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HomeMy WebLinkAbout05/16/2006 - City CouncilMINUTES CITY COUNCIL CITY OF COSTA MESA May 16, 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: ALLAN R. MANSOOR ERIC R. BEVER LINDA W. DIXON KATRINA A. FOLEY ABSENT: COUNCIL MEMBERS: GARY C. MONAHAN ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER KIMBERLY HALL BARLOW, CITY ATTORNEY JULIE FOLCIK, CITY CLERK PUBLIC COMMENTS: There were no public comments. CLOSED SESSION: 1. Conference with Legal Counsel—Existing Litigation: Jiminez vs City of Costa Mesa, Orange County Superior Court Case No.04CC05838, pursuant to Government Code Section 54956.9(a). 2. Conference with Legal Counsel—Existing Litigation: Jiminez vs. City of Costa Mesa, United States district Court for the Central District of California, Case Nos. CV-02-02482-RGK, CV-03-02596-RGK, and CV-03-04869-RGK, pursuant to Government Code Section 54956.9(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 Monahan, 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: Mayor Pro Tem Bever led the assembly in the Pledge of Allegiance to the Flag. MOMENT OF SOLEMN EXPRESSION: Father Tashgian, St. Mary Armenian Church ROLL CALL: The Mayor requested the City Clerk to call the roll: PRESENT: COUNCIL MEMBERS: ALLAN R. MANSOOR, ERIC R. BEVER LINDA W. DIXON KATRINA A. FOLEY ABSENT ALSO PRESENT COUNCIL MEMBERS: GARY C. MONAHAN ALLAN L. ROEDER, CITY MANAGER KIMBERLY HALL BARLOW, CITY ATTORNEY JULIE FOLCIK CITY CLERK DONALD LAMM, DEVELOPMENT SERVICES DIRECTOR POLICE CAPTAIN RONALD SMITH ANN SCHULTZ, LEGISLATIVE AND PUBLIC AFFAIRS MANAGER CLOSED SESSION REPORT: City Attorney Barlow stated there was no action taken in Closed Session, and therefore, there was no report. PRESENTATIONS Acknowledqment of Donation for Purchase of Trees for Fairview Park and Gisler Street Bike Trail and Recognition of Donors:.Mayor Mansoor expressed the City's appreciation for the donations to purchase trees for Fairview Park and the Gisler Street Bike Trail. Reverend Linda Homan-Konieczny, Center for Spiritual Discovery, and Sandra Kulczyk, President of the Orange Coast Unitarian Universalist Church, stated their goal was to make the world a better place to live, particularly Costa Mesa. Council Member Foley advised that the City also had a gift for the community and that was a parkway tree for anyone who was desirous of having one planted; just call the Director of Public Services. PUBLIC COMMENTS 1. Scott Sink, encouraged the City Council to read a book from the Library entitled Mexicans in America by Jane Pinchot and projected on the screen a map and a picture from the book. 2. John Earl, Huntington Beach, referred to an article in the Los Angeles times regarding the City of San Bernardino's ballot initiative relating to landlords and employers of immigrants; requested the Mayor to clarify his position on statements made by a former Commissioner relating to Mexican immigrants. 3. Gema Salas, requested the City Council to reject the ICE proposal and to reopen the labor center. 4. Beth Refakas, Costa Mesa East Side resident, asked if a Household Hazardous Waste Round -up would be held; thanked the City for providing space for the veterans, since they had been displaced by a City project; wanted to know if something could be done about the unsightly advertising papers on the windows of the stores of the Newport Boulevard side of Triangle Square; and complimented the City on the recent Emergency Services Expo held. 5. Terry Shaw, Historical Society, invited the City Council and the public to an open house on Saturday, May 20th, from 10:00 a.m. to 3:00 p.m., at 1870 Anaheim Avenue; advised it was a precursor to their 40th Anniversary celebration to be held September 16, 2006 at The Adobe. 6. Byron DeArakal, relayed statistics about the number of children participating in sports in the City, recommended park facility/field standards, and long-term facility/park arrangements; encouraged the City Council to consider during their Budget deliberations the lighting of two more fields at The Farm Sports Complex; Council Member Dixon requested Mr. DeArakal to email his statistics or presentation to the City. 7. Ms. Trudy Ohlig-Hall of the Mesa Consolidated Water District, reminded the City Council and the public that May was Water Awareness Month; acknowledged City employee Brad Long who produced two videos on the Mesa Consolidated Water District which aired on City Channel 24; and introduced new Director Shawn Dewane, representing the east side of Costa Mesa; Director Dewane read aloud a proclamation expressing the District's gratitude to Brad Long. Mr. Brad Long accepted the proclamation and thanked the District. 1 L COUNCIL MEMBERS' REPORTS. COMMENTS, AND SUGGESTIONS Mavor Mansoor 1. Mayor Mansoor, in answer to persons asking what he meant by cleaning up the West side, stated his goals included: Street repair, imposing restrictions on vendor trucks playing loud music in a residential area, imposing an overlay zone to improve and revitalize the City without use of Eminent Domain, allowing the free market to address labor needs, rehabilitating the building and grounds formerly occupied by the job center by the private sector, which means increased tax dollars to the City, improvement of 19th Street with newly paved streets, landscaped medians and undergrounding of utility lines and Code enforcement of Council Member Dixon 1. Council Member Dixon reminded the public that Concerts in the Park will be held at Fairview Park every Tuesday evening at 6:15 p.m., beginning JUly 11th through August 15th Council Member Bever 1. Council Member Bever announced that on Thursday, the ordinances creating overlay zones for the SOBECA Urban Plan Area and the West side will be effective. 2. Council Member Bever expressed his appreciation to the Planning Department staff for taking the position that a Mitigated Negative Declaration was appropriate for the above overlay zone ordinances, which saved the City between $150,000 to $175,000. 3. Council Member Bever questioned the status of consolidating City hotline numbers into one hotline number with menu options; City Manager Roeder responded that staff had investigated the possibility and not only were they able to consolidate the numbers, but they were able to include after hours information; Mr. Roeder stated that technical staff was just completing phone details and the single hotline number would be operational shortly. 4. Council Member Bever recalled that the City had adopted a resolution requesting Caltrans and the Orange County Transportation Authority ((OCTA) change the alignment for the 55 Freeway terminus to include undergrounding two lanes on Newport Boulevard past 17th Street, and was happy to report that OCTA was considering funding a preliminary study for such a project in their 2006-2007 budget. Council Member Bever thanked Transportation Services Manager Peter Naghavi and his staff for their efforts in the matter. CONSENT CALENDAR ITEM NOS. 1 THROUGH 10 Mayor Mansoor requested withdrawal of Item No. 7; Council Member Foley removed Item No. 10. 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: Arch Insurance Company and American Motorists Insurance Company; Gregory J. Rager. The following notification letter was received and processed: Cingular Wireless — Notification Letter of intent to construct a cellular facility — Cingular Wireless Site No. LA3188C / LSANCA3188C / Palmer Masonry; and SB0070B / SNBBCAS005B / Montecito Country Club. The follow-up report was received and processed: Response to questions presented at the City Council meeting of May 2, 2006, from resident Beth Refakes in regards to the Veterans Post Headquarters relocation. MINUTES 2. Approved the Minutes of the Regular Meeting held May 2, 2006. 3. Adopted Warrant Resolution 2108, approving the funding of City operating expenses in the amount of $1,181,684. ADMINISTRATIVE ACTIONS 4. Adopted Warrant Resolution 2109, approving the funding of the following payrolls and operating expenses: Payroll No. 609 $2,181,090.94 Payroll No. 608A 235.94 City Operating Expenses, including payroll deductions 827,310.68 5. Approved the award of Bid Item No. 1090, the purchase of 57 new automated external defibrillators and accessories, to Philips Medical Systems, 2301 Fifth Avenue, Suite 200, Seattle, Washington, in the amount of $96,125.07. 6. Approved the award of Construction Contract for the CCTV Phase III Project, Project No. 06-01, to Steiny and Company, Inc., 12907 East Garvey Avenue, Baldwin Park, in the amount of $150,930, and authorized the Mayor and City Clerk to execute the contract. 8. Approved an Agreement with Friends of the Costa Mesa Libraries for Temporary Installation of Portable Bookstore Building at the Mesa Verde Library, 2969 Mesa Verde Drive East, Costa Mesa, and authorized the Mayor and City to execute the Agreement. 9. Approved a request to extend Measure M Grant deadline, to the Orange County Transportation Authority (OCTA), for expenditure of grant allocations from Fiscal Year 2005-2006 to Fiscal Year 2007-2008, for the Intersection Improvement Program (IIP) and Growth Management Area (GMA), to initiate improvements on East 17th Street/Orange Avenue and East 17th Street/Santa. Ana Avenue. Council Member Monahan Absent. MOTION CARRIED. END OF CONSENT CALENDAR ITEMS REMOVED FROM THE CONSENT CALENDAR 7. AGREEMENT WITH KFM ENGINEERING. INC.. DESIGN OF WILSON STREET BUS TURNOUT IMPROVEMENTS: Mayor Mansoor removed the itern from the Consent Calendar and asked the Transportation Services Manager for an update on the request to OCTA for bus turnouts on Wilson, use of smaller buses on Wilson Street, and alternate bus routes to Wilson Street. Peter Naghavi, Transportation Services Manager, advised that in addition to installing parking on the south side of Wilson Street, the city Council had directed staff to work with OCTA to remove business service on Wilson between Harbor and Fairview. After a six-month trial, OCTA determined that due to the high ridership on Wilson, bus service would remain and use of smaller buses was not feasible. Mr. Naghavi advised that with approval of the proposed agreement for design of bus space, some of the bus issues would be alleviated; that the project should be completed in approximately six months. 1 1 11 MOTION: On motion by Council Member Dixon, seconded by the Council Member Bever, the City Council approved a Professional Services Agreement, for the design of Wilson Street Bus Turnout Improvements, to KFM Engineering, Inc., 26672 Town Centre Drive, Suite 300, Foothill Ranch, in the amount of $37,855. Council Member Monahan absent. MOTION CARRIED. 10. TEWINKLE LAKES RENOVATION, PROJECT NO. 04-17—NOTICE OF COMPLETION: Council Member Foley removed the item from the Consent Calendar and requested the Director of Public Service to summarize the reasons for the delays on the project for the edification of the public. William Morris briefed his agenda report and advised that significant rain delays, issues with another contractor on the site, and unavailability of utilities when needed caused the project to take one and one-half years to complete. Mr. Morris apologized for the delays and advised that on March 13, 2006, the Lakes were back in service. MOTION: On motion by Council Member Bever, seconded by Council Member Dixon, the city Council accepted the work as completed for Tewinkle Lakes Renovation, Project No. 04-17, by Pima Corporation, dba Advanced Construction, 2001 South Barrington Avenue, Suite 204, Los Angeles; authorized the City Clerk to file a Notice of Completion therefor; authorized the release of retention monies 35 days thereafter; authorized the exoneration of the Labor and Material Bond six (6) months thereafter; and authorized exoneration of the Faithful Performance bond twelve (12) months thereafter. Council Member Monahan absent. MOTION CARRIED. OLD BUSINESS 1. ORDINANCE NO. 06-12: City Attorney Kimberly Barlow advised that the Ordinance was introduced at the May 2, 2006 meeting and reminded the City Council that it contained clarifying changes to make it easier to understand and enforce. MOTION: On motion by Council Member Mansoor, seconded by Council Member Bever, the City Council adopted the following entitled ordinance, after the reading of the title and waiving further reading: ORDINANCE NO. 06-12. 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. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS MANSOOR, BEVER, DIXON, AND FOLEY NONE MONAHAN The Mayor declared Ordinance No. 06-12 duly passed and adopted. NEW BUSINESS 1. REPORT ON BROADWAY SIDEALKS AND EAST SIDE AREA TRAFFIC CONCERNS: Transportation Services Manager Peter Naghavi briefed his staff report dated May 3, 2006. The following persons spoke to the issue: 1. Jim White, Costa Mesa, favored installation of sidewalks on Broadway between Irvine and Raymond. 2. Max Baskin, Huntington Beach, and property owner on Broadway, spoke in opposition to installation of sidewalks; advised he represented other in the audience who felt the same. 3. Jim Fitzpatrick, Costa Mesa, expressed his support for sidewalks on Broadway between Tustin and Irvine, but emphasized that he did not want that support to take priority over work being done to remedy the speed issue in the area. 4. Peter Sauerborn, Costa Mesa, expressed support for completion of sidewalks on Broadway between Raymond and Irvine; of the 64 homes in the area, 30 of the homeowners have installed sidewalks as part of remodeling projects as required by the City. 5. Rosalyn Reich, Costa Mesa, spoke in opposition to installation of sidewalks on Broadway, noting she believed the beauty of the area were the trees and lawns; and stated that in her opinion speed on Broadway was the real issue. 6. Stephen Dewaun, Costa Mesa, spoke in favor completing the sidewalks on Broadway; believed it is a matter of safety for all pedestrians, given the speed of traffic in the area. 7. Megan Jamieson, Costa Mesa, spoke in opposition to sidewalks in the 200 block of Broadway because they only had a 5 -five-foot setback and if installed, they would lose one to two feet of their property; expressed support for sidewalks in the 400 block of Broadway if the residents wanted it; and believed the real issue on Broadway was speed. 8. Denise Moon, Costa Mesa, favored installation of sidewalks all along Broadway; questioned if the 25 m.p.h speed limit was appropriate and if enforcement had occurred; and advised that if her or her husband's signature was appended to the petition in opposition, it was an error. 9. Peter Campbell, Costa Mesa, was opposed to sidewalks in the 200 block of Broadway; and believed that management of the volume and speed of traffic in the area was absolutely necessary. 10 Danielle Barton, Costa Mesa, expressed her strong support for sidewalks on Broadway and that between Raymond and Irvine was a good start; without completion of sidewalks, the safety of children and the disabled was an issue; and encouraged the City to continue to pursue speed controls in the area. 11. William Holt, Costa Mesa, questioned what the priority, was it control of speed in the area or was it sidewalks; encouraged the City to enforce existing laws; take the money proposed for the sidewalks and assign a police officer to the area for an extended period of time. 12. Brent Hayward, Costa Mesa, expressed the opinion that the volume and speed of traffic has increased despite what the staff report indicated and that additional studies should be conducted; favored installation of sidewalk in the 400 block of Broadway, but sidewalks should not take precedence over addressing the speed and safety issues in the area. 13. Susan Riggs, Costa Mesa, spoke in opposition to the sidewalks in the 200 block of Broadway, but favored them in the 400 block; expressed the opinion that speed in the area was the real issue. 14. Beth Refakas, Costa Mesa, stated that the report indicated that some traffic improvements would be instituted shortly and suggested that the City postpone conducting further traffic studies and use those funds for sidewalks and traffic enforcement; was opposed to traffic calming devices, since they have proven annoying to neighborhoods; expressed the opinion that traffic volume and speed has increased; suggested installation of speed limit signs, street markings of speed limit, and installation of residential neighborhood signs mid block; strong enforcement of laws; and check into the possibility of photo radar. 15. Tony Peca, Costa Mesa, expressed his support for sidewalks if it would make Broadway and the'east side of the City safer; disagreed with the report that indicated traffic volume has remained consistent; and suggested review of the 1997 traffic study. - 16 Patricia Lackie, Costa Mesa, expressed the opinion that the speed of traffic was the issue and that sidewalks would not slow or prevent speeders. MOTION: On motion by Council Member Dixon, seconded by Council Member Foley, the City Council determined that traffic calming speed management issues be addressed at the June Budget hearing and construction of sidewalks on Broadway from 1 1 1 1 1 1 Irvine to Raymond be reviewed at the Budget Study Session. Council Member Monahan absent. MOTION CARRIED. RECESS: The Mayor declared the meeting recessed at 7:49 p.m. AFTER RECESS: The Mayor reconvened the meeting at 8:00 p.m. with all Council Members being present, except Council Member Monahan. 2. BUSINESS IMPROVEMENT AREA (BIA) 2006-2007 ANNUAL REPORT AND INTENTION TO LEVY ANNUAL ASSESSMENT: Ann Shultz, Legislative and Public Affairs Manager, briefed her agenda report dated May 2, 2006, recommending that the City Council approve and file the Annual Report for the Business Improvement Area (BIA) for Fiscal Year. 2006-2007 and adopt a Resolution of Intention reauthorizing the BIA Assessment District boundaries, approval of the BIA budget, and setting a public hearing for June 20, 2006, 7:00 p.m., to consider levy of an annual assessment. Tom Sma;ley, President of the Costa Mesa Conference and Visitor Bureau (CMCVB) referred to and highlighted some of the items contained in the Annual Report. He reported that a new state of the art Web site would be launched shortly promoting tourism and hotel rooms, and will provide a link that will enable people to make reservations at the hotels, restaurants, and theatres, and may include reservations for rental cars and air flights. MOTION: On motion by Council Member Bever, seconded by Council Member Foley, the City Council ordered the Business Improvement Area (BIA) Annual Report for Fiscal Year 2006-2007 received and filed, reauthorized District boundaries, approved the BIA Budget, and adopted the following entitled Resolution No. 06-40 declaring the City's intention to levy an annual assessment for Fiscal Year 2006-2007 for the BIA and setting June 20, 2006, 7:00 p.m., as the date and time to consider the proposal. RESOLUTION NO. 06-40. A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2006-2007 FOR A BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSAL. Roll Call Vote: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, AND FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MONAHAN Council Member Monahan absent. MOTION CARRIED. The Mayor declared Resolution No. 06-40 duly passed and adopted. 3. POLICE DEPARTMENT UPDATE ON AUTO THEFT -AND GRAFFITI ACTIVITY: Captain Ron Smith advised that auto thefts were decreasing and explained the categories under vehicle crimes. He -noted that=there was an 11 percent decrease in the monthly average over Year 2005 Captain Smith noted several factors independent of the Police Departure"nt°s.eff__orts and some specific efforts implemented by the Police Department, n6mely the -Special Enforcement Detail, restructured the Patrol Division under a team effort wherein the Watch Commander has full authority over all resources during his watch, enhanced Departmental CSI technology in conjunction with the Orange County Forensics Department, and increase coordination between the Police Department's Crime Analysis Detail and other allied agencies. Captain Smith pointed out future efforts contemplated by the Police Department which include a website, crime statistics available online, crime warnings, crime prevention, and available Police services. Captain Smith advised that as of the first of the year,.graffiti has doubled. He noted that the Police Department breaks graffiti in to two types, taggers and gang members. The majority of the graffiti is done by taggers who are individuals or groups who use graffiti to express their art. Gang member graffiti is a gang marking their territory or challenging other gangs. In an effort to combat graffiti, Captain Smith advised that the Police Department is increased the uniformed presence in hot spot areas, surveillance, graffiti abatement, working with Orange County Probation, and researching the purchase of a motion activated graffiti camera. A brief Council discussion ensued relating to vehicle theft prosecution, tagging, providing and renting a designated area for tagging, intervention, and enforcement. It was pointed out that in prior years a dedicated area was provided, but became problematic and disbanded. Two Council Members expressed the opinion that they did not want to become like Los Angeles. No action was taken on the foregoing matter at this time. REPORTS 1. Citv Attornev: None 2.. Citv Manager: None ADJOURNMENT: The Mayor declared the City Council adjourned at 8:37 p.m. The next Regular Meeting is June 6, 2006. Respectfully submitted, BY: LINDA D. RUTH, INTERIM CITY CLERK Allan R. Mansoor, Mayor ATTEST: Julie ci ,'Citytlerk 1