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HomeMy WebLinkAbout03/01/2005 - City Council1 1 1 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. 1 1 r 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. 1 1 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