HomeMy WebLinkAbout04/01/2008 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
April 01, 2008
The City Council meeting of the City of Costa Mesa, California met in regular
session April 01, 2008, 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 Eric R. Bever
Mayor Pro Tem Allan R. Mansoor
Council Member Linda W. Dixon
Council Member Wendy Leece
Council Members Absent: Council Member Katrina Foley
Officials Present: City Manager Allan Roeder
City Attorney Kimberly Hall Barlow
City Clerk Julie Folcik
(Council Member Dixon entered at 5:10 p.m.)
II. PUBLIC COMMENTS
There were no public comments.
III. CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation:_
Morton v. City of Costa Mesa; Orange County_ Superior CourtCase-
Number 06CC09363,pursuant to Government Code Section
54956.9(a)_
2. CONFERENCE WITH LEGAL COUNSEL - Existing_ Litigation_
Acosta v. Cibt of Costa Mesa. pursuant to Government Code
Section 54956.9(a).
3. CONFERENCE WITH LEGAL COUNSEL. - Pending__Litigat_ion__
Grazulis & Braga v. Wiater and City of Costa Mesa; Orange County
Superiar Court Case Number 04CC10146._pursuant to
Government Code Section 54956.9(a).
Mayor Bever recessed the meeting to closed session in Conference Room 1 B
at 5:05 p.m.
The Mayor reconvened the regular meeting at 6:05 p.m.
ROLL CALL
Council Members Present: Mayor Eric R. Bever
Mayor Pro Tem Allan R. Mansoor
Council Member Linda W. Dixon
Council Member Wendy Leece
Council Members Absent: 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 Peter Naghavi
Human Resources Manager Terri Cassidy
Management Analyst Carol Proctor
City Clerk Julie Folcik
PLEDGE OF -ALLEGIANCE - Council Member Wendy Leece
MOMENT OF SOLEMN EXPRESSION - Pastor Nathan Abbate, Calvary
Chapel
CLOSED SESSION REPORT
City Attorney Kimberly Hall Barlow reported that no action was taken on
the closed session items.
PRESENTATIONS
The Mayor presented a proclamation to Robin Lassen and Shelly
Campbell proclaiming the month of April as the Department of Motor
Vehicles/Donate Life - Month. Ms. Lassen informed of the need for the
donation living organs and tissue in order to help save lives and
encouraged. the placement of the pink dot on drivers licenses and
registering online to document the participant's wishes.
The Mayor presented certificates recognizing the following student
ambassadors involved in the Costa Mesa Sister City Ambassadors to
Wyndham, Australia - Summer 2007Ambassador Exchange: Tyler
Andrews, Hannah Butler, Cassandra Menendez, Israel Torres, Taylor
Schow, Abby Koff, Sean Ulrich, and adult ambassadors Officer Jess
Gilman, Rhonda Gilman, Lisa Grant, Sue Smith, Valerie .Smith, Brandon
Smith as they represented the City of Costa Mesa and the Newport Mesa
Unified School District while visiting Wyndham, Australia where they
learned and exchanged cultural, civic and educational information.
The Mayor recognized Gaetano Russo, Senior Maintenance Worker
as Employee of the Month for April 2008. He commended him for
his outstanding work ethic and positive cooperation with Code
Enforcement in the rapid response eradication program for the immediate
removal of graffiti which has resulted in a noticeable reduction of
graffiti throughout the City.
IV. PUBLIC COMMENTS
Terry Shaw, Costa Mesa, announced that Daniel Perez, curator and
director of the Center for Bigfoot studies in Riverside would be the guest
speaker at the Costa Mesa Historical Society's meeting scheduled for
April 13, 2008; that the wildflower walk at Fairview Park was scheduled for
April 5, 2008; and that the Neighbor for Neighbors annual spring clean-up
at Fairview Park was to be held on April 12, 2008.
Tony Peca, Costa Mesa, in his comments referencing a comprehensive
study regarding the SR -55, indicated a demand for a public hearing,
whereby the Council as well as specified staff were directed to attend to
address the serious problems and to reconcile the people as to what they
have lost as. it pertains to the SR -55 issue...".
Martin Millard, Costa Mesa, commenting on failing schools, increasing
crime, gangs, .Westside decline, and slum buildings, encouraged the
Council to be proactive and to spread low-income housing throughout
Costa Mesa.
Mary McKenna, Costa Mesa, complained that .the quality of life on
Broadway has deteriorated as the traffic has, increased. She was
hopeful that a solution would be found.
Jeff Mcconville, Costa Mesa, informed that he had served on the citizen's
ad hoc committee to address the traffic on the eastside and reported
a study was done by the consultant to address traffic issues that were
becoming increasingly problematic. He felt- that recent meetings with
OCTA that the alternatives did not address the quality of life for the
neighborhood.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Linda Dixon, in response to a public speakers comments
regarding affordable housing, reminded the public that as part of a recently
approved development, part of a motion she made was to ask for in -lieu -of
funding from the developers in order to place affordable housing in another
part of the community, but that it was voted down.
Mayor Eric Bever pointed out to staff that on the southbound at Fairview
Road and Newport Boulevard the signal is very dim. In reference to
comments from public speakers regarding the SR -55 Access Study, he
reminded the public that in 2005 he had proposed abandonment of the
existing master plan. He reported that public meetings were being held to
review the current access study by the Orange County Transportation
Authority (OCTA), and the purpose was to review other options to the
master plan. He advised that the next meeting was to be held the
following evening in the Council Chamber and encouraged public
involvement.
Council Member Wendy Leece reported attendance at the League of
California Cities Planners Institute and of the session she -found
particularly valuable regarding affordable housing for seniors. She advised
that a new Citizen's Emergency Response Training (CERT) class would
be held soon; and informed the public of :the City's supplement of grad
night activities for the local high schools.
Mayor Pro Tem Allan Mansoor announced the meeting to be held in the
Council Chambers on April 2, 2008, with OCTA regarding the options for
the SR -55 terminus. He reported that the options that were being
presented were to be discussed, encouraged the public to provide their
input, and offered to speak to anyone who would like to be more informed.
VI. CONSENT CALENDAR
CONSENT CALENDAR
MOTION: Approve recommended actions for Consent Calendar Items
Nos. 1 through 12, except for Consent Calendar Items Nos. 7, 8,
and 11.
Moved by Council Member Linda W. Dixon, seconded by Mayor Eric
R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council
Member Linda W. Dixon, Council Member Wendy Leece
Noes: None.
Absent: Council Member Katrina Foley
1. Readinq Folder.
The following Claims were received and processed by the City
Clerk: Hannah Balsitis (by and through her guardian Debbie
Balsitis); Allen, and Lichman Chevalier; Dave Petrun; Candace V.K.
Fuller and (2) minors; Enterprise Rent-A-Car (two claims).
The following Notification Letters were received and processed:
South Coast Air Quality Management District — Notice of Intent to
Issue a "Permit to Construct and Operate" pursuant to Rule 212.
California Environmental Quality Act Availability of Notice of
Preparation of a Draft EIR. for the Los Angeles International Airport
Specific Plan Amendment Study.
2. Special Joint Studv Session with the Plannina Commission Minutes
of February 12. 2008: Regular Meetina Minutes of March 18. 2008;
and Adiourned Regular Meeting/Study Session Minutes of March
11. 2008.
ACTION: Approved.
3. Warrant Resolution 2206. fundina Citv ooeratina expenses for
$956,324.54.
ACTION: Resolution -adopted.
4. Warrant Resolution 2207. fundina Payroll No. 806 for
$2.553.499.72 and Pavroll No. 805A for $827.69 and Citv o_oeratina
expenses for $2,195.837.80 including payroll deductions.
ACTION: Resolution adopted.
5. Memorandum of Understandina with CCN. USA, LLC., 1920 Main
Street, Suite 210. Irvine. confirmina the Citv's interest in explorinq
the possible installation of a CCNty Community Communications
Svstem.
ACTION: Approved; authorized the Mayor and City Clerk to sign.
6. Award Formal Bid Item No. 1121. for the purchase of four (4)
Honda Police Motorcvcles from Huntington Beach Honda, 17555
Beach Boulevard. Huntington Beach. in the amount of
$103.336.04.
ACTION: Approved.
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA. CALIFORNIA. AUTHORIZING THE PURCHASING
OFFICER. OR HIS/HER DESIGNATED REPRESENTATIVE. TO
ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE
CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY.
ACTION: Adopted Resolution No. 08-23.
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA. CALIFORNIA. DECLARING ITS INTENTION TO
ORDER THE VACATION OF A PORTION OF ALLEY NO. 62
BETWEEN OLD NEWPORT BOULEVARD AND ALLEY NO. 61.
and settina the hearina date for April 15. 2008. at 7:00 p.m.
ACTION: Adopted Resolution No. 08-24.
1-1
1
1
12. A RESOLUTION OF—THE CITY COUNCIL OF THE CITY OF
COSTA MESA,_ CALIFORNIA, SUMMARILY VACATING A
PORTION -_OF EXCESS LANDSCAPE EASEMENT ADJACENT
TO SAKIOKA DRIVE LOCATED AT 3400 AVENUE OF THE ARTS.
ACTION: Adopted Resolution No. 08-26.
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Annual Review of the Costa Mesa 2000 General Plan
Council Member Leece requested a brief overview of the General
Plan, its purpose, the timelines for review and for any changes that
may ,be made. The Director of Development Services gave
a review of the the purpose and state requirements of the General
Plan and highlighted that the City would be the first in Orange
County to adopt the Housing Element of the General Plan by the
July 1, 2008 deadline.
MOTION: Receive and file report.
Moved by Mayor Eric R. Bever, seconded by Council Member
Linda W. Dixon.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor,
Council Member Linda W. Dixon, Council Member Wendy
Leece
Noes: None.
Absent: Council Member Katrina Foley
8. Salary_adjustments for Executive (_Directors and Managers),.
Confidential Emplovees Unit and Part-time iob classifications:
(a). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REVISING THE EXECUTIVE
COMPENSATION PLAN AND EXECUTIVE SALARY SCHEDULE
TO REFLECT CHANGES IN THE ESTABLISHED LABOR
MARKETPLACE.
(b). -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REVISING THE SALARY RANGES
FOR . JOB CLASSIFICATIONS WITHIN THE CONFIDENTIAL
EMPLOYEES UNIT.
(c). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADJUSTING THE RATES OF PAY
FOR PART- TIME CLASSIFICATIONS AND EMPLOYEES TO
REFLECT THE ESTABLISHED MARKETPLACE.
(d). Budget Adjustment No. 08-049 for $362,925.
(e). Council Policy 300-2 Auto and Severance (for executive)
(f). Council Policy 300-7 Adjustments to Employee Compensation
(revising methodology of employee compensation).
The Human Resources Manager Terri Cassidy confirmed . for the
Mayor, relative to the retirement benefit of 2.5 percent at 55 for
employees, it was agreed that the employee would pay for
the retirement enhancement. She also explained the
provision which provides that in the event that the employee was
paying four percent for the enhancement the bargaining unit would
come back to the table to discuss how that would be paid for -by the
employee. The Mayor expressed concern that the wording was
straying from Council's initial intent and therefore expressed his
desire to make it a part of the record to emphasize the previous
direction of the Council requiring the employee to pay the full
retirement enhancement.
Martin Millard, Costa Mesa, felt that higher level city employees
should, be encouraged to live within the City.
MOTION: Adopt Resolution No. 08-20: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
REVISING THE EXECUTIVE COMPENSATION PLAN AND
EXECUTIVE SALARY SCHEDULE TO REFLECT CHANGES IN
THE ESTABLISHED LABOR MARKETPLACE;
Adopt Resolution No. 08-21: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
REVISING THE SALARY RANGES FOR JOB
CLASSIFICATIONS WITHIN THE CONFIDENTIAL EMPLOYEES
UNIT;
Adopt Resolution No. 08-22: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
ADJUSTING THE RATES OF PAY FOR PART-TIME
CLASSIFICATIONS AND EMPLOYEES TO REFLECT THE
ESTABLISHED MARKETPLACE;
Approve Budget Adjustment 08-49, and authorize the Mayor to
sign; adopt Council Policy 300-2; adopt Council Policy 300-
7; and emphasize that as agreed all Miscellaneous Employees
(those represented by a bargaining unit as well as
unrepresented management, confidential and part-time
employees) would - pay the total cost of the retirement
enhancement from 2.0 to 2.5%@55.
Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem
Allan R. Mansoor.
The motion carried by the following roll call vote:
Ayes:. Council Member Linda Dixon, Council Member Wendy
Leece, Mayor Pro Tem Allan Mansoor, Mayor Eric Bever
Noes: None.
Absent: Council Member Katrina Foley
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA. CALIFORNIA. ACCEPTING FIVE CITY -OWNED
ALLEY WAYS INTO THE CITY STREET SYSTEM.
(a). Budget Adjustment No. 08-048 for $900,000
The Mayor asked the Public Services Director regarding factors for
cost and quality of materials.
MOTION: Adopt Resolution No. 08-25; approve Budget
Adjustment 08-48, and authorize the Mayor to sign.
Moved by Mayor Eric R. Bever, seconded by Council Member
Linda W. Dixon.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor,
Council Member Linda W. Dixon, Council Member Wendy
Leece
Noes: None.
Absent: Council Member Katrina Foley
VIII. OLD BUSINESS
1. From the meeting of March 18 2008, rehearing request by Mayor
Eric R. Bever relative to the determination regarding_Plannng
Application PA -07-48_, for Richard and Wendy Schones, authorized.
agents _for_ Gary F. Schones, for property located at 378 Costa
Mesa Street.
Mayor Bever stated his reasons for requesting a
rehearing indicating that there were inconsistencies in the motion
and questioned the consideration of the alley issue. He felt that the
matter should be referred back to the Planning Commission for
their review of the non -permitted two -car garage and granny unit.
Council Member Leece clarified her motion and its intent stating
that under the recommendation of the staff the rear structure would
be brought into compliance. She commented that she felt that the
decision should stand.
Council Member Dixon expressed that she also had concerns
regarding the motion and supported the Mayor's decision to request
a rehearing. She commented that she did not wish to see the alley
used as a factor in the determination and supported review by the
Planning Commission.
Wendy Schones, Costa Mesa, applicant, commented on the
support of her abutting neighbors along with 62 other residents;
expressed concern on the matter being sent back to the Planning
Commission and opined that it would not be a fair meeting.
Tony Peca, Costa Mesa, reminded the Council of the unanimous
vote to reverse the Planning Commission's decision; questioned
the Mayor's request to rehear the matter; and asked the Council to
uphold their decision.
Richard Schones, Costa Mesa, the applicant, spoke about his
disappointment on the request to rehear the issue and felt that his
family was being made an example of a situation that seldom
occurs; requested that the matter not be sent back to the Planning
Commission opining that it would not allow for a fair hearing;
and asked the Council to uphold the original determination.
Dave Goldstein, Costa Mesa, expressed support to uphold the
Council's decision and requested to not send the issue back to the
Planning Commission.
Gary Schones, Costa Mesa, applicant, encouraged the City Council
to uphold their decision. He commented on the planning
application process, staff's "recommendation" relative to the alley,
commented that he had full staff support and that approval of the
Planning Commission was expected; felt that he was placed in a
disadvantaged position; reiterated his belief that an alley was once
planned at the rear of his property; and emphasized the support of
his neighbor who would be mostly affected.
Jerry Lund, Costa Mesa, advised he is a neighbor of eight years
and expressed support of keeping the granny unit.
Kerri Reed, Costa Mesa, encouraged the Council to deny the
rehearing request.
Jim Righeimer, Costa Mesa, Planning Commissioner,, explained
concerns relating to an approval of the illegal buildings and
variances. . He recounted conversations that he had with the
Schones relating to issues with the granny unit, parking spaces,
and proper setbacks; commented on the need to bring the units up
to current code standards and expressed the safety concerns
relating non-conformance with the set -back requirements.
The Mayor commented that he did not believe based on the
information presented that there was to have been an alley installed
behind the property at the time the building ,was built and did not
feel that .was an argument that could be used to support an
approval.
Council Member Dixon asked that if the application is referred back
to the Planning Commission that the consideration of a tentative
alley be left out of the discussion.
Council Member Leece commented that she visited the site and
clarified that her motion was taken verbatim with staff
recommended findings and conditions of approval, that it was
intended for the building to be brought into compliance the building
and safety codes. Commented that while the properties were never
permitted the property has been handed down from generation to
generation, and each application of this type should be reviewed on
a case-by-case basis. She encouraged support of the original
Council determination.
MOTION: Refer the issue back to the Planning Commission with
the following directions that approval of the front house renovation
remaining intact; that the review is to address the rear accessory
apartment and that if the applicant is required to remove the
unpermitted building that it will remain in place until the renovation
has been completed and the occupancy permits have been issued.
Moved by Mayor Eric R. Bever, seconded by Council Member
Linda W. Dixon.
Council Member Leece commented that she felt that to require a
property owner to demolish a building was a form of eminent
domain.
Mayor Pro Tem expressed concern 'relative to referring the
application back to the Planning Commission, stated that he felt the
Schones' house was not the only house that was non -conforming
but would like to see some consistency in the application of the
regulation.
SUBSTITUTE MOTION: To approve the renovation. of the main
house; that the rear unit remain until a new policy for equal
enforcement relative to citywide non-conformance be determined
by the Planning Commission.
Moved by Mayor Pro Tem Allan R. Mansoor, seconded by Council
Member Wendy Leece.
Discussion amongst the Council and the City Attorney and staff
ensued regarding non -conforming buildings, variances, referring
the application and or a review of the policy for non-conformance to
the Planning Commission.
Mayor Bever felt that referring to the Planning Commission a review
of the code would need to be done through a separate motion.
Mayor recessed the meeting at 7:44 p.m.
The Mayor reconvened the meeting at 7:55 p.m.
The Mayor Pro Tem withdrew his substitute motion and made the
following substitute motion:
SUBSTITUTE MOTION: To grant the rehearing by the Council for
the second unit and garage; deny the .application for a variance
without prejudice; to refer the review of non -conforming uses to the
Planning Commission and that no action be taken on the granny -
unit pending the determination of the Planning Commission.
Clarification was made by the City Attorney regarding the necessity
for the rehearing before the Council relative to the application
and reference to the rear -unit.
Mayor Pro Tem Mansoor restated his motion:
SUBSTITUTE MOTION: Grant the request for the rehearing by
the Council regarding the existing rear -unit and garage relative
to the property located at 378 Costa Mesa Street; referred to
the Planning Commission review of the codes relative to legal
non -conforming structures and that no enforcement action will
be taken regarding the existing rear -unit and garage at the
subject location pending Planning Commissions
determination.
Moved by Mayor Pro Tem Allan R. Mansoor, seconded by
Council Member Wendy Leece.
Council Member Dixon confirmed that the renovation of the front
house is approved and not intended to be apart of the rehearing or
review.
The substitute motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor,
Council Member Linda W. Dixon, Council Member Wendy
Leece
Noes: None.
Absent: Council Member Katrina Foley
IX. NEW BUSINESS
Appointments to various Council -appointed committees.
a. Child Care and Youth Services Committee
b. Cultural Arts Committee
C. Fairview Park Friend/Fundraiser Committee
d. Historical Preservation Committee
e. Investment Oversiqht Committee
Management Analyst Carol Proctor presented -the staff report.
MOTION: Appoint Judith Connell and Dorothy Caruso to the Child
Care & Youth Services Committee.
Moved by Mayor Eric R. Bever, seconded by Council Member Linda
W. Dixon.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council
Member Linda W. Dixon, Council Member Wendy Leece
Noes: None.
Absent: Council Member Katrina Foley
MOTION: Re -appoint Christopher Bunyan, Ryan Baron, and Monet
Quick as regular members; and appointed Anthony Manrique, Irene
Pengard, and Monica Morita as alternate members to the Cultural
Arts Committee.
Moved by Mayor Eric R. Bever, seconded by Council Member Linda
W. Dixon. -
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council
Member Linda W. Dixon, Council Member Wendy Leece
Noes: None.
Absent: Council Member Katrina Foley
Council Member Dixon noted the apparent lack of interest in citizen
involvement in the Fairview Park Friend/Fundraiser Committee.
MOTION: Make no appointments and direct that the status of the
committee. be brought to a future meeting for discussion of possible
disbandment of the Fairview Park Friend/Fundraiser Committee'.
Moved by Council Member Linda W. Dixon, seconded by Mayor Eric
R. Bever.
The motion -carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council
Member Linda W. Dixon, Council Member Wendy Leece
Noes: None.
Absent: Council Member Katrina Foley
MOTION: Re -appoint Patti Bass, Margaret Johnson, and Mary Ellen
Goddard as regular members; appoint Jeff Mathews as senior
alternate member; and appoint Tyler Hilbert and Stephanie Love
Callen as alternate members to the Historical Preservation
Committee.
Moved by Council Member Wendy Leece, seconded by Mayor Eric R.
Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council
Member Linda W. -Dixon, Council Member Wendy Leece
Noes: None.
Absent: Council Member Katrina Foley
MOTION: Re -appoint Thomas Lightvoet and Pete Peterson to the
Investment Oversight Committee.
Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem Allan R.
Mansoor.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R.'Bever, Mayor Pro Tem Allan R. Mansoor, Council
Member Linda W. Dixon, Council Member Wendy Leece
Noes: None.
Absent: Council Member Katrina Foley
X. REPORTS
There were no,reports from the City Attorney and the City Manager.
XI. ADJOURNMENT - The Mayor declared the meeting adjourned at 8:18
p.m., to April 8, 2008, at 4:30 p.m., for a Study Session. The next
Regular City Council Meeting will be held on April 15, 2008.
ATTEST:
Cit _Clerk -of -the -City of Costa Mesa
1
1
Mayor of the City of Costa Mesa