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HomeMy WebLinkAbout09/20/2004 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 20, 2004 The City Council of the City of Costa Mesa, California, met in regular session September 20, 2004, at 6:30 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 Council Member Scheafer, and a moment of solemn expression led by Pastor Dale Fitch, Church of the Nazarene, Light House of Costa Mesa. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Gary Monahan Mayor Pro Tem Allan Mansoor Council Member Chris Steel Council Member Mike Scheafer. Council Member Libby Cowan City Manager Allan Roeder Senior Deputy City Attorney Marianne Milligan Development Services Director Donald Lamm Public Services Director William Morris Assistant City Manager Steve Hayman Police Captain Tom Warnack Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Steel, seconded by Council September 7, and Member Scheafer, and carried 4-0, Council Member Cowan September 13, 2004 absent, the minutes of the regular meeting of September 7, 2004, and the special meeting of September 13, 2004, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Mansoor, seconded by RESOLUTIONS Council Member Steel, and carried 4-0, to read all ordinances and resolutions by title only. Sandy Genis, Costa Mesa, commented that the public was not privy to information which is received by Council at the last minute prior to the Council meeting, and suggested that ordinances receive a reading in full to ensure that "we are all on the same page." Mayor Monahan replied that the Acting City Attorney had previously addressed the section in the Government Code which provides for ordinances and resolutions to be read by title only, confirmed that this is the proper procedure, and stated that the alternative which is to read each document word for word would considerably delay the process. He further commented that the agenda reports distributed to the public were identical to those received by Council, recognizing that occasionally a supplemental report is submitted prior to the meeting. PRESENTATION Mayor Monahan congratulated Del Heintz on receiving the Mayor's Mayor's Award Award for September, 2004. He commended Mr. Heintz for his outstanding volunteer service and devotion of time to organizations including the Orange Coast College Foundation, Costa Mesa Senior Center Corporation, Costa Mesa Chamber of Commerce, and Vanguard University Foundation, and recognized the effort made by Mr. Heintz- to balance professional and volunteer commitments with family life. ANNOUNCEMENT Mayor Monahan announced that Council Member Cowan, who Public Hearing No. 2, was not in attendance, had been involved. in refining the ordinance Temporary Signs for for Public Hearing No. 2, an ordinance amending Title 13 of the City -Sponsored Events Costa Mesa Municipal Code regarding the use of temporary signs for City -sponsored events on public baseball and softball fields, and suggested that the item be continued until the next meeting when she would be in attendance. MOTION/Approved A motion was made by Mayor Monahan, seconded by Mayor Pro Taking Out of Order Tem Mansoor, and carried 4-0, to take Public Hearing No. 2 out of order. MOTION/Continued A motion was made by Mayor Monahan, seconded by Mayor Pro Public Hearing No. 2 Tem Mansoor, and carried 4-0, to- continue Public Hearing No. 2 to to October 4, 2004 the meeting of October 4, 2004. PUBLIC COMMENT Rich Reiser, Newport Beach, reiterated his request that the Costa Pedestrian Safety Mesa Police Department enforce Vehicle Code Sections 21950(a) and Vehicle . Code 21953, which address the protection of pedestrians on the sidewalk. Millard Comments Martin Millard, Costa Mesa, observed that the quality of life of Costa Mesa citizens is dependent on decisions made by the City Council. He advised that Costa Mesa has the highest crime rate, the lowest median home prices, lowest education levels, and median household incomes than all of the surrounding cities except Santa Ana. He addressed the numerous charities, and observed that the City is overflowing with industrial buildings, gangs, illegal aliens, failing schools, and halfway houses. Gisler Avenue Bike Dave Sperling, Costa Mesa, indicated that he resides on Gisler Lane Avenue adjacent to where the City is intending to extend the bike lane. He asked to be involved in the development of the project citing additional issues which need to be addressed simultaneously such as the traffic on Gisler Avenue. He inquired why the speed monitors which are moved to different locations throughout the City do not contain a memory element which would pinpoint troubled areas. Mayor Monahan asked the Public Services Director to . contact Mr. Sperling regarding the Gisler Avenue Bike Trail, and advised Mr. Sperling that he would receive a report from staff regarding the speed monitors. Israel Comments Igal Israel, Costa Mesa, complained that the "contracting out" of the City Attorney's office, discussed at the meeting of September 7, 2004, was not addressed until 11:30 p.m. He advised that he is a general contractor and believed that outsourcing is not always cost effective. He felt that the City's litigation problems were a result of not adhering to the government code. Mr. Israel asked if the City has a valid ordinance which covers "paying off large sums of money in settlements". Talbert Regional Park Robert Graham, Costa Mesa, reported that the contract for maintaining the grassy area in Talbert Regional Park expires in January, 2005, and the County does not plan to renew. He encouraged Council to provide adequate access to the park, as well as to the adjacent Fairview Park, by adding the lower parking lot, and supported the addition of bicycle trails in the park. Underground Utilities Sandy Genis, Costa Mesa, commented that handicap access in Fairview Park needs improvement. She commented on pine trees in her neighborhood which are growing into the overhead powerlines, and encouraged Council to consider undergrounding the utilities in Mesa Verde. Mayor Pro Tem Mansoor replied that relocating utilities underground had been discussed at a recent Council study session, and advised that he supports this action Citywide. The City Manager reported that staff is working with Southern California Edison Company, and noted that creating multiple underground utility districts for the entire City is an enormous undertaking. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 11, TeWinkle Park Skate Park, Project No. 04-19. MOTION/Approved On motion by Council Member Steel, seconded by Council Except Item No. 11 Member Scheafer, and carried 4-0, the remaining Consent Calendar items were approved as recommended. READING.FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Linda Boyd; Paul Errington (representing Minnie Rubalcava); Stacy Farinich; James Loughery; Masry & Vititoe Law Offices (representing John V. Grazulis); William Olivera; and Richard Stanford. Alcoholic Beverage Request for Alcoholic Beverage Control License from The Control Licenses Wrapper, 3333 Bristol Street, (located inside the South Coast Plaza building) for a premises -to -premises (suite -to -suite) transfer of an existing Type 20 ABC license (off -.sale beer and wine). Public Utilities Southern California Edison Company filed Motion to Commission Supplement Application No. A.04-07-012 with the Public Utilities Commission regarding low income assistance programs for Program Year 2005 (U -338-E). Southern California Edison Company filed Rate Application A. 04-08-008 with the Public Utilities Commission requesting a rate increase beginning January 1, 2005. The following warrants were approved: WARRANTS Warrant Resolution 2022, funding City operating expenses for Approved Warrant $776,314.99. 2022 Warrant Resolution 2023, funding Payroll No. 419 for Approved Warrant $1,908,665.29, Payroll No. 418A for negative $1,413.75, and 2023/Payroll 419 and City, operating expenses for $470,309.63, including payroll . 418A deductions. An agreement was approved with KFM Engineering, 26672 Towne ADMINISTRATIVE Center Drive, Suite 300, Foothill Ranch, for $84,470.00, for ACTIONS/Approved engineering services to design landscaped medians on Placentia Agreement with KFM Avenue from 16th Street to Wilson Street, and the Mayor and for Placentia Median Deputy City Clerk were authorized to sign on behalf of the City. Design , An appropriation of $30,946.00 in grant funds was accepted from Accepted Grant Funds the California Beverage Container Recycling and Litter Reduction for FY 2004-05; and Grant for Fiscal Year 2004-2005, for the City's participation and Approved Budget promotion of the beverage container recycling program; and Adjustment No. 05-015 Budget Adjustment No. 05-015 was approved for $30,946.00. Accepted Grant Funds An appropriation of $350,000.00 in grant funds was accepted from for Fire Drill Facilities; Rancho Santiago Community College to build a two-story, steel Approved No. 05-009 training tower at the Fire Drill Facilities; Budget Adjustment No. 05 - Approved Agreement 009 was approved for $350,000.00; an agreement was approved with Rancho Santiago between the City of Costa Mesa Fire Department and Rancho Community College Santiago Community College District, for certain improvements and lease of Fire Drill facilities located at 2300 Placentia Avenue, Costa Mesa, for vocational training purposes, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work for Rehabilitation of Streets Citywide, Project No. 03-17, was Citywide Street Reha- completed to the satisfaction of the Public Services Director on bilitation, Project No. August 3, 2004, by R.J. Noble Company,..15505 East Lincoln 03-17, by R. J. Noble Avenue, Orange. The work was 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. Accepted Work for Roadway Rehabilitation of Bristol Street from Bear Street to Roadway Rehabilita- Randolph Avenue, and Bear Street from Baker Street to Paularino tion of Bristol and Bear Avenue, Federal Projects Nos. STPL-5312 (045) and (044), Project Streets, Project No. No. 03-25, was completed to the satisfaction of the Public Services 03-25 by R..J. Noble Director on August 20 , 2004, by R.J. Noble Company, 15505 East Lincoln Avenue, Orange. The work was 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. Accepted Work for Construction of Site Improvements at Hamilton Street Community Hamilton Street Com- Garden, 523 Hamilton Street, Project No. 03-28, were completed munity Garden, Project to the satisfaction of the Public Services Director on July 22, 2004, No. 03-28, by L H by Paul H. Lee, doing business as L H Engineering Company, 708 Engineering North Valley Street, Suite Q, Anaheim. The .work was 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 12 months thereafter. Approved Extension An extension of term for the Fairview Park Plan Administrator of Fairview Park Plan position was approved through June 30, 2008, and staff was Administrator Term directed to provide, information as part of Fiscal Year 2008-2009 budget deliberations, outlining the status of the Fairview Park improvements, and to make a recommendation on the disposition of the Fairview Park Plan Administrator position. TeWinkle Skate Park, Item No. 11 on the Consent Calendar was presented: TeWinkle Project No. 04-18 Park Skate Park, Project No. 04-19. Patricia Allen, Huntington Beach, representing the Costa Mesa Bark Park Foundation, addressed the contract for the Skate Park, advising Council to. examine the bid documents to ascertain why only one bid was received. Mayor Monahan responded that the field is specialized, Channel Islands Paving was withdrawing their bid proposal, and that the 'City was interested in having the subcontractor, who was originally scheduled to perform 80 percent of the work, become the general contractor. He added that the subcontractor has completed skate parks in the area and is highly 1 1 1 recommended by the skate community and the contracting community. MOTION/Approved On motion by Council Member - Steel, seconded by Council Withdrawal Member Scheafer, and carried 4-0, withdrawal of bid proposal submitted by Channel Islands Paving, Inc., was approved MOTION/Gave On motion by Council Member Scheafer, seconded by Mayor Directions to Staff Monahan, and carried 3-1, Council Member Steel. voting no, staff to Negotiate was authorized to negotiate a contract with a qualified contractor within the existing budgeted amount. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place COPS/SLESF set for the public hearing to consider recommended allocation of funds for the 2004-2005 Citizen's Option for Public Safety/ Supplemental Law Enforcements Services Fund (COPS/SLESF). The Affidavit of Publication is on file in the City Clerks office. No .communications were received. The Police Captain reviewed the Agenda Report dated August 25, 2004. . . There being no speakers, the Mayor closed the public hearing. MOTION/Approved On motion by Mayor Pro Tem Mansoor, seconded by Council Allocations Member Steel, and carried 4-0, the recommended allocations were approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 16, "Resident Only" 2004, consideration of "resident only" permit parking issues on Parking Columbia Drive, Wake Forest Road, Amherst Place, Tulane Place, Dartmouth Place, Rutgers Drive and Fordham Drive. MOTION/Continued On motion by Mayor Pro Tem Mansoor, seconded by Council to November 15, 2004 Member Scheafer, and carried 4-0, this item was continued to the meeting of November 15, 2004, and staff was directed to notify all affected residents and interested parties of the schedule change. NEW BUSINESS The Deputy City Clerk presented an ordinance amending the list of Conflict of Interest designated employees in the City's Conflict_ of Interest Code. The Code Senior Deputy City Attorney summarized the Agenda Report dated August 27, 2004. _ Martin Millard, Costa Mesa, addressing= a --recent occurrence wherein Council Member Scheafer had abstaihed from voting on an item due to a potential conflict of interest, -asked for clarification. Council Member Scheafer replied that the Acting -'City Attorney had since determined that a conflict of interest relating to his business interests does not exist. MOTION/Gave On motion by Mayor Pro Tem Mansoor, seconded by Council Ordinance 04-10 Member Steel, and carried 4-0, Ordinance 04-10 was given first First Reading reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER X OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE REVISING THE LIST OF DESIGNATED POSITIONS FOR THE CITY'S CONFLICT OF INTEREST CODE. Second reading and adoption are scheduled for the meeting of October 4, 2004. NEW BUSINESS State Proposition 1A The Deputy City Clerk presented State Proposition 1A, Local Taxpayers and Public Safety Services Protection Agreement. The Assistant City Manager reviewed the Agenda Report dated September 1, 2004. He clarified that the proposition would restrict the ability of the State Legislature to arbitrarily take local government funding, including local government share of existing sales tax, property tax, and vehicle license fee revenues. The City Manager added that it is imperative that the public be well informed about this measure which is critical to the financial well-being of the City. He added that the League of California Cities has taken the position that Proposition 1A protects local government public safety, healthcare and other services as well as prevents the State from taking local funds. Council Member Steel pointed out that official proponents of' Proposition 65, a similar measure, now support Proposition 1A. Mayor Pro Tem Mansoor stressed the importance of passing Proposition 1A and opposing Proposition 65. Council Member Scheafer encouraged voters to take a stand in support of Proposition 1A. Terry Shaw, Costa Mesa, and Sam Clark, Costa Mesa, spoke in MOTION/Adopted support of Proposition 1A. Resolution 04-57 On motion by Council Member Scheafer, seconded by Council Member Steel, and carried 4-0, Resolution 04-57 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING PROPOSITION 1A, LOCAL TAXPAYERS AND PUBLIC SAFETY SERVICES PROTECTION COUNCIL AGREEMENT. COMMENTS Council Member Steel encouraged voters to support Proposition ADJOURNMENT 1A. The Mayor declared the meeting adjourned at 7:35 p.m. Mayor of the City of Costa Mesa ATTEST: De y City-Cler- of the City of Costa Mesa 1 1 1