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HomeMy WebLinkAbout05/19/2009 - City Council1 1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 19, 2009 The City Council meeting of the City of Costa Mesa, California met in regular session May 20, 2009, at 5:00 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 Mayor Allan R. Mansoor Present: Mayor Pro Tem Wendy Leece Council Member Eric R. Bever Council Member Katrina Foley Council Member Gary Monahan Council Members None Absent: Officials Present: City Manager Allan Roeder Assistant City Manager Thomas Hatch City Attorney Kimberly Hall Barlow Administrative Services Director Stephen Mandoki Human Resources Administrator Lance Nakamoto Administrative Secretary Leilani Ayers Council Member Foley arrived at 5:27 p.m. II. PUBLIC COMMENTS There were no public comments. III. CLOSED SESSION: 1. Pursuant to Government Code Section 54957.6.. conference with Allan L. Roeder. Citv Manaa_ er and Labor Neaotiator. Aaencv Neaotiator: Steve Mandoki. Administrative Services Director. reaardina Emr)lovee Ora_anizations: Costa Mesa Citv_ Emolovee Association (CMCEA). Costa Mesa Firefiahters Association (CMFA). Costa Mesa Police Officers Association (CMPOA) and Costa Mesa Police Manaaement Association (CMPMA). The Mayor recessed the meeting to the closed session held in Conference Room 1 B at 5:03 p.m. The Mayor reconvened the meeting at 6:00 p.m. PLEDGE OF ALLEGIANCE - Costa Mesa Boy Scout Troop 188 MOMENT OF SOLEMN EXPRESSION - Associate Pastor Nathan Abbate, Calvary Chapel ROLL CALL Council Members Mayor Allan R. Mansoor Present: Mayor Pro Tem Wendy Leece Council Member Eric R. Bever Council Member Katrina Foley Council Member Gary Monahan Council Members None 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 Legislative and Public Affairs Manager Ann Shultz Neighborhood Improvement Manager Muriel Ullman CDBG/Home Coordinator Mike Linares Management Analyst Alma Penalosa Administrative Secretary Leilani Ayers Office Specialist II Christine Lam CLOSED SESSION REPORT City Attorney Kimberly Hall Barlow reported no action was taken on the Closed Session item. PRESENTATIONS Mayor Mansoor introduced the presentation of Certificates of Recognition for Employees with 25, 30 and 35 years of service with the City of Costa Mesa. City Manager Allan Roeder provided an overview of the 55th Annual Recognition of Employee Service Program and presented a video highlighting employees that would be receiving service recognition awards on May 28, 2009, at 9:00 a.m., at the Neighborhood Community Center. IV. PUBLIC COMMENTS 1. Valerie Boston. Costa Mesa. reported that a neiahbor is trvina to build a brick wall and of the Droblems that he is encounterina due to lack of Drevious buildina Dlans: and oDined that addresses should be marked in the rear of the proDerties. 2. John Goddard, Costa Mesa. complimented Council Member Wendv_ Leece for her involvement with the Costa Mesa Senior Center. 3. Ashlev Danno. Costa Mesa. spoke on behalf of the American Coast Theater Company (ACTC) and announced the schedule of Dlays for the uDcomina third season and that tickets are available for on-line purchase at www.americancoasttheater.ora or to contact 714-619- 6424 for more information. 4. Darlene Letnis. Costa Mesa. spoke about incidents at the Costa Mesa Senior Center relatina to proarams and the treatment of seniors. 5. Jacaue Kravitz. Costa Mesa. stated she was a volunteer at the Costa Mesa Senior Center and noted the inaccurate statements made aaainst the Center. She exDressed concern about the loss of funding for Droarams and services Drovided by the Senior Center. 6. Judv Lindsay. Costa Mesa. states she is a member of the Costa Mesa Senior Center Board and exDressed disaDDointment with Council Members and local citizens for accusations against the Center. 7. Rebecca Riaali. Costa Mesa. stated she is an instructor at the Costa Mesa Senior Center: pointed out the benefits of uniaue proarams and commended the Senior Center staff and their services. 8. Anna Kozma. Newport Beach. referred to the negative statements aaainst the Senior Center and pointed out the positive Droarams and services provided by the Center. 9. Elizabeth Scheele. Costa Mesa. implored the Council to keep the Costa Mesa Senior Center "as is." and shared about her eniovable exDerience at the Center. 10. James R. White. Costa Mesa. shared the various proarams and services offered at the Costa Mesa Senior Center and encouraa_ ed seniors to visit their website at www.costamesasenior.org. 11. Carol Fortier. Costa Mesa, commended the services provided by the Costa Mesa Senior Center and expressed support of the Center's leadership and staff. 12. Ernie Feenev. Costa Mesa. announced the Huntinaton Beach Senior Center is offering_ hot meals and free movies and activities for seniors displaced by the Senior Center audit and closure during the first week in June. 13. Kathleen Eric. Costa Mesa, spoke about arafFti on the Westside and rep_ orted problems alona 18th Street. Wallace Avenue. Center Street, and Pomona Avenue. 14. John Feenev. Costa Mesa, thanked Director of Public Services Peter Naahavi and his staff for improvements at the 1-405 Freewav and Fairview Road: and spoke in opposition to the Emera_ encv_ Medical Services (EMS) fees. 15. Mike Berrv, Costa Mesa, commented on an article relatinq to crime in the Citv and auestioned the cities referenced as comparisons. and suggested a standardized reference to cities with common borders. 16. Martin Millard, Costa Mesa, expressed opposition to Council's approval of Emeraencv_ Medical Services (EMS) fees and felt there was a need to cut Citv expenses. 17. Paul Flaniaan, Costa Mesa, opined that there was not a rational basis for the claims aaainst the Costa Mesa Senior Center. 18. Aviva Goldman, Executive Director of the Costa Mesa Senior Center, reported that the senior meal program would not be available durina the closure of the Senior Center. She noted the result of a survev relative to the service, reporting that oniv five seniors were interested. She reauested to meet with Council Member Leece to resolve issues with the Center. 19. Marian Chris. Costa Mesa, stated she is a volunteer at the Senior Center and commented on an incident involving a non- member: reported when it was resolved. She noted that the membership has increased at the center. 1 V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Council Member Gary Monahan encouraged the voters to vote before the closing of voting booths and requested the matter of a Tree Root Policy be agendized to a future meeting. Mayor Pro Tem Wendy Leece reported she attended the League of California Cities meeting relating to local government funding and encouraged the Council to contact the Governor requesting not to remove local funding; announced the Kiwanis Golf Tournament was held on May 18, 2009, and raised approximately $6,000 in donations for the Costa Mesa Community Foundation; advised that the Costa Mesa Historical Preservation Committee is working on a brochure on the Newport Boulevard historical markers and detailed building histories; referred to comments by a public speaker regarding 2679 East 17th Street and the displaying of addresses on the rear of properties and requested staff for an update; expressed interest in implementing the Neighborhood Pride program; requested information from the City Manager regarding curfew sweeps; requested staff to look into the amendment of a zoning code relating to film permits and conditional use permits noting conflicting information in the process; expressed interest in meeting with the Executive Director of the Costa Mesa Senior Center to resolve issues at the Center and voiced her concern on the transparency of the Center. Council - Member Katrina Foley referred to a notification letter from Southern California Edison regarding the increase of rates and expressed interest in sending a letter in opposition of the fee increases. VI. CONSENT CALENDAR CONSENT CALENDAR ITEM NOS. 1 THROUGH 9. MOTION: Approve recommended actions for Consent Calendar Items Nos. 1 through 9, except for Consent Calendar Item No. 6. Moved by Council Member Gary Monahan, seconded by Council Member Eric R. Bever. The motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. 1, Readina Folder. ACTION: The following claims were received and processed by the City Clerk: Baiba Reitere; Michelle Dhamrongsithi on behalf of Brian Tunstall. The following requests for Alcoholic Beverage Control Licenses were received and processed: For Notkon LLC, for Tiki Bar (formerly ROC) located at 1700 Placentia Avenue, for a person-to-person transfer of a type 48 (on - sale general, public premises). For Jain Malti, for Bucks Bin located at 1089 Baker Street, Suite A, for a person-to-person transfer of a type 21 (off -sale general). For Sherbanee Enterprises Inc., for Turnip Rose (Previously Vegas Nightclub) located at 1901 Newport Boulevard, Suite 100 and LL101, for a premise -to -premise and stock transfers of a type 47 (on -sale general for a bona fide eating place), type 58 (caterer permit), and type 68 (portable bar). 2. Adiourned Reaular Meetina Minutes of April 14, 2009, Rea_ ular Meetina Minutes of April 21, 2009 and Mav 5, 2009. ACTION: Approved Regular Meeting minutes for May 5, 2009; continued the Adjourned Regular Meeting minutes of April 14, 2009, and Regular Meeting minutes for April 21, 2009. 3. Warrant Resolution 2265, fundina Pavroll No. 909 for $2.531,849.75, and Pavroll No. 908A for $2,108.17, and Citv_ operatina expenses for $939.178.74 including Davroll deductions. ACTION: Resolution adopted. 4. Warrant Resolution 2266, funding_ Citv_ operatina_ expenses for $1,516,012.32. ACTION: Resolution adopted. 5. SUDDlier Aareement with Office Max. 7300 Chapman Avenue. Garden Grove, for the purchase of office su_DDlies throuah the America Saves cooperative price agreement, beainnina July 1. 2009. ACTION: Approved; authorized the Mayor and City Clerk to sign. 7. Completion of Roadwav Rehabilitation of Harbor Boulevard from Wilson Street to Newport Boulevard, Federal Proiect No. STPL- 5312 (051). Citv Proiect No. 07-05, by R.J. Noble ComDanv. 15505 East Lincoln Avenue. Oranae. ACTION: Work was accepted; City Clerk was authorized to file a Notice of Completion; authorization was given to release of 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 seven (7) months thereafter. 8. Completion of Roadwav Rehabilitation of South Coast Drive from 500 feet West of Harbor Boulevard to Hvland Avenue. Federal Proiect No. STPL-5312 (062). Citv Pro iect No. 07-09. bv_ R.J. Noble Companv. 15505 East Lincoln Avenue. Oranae. ACTION: Work was accepted; City Clerk was authorized to file a Notice of Completion; authorization was given to release of 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 seven (7) months thereafter. 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA. AUTHORIZING RECORDS DESTRUCTION FOR THE RECREATION DIVISION AND HUMAN RESOURCES DIVISION RISK MANAGEMENT SECTION OF THE ADMINISTRATIVE SERVICES DEPARTMENT OF THE CITY OF COSTA MESA. PURSUANT TO ORDINANCE NO. 75-60. ACTION: Withdrawn. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Adopt plans, specifications. and workina details for the rehabilitation of Five Allevs: Allev No. 61. Alley No. 65. Allev No. 80. Allev No. 107. and Allev No. 108. City Proiect No. 09-06. and award construction contract to NPG. Inc.. 1354 Jet Wav_ . Perris. in the amount of $432.807 (base bid only). Council Member Leece commended the Public Services staff for their efforts and expressed appreciation to City residents for their patience and concerns. Valerie Boston, Costa Mesa, spoke about the needed improvements of the alleys and expressed appreciation to City staff. MOTION: Approve; authorize the Mayor and City Clerk to sign. 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 Eric R. Bever, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. VII. PUBLIC HEARINGS PUBLIC HEARING: 2009-2010 Community Development Block Grant Public Service Grant Allocations. CDBG/HOME Coordinator Mike Linares summarized the staff report and Neighborhood Improvement Manager Muriel Ullman was present to respond to questions from the Council. Council Member Foley recused herself from the discussion and decisions relating to the Costa Mesa Senior Center claiming a conflict of interest due to business interests. Arlene Flanigan, President of the Senior Center Board, thanked the City for the allocated funding to the Senior Center. She noted the impact of the economy on donations to the Center and announced that the Board would assess the impact of decreased donations during their closure in June. MOTION: Approve grant allocations for the Costa Mesa Senior Center (CMSC) — Social Services and the CMSC — Lunch Box. Moved by Mayor Allan R. Mansoor, seconded by Council Member Gary Monahan. The motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Gary Monahan Noes: None. Abstain: Council Member Katrina Foley Absent: None. RECESS: The Mayor declared the meeting recessed at 7:23 p.m. AFTER RECESS: The Mayor reconvened the meeting at 7:32 p.m., with all Council Members present except for Council Member 1 1 Bever. Dustin Manhart, Community Senior Serve, recommendations and stated that they are willing for seniors while the Center will be closed during required an appropriate serving area. supported the to provide meals June; however, Council Member Bever entered the Council Chambers at 7:34 p.m. Sasha DaCosta, Costa Mesa, spoke about the Youth Employment Services (Y.E.S.) and the help they provided in finding her a job. She expressed appreciation for the program and recognized the extra effort by Y.E.S. staff. Tracy Royan, Costa Mesa resident and President of Y.E.S., spoke about the services of Y.E.S., and thanked the Redevelopment and Residential Rehabilitation (3R) Committee and City Council for their recommendations and support. Maricela Rios, Chief Officer of Human Options, shared about the services provided and noted the budget reductions made to the program. She expressed appreciation of the recommendations and hoped the Council would approve. Valerie Boston, Costa Mesa, commended the Y.E.S. organization and the services provided. Chrissy Brooks, Costa Mesa resident and Executive Director of Mika, thanked the 3R Committee and announced a partnership with Wells Fargo to expand their program in the City. MOTION: Approve the requested grant amounts of Project Independence and Elwyn; deny grant allocations to Community & Schools Collaborative, Colette's Children's Home, and Human Options; allocate $59.00 of "Additional Amount Available to Program" to fund the requested amounts of $20,000 for Project Independence and $25,000 for Elwyn; and allocate the remaining $1,789 of "Additional Amount Available to Program" to Mercy House. Moved by Council Member Gary Monahan, seconded by Mayor Allan R. Mansoor. SUBSTITUTE MOTION: Approve remainder of grant allocations. Moved by Council Member Eric R. Bever, seconded by Council Member Katrina Foley. Discussion ensued among the Council relating to the recommendations of the 3R Committee and the objective process. Council Member Monahan requested the maker of the substitute motion- to add the "Additional Amount Available to Program" to either Project Independence or Elwyn. Council Member Bever agreed to allocate that amount to Elwyn and the seconder agreed. The motion restated: SUBSTITUTE MOTION: Approve remainder of grant allocations with the "Additional Amount Available to Program" of $1,848 allocated to Elwyn. Moved by Council Member Eric R. Bever, seconded by Council Member Katrina Foley. The substitute motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Katrina Foley Noes: Council Member Gary Monahan Absent: None. 2. PUBLIC HEARING: Fiscal Year 2009-2010 Fundina_ Priorities for Communitv Development Block Grant (CDGB) and Home Investment Partnership Proaram (HOME). (a). Recommended allocation for the Fiscal Year 2009-2010 Community Development Block Grant (CDBG) Application. (b). Recommended allocation for the Fiscal Year 2009-2010 HOME Investment Partnership Grant. (c). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; authorizing the City Manager to act as the official representative of the City in order to submit the Annual Action Plan, and all certificates and assurances contained therein, and directing and authorizing the, City Manager to act in connection with the submission of the Annual Action Plan, and to provide such additional information as may be required. Management Analyst Alma Penalosa presented the staff report and the Neighborhood Improvement Manager gave an overview of the Housing and Economic Recovery Act of 2008 Fund, American Recovery and Reinvestment Act Fund, and the Neighborhood Stabilization Program 1. She responded to questions from the City Council relating to funding commitments and requirements. MOTION: Approve recommended allocation for the Fiscal year 2009-2010 Community Development Block Grant (CDBG) Application. Moved by Mayor Allan R. Mansoor, seconded by Council Member Gary Monahan. The motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. MOTION: Approve recommended allocation for the Fiscal Year 2009-2010 HOME Investment Partnership Grant. Moved by Mayor Allan R. Mansoor, seconded by Council Member Gary Monahan. The motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. MOTION: Adopt Resolution No. 09-36. Moved by Mayor Allan R. Mansobr, seconded by Council Member Gary Monahan. The motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. VIII. OLD BUSINESS 1. Continued from the meetina of Mav 5, 2009, second reading_ and adoption of Ordinance 09-3: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -09-01 AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING OFF-STREET PARKING STANDARDS FOR SINGLE-FAMILY DETACHED UNITS WITH FIVE OR MORE BEDROOMS IN R1 ZONES AND SMALL LOT, DETACHED, SINGLE-FAMILY COMMON INTEREST DEVELOPMENTS. Acting Development Services Director Kimberly Brandt recommended adoption of Ordinance No. 09-3, and responded to questions from the Council concerning zoning. Council Member Bever expressed reservation questioning the original intent of the Planning Commission. MOTION: Send the item back to the Planning Commission to solve the issues that initiated the process for amending the zoning code. Moved by Mayor Allan R. Mansoor, seconded by Mayor Pro Tem Wendy Leece. SUBSTITUTE MOTION: Adopt Ordinance No. 09-3, read by title only, and waive further reading Moved by Council Member Gary Monahan, seconded by Council Member Katrina Foley. Discussion ensued among the Council relating to the original motion, addressing group homes and remodels, and the concern of code application to new construction only. The Acting Development Services Director referred to Table 13-85(a) of the ordinance and clarified for the Council the proposed amendments to the zoning code. The substitute motion carried by the following roll call vote: Ayes: Mayor Allan R. Mansoor, Council Member Katrina Foley, Council Member Gary Monahan Noes: Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever Absent: None. 2. Continued from the meeting of Mav_ 5. 2009, second reading_ and adoption of Ordinance 09-6: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA. AMENDING SECTION 9-179 AND ADDING SECTION 7-19 OF THE COSTA MESA MUNICIPAL CODE REGULATING FIREWORKS. (a). Review of Council Policy 400-2 - Regulations Governing Fireworks - pertaining to the restrictions on the number of fireworks stands within the limit of 40 fireworks sales stands. Legislative & Public Affairs Manager Ann Shultz presented the staff report. Valerie Boston, Costa Mesa, expressed support of the ordinance; pointed out the jurisdiction of the Fire Chief and thanked him for allowing fireworks sales. MOTION: Adopt Ordinance No. 09-6, read by title only, and waive further reading. Moved by Council Member Katrina Foley, 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 Eric R. Bever, Council Member Katrina Foley Noes: Council Member Gary Monahan Absent: None. Discussion ensued among the Council relating to Council Policy and the number of fireworks stands allowed for each type of organization. MOTION: Eliminate regulation nos. 3, 4, and 5 of the Policy. Moved by Council Member Gary Monahan, seconded by Council Member Katrina Foley. Council Member Foley questioned the impact of removing the regulations and the possibility of majority of permits issued to one organization. Council Member Monahan withdrew his original motion. MOTION: Direct staff to amend the Council Policy regulation nos. 3, 4, and 5 by increasing the amount of- permits allowed for each category by one. Moved by Council Member Gary Monahan, seconded by Council Member Katrina Foley. The motion carried by the following roll call vote: 1 Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece, Council Member Eric R. Bever, Council Member Katrina Foley, Council Member Gary Monahan Noes: None. Absent: None. IX. NEW BUSINESS 1. Administrative Hearina Waiver (submitted by propertv owner) for Emeraencv Abatement at 2256 Oranae Avenue (APN 426-073-28). ACTION: Withdrawn X. REPORTS The City Manager reported on discussions by the Governor relating to borrowing local government property tax and sale of State assets, and requested the Council's permission to bring back a resolution concerning their position on the sale of the Orange County Fair & Event Center. The Council expressed their unanimous support to not sell the Fairgrounds and to keep it as open space. The City Attorney announced at the request of Council Member Monahan to agendize the matter of placing the item on the November ballot.to keep the Fairgrounds as open space. The City Manager suggested to the Council to keep an open mind of the possibility of removing the asset from state ownership and to preserve under local control. XI. ADJOURNMENT - The Mayor declared the meeting adjourned at 8:37 p.m. The next Regular City Council Meeting will be held on June 2, 2009. Mayor of the City of Costa Mesa ATTEST: 4.-rk of the, City of Costa Mesa 1