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HomeMy WebLinkAbout05/02/2006 - City Council1 MINUTES CITY COUNCIL CITY OF COSTA MESA May 2, 2006 REGULAR MEETING Mayor Mansoor called the Regular Meeting of the City of Costa Mesa, California to order at 5:OOp.m. PRESENT: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: ALLAN R. MANSOOR LINDA W. DIXON KATRINA A. FOLEY GARY C. MONAHAN ERIC R. BEVER ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER KIMBERLY HALL BARLOW, CITY ATTORNEY LINDA D. RUTH, INTERIM CITY CLERK PUBLIC COMMENTS: There were no public comments. CLOSED SESSION 1. Conference with Legal Counsel—Existing Litigation: Acosta vs City of Costa Mesa, et al, Case No. SACV06-233 DOC (MLGx), pursuant to Government Code Section 54956.9(a). 2. Public Employment—Chief of Police recruitment, pursuant to Government Code Section 54957(a). The Mayor declared the City Council recessed into Closed Session at 5:02 p.m. AFTER RECESS AND AGENDA REVIEW STUDY SESSION: The Mayor reconvened the meeting at 5:30 p.m., with all Council Members being present except Council Member Bever, for the purpose of conducting an agenda review study session. No action was taken on any matter. The Mayor declared the meeting recessed at 5:55 p.m. AFTER RECESS: The Mayor reconvened the Regular Meeting of the City Council at 6:00 p.m. PLEDGE OF ALLEGIANCE: Council Member Linda Dixon led the assembly in the Pledge of Allegiance to the Flag. MOMENT OF SOLEMN EXPRESSION: Pastor Jim Belcher, Redeemer Presbyterian Church ROLL CALL: The Mayor requested the Interim City Clerk to call the roll: PRESENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ALLAN R. MANSOOR, LINDA W. DIXON KATRINA A. FOLEY GARY C. MONAHAN ERIC R. BEVER ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER KIMBERLY HALL BARLOW, CITY ATTORNEY LINDA D. RUTH, INTERIM CITY CLERK DONALD LAMM, DEVELOPMENT SERVICES DIRECTOR WILLIAM MORRIS, DIRECTOR OF PUBLIC SERVICES POLICE CAPTAIN RONALD SMITH MARK TAYLOR RECREATION MANAGEMENT ANALYST CAROL PROCTOR, ADMINISTRATION MANAGEMENT ANALYST MIKE LINARES, CDBG/HOME COORDINATOR ALMA PENALOSA, HCD MANAGEMENT ANALYST CLOSED SESSION REPORT: There was nothing to report PRESENTATIONS: No presentations made PUBLIC COMMENTS 1. Judi Berry, Costa Mesa, commented that the title of the April 18th agenda item relating to undergrounding of utilities did not encourage attendance and opined that the survey was too lengthy; commended Park and Recreation Commissioners Leece and Harris on their positions against additional lighting at The Farm Sports Complex. 2. John Earl, Huntington Beach, commented on people who are members of the Minuteman Project; the Los Angeles ICE program; and the appointment of a certain individual on a City committee. 3. Beth Refakes noted that the City was going to do a traffic study on Broadway and advised that the speed limit sign in the 200 block of Broadway is blocked by a tree; believed the Vets were being pushed out of their facility due to the Police Department Expansion and Renovation project and was concerned that they would not be putting up flags on Memorial Day or 4th of July. City Manager Allan Roeder advised that the Vets were not being pushed out, their current facility is being closed for clean-up and renovation, their equipment and supplies will be stored, and they will be given other City facilities to use during the interim period. 4. Scott Sink stated he believed that the May 1St immigration march, which was supported by many people across the Country, was of historical significance; he encouraged the City Council not to criminalize illegal immigration. 5. Humberto Caspa, Costa Mesa, encouraged the City Council to appoint committee members who are representative of the public; he did not believe that a recent commissioner espoused the community's beliefs or principles. 6. Anne Hogan-Shereshevsky, Costa Mesa, advised that the 100th birthday of a Geneviere Gustaphson was recently celebrated at the Senior Center; believed that the Senior Center should be painted the color of desert rock; encouraged the community to deposit dead batteries in the container located in the Senior Center and to use biodegradable cups; reiterated her request to prohibit use of leaf blowers; requested that the Police Department check out the illegal parking on Eldon Street; and encouraged everyone to use directional signals when changing lanes. 7. Tim Lewis, owner of Ready Rentals, advised that some cities have banned the use of styrofoam products; that the May 1St immigration march was very significant; presented a letter to City Manager Allan Roeder advising that his company would no longer do business with the City, since they do not support the current City Council's direction. 8. Dorothy Caruso, Costa Mesa, thanked the City Council for supporting the ICE proposal and believed that everyone should respect and obey the laws of the Country; relayed a personal experience involving a night traffic accident in which Spanish-speaking persons parked a car on the freeway and she crashed into it. COUNCIL MEMBERS REPORTS. COMMENTS, AND SUGGESTIONS Mavor Allan Mansoor 1. Announced that on Thursday, May 4, 2006, a group would be gathering in front of City Hall to hold a National Day of Prayer ceremony from Noon to 1:00 p.m., and noted that the City Council and the public were invited. Council Member Katrina Folev 1. Reported that she attended the Police Department Volunteer Recognition Luncheon; thanked the volunteers for their work. 2. Noted recent gang activity in the northeast area and asked Captain Ron Smith for an explanation of what happened and what the Police Department was doing about gang activity. Captain Smith said there had been two shootings, they stepped—up patrol in the two areas, contacted known gang members, working with Orange County Forensics testing evidence, have involved the District Attorney's office early on to insure successful prosecution, served warrants, working with schools to check rumors circulating, and have asked the public to contact the Police Department with any information. Captain Smith advised there would be a gang prevention presentation made at the Budget study session. 3. Noted she contacted the County to report there is a hole in the Flood Control District fence at Bear and Newport; requested staff to follow-up. 4. Reported there was a hit and run accident on Santa Ana Avenue and Mesa Drive involving a bicyclist and noted there was a question about who should have responded, the Police Department or the Sheriff; City Manager responded that it depends on the specific location, but under the Mutual Aid agreement, the City would initially respond; advised he would get and provide the information to the City Council. She also reported that someone in the area had contacted the Police Department and Sheriff about parking on the street because they cannot see to get out of their driveways and noted the problem needs to be addressed; City Manager requested that she provide the name and telephone number of the person and he would contact and advise them which agency had jurisdiction. Council Member Linda Dixon 1. Noted that on Saturday, May 6, 2006, at 8:30 a.m., Paws Around the Park would be held at Fairview Park and encouraged the.public to participate. 2. Noted that Costa Mesa was mentioned recently in a newspaper article relating to gang activity and asked Captain Ron Smith to comment; Captain Smith noted statistics relating to crime and noted that while some crimes appeared to be up, it was a matter of a new reporting system which more accurately reflected the numbers; he also noted that overall, crime was down 10 percent. CONSENT CALENDAR ITEM NOS. 1 THROUGH 15 Mayor Mansoor removed a portion of Item No. 2, and Item Council Member Foley removed Item No. 7. MOTION: On motion by Council Member Mansoor, seconded by Council Member Dixon, the City Council took the following actions on the following Consent Calendar items: Written Communications The following claims were received and processed: Michelle Coulter; Manny Germinaro; Yoshie Hazama. The following requests for Alcoholic Beverage Control Licenses were received and processed: Hashimoto Keiko DBA: Mikuni Sushi, 1113 Baker Street, Unit E, Costa Mesa, for a person-to-person transfer of a Type 41 license (on -sale beer and wine for a bona fide eating place). HST Lessee South Coast L—PSHIP, 686 Anton Boulevard, Costa Mesa, for a person-to-person transfer of a Type 47 license (on -sale general for a bona fide eating place); Type 58 license (caterer permit); Type 66 license (controlled access cabinet permit); and Type 68 (portable bar). Minutes 2. Minutes of the regular meeting held April 18, 2006 approved. Warrants 3. Adopted Warrant Resolution 2106, approving the funding of City operating expenses in the amount of $976,780.84. 4. Adopted Warrant Resolution No. 2107, approving the funding of Payroll No. 607A in the amount of $705.26 and Payroll No. 608 for $2,151,350.86 and City operating expenses in the amount of $1,121,834.07. Administrative Actions 5. Approved and authorized the Mayor and City Clerk to amend Agreement with Boys and Girls Club of the harbor Area, for additional construction of existing facilities located at 2131 Tustin Avenue, Costa Mesa. 6. Approved and authorized the Mayor to sign a Lease Agreement with Costa Mesa Historical Society, for an initial five-year (5), seven-month (7) term from June 1, 2006 through December 31, 2011 with options, for the facility located at 1870 Anaheim Avenue and Sepulveda/Estancia Adobe located at 1900 Adams Avenue. 8. Approved and awarded Bid Item No. 1097, the Traffic Signal Project, the purchase of traffic signals and cabinets for three (3) intersections, to JTB Supply Company Inc., 1030 North Batavia, Suite A, Orange, in the amount of $84,841.44. 9. Approved and authorized the Mayor and City Clerk to execute a Professional Services Agreement with Mike Linares, Inc., contract renewal for Community Development Block Grant/Home Contract Staff, in an amount not to exceed $78,000 per fiscal year, with the option to renew for up to three (3) years. 10. Approved and authorized the Mayor and City Clerk to execute a Professional Services Agreement to recognize TRC Solutions, Inc., 21 Technology Drive, Irvine, as contract successor to Sequeira Infrastructure Associates, for the design of the Newport Boulevard Improvement Project in an amount not to exceed $345,901, and to extend the contract term through November 30, 2007. 11. Approved and authorized the Mayor and City clerk to execute an Agreement with the 32nd District Agricultural Association, for the Orange County Fair traffic management services, beginning July 7 through July 30, 2006, in an amount not to exceed $230,000. 12. Approved and authorized the Mayor and City clerk to execute an Agreement with the 32nd District Agricultural Association, for all designated Interim Events of the Orange County Fair and Exposition Center, beginning April 1, 2006 through March 31, 2007, in an amount not to exceed $50,000. 13. Accepted the California Office of Traffic Safety (OTS) grant funds, for vehicle seat belt enforcement, in the amount of $39,684. Approved Budget Adjustment No. 06-064 for $39,684 to appropriate grant funds to the Police Department's operating budget. 14. Accepted completion of work for Upgraded Electrical Panels at City Hall, 1 St Floor, 77 Fair Drive, Project No. 05-15, by Noor Electrical, 1618 Ohms Way, Costa Mesa; authorized City Clerk to file a Notice of Completion; authorized release of retention monies 35 days thereafter; authorized exoneration of the Labor and Material Bond and the Faithful Performance Bond (12) months thereafter. 15. Accepted completion of work for Parkway Concrete Repair and New Sidewalk Construction, Project No. 05-21, by S. Parker Engineering, Inc., 10059 Whippoorwill Avenue, Fountain Valley; authorized City Clerk to file a Notice of Completion; authorized release of retention monies 35 days thereafter; authorized exoneration of the Labor and Material Bond seven (7) months thereafter and the Performance Bond six (6) months thereafter. Council Member Bever absent. MOTION CARRIED. The Mayor declared Warrant Resolution Nos. 2106 and 2107 duly passed and adopted. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Minutes: The Mayor noted that the Interim City Clerk requested withdrawal of the April 4, 2006 Minutes. 7. Award Bid Item No. 1096, a three-year (3) price agreement for "Recreation Review" brochure printing, to Westminster Press, Inc., 4906 West First Street, Santa Ana, in an amount not to exceed $30,100 annually was removed by Council Member Foley. In response to Council Member Foley, Recreation Management Analyst Mark Taylor stated the City prints 44,000 brochures quarterly, or 176,000 annually, and the cost would be the number of copies divided by the contract price, plus postage. Council Member Foley requested that staff seek underwriting of the brochure, so the City does not have to bear the cost. MOTION: On motion by Council Member Mansoor, seconded by Council Member Monahan, the City Council approved the award of Bid Item No. 1096. Council Member Bever absent. MOTION CARRIED. PUBLIC HEARING PUBLIC HEARING: FISCAL YEAR 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Fiscal Year 2006-2007 funding priorities and allocation of funds for the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME). Mike Linares, CDBG and HOME Coordinator briefed his staff report, noting that the total amount of available CDBG funds for 2006-2007 was $1,405,241 of which 15%, or $210,786, was available for Public Service Grants and $705,600, plus $27,500 from prior year's HOME Administration funds, or a total of $733,106, was available for the HOME Program. Mayor Mansoor opened the public hearing and asked if anyone wished to address the City Council. The following persons spoke: 1. Catherine O'Brien thanked the Council for their support of Women Helping Women and gave an overview of their program; noted that the organization was holding a fundraiser on May 20, 2006, at the Doubletree Hotel in Santa Ana across from the Orange County Airport and invited the public to attend. 2. 3. 4. 5. 6. 7. Christina Torres, Costa Mesa, reported that she participates in the Save Our Youth (SOY) Program and expressed her appreciation for the Program which primarily serves the community on the west side of the City. Trevor Murphy, Executive Director of SOY, advised that the Center celebrated its tenth year of operation and encouraged the City Council to continue its support. He expressed his concern over the application scoring and evaluation by the subcommittee of the Redevelopment and Residential Rehabilitation (3-R) Committee. Carrie Grange, Mercy House, gave a brief overview of their mission and advised they are serving ten people from Costa Mesa. Calvin Caldrone, SOY Board Member, stated he would like to better understand the rating system and criteria used in determining funding for applicant organizations. Sam Clark, Costa Mesa, although a member of the 3-R Committee, spoke as an individual, and offered to serve on a committee to standardize the rating system to make it as objective as possible. Humberto Caspa, Costa Mesa, encouraged the City Council to create a more objective rating system and stated he believed that one member of the 3-R Committee's ratings should not be considered. Mayor Mansoor asked if anyone else wished to address the City Council; hearing no response, he closed the public hearing. In response to the Mayor, City Manager Allan Roeder stated although the established process has been used for a couple of years staff would re -look at the process. MOTION: Council Member Monahan moved to approve the recommendations of the 3- R Committee. Council Member Mansoor seconded the motion. SUBSTITUTE MOTION: Council Member Foley moved to reduce the Senior Corp. Preventive Health and Social Services Programs to $20,000 each, to allocate$14,000 for the Senior Corp. Lunch Box Program, $20,000 to FISH Mobile Meals, $10,000 to Adult Day Services, $15,000 to Youth Employment Services, $10,000 to Boys and Girls Club, $15,500 to Elwyn, $15,000 to Colette's Children's Home, $10,000 to Human Options, $10,000 to FISH Homelessness Prevention, and $10,000 to Save Our Youth, and to allocate the remaining activities as recommended by the 3-R Committee. Council Member Dixon seconded the motion. AMENDED MOTION: Council Member Mansoor moved to amend his original motion to reduce the Boys and Girls Club by $5,500 and the Senior Corp. Preventive Health Program by $5,000, and to allocate to the Dayle McIntosh Center. AMENDED MOTION FAILED FOR LACK OF A SECOND. VOTE ON SUBSTITUTE MOTION: A vote was taken on the substitute motion. Council Members Monahan and Mansoor voted "NO". No vote was taken on the original motion. MOTIONS: The following motions to allocate funds to the following applicants in the amounts listed, were made and CARRIED by the following votes: MOTION VOTE APPLICANT AMOUNT Monahan/Mansoor Bever absent Costa Mesa Senior Corp. - $ 14,000 Lunch Box Program Dixon/Foley Bever absent Costa Mesa Senior Corp. - $ 20,000* Preventive Health Program Dixon/Foley Bever absent FISH — Mobile Meals $ 20,000 Dixon/Foley Bever absent Adult Day Services $ 10.000 Dixon/Foley Bever absent, Costa Mesa Senior Corp. - $ 20,000 Monahan "NO" Social Services Program Dixon/Mansoor Bever absent Senior Meals and Services $ 20,000 1 1 1 MOTION VOTE APPLICANT AMOUNT Foley/Mansoor Bever absent Youth Employment $ 10,000 Services Foley/Mansoor Bever absent Boys and Girls Club $ 10,000 Monahan/Mansoor Bever absent Elwyn $ 15,000 Monahan/Mansoor Bever absent Colette's Children's Home — $ 15,000 Emergency & Transitional Shelter Monahan/Dixon Bever absent Human Options Second Stel $ 10,000 Monahan/Mansoor Bever absent Homelessness Prevention $ 8,000 Monahan/Dixon Bever absent, Save our Youth $ 7,500 Foley "NO" Monahan/Mansoor Bever absent CSP Youth Shelter $ 7,500 Monahan/Foley Bever absent YMCA $ 5,000 Monahan/Foley Bever absent Mercy House $ 5,000 Monahan/Mansoor Bever absent Dayle McIntosh $ 7,500 Monahan/Dixon Bever absent Women Helping Women $ 6.286 TOTAL $210,786 *MOTION: Council Member Mansoor moved to allocate $25,500 to CM Sr. Corp. Preventive Health. MOTION FAILED FOR LACK OF A SECOND. MOTION: ' On motion by Council Member Monahan, seconded by Council Member Foley, -the City Council directed the City Manager to review the evaluation criteria used in scoring applications. Council Member Bever absent. MOTION CARRIED. Alma Penalosa, Management Analyst, briefed her staff report on the Fiscal Year 2006- 2007 funding priorities for CDBG Program and the HOME Investment Partnership Program (HOME). Mayor Mansoor opened the public hearing and asked if anyone wished to address the City Council on the matter; hearing no response, he closed the public hearing. MOTION: On motion by Council Member Mansoor, seconded by Council Member Dixon, the City Council approved the recommended allocations of $1,405,241 for the Fiscal Year 2006-2007 Community Development Block Grant (CDBG) Application and $733,106 for the HOME Investment Partnership Grant, and adopted the following entitled resolution, after reading of the title and waiving further reading: RESOLUTION NO. 06-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: MANSOOR, DIXON, FOLEY, AND MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BEVER Council Member Bever absent. MOTION CARRIED. The Mayor declared Resolution No. 06-39 duly passed and adopted. OLD BUSINESS APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS COUNCIL -APPOINTED STANDING COMMITTEES: Child Care and Youth Services Committee: On MOTION by Council Member Foley, seconded by Council Member Dixon, the City Council appointed Stacy de Boom, Dean Alan Ito, and Iman Abdel Bar as regular members for a period of two years. Council Member Bever absent. MOTION CARRIED. Cultural Arts Committee: On MOTION by Council Member Mansoor, seconded by Council Member Dixon, the City Council reappointed Linda Garbett and Diane Doyle and appointed Ryan Baron as regular members and Christopher Bunyon and Monet Quick as alternate members for a period of two years. Council Member Bever absent. MOTION CARRIED. Fairview Park Friend/Fundraising Committee: On MOTION by Council Member Dixon, seconded by Council Member Foley, the City Council appointed Mark Tabbert as an at - large member for a period of two years. Council Member Bever absent. MOTION CARRIED. Historical Preservation Committee: On MOTION by Council Member Mansoor, seconded by Council Member Monahan, the City Council reappointed John Andersen, Mary Ellen Goddard, Patti Bass and Margaret Johnson and appointed Arthur Kinzli as regular members for a period of two years. Council Member Bever absent. MOTION CARRIED. Investment Oversight Committee: On MOTION by Council Member Mansoor, seconded by Council Member Dixon, the City Council reappointed Tom Lighvoet and Peter Peterson as regular members and appointed Maribel Larios as an alternate for a period of two years. Council Member Bever absent. MOTION CARRIED. NEW BUSINESS ORDINANCE NO. 06-12: City Attorney Kimberly Hall Barlow advised that the proposed Ordinance contained minor modifications to clear up some ambiguities in the Municipal Code relating to massage establishments and practitioners. MOTION: On motion by Council Member Mansoor, seconded by Council Member Foley, the City Council introduced for first reading the following entitled Ordinance, after reading of the title and waiving further reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 22 OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS AND PRACTITIONERS. Council Member Bever absent. MOTION CARRIED. REPORTS Citv Attornev: None 2. Citv Manager: Mr. Roeder reminded the City Council and the public that on Saturday, May 7, 2006, from 11:00 a.m. to 3:00 p.m., the annual Public Safety Expo would be held at Fire Station No. 4, 2400 Valencia Avenue. 1 ADJOURNMENT: The Mayor declared the City Council adjourned at 8:00 p.m., to Tuesday, May 9, 2006, at 4:30 p.m., for a Study Session. Respectfully submitted, BY: LINDA D. RUTH, INTERIM CITY CLERK LJ ATTEST: Julie Icik, City Clerk 1 1 L " l Allan R. Mansoor, Mayor