HomeMy WebLinkAbout07/17/2007 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
July 17, 2007
The City Council meeting of the City of Costa Mesa, California met in regular
session July 17, 2007, at 5:04 p.m., in the Council Chambers of City Hall, 77 Fair
Drive, Costa Mesa. The meeting was called to order by the Mayor Pro Tem.
I. ROLL CALL
Council Members Present: Mayor Pro Tem Eric Bever
Council Member Linda Dixon
Council Member Wendy Leece
Council Members Absent: Mayor Allan Mansoor
Council Member Katrina Foley
Officials Present: City Manager Allan Roeder
City Attorney Kimberly Hall Barlow
City Clerk Julie Folcik
II. PUBLIC COMMENTS
There were no public comments.
III. CLOSED SESSION
1. Conference with Allan Roeder. City Manager. and Labor
Neaotiator. Aaencv Neaotiator: Steve Mandoki. Administrative
Services Director. and Terri Cassidv. Human Resources Manaaer
reaardina Employee Oraanizations: Costa Mesa Citv Emplovee
Association (CMCEA) and Costa Mesa Firefiqhters Association
(CMFA) pursuant to Government Code Section 54957.6.
2. Conference with Legal Counsel - Anticipated Litiaation: Initiation of
litigation, one case. pursuant to Government Code Section 54956.9
U.
Mayor Pro Tem Bever recessed the meeting to closed session in Conference
Room 1 B at 5:06 p.m.
The Mayor Pro Tem reconvened the regular meeting at 6:02 p.m.
PLEDGE OF ALLEGIANCE - Council Member Wendy Leece
MOMENT OF SOLEMN EXPRESSION - Pastor Nathan Abbate, Calvary
Chapel
ROLL CALL
Council Members Present: Mayor Pro Tem Eric Bever
Council Member Linda Dixon
Council Member Wendy Leece
Council Members Absent: Mayor Allan Mansoor
Council Member Katrina Foley
Officials Present: City Manager Allan Roeder
Assistant City Manager Thomas Hatch
City Attorney Kimberly Hall Barlow
Development Services Director Donald Lamm
Public Services Director William Morris
Recreation Manager Jana Ransom
Police Captain Les Gogerty
Police Sergeant Philip Myers
City Clerk Julie Folcik
CLOSED SESSION REPORT
City Attorney Kimberly Barlow reported that Council gave direction and no
action was taken on any closed session items.
PRESENTATIONS
Cindy Brenneman, Chair of the Costa Mesa Community Foundation, gave
a presentation on the upcoming dedication and ribbon cutting ceremony of
Costa Mesa Veterans Memorial to be held on August 5, 2007. She
presented a trophy to Police Sergeant Victor Bakkila in recognition for his
efforts in completing the Costa Mesa Veterans Memorial. Mayor Pro Tem
Bever presented a proclamation to Sergeant Victor Bakkila recognizing his
support of the Memorial and his commitment in remembrance of our
nation's veterans.
IV. PUBLIC COMMENTS
1. Debbv Koken, Costa Mesa. requested the Council to reconsider the
selling of the propertv located at the corner of Hamilton Street and
the closing of the communitv garden. She otherwise supported the
replacement of the community_ garden with a similar open space on
the West side.
2. Mike Viliak, Costa Mesa, suqqested an area on Harbor Boulevard
to replace the communitv aarden.
3. Carol Minear. Costa Mesa, requested to keep the communitv
aarden at its current location but also supported other possible
locations on the West side.
4. Teresa Umetsu. Costa Mesa, spoke about the policina of Tanager
Park on the 4th of Julv. 2007. She thanked Police Seraeant
Richard Allum and fellow police officers for their diligent iob of
patrolling and respondina to calls but commented that more needs
to be done relative to fireworks enforcement.
5. Chris Bunvan. Costa Mesa, spoke on behalf of the Costa Mesa
Library Foundation and invited the public to the event "Learn
Spanish in a Dav_ " to be held on August 3. 2007, from 9:00 a.m. to
4:00 p.m., at the Neiqhborhood Communitv Center.
6. Janet Lee Krochman. Costa Mesa, relative to fireworks and
fundraisina pointed out that the school foundations are prohibited
from fundina sports organizations.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Linda Dixon expressed disappointment in the closure of
the community garden and advised she would work on allocating funds
from the sale of the garden parcel to purchase another plot of land for
another community garden. She requested the City Manager to place on a
future agenda the matter of prohibiting fireworks on the Primary Election
ballots and review a one percent increase of the Transient Occupancy Tax
(TOT) for Council to discuss a grant program for youth sports
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organizations.
Council Member Wendy Leece commented she also would like to find a
new location for the community garden. The City Manager affirmed that
there would be a Study Session relating to alternative sites and
encouraged gardeners to share ideas of other parcel sites on the West
side that would be a good location for a community garden. She reported
the California Department of Food and Agriculture's detection of the
Diaprepes Root Weevil insect. Assistant City Manager Thomas Hatch
reported on the infestation of the insect in and around the City
and that spraying would be done in a couple of weeks. Council Member
Leece announced the next Community Emergency Response Team
Training (CERT) would be starting on September 29, 2007; expressed
concern of the activities that took place on the fourth of July; and informed
she is looking for alternative ways of funding for youth activities.
Mayor Pro Tem Eric Bever, relative to the community garden, reminded
the public of Council's unanimous support of finding a new
site; recommended possible suggestions on fundraising opportunities and
for allowing the public to utilize Vista Park to view the Huntington Beach
Pier fireworks show and/or Fairview Park to view the Mesa Verde Country
Club fireworks show; expressed concern relating to the increase of the
TOT tax to provide youth grants for youth programs and gifting with public
funds. The City Attorney pointed out the City's support of youth programs
through the Parks and Recreation Department and confirmed that the
matter is considered a public purpose.
VI. CONSENT CALENDAR
CONSENT CALENDAR ITEM NOS. 1 THROUGH 8
MOTION: Approve recommended actions for Consent Calendar Items
Nos. 1 through 8, except for Consent Calendar Items Nos. 2 and 6.
Moved by Council` Member Linda Dixon, seconded by Mayor Pro Tem
Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council
Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
1. Readina Folder.
The following claims were received and processed by the City
Clerk: Mercury Insurance Company on behalf of Victor Armand;
Curd, Galindo & Smith, L.L.P. on behalf of Jeffrey Gryde; Manuel
Lopez; Mike Nahidi, and Evelyn Sherie Talley (2 separate claims).
The following requests for Alcoholic Beverage Control Licenses
were received and processed:
Sakayausa Inc., 660 Baker Street, Suite. 405 F, for a type 17 (beer
and wine wholesaler) and type 20 (off -sale beer and wine).
Gerald Allen Grady, for The Wine Consultant, 277 Robinhood Lane,
Anthony Paduano, for a type 17 (beer and wine wholesaler) and
type 20 (off -sale beer and wine).
The following notification letters were received and processed:
Mesa Consolidated Water District — Notice of Public Hearing
Proposed Water Rate Increase to be held Tuesday, August 28,
2007 at 7:00 p.m.
Southern California Gas Company — Notice to Customers of
Proposed Rate Increase, Application No. A.07-06-021.
Cingular Wireless — Notification letter of the intent to construct a
cellular facility — Cingular Wireless Site No. LA3089-01, 1701 Golf
Course Road.
3. Warrant Resolution 2169, funding_ Citv operatina_ expenses for
$686.557.23.
ACTION: Resolution'adopted.
4. Warrant Resolution 2170, fundina Pavroll No. 713 for
$2.344.961.22 and Pavroll No. 712A for $2,668.44, and City
operating expenses for $1,019.925.19 including pavroll deductions.
ACTION: Resolution adopted.
5. Professional Services Aareement and Purchase Request with
A.C.T. GIS. Inc.. 19000 Grovewood Drive. Corona, for support
services for the Citv's Geoaraphic Information Svstem (_GIS), in the
amount of $83.747.
ACTION: Approved; authorized the Mayor and City Clerk to sign.
7. Final Map for Tract No. 16926 located at 2287 and 2295 Pacific
Avenue. Costa Mesa. to convert ten (10) residential numbered lots
and one lettered lot for a common interest residential development.
ACTION: Approved; authorized the City Engineer and City Clerk to
sign.
8. Appoint Council Representative and Alternate for the
Transportation Corridor Svstem (TCS) Board.
ACTION: Appointed Mayor Pro Tem Eric Bever as the City's
representative and Council Member Katrina Foley as alternate.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Reaular Meetina Minutes of June 19. 2007.
MOTION: Approve, as amended, by amending page 14,
deleting "...the implementation of an additional reserve for
budget adjustments," and replacing it with "that it be adjusted
for inflation."
Moved by Council Member Linda Dixon, seconded by Mayor
Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
6. Aareement for riaht-of-wav acquisition and escrow instructions with
Superior 17th LLC. 14500 Firestone Boulevard, La Mirada, for a
portion of propertv at 1726 Superior Avenue for the Newport
Boulevard Improvement Proiect.
MOTION: Continue to the meeting of August 7, 2007.
Moved by Council Member Linda Dixon, seconded by Mayor
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Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
VII. PUBLIC HEARINGS
1. PUBLIC HEARING: Appeal of Planning Commission's denial of
Planning Application PA -06-59 and Parcel Map PM -06-250, for
Louie Del Real. authorized aaent for Aurelio Pimentel, for a
residential common interest development conversion of four
apartment units into condominiums and a parcel map to facilitate
the conversion. located at 1843 Pomona Street, in an R2 -HD zone
(Multiple -Family Residential District, Hia_ h Density). Environmental
determination: exempt.
MOTION: Continue to the meeting of August 7, 2007, at 7:00
p.m.
Moved by Council Member Linda Dixon, seconded by Council
Member Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
2. PUBLIC HEARING: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA. CALIFORNIA. ORDERING THE
VACATION OF PAULARINO AVENUE BETWEEN AIRWAY
AVENUE AND JOHN WAYNE AIRPORT SUBJECT TO
CONDITIONS.
MOTION: Continue to the meeting of August 21, 2007, at 7:00
p.m.
Moved by Council Member Linda Dixon, seconded by Mayor
Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
VIII. OLD BUSINESS
1. From the meetina of July 3. 2007, second reading and adoption of
Ordinance 07-15. AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA. CALIFORNIA. REZONING THREE
PARCELS TOTALING 1.68 ACRES FROM R2 -HD AND R3
(MULTIPLE -FAMILY RESIDENTIAL) TO
PLANNED DEVELOPMENT RESIDENTIAL HIGH DENSITY (PDR -
HD) FOR PROPERTY LOCATED AT 372. 378. AND 382
VICTORIA STREET.
MOTION: Adopt Ordinance No. 07-15, to be read by title only,
and waive further reading.
Moved by Council Member Linda Dixon, seconded by Mayor
Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
2. From the meetina of July 3. 2007. AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA.
AMENDING TITLE 3 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO ANIMAL REGULATIONS AND SECTION 12-42
RELATING TO DOGS.
The City Attorney briefed the staff report and addressed issues
presented at the Study Session. She, along with Police Sergeant
Philip Myers, responded to questions from the Council and public
speakers.
Janet Lee Krochman, Costa Mesa, expressed concern on language
defining reptiles as "non -domesticated animals" which are subject
to animal permit and asked Council to amend language to exclude
certain non -dangerous reptiles.
In response an inquiry by Council Member Dixon the City Attorney
proposed some changes in the definition of the dangerous reptiles.
L. Schwandt, Costa Mesa, pointed out the negative aspects of
feeding of free roaming cats, suggested keeping pets indoors at
night for their safety, and supported the registering of cats.
Beth Refakes, Costa Mesa, questioned parts of the
ordinance relating to special permits for pot belly pigs, did not
support a number of the types of animals that may be owned, nor
the proposed language regarding the feeding of stray animals, or
the licensing of cats, and expressed concern regarding fencing of
animals.
Sandra Genis, Costa Mesa, did not support the language relative
the number and type of animals that may be owned, asked for
clarification on the definition of "keep", the "reporting of animal
injury inflicted by another animal", proof of pet ownership, and
commented on cat licensing, and the use of the Bark Park by only
spayed or neutered pets.
Mayor Pro Tem Bever expressed that he would like to introduce the
animal ordinance for first reading with the entire Council present
due to the controversial item.
Council Member Leece referring to an ordinance recently adopted
by the County commented that she felt that there should be
stronger language regarding the regulations and definitions of a
barking dog that may be incorporated in the future.
Council Member Dixon commented that she was supportive of
revising the proposed ordinance to allow for keeping of no more
than six pets; to list the dangerous reptiles as poisonous snakes,
boa constrictors, alligators, gila monsters, and other poisonous or
dangerous reptiles"; and indicated that she did not feel it necessary
to require that dogs be spayed or neutered in order to use the Bark
Park since it is already required that a dog in heat may no be
permitted in the park.
Mayor Pro Tem Bever was supportive of allowing a total of five
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animals.
Council Member Dixon expressed that it was not the responsibility
of the Bark Park Foundation to enforce the spaying or neutering of
pets requirement. She made the motion to Introduce Ordinance
No. 07-16, amended as follows, for first reading, read by title only,
and waived further reading:
1. Section 3-14, deleting "three dogs and three cats" and replaced
with "six pets";
2. Deleted Section 3-12, entitled, "Registration of cats";
3. Section 3-142, deleted "snakes and other reptiles" and replace
with "poisonous snakes, boa constrictors, alligators, gila monsters,
and other poisonous or dangerous reptiles", and
4. Section 12-42 (4), deleted "spayed/neutered."
Mayor Pro Tem Bever requested that Section 3-14 be replaced with
five pets instead of six pets. The maker of the motion agreed.
The motion restated:
MOTION: Introduce Ordinance No. 07-16, amended as follows,
for first reading, read by title only, and waived further reading:
1. Section 3-14, deleting "three dogs and three cats" and
replaced with "five pets";
2. Deleted Section 3-12, entitled, "Registration of cats";
3. Section 3-142, deleted "snakes and other reptiles" and
replace with "poisonous snakes, boa constrictors, alligators,
gila monsters, and other poisonous or dangerous reptiles",
and
4. Section 12-42 (4), deleted "spayed/neutered."
Moved by Council Member Linda Dixon, seconded by Mayor
Pro Tem Eric Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
3. From the meetina of October 18. 2005. Parks and Recreation
Commission Recommendations Reaardina Paularino Park.
Recreation Manager Jana Ransom presented the staff report and
responded to questions from the Council.
Mayor Pro Tem Bever commented that there should - be a
consistency of neighborhood park policies for all neighborhood
parks and felt that signage should be posted indicating a passive
park and no active sports permitted.
Council Member Dixon questioned the definition of "no active
sports". Due to the Costa Mesa Municipal Code Section 12-45
(a) prohibiting sporting activities, Council Member Dixon stated she
would not support the recommendation.
Ellen Wright, Costa Mesa, gave a history of the usage of Paularino
Park and stated that passive use of the park does not fit the need of
open play space for the neighboring children.
Colin McCarthy, Costa Mesa, President of the Mesa North
Community Home Owners Association, expressed support of the
passive park designation.
Eric Christianson, Costa Mesa, - member of the Mesa North
Community Homeowners Association, urged the Council to
approve the directive of the Parks and Recreation Commission.
Gary Peacock, Costa Mesa, conducted an ad hoc poll of the Mesa
North Homeowners and reported that 11 people were supportive of
Paularino Park as being a passive park with one person who was
not in support.
Martin Millard, Costa Mesa, respectfully request that the Council
adopt all five of the recommendations and suggested revising
recommendation three to the following language, "No soccer or
sports activities that interferes with passive uses."
MOTION: To approve recommendations of the Parks and
Recreation Commission regarding designation of Paularino Park for
passive use, installation of landscape and signage elements, and to
amend park signage to read "Passive Park. No Team Sports
Activity. CMMC 12-45a." Moved by Mayor Pro Tem Eric Bever,
seconded by Council Member Wendy Leece.
Discussion ensued amongst Council Member Dixon and City
staff relating to violation fines and the enforcement of park rules.
The City Manager recommended that the Council allow the Police
Department to work with the surrounding neighborhood for the next
six months, and after the improvements are installed, reporting
back results to the Parks and Recreation Commission and Council.
Mayor Pro Tem Bever amended his motion to revise
recommendation number five regarding consulting with the
neighborhood to include consulting with the Costa Mesa Police
Department. Council Member Leece agreed.
The motion restated:
MOTION: Approve recommendations of the Parks and
Recreation Commission regarding designation of Paularino
Park for passive use, .installation of landscape and signage
elements, and amending park signage to read "Passive Park.
No Team Sports Activity. CMMC 12-45a."; and to include in
recommendation five, consulting with the Costa Mesa Police
Department.
Moved by Mayor Pro Tem Eric Bever, seconded by Council
Member Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Wendy Leece
Noes: Council Member Linda Dixon
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
RECESS: Mayor Pro Tem Bever declared the meeting recess at 8:17 p.m.
AFTER RECESS: Mayor Pro Tem Bever reconvened the meeting at 8:26 p.m.
IX. NEW BUSINESS
1. Field Use and Allocation Policv.
Recreation Manager Jana Ransom presented the staff report and
answered questions from the City Council.
Mayor Pro Tem Bever expressed support of the changes and
recommendations of the Parks and Recreation Commission.
In reference to questions from Council Members, the Recreation
Manager stated that the fields are monitored daily by the school
sites; clarified the no-show issue noting that the Field Ambassadors
would monitor field use; stated that members of the Ad Hoc
Committee included the major youth sports user groups;
and pointed out that user groups requests their fields based on the
prior years numbers noting that there is not a lot of abuse.
MOTION: Approve revisions.
Moved by Mayor Pro Tem Eric Bever, seconded by Council
Member Linda Dixon.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon,
Council Member Wendy Leece
Noes: None.
Absent: Mayor Allan Mansoor, Council Member Katrina Foley
X. REPORTS
The City Manager announced the appointment of Fire Chief Mike Morgan
who will be the City's new Fire Chief effective July 30, 2007.
XI. ADJOURNMENT - The Mayor declared the meeting adjourned at 8:50
p.m. The next Regular City Council Meeting will be held on August 7,
2007.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa Mesa
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