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HomeMy WebLinkAbout- - Agenda - 2/2/2010City of Costa Mesa Council Agenda TUESDAY, FEBRUARY 2, 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 — February 2, 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 II]. 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 — Potential Litigation: Initiation of litigation, one case, pursuant to Government Code Section 54956.9(c). 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. K City Council Agenda - February 2, 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 Lieutenant Colonel Don A. Oldis, U.S. Air Force (Retired), World War 11, Korean, Vietnam, and Cold War 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 Employee of the Month — Todd Palombo, Firefighter Paramedic 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. 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. N City Council Agenda — February 2, 2010 V COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS 1. Council Member Katrina Foley 2. Council Member Gary Monahan 3. Council Member Eric Bever 4. Mayor Pro Tem Wendy Leece 5. Mayor Allan Mansoor 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 14. Written Communications 1. Reading Folder. Recommendation: Receive and process Minutes 2. Regular Adjourned Meeting/Study Session of January 12, 2010, and Regular Meeting of January 19, 2010. Recommendation: Approve CONSENT CALENDAR — continued 0 City Council Agenda — February 2, 2010 Warrants 3. Warrant Resolution 2302, funding City operating expenses for $958,091.87. Recommendation: Approve 4. Warrant Resolution 2303, funding Payroll No. 10-02 for $2,262,362.58 and Payroll No. 10-01A for $3,071.29 and City operating expenses for $781,706.90 including payroll deductions. Recommendation: Approve Administrative Actions 5. Renewal of the Oracle/PeopleSoft Support Agreement with Oracle Corporation, 1001 Sunset Boulevard, Rocklin, effective March 19, 2010 through March 18, 2011, and the renewal of the E -Pay modules effective June 3, 2010 through June 2, 2011, in the annual amount of $179,451.45 plus applicable tax. Recommendation: Approve; authorize the City Manager to sign 6. Professional Services Agreement with CNC Engineering, Inc., 1 Corporate Park, Suite 101, Irvine, for design and environmental services for SR -55 Gateway Improvement Project, in the amount of $97,069. Recommendation: Approve; authorize the Mayor and City Clerk to sign 7. Adopt plans and specifications, and working details for Traffic Congestion Relief Fund (TCRF) Project, City Project No. 09-28, and award a construction contract to Elite Bobcat Services, 1320 East 6th- Street, #100, Corona, in the amount of $974,567.63. Recommendation: Approve; authorize the Mayor and City Clerk to sign (a) Budget Adjustment No. 10-018 for $969,284. Recommendation: Approve; authorize Mayor to sign CONSENT CALENDAR — continued City Council Agenda — February 2, 2010 Administrative Actions 8. Completion of Reconstruction of 181-h Street from Newport Boulevard to Anaheim Avenue (Project "A") and 1811" Street from Newport Boulevard to Orange Avenue (Project "B"), City Project No. 09-04, by R.J. Noble Company, 15505 East Lincoln Avenue, Orange. Recommendation: Accept work; authorize City Clerk to file a Notice of Completion; release retention monies 35 days thereafter; exonerate the Labor and Material Bond seven (7) months thereafter; and exonerate the Faithful Performance Bond twelve (12) months thereafter 9. Completion of Rehabilitation of Orange Avenue from 17th- Street to 18th- Street, City Project No. 09-09, by R.J. Noble Company, 15505 East Lincoln Avenue, Orange. Recommendation: Accept work; authorize City Clerk to file a Notice of Completion; release retention monies 35 days thereafter; exonerate the Labor and Material Bond seven (7) months thereafter; and exonerate the Faithful Performance Bond twelve (12) months thereafter 10. Completion of Rehabilitation of Tustin Avenue from 1511" Street to 171-h Street, City Project No. 09-15, by C.J. Concrete Construction, Inc., 10142 Shoemaker Avenue, Santa Fe Springs. Recommendation: Accept work; authorize City Clerk to file a Notice of Completion; release retention monies 35 days thereafter; exonerate the Labor and Material Bond seven (7) months thereafter; and exonerate the Faithful Performance Bond twelve (12) months thereafter 11. Completion of Rehabilitation of Alley No. 109, City Project No. 09-16, by Faring Engineering, Inc., 23201 Orange Avenue, Lake Forest. Recommendation: Accept work; authorize City Clerk to file a Notice of Completion; release retention monies 35 days thereafter; exonerate the Labor and Material Bond seven (7) months thereafter; and exonerate the Faithful Performance Bond twelve (12) months thereafter CONSENT CALENDAR — continued [01 City Council Agenda — February 2, 2010 Administrative Actions 12. Completion of Roof Replacement at the Old Corporation Yard at 2300 Placentia Avenue, Costa Mesa, Project No. 09-25. Recommendation: Reject all bids and re -advertise the project at a future date 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING SAFETY DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60. Recommendation: Adopt resolution 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE ADMINISTRATION DIVISION AND TECHNICAL SERVICES DIVISION OF THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60. Recommendation: Adopt resolution ------------------------------------------- END OF CONSENT CALENDAR -------------------------- VII ALENDAR-------------------------- 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 -09-16 TO AMEND TITLE 13, CHAPTER XIII, SECTION 13-279(B) OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE DAYS AND HOURS IN WHICH CONSTRUCTION ACTIVITY IS EXEMPT FROM THE CITY'S NOISE REGULATIONS AND TO ESTABLISH A PROCEDURE TO SEEK RELIEF FROM THE PROPOSED RESTRICTIONS. Recommendation: Introduce ordinance for first reading, to be read by title only, and to waive further reading PUBLIC HEARING — continued 7 City Council Agenda — February 2, 2010 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -09-01 TO AMEND THE FAIRGROUND LAND USE DESIGNATION IN THE LAND USE ELEMENT OF THE 2000 GENERAL PLAN. Recommendation: Adopt resolution VIII OLD BUSINESS 1. From the meetina of January 19. 2010. second readina and adootion of Ordinance 10-2: 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: Adopt Ordinance No. 10-2, to be read by title only, and waive further reading 10112►JI:19I.91011X&01 No New Business scheduled. X REPORTS City Attorney City Manager: XI ADJOURNMENT — Adjourn to February 9, 2010, 4:30 p.m., for a Study Session. Next Regular City Council Meeting February 16, 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). E:3 City Council Agenda — February 2, 2010 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. X61