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Home My WebLink About- - Agenda - 1/19/2010City of Costa Mesa Council Agenda TUESDAY, JANUARY 19, 2010 Allan R. Mansoor Mayor Wendy Leece Mayor Pro Tem Eric Bever Council Member City Attorney Kimberly Hall Barlow Acting Development Services Public Services Director Director Peter Naghavi Kimberly Brandt Katrina Foley Council Member Gary Monahan Council Member City Manager Allan Roeder City Clerk Julie Folcik Council Chambers, 77 Fair Drive 5:00 p.m. — Closed Session and 6:00 p.m. — Council Meeting TIME LIMIT FOR CITY COUNCIL MEETINGS: Except by majority vote of the City Council to continue, meetings shall conclude at midnight. If there is unfinished business on the Agenda, those items will be continued to the next regularly scheduled City Council meeting, pursuant to Resolution No. 05-8. Welcome to the City Council Meeting Your attendance at this public meeting is valued and appreciated. The following City codes, guidelines, and reminders are provided for your information: 1. In accordance with Costa Mesa Municipal Code, Sec. 2-64 (1): No person in the audience shall "engage in disorderly, disruptive, disturbing, delaying or boisterous conduct including but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which may disrupt the peace and good order of the Council proceedings." 2. All cell phones and pagers are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 3. In accordance with City Council Policy 000-11, and among other requirements, any video submitted for display at a public meeting must have been previously reviewed by staff to verify appropriateness for general audiences. A copy of this policy is available at City Hall during normal office hours. City Council Agenda — January 19, 2010 4. Please use the podiums on either side of the dais to speak to the City Council. Direct all verbal communications, requests, and/or questions to the Mayor. 5. Any written communications, pictures, etc., to be provided to the Council should be directed to the City Clerk. Any exhibits to be displayed on the overhead screen may be given to the appropriate staff member. NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (714) 754-5225. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title ll]. CLOSED SESSION 5:00 P.M. At the conclusion of the Public Comment, the City Council will recess to Conference Room 1 B for Closed Session. Please note that if there are not any closed session items listed, City Council will convene at its regular meeting time of 6:00 p.m. ROLL CALL II PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given three (3) minutes to speak. III CLOSED SESSION: 1. Conference with Legal Counsel — Pending Litigation: Morton v. City of Costa Mesa; Orange County Superior Court Case Number 06CC09363, pursuant to Government Code Section 54956.9(a). 2. Conference with Legal Counsel — Potential Litigation: Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (one case). 3. Conference with Real Property Negotiators — Property: 88 Fair Drive. Agency Negotiator: Allan Roeder, City Manager. Negotiating parties: State of California, Under negotiation: price, terms of payment. Pursuant to Government Code Section 54956.8. 2 City Council Agenda - January 19, 2010 RECESS TO STUDY SESSION: The Council will recess to and convene an Agenda Review Study Session beginning at 5:30 p.m. in Conference Room 1-A of City Hall. The public is welcome to attend and offer comment. Pursuant to Resolution No. 07-80, each member of the public will be given an opportunity to speak for two (2) minutes on Study Session agenda items. A maximum overall time of (15) minutes will be permitted for public comment. Note that no action may be taken by the City Council prior to the 6:00 p.m. meeting. RECONVENE REGULAR MEETING REGULAR CITY COUNCIL AGENDA 6:00 p.m. PLEDGE OF ALLEGIANCE O.W. "Bob" Bankston, U.S. Navy (Retired), World War II and Pearl Harbor Veteran MOMENT OF SOLEMN Pastor Mark Wiley, Mesa Verde United Methodist Church EXPRESSION [Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The Council disclaims any intent to endorse or sponsor the views of any speaker. Interested presenters, please contact the City Clerk's office.] :to] I IKOY_144 CLOSED SESSION REPORT PRESENTATIONS Wyndham Sister City Education Exchange Program Miocean Foundation - WHALES Education Program at Costa Mesa High School SPEAKERS: PLEASE PRINT YOUR NAME AND ADDRESS (Optional) ON THE SPEAKER FORM(S) AND PRESENT TO THE CITY CLERK PRIOR TO THE ITEM. PLEASE NOTE: ➢ YELLOW FORM IS FOR PUBLIC COMMENTS — TOPICS NOT ON THE AGENDA. ➢ GREEN FORM IS FOR AGENDA ITEMS. PLEASE FILL OUT FOR EACH AGENDA ITEM YOU WISH TO ADDRESS. N City Council Agenda — January 19, 2010 IV PUBLIC COMMENTS: To ensure fair and equal treatment of all who appear before the City Council and to expedite City business, speakers will be limited to three (3) minutes each to address any item within the City Council's jurisdiction and which is not listed on the Agenda. The three (3) minute per speaker time limit may be extended for good cause by the Mayor, or by majority vote of City Council Members. Questions and comments made by public speakers may be addressed by Council during Council Comments. V COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS 1. Council Member Gary Monahan 2. Council Member Eric Bever 3. Mayor Pro Tem Wendy Leece 4. Mayor Allan Mansoor 5. Council Member Katrina Foley VI CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar. Members of the public who wish to discuss Consent Calendar items should come forward to the microphone upon invitation by the Mayor, state their name, city in which they reside, and item number to be addressed. CONSENT CALENDAR ITEM NOS. 1 THROUGH 8. Written Communications 1. Reading Folder. Recommendation: Receive and process CONSENT CALENDAR — continued 0 City Council Agenda — January 19, 2010 Minutes 2. Regular Meeting of January 5, 2010; and Special Meeting Minutes of January 4, 2010. Recommendation: Approve Warrants 3. Warrant Resolution 2300, funding City operating expenses for $474,512.37. Recommendation: Approve 4. Warrant Resolution 2301, funding Payroll Payroll No. 926A for $1,127.28 and City including payroll deductions. Recommendation: Approve Administrative Actions No. 10-01 for $2,854,023.56 and operating expenses for $466,709.99 5. Adopt plans and specifications, and working details for Roadway Rehabilitation of Santa Ana Avenue (from 17th Street to 22nd Street), Federal Project No. ESPL- 5312(074), City Project No. 09-14, and award a construction contract to R.J. Noble Company, 15505 East Lincoln Avenue, Orange, in the amount of $1.018.375.95. Recommendation: Approve; authorize the Mayor and City Clerk to sign (a) Budget Adjustment No. 10-016 for $1,400,000. Recommendation: Approve; authorize Mayor to sign CONSENT CALENDAR — continued N1 City Council Agenda — January 19, 2010 Administrative Actions 6. Adopt plans and specifications, and working details for CDBG-R Street Improvements Project (Ralcam Place from Thurin Avenue to Cul -De -Sac, and Knowell Place from Meyer Place to Maple Avenue), City Project No. 09-27, and award a construction contract to Hardy and Harper, Inc., 1312 East Warner Avenue, Santa Ana, in the amount of $313.000. Recommendation: Approve; authorize the Mayor and City Clerk to sign 7. Budget Adjustment #10-017 for costs associated with the purchase of the Orange Countv Fairarounds. 88 Fair Drive. Recommendation: Approve Budget Adjustment #10-017 in the amount of $250,000 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT. Recommendation: Adopt resolution; authorize the Mayor to execute amended and restated Joint Powers Agreement END OF CONSENT CALENDAR VII PUBLIC HEARINGS - 7:00 p.m. (Resolution No. 05-55) 1. PUBLIC HEARING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -09-14 TO AMEND TITLE 13, CHAPTER VII OF THE COSTA MESA MUNICIPAL CODE REGARDING WATER EFFICIENCY IN LANDSCAPE STANDARDS CONSISTENT WITH THE STATE MODEL ORDINANCE AND CONSIDERATION OF THE ADOPTION OF NEW WATER EFFICIENT LANDSCAPE GUIDELINES. Recommendation: Introduce ordinance for first reading, to be read by title only and to waive further reading PUBLIC HEARING — continued [01 City Council Agenda — January 19, 2010 (a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING CITYWIDE WATER EFFICIENT LANDSCAPE GUIDELINES. Recommendation: Adopt resolution VIII OLD BUSINESS 1. From the meetina of January 5. 2010. second readina and adootion of Ordinance 10-1: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -09-07 TO AMEND TITLE 13, CHAPTER IX, ARTICLE 16, OF THE COSTA MESA MUNICIPAL CODE REGARDING LIQUOR STORES, CONVENIENCE STORES, AND MINI -MARKETS. Recommendation: Adopt Ordinance No. 10-1, to be read by title, and waive further reading IX NEW BUSINESS 1. Authorization of staff time to prepare a one (1) -year Development Impact Fee Deferral Program. Recommendation: Provide direction 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, DESIGNATING THE CITY OF COSTA MESA AS A RECOVERY ZONE UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE PURPOSES OF SECTIONS 14000-1, 14000-2 AND 14000-3 OF THE INTERNAL REVENUE CODE OF 1986. Recommendation: Adopt resolution; direct staff to identify South Coast Auto Plaza and Triangle Square as potential projects for the use of the City's Recovery Zone Facility Bonds (RZFB) allocation; direct staff to inform the public of the RZFB allocation; direct staff to determine if there is an appropriate public project for the Recovery Zone Economic Development Bonds (RZEDB) 7 City Council Agenda — January 19, 2010 X REPORTS City Attorney City Manager: XI ADJOURNMENT — Next Regular City Council Meeting February 2, 2010. Agenda related writings or documents provided to a majority of the City Council members after distribution of the City Council Agenda Packet (GC 54957.5). Any writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Public Counter, Lobby Level, in City Hall located at 77 Fair Drive, Costa Mesa, during normal business hours. In addition, such writings and documents may be posted, whenever possible, and as part of the agenda, on the City's website at www.ci.costa-mesa.ca.us. E:3