HomeMy WebLinkAbout09/01/2009 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
September 01, 2009
The City Council meeting of the City of Costa Mesa, California met in regular
session September 01, 2009, 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 R. Mansoor
Mayor Pro Tem Wendy Leece
Council Member Katrina Foley
Council Member Gary Monahan
Council Members Absent: Council Member Eric R. Bever
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 LEGAL COUNSEL - Pendina Litiaation:
Grvde v. Citv of Costa Mesa, Superior Court of the State of
California, Oranae Countv, Case No. 30-2008 00101068, pursuant
to Government Code Section 54956.9 (a).
The Mayor recessed the meeting at 5:04 p.m. to Conference Room 1A for the
closed session.
The Mayor reconvened the meeting at 6:00 p.m.
PLEDGE OF ALLEGIANCE - Richard "Dick" Higgins, Chief Electronic
Technician, United States Navy (Retired), WWII and Pearl Harbor Survivor
MOMENT OF SOLEMN EXPRESSION - Pastor Doug Hamp, Calvary Chapel
Costa Mesa
MOMENT OF SOLEMN EXPRESSION - The Mayor requested a moment of
silence in memory of fallen hero Lance Corporal Donald J. Hogan of the 1st
Battalion, 5th Marine Regiment, 1st Marine Division based in Camp
Pendleton, who was killed on August 26, 2009, supporting combat
operations for Operation Enduring Freedom in Afghanistan.
ROLL CALL
Council Members Mayor Allan R. Mansoor
Present: Mayor Pro Tem Wendy Leece
Council Member Katrina Foley
Council Member Gary Monahan
Council Members Council Member Eric R. Bever
Absent:
Officials Present: City Manager Allan Roeder
Assistant City Manager Thomas Hatch
City Attorney Kimberly Hall Barlow
Acting Development Services Director Kimberly
Brandt
Public Services Director Peter Naghavi
Chief of Police Christopher Shawkey
Management Analyst Alma Penalosa
CDBG/HOME Coordinator Mike Linares
Police Captain Ron Smith
Police Sergeant Robert Sharpnack
City Clerk Julie Folcik
CLOSED SESSION REPORT
The City Attorney reported that no action was taken on the closed session.
IV. PUBLIC COMMENTS
1. Chris McEvov. Costa Mesa. suaaested a cost cutting measure of
Dlacina street liahts onlv at corners and intersections.
2. Terry Shaw. Costa Mesa. announced the Annual Open House of
the Costa Mesa Historical Societv at the Estancia Adobe to be held
on September 19. 2009. from 10:00 a.m. to 2:00 D. m.
3. Martin Millard. Costa Mesa. Drovided a Dicture of araffiti found in the
Mesa North area of the city and identified it as a aana threat. noted
an increase of such araffiti and suaaested that the city eliminate the
"slums" in order to eliminate the aanas. He also suaaested
discontinuing_ support of activities that encouraa_ a the draw of the
homeless to the area.
4. Ernie Feenev, Costa Mesa, reported that the Costa Mesa Senior
Center has enacted a reauirement that oniv members of the Center
were allowed to use the Senior Center Medical Van and felt that it
should be available to all seniors who is need of the service.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
Mayor Allan Mansoor requested the City Manager to contact the Hoag
Foundation and follow-up on the matter of the Senior Center Medical Van.
City Manager Allan Roeder indicated that he would also follow-up with the
Costa Mesa Senior Center relative to the changes in the service program
requirement.
Council Member Katrina Foley reported on her attendance of the Costa
Mesa Youth Sport Council meeting and of their accomplishments made
over the summer noting the improvements of the TeWinkle Sports
Field, Parson's Field, the Estancia Weight Facility, and of the future
projects that are in the planning stages. She expressed her appreciation
of City staff in their efforts in creating ways of keeping track of users and
facility enhancement needs. She commented on a public speaker's
suggestion regarding the street lights noting her opposition and pointed out
that street lights are a deterrent to crime. She requested clarification on
the location of a claim the city received and requested Chief of Police
Christopher Shawkey to provide information relating to graffiti in areas
near Costa Mesa schools. The Police Chief noted that current
discussions were underway to look at new strategies to address the graffiti
problem and of the on-going investigation of the particular case.
Council Member Gary Monahan expressed his agreement with Council
Member Foley on street lights noting that it is a crime deterrent; referred to
the Senior Center Transportation Program and asked that the City
Manager look into the Orange County Transportation Authority (OCTA)
grant received by the Senior Center.
Mayor Pro Tem Wendy Leece reminded the audience of the cooling center
located at the Downtown Recreation Center and to call 714-327-7560 for
more information; agreeing with a public speaker regarding the Senior
Center Medical Van, indicated that she would like such services to be
available to all the seniors who need it; announced her resignation as the
liaison to the Senior Center Board of Directors due to an increase
in commitments; reported that she attended the Eagle Scout Code of
Honor at St. Joachim Church; and thanked all who donated to the Costa
Mesa Community Foundation for the Concerts in the Park events.
VI. CONSENT CALENDAR ITEM NOS. 1 THROUGH 8.
MOTION: Approved recommended actions for Consent Calendar Item
Nos. 1 through 7, except for Consent Calendar Item No. 8.
Moved by Mayor Allan R. Mansoor, seconded by Council Member
Katrina Foley.
The motion carried by the following roll call vote:
Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council
Member Katrina Foley, Council Member Gary Monahan
Noes: None.
Absent: Council Member Eric R. Bever
(With Council Member Monahan abstaining from Consent Calendar Item
7)
Readina Folder.
ACTION: The following claims were received and processed by the
City Clerk: Gabriel Attallah; Thomas Aaron Nagode; and David E.
Cane on behalf of Newport Condominium Association.
2. Reaular Adiourned Meetina/Studv Sessions of July 14. 2009 and
Auaust 11, 2009: Special Meetina_ of Auaust 11. 2009: and Rea_ ular
Meetina of Auaust 18. 2009.
ACTION: Approved.
3. Warrant Resolution 2280. fundina Citv operatina expenses for
$717.647.18. - -
ACTION: Resolution adopted.
4. Warrant Resolution 2281. fundina Pavroll No. 917 for
$2.471.695.73 and Pavroll No. 916A for $11.315.44 and Citv_
operatina expenses for $958.364.12 includina Dayroll deductions.
ACTION: Resolution adopted.
5. Adopt plans. specifications. and workina details for the
rehabilitation of Tustin Avenue (15th Street to 17th Street) Citv
Pro iect No. 09-15: waive minor irreaularities: and award
construction contract to C.J. Concrete Construction. Inc.. 10142
Shoemaker Avenue. Santa Fe Sprina_ s. in the amount of
$555.091.25.
ACTION: Approved; authorized the Mayor and City Clerk to sign.
6. Telecommunications Services for Local. Lona Distance and Internet
Connectivitv, miarating existina voice and data services with SBC
Global Services. Inc. dba AT&T Global Service on behalf of Pacific
Bell Telephone Company. dba AT&T California. 3675 T Street.
Room 121. Sacramento.
ACTION: Approved; authorized the City Manager to execute the
two requests for a term of two (2) years and to sign the Letter of
Agency and Letter of Authorization to order.
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA. AUTHORIZING APPLICATION
FOR. AND ACCEPTANCE OF. A GRANT AWARD FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE
"SELECTIVE TRAFFIC ENFORCEMENT PROGRAM".
(a). Budget Adjustment No. 10-005 for $300,000.
ACTION: Adopted Resolution No. 09-60; approve Budget
Adjustment No. 10-005 and authorized the Mayor to sign. (Council
Member Gary Monahan abstaining).
ITEM REMOVED FROM THE CONSENT CALENDAR
8. Response to Orana_e County Grand Jurv_ rea_ardina_ the Paper Water
Report.
Jim Fitzpatrick, Costa Mesa, encouraged more coordination with the water
agencies, suggesting a focus on regional solutions and efforts with regards
to water conservation.
Terry Shaw, Costa Mesa, attended the California Water Crisis at the
Orange County Water District and distributed a copy of a packet
concerning the Delta issue to the City Council.
Martin Millard, Costa Mesa, encouraged the City to create and make
available a plant palette of native plants for residents to use as a guide
when landscaping.
John Feeney, Costa Mesa, opined that in Environmental Impact Reports
(EIR) for proposed developments that the availability of water when there
is a water shortage should be more accurately addressed.
MOTION: Authorize Mayor to sign.
Moved by Mayor Allan R. Mansoor, seconded by Council Member
Katrina Foley.
The motion carried by the following roll call vote:
Ayes:. Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council
Member Katrina Foley, Council Member Gary Monahan
Noes: None.
Absent: Council Member Eric R. Bever
It was unanimously agreed to proceed with New Business Item No. 1, as it was
not yet the time set for Public Hearings.
IX. NEW BUSINESS
Approval of Homeless Prevention and Rap_ id Re -Housing_ Proa_ ram
(HPRP) funds distribution.
Management Analyst Alma Penalosa presented the staff report and
along with CDBG/HOME Coordinator Mike Linares responded to
questions from the City Council regarding outreach efforts to inform
of the program, and the criteria for those who would qualify, noting
that the benefit would be available to those who were Costa Mesa
residents and able to regain their stability.
Jean Wagner, Executive Director of Spin, noted that they had been
operating in the City of Costa Mesa since 1990 and advised the
organization's outreach efforts in promoting their work through that
of churches, 211, the Newport -Mesa Unified School District, other
non -profits such as The United Way, through the Newport -Mesa
Assistance League, and informed that a local radio station would be
making a public announcement that the program funds were
available.
Staff responded to questions regarding relocation costs, rental
assistance, HUD's criteria relative to legal residency, Federal
criteria for residency, clarity of the program's purpose, and how it
differs from the focus of the City's Homeless Task Force.
Martin Millard, Costa Mesa, former member of the 3-R Committee,
encouraged the City Council not to vote on the item until the
surrounding cites had taken action. He suggested looking further
into the operational costs of the non -profits before making a
decision and pointed out that the program could benefit people who
were in the country illegally.
MOTION: Approve the Redevelopment and Residential
Rehabilitation (3R) Committee recommendation for distribution of
the Homeless Prevention and Rapid Re -housing Program (HPRP)
funds; authorize the City Manager to act as the official
representative of the City and to execute all the Professional
Services Agreement with the selected sub -grantees related to the
receipt of HPRP funds.
Moved by Council Member Katrina Foley, seconded by Council
Member Gary Monahan.
The Mayor commented that he would not support the motion as the
program would identify who was a Costa Mesa resident but not if
they were in the country illegally, that it would benefit
renters only and noted that it was "not a long-term fix."
Mayor Pro Tem Leece expressed a concern of having to quickly
approve a program where there were "many unknowns" and
therefore would not support the motion.
Council Member Monahan withdrew his second to the motion.
MOTION: Continue the item to the meeting of September 15,
2009.
Moved by Council Member Gary Monahan, seconded by
Council Member Katrina Foley.
Council Member Foley expressed her disappointment noting that
the program would help those that are struggling and could use the
assistance. In response to an inquiry, it was expressed by staff that
the deadline for the contract to be enacted was September 30,
2009.
The Mayor noted his concern that the money could benefit an
illegal resident and felt that there needed to be safeguards in
place.
Council Member Monahan expressed his support of the program;
felt that many could benefit from the assistance and noted that the
Police Department spends a lot of time addressing homelessness
issues.
Mayor Pro Tem Leece was interested in the federal requirements
for such aid as she would not like the program assistance. to
benefit those who were in the country illegally.
Questions from Council were responded to by staff regarding
allocations received by other cities and if denied how the money
would otherwise be dispersed.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Wendy Leece, Council Member Katrina
Foley, Council Member Gary Monahan
Noes: Mayor Allan R. Mansoor
Absent: Council Member Eric R. Bever
VII. PUBLIC HEARINGS
1. PUBLIC HEARING: Recommended allocation of funds for the
2009-2010 Citizens' Option for Public Safety/Suaa_ lemental Law
Enforcement Services Fund (COPS/SLESF).
Chief of Police Christopher Shawkey briefly summarized the staff
report.
MOTION: Approve.
Moved by Mayor Allan R. Mansoor, seconded by Council
Member Katrina Foley.
The motion carried by the following roll call vote:
Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece,
Council Member Katrina Foley, Council Member Gary
Monahan
Noes: None.
Absent: Council Member Eric R. Bever
VIII. OLD BUSINESS
No Old Business scheduled.
IX. NEW BUSINESS
2. Review of Nestor Red Liaht Camera Enforcement Proaram.
The Chief of Police introduced the item and Police Sergeant Rob
Sharpnack gave a presentation on the Nestor Red Light Camera
Enforcement Program which covered traffic safety impacts, and
operational issues such as picture quality, billing, citation
dismissals, revenue losses, company relations, and alternatives
that may be considered relative to the program. Questions from the
Council included target enforcement, the issuance, enforcement
and impact of the citations, and the alternatives as presented in the
staff report.
Terry Shaw, Costa Mesa, encouraged the Council to consider
discontinuing the program.
Beth Refakes, Costa Mesa, stated she was initially supportive of
the program due to the traffic issues on the Eastside. She opposed
the cost to the City of the current program and supported either
finding a new vendor.
Chris McEvoy, Costa Mesa, commented that due to the cost of the
program suggested alternative three and to obtain a new vendor.
MOTION: Direct staff to bring back for consideration a report
on Alternatives Nos. 1, 2, and 3, as noted in the staff report.
Moved by Mayor Allan R. Mansoor, seconded by Mayor Pro
Tem Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece,
Council Member Katrina Foley, Council Member Gary
Monahan
Noes: None.
Absent: Council Member Eric R. Bever
3. Letter of Resia_ nation from Plannina_ Commission Vice Chair James
Fisler. =
The City Manager presented ---the,- staff report and noted the
resignation of James Fisler `as Vice -Chair :of_- the Planning
Commission due to his appointment' to=the Board" of the Mesa
Consolidated Water District.
Jim Fitzpatrick, Costa Mesa, encourage-d=thb- Council to maintain
the opportunity for residents to get involved -arid serve the City.
MOTION: Direct staff to prepare a public notice and establish a
deadline for soliciting applications for consideration of an
appointment to the Planning Commission and, if necessary,
the Parks and Recreation Commission; and also for Council to
consider the consolidation of the Planning Commission and
Parks and Recreation Commission.
Moved by Mayor Allan R. Mansoor, seconded by Council
Member Gary Monahan.
The Mayor explained his motion noting that a member of the Parks
and Recreation Commissioner may be interested in applying and
therefore, felt that it was appropriate to discuss collectively.
Council Member Foley stated that she would not support the motion
as she felt that the Parks and Recreation Commission and the
Planning Commission address unrelated topics and should be kept
separate.
The motion carried by the following roll call vote:
Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece,
Council Member Gary Monahan
Noes: Council Member Katrina Foley
Absent: Council Member Eric R. Bever
X. REPORTS
City Manager reported that former Parks Commissioner Dave Stiller has
returned home from surgery and is doing well.
XI. ADJOURNMENT - Mayor Mansoor adjourned the meeting in memory
of Lance Corporal Donald J. Hogan. The meeting was adjourned at
7:49 p.m., to September 8, 2009, 4:30 p.m., for a Study Session. The
next Regular City Council Meeting is scheduled to be held September
15, 2009.
Mayor of the City of Costa Mesa
ATTEST:
Cit Clerk of the_City of -Costa Mesa
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