HomeMy WebLinkAbout02/21/2006 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
February 21, 2006
The City Council meeting of the City of Costa Mesa, California met in regular
session February 21, 2006, at 6:00 p.m., in the Council Chambers of City Hall, 77
Fair Drive, Costa Mesa. The meeting was called to order by the Mayor.
PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN
ROLL CALL
Council Members Present: Mayor Allan Mansoor
Mayor Pro Tem Eric Bever
Council Member Linda Dixon
Council Member Katrina Foley
Council Member Gary Monahan
Council Members Absent: None
Officials Present: City Manager Allan Roeder
City Attorney Kimberly Hall Barlow
Development Services Director Donald Lamm
Public Services Director William Morris
City Clerk Julie Folcik
(Council Member Foley entered at 6:37 p.m.)
PRESENTATIONS
Mayor Mansoor congratulated the Administrative Services and
Development Services Employees who were named Employees of the
Month for February 2006, in recognition of their hard work and personal
commitment to the successful implementation of the -Residential
Remodeling Incentive Program (RRIP) in the Fall of 2005: Salem
Abderraham, Plan Check Engineer, Development Services Thanh Bui,
Systems and Programming Supervisor, Administrative Services Leigh
Chalkley, Central Services Supervisor, Administrative Services Charles
Chamoun, Plan Checker, Development Services, Regina Diaz, Permit
Processing Specialist, Development Services Ben Elllingson, Combination
Inspector, Development Services Martha Ford, Plan Check Engineer,
Development Services Jim Golfos, Chief of Code Enforcement,
Development Services Gary Hook, Building Inspector, Development
Services Silvia Kennerson, Building Technician II, Development Services
Bonnie Kubota, Building Technician II, Development Services Henry
Martinez, Combination Inspector, Development Services Burt Morgan,
Chief Plans Examiner, Development Services Khahn Nguyen, Building
Official, Development Service Dawn Nichols, Office Coordinator,
Development Services Pete Tenace, Combination Inspector, Development
Services.
MADD Orange County DUI Enforcement Awards
Bob Marlow representing Mother's Against Drunk Driving (MADD),
and Sgt. Richard Allum presented awards to the following Officers for their
efforts to improve the safety of the community by the removal of impaired
drivers from the streets: Officer Jeff Horn, Officer Alberto Lopez, Officer
Jeff McCann, Officer Gerry Stukkie, Officer George Rose, Officer Chris
Bates, Officer John Elliott, and Officer Shawn Leffingwell. On March 16th
at Nixon Library in Yorba Linda, from 12:00 p.m. to 2:00 p.m., Officers
Mike Yamada and Jose Torres will be recognized at the annual recognition
award luncheon for arrests that total over 100 each.
IV. PUBLIC COMMENT
Alma Ramirez, Anaheim, spoke of various religions and ethnicity in
Orange County.
James Robert Reade, Anaheim, recounted a history of accomplishments s
of Dr. Hector Garcia, Hispanic Civil Rights Activist, and how it relates to
recent activities relative to Civil Rights.
Paul Flanigan, Costa Mesa, inquired, "What have we done to our nice
Costa Mesa?"
Rosalinda Guillen, Santa Ana, expressed concern with families that will be
negatively affected by the ICE proposal and asked that they be
remembered during the moment of silence.
Scott Sink, Anaheim, expressed the MOU for the ICE Program is creating
fear in parts of Orange County, voiced concern that victims of :,rimes or
witnesses have no guarantee of deportation and demanded the ICE
Proposal be reversed.
Humberto Caspa, Costa Mesa, spoke to the resignation of a 3-R
committee member.
Sean Duenser, La Mirada, asked the Council to rescind any resolution for
ICE Proposal as Police are here to protect citizens of the United States,
not act as Immigration Officers.
(Council Member Foley entered at 6:37 p.m.)
Peter Alexander, Costa Mesa, voiced that everyone is homeless and they
are aliens in a world of illusions.
Anne Hogan-Shereshevsky, Costa Mesa, spoke of household battery
disposal and requested Council to locate a place in Costa Mesa
convenient for residents; expressed concern regarding the ACCESS Fare
1/2 -cent tax.
Phil Morello, Costa Mesa, expressed support for the Mayor's proposal of
the ICE program.
Alfonso Ramirez, Costa Mesa, expressed opposition to the ICE proposal
and requested that Mayor Mansoor speak to the community regarding the
problem in Costa Mesa.
Council Member Foley requested actual translations of Spanish speakers
for the Council.
Sandra Genis, Costa Mesa, expressed opposition to the proposed Water
Pipeline project, announced a meeting at Huntington Beach City Hall on
February 27, 2006 at 6:00 p.m., and encouraged people to attend.
Coyotl Tezcatlipoca, requested a meeting with Council regarding ICE,
recited his phone number (714) 299-8817, and demanded that the Day
Labor Center be reopened and demanded the reversal of the ICE program
decision.
Naui Muitzilopochtli, Westminster, spoke in opposition to the ICE program
and closing the Day Labor Center, expressing that during Police issues,
racism does exist.
Christine Lopez, Westminster, expressed opposition to the ICE Program.
Beth Refakes, Costa Mesa, spoke about the undergrounding of the
utilities, suggested assessment districts be assessed during major
development and utilize underground utilities.
(inaudible) Ramos spoke on immigration and expressed concern of
families that could become separated due to deportation.
Harvey Burger, Huntington Beach, expressed that he does not support
citywide undergrounding of utilities, and hoped that the City would not
raise sales tax.
V. COUNCIL MEMBERS REPORTS, COMMENTS, AND SUGGESTIONS
Mayor Allan Mansoor emphasized that the ICE Program was for the
enforcement of criminals; was disappointed with misstatements that
occurred in several publications, shared his views on several matters that
may be on the ballot.
Council Member Linda Dixon thanked Anne Hogan Shereshevsky, for her
comments regarding the disposal of household batteries, and requested
that information pertaining to the disposal of batteries be placed on City's
website and cable channel.
Mayor Pro Tem Eric Bever, advised of the Costa Mesa Sanitary District's
events to collect hazardous materials.
VI. CONSENT CALENDAR
MOTION: To approve the recommended actions for Consent Calendar
Item Nos. 1 - 23, except for Consent Calendar Item Nos. 12, 16, and 17
and 24.
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 Katrina Foley, Council
-Member Gary Monahan,
Noes: None.
Absent: None.
1: Reading Folder.
ACTION: The following claims were received and processed: Richard
Astin and John McCullough.
The Follow Up Report was received
questions presented at the City Counci
from Council Member Linda Dixon in
Understanding (MOU) with Immigration
for Cross -Designation training.
2. Regular meeting af_Februa_y 7, 2006.
ACTION: Approved.
and processed: Reponses to
I meeting of December 6, 2005,
regards to the Memorandum of
and Customs Enforcement (ICE)
3. Warrant Resolution 2096 _funding City operating_ expenses_ for
$580.217.96.
ACTION: Approved.
4.. Warrant Resolution 2097 funding Payroll No. 603 for $2.149.178.93
and Payroll No. 602A for $88,125.00, and City operating expenses for
X1,215 402.56, including payroll deductions.
ACTION: Approved.
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA. CALIFORNIA. AMENDING SALARY RESOLUTION 05-67 OF
THE COSTA MESA CITY EMPLOYEES ASSOCIATION: relative to the
Computer Operations/Networking Supervisor Classification.
ACTION: Adopted Resolution No. 06-14.
6. Aqreement with the Harbor Soarina Societv. P.O. Box 1673. Costa
Mesa. for the use of a Dortion of Fairview Park for flyina radio -
controlled model aircraft.
ACTION: Approved; and authorized the Mayor and the City Clerk to sign
on behalf of the City.
7. Completion of Signal CCTV Cable Communications. Proiect No. 04-
22, by Moore Electrical Contracting, Inc.. 463 North Smith Avenue.
Corona.
ACTION: The work was accepted; the City Clerk was authorized to file a
Notice of Completion; authorization was to release retention monies 35
days thereafter; the Labor and Material Bond was ordered exonerated 7
months thereafter; and the Performance Bond was ordered exonerated 12
months thereafter.
8. Completion of 2004-2005 Slurry Seal and Crack Seal, Project No. 05-
11, byHardy & Harper. Inc.. 1312 E. Warner Avenue, Santa Ana.
ACTION: The work was accepted; the City Clerk was authorized to file a
Notice of Completion; authorization was to release retention monies 35
days thereafter; the Labor and Material Bond was ordered exonerated 7
months thereafter; and the Performance Bond was ordered exonerated 12
months thereafter.
9. Completion of W. 17th Street and Raleigh Avenue Rehabilitation,
Proiect No. 05-18. by R.J. Noble Comuanv. 15505 E. Lincoln Avenue,
Orange,
ACTION: The work was accepted; the City Clerk was authorized to file a
Notice of Completion; authorization was to release retention monies 35
days thereafter; the Labor and Material Bond was ordered exonerated 7
months thereafter; and the Performance Bond was ordered exonerated 12
months thereafter.
10. Completion of pavement reconstruction for the EI Camino Drive
Rehabilitation. Project No. 05-22. by All American Asphalt. P.O. Box
2229. Corona.
ACTION: The work was accepted; the City Clerk was authorized to file a
Notice of Completion; authorization was to release retention monies 35
days thereafter; the Labor and Material Bond was ordered exonerated 7
months thereafter; and the Performance Bond was ordered exonerated six
(6) months thereafter.
11. Award Contract- _for _Harbor Boulevard at Gisler Avenue Intersection
Improv_ements,_Project No. 05-27. to Sequel Contractors,_ Inc.., 13546
Imperial Highway_, Santa Fe Springs, in the amount of $449,225.
ACTION: Approved; and authorized the Mayor and the City Clerk to sign
on behalf of the City.
13. Purchase of a New 2006 Ford 3/4 -Ton Cab Chassis/utility___Bed, Bid
No. 1092, from Raceway Ford. 5900 Svcamore Canyon, Riverside, in
the amount of $31,499.09.
ACTION: Approved.
14. Purchase of three (3)_traffic _signal controller cabinets from Econolite
Control—Products,—Inc., 3360 La Palma Avenue,_Anaheim,_in the
amount of $38,380.55.
ACTION: Approved.
15. Approve_ Final_ Map for_Tract_No._16694 located_ at 330/340 Bay_ Street,
Costa Mesa, for subdivision of 32_ lots for single residential use and.
six (6) lots for common use.
ACTION: Approved; and authorized the City Engineer and City Clerk to
sign.
18. Three -year -Price Agreement for Asphalt_ Materials,_ Bid_ No. 1089, from
R.J. Noble Company, 15505 E. Lincoln Avenue, Orange, in an amount
not to exceed $180,000.00, annually.
ACTION: Approved.
19. Purchase of_New_2006 Ford 1—Ton Cab Chassis/Dump Stake_Bed,_Bid
No. 1091_, from Raceway Ford, 5900 Sycamore Canyon, Riverside. in
the amount of $28,711.87.
ACTION: Approved.
20. Purchase__of a_ 2006_John _Deere_4320 Compact_Tractor,_Bid No. 1093,
from Eberhard_ Equipment, 2506 S. Harbor Boulevard,_ Santa Ana, in
the amount of $25,524.27.
ACTION: Approved.
21. Sole Source Purchase two (2)_Fire _Department Pumpers -,(vehicles),
from American La France Los_ Angeles, 13800 Valley --Boulevard,
Fontana, in the amount of $831,138.25.
ACTION: Approved.
(a) Budget Adjustment No. 06-045 in the amount of $66,000.00.
ACTION: Approved.
22. Co _street___improv_ements at 2653 _Orange__ Avenue,by_
Southern _Sun Construction Co.,_Inc.,17775 Main Street. _Suite B,
Irvine, in connection to Encroachment_ Permit No. PSO4-00808.
ACTION: Accepted work and authorized refund of cash deposit.
23. Completion of_street__ improvements_at_1122_Bristol Street, by Miller
Contracting Company, 18207 East_ Mc._Durmott, Irvine,-in-conn-ection
to Encroachment Perm -it --- No _PS03-00573.
ACTION: Accepted work and ordered the bond exonerated.
12. Costa Mesa Police Facility Site Fencing, Citv Proiect No 05-28:
(a) Budget Adjustment No. 06-049 in the amount of $190,000.00.
(b) Direct staff to negotiate a contract with a qualified contractor.
MOTION: Approve Budget Adjustment No. 06-049; direct staff to
negotiate a contract with a qualified contractor, and authorize the
City Manager and the City Clerk to sign.
Moved by Council Member Gary Monahan, 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 Katrina Foley, Council
Member Gary Monahan
Noes: None.
Absent: None.
16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA. CALIFORNIA. APPROVING JOINT POWERS AGREEMENT
FOR THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE
COUNTY; authorizing the City Manager or the Chief of Police to
execute anv related documents.
(a) COPLINK System Use Policy.
Mayor Mansoor had pulled this item. The City Manager responded
to questions from the Mayor.
Council Member Foley questioned why the Sheriff is choosing not to
participate. The City Manager responded, Sheriff does not support a Joint
Powers Authority..
Tim Whitaker, Santa Ana, spoke in support of the Joint Powers
Agreement.
MOTION: Adopt resolution; authorized Mayor and Clerk to sign;
subject to conditions set out in staff report and notify other
participants of condition; approve the COPLINK System Use Policy
and authorize Chief of Police to sign.
Moved by Mayor Allan Mansoor, seconded by Council Member Gary
Monahan.
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 Gary Monahan
Noes: None.
Absent: None.
17. Agreement with I
Temp eton Planning m
Group. 1470 Jamboree Road,
Suite 200. Newport Beach. for areoaration of an environmental
document for the proposed 135 -unit Westside Lofts development,
located at 1640 Monrovia.
The Director of the Development Services informed of a supplemental
report that clarifies a revision of the amount that would be covered by the
contractor, $53,600 for the Environmental document. He responded to
questions from Council.
Council Member Foley felt that an EIR should be conducted, and
expressed concern that it would otherwise set a precedence for the
development on the Westside.
Sandra Genis, Costa Mesa, pointed out that the purpose of an EIR is to
inform people in the decision making process and felt that an EIR should
be conducted.
MOTION: Approve; authorize Mayor and Clerk to sign
Moved by Mayor Allan Mansoor, seconded by Council Member Gary
Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Linda Dixon, Council Member Gary Monahan
Noes: Council Member Katrina Foley
Absent: None.
Council Member Foley expressed that this was going to set a precedence
for the development on the Westside, requested .staff to work diligently and
take a conservative approach and put as much information as would be in
an EIR.
24. Council_ Policy -000-13 for Procedure for _consideration of Amicus
Requests and Attorney Generall Opinion Requests.
Sandra Genis, Costa Mesa, expressed concern with the proposed
procedure, relative to raising opposition to a decision.
MOTION: Adopt Council Policy 000-13.
Moved by Council Member Gary Monahan, 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 Katrina Foley, Council
Member Gary Monahan
Noes: None.
Absent: None.
VII. PUBLIC HEARINGS - 7:00 p.m. (Resolution No: 05-55)
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-GITY.000NCIL OF THE'
CITY OF COSTA MESA, CALIFORNIA _AMENDING- TITLE 1-3 OF THE
COSTA MESA MUNICIPAL CODE REGARDING THE REQUIRED
MINIMUM NUMBER OF UNITS IN A COMMON INTEREST
DEVELOPMENT.
The affidavit of publication is on file in the City Clerk's Office.
The Development Services Director presented the Agenda Report.
MOTION: Give Ordinance No. 06-4 first reading, to be read by title
only and waive further reading.
Moved by Mayor Allan Mansoor, seconded by Council Member
Katrina Foley.
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 Gary Monahan
Noes: None.
Absent: -None.
VIII. NEW BUSINESS
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA AMENDING CHAPTER II OF TITLE 2 OF THE
COSTA MESA MUNICIPAL CODE RELATING TO THE
APPOINTMENTS OF THE MAYOR AND THE MAYOR PRO TEMPORE.
The City Attorney summarized the agenda report.
Council Member Foley expressed support for a one-year ternn for the
Mayor and the Mayor Pro Tem.
Council Member Monahan and Mayor Mansoor expressed support of the
current two-year term.
Council Member Dixon also supported a change in the term and
suggested an 18 -month term.
MOTION: Give Ordinance No. 06-5, first reading, to be read by title
only and waive further reading.
Moved by Mayor Allan Mansoor, seconded by Council Member Gary
Monahan.
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 Gary Monahan
Noes: None.
Absent: None.
XI. ADJOURNMENT-
The
DJOURNMENT-
The Mayor adjourned the meeting at 7:48 p.m. to March 7, 2006.
f" k' //'A_
Mayor of the City of Costa Mesa
ATTEST:
City, erk of the City- of Costa Mesa
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