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HomeMy WebLinkAbout03/21/2006 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 21, 2006 The City Council meeting of the City of Costa Mesa, California met in regular session March 21, 2006, 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. ROLL CALL Council Members Present: Mayor Allan Mansoor Mayor Pro Tem Eric Bever Council Member Linda Dixon Council Member Katrina Foley Council Members Absent: Council Member Gary Monahan Officials Present: City Manager Allan Roeder City Attorney Kimberly Hall Barlow City Clerk, Julie Folcik PUBLIC COMMENT There were no public speakers. CLOSED SESSION 1. Bristol Street Mini -Storage (a) Conference with real property negotiators pursuant to California Government Code Section 54956.8 for property at 1100 Bristol Street, Costa Mesa, California. Agency Negotiator: Allan Roeder. Negotiating Parties: Bristol Street Mini -Storage LLC (Lee Jamieson) and County of Orange (Herb Nakasone). (b) Conference with legal counsel - anticipated litigation. Significant exposure to litigation, pursuant to subdivision (b) of Section 54956.9 of the California Government Code, one case, Bristol Street Mini -Storage. 2. Conference with _ Legal_ co_unsel__ pursuant_to California. Government Code Section_ 54956.9(a) — exist!n.g litigation,_Acosta v. City of Costa Mesa, et al, Case Number SACV06-233 DOC (MLGx). Mayor Mansoor adjourned the meeting at 5:04 p.m., to closed session in Conference Room 1 B. RECONVENE REGULAR MEETING l Mayor Mansoor reconvened the meeting at 6:06 p.m. PLEDGE OF ALLEGIANCE - Mayor Allan Mansoor MOMENT OF SOLEMN EXPRESSION - Reverend Dennis Short, Harbor Christian Church ROLL CALL Council Members Present: Mayor Allan Mansoor Mayor Pro Tem Eric Bever Council Member Linda Dixon Council Member Katrina Foley Council Members Absent: Council Member Gary Monahan Officials Present: City Manager Allan Roeder City Attorney Kimberly Hall Barlow Development Services Director Donald Lamm Public Services Director William Morris Senior Planner Mel Lee City Clerk, Julie Folcik CLOSED SESSION REPORT City Attorney advised that no action was taken on the closed sessions held. PUBLIC COMMENT James Robert Reade, Anaheim, recounted the accomplishments of Dr. Hector Garcia. Alma Ramirez, Anaheim, commented on the accomplishments of Benito Juarez, former Mexican President (1800's). Anne Hogan-Shereshevsky, Costa Mesa, spoke regarding disposal of batteries and requested that leaf blowers be prohibited in Costa Mesa. Janice Gammill, Costa Mesa, expressed support regarding the ICE Proposal. Gustavo Mc Geisey, Costa Mesa, expressed support for the ICE program. Marshall Bryan, Costa Mesa, expressed support regarding the ICE Proposal. Robert Lauten, Brea, expressed support regarding the ICE Proposal. Gerald Volomino, Lake Forest, expressed thanks to Council, law enforcement and to the men and women serving their country. Phil Tryon, Costa Mesa, spoke about J. Edgar Hoover, expressed support for the adoption of the ICE Proposal and read a quote from Theodore Roosevelt. Dee Barrow, Upland, expressed support for the ICE Proposal. Steve Nelson, San Juan Capistrano, referenced a Washington Times article regarding violence at the borders, and expressed support for the ICE program. Robin Hvidston, Upland, expressed support of the ICE Proposal. Ron Bell, Orange, expressed support of the ICE Proposal. Stan Nelson, Lake Forest, expressed support for the ICE Proposal pointing out the California Penal Code Section 834(b). Raymond Herrera, Victorville, recounted history and expressed support of the ICE Proposal. Beth Refakes, Costa Mesa, speaking relative to the battery disposal, suggested a program such as the Hazardous Waste Disposal Program for the City of Corona (Riverside County); she also expressed concern regarding the eastside traffic. Richard Gillock, Costa Mesa, expressed opposition to the deportation illegal aliens. Danielle Gardner, Costa Mesa, expressed concern regarding a local contaminated land fill and requested that the grading of the land be done during hours similar to those of Code Enforcement. Howard Williams, Ridgecrest, expressed support for the ICE Proposal. Scott Palmer, Ontario, expressed support for the ICE Proposal. Brook Williamson, North Hollywood, expressed support for the ICE Proposal. MOTION: Take five additional public speakers and continue the remainder of Public .Comments until after New Business. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. 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 Noes: None. Abstain: Council Member Gary Monahan Absent: None. Judi Berry, Costa Mesa, suggested a battery disposal receptacle be placed at the Senior Center, and expressed concern regarding the City's Budget expenditures. Vincent Burke, Lake Forest, expressed support for the ICE Proposal. Eileen Garcia, Laguna Beach, made reference to a previous Council meeting when a Public Comment Speaker spoke in another language, requested Council to insist speakers communicate in a language that is understood by all. Hildegard Gonzalez, Costa Mesa, expressed support regarding the ICE Proposal. COUNCIL MEMBERS REPORTS, COMMENTS AND SUGGESTIONS Council Member Linda Dixon encouraged Costa Mesa residents to become involved in the committees that have current vacancies. Mayor Pro Tem Eric Bever reported that the City of Maywood had gone on record that they have chosen not to enforce the laws of the Federal Government relative to illegal immigration, he hoped that other cities would follow Costa Mesa's example relative to enforcement and noted "that freedom does not mean without laws." Mayor Allan Mansoor expressed his appreciation and respect, commending the Chief of Police and the police officers for their work, and pointed out that the Chief of Police is doing what the Council has directed him to do and what the community expects of him. Council Member Katrina Foley requested an update regarding adult soccer restrictions. CONSENT CALENDAR MOTION: approve the recommended actions for Consent Calendar Item Nos. 1 through 24, except for Consent Calendar Item Nos. 12, 16 and 21. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. 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 Noes: None. Absent: Council Member Gary Monahan 1. Readina Folder. ACTION: The following Claims were received and processed by the City Clerk: Benito Acosta; Jeanette M. Bender: Maria Escobar; Alyce Kama'e and Lisa Richmond; Peter Nisson on behalf of Salvador Jimenez:; Whelan Property Management. The Notification Letter was received and processed: Cingular Wireless - Notification Letter regarding the intent to construct a cellular facility to CPUC's Safety and Enforcement Division (Cingular Site No. LA3188C/LSANCA3188C/Campus Drive and Dove Street). The Follow Up Reports were received and processed: Response to a request by Council Member Katrina Foley regarding recent increase of police interaction and enforcement at the Sutra Lounge, 1870 Harbor Boulevard. Response to a request from City Council Members regarding Paul Helms at the Downtown Aquatic Center Facilities. 2. Reqular Meetinq Minutes of March 7. 2006. ACTION: Approved. 3. Warrant Resolution 2100junding City operating expenses -for 594 603.66. ACTION: Approved. 4. Warrant Resolution 2101. funding Payroll No. 605 for 2,166,419.54 and No. 604 A for $ 507.40. and CitV operatinq expenses for $1187,082.73. including -payroll deductions. ACTION: Approved. 5. Purchase of a Microsoft Office Professional 2003 licensinai for 480 aystems to upgrade for compatibilitith other software citywide from Shi. 12452 Santa Rosalia. Garden Grove for $152.424.01. (through the State of California Software Licensing Program)„ ACTION: Approved. 6. Award Formal Bid No 1094 to Nautilus GSA. 6465 Dumbarton Drive. Hudson. Ohio. for purchase of six treadmills and four recumbent bikes for the Fire Deoartment for the total cost of $40.526.93. ACTION: Approved; and authorize the City Manager and. the City Clerk to sign on behalf of the City. 1 1 1 7. Completion_of Costa Mesa_ Police Substation Renovation,--ProjectNo. 05-25, by_Enkay_E_ngineering,_ 1639 Monrovia Avenue, -Costa Mesa. 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 twelve (12) months thereafter. 8. Revised agreement_ -with-south Coast -Plaza—MCIFY-for street improvements_on:_ Sunflower Avenue, Anton _Boulevard, ___Bristol Street, Park Center Drive, Avenue of the Arts within_ the Theater and Arts District (TAD). ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City. 9. Completion _ of _ _street impro_v_ement located _at 2080 __ Newport Boulevard, by Andre _Bachtari,_ 234 E. 17th Street. Costa Mesa,_in connection with Encroachment Permit No. PS05-00750. ACTION: Approved work and authorized refund of cash deposit. 10. Completion of_street_improvement_located at-1561—Orange Avenue,_by Willard Chilcott, _1561_Orange_Avenue, _Costa Mesa,_in_connection with Encroachment Permit No. PS06-00082. ACTION: Approved work and authorized refund of cash deposit. 11. Completion of street improvement Located at 2084 Orange Avenue_ by Mike Kilbride, Ltd., P.O._Box_3341,. Newport -Reach, in connection with Encroachment Permit No. PS02-00132. ACTION: Approved work and ordered the bond exonerated. 13. Agreement for_design services -of Gisler _Avenue_throughthe Arterial_ Highway-RehabilitationProgram__(AH RP)_ Program_with__Praedium Engineering,_2030_Main Street. Suite 1300, Irvine, in an amount not to exceed $122,700.00. (a) Budget Adjustment No. 06-051a in the amount of $122,700.00, from the Gas Tax Fund and the Measure "M" Fund. ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No.. 067051 a in the amount of $122,700.00. 14. Agreement for design --services Sakioka Avenuethrough__the Arterial Highway Rehabilitation_ Program_(AHRP) Program with Civil Works Engineering,_31.51__Airway _Avenue Suite S-2, Costa Mesa,_ in an amount not to exceed $102,860.00. (a) . Budget Adjustment No. 06-051 a in the amount of $102,860.00, from the Gas Tax Fund and the Measure "M" Fund. ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No. 06-051 a in the amount of $102,860.00. 15. Agreement fo_r_ design service_s__ of South -Coast Drive from_Carmel Drive to San __..Leandro _Lane,through the Arterial -Highway RehabilitationProgram___(AHRP)__ Program with Civil Works Engineering, 31151__Airw_ay Avenue,_ Suite S-2, Co_s_ta___Mesa,_._in__an amount not to exceed $99.809.00. (a) Budget Adjustment No. 06-051a in the amount of $99,809.00 from the Gas Tax Fund and the Measure "M" Fund. ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No. 06-051 a in the amount of $99,809.00. 17. Agreement for design services of Wilson Street through the Arterial Highway Rehabilitation Program _(AHRP) Program with Civil Works Engineering, 3151 Airwav Avenue. Suite S-2. Costa Mesa. in an amount not to exceed $101,394.00. (a) Budget Adjustment No. 06-051a in the amount of $101,394.00, from the Gas Tax Fund and the Measure "M" Fund. ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No. 06-051a in the amount of $101,349.00. 18. Aqreement for desiqn services of South Coast Drive from Harbor Boulevard to Hyland Avenue, through the Arterial Highway Rehabilitation Program(AHRP)-Program with KABBARA Engineering, 121 North Harwood Street, -Orange, in arL amount not to exceed X115,705.00. (a) Budget Adjustment No. 06-051a in the amount of $115,705.00, from the Gas Tax Fund and the Measure "M" Fund. ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No. 06-051 a in the amount of $115,705.00. 19. Agreement for design services of Hyland Avenue throuqh the Arterial Highway Rehabilitation ProgramAAHRP�Pr—gram with KABBARA Engineering. 121 North Harwood Street. Orange. in an amount not to exceed $162.035.00. (a) Budget Adjustment No. 06-051a in the amount of $162,035.00, from the Gas Tax Fund and the Measure "M" Fund. ACTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the.City; and approved Budget Adjustment No. 06-051a in the amount of $162,035.00. 20. From the meetinq of March 7. 2006. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA. REVERSING THE PLANNING COMMISSION'S DECISION TO REVOKE CONDITONAL USE PERMIT PA -95-10. ACTION: Adopted Resolution No. 06-23. 22. Letter in regard to the progress and recommendations implemented of the 2004-2005 Oranqe Countv Grand Jury report. "Red Liaht Cameras: Automated Traffic Cops in Orange Count ACTION: Approved; and authorize the Mayor and Police Chief to sign on behalf of the City. 23. . ieel Risk Withdrawn. 24. A RESOLUTION OF- THE CITY COUNCIL OF THE CITY OF COSTA MESA,__ CALIFORNIA,_____ CONDITIONALLY AUTHORIZING THE__ ASSIGNMENT_OF _A CABLE TELEVIS._ION FRANCHISE BY__TIME. WARNER CAB LE_ INC_._ TO_ TWE_HOLD_ING I LLC, A WHOLLY—OWNED_ SUBSIDIARY OF TIME TO CABLE INC. ACTION: Adopted Resolution No. 06-24. 12. Agreement for design -se rvices of Baker Street_through_the _Arterial Highway__Rehabilitation _P_ rogram___(AHRP)_Program _ with_ _Praedium Engineering,_ 2030_ MainStreet, Suite 1300, Irvine, in an amount not to exceed $144,700.00. (a) Budget Adjustment No. 06-051 a in the amount of $144,700.00, from the Gas Tax Fund and the Measure "M" Fund. Anne Hogan-Shereshevsky, Costa Mesa, inquired regarding funding. MOTION: to Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No. 06-051a in the amount of $144,700.00. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. 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 Noes: None. Absent: Council Member Gary Monahan 16. Agreement for design services _of _S_uperior Avenue_ from-the southerly Ity limitsto_ 17th_ Street, through the _Arterial _Highway RehabilitationProgram ___(AHRP)_Program with._ _. Civil.__ Works Engineering, 3151_A rway___Avenue. Suite S-2, CostaM-esa,inan amount not to exceed $135,692.00. (a) Budget Adjustment No. 06-051a in the amount of $135,692.00, from the Gas Tax Fund and the Measure "M" Fund. Council Member Dixon complimented the staff on the projects and pointed out $30 million dollars of Measure "M" money will be used to create new streets and repair potholes. MOTION: Approved; and authorize the City Manager and the City Clerk to sign on behalf of the City; and approved Budget Adjustment No. 06-051a in the amount of $135,692.00. Moved by Council Member Linda Dixon, 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 Noes: None. Absent: Council Member Gary Monahan 21. Memorandum of Understanding _(MOU)._with_ Fairview _Developmental Center for a_fi_v_e-year term for use of open space on the__propertyfor athletic fields. Mayor Mansoor indicated his support of the MOU and expressed that his desire for the Pop Warner baseball team to be re -allocated a field that was previously lost. Mike Berry, Costa Mesa, expressed support of the MOU, and reiterated the need for more fields, particularly in the spring and fall seasons. Chris Blank, Costa Mesa, felt that children and adults need a safe place to play. Richard Gillock, Costa Mesa, suggested that his neighborhood park had some open space that could be utilized for a playing field. MOTION: Approve; and authorize the Mayor and City Clerk to sign, on behalf of the City and authorize staff to negotiate a lease with State of California for use of property located along the 2500 block of Merrimac Way. Moved by Mayor Pro Tem Eric Bever, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Coun6l Member Linda Dixon, Council Member Katrina Foley Noes: None. Absent: Council Member Gary Monahan PUBLIC HEARING The City Clerk announced that this was the time and place set for a Public Hearing to consider: 1. PUBLIC HEARING: Continued from the meeting of March 7. 2006. Re�c uest for Review by Council Member Dixon of the Planning Commission's approval for Planning Application . PA -05-42 for Pete Volbeda. authorized anent for Joe Cefalia, for a variance from minimum lot size requirements X12,000 sg. ft. required; approximately 4,000 sq. ft.—per lot proposed and lot width requirements 1100 ft. required: 58 ft. and 62 ft. proposed) to subdivide an existing nonconforming lot into two and to consider Susannah Place instead of Orange Avenue as the front of Parcel 2, in conjunction with a development review for the construction 'of two, two-story single- family residences, located at 2590 Orange Avenue. in an R2 -MD zone. Environmental determination: exempt. The Affidavits of Publication and of mailing are on file in the City Clerk's Office. The Senior Planner summarized the Agenda Report and responded to questions from the City Council. Council Member Dixon expressing her reasons for the request for review indicated that approving the project with such variances would set a precedent. She also felt that proposed homes were not compatible with the scale and character of the neighborhood. Pete Volbeda, Upland, architect for the project, requested that the Council to uphold the decision of the Planning Commission. He advised that with the approval of the subdivision it will allow the development to proceed without a homeowners association, and that there would be eight parking spaces added onsite relieving some parking issues. Council Member Dixon advised that she would be requesting the project �I1 fl 1 be redesigned with one drive way. Terese Capland, Costa Mesa, expressed concerns regarding oversized homes built on undersized lots. Dana (no last name given), Costa Mesa, expressed concern regarding the increase of density in the neighborhood with the project as well as potential parking issues. Victor Packman, Costa Mesa, indicated that he felt that the proposed development was not compatible with the neighborhood. Richard Nelson, Costa Mesa, speaking in opposition to the project pointed out the impact he felt the proposed development would have on the neighborhood. Norm (inaudible), Costa Mesa, expressed preference to low impact rentals than that of the impact of a high density development. Gunner Christianson, Costa Mesa, expressed opposition to the claim that the "variance will not set a precedence for future development." Erin Nelson, Costa Mesa, encouraged the Council to deny the project. Beth Refakes, Costa Mesa, expressed concern relative to the parking problems, and suggested that the project be re-evaluated or designed. Council Member Dixon commented that she would like Mr. Cefalia to work with staff to redesign the project that works with one driveway. Council Member Foley stated that she does not support a driveway on Orange Avenue as it is a busy street. She indicated that she would like to see staff work out a way to find a creative way to add parking to the existing proposed driveways. Pete Volbeda, pointed out that the property is zoned R-2, and requested the Council to approve the project, as proposed for two single family homes. MOTION: Continue the hearing to April 18, 2006 at 7:00, p.m. and direct staff to work within the existing zoning, to reduce the home size, to look at the option of a driveway on Susannah and look at the option of a driveway on Orange Avenue. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. Council Member Dixon requested the maker of the motion to add that the applicant take into consideration a common interest development (one driveway). Mayor Mansoor agreed. Council Member Foley requested that the motion include that staff work to keep the entrance of the home on Susannah Place. The Mayor felt that it should be an option for staff to consider but that it need not be added to the motion. The motion restated: MOTION: Continue the hearing to April 18, 2006 at 7:00 p.m., and direct staff to work within the existing zoning, to reduce the home size, to look at the option of a driveway on Susannah Place and at the option of a driveway on Orange Avenue and for the applicant take into consideration a common interest development (with one driveway). Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. 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 Noes: None. Abstain: Council Member Gary Monahan Absent: None. The Mayor recessed the meeting at 8:51 p.m. The Mayor reconvened the meeting at 9:01 p.m. OLD BUSINESS 1. From the meeting of March 7. 2006. second reading and adoption of Ordinance 06-6, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA. CREATING CHAPTER IX OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE RELATING TO IN - BUILDING PUBLIC SAFETY RADIO SYSTEM COVERAGE. MOTION: Adopt Ordinance 06-6, to be read by title only and waive further reading Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Council Member Linda Dixon, Council Member Katrina Foley, Mayor Pro Tem Eric Bever Noes: None. Absent: Council Member Gary Monahan 2. From the meeting of July 192005, request for Construction of Adams Avenue Sound Wall—Haynes Family at 2051 Calvert Avenue. The Director of Developmental Services summarized the Agenda Report and responded to questions from Council. Larry Haynes and Donna Haynes, Costa Mesa, owners of the subject property requested that their request for construction be considered a high priority in the next budget year. They pointed out that a sidewalk was recently installed behind their property and felt that it was a safety issue with their two small children. Phil Morello, Costa Mesa, suggested that .a consideration be given to the material used for the wall and how it well it is able to absorb noise, and expressed concern regarding the estimated costs and encouraged the Council consider. other priorities at budget time. MOTION: Defer consideration of funding to Council Budget deliberation for Fiscal Year 2006-2007; direct staff to bring the topic of forming Assessment Districts to a future study session for Council. Moved by Council Member Linda Dixon, 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 Noes: None. Abstain: Council Member Gary Monahan L Absent: None. Mayor Mansoor returned to taking Public Comment: Jeff Evans, Costa Mesa, expressed support regarding the ICE Proposal. Phil Morello, Costa Mesa, expressed support regarding the ICE Proposal and asked for improvement regarding Police response time to calls. Joann Morello, Costa Mesa, expressed support regarding the ICE proposal. Gerry Nance, Fullerton, expressed support regarding the ICE Proposal. Nancy Hubbert, expressed that a lot of money is being spent on illegal aliens. Jim Kering, Costa Mesa, expressed concern regarding underground utilities. REPORTS City Attorney expressed thanks to a recently deceased Council Member from Westminster for his many years of Civil Service. ADJOURNMENT The Mayor adjourned the meeting at 9:50 p.m. to Tuesday, April 4, 2006, in memory of Damian Carver, son of Sergeant Marty Carver. Mayor of the City. of Costa Mesa ATTEST: Cit Jerk of the City -of Costa Mesa 1