HomeMy WebLinkAbout11/21/2006 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
November 21, 2006
The City Council meeting of the City of Costa Mesa, California met in regular
session November 21, 2006, at 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.
I. ROLL CALL
Council Members Present: Mayor Allan Mansoor
Mayor Pro Tem Eric Bever
Council Member Linda Dixon
Council Member Katrina Foley
Council Members Absent: None
Council Members Excused: Council Member Gary Monahan
Officials Present: City Manager Allan Roeder
Assistant City Manager Thomas Hatch
City Attorney Kimberly Hall Barlow
City Clerk Julie Folcik
II. PUBLIC COMMENTS
There were no public speakers.
Mayor Mansoor recessed the meeting at 5:03 p.m. into Closed Session in
Conference Room 1 D.
III. CLOSED SESSION
1. Conference with_Real_Property Negotiators_ Property located at 1640
Monrovia Avenue _Agency_Negotiator: Allan Roeder,- City Manager;
and Negotiating Party: Nexus Development..pursuant to Government
Code Section 54956.8.
2. Public Employee-Performan-ce Evaluation for City Attorney and City_
Manager,_pursuant to Government Code Section 54957.
The Mayor reconvened the Regular Meeting at 6:15 p.m.
PLEDGE OF ALLEGIANCE - Council Member Gary Monahan
MOMENT OF SOLEMN EXPRESSION. - The Mayor read Abraham
Lincoln's Thanksgiving Proclamation signed on October 3, 1863.
ROLL CALL
Council Members Mayor Allan Mansoor
Present: 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
Assistant City Manager Thomas Hatch
City Attorney Kimberly Hall Barlow
Development Services Director Donald Lamm
Public Services Director William Morris
Management Analyst Carol. Proctor
Fairview Park Plan Administrator Robert
Staples
Senior Planner Claire Flynn
Principal Planner Kimberly Brandt
Management Analyst Hilda Veturis
Senior Engineer Fariba Fazeli
City Clerk Julie Folcik
CLOSED SESSION REPORT
The City Attorney reported no action was taken on the Closed Session
items.
PRESENTATIONS
The Mayor congratulated Employees of the Month - Human Resources,
Risk Management Division Staff: Risk Administrator Debra Yasui; Risk
Management Analysts Jim Thyden and Ryan Thomas; and Benefits
Coordinator Natasha Martinez. They were recognized for their teamwork,
professionalism, dedication, and organizing the Annual Health and
Wellness Week and the Employee Benefits Open Enrollment Period.
Judge William Evans announced the Annual Recruitment for the 2007-
2009 Orange County Superior Court Grand Jury. He invited participation
of Orange County residents and referred to their websites at
www.occourts.org and www.ocgrandjury.org for information and
application.
City Manager Allan Roeder introduced the new Costa Mesa Police Chief
Christopher Shawkey. Chief Shawkey thanked the City and stated he is
looking forward to being the new Police Chief.
IV. PUBLIC COMMENTS
1. Scott Sink saoke about the Immigration Custom Enforcement (ICE)
Proposal and closure of the Job Center referred to a Los Angeles
Times article on immigration.
2. Gema Salas. Costa Mesa, spoke about her participation in an anti-
police and immigration officer brutality march held on October 22,
2006.
3. Martin Millard. Costa Mesa, commented on the outcome of the
election and Citi[ teadership�recommended City mprovements�
commented on issues concerning -al rDort expansion. freeway
undergrounding,-Westside Bluffs development, and athletic field
space.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
1. Council Member Linda Dixon congratulated Mayor Mansoor and
Council Member Elect Wendy Leece on their victories: pointed out
the City's population of 116,000 residents with 55,000 registered
voters compared to the state of Minnesota with an 80 percent voter
turn out on election day; expressed interest in educating our youth
on the importance of voting.
2. Mavor Pro Tem Eric Bever voiced appreciation to Council Member
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Monahan;_ wished_ __eve_ryone_aHappy Thanksgiving; --reminded.
everyone of the Holiday_Snowhill event on December 9, _ 2006 from
9:00 a.m. to 1.2:00 -_p.m. -__at the Balearic Community__ Center;_ and
referenced previous__public speakers comments relating to the Los
Anqeles Times article.
3. Council Member GaryMonahan had no comments.
4. Mayor Allan Mansoor referred to a letter from_ Supervisor Bill
Campbell relating_to the Orange County Storm Water Program and
announced apublic workshop will be held on December 4, 2006 from
1 _00_p.m_to_ 2,10 -p.m. at the Peter and Mary Muth Interpretive Center
in Newport Beach.
5. Council Member Katrina Foley wished eve_ry_one Happy_Thanksgiving;
encouraged.youuth _basketball registr_ation;_invited everyone to --view
the Waldorf School_y_outh___ arts __gallery_ in the_ City_Hall_ lobby;.
reminded the audience that the Childcare Youth Services Committee
is still -applications; the South Coast_ Plaza_ Tree
Lighting_Event_was to be_.held November 27, 2006: and inquired -on
the Airport_Land_ Use Commission (ALUC) and recommended a
representative for the City_.
The City__Manager_advised_ that the_ALUC committee_ -members --are
appointed by_the-Board-of-Supervis-orsand the League of -California
Cities;_ advised the current—rep resentativesare _ Newport Beach
Council Member ._Don Webb and alternate member Newport Beach
City Manager Homer Bludau.
VI. CONSENT CALENDAR
CONSENT CALENDAR ITEM NOS. 1 THROUGH 12.
MOTION: Approve the recommended actions for Consent
Calendar Items Nos. 1 through 12, except for Consent Calendar Item
Nos. 5 and 7 and to hear Consent Calendar Item No. 6 after Public
Hearing No. 4.
Moved by Mayor Allan Mansoor, seconded by Council Member Gary
Monahan.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
1. Readina Folder.
ACTION: The following claims were received and filed: Louana
Arseneau; and Kenneth J. Wenzel on behalf of Robert Krastine.
The following Notification Letter was received and filed: Royal Street
Communications, LLC — Notification Letter of intent to construct a cellular
facility — PCS Wireless Site No. LA0601A.
2. Adjourned Regular _Meeting/Study__ Session_Minutes- of October 10,
2006 and Regular Meeting Minutes of November 7. 2006.
ACTION: Approved.
3. Warrant Resolution 2135, funding City operating expenses for
$1,099,556.88.
ACTION: Resolution adopted.
4. Warrant Resolution 2136, funding Payroll No. 622 for $22,312.152.73
and Payroll No. 621A for 2,027.97, and City operating expenses for
$779,613.79 including -payroll deductions.
ACTION: Resolution adopted.
8. Completion of Tewinkle Park Athletic Field Complex, Project No. 05-
20, by Lehman Construction, Inc.. Post Office Box 3569. Tustin.
ACTION: Work was accepted; City Clerk was authorized to file a Notice of
Completion; authorization was given to release of retention monies 35
days thereafter; the Labor and Material Bond and the Faithful Performance
Bond was ordered exoneration twelve (12) months thereafter.
9. Completion of Harbor Boulevard at Gisler Avenue Intersection
Improvements. Proiect No. 05-27, by Sequel Contractors. Inc.. 13546
Imperial Highway, Santa Fe Springs.
ACTION: Work was accepted; City Clerk was authorized to file a.Notice of
Completion; authorization was given to release of retention monies 35
days thereafter; the Labor and Material Bond was ordered exoneration
seven (7) months thereafter; and the Faithful Performance Bond was
ordered exoneration twelve (12) months thereafter.
10. Final Map for Tract No. 16820 located at 654 West 18th Street. Costa
Mesa, for a one lot airspace subdivision to facilitate a six -unit
common interest condominium development.
ACTION: Approved; authorized City Engineer and City Clerk to sign.
11. Recommended allocation of funds for the 2006-2007 Citizens' Option
for Public Safety/Supplemental Law Enforcement Services Funds
(COPS/SLESF)for the purchase of 100 Tasers.
(a). Budget Adjustment No. 07-041 for $55,442.
ACTION: Approved; approved Budget Adjustment and authorized the
Mayor to sign.
12. Accept a Grant from the Fireman's Fund Heritage Grant Program, for
VHF Radios and Digital Voice Recorders. in the amount ofi7,800.
(a). Budget Adjustment No. 07-039 for $7,800.
ACTION: Approved; approved Budget Adjustment and authorized the
Mayor to sign.
ITEMS REMOVED FROM CONSENT CALENDAR
5. Memorandum of Agreement for Orange Coast River Park (OCRP).
Martin Millard, Costa Mesa, commented that this park would not benefit
the City; recommended that the Council not take action and suggested
looking at alternatives for bringing in the ocean to the area.
Management Analyst and Representative to the Orange Coast River Park
Carol Proctor answered questions from City Council; advised approval was
requested of participating agencies prior to the County of Orange Board of
Supervisors meeting to be held on December 4, 2006.
MOTION: Approve.
Moved by Council Member Gary Monahan, 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, Council
Member Gary Monahan
Noes: None.
Absent: None.
6. Amended Agreement with Harbor Soaring Society_(HS_S), Post Office
Box- 16.7__3,_Costa Mesa,__for_the _use of a portion of Fairview Park for
flying radio—controlled_ model aircraft.
The Mayor announced this item would be heard after Public Hearing No. 4.
7. Award Construction_ Contract,—for the _Costa Mesa Senior Center
Energy Efficient_ Roof Coating,_ Project No. 06-19. to _Best _Roofing ._&
Waterproofing, Inc.d.b.a.Best Contracting Services,_ Inc._, 19027
South Hamilton Avenue,_ Gardena, in the amount W$84,271.
(a). Budget Adjustment No. 07-033 for $44,300.
Director of Public Services, William Morris, answered questions from
Council Members explaining the purpose of the budget adjustment was
due to the increase in costs of quality roofing material.
Council Member Foley suggested staff meet with the Coast Community
College District and utilize their cost estimate program for estimating City
projects.
MOTION: Approved and authorized the Mayor and City Clerk to sign;
Approved Budget Adjustment and authorized the Mayor to sign.
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.
VI. PUBLIC HEARINGS
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 October 17,_2006
regarding -North_ Costa_ Mesa High. -Rise Residential Projects in the
North Costa Mesa Specific Plan area:.
a. Final Program Environmental Impact Report(EIR) No. 1052 (SCH
#2006011077)1
b. General Plan Amendment GP -06-02 (Land Use and Noise
Elements);
C. AN ORDINANCE _OF_THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA. ADOPTING ZONING CODE
AMENDMENT CO -06-05 WHICH AMENDS TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE REGARDING HIGH-RISE
RESIDENTIAL DEVELOPMENT IN PLANNED DEVELOPMENT
AND TOWN CENTER ZONES:
d. North Costa Mesa Specific Plan Amendment SP -06-02;
e. Preliminary Master Plan PA -05-53 for Seqerstrom Town Center
(Site 1)i
f. Preliminary Master Plan PA -05-52 for OCMA (Site 2);
g. Preliminary Master Plan PA -05-47 for Svmr)honv Towers (Site 4);
h. Preliminary Master Plan PA -05-50 for Pacific Arts Plaza (Site 5):
i. Consideration and action related to Airport Land Use Commission
Determination.
The Affidavit of Publication and Mailing are on file in the City Clerk's Office.
Development Services Director Don Lamm reported that due to the recent
determination of the Airport Land Use Commission (ALUC) recommended
that items 1(b) through 1(h) be continued to the January 16, 2007
meeting.
MOTION: Continue Items 1(b) through 1(h) to the meeting of January
16, 2007, at 7:00 p.m.
Moved by Council Member Gary Monahan, seconded by Mayor Pro
Tem Eric Bever.
Council Member Dixon requested the motion include a provision on public
art or similar amenities to the Theater Arts District. She stated that the
particular area has a strong art appearance and commented that the public
art would be important to the area; recommended incorporation of green
building technologies into the proposals; and suggested an in lieu
commitment of funding toward affordable housing.
There being no public comment on Item 1(i) or 1(a), the Mayor closed
public comments.
Council Member Monahan did not support the addition of those items until
a full hearing could be conducted.
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.
The Development Services Director commented on the magnitude of the
project and stated it was the second largest in Costa Mesa to date; briefly
summarized the agenda report commenting on the collaborative efforts in
presenting one master plan; advised of the Airport Land Use
Commission's (ALUC) determination and pointed out the Council's option
to accept or override the ALUC action; recommended Council adopt Item 1
(i) stating the Council is not committing to the override but intend
to proceed forward with the project and giving the Commission a 45 day
notice; noted a final decision by Council will be made on January 16, 2007.
Jean Forbath, representative of the Costa Mesa Housing
Coalition, addressed the EIR; congratulated the City on the proposal for
the innovative housing needed in Costa Mesa; reminded the Council of the
need for affordable housing; suggested a percentage of affordable rental
units to be built offsite; referred to an interoffice memo to Council relating
to the housing element update process.
Eileen McCarthy, Staff Attorney from the Public Law Center, commented
on the need for affordable housing; reported that the
City has built approximately ten percent of low and very low income
housing needs; stated that this project will represent 154% of moderate
and above -moderate housing needs; encouraged the Council to remember
its obligation when considering the land use decisions that would be made.
MOTION: Adopt Resolution No. 06-93: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, NOTIFYING
THE AIRPORT LAND USE COMMISSION OF THE CITY'S INTENTION
TO ADOPT PROPOSED FINDINGS AND ACTION TO OVERRIDE THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION'S
DETERMINATION THAT THE PROPOSED NORTH COSTA MESA
HIGH-RISE RESIDENTIAL PROJECTS (INCLUDING GENERAL PLAN
AMENDMENT AND SPECIFIC PLAN AMENDMENT) ARE
INCONSISTENT WITH THE 2002 JOHN WAYNE AIRPORT ENVIRONS
LAND USE PLAN.
Moved by Council Member Gary Monahan, seconded by Mayor Pro
Tem Eric Bever.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
MOTION: Adopt Resolution No. 06-94: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 1052 FOR
THE NORTH COSTA MESA HIGH-RISE RESIDENTIAL PROJECTS
GENERALLY LOCATED NORTH OF THE 1-405 FREEWAY, SOUTH OF
SUNFLOWER AVENUE, EAST OF BRISTOL STREET, AND WEST OF
SAKIOKA DRIVE IN NORTH COSTA MESA.
Moved by Council Member Gary Monahan, seconded by Council
Member Linda Dixon.
Council Member Dixon commented that this project should include some
kind of commitment towards funding of affordable housing in other areas of
the City, and indicated that one of the elements that she would be
considering when reviewing this project would be an in -lieu commitment
for affordable housing.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
Council Member Dixon noted that she will be making a separate motion in
relation to projects in the City. She directed staff to research and return
to Council with a Citywide Library Assessment Fee for additional need for
library facilities needed as a direct result of the additional developments in
Costa Mesa.
Council Member Foley requested information be brought to a Study
Session.
MOTION: Directed staff to research and return to a Study Session
with a Citywide Library Assessment Fee for additional need for
library facilities needed as a direct result of the additional
developments in Costa Mesa.
Moved by .Council Member Linda Dixon, seconded by Council
Member Katrina Foley.
Council Member Monahan suggested that staff review if such fee would
need to go to the voters and if it is covered under Proposition 218.
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: Council Member Gary Monahan
Absent: None.
The City Clerk announced that this was the time and place set for a public hearing
to consider:
2. PUBLIC HEARING: Continued from the meeting of October 17. 2006
regarding "The Californian at Town Center" high-rise residential
project at 580 Anton Boulevard in the North Costa Mesa Specific Plan
area:
The Affidavit of Mailing and Publication are on file in the City Clerk's Office.
MOTION: Continue to January 16, 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 Linda Dixon, Council
Member Katrina Foley, Mayor Pro Tem Eric. Bever, Council
Member Gary Monahan
Noes: None.
Absent: None.
RECESS: The Mayor declared the meeting recessed at 7:27 p.m.
AFTER RECESS: The Mayor reconvened the meeting at 7:38 p.m.
The City Clerk announced that this was the time and place set for a public hearing
to consider:
3. PUBLIC HEARING: Continued from the meeting of November 14.
2006 regardinq 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 Hearina set by
Resolution No. 06-67.)
The Affidavit of Mailing and Publication are on file in the City Clerk's Office.
Public Services Director William Morris summarized the agenda report and
responded to questions from the City Council. He advised the developer
has posted bonds that would effectuate any vacation that would occur.
The Mayor asked if anyone wished to comment to come forward.
Brad Barlow, Project Developer, expressed concern regarding the
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conditions that were put forth on the abandonment and requested that
these conditions not be included; answered questions from the City
Council; pointed out his concern of condition one as stated in the proposed
resolution relating to the recording of the final tract map.
The City Attorney indicated that when the developer present a final tract
map then the resolution will be recorded. She stated it is the recording of
the resolution that effectuates the vacation; explaining the order of
recordation of the documents.
Discussion ensued among the developer, staff, and Council Members
relating to the conditions and a time frame expected to break ground.
The City Attorney advised that the
acceptable with the County. Council
the project development, building
property is an attractive nuisance.
proposed process of recordation is
Member Foley expressed concern on
timeline, and commented that the
MOTION: Adopt the amended resolution dated November 21, 2006;
authorized the Mayor and City Clerk to sign; and Clerk to record Quitclaim
Deeds.
Moved by Council Member Linda Dixon, seconded by Council Member
Gary Monahan.
After clarification of the motion to include the proposed conditions, Council
Member Monahan withdrew his second. He commented that there is a
conflict in recording of the tract map between the developer and the
County; stated that a commercial property will not be developed since it is
rezoned residential.
Council Member Foley seconded the original motion.
SUBSTITUTE MOTION: Adopt Resolution No. 06-95, as amended to
exclude Condition No. 1; authorized the Mayor and City Clerk to sign;
and Clerk to record Quitclaim Deeds.
Moved by Council Member Gary Monahan, seconded by Mayor Pro
Tem Eric Bever.
Council Member Foley stated she would .not be supporting the motion and
opined that that the recordation of the quitclaim deeds without conditions
may create problems for the city if the current project is not built. If not
built, it may be in the City's best interest to preserve the property as a
park, community center, or to build a landscape median to beautify the
neighborhood.
The substitute motion carried by the following roll call vote:
Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council
Member Gary Monahan
Noes: Council Member Linda Dixon, Council Member Katrina Foley
Absent: None.
The City Clerk announced that this was the time and place set for a public hearing
to consider:
4. PUBLIC HEARING_ Consideration of an ordinance, review and
approval of the permitting regulations and permitting sy_stem,_ and
establishment of a permit fees for the flying of model aircraft at
Fairview Park.
(a) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 12 OF THE
COSTA MESA MUNICIPAL CODE RELATING TO FLYING OF MODEL
AIRCRAFT AT FAIRVIEW PARK.
The Affidavit of Mailing and Publication are on file in the City Clerk's Office.
Fairview Park Plan Administrator Robert Staples briefed his staff report
and answered questions from City Council.
In response to a question from Mayor Pro Tem Bever, HSS
Secretary/Treasurer Jim Hanson explained they have a device that will be
able to transmit the real time altitude above ground of a model aircraft; and
advised that the FAA altitude regulation is 400 feet above ground level.
Hugh Broesamle, Costa Mesa, stated that there is no FAA regulation for
altitude and it is an advisory and not enforceable; mentioned there is no
400 foot ceiling for flying of model aircraft at Fairview Park; referenced
Section 12-61 of the proposed ordinance; questioning language regarding
prohibitions, the definition of model aircraft, and the Academy of Model
Aeronautics .(AMA) weight limit. He expressed concern for safety at
Fairview Park.
The City Attorney advised the 400 feet limit is based on an FAA advisory
circular that is binding and should be enforceable; commented on the
definition of model aircraft and stated it is intended for aircraft that can be
flown above the height of a house and restricted to flying at Fairview Park.
Discussion ensued among Council Members and City Attorney
referencing the previous speaker's comments. City Attorney stated staff
could refine the definition of model aircraft and introduce ordinance.for first
reading. Mr. Robert Staples requested free flight models be removed from
the definition. Council Member Dixon requested that the ordinance be
specific to restrict flying only at Fairview Park.
Jim Hansen answered questions from Council regarding the types of
aircrafts; clarified a few points about insurance issues and aircraft weight
limit.
Mayor Pro Tem Bever requested the aircraft weight limit be reduced to 12
pounds. After discussions, it was confirmed by an HSS representative that
the maximum weight of an aircraft is approximately 18 pounds.
MOTION: Direct staff to come back with revised language to the ordinance
as indicated this evening.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric Bever.
Council Member Monahan advised that he would not support the motion
and referenced a letter that was received from a public speaker.
The Mayor withdrew his motion. Robert Staples answered questions from
Council Member Foley and advised staff has been working on proposed
ordinance for approximately a year; addressed concerns of the citizen; and
stated the intent of the ordinance is to protect the use of the field, to
protect the public, and the liability of the City.
MOTION: Introduce ordinance for first reading, read by title only, and
waived further reading and directed staff to come back on December 5,
2006, to provide additional definition of model aircraft and to refine the
definition of where and what types of model aircraft are allowed.
Moved by Council Member Katrina Foley, seconded_ by Council Member
Linda Dixon.
Mayor Pro Tem Bever commented that there appears to be a problem in
defining the difference between soaring gliders and scale model flying. He
did not support moving forward at this time.
The City Attorney commented that if the majority of the Council is satisfied
with refining the definition of model aircraft and the appropriate criteria with
respect to the type of aircraft, the Council could move forward and return
for a second reading in December. Council Member Foley supported
moving forward on this matter. Council Member Monahan and Mayor Pro
Tem Bever expressed reservations.
MOTION: Continue to January 2, 2007 Council meeting at 7:00 p.m.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric
Bever.
Council Member Foley stated she would support the motion. The
Mayor commented that he would like to take a chance to review the
information that was just received.
A public speaker expressed support for the ordinance and stated that the
new information Council received is biased and relates to an HSS internal
issue.
Council Member Monahan suggested staff review the $500,000 liability
insurance requirement.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
CONSENT CALENDAR ITEM
6. Amended_Agreeme_nt with the _Harbor Soar! ng_Soclety__(HSS),_Post
Office Box_ 1.673,_ Costa_Mesa,_for the use of a portion of Fairview Park
for flying radio—controlled model aircraft.
MOTION: Continue to January 2, 2007 Council meeting at 7:00 p.m.
Moved by Mayor Allan Mansoor, seconded by. Council Member Linda
Dixon.
Mayor Pro Tem Bever request the maker of the motion to include the item
as part of the Public Hearing for the proposed ordinance. It was agreed by
Mayor Mansoor and Council Member 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, Council
Member Gary Monahan
Noes: None.
Absent: None.
It was unanimously agreed to take New Business No. 1, regarding the Eastside
Traffic Study, out of order.
IX. NEW BUSINESS
1. 2006 Eastside Neighborhood Traffic Study_.
Council Member Dixon suggested that a town -hall meeting be held so that
the meeting could be advertised, the public could be noticed, and where
they would have an opportunity to attend and ask questions. Council
Member Monahan requested that staff send a detailed notice of specific
items to be discussed to the surrounding neighborhood, especially to the
area surrounding the intersections that are to be affected.
MOTION: Continue to a town -hall meeting, with detailed notices to be
sent to those surrounding the affected intersections.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
RECESS: The Mayor declared the meeting recessed at 9:27 p.m.
AFTER RECESS: The Mayor reconvened the meeting at 9:37 p.m.
The City Clerk announced that this was the time and place set for a public hearing
to consider:
S. PUBLIC HEARING: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA�APPROVING THE CLOSURE
IMPACT REPORT PREPARED FOR THE TROPIC TRAILER PORTS
MOBILEHOME PARK LOCATED AT 351 WEST BAY STREET. and
adopting homeowner relocation measures.
The Affidavit of Publication and Mailing are on file in the. City Clerk's Office.
Management Analyst Hilda Veturis summarized the agenda report and
responded to questions from the City Council.
Vickie Talley, Talley and Associates, prepared the Closure Impact
Report; stated that she would be available for questions; and
encouraged Council to adopt the resolution.
Anita Osnor, Costa Mesa, advised she rents a house on the property and
stated she has not received any notice of the park closure. She inquired
on a formal notice to vacate, deposit return, and free
rent if relocated before July 31 st.
Lily Rhoads, Costa Mesa, commented on the hardships of relocation and
having to start over again.
Thomas Vansyoc, Costa Mesa; advised he paid $38,000 for his mobile
home six months ago and reported it currently has no value due to the
park closure and is too old to relocate. He read a letter he wrote to the
Tropic Trailer Ports, expressing concerns relating to the compensation for
his displacement from the park.
Mike Hood, an attorney in Costa Mesa, expressed concern relating to the
options stated in the Voluntary Relocation Agreement.
Danny Reyes, Costa Mesa, stated he did not understand the agreement
and expressed he would like it translated in Spanish. He commented on
the storage of his Recreational Vehicle (RV) and the unfairness of -the
situation.
Susan Handel, Costa Mesa, advised that she would be needing to relocate
her home business; expressed confusion on the the compensation for
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the relocation of a mobile home versus a travel trailer and questioned the
space availability at the Tustin RV Park.
Public Speaker (name in audible), Costa Mesa, spoke about her housing
needs and requested assistance with finding a studio or one -bedroom
apartment.
Vickie Talley and Robert Evans, representative of Tropic Trailer
Ports, answered questions from the City Council relating to public
speakers comments, housing options, and noticing of park closure.
MOTION: Adopt Resolution No. 06-96, as amended by extending the
deadline for signing to December 5, 2006, as referenced in Option II
of Exhibit A.
Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric
Bever.
Mayor Mansoor commented this matter is being brought before Council
voluntarily and is not required; encouraged residents to work with Ms.
Talley and the Property Owner.
Council Member Dixon asked if the maker of the motion include that the
property owner work with the outstanding residents in regards to the
relocation costs. Ms. Talley responded that the owner would be willing to
extend a time period of 15 days for the signing of the voluntary relocation
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
VIII. OLD BUSINESS
1. From the meeting of__September 5,_2006,_Master Plan of Drainage Plan
Update: Adjusting new Drainage Impact Fees.
(a). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ADOPTING A REVISED DRAINAGE FEE FOR
THE CITY OF COSTA MESA.
Public Services Director William Morris and Senior Engineer Fariba
Fazeli summarized the agenda report and responded to questions from the
City Council.
Council Member Monahan commented that he favored Option No. 2, and
expressed he would like to see the increase spaced over three years, for
33 percent of the proposed amount each year, giving the Council the
option, at that time, the opportunity to increase it further based on
inflation. He felt that the increase over two years, as proposed, was "too
steep, to fast."
Mayor Mansoor agreeing with Option No. 2, suggested 50 percent of the
proposed amount be implemented with the remainder to be implemented a
year or two later.
Mayor Pro Tem Bever favored following the rate of inflation.
Paul Freeman, Segerstrom and Sons, commented that while he has no
objection in principle he was hopeful for a gradual implementation. He
advised that there is a question on the monies paid in the past for previous
developments and asked that any payment that may be due be at the
prevailing plus inflation and that only prospective developments have the
new adjusted fees applied.
The City Attorney confirmed that the proposed fee would be for
prospective developments and that the resolution would take effect
immediately, unless otherwise specified by the Council, as the ordinance
relative to this fee that was adopted in August was currently in effect.
Mayor Pro Tem Bever commented that he was comfortable to increasing
based on inflation as stated in Option No. 5, supporting a straight fee.
MOTION: Adopt Resolution No. 06-97 based on Option. No. 5 with
an adjustment fee based on the rate of inflation, phased over a two-year
period, starting with 50 percent of the proposed amount for the first year,
and increasing it to the full amount in the second year, with
an implementation date of February 1, 2007.
Moved by Mayor Pro Tem Eric Bever. Motion died for lack of second.
The Mayor made a motion to adopt Resolution No. 06-97 based on Option
No. 2 with an increase of 50 percent of what is listed in the Table, and
increase the remaining amount after one year. The motion was seconded
by Council Member Linda Dixon.
Council Member Monahan stated he agreed with the nexus of Option No.
2. He requested the maker of the motion to increase the remaining
amount after two years and include an implementation date of January 1,
2007. It was agreed to by Mayor Mansoor and Council Member Dixon.
The motion is as restated:
MOTION: Adopt Resolution No. 06-97 based on Option No. 2 with an
increase of 50 percent of what is listed in the Table, and increase the
remaining amount after two -years, and an implementation date of
January 1, 2007.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
X. REPORTS
City Attorney: Expense report relative to immigration issues.
City Attorney Kimberly Hall Barlow: Yes, thank you, Mr. Mayor.
Member Foley did request that we prepare for you and bring forward a
report identifying certain expenses. We have provided to you a copy of the
Costa Mesa Police Department memorandum dated March 27, 2006,
which spelled out some of the costs incurred as a result of some protests,
and additional costs incurred with respect to some Council. meetings. I
was also asked to compile information regarding attorneys' fees expended
concerning specific matters, and including advisement to you on
immigration -related matters, litigation services provided by my office
related to the lawsuit brought by Mr. Acosta, the City Prosecutor expenses
related to the prosecution for Mr. Acosta, and outside counsel expenses
for that civil litigation on Mr. Acosta. And that's what the first page of this
report is -- identifies each category of expenditures as requested by
Member Foley, and the total for your information. Council Member
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Katrina Foley: Would you please read the total?
City Attorney Kimberly Hall Barlow: Certainly. The total of attorneys'
fees on those four items was $58,652.50 from October of 2005 to ... through
October 2006. 1 believe the total on the ... police services from the memo of
March 27th was $44,042.72.
City Manager reported that the next regular meeting will be the certification
of the election results and reported that there will be a reception for
Council Member Monahan at City Hall.
XI. ADJOURNMENT - The Mayor declared the meeting adjourned at 11:23
p.m. The next regular meeting will be held on December 5, 2006.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa Mesa
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