTA) address an article sugqesting allowance of the driving in the carpool lane at non - peak hours. and thanked the community for their support of Operation Cupid for Companv-D of the United States Armor. 5. Council Member Linda Dixon commented reqarding access and parking to the lower part of Fairview Park pointinq out the lack of accessibility for the public to certain parts of the park and encouraged the Council's consideration and requested that the hours and donation information from the Mesa Library Bookstore be placed on the Citv's cable station. VI. CONSENT CALENDAR CONSENT CALENDAR ITEMS NOS. 1 THROUGH 9 MOTION: Approve the recommendations of the Consent Calendar Items Nos. 1 through 9, except for Consent Calendar Item No. 2. Moved by Mayor Allan Mansoor, 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 Wendy Leece Noes: None. Absent: None. 1. Readina Folder. The following claims were received and processed by the City Clerk: Christine Cummings, AAA Automobile Club of Southern California on behalf of Lorraine Delfin; Victor Feria; Gilbert B. Kirwin on behalf of Timothy and Kristina Flaherty; Mercury Insurance Group on behalf of Craig Kausen; Astrid Mejia; Michael Murphy; Ann McIntire (Pierce & Weiss, LLP) on behalf of Progressive West Insurance Company; Joyce Smith; Clayton Fabeck on behalf of Starlite Village (2 separate claims); and Michael Wooden. The following requests for Alcoholic Beverage Control Licenses were received and processed: BKB Restaurant Enterprises, Inc., for the Hamamori, 3333 Bear Street, Suite 320, original type 47 (on -sale general for a bona fide eating place). Residence Inn by Marriott, 881 Baker Street, for a person-to-person transfer of an existing type 41 (on -sale beer and wine for a bona fide eating place). The following Notification Letters were received and processed: Royal Street Communications, LLC — Notification letter of requisite land use approval to construct a cellular facility — PCS Wireless Site No. LA0603A- Orange Coast College and LA0604A-South Coast Southern California Gas Company (U -904-G) for Approval of Energy & Water Efficiency Partnership and Budget for Years 2007 through 2008 — Notice of availability of Southern California Gas Company's proposed pilot program addressing embedded energy savings resulting from the conservation of water in California. 3. Warrant Resolution 2145. funding Pavroll No. 701 for $2.342.894.21 and Pavroll No. 626A for $5.524.99. and Citv ooeratina_ expenses for $1.877.495.88 includina oayroll deductions. ACTION: Resolution adopted. 4. Warrant Resolution 2146. funding_ City operating_ expenses for $617.165.39. ACTION: Resolution adopted. 5. Warrant Resolution 2147. fundina City ooeratina expenses for $1.262.224.31. ACTION: Resolution adopted. 6. Completion of Renovation of Sewer Lift Station - Costa Mesa Police. Facility. Project No. 06-11. by Jamison Engineering_ Contractors. Inc. 17197 Newhope Street. Suite J. Fountain Vallev. ACTION: Work was accepted; City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exoneration seven (7) months thereafter; and the Faithful Performance Bond was ordered exoneration twelve (12) months thereafter. 7. Completion of Replacement and Modification of the HVAC System at Fire Station No. 4 (2300 Placentia Avenue. Costa Mesa). Project No. 06-20. by Adelphia. Inc.. dba Chandler's Air Conditionina and Refrigeration. Inc.. 1702 W. Fifth Street. Santa Ana. ACTION: Work was accepted; City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exoneration seven (7) months thereafter; and the Faithful Performance Bond was ordered exoneration twelve (12) months thereafter. 8. Final Map for Tract No. 17029 located at 168-176 Merrill Place. Costa Mesa. for the subdivision to convert three lots into five residential lots and one common lot. ACTION: Approved; authorized City Engineer and City Clerk to sign on behalf of the City. 9. From the meetina of January 2. 2007. Annual Review of Development Agreement DA -06-03 for C.J. Segerstrom & Sons. for the Sea_ erstrom Home Ranch Development Aa_ reement (DA -00-01). located at 1201 South Coast Drive. ACTION: Approved. ITEM REMOVED FROM THE CONSENT CALENDAR 2. Special Joint Meeting of the City Council and the Redevelopment Agencir held October 10. 2006. Reqular Meetina of November 21. 2006 and January 2. 2007. Adjourned Regular Meetina (Study Session) of December 12. 2006 and January 9. 2007. MOTION: Approve, amending the Regular Meeting Minutes of November 21, 2006 to include the verbatim transcript for the City Attorney's Report. Moved by Mayor Allan Mansoor, 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 Wendy Leece Noes: None. Absent: None. VIII. OLD BUSINESS 1. From the meetina of January 16. 2007, second readinq and adoption of Ordinance 07-2: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA. ADOPTING ZONING CODE AMENDMENT CO -06-05 WHICH AMENDS TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING HIGH-RISE RESIDENTIAL DEVELOPMENT IN PLANNED DEVELOPMENT AND TOWN CENTER ZONES. MOTION: Adopt Ordinance No. 07-2, to be read by title only, and waive further reading. Moved by Mayor Allan Mansoor, seconded by Council Member 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 Wendy Leece Noes: None. Absent: None. IX. NEW BUSINESS 1. City Council Priorities (a) Reaffirm/modify current City Projects. (b) Establishment of New Priorities. Public Services Director William Morris summarized the agenda report for item (a); the City Manager presenting sub -item (b) and they answered questions from the City Council. Discussion ensued among Council Members and staff relating to the projects referencing the progress on the Fairview Hospital Sports Complex Phase I and II projects. Council Member Foley suggested to the Council to consolidate Phase I with Phase 11 of the project pointing out the costs. The City Attorney referred -to the terms of the agreement explaining the initial phase of field use, master planning process, investment costs of combining and completing both phases, and a delay in field use. In reference to the Investigation of Flood Control Channels for possible bicycle/pedestrian trails project, the Mayor expressed concern of the expending of staff hours resulting in the delay of street improvements. Mayor Mansoor expressed support of the TeWinkle School Field Lighting Upgrade and would like to see complete revitalization of the fields. Council Member Foley requested the reconfiguration of the TeWinkle School Sports Complex for sports organizations. The Mayor agreed. Mayor Pro Tem Bever requested the SR -55 Extension project be moved to tier one. Council Member Leece requested the refurbishment of City Hall Pond/Entry Garden project and be moved to tier one. The Mayor expressed support for both requests. Mayor Pro Tem Bever commented on the landscape maintenance of Victoria Street suggesting the conversion to turf and partnering with the Water District for irrigation of reclaimed water. Discussion ensued among Council Members relating to options for improving the landscape. Council Member Leece suggested the installation of artificial turf for field use. Council Member Foley hoped to consider artificial turf for the Davis School and the Costa Mesa High School fields; and proposed the installation of permanent lighting at Costa Mesa High School field and making it a permanent home for the Pop Warner organization. Council Member Dixon requested the installation of artificial turf at The Farm fields. Martin Millard spoke about dividing the City into precincts and addressing problems by precincts; commented on the terminus of the SR -55 freeway onto the SR -57 freeway, purchase of properties to convert into small sports fields, and the rehabilitation of Baker Street. Beth Refakes, Costa Mesa, commented on the public's input from various parts of the City relating to long-term strategic planning; suggested Mediterranean plants as a landscaping alternative and expressed support of the installation of alternative turf. Ron Nugent, representative of Costa Mesa Pop Warner, encouraged Council's support of field space and lighting of the fields. Council Member Leece suggested scheduling a meeting with the commissions expressing she felt that it would be valuable time spent to meet were it could be devoted to discuss short-term, some long term priorities and to clarify those things that are important to the Council. She shared the experience of her involvement with the School District's strategic planning process and suggested a similar session for communication directly with the Commissions. Council Member Dixon recognized the importance for the input of the community and commented on the need of a vision/long-term planning for the City and to address topics such as parks, programs, landscaping, and developments. Mayor Mansoor commented while he supported a joint meeting with the Planning Commission and Parks and Recreation Commission and in having an open discussion to include the public, he felt that it could be covered in a Council Study Session perhaps at the Neighborhood Community Center. MOTION: Receive and file the report. Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tern Bever. Council Member Foley expressed support of a strategic planning session with the commissions, stating it would be an effective planning tool and beneficial to receive community input. Council Member Leece expressed her support of a study session format. Mayor Pro Tem Bever questioned the need for the joint study sessions for strategic planning. Council Member Dixon reiterated her support for community involvement in long-term planning. Council Member Leece clarified that discussion with the commissions relative to the vision and priorities for the commissions would be valuable. The Mayor amended his motion: MOTION: Receive and file the report; direct staff to schedule a joint study session with the Parks and Recreation Commission to discuss: field use issues, other topics of general interest and Council's direction for the Parks and Recreation Commission; and for staff to schedule a separate joint study session with the Planning Commission to discuss green -building, other topics of general interest and Council's direction for the Planning Commission. Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Bever. SUBSTITUTE MOTION: Direct staff to proceed forward with the previously agreed discussion items relating to the Capital Improvement Projects; and directed staff to schedule a meeting that is mutually convenient for Council Members with the Parks and Recreation Commissioners and Planning Commissioners, and to include the community in discussion in a long-term strategic planning process. Moved by Council Member Katrina Foley, seconded by Council Member Linda Dixon. Mayor Pro Tem Bever suggested separating the motion for separate votes. It was agreed to by the maker of the substitute motion and the seconder. The restated first part of the substitute motion: MOTION: Direct staff to continue with the "Fairview Hospital Sports Complex Phase I" project, and if feasible, to consider the option of combining the project with "Fairview Hospital Sports Complex Phase II" project; and to move to Tier 1: 1) the "Investigation of Flood Control Channels for Possible Bicycle/Pedestrian Trails" project, so long as it does not impede street improvement projects; 2) the "TeWinkle School Field Lighting Upgrade" project and to work with the school district to reconfigure TeWinkle Sports Complex; 3) the "Refurbishment of City Hall Pond/Entry Garden" project; 4) to add the "Victoria Street Landscape Improvement" project and directed staff to bring back to Council alternatives for improving the landscape; 5) , to consider installation of artificial turf at the sports fields, where it is appropriate; and the "SR -55 Extension". Moved by Council Member Katrina Foley, 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 Wendy Leece Noes: None. Absent: None. Relative to the remainder of the Substitute Motion Council Member Leece stated that she supported scheduling the joint meetings with the commissions in a study session format to discuss Council priorities. Council Member Foley reiterated the beneficial aspects of a dialog with the commissions and the participation of the community, further stating that a study session format would not lend itself to that sort of opportunity in the exchange of ideas. She shared her experience of the Council's past practice of the annual meeting to discuss Community Objectives and one such meeting that included the Planning Commission and found it to be a worthwhile process. Council Member Leece agreed that the proposed meeting time could be held later than the regularly scheduled study session time of 4:30 p.m. to allow for more participation by the public. Council Member Foley requested clarification as to the format that would be followed for the meeting. Council Member Leece responded that she thought it could be a sharing of visions, with the two commissions, for the current year. Mayor Pro Tem Bever stated he was unclear as to the intended purpose of the proposed meetings, felt that there needed to be greater clarification ori the topics for discussion for the meetings to be meaningful. He stated he supported a joint meeting to share direction with the commissions. Council Member Foley clarified the motion with the City Manager: To schedule separate joint meetings with the Parks and Recreation Commission and the Planning Commission to discuss Council priorities and goals and to include a long-term strategic planning session; to be conducted in a different structured meeting to allow for great public participation from that of a study session format. The City Manager offered the location of the Neighborhood Community Center for consideration. Council Member Foley inquired if Council Member Leece would support the motion if the long-term strategic planning element was removed. Council Member Leece indicated that she would not support the substitute motion. Council Member Foley withdrew her substitute motion. MOTION: Direct staff to schedule a joint study session with the Parks and Recreation Commission to discuss: field use issues, other topics of general interest and Council's direction for the Parks and Recreation Commission; and for staff to schedule a separate joint study session with the Planning Commission to discuss green - building, other topics of general interest Council's direction for the Planning Commission. Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric Bever. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: Council Member Katrina Foley Absent: None. RECESS: The Mayor declared the meeting recessed at 8:21 p.m. AFTER RECESS: The Mayor reconvened the meeting at 8:31 p.m. VII. PUBLIC HEARINGS The City Clerk announced that this was the time and place set for a public hearing to consider: 1. PUBLIC HEARING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA. ADOPTING ZONING CODE AMENDMENT CO -06-08. WHICH AMENDS TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REQUIRED FINDINGS FOR VARIANCES AND ADMINISTRATIVE ADJUSTMENTS. The Affidavit of Publication and of Mailing are on file in the City Clerk's Office. Development Services Director Donald Lamm briefly summarized the staff report and he along the City Attorney responded to questions from the Council. Mayor Pro Tem Bever expressed his concern with the proposed ordinance, stating that he felt it would be cause more confusion in the administrative process of review and approval and suggested that the City continue with the current process. Mayor Mansoor felt that the proposed ordinance was "subjective and broad." There being no public comment the Mayor closed the public hearing. In response to Council Member Foley's question the City Attorney explained that the proposed requirement for inlcusion of evidenturie findings for administrative planning decisions, while not required by state code would bring consistancy to the decision making process. Mayor Pro Tem Bever felt that the requirement would "open the door to more grief'; that there is not a state code requirement nor immediate or apparent need for such an ordinance. MOTION: Retain the City's existing findings for variances and administrative adjustments. Moved by Mayor Pro Tem Eric Bever, seconded by Mayor Allan Mansoor. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: Council Member Katrina Foley Absent: None. IX. NEW BUSINESS 2. Senior Advisory Committee. Recreation Manager Jana Ransom summarized the staff report. Council Member Foley explained her reasons for bringing the concept forward reporting that census has predicted that the near future there will be an increase in the population of senior citizens and children. She explained that the Senior Center Board of Directors does not have the authority outside of the function of the facility to discuss such issues as housing, accessibility, transportation and other senior needs. She felt that the proposed committee could advise the City Council on those issues as they relate to the City as a whole; clarifying that it is not a body to advise the current Senior Center board on the function of the current facilities. The City Manager voiced staffs recommendation for deletion of the reference "to provide oversight to the Senior -Citizen Board of Directors' contractual obligations." Council Member Dixon based on her prior experience felt that in order for her to support the formation of the committee specific direction would need to be given as to the scope of responsibility for the committee and specifically, that it would not have jurisdiction over the Costa Mesa Senior Center, and that the use of staff time would be understood. Council Member Foley agreed with the recommendation to looking at examples of what other cities who have such a committee are doing. Charlene Aschendorf, Costa Mesa, reported that more than 20 percent of the City's population is comprised of senior citizens. She stated that the the senior center's mission is to provide quality programs for senior citizens in the community and felt that there is an important need for a senior advisory committee, as it elevates the senior issues to beyond the senior center. Ann Hogan Shereshevsky, Costa Mesa, as a member of the previous senior citizen advisory committee felt that it was time for an advisory board to address issues important to seniors within the city and encouraged the council's support for it's formation. MOTION: Continue the item and directed staff to bring back to Council goals and tasks for the formation of the senior advisory committee. Moved by Council Member Linda Dixon, seconded by Council Member Katrina Foley. Mayor Mansoor stated that he would not support the motion as he felt that while there may be a need he did not feel it necessitated a city committee. He instead felt that that the current senior Board of Directors could expand their roll to discuss issues of importance and bring forth those issues to the Council that are within its jurisdiction. He also felt that there are other opportunities for seniors to get involved in the current Council committees and did not feel a seperate committee was needed at this time. Council Member Leece agreed. SUBSTITUTE MOTION: Receive and file report. Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric Bever. Mayor Pro Tem Bever supported the substitute motion stating that the city's committees are open to all ages. Council Member Dixon stated that the advisory committee would compliment the current city committees; and suggested that perhaps to look at structuring it as an adhoc committee to meet on particular task or issue. The substitute motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Wendy Leece Noes: Council Member Linda Dixon, Council Member Katrina Foley Absent: None. X. REPORTS The City Manager reported he attended the opening of the Orange Coast College art facility and was hopeful of a joint effort with the college and the Costa Mesa Cultural Arts committee or the Costa Mesa Tourism and Promotions Bureau at the new facility. XI. ADJOURNMENT: The Mayor declared the meeting adjourned at 9:02 p.m., to February 13, 2007, at 4:30 p.m., for a Study Session. 1/ G Mayor of the City of Costa Mesa ATTEST: 1 1 1 '4jr--� �,�) Ci y Clerk of the City of Costa Mesa 1 1 i