HomeMy WebLinkAbout11/14/2006 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
November 14, 2006
The City Council meeting of the City of Costa Mesa, California met in regular
session November 14, 2006, at 5:03 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 Present: Mayor Allan Mansoor
Mayor Pro Tem Eric Bever
Council Member Katrina .Foley
Council Member Gary Monahan
Council Members Absent: Council Member Linda Dixon
Officials Present: City Manager Allan Roeder
City Attorney Kimberly Hall Barlow
City Clerk Julie Folcik
(Council Member Gary Monahan entered at 5:15 p.m.)
II. PUBLIC COMMENTS
There were no public speakers.
III. CLOSED SESSION
1. Bristol Street Mini -Storage
(a) Conference with Real Property Negotiators: Property at 1100 Bristol
Street, Costa Mesa. Agency Negotiator: Allan Roeder. Negotiating
Parties: Bristol Street Mini -Storage LLC (Lee Jamieson) and County of
Orange (Herb Nakasone), pursuant to Government Code Section 54956.8.
(b) Conference with Legal Counsel - Anticipated Litigation,: Significant
exposure to litigation, one case, Bristol Street Mini -Storage, pursuant to
Government Code Section 54956.9(b).
2. Conference __with__ Legal _Counsel—An_t_icip_ated Litigation: _ Significant
exposure to._ litigation, one case,pursuant to Government Code
Section 54956.9(b),
The Mayor recessed the meeting at 5:05 p.m. to a closed session to be
held in Conference Room 1 D.
The Mayor reconvened the regular meeting at 6:00 p.m.
PLEDGE OF ALLEGIANCE - Mayor Allan Mansoor
MOMENT OF SOLEMN EXPRESSION - Reverend Lloyd Sellers, Hoag
Memorial Hospital Presbyterian
ROLL CALL
Council Members Mayor Allan Mansoor
Present: Mayor Pro Tem Eric Bever
Council Member Katrina Foley
Council Member Gary Monahan
Council Members
Absent:
Officials Present:
CLOSED SESSION REPORT
Council Member Linda Dixon
City Manager Allan Roeder
City Attorney Kimberly Hall Barlow
Development Services Director Donald Lamm
Public Services Director William Morris
Neighborhood Improvement Officer Muriel
Ullman
CDBG/HOME Coordinator Mike Linares
City Clerk Julie Folcik
The City Attorney announced that the following action was taken: ,
Bristol Street Mini Storage:
(a) Conference with Real Property Negotiators: Property at 1100 Bristol
Street, Costa Mesa. Agency Negotiator: Allan Roeder. Negotiating
Parties: Bristol Street Mini -Storage LLC (Lee Jamieson) and County of
Orange (Herb Nakasone), pursuant to Government Code Section 54956.8.
MOTION: Not to extend the tolling agreement.
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.
No action was taken on the remainder of the Closed Session items.
PRESENTATIONS
Pat Krone, Orange County Human Relations Commissioner, presented the
Commission's 2005-2006 Annual Report. She highlighted the
commissions' accomplishments for the past year which included mediation
in reported cases of hate crimes, provided local high schools educational
programs through their school inter -relations program, violence prevention
training, and of the "Walk In My Shoes" symposium.
IV. PUBLIC COMMENTS
There were no public speakers.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Gary Monahan reported that he attended the recent Orange
County Transit Authority (OCTA) board meeting and advised
that the Garfield/Gisler Bridge Memorandum of Understandings were
adopted unanimously by the Board and therefore the bridge would be a
"right-of-way hold" and thanked staff for their efforts. He also announce
that at the League of California Cities meeting, held the previous
week, Mayor Mansoor was appointed as a board member to OCTA.
Mayor Allan Mansoor requested that the condition of the pedestrian/bicycle
bridge that crosses the Santa Ana River trail near Fairview Park be
assessed and that staff contact the County regarding their findings.
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Council Member Katrina Foley informed the audience of the newly formed
Youth Council and invited interested high school students, that are Costa
Mesa residents, to apply by November 20, 2006, at 5:00 p.m.; she
announced that item donations for the City's sponsorship of D -
Company were being collected and due November 30, 2006, for the holiday
distribution, and requested that an announcement be placed on the cable
station; she provided a list of suggested care package items. Council
Member Foley also requested monthly updates of legal or staff time costs
associated with any immigration proposals or mitigation of immigration
matters.
VI. CONSENT CALENDAR:
CONSENT CALENDAR ITEM NOS. 1 THROUGH 16.
MOTION: To approve the recommended actions for Consent Calendar
Item Nos. 1 through 16, except Item No. 11
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 Katrina Foley, Council Member Gary Monahan
Noes: None.
Absent: Council Member Linda Dixon
Readina Folder.
The following claims were _received and processed:Irma Garcia:
James Grucza; _Regina Lazo: Willie "Fred" McLendon: Jerry L.
Steering on behalf of Bibii Zemal_ah Turrin; and Denise Wood._
The following_Reauest_for Alcoholic _Beverage Control Licenses were
received and processed__ Pacific Whey -Holding LLC.,_for the Pacific
Whey_ Cafe,__333.3_ Bear _Street,Suite 119,_ for a_person-to_ person
transfer of an existing type 41 (on -sale beer and wine for a_bona fide
eating place)_
The following memorandum was received from the City Attorney_
regarding information on Post Storage Hearings_
2. Regular Meeting of September 19, 2006 and October 17, 2006.
ACTION: Approved.
3. Warrant_ Resolution 2132, funding_ Payroll _NO. _620 for_$2,389,896.74,
and City_ operating expenses for $1,281,171.10 including—payroll
deductions.
ACTION: Resolution adopted.
4. Warrant Resolution 2133. funding City operating- expenses for
$732,089.19.
ACTION: Resolution adopted.
5. Warrant Resolution_ 2134, funding Pay_ro_ II No._621_for $2,296,591.43
and -Payroll No. -620A for _$3,440.07,._and City operating expenses for
$996,832.55 includ_i_ng_pay_roll_deductions.
ACTION: Resolution adopted.
6. Accept the donation from a private citizen�Mr. Ki Nam, for 13,000 for
the Police Department.
ACTION: Approved.
7. Purchase of ten 2007 Police Interceptor black and white Ford Crown
Victoria vehicles with the police package from Clippinger Ford, 2000
E. Garvey South,_West Covina, -in the amount of$247,395.30,-through
the County of Los Angeles Price Agreement.
(a) Budget Adjustment No. 07-025 for $310,000 to appropriate available
balance in the Equipment Replacement Fund for replacement of ten police
units.
ACTION: Approved purchase; Approved Budget Adjustment and
authorized the Mayor to sign.
8. Authorize refund of cash deposit in the amount of $6,357 to Michael
Sala, -14 Delamesa West,- Intine,in connection with Encroachment
Permit No. PS06-00422 for street improvements located at 290 Sierks
Street.
ACTION: Approved.
9. Authorize refund of cash deposit in the amount of $9,003.10 to
Cavecche Engineerina & Construction Co., Inc.. 4125 Katella Avenue,
Los Alamitos. in connection with Encroachment Permit No. PS06-
00267 for street im rp overn nts located at 3224 California Street.
ACTION: Approved.
10. Completion of 2005-2006 CDBG Project: Alley No. 123, Project No.
06-09, by_Kalban. Inc.. 9075 Glenoaks Boulevard. Sun Valley.
ACTION: Work was accepted; City Clerk was authorized to file a Notice of
Completion; authorization was given to release retention monies 35 days
thereafter; the Labor and Material Bond was ordered exoneration seven
(7) months thereafter; and the Faithful Performance Bond was oredered
exoneration twelve (12) months thereafter.
12. Adopt City Council Policy relating to legal defense of City employees
or former emoloyees.
ACTION: Adopted Council Policy No. 000-14
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA. AUTHORIZING RECORDS DESTRUCTION FOR
THE TELECOMMUNICATIONS DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT. PURSUANT TO ORDINANCE NO. 75-60.
ACTION: Adopted Resolution No. 06-88.
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA,—CALIFORNIA. AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT TO TRANSFER OR
PURCHASE EQUIPMENT OR SERVICES FOR THE FY 2005 URBAN
AREAS SECURITY INIATIVE GRANT (UASI).
(a) Authorize the Police Department to accept FY 2005 UASI
reimbursement funds allocated to the City in an amount not to exceed
$48,058, for reimbursement of training costs included but not limited to
tuition, overtime, and backfill for pre -approved Office of Domestic
preparedness -approved training for police, fire, and city personnel.
(b) Budget Adjustment No. 07-035 for $48,058.
ACTION: Adopted Resolution No. 06-89; Approved authorization;
Approved Budget Adjustment and authorized the Mayor to sign.
15. Agreement with the County of Orange to Transfer Property_or Funds
for Fiscal _Year (FY)_2004-2005 Homeland Security Grant_Progra__m for
reimbursement of training expenses and receiving equipment.
(a) A RESOLUTION OF THE CITY COUNCIL ° OF THE CITY OF COSTA
MESA, CALIFORNIA, APPOINTING AN AUTHORIZED AGENT FOR
OBTAINING GRANT MONIES, EQUIPMENT, OR SERVICES UNDER
THE 2004 HOMELAND SECURITY GRANT PROGRAM.
ACTION: Approved and Adopted Resolution No. 06-90.
16. Agreement with _the County_of Ora.nge_to Transfer Property_ _or_Funds
for Fiscal_Y
ear (FY).__2005-_2006_Homeland_Sec_u__rity GrantProgram for
reimbursement of training expenses and receiving equipment.
(a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, APPOINTING AN AUTHORIZED AGENT FOR
OBTAINING GRANT MONIES, EQUIPMENT, OR SERVICES UNDER
THE 2005 HOMELAND SECURITY GRANT PROGRAM.
ACTION: Approved and Adopted Resolution No. 06-91.
ITEMS REMOVED FROM THE CONSENT CALENDAR.
11. Fire Station–No.- 6 and Tewinkle Park Restroom Roof Restoration,
Project No. 06-21
(a) Accept bid withdrawal from Vance & Associates Roofing, Inc.
(b) Reject all bids.
(c) A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF COSTA
MESA, CALIFORNIA, DECLARING PROJECT NO. 06-21 MAY BE
PERFORMED MORE ECONOMICALLY BY LABOR, MATERIALS OR
SUPPLIES FURNISHED AT A LOWER PRICE IN THE OPEN MARKET.
(d) Budget Adjustment No. 07-040 for $25,000.
(e) Authorize staff to negotiate with State licensed roofing contractors to
obtain the best available price for the roof restoration at Fire Station No. 6
and TeWinkle Park Restroom, for a combined price not to exceed $75,000.
William Morris, Public Services Director identified for Council Member
Foley that the restroom at TeWinkle Park, located near Presidio
Square was the building that was to have roof restoration.
MOTION: Accept bid withdrawal from Vance & Associates Roofing,
Inc.; Reject all bids; Adopt Resolution No. 06-92; Approve Budget
Adjustment; authorize the Mayor to sign; and approved authorization
for staff to negotiate.
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 Katrina Foley, Council Member Gary Monahan
Noes: None.
Absent: Council Member Linda Dixon
VI. PUBLIC HEARINGS
1. PUBLIC HEARING: Continued from the meeting of September 19.
2006 regarding A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA. CALIFORNIA. ORDERING THE VACATION OF A
PORTION OF EL CAMINO DRIVE, MENDOZA DRIVE. AND
CORONADO DRIVE ADJACENT TO 1011-1045 EL CAMINO DRIVE
AND AT 2805 & 2829 SAN JUAN LANE. (Public Hearing set by
Resolution No. 06-67.)
The City Manager advised of the staff's recommendation to continue the
hearing to November 21, 2006, so that the applicant could review
additional conditions that were being proposed.
MOTION: Continue the Public Hearing to November 21, 2006, at 7:00
p.m.
Moved by Council Member Gary Monahan, seconded by Council
Member Katrina Foley.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Council Member Katrina Foley, Mayor Pro
Tem Eric Bever, Council Member Gary Monahan
Noes: None.
Absent: Council Member Linda Dixon
VIII. OLD BUSINESS
1. From the meeting of October 17. 2006, second reading and adotp ion
of ORDINANCE 06-22: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE
AMENDMENT CO -06-07 WHICH AMENDS TITLE 13. CHAPTER V.
ARTICLE 6 OF THE COSTA MESA MUNICIPAL CODE REGARDING
THE REVIEW PROCEDURES FOR RESIDENTIAL SECOND -STORY
ADDITIONS IN PLANNED DEVELOPMENT ZONES.
MOTION: Adopt Ordinance No. 06-22, to be read by title only and
waive further reading
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, Council Member Katrina Foley, Mayor Pro
Tem Eric Bever, Council Member Gary Monahan
Noes: None.
Absent: Council Member Linda Dixon
IX. NEW BUSINESS
1. Revised Community Development Block Grant (CDBG) funded Public
Service Grants application ratina criteria.
(a) Consider holding an additional City Council meeting to review the
specific CDBG public service grant requests before a final vote is taken by
the City Council.
Mike Linares, CDBG/Home Coordinator, presented the staff report and he
along with Muriel Ullman, Neighborhood Improvement Officer answered
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questions from the Council.
Council Member Foley explained her premise behind the suggestion of
having the 3-R Committee recommendations come to two meetings of the
City Council. She explained that the additional opportunity would allow for
the committee to make a more formal presentation, providing more
background and the reasons for their recommendations for grants
and providing Council more of an opportunity to review the
recommendations.
Council Member Monahan commented that he supported the idea of the
additional presentation and review by Council but felt that a study session
would be more appropriate for the presentations.
Sam Clark, Costa Mesa, member of 3-R Committee, informed the Council
that the committee was supportive of the holding of a study session for the
presentation and review of their recommendations.
MOTION: Adopt the revised Community Development Block Grant
funded Public Service Grants application rating ciriteria; direct staff
to revise program policies and procedures and the 2007-2008 Public
Service Grant application to reflect changes.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric
Bever.
Mayor Mansoor commented that he was supportive of a study session but
felt that a Council Member could bring forward that request.
Council Member Foley made a standing request that the 3R Committee
bring the CDBG recommendations to a study session prior to the
scheduled hearing, during her tenure.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Council Member Katrina Foley, Mayor Pro
Tem Eric Bever, Council Member Gary Monahan
Noes: None.
Absent: Council Member Linda Dixon
2. Urban Mast_er__Plan_ Screening_UMP-06-10 request for 1640 Monrovia
Avenue within the Mesa West Bluffs Urban Plan area.
Mayor Mansoor informed the audience that there was a request by the
applicant to pull the item from the agenda and therefore the item would not
be heard that evening.
3. Telecommunications legislation_(AB2987)_update,_allowing for_ video
services by telecommunication companies throughout the State.
The Public Services Director summarized the agenda report and
responded to the questions from the Council.
Council Member Monahan expressed concern regarding the size of the
cabinet and its aesthetic value in a residential area.
Beth Refakes, Costa Mesa, spoke in opposition to the size of the cabinet
which would be located infront of someone's home; expressed concerns
regarding graffiti, safety issues for people walking by, the potential for the
relinquishing of the necessary property for the location of the cabinet;
questioned why the permits are being issued before the effective date of
the legislation, and suggested undergrounding of the box.
Mark Leslie, Vice President for AT&T, indicated that the cabinet would be
smaller for residential areas, for aesthetic purposes; that the company will
negotiate with the land owner if additional easements are required for the
installation of the cabinet, but that the focus is to place the cabinets in the
public right-of-way. He clarified that deployment of video service is the
focus the legislation and advised that AT&T is not planning on deploying
video until March 2007. He emphasized that they wish to work with the
communities regarding deployment and advised that the objective of the
company is to reach the majority number of homes with the least invasive
methods. He responded to questions of the City Council.
Mayor Mansoor expressed that he was concerned about the cabinet and
its size.
Eddie Marques, Public Affairs Southern California Edison, expressed a
concern and that they would like an opportunity to meet with staff before
the implementation of the proposed requirements.
Bob Morelli, Costa Mesa, expressed support of the Council's concerns.
MOTION: Direct staff to include Conditions of Approval for any requested
permit in the public right-of-way that includes an above ground cabinet
greater than 25 cubic feet in volume and to convey information to all utility
companies and AT&T California.
Moved by Mayor Allan Mansoor, seconded by Council Member Gary
Monahan.
Council Member Monahan felt that the radius was too large for notification
of such an installation. He felt that notification could be centralized to
those most effected in the area.
Mayor Mansoor agreed that the motion be revised to give direction to staff
to give notice to a reasonable radius for public notification.
SUBSTITUTE MOTION: direct staff to work with the applicants, League of
California Cities, and other cities and City Managers, to draft model
Conditions of Approval and ordinance, for approval of the above ground
cabinets of larger than 25 cubic feet in volume, and to convey and work
with AT&T and Southern California Edison on those matters.
Moved by Council Member Katrina Foley. Motion died for lack of second.
The City Attorney expressed concern as there were pending applications
that need appropriate conditions of approval issued, unless AT&T is willing
to delay the applications.
Council Member Monahan withdrew his second, until the confusion on
the discussion items were clarified.
The Mayor exited at 6:10 p.m. and returned at 6:13 p.m.
The City Manager clarified that purpose of the consortium in the working
with other cities when addressing the issues that will effect each city with
administering of the legislation and approval of such installments.
MOTION: direct staff to work with the communications industry with
AT&T, Southern California Edison, and other cities, to come up with
model conditions of approval and an ordinance which is to be brought back
to the Costa Mesa City Council to have in place when legislation is
effective, and that the encroachment applications be delayed, as agreed to
by AT&T.
Moved by Council Member Katrina Foley, seconded by Council Member
Gary Monahan.
Mr. Leslie, for the record, indicated that AT&T would agree to the delay in
the applications but for a reasonable and specified period of time. Council
Member Foley agreed to review at the second meeting in January, 2007.
Council Member Monahan withdrew his second for clarification of some
concerns. He requested for an sample of the cabinet that is being
proposed and the surface material that is used by AT&T. He stated that
he would not want to delay a decision by awaiting the outcome of the
collaborative determination from the various cities on the conditions of
approval, as he felt that staff could work with AT&T, Southern California
Edison and Verizon for an satisfactory solution.
MOTION: Continue to a January 2007 meeting.
Moved by Council Member Gary Monahan, seconded by Mayor Allan
Mansoor.
Mayor Pro Tem Bever reiterated the desire of the Council that the staff
would be working towards cabinets that are aesthetically pleasing and free
from graffiti and stickers.
The motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Council Member Katrina Foley, Mayor Pro
Tem Eric Bever, Council Member Gary Monahan
Noes: None.
Absent: Council Member Linda Dixon
X. REPORTS
City Attorney: None
City Manager: None
XI. ADJOURNMENT - The Mayor adjourned the meeting at 6:19 p.m. The
next Regular Council Meeting is November 21, 2006.
�Z/L
Mayor of the City of Costa Mesa
ATTEST:
Cit Clerk of the City of Costa Mesa
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