HomeMy WebLinkAbout03/01/2005 - City Council1
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REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
MARCH 1, 2005
The City Council of the City of Costa Mesa, California, met in
regular session March 1, 2005, at 6:33 p.m., in the Council
Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting
was called to order by the Mayor, followed by the Pledge of
Allegiance to the Flag led by Mayor Mansoor, and a moment of
solemn expression led by Pastor Bill Gartner, Harbor Christian
Fellowship Church.
ROLL CALL Council Members Present
Council Members Absent:
Mayor Allan Mansoor
Mayor Pro Tem Gary Monahan
(arrived at 7:23 p.m.)
Council Member Eric Bever
Council Member Linda Dixon
Council Member Katrina. Foley
None
Officials Present: City Manager Allan Roeder
Assistant City Manager
Steve Hayman
City Attorney Kimberly Hall
Barlow
Development Services Director
Donald Lamm
Public Services Director
William Morris
Administrative Services
Director Steve Mandoki
Recreation Manager
Jana Ransom
Principal Planner Kimberly Brandt
,M.I.S. Manager Richard Kirkbride
Finance Director Marc Puckett
Deputy City Clerk Julie Folcik
PRESENTATION Bridgett McCoy, a representative of Mother's Against Drunk Driving
MADD Deuce Awards (MADD), introduced Sergeant Richard Allum, the Executive Vice
and Recognition President of the Orange County Chapter of MADD, to present
Deuce Awards. He presented awards to the following individuals
and recognized them for their efforts in keeping Costa Mesa
streets safer: Officer Jose Rene Torres, Officer Shawn Leffingwell,
Officer Dennis Dickens, Officer Chris Walk, Officer Jeff McCann,
Officer Michael Manson, Officer Chris Metropolis, and Officer John
Elliott.
PRESENTATION The City Manager introduced the employee recognition program
Employee Service for City employees with 25, 30, and 35 years of service to the City;
Recognition and announced that at 9:30 a.m., March 15, 2005, at the
Neighborhood Community Center, the City would be conducting
the employee service recognition awards, where members of staff
would be recognized for their 5, 10, 15, 20, 25, and 30 years of
service. Police Chief John Hensley congratulated Meloni
McMinimy, Community Service Specialist, for her 30 years of
service, Sergeant Jack Archer and Lieutenant Ron Smith for 25
years of service. The Public Services Director congratulated Ve
Tran, Assistant Engineer, for 25 years of service; Paul Lewis, Lead
Maintenance Mechanic, Bill McLean, Senior Maintenance Worker,
and Jerry Vasquez, Maintenance Supervisor, for 30 years of
service. The Administrative Services Director congratulated Thanh
Bui, Systems and Programming Supervisor, for 25 years of
service. Mayor Mansoor congratulated Mayor Pro Tem Monahan
on 10 years of service.
PRESENTATION Arlene Schafer, Chairman of the Redevelopment & Residential
3R Committee Status Rehabilitation (3R) Committee reviewed the Committee history,
membership, and purpose, noting that the Committee serves as an
advisory body to the City Council/Redevelopment Agency. Bill
Turpit, Vice Chairman, highlighted some of the Committee's
activities. The committee annually reviews on the bi-annual
Neighbors for Neighbors Program; reviews and comments on
capital improvement projects and code enforcement in the
Community Development Block Grant (CDBG) target areas;
reviews and comments on the Homeowner Rehabilitation Loan
Program and the Affordable Housing Program utilizing Home
Investment Partnership Act (HOME) funds; annually reviews and
comments on the First-time Homebuyer Program, and the Rental
Rehabilitation Loan Program; and reviews the five year
consolidated plan, that addresses the issues of affordable housing
and elimination of blight in the City.
PUBLIC COMMENT There were no speakers.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item No. 4, Costa Mesa Police Facility Basement Renovation,
Project No. 04-26; Item No. 5, Asbestos Abatement at Costa Mesa
Police Facility Basement, Project No. 04-27; Item No. 6, Renewal
of the Support Agreement, pursuant to the terms of the License
Agreement, with PeopleSoft USA, Inc.; Item No. 7, Agreement with
MTSI, Inc., to provide temporary staffing for the Management
Information Systems Division; and Item No. 10, Fiscal Year 2004-
2005 Mid -Year Budget Report.
MOTION/Approved On motion by Mayor Mansoor, seconded by Council Member
Except Items Nos. 4, Foley, and carried 4-0, Mayor Pro Tem Monahan absent, the
5, 6, 7 and 10 remaining Consent Calendar items were approved as
recommended.
READING FOLDER
WARRANTS
Approved Warrant
2046
The following Reading Folder items were received and processed:
Claims received by the Deputy
Snow Luong; Maria S. Ramirez;
and Mostafa Zomorodi.
City Clerk: Jayne Ann Guerra;
Steve Stafford; Robert M. Stirrat;
The following warrants were approved:
Warrant Resolution 2032, funding City operating expenses for
$489,496.60.
ADMINISTRATIVE Roadway Rehabilitation of 17th Street from West of Superior
ACTIONS/Accepted Avenue to Placentia Avenue (Project A) and from Fullerton Avenue
Work for Completion of to Orange Avenue (Project B), Federal Project Nos. STPL-5312
Roadway (047) and (043), City Project No. 03-24, was completed to the
Rehabilitation of 17th satisfaction of the Public Services Director on November 20, 2004,
Street by, All American by All American Asphalt, P.O. Box 229, Corona. The work was
Asphalt accepted; The Deputy 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
exonerated 7 months thereafter; and the Performance Bond was
ordered exonerated 6 months thereafter.
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Accepted Work for Hamilton Street Rehabilitation from Placentia Avenue to Pomona
Completion of Avenue, and Storm Drain Improvements on Wallace Avenue and
Hamilton Street Hamilton Street (Project A); and Bernard Street Rehabilitation from
Rehabilitation and Maple Avenue to Harbor Boulevard (Project B), Project No. 04-09,
Storm Drain was completion to the satisfaction of the Public Services Director
Improvements (Project on November 23, 2004, by Sialic Contractors Corporation, d.b.a.
A); and Bernard Street Shawnan, 12240 Woodruff Avenue, Downey. The work was
Rehabilitation (Project accepted; The Deputy City Clerk was authorized to file a Notice of
B), by Sialic Completion; authorization was given to release retention monies
Contractors 35 days thereafter; the Labor and Material Bond was ordered
Corporation exonerated 7 months thereafter; and the Performance Bond was
ordered exonerated 6 months thereafter.
Received and Filed The 2005 Annual Report (third edition), an annual review of the
2005 Annual Report Costa,Mesa 2000 General Plan, was received and filed.
Agreement with Item No. 4 on the Consent Calendar was presented: Costa Mesa
Pardess Air, Inc. for Police Facility Basement Renovation, Project No. 04-26, award of
Police Facility contract to Pardess Air, Inc. 1769 Kelton Avenue, Los Angeles, for
Basement Renovation $310,000.00 (base bid only); Budget Adjustment No. 05-065, for
$85,000.00; and Budget Adjustment No. 05-066, for $50,650.00.
In response to a question from Council Member Foley, Captain
Tom Warnack reported that the renovation would be an
enlargement of the women's locker room and would tie into the
proposed basement renovation. Council Member Foley suggested
consideration of alternative modes of funding In an effort to move
forward with the renovation, the City Manager reported the project
had been postponed for approximately five years, due to design
changes, increased construction costs, and financial constraints,
but that it would be an item for discussion in the proposed Fiscal
Year 2005-2006 budget.
MOTION/Approved On motion by Mayor Mansoor, seconded by Council Member
Agreement with Dixon, and carried 4-0, the agreement with Pardess Air, Inc. 1769
Pardess Air, Inc. Kelton Avenue, Los Angeles, for $310,000.00 (base bid only), was
approved for Costa Mesa Police Facility Basement Renovation,
Project No. 04-26, and the Mayor and Deputy City Clerk were
authorized to sign on behalf of the City.
MOTION/Approved On motion by Mayor Mansoor, seconded by Council Member
Budget Adjustment No. Dixon, and carried 4-0, Budget Adjustment No. 05-065 for
05-065 $85,000.00, was approved and authorization was given for the City
Manager to sign.
MOTION/Approved On motion by Mayor Mansoor, seconded by Council Member
Budget Adjustment No. Dixon, and carried 4-0, Budget Adjustment No. 05-066 for
05-066 $50,650.00, was approved and authorization was given for the City
Manager to sign.
Asbestos Abatement Item No. 5 on the Consent Calendar was presented: Asbestos
at Police Facility, Abatement at Costa Mesa Police Facility Basement, Project No.
Project. 04-27 04-27.
MOTION/Authorized On motion by Mayor Mansoor, seconded by Council Member
Staff to Negotiate a Dixon, and carried 4-0, to authorize staff to negotiate a contract
Contract for Asbestos with a qualified asbestos abatement contractor for a total amount
Abatement not to exceed $18,000.00; and authorization was given for the City
Manager to sign the agreement.
Renewal Agreement Item No. 6 on the Consent Calendar was presented: Renewal of
with PeopleSoft USA, the Support Agreement, pursuant to the terms of the License
Agreement, with PeopleSoft USA, Inc., Dept. CH10699, Palatine,
Illinois, for $131,224.78, including tax, effective March 19, 2005,
through March 18, 2006. The M.I.S. Manager responded to
questions from Council. In response to a question regarding the
term of the contract, he recommended against a multi-year
agreement, as Oracle recently acquired PeopleSoft, and stated
that the future of the software product was unknown.
Beth Refakes, Costa Mesa, expressed concern of whether Oracle
would support PeopleSoft products in the future; and with a long
term contract she felt that the City would not be able to move
technologically forward and remain competitive. She also
suggested Council consider the contracting of payroll services.
(Mayor Pro Tem Monahan entered the chambers at 7:20 p.m.)
MOTION/Approved On motion by Council Member Bever, seconded by Council
Renewal of the Member Dixon, and carried 5-0, to approve the renewal of the
Support Agreement Support Agreement, pursuant to the terms of the License
with PeopleSoft USA, Agreement, with PeopleSoft USA, Inc., for $131,224.78, including
Inc. tax, effective March 19, 2005, through March 18, 2006; and
authorization was given for the City Manager to sign.
Agreement with MTSI, Item No. 7 on the Consent Calendar was presented: Agreement
Inc. to Provide with MTSI, Inc., 145 South State College Blvd., Suite 180, Brea, in
Temporary Staffing for an amount not to exceed $50,000.00, to provide temporary staffing
the MIS Division for the management Information Systems Division to provide
continued technical support necessary to maintain the existing
infrastructure and avoid costly delays to City computer projects.
To Council Member Foley's inquiry as to the difficulty in filling the
position, the M.I.S. Manager reported that suggestions have been
made in terms of changing the recruitment approach, but that the
difficulty lies in finding candidates that can qualify for the public
safety environment with the stringent requirements and
background checks.
MOTION/Approved On motion by Mayor Mansoor, seconded by Council Member
Agreement with MTSI, Dixon, and carried 5-0, to approve a professional services
Inc. for Temporary agreement with MTSI, Inc. 145 South State College Boulevard,
Staffing for the MIS Suite 180, Brea, in an amount not to exceed $50,000.00, to
Division provide temporary staffing for the Management Information
Systems Division to provide continued technical support necessary
to maintain the existing infrastructure.
Fiscal Year 2004-2005 Item No. 10 on the Consent Calendar was presented: Fiscal Year
Mid -Year Budget 2004-2005 Mid -Year Budget Report, and Budget Adjustment No.
Report 05-056 for $2,752,700.00. The Finance Director responded to
questions from Council.
MOTION/Received A motion was made by Council Member Dixon, seconded by
and Filed Fiscal Year Council Member Bever, and carried 5-0, to receive and file the
2004-2005 Mid -Year Fiscal Year 2004-2005 Mid -Year Budget Report; to approve
Budget Report and Budget Adjustment No. 05-056 for $2,752,700.00, and
Approved Budget authorization was given for the City Manager to sign. .
Adjustment No. 05-
056.
PUBLIC HEARING/ The Deputy City Clerk announced that this is the time and place
Resolution set for the public hearing to consider a resolution establishing and
Establishing Rates, adopting schedules ' of rates, fees, and charges for Fiscal Year
Fees and Charges for 2004-2005 for services provided by the City of Costa Mesa's
Services by Development Services/Fire/Public Services Departments. The
Development Services/ Affidavits of Publishing and Mailing are on file in the City Clerk's
Fire/Police/Public office. The Finance Director reviewed the Agenda report dated
Safety Departments February 9, 2005. He noted that all the fees would become
effective immediately upon adoption of the resolution, with the
exception of the development fees, which would become effective
60 days after adoption.
Council Member Bever noted that in comparison with other cities,
Costa Mesa service costs are still below the majority of the cities,
and commended the Development Services department for their
efficiency.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Mayor
Resolution 05-9 Mansoor, and carried 5-0, Resolution 05-9 was adopted: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ESTABLISHING AND ADOPTING
SCHEDULES OF RATES, FEES, AND CHARGES, FOR FISCAL
YEAR 2004-2005 FOR SERVICES PROVIDED BY THE CITY OF
COSTA MESA'S DEVELOPMENT SERVICES, POLICE, PUBLIC
SERVICES AND FIRE DEPARTMENTS; and further reading of the
text was waived.
PUBLIC HEARING/ The Deputy City Clerk announced that this is the time and place
Resolution Amending set for the public hearing to consider a resolution amending the
Residential Guidelines residential design guidelines to revise sections to reflect recent
zoning amendments. Environmental determination: exempt. The
Affidavits of Publishing and Mailing are on file in the City Clerk's
office. A communication was received from Doyle C. Forth
encouraging Council to reconsider the design guidelines. The
Principal Planner reviewed the Agenda report dated ,February 15,
2005, and answered questions from Council.
Doyle Forth, contractor representing a homeowner, Mike Guyot,
encouraged Council to consider abolishing the two-story 10 foot
set -back rule for second story remodeling projects, and expressed
his difficulty in abiding with the design review guidelines. -
Mike Guyot, Costa Mesa, agreeing with comments made by Mr.
Forth, encouraged Council to re-evaluate the design guidelines.
He advised that his neighbors were in support of his project, felt
that the remodel would add value to his home and the
neighborhood, but that the proposed guidelines regarding the 10
foot set -back requirement on second stories was a difficult
requirement for existing homes.
Mayor Pro Tem Monahan concurred, regarding the difficulty in
abiding with the 10 foot set -back rule for remodeling of second
stories. He proposed amending the resolution to include adding to
Residential Design Guidelines Section 5, Second -Story Side
Setback, Subsection d., "Second -story additions to existing
residences with current side yard setbacks that are less than 10
feet; provided that the current width of the side yard is not further
decreased. A minimum 5 -foot setback shall be required." He
distributed this proposed amendment to Council and the Deputy
City Clerk.
Council Member Foley and Council Member Dixon expressed
concern about taking action without further information on the
additions proposed by Mayor Pro Tem Monahan and requested
additional time for review, suggesting continuance to March 15,
2005.
The Principal Planner clarified that if an application were submitted
that does not meet the 10 foot set -back guideline, the applicant
would have to proceed with a minor design review. She noted that
approximately 50 percent of the applications submitted last year,
complied with the 10 foot set -back average.
MOTION/To Continue A motion was made by Council Member Foley, seconded by
to March 15, 2005 Council Member Dixon to continue to the regular meeting of March
15, 2005.
Council Member Dixon inquired as to the practice of other cities in
this regard. The Principal Planner reported that extensive research
had been done to determine how other cities handled new
additions in existing neighborhoods, and indicated that the solution
varied from city to city.
SUBSTITUTE A substitute motion was made by Council Member Bever,
MOTION/To Adopt seconded by Mayor Pro Tem Monahan, and carried 3-2, Council
Resolution No. 05-10 Member Foley and Council Member Dixon voting no, to adopt
with the Addition of Resolution 05-10: A RESOLUTION OF THE CITY COUNCIL OF
Subsection D THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE
RESIDENTIAL . DESIGN GUIDELINES, adding to Residential
Design Guidelines Section 5, Second -Story Side Setback,
Subsection d., "Second -story additions to existing residences with
current side yard setbacks that are less than 10 feet; provided that
the current width of the side yard is not further decreased. A
minimum 5 -foot setback shall be required".
There being no objection, the resolution was read by title only and
further reading of the text was waived.
NEW BUSINESS/ The Deputy City Clerk presented a proposal for $100,000.00 net
Proposal for change to Fiscal Year 2004-2005 Recreation Division Budget. The
$100,000.00 to Fiscal Recreation Manager reviewed the Agenda report dated February
Year 2004-2005 17, 2005, and answered questions from Council.
Recreation Division
Budget Council Member Bever inquired as to the heaviest period of
recreation. The Recreation Manager responded that those factors
are dependent on the programs; indicated that some programs,
such as field use, are year-round programs; that the day -camp
program is a summer program; and that the early childhood
program is a school year program.
Council Member Bever proposed that staff review possibilities of
further budget cuts of approximately $250,000.00. He stated that
upon review of the mid -year budget to actual analysis, he was
impressed with all the departments functioning under budget and
commended staff.
The City Manager pointed out that Recreation budgets for full-time
positions for the entire year and that issues such as turn -over,
retirement, and temporary staffing must also be considered. He
noted that budgets in regards to part-time positions vary according
to activity, season, and class size.
Martin Millard, Costa Mesa, related his experience with the
Recreation Division where he alleges, he was denied public
information and felt that more funding could be cut from the
division.
Beth Refakes, Costa Mesa, felt that tendencies to over budget are
common in anticipation of cuts.
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The City Manager pointed out that outside factors, such as
weather, also need to be taken into consideration when reviewing
the budget to actual analysis.
MOTION/Directed A motion was made by Mayor Mansoor, seconded by Council
Redistribution of Member Dixon, and carried 4-1, Council Member Bever voting no,
$100,000.00 to Fund directing staff to redistribute the $100,000.00 from the Fiscal Year
Balance and Eliminate 2004-2005 Recreation Division budget to "fund balance", and to
Birthday Party eliminate the Birthday Party Program.
Program
CITY ATTORNEY'S The City Attorney reported that while a full report would be
REPORT/Update on provided to Council, in the case of Brandt vs. Costa Mesa, a ruling
Litigation Matters was given in favor of the City, which will receive $85,000.00 in
attorney's fees.
STAFF COMMENTS The City Manager .advised that the City Council Study Session
scheduled for Tuesday, March 8, 2005, would be cancelled. A
presentation on the Central Library concept by Dan Worthington
and Costa Mesa Friends Library, needed to be rescheduled as he
would not be able to attend and that there were no other items
pending for the study session nor before the Costa Mesa
Redevelopment Agency.
COUNCIL The City Manager congratulated Mayor Pro Tem Monahan for his
COMMENTS ten years of service and presented him with a City pin.
Council Member Dixon announced that Saturday, March 5, 2005,
would be opening day for the American Little League, wished them
luck and thanked the parents and volunteers involved. She noted
a request made to the City Manager for Trinity Broadcasting
Network (TBN) to be placed on the Planning Commission Agenda,
requesting a review of the Conditional Use Permit (CUP).
Mayor Pro Tem Monahan noted a request he made to the City
Manager for a review of the Job Center to be placed on a future
Agenda, and also requested a review of the two mobile recreation
programs.
ADJOURNMENT Mayor Mansoor congratulated Mayor Pro Tem Monahan on his ten
years of service and dedication.
The Mayor declared the meeting adjourned at 8:42 p.m.
Mayor of the City of Costa Mesa
ATTEST:
City Cferk of the City of Costa Mesa