HomeMy WebLinkAbout04 - CC-5 - Minutes - 2/17/2015CC -6
UNOFFICIAL UNTIL APPROVED
MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
October 21, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 4:00 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council
Member Leece, Council Member Genis and Council Member
Monahan (Arrived at 5:30 p.m.)
Council Members Absent: None
PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS
SPECIAL CLOSED SESSION
The City Council recessed into Closed Session at 4:07 p.m. to consider the following
items:
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organization: Costa Mesa Police
Management Association (CMPMA), pursuant to California Government Code
Section 54957.6.
2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organization: Costa Mesa Police Officers
Association (CMPOA), pursuant to California Government Code Section 54957.6
Mayor Righeimer and Mayor Pro Tem Mensinger recused themselves from Item 2 due
to a potential conflict of interest.
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:18)
PLEDGE OF ALLEGIANCE (00:00:40) — Mayor Righeimer
MOMENT OF SOLEMN EXPRESSION (00:01:03)
Pastor Phil Eyskens, Lighthouse of Costa Mesa
Minutes — Regular Meeting — October 21, 2014 - Page 1
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ROLL CALL (00:03:00)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece,
Council Member Genis and Council Member Monahan.
Absent: None
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas
Duarte, Assistant Chief Executive Officer Rick Francis, Economic and Development
Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City
Clerk Brenda Green.
CLOSED SESSION REPORT (00:03:14) - NONE
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:03:27)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS -- NONE
PUBLIC COMMENTS (00:05:50)
Joel Burnstein, Newport Beach, spoke on civility. (00:06;27)
Greg Tunnell, Costa Mesa, defined words from the Thesaurus. (00:09:11)
Cindy Brenneman, Costa Mesa, spoke on elections. (00:12:26)
Gene Hutchins, Costa Mesa, spoke in support of the Charter and of Mayor Righeimer.
(00:13:10)
Karl Ahlf, Costa Mesa, spoke on Police Department staffing levels, (00:16:23)
Robin Leffler, Costa Mesa, spoke on Mayor Righeimer's campaign, City fiscal surplus;
and Police Department staffing. (00:19:15)
T. Koken, Costa Mesa, sang a song. (00:22:39)
Beth Refakes, Costa Mesa, spoke on the Military Affairs Team, Trunk or Treat candy
drive; and ball gown swap. (00:24:32)
David Kinkade, Costa Mesa, spoke on the City Fiscal History. (00:30:31)
Minutes — Regular Meeting — October 21, 2014 - Page 2
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Chuck Perry, Costa Mesa, spoke on the skate park and safety; capital improvement
projects; Senior Center improvements; and location of a Veteran's Hall. (00:33:41)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:35:47)
Mayor Righeimer acknowledged and thanked City Staff; spoke on center dividers; the
Senior Center; and Cal PERS rates. (00:35:52)
Mayor Pro Tem Mensinger congratulated Estancia High School football team; and
requested an update on the Veteran's Hall progress. (00:39:20)
Council Member Genis congratulated the Public Services Department on finding grants;
spoke on voters raising taxes in 2010; clarified wording in the proposed Charter; and
encouraged citizens to be informed. (00:40:24)
Council Member Leece spoke on the Consent Calendar Item #7 — Bicycle Education at
Elementary School and requested data when program is done; discussed Doughtery +
Doughtery Architects LLP payment for upgrade of Council Chambers; Vector Control
District and West Nile Virus; the homeless issues and supportive housing; Police
Department Staffing; and the unfunded pension liability. (00:44:38)
Council Member Monahan spoke on the San Francisco earthquake 25 years ago;
discussed Medical Marijuana Initiatives; discussed Measure O regarding the Charter,
spoke on Police Officer Staffing; 17th Street Medians; and clarified Consent Calendar
Item #7 Bicycle Education Grant. (00:52:14)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (00:58:11)
CEO Hatch stated that an update will be provided on the Council Chamber design and
spoke on the Bicycle Safety Grant.
CONSENT CALENDAR (00:59:16)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10
except for Items 3, 7, 8 and 9.
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member Monahan,
Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motions carried: 5-0
Minutes — Regular Meeting — October 21, 2014 - Page 3
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1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE
ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES
AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE
READ BY TITLE ONLY AND FURTHER READING WAIVED
ACTION:
City Council Waived Reading in full of Ordinances and Resolutions and approved
and adopted of same by reading title only.
2. READING FOLDER
a. Claims received by the City Clerk: Jack Khounthikoummane, Tahir Djokovic,
Tom Vasich, Tracey Dorame, and Amanda Mendoza.
ACTION:
Received and filed.
4. PARKWAY CONCRETE REPAIR AND NEVA SIDEWALK CONSTRUCTION
PROJECT (PROJECT "A") — CITY PROJECT NO. 13-17
ACTION:
1. City Council accepted the work performed by Horizons Construction
Company International, Inc. and authorized the City Clerk to file the Notice of
Completion; and
2. Authorized the Release of the Labor and Material bond seven (7) months
after the filing date; the release of the Faithful Performance Bond one (1) year
after the filing date; and the release of the retention monies 35 days after the
Notice of Completion filing date.
5. MINUTES
ACTION:
City Council approved the minutes of the Special Joint Study Session of the City
Council and Planning Commission of January 14, 2014; and the regular meeting
of the Costa Mesa City Council, Successor Agency, and the joint meeting of the
Costa Mesa Housing Authority of September 16, 2014.
6. RESOLUTION FOR COMPREHENSIVE TRANSPORTATION FUNDING
PROGRAM APPLICATIONS
ACTION:
City Council adopted Resolution No. 14-69, to be read by title only and waived
further reading; and approved the submittal of grant applications of transportation
improvement projects under the Orange County Transportation Authority's
(OCTA) Comprehensive Transportation Funding Program (CTFP) for Fiscal
Years 2015-16 through 2017-18.
Minutes — Regular Meeting — October 21, 2014 - Page 4
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10. RECOMMENDED ACCEPTANCE AND ALLOCATION OF THE 2014 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS
ACTION:
1. City Council approved staff's recommendation to allocate 2014 Edward Byrne
Memorial Justice Assistance Grant (JAG) funds to the Police Department's
operating budget; and
2 Approved Budget Adjustment No. 15-009 to increase revenue and
appropriations in the JAG fund, and allocated funds as follows: Facility
Security System Upgrade. - $18,026.
___________________________________ END OF CONSENT CALENDAR -----_-_______---_-----________----
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) - NONE
OLD BUSINESS (01:15:17)
1. SECOND READING OF ORDINANCE 14-13 FOR CODE AMENDMENT CO -14-
03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AMENDING SECTION 13-6 (DEFINITIONS) OF
ARTICLE 2 (DEFINITIONS) OF CHAPTER I (GENERAL), ADDING CHAPTER
XV (GROUP HOMES), AND REPEALING AND REPLACING ARTICLE 15
(REASONABLE ACCOMMODATIONS) OF CHAPTER IX (SPECIAL LAND
USE REGULATIONS), OF TITLE 13 (ZONING CODE) AND AMENDING THE
CITY OF COSTA MESA LAND USE MATRIX - TABLE NO. 13-30 OF
CHAPTER IV. (CITYWIDE LAND USE MATRIX) OF THE COSTA MESA
MUNICIPAL CODE RELATING TO GROUP HOMES
Elena Gerli, Deputy City Attorney's Office, spoke on R-2 Zones and the
difference between R1 Zones; provided staff report; and spoke on disability
groups and issues. (01:01:42)
Letter submitted to Costa Mesa City Council in regards to Solid Landings v.
Costa Mesa received from Kristen B. Ford, Vice President and Corporate
Counsel of Solid Landings Behavioral Health is on file.
Public Comments:
Barrie Fisher, Costa Mesa, spoke on living next door to Group Homes; and
supports the Ordinance. (01:07:53)
Tom Thurston, Costa Mesa, representing New Direction's for women; spoke in
opposition of the Ordinance. (01:10:48)
Paul Dumont, Housing Rights Advocate of the Sober Living Network, spoke in
opposition of the Ordinance; and spoke in support of the Sober Living Network.
(01:13.59)
Minutes — Regular Meeting — October 21, 2014 - Page 5
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Grant McNiff, Costa Mesa, spoke in opposition of the Ordinance and data.
(01:17:26)
Stuart Lanning Jr., Costa Mesa, spoke in support of the Ordinance. (01:20:56)
Robin Leffler, Costa Mesa, spoke in support of putting the Ordinance on hold and
working on it further. (01:23:26)
Patricia Bintliff, Costa Mesa, spoke in opposition of the Ordinance. (01:25:15)
Jay Humphrey, Costa Mesa, spoke in support of putting the Ordinance on hold.
(01:28:38)
Joyanna Rios, Costa Mesa, spoke in support of the Ordinance. (01:31:34)
Jesus Rios, Costa Mesa, spoke in support of the Ordinance. (01:33:46)
Ann Parker, Costa Mesa, spoke regarding Sober Living Home operators; and
spoke in opposition of the Group Homes. (01:36:01)
Mary Spadoni, Costa Mesa, spoke regarding the Ordinance and R2 Zones.
(01:39:27)
Ashley Richmond, Costa Mesa, spoke in support of Sober Living Homes; and
opposes the Ordinance. (01:42:43)
Mary Helen Beatificato, Costa Mesa, representing In -Sight Psychology and
Addiction, spoke in opposition to the Ordinance. (01:44:24)
Council Member Monahan discussed having a Manager onsite 24 hours; and
discussed that the Group Homes issue is not new. (01:50:41)
Mayor Righeimer spoke on payment to the 24 hour Manager on-site and
licenses. (01:54:19)
Elena Gerli spoke on the courts; economic viability; the profit aspect; and
permits. (01:54:43)
Discussion regarding the house manager requirements; and reasonable
accommodations within the Zoning Code. (01:57:33)
Council Member Leece spoke on reporting complaints; differences of opinion; not
in support of Ordinance as needs to include R2 Zone. (02:00:03)
Mayor Pro Tem Mensinger spoke on substance abuse issues and the Ordinance.
(02:06:35)
Minutes — Regular Meeting — October 21, 2014 - Page 6
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Council Member Monahan spoke on complaints on Group Homes for years and
trying to address the issues by requiring to obtain a permit. (02:07:56)
Council Member Leece spoke on the Ordinance and it needs further work.
(02:09:33)
Council Member Genis spoke on an R2 Zone Ordinance; and requested a report
about issues brought up previously. (02:10:15)
Mayor Righeimer spoke on the timeline to register and to be in compliance.
(02:11:40)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Mensinger, and Mayor Righeimer.
Nays: Council Member Leece.
Absent: None
Motion carried: 4-1
ACTION:
City Council gave second reading and adopted Ordinance No. 14-13, to be read
by title only and waived further reading, and approved Code Amendment CO -14-
03 with regard to the proposed Ordinance to amend Title 13, Chapter(s), 1, IV,
and IX, and to add Chapter XV (Group Homes) to the Costa Mesa Municipal
Code with regard to group homes ("Group Home Ordinance").
NEW BUSINESS (02:13:56)
1. REQUEST FOR AMENDMENTS TO COUNCIL POLICY 4002 REGULATIONS
GOVERNING FIREWORKS
Dan Baker, Management Analyst, presented Staff Report. (02:14:43)
Council Member Leece spoke on the need for change in the governing of
fireworks; and discussed a study group. (02:20:20)
Discussion ensued in regards to the formation and role of the study group;
firework sales; and water quality protection. (02:22:43)
City Attorney Tom Duarte spoke on citation fines. (02:28:36)
Police Chief Tom Gazsi discussed Administrative Citations for fireworks and
protocol for illegal sales and display of fireworks. (02:29:21)
Minutes — Regular Meeting — October 21, 2014 - Page 7
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Public Comments:
Todd Cowley, Costa Mesa, spoke in support of fireworks; and fundraising sales
for schools and youth group organizations. (02:34:51)
T. Koken, Costa Mesa, spoke in support of firework shows versus the sale at
small firework stands. (02:26:39)
Scott Mahaffy, Costa Mesa, spoke in support of fireworks; and fundraising sales
for schools and youth group organizations. (02:39:13)
Brian Harris, Costa Mesa, spoke in support of fireworks; and no changes to the
policy. (02:40:56)
Robin Leffler, Costa Mesa, spoke in support of safe and sane fireworks; problem
with expanding time frame for setting off fireworks; and enforcement is key.
(02:43:55)
Gay Royer, Costa Mesa, spoke in support of safe and sane fireworks; and
supports discharging fireworks only on 4th of July. (02:47:12)
Sue Lester, Costa Mesa, supports selling fireworks for 5 days; and enforcement
for illegal fireworks. (02:49:27)
Lou Desandro, Costa Mesa, spoke on not changing the sales of safe and sane
fireworks; and request the focus be on enforcement of illegal fireworks.
(02:51:00)
Robert Murtha, Costa Mesa, spoke on not changing the days for sales of
fireworks. (02:52:56)
Chris Ray, Costa Mesa, spoke on not changing the policy; and fundraising
benefits. (02:54:40)
Chris Cox, Costa Mesa, spoke on not changing the policy; and the problems
associated with illegal fireworks. (02:56:45)
John McLuckey, Costa Mesa, spoke on not changing the policy. (02:58:05)
Bill Schallmo, Costa Mesa, spoke on not changing the policy. (02:59:57)
Chuck Perry, Costa Mesa, spoke on not changing the policy; and consider
having less firework stands. (03:02:31)
Yumi Patterson, Costa Mesa, spoke on not changing the policy; and fundraising
benefits. (03:04:26)
Corinne Stover, Costa Mesa, spoke in support of proposed changes. (03:07:02)
Minutes — Regular Meeting — October 21, 2014 - Page 8
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Cynthia McDonald, Costa Mesa, spoke in support of the changes; and fireworks
a one day event only. (03:08:44)
Sharon Hilton, Costa Mesa, spoke in support of the changes; and fireworks a one
day event only. (03:11:27)
Joan Morrow, Costa Mesa, spoke in support of the changes; and risks of smoke
inhalation. (03:13:43)
Karen Weigand, Costa Mesa, spoke in support of changes to a one day event.
(03:14:24)
Justin Cheathem, Costa Mesa, spoke in support compromise. (03:15:45)
Resident read a letter on behalf of Teri Fugua, Costa Mesa, spoke in support of
the changes; and recommends a concert series for fundraising. (03:18:48)
Jay Humphrey, Costa Mesa, spoke in support of discharge of fireworks only on
4th of July; and supports the changes. (03:21:12)
Marianne Hahn, Costa Mesa, spoke in support of no changes; and fundraising
benefits. (03:24:20)
Karl Ahlf, Costa Mesa, spoke in support of changes; and discharging fireworks
only on 4th of July. (03:25:09)
John Kelly, Vice President of TNT Fireworks, support safe and sane fireworks;
problem is illegal fireworks and confiscation; and approach at a regional issue.
(03:28:08)
Tamar Goldmann, Costa Mesa, spoke in support of changes; and limitations.
(03:32.17)
Christopher Otis, Costa Mesa, spoke on 4th of July as a freedom holiday;
supports concert shows; stopping illegal fireworks; and compromise. (03:34:15)
MOTION; Receive and file.
Motion/Second: Council Member Monahan/
Motion failed for the lack of a second.
Council Member Leece spoke regarding a committee; the need to take small
steps tobring balance and change; and scaling back discharging only on 4th
(03:36:40)
Council Member Genis spoke in support of discharging fireworks only on 41h of
July; and spoke on the amounts raised from fundraising. (03:40:12)
Minutes — Regular Meeting — October 21, 2014 - Page 9
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Mayor Pro Tem Mensinger spoke on the distinction of legal and illegal fireworks;
and supports a group to review the issue. (03:44:08)
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
Mayor Righeimer spoke on spending dollars to eliminate illegal fireworks.
(03:49:23)
SUBSTITUTE MOTION: Five days of sales, and discharge only on July 4th; and
include the 7 suggestions.
Motion/Second: Council Member Leece/
Motion failed for the lack of a second.
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Mensinger, and Mayor Righeimer.
Nays: Council Member Leece.
Absent. None
Motion carried: 4-1
ACTION:
City Council received and filed and directed the CEO to form a group of
stakeholders to review solutions for illegal fireworks.
City Council recessed for a break at 9:57 p.m.
City Council reconvened the meeting at 10:08 p.m.
2. FIRST READING OF AN ORDINANCE ESTABLISHING A SENIOR
COMMISSION (04:04:50)
Travis Karlen, Recreation Manager, presented Staff Report. (04:05:17)
Council Member Leece inquired about qualifications of Commissioner Applicants
and age requirements. (04:07:42)
Mr. Karlen researched nearby cities and their process and they did not have an
age restriction. (04:08:18)
Discussion ensued on quarterly meetings, subcommittees, and applications for
the Senior Commission. (04:08:37)
Public Comments:
Tamar Goldmann, Costa Mesa, spoke on security and safety for seniors; and
senior issues. (04:10:08)
Beth Refakes, Costa Mesa, spoke on qualifications and residency; adopting an
Minutes — Regular Meeting — October 21, 2014 - Page 10
UNOFFICIAL UNTIL APPROVED
Advisory Committee instead of a Commission; opposed to paying members; and
the need for members to be a member of the electorate. (04:12:52)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
SUBSTITUTE MOTION: Eliminate the $100 pay to the Commissioner's and
applicants are residents of the City.
Motion/Second: Council Member Leece/Council Member Genis.
The motion failed 2-3:
Ayes: Council Member Genis and Council Member Leece
Noes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor
Righeimer.
Absent: None
ORIGINAL MOTION
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Mensinger, and Mayor Righeimer.
Nays: Council Member Leece.
Absent: None
Motion carried: 4-1
ACTION:
City Council introduced Ordinance No.14-14, to be read by title only and waived
further reading, to establish a Senior Commission that would serve as an
advisory commission to the City Council in matters related to the operation of the
Costa Mesa Senior Center and members need to be residents in Costa Mesa.
ITEMS REMOVED FROM THE CONSENT CALENDAR (04:16:47)
3. WARRANT RESOLUTION 2524: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-20 "A", and 14-
21, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, FUNDING PAYROLL No. 14-20 "A" FOR $71.22, PAYROLL NO. 14-21
FOR $2,123,190.78, AND CITY OPERATING EXPENSES FOR $2,035,885.23
Public Comments:
Tamar Goldmann, Costa Mesa, spoke on the payment to Lilley Planning Group.
(04:17:09)
Minutes — Regular Meeting — October 21, 2014 - Page 11
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MOVED/SECOND: Mayor Righeimer/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
Approved Warrant Resolution No. 2524, to be read by title only and further
reading waived.
7. PROFESSIONAL SERVICES FOR BICYCLE EDUCATION AT ELEMENTARY
SCHOOLS (04:20:31)
Public Comments
Jay Humphrey, Costa Mesa, spoke in support of the project; discussed bicycle
safety. (04:20:46)
MOVED/SECOND: Council Member Monahan/ Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council awarded a Professional Services Agreement to Safe Moves,
15500 Erwin Street #2451, Van Nuys, CA 91411, in the amount of $130,030;
and
2. Authorized the Mayor and the City Clerk to execute the Professional Services
Agreement.
8. CITY COUNCIL RESOLUTION NO. 14-65 AMENDING THE COSTA MESA
2000 GENERAL PLAN FOR THE THIRD CYCLE OF 2014: GP -14-02 FOR
COLLEEN/SANTA ANA AVENUE ANNEXATION (04:23:07)
Public Comments:
Jay Humphrey, Costa Mesa, spoke that the item should not be a Consent
Calendar item. (04:23:20)
Joanne Perler, Costa Mesa, spoke in opposition; and item should not be a
Consent Calendar item. (04:24:28)
Minutes — Regular Meeting — October 21, 2014 - Page 12
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Robin Leffler, Costa Mesa, spoke against the item; and spoke on property rights.
(04:26:41)
Tamar Goldmann, Costa Mesa, spoke against the item. (04:29:03)
Mayor Righeimer spoke on the LAFCO process and zoning. (04:30:33)
Council Member Genis spoke on not supporting the item; and supports 7,200 sq.
ft. minimum lot. (04:33:45)
Council Member Leece spoke on not supporting the item; supports 7,200 sq. ft.
minimum lot; and read a letter submitted by Ms. Liz Parker. (04:34.38)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor
Righeimer
Nays: Council Member Genis, Council Member Leece
Absent: None
Motion carried: 3-2
ACTION:
City Council adopted Resolution No. 14-65, to be read by title only and waived
further reading; and amended the 2000 General Plan for the third cycle of 2014
for an area -specific general plan amendment.
9. ADOPTION OF THE FY 2014-2015 STATEMENT OF INVESTMENT POLICY
(04:38:25)
ACTION:
Item was moved to the November 4, 2014 meeting at 6:00 p.m.
CONTINUED PUBLIC COMMENTS (04:38:30)
Sue Lester, Costa Mesa, spoke on campaigns paying for expenditures, and police
staffing levels. (04:39:09)
Mary Spadoni, Costa Mesa, spoke on police staffing levels. (04:42:16)
Jay Humphrey, Costa Mesa, spoke on participation and voting. (04:45:31)
Tamar Goldmann, Costa Mesa, spoke on election issues. (04:46.42)
Steven White, Costa Mesa, spoke on sign vandalism, theft; and payment to Dan Joyce.
(04:49:50)
Mrs. Drain, Costa Mesa, spoke on independent forensic audit of the 60th anniversary;
and hiring of employees. (04:53:18)
Minutes — Regular Meeting — October 21, 2014 - Page 13
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Ann Parker, Costa Mesa, spoke on the Mayor's positions. (04:56:33)
Cindy Black, Costa Mesa, spoke on Mayor's campaign donations. (04:58:51)
Speaker, spoke on self-insurance fund; meeting policies; and legal invoices. (05:01:47)
REPORT — CITY ATTORNEY — NONE
ADJOURNMENT — To the Regular Meeting, November 18, 2014, 5:00 p.m.
The Mayor adjourned the meeting at 11:08 p.m.
Stephen M. Mensinger, Mayor
Brenda Green, City Clerk
Minutes — Regular Meeting — October 21, 2014 - Page 14
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MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
February 3, 2015
CALL TO ORDER
The meeting was called to order by the Mayor at 5:45 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
CALL TO ORDER (00:00:12)
PLEDGE OF ALLEGIANCE (00:00;35) — Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:00:56)
Pastor Jon Mestas, Newport Mesa Church
ROLL CALL
Present: Mayor Mensinger, Council Member Foley, and Council Member Genis
Absent: Council Member Monahan (arrived 5:52 p.m.), Mayor Pro Tem Righeimer
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas
Duarte, Assistant Chief Executive Officer Rick Francis, Economic and Development
Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City
Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:02:21)
Council Member Foley requested clarification from the City Attorney on Ex Parte
Communications. (00:02:34)
• COIN; Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:02:50)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:05:10)
Mayor Mensinger presented the Mayor's Award to Jeff and Christa Duggan from Portola
Coffee Lab.
Minutes — Regular Meeting — February 3, 2015 - Page 1
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PUBLIC COMMENTS (00:11:33)
Bing Ban Pham Pham, representing the Orange County Human Relation's Commission,
presented the annual report. (00:12:14)
Tamar Goldmann, Costa Mesa, spoke on infrastructure; and public safety. (00:15:56)
Robin Leffler, Costa Mesa, spoke in appreciation for Police and Fire Personnel; and on
negotiations. (00:18:00)
Chuck Perry, Costa Mesa, spoke on Senior Center upgrades and the meeting room;
and the median on Irvine Blvd and 17th St. (00:21:06)
Cynthia McDonald, Costa Mesa, spoke on the crime rate article in the Daily Pilot; and
public safety. (00:23:44)
John Goddard, Costa Mesa, spoke in support of appointing Wendy Leece and Sue
Healey to the Senior Commission; and submitted a petition with the number count in
support of their appointment. (00:26:52)
Jay Humphrey, Costa Mesa, spoke on Police Department staffing levels; the loudness
of venting towers at 10 St. and Tustin. (00:29:33)
Jeff Arthur, Costa Mesa, spoke on unfunded pensions at the Newport Mesa Unified
School District; costs of common core testing; and long-term sustainable options.
(00:32:35)
Ann Parker, Costa Mesa, spoke on football; taking risks; and listening to the public.
(00:35:55)
Beth Rafakes, Costa Mesa, spoke on meeting notifications; the NCC library project
outreach schedule; replacement of fire stations; and the status of Council Chambers
upgrades. (00:37:38)
Gene Hutchins, Costa Mesa, spoke on the contract with Police Management; and the
increase in pension formulas. (00:40:48)
Mary Spadoni, Costa Mesa, spoke on behalf of Wendy Johnson; and thanked Council
on behalf of Cadette Girl Scout Troop 2998. (00:44:00)
Mary Spadoni, Costa Mesa, spoke on the cost for pensions. (00:44:25)
Sharon Brown, Orange, spoke on a complaint she filed against the Police Department.
(00:46:11)
Minutes — Regular Meeting — February 3, 2015 - Page 2
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COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:49:20)
Mayor Mensinger congratulated Jake Knapp who qualified at the Torrey Pines Golf
Tournament; and thanked the Public Services Department for responding to Costa
Mesa Connect Application submittals. (00:49:28)
Council Member Foley spoke and played a clip on how to use the Costa Mesa Connect
and a video was played; spoke on the hiring in the Police Department; on crime; on a
meeting of residents on Swan Drive regarding sports fields; and contacting UCI
students to do an assessment. (00:50:38)
Council Member Genis spoke on Item #7, Landscape Maintenance Services, and the
posting of notifications; the Parks Master Plan update and needs assessment in the
budget; spoke on quotes relating to the primary purpose of the government is to protect
the public. (01:00:54)
Council Member Monahan no comments. (01:04.07)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:04:15)
CEO Tom Hatch spoke on the CDBG consolidated plan and community workshop to be
held February 12, 2015; a mid -year budget review Study Session on Tuesday, February
10, 2015; a discussion on reserves and a 5 year plan expenditures; and capital projects
for a Study Session on February 24, 2015, and spoke on police department hiring
process.
Council Member Monahan requested a reserve officer recruitment update. (01:09:37)
Ernesto Munoz, Public Services Director, provided an update on the Open Space
Master Plan, (01:09:45)
CONSENT CALENDAR (01:12:24)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6
except for Item 7.
MOVED/SECOND. Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, and
Mayor Mensinger.
Nays: None
Absent: Mayor Pro Tem Righeimer.
Motions carried: 4-0-1
Minutes -- Regular Meeting — February 3, 2015 - Page 3
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1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE
ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES
AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE
READ BY TITLE ONLY AND FURTHER READING WAIVED
ACTION:
City Council waived reading in full of Ordinances and Resolutions and approved
and adopted of same by reading title only.
2. READING FOLDER
a. Claims received by the City Clerk: James R, Jordan and Jose Soiano.
ACTION:
City Council received and filed.
3. WARRANT RESOLUTION NO. 2529 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-01 "A" FOR $199.53
AND 15-02 FOR $2,150,375.36; AND CITY OPERATING EXPENSES FOR
$1,463,219.39; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID
ACTION:
Approved Warrant Resolution No. 2529, to be read by the title only, and waived
further reading.
4. FINAL MAP FOR TRACT NO. 17647 LOCATED AT 1631 AND 1645 TUSTIN
AVENUE, COSTA MESA, CALIFORNIA
ACTION:
City Council approved the Final Map for Tract No. 17647 and authorized the
signing of the map by the City Clerk and the City Engineer.
5. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of the City Council and
Successor Agency of: December 4, 2012, April 2, 2013 and January 6, 2015; the
Regular City Council, and Successor Agency and Special Joint Meeting with the
Costa Mesa Housing Authority of January 20, 2015; and Special City Council
Closed Session Meeting of January 27, 2015.
Minutes — Regular Meeting — February 3, 2015 - Page 4
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6. FINAL MAP FOR TRACT NO. 17771 LOCATED AT 789 AND 795 PAULARINO
AVENUE, COSTA MESA, CALIFORNIA
ACTION:
City Council approved the Final Map for Tract No. 17771 and authorized the
signing of the map by the City Clerk and the City Engineer.
----------------------------------- END OF CONSENT CALENDAR --------------------------
PUBLIC HEARINGS — 7:00 P.M. (Resolution NO. 05-55): None
OLD BUSINESS: None
NEW BUSINESS -- (01:13:39)
1. REQUEST TO ESTABLISH A BIKEWAY AND WALKABILITY COMMITTEE
CEO Tom Hatch and Executive Assistant Kelly Shelton provided the Staff
Report. (01:14:03)
Council Member Foley requested to form a formal committee with staffing
resources. (01:15:06)
Discussion ensued about an informal group; a presentation at the Parks and
Recreation Commission Meeting; and review of the Master Plan. (01:19:08)
Council Member Foley spoke on integration of the informal group in the formal
committee; and also focusing on walkability. (01:21:00)
Mayor Mensinger supports a bikeability committee and to include walkability.
(01.22:41)
Public Comments:
Dr. Steve Pope, Costa Mesa, spoke in support of establishing the committee.
(01:24:31)
Cynthia McDonald, Costa Mesa, spoke in support of establishing the committee;
member of the bikeability group; and have OC bicycle coalition involved.
(01:27:33)
Flo Martin, Costa Mesa, spoke as a member of the committee and in support of
establishing the committee; and encouraged bicycling and walking safety.
(01:28:43)
Jay Humphrey, Costa Mesa, spoke in support of establishing the committee but
not under Parks and Recreation Commission. (01:31:09)
Minutes — Regular Meeting -- February 3, 2015 - Page 5
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Thomas B. Parkes, Costa Mesa, spoke in support of establishing the committee;
and is an advocate of alternative modes of transportation. (01:33:38)
Cindy B, Costa Mesa, spoke in support of establishing the committee for both
walkability and bikeability. (01:35:56)
Charlene AshendorF, Costa Mesa, spoke in support of establishing the
committee; spoke on Costa Mesa strodes (street/road/highway); and a safer
walking environment. (01:37:29)
Council Member Genis spoke in support of establishing the committee; and the
opportunity to involve the broader community. (01:40:31)
Council Member Foley suggested increasing the number of committee members
to be fifteen (15) instead of the originally nine (9) proposed. (01:42:20)
MOVED/SECOND: Council Member Genis/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, and Mayor Mensinger.
Nays: None
Absent: Mayor Pro Tem Righeimer.
Motion carried: 4-0-1
ACTION:
City Council approved the formation of a Bikeway and Walkability Committee
with a membership of 15.
Kelly Shelton spoke on the Council Policy; and the application time period.
(01:43:55)
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:44:51)
7. LANDSCAPE MAINTENANCE SERVICES
Ernesto Munoz, Public Services Director, spoke on the contract and the posting
required by State Law; and alternative ways to minimize the use of chemicals.
(01:45:16)
Council Member Foley spoke on consolidation of contracts as good cost savings;
and requested further discussion in the effort to minimize the use of pesticides in
the Community. (01:47:37)
Council Member Genis requested that the postings indicate all the chemicals
used. (01:49:21)
Minutes — Regular Meeting — February 3, 2015 - Page 6
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Discussion ensued on postings required by EPA. (01:50:10)
Public Comments:
Robin Leffler, Costa Mesa, spoke on landscaping services in-house versus
contracting out; a 5 year contract; and sprinkler repairs to save money.
(01:50:40)
Council Member Foley clarified that the contract has a clause to terminate for no
cause. (01:53:27)
MOVED/SECOND: Mayor Mensinger/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, and Mayor Mensinger.
Nays: None
Absent: Mayor Pro Tem Righeimer.
Motion carried: 4-0-1
ACTION:
1. City Council awarded a contract for Landscape Maintenance Services to
Complete Landscape Care, Inc. in the annual amount of $706,692 with an
initial term of five years, with three optional one-year terms; and
2. City Council authorized the Chief Executive Officer and the City Clerk to
execute the agreement.
Council Member Monahan spoke on bringing the item back to discuss pesticides
in more detail. (01:54:04)
Council Member Genis spoke on including all the pesticides being used in
postings. (01:54:11)
REPORT -- CITY ATTORNEY — None (01:54:30)
ADJOURNMENT — To the Regular Meeting, February 17, 2015, 5:00 p.m.
The Mayor adjourned the meeting at 7:41 p.m.
Stephen M. Mensinger, Mayor
Brenda Green, City Clerk
Minutes — Regular Meeting — February 3, 2015 - Page 7
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MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, COSTA
MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY
March 5, 2013
CALL TO ORDER
The meeting was called to order by the Mayor at 5:04 p.m. in the Council Chambers at Costa
Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council
Member Genis and Council Member Monahan
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
CLOSED SESSION
The City Council recessed into closed session at 5:08 p.m. to consider the following items:
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organizations: Costa Mesa City Employee Association
(CMCEA), Costa Mesa Firefighters Association (CMFA), Costa Mesa Police Officers
Association (CMPOA) and Costa Mesa Police Management Association (CMPMA), Costa
Mesa Fire Management Association, and Costa Mesa Division Managers Association
pursuant to Government Code Section 54957.6
2. Conference with legal counsel regarding anticipated litigation, significant exposure to
litigation pursuant to Government Code Section 54956.9(b) for one potential case.
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:40)
PLEDGE OF ALLEGIANCE (00:00:45) — Led by Council Member Monahan
MOMENT OF SOLEMN EXPRESSION — NONE
ROLL CALL (00:01:13)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council
Member Genis and Council Member Monahan.
Absent: None
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte,
Assistant Chief Executive Officer Rick Francis, Economic and Development Services Director
Peter Naghavi, Public Services Director Ernesto Munoz, and City Clerk Brenda Green.
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 1
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CITY ATTORNEY CLOSED SESSION REPORT - NONE
ANNOUNCEMENTS (00:01:26)
"Costa Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATIONS (00:03:55)
Bill Hossfeld, Arbor Day presentation
Mayor's Award recognition to Ed Lee, Mingo Lee, and Wing Lam of Wahoo's Fish Tacos
PUBLIC COMMENTS (00:17:10)
James Bridges, Costa Mesa, spoke about sports fields, performing arts, upgrading police
equipment, and pensions. (00:17:24)
Jim McQueen, Board of Directors President of OC Human Relations, presented the OC Human
Relations' Annual Report. (00:20:50)
Danielle Gardner, Costa Mesa, expressed support of funds to keep the Downtown Recreation
Center Pool open year-round. (00:23:52)
Brian McQuay, Costa Mesa, spoke about starting a medical marijuana dispensary. (00:25:02)
Perry Valantine, Costa Mesa, spoke about PERS unfunded pension liability and expressed
concern with spending money on various projects. (00:28:11)
Al Melone, Costa Mesa, spoke about the Bark Park and action taken by former New York Mayor
Fiorello LaGuardia. (00:31:23)
Connor Newcomb, student at Newport Harbor High School, spoke in support of the Styrofoam
ban. (00:34:51)
Seville Gentry, student at Newport Harbor High School, spoke about The Green Festival
fundraiser at the OC Marketplace. (00:36:33)
Bob Dugan, Costa Mesa, spoke on pensions for Council. (00:37:25)
Harold Weitzberg, Costa Mesa, spoke on a large initiative for Science, Technology,
Engineering, and Math subjects (STEM) programs in schools. (00:38:44)
Robin Leffler, Costa Mesa, spoke on the budget surplus and priorities for funding. (00:40:52)
Tamar Goldmann, Costa Mesa, spoke regarding the PERS unfunded pension liability
presentation. (00:44:07)
Minutes — Regular and Joint Meeting -- March 5, 2013 - Page 2
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Ed Baum, Costa Mesa, expressed support for the improvement of the track and field at Costa
Mesa High School. (00:46:16)
Greg Thunell, Costa Mesa, spoke on history, politicians, monies spent, and deficits. (00:48:20)
Martin H. Mallard, Costa Mesa, spoke on signage at West 19th Street and negative effects of
thrift stores. (00:51:21)
Ann Perry, Costa Mesa, read letter regarding Anchor Trailer Port Mobilehome Park closure.
(00:54:16)
Chuck Perry, Costa Mesa, spoke about the Anchor Trailer Port Mobilehome Park closure; and
expressed support in improving the Costa Mesa High School field. (00:57:13)
Cindy Brenneman, Costa Mesa, expressed support of thrift shops and the philanthropic
organizations they support. (00:59:18)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (01:01:10)
Mayor Righeimer clarified statements he made at the February 26, 2013 study session; spoke
about CalPERS and pension; and announced the upcoming Meet the Mayor event. (01:01:20)
Mayor Pro Tem Mensinger spoke about the ban on Styrofoam; the STEM program; improving
public schools; pension obligations; Arbor Day and trees; and the Downtown Recreation Center
pool. (01:11:59)
Council Member Genis spoke on Wahoo's Fish Tacos' success; ban on Styrofoam; Estancia
High School's "Guys and Dolls" production; Assembly Bill AB 32; monies for planting of trees;
grass at the small dog park; and the City's budget. (01:17:25)
Council Member Leece expressed support in inviting a CalPERS representative to speak on
unfunded pension liabilities; spoke on rebuilding reserves; the reorganization of the Fire
Department; Vickie Talley's involvement with the Anchor Trailer Port Mobilehome Park sale; the
Churches Consortium and homeless issues; DUI enforcement; and commented on a statement
made in a news article regarding actions of the prior City Council. (01:22:50)
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01;35:55)
CEO Hatch spoke about applying for committees; an upcoming closed session regarding labor
negotiations; the appeal of the 1259 Victoria Street project; and the Fire Department deployment
reorganization.
Public Services Director Munoz announced the City acquired $2.8 million from OCTA to
complete drainage improvements on Anaheim Ave. to reduce flooding. (01:38:20)
CEO Hatch spoke about regular staff attendance at Local Agency Formation Commission
(LAFCO) meetings; QR barcode reader and going paperless; announced that it was his two-
year anniversary as the City's CEO; and presented a video on the Wetlands Project at Fairview
Park. (01:40:10)
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 3
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CONSENT CALENDAR (01:47:00)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11
MOVED/SECOND: Council Member Monahan/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger Council Member Genis, Council Member
Leece, and Council Member Monahan.
Noes: None
Absent: None
Motion carried: 5-0
1. READING FOLDER
(a) Claims received by the City Clerk: Southern California Edison; Juan Kmitruk
ACTION: Received and filed
2. MINUTES: Regular City Council Meeting May 1, 2012
ACTION: Approved
3. WARRANT RESOLUTION 2461: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-03A AND 13-04 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 13-03A for $399.72, Payroll No. 13-04 for $2,001,364.01 and City
operating expenses for $345,230.66, including payroll deductions.
ACTION: Approved
4. WARRANT RESOLUTION 2462: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding City operating expenses for $339,164.81.
ACTION: Approved
5. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT
NO. PS12-00261 FOR STREET IMPROVEMENTS AT 2258 AND 2260 ORANGE
AVENUE, COSTA MESA, CALIFORNIA
ACTION:
City Council approved the refund of a cash deposit in connection with Encroachment
Permit No. PS12-00261 in the amount of $5,000 to West Coast Concrete, P.O. Box
310311, Fontana, CA 92331.
6. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2013 ORANGE
COUNTY MARATHON
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 4
UNOFFICIAL UNTIL APPROVED
ACTION:
City Council adopted a resolution designating the event route for the 2013 Orange
County (OC) Marathon and approved the temporary street closures for May 5, 2013, as
requested for the 2013 OC Marathon.
7. PURCHASE OF FIVE 2013 (FORD POLICE INTERCEPTOR UTILITY VEHICLES AND
FIVE 2013 FORD POLICE INTERCEPTOR SEDAN VEHICLES
ACTION:
City Council purchased five 2013 Ford Police Interceptor Utility vehicles and five 2013
Ford Police Interceptor Sedans from National Auto Fleet Group, 490 Auto Center Drive,
Watsonville, CA 95076, for a total of $293,323.70, as a cooperative under the National
Joint Powers Alliance (NJPA) master vehicle contact #102811, which was effective
February 15, 2012. The NJPA is authorized by the Joint Exercise of Powers Act, with the
National Auto Fleet Group being the awarded vendor.
8. PARKWAY CONCRETE REPAIR AND NEW SIDEWALK CONSTRUCTION PROJECT
— CITY PROJECT NO. 12-18
ACTION:
1) City Council adopted plans, specifications, and working details for the Parkway
Concrete Repair and New Sidewalk Construction Project, City Project No. 12-18; and
2) Awarded a construction contract to C.J. Concrete Construction, Inc., 10142
Shoemaker Avenue, Santa Fe Springs, CA 90670, in the amount of $770,480.00; and
3) Authorized the Mayor and the City Clerk to execute the Public Works Agreement.
9. PURCHASE OF SIX (6) HONDA POLICE MOTORCYCLES
ACTION:
City Council approved and authorized the CEO to sign the purchase agreement in the
amount of $163,897.32 for six 2012 Honda motorcycles from Huntington Beach Honda,
17555 Beach Blvd., Huntington Beach, CA 92647.
10. CITY COUNCILIHOUSING AUTHORITY/SUCCESSOR AGENCY — AMENDMENT OF
PROFESSIONAL SERVICES AGREEMENT WITH KEYSER-MARSTON ASSOCIATES
CONSULTING
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 5
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ACTION:
1) City Council, Housing Authority, and Successor Agency approved the amendment to the
Professional Services Agreement (PSA) with Keyser -Marston Associates (KMA)
Consulting, 500 South Grand Avenue, Suite 700, Los Angeles, CA 90071, to increase
from $100,000 to $130,000; and
2) Authorized the City Chief Executive Officer to sign the amended Professional Services
Agreement with KMA Consulting in the amount of $130,000.
11. A RESOLUTION OF THE COSTA MESA CITY COUNCIL AUTHORIZING THE CHIEF
EXECUTIVE OFFICER OR HIS DESIGNEE TO EXECUTE A SUB -RECIPIENT
AGREEMENT WITH THE CITY OF ANAHEIM TO RECEIVE A GRANT UNDER THE FY
2012 URBAN AREAS SECURITY INITIATIVE (UASI)
ACTION:
1) City Council adopted a resolution that authorizes the Chief Executive Officer or his
designee to execute the attached Sub -Recipient Agreement with the City of Anaheim to
receive a grant under the FY 2012 Urban Areas Security Initiative (UASI) Grant
Program; and
2) Authorized the Police Department to accept FY 2012 UASI reimbursement funds
allocated to the City of Costa Mesa in an amount not to exceed $50,251. This amount
will reimburse training costs included but not limited to tuition, overtime, and backfill for
pre -approved Office of Domestic Preparedness -approved training for police, fire and city
personnel; and
3) Approved Budget Adjustment No. 12-019 in the amount of $50,251 to increase revenue
and appropriate the grant funds to the Police Department's operating budget.
ITEMS REMOVED FROM THE CONSENT CALENDAR — None
PUBLIC HEARINGS — (01:47:30)
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -12-06, AMENDING
TITLE 13, CHAPTER 1 AND CHAPTER IV, OF THE COSTA MESA MUNICIPAL CODE
RELATED TO ESTABLISHMENT OF EMERGENCY SHELTERS, TRANSITIONAL
HOUSING, AND SUPPORTIVE HOUSING PURSUANT TO STATE LAW (01:47:37)
Staff report provided by Minoo Ashabi, Principal Planner. (01:48:02)
Discussion ensued regarding city comparisons of emergency shelters, who oversees the
120 -day limit, the amount of parking spaces, parking standards, and the amount of beds.
(01:53:24)
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 6
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MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger Council Member Genis, Council
Member Leece, and Council Member Monahan.
Noes: None
Absent: None
Motion carried: 5-0
ACTION:
1) City Council introduced ordinance for first reading, read by title only, and waived
further reading; and
2) Approved operational standards and guidelines for emergency shelters, with revised
parking standards to state, 1 per 4 beds or one per employee"; and to round the
number of parking spaces for 30 beds from 7.5 spaces to 8.
OLD BUSINESS — NONE
NEW BUSINESS (02:00:30)
1. URBAN MASTER PLAN SCREENING REQUEST (UMP -13-01) FOR 10 ATTACHED
RESIDENTIAL CONDOMINIUMS AT 522 AND 526 BERNARD STREET (02:00:35)
Staff report provided by Minoo Ashabi, Principal Planner. (02:00:55)
Discussion ensued regarding setbacks. (02:04:43)
Mark Majer, applicant representing MDM Investment Group, spoke about the company
and the proposed project. (02:05:50)
Discussion ensued regarding market research; the number of bedrooms; interior and
exterior design; entrances and exits; variances; setbacks; parking; the development
being too modern; and the type of stone to be used. (02:06:55)
Public Comments:
Robin Leffler, Costa Mesa, spoke about compliance with standards; the design not
blending in with the current neighborhood; and expressed support for adequate parking
and setbacks. (02:16:44)
Discussion ensued regarding setbacks, front -door identity, layout of the units, and
parking. (02:19:47)
Council Member Monahan commented on urban designs and setbacks; commended the
company for doing a good job at providing the structure and setbacks; and spoke on the
parking being sufficient. (02:22:57)
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 7
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Council Member Genis expressed concern about the project not being consistent with the
current neighborhood and the lack of setbacks. (02:24:24)
Mayor Righeimer commented that Charle Street is mostly commercial and spoke on the
renovation of the Westside and the design of the project. (02:27:47)
ACTION: City Council provided feedback on the proposed 10 -unit residential ownership
project within the Mesa West Residential Ownership Urban Plan area.
2. FAIRVIEW PARK PROJECTS (02:31.48)
Staff report provided by Ernesto Munoz, Public Services Director. (02:32:12)
Discussion ensued regarding maintenance costs; the County's interest in the project;
Talbert Nature Reserve; funding; Banning Ranch; costs; and liability. (02:40:03)
Public Comments:
Perry Valantine, Costa Mesa, spoke on acquiring property owned by another public
agency, costs and liability related to the project, and expressed opposition to the project.
(02:49:07)
Speaker, Costa Mesa, expressed support of the project. (02:51:00)
James Peterson, Costa Mesa, expressed opposition to the Canary Stairs and expressed
concern regarding theft and vandalism. (02:52:25)
Robin Leffler, Costa Mesa, expressed support of building up reserves, expressed
opposition to the project, and expressed concern regarding the Canary Stairs. (02:53:28)
Bill Burke, Costa Mesa, expressed opposition to the Canary Stairs; spoke on the petition
regarding the Canary Stairs and recommended it be referred to the Fairview Park
Advisory Committee. (02:55:45)
Cindy Brenneman, Costa Mesa, expressed opposition to the Canary Stairs and
requested that Council table the item. (02:59:35)
Bob Isaacson, Costa Mesa, expressed opposition to the Canary Stairs. (03:01:37)
Robert Graham, Costa Mesa, spoke on the petition; expressed support of decent and
safe access to the park; and provided photographs of the safety issues with the access
through the muddy bluffs. (03:02:08)
Council Member Leece spoke on the Mesa Verde Homeowners' Association input, costs
and benefits of the project, priority of public safety funding, and expressed support of the
Fairview Park Advisory Committee reviewing this item. (03:06:00)
Council Member Genis expressed support of bringing back the Fairview Park Advisory
Committee, referring this project to them, and the stairs at Fairview Park; and spoke on
Minutes -- Regular and Joint Meeting — March 5, 2013 - Page 8
UNOFFICIAL UNTIL APPROVED
the Talbert Nature Reserve and meeting with Nature Reserve of Orange County.
(03:08:52)
Council Member Monahan expressed concern with the Talbert Nature Reserve
maintenance costs; expressed support of the stairs at Fairview Park and Canary Drive;
inquired about the process of creating the Fairview Park Advisory Committee; and
expressed support of the item. (03:11:22)
Mayor Pro Tem Mensinger expressed support of the stairs at Canary Drive and Fairview
Park; spoke on Mr. Graham's petition; and expressed support of moving forward with the
Talbert Nature Reserve. (03:14:07)
Mayor Righeimer expressed support of the Fairview Park Advisory Committee, the stairs
at Fairview Park and Canary Drive, and spoke on public safety. (03:19:40)
MOTION: Form a Fairview Park Advisory Committee to include 7 members at -large, with
a City Council Member Liaison, and a Parks and Recreation Commission Liaison.
MOVEDISECOND: Council Member Monahan/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger Council Member Genis, Council
Member Leece, and Council Member Monahan.
Noes: None
Absent: None
Motion carried: 5-0
MOTION: Approve the Canary Drive Stairs project with the staff recommendations on
timing, and direct staff to look into restricted parking.
MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Mensinger
SUBSTITUTE MOTION: Refer the Canary Drive Stairs project to the Fairview Park
Advisory Committee.
MOVEDISECOND: Council Member Genis/Council Member Leece
Council Member Leece spoke on the budget for public safety. (03:25:42)
Council Member Genis commented on concerns by the adjacent resident, and expressed
opposition to the Canary Stairs. (03:26:40)
The substitute motion failed by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece
Noes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Monahan
Motion failed: 2-3.
The original motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Monahan
Noes: Council Member Genis, Council.Member Leece
Motion carried: 3-2.
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 9
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MOTION: Approve the Bluff Stairs project at south Fairview Park.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Discussion ensued regarding accessibility options at Fairview Park. (03:28:38)
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Monahan, Council
Member Genis
Noes: Council Member Leece
Motion carried: 4-1.
MOTION: Direct staff to evaluate the feasibility of acquiring Talbert Park Nature Reserve.
MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Monahan, Council
Member Genis
Noes: Council Member Leece
Motion carried: 4-1.
Discussion ensued regarding accessibility at the parks. (03:33:28)
3. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
COSTA MESA AND NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR A DESIGN
FEASIBILITY STUDY TO ANALYZE THE PLACEMENT AND DEVELOPMENT OF A
JOINT USE ATHLETIC FACILITY AT COSTA MESA HIGH SCHOOL (03:36:35)
Staff report provided by Tom Hatch, Chief Executive Officer. (03:36:58)
Discussion ensued regarding the school district's interest in the item. (03:42:39)
Council Member Leece spoke on a feasibility study for Tewinkle, and requested that the
plans be provided to the school district's consultant. (03:46:02)
Mayor Pro Tem Mensinger spoke on funding, the feasibility study for Tewinkle, and the
shortage of fields. (03:47:50)
Public Comments:
Greg Ridge, Costa Mesa, expressed support of funding and commented on high school
budgets in the district. (03:52:19)
Cynthia Blackwell, Costa Mesa, expressed support of investing money in the high school.
(03:54:30)
Frank Albers, Costa Mesa, expressed support of the item. (03:55:40)
Robin Leffler, Costa Mesa, expressed support of the item and spoke on funding.
(03:57:04)
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 10
UNOFFICIAL UNTIL APPROVED
Perry Valantine, Costa Mesa, expressed support of the item. (03:58:40)
Mayor Pro Tem Mensinger spoke on joint facility usage needs and per student based
fees; and informed that he met with the superintendent and Paul Reed who expressed
support of the item. (04:00:00)
Council Member Genis spoke on the availability of the facility to the general public and
not just the school, commented on the redevelopment process, and expressed support of
the item. (04:03:35)
Council Member Leece expressed support of the item and encouraged the school district
board and City Council to work together. (04:07:45)
Mayor Righeimer spoke on the previous $3 million spent and working together with the
school district, and expressed support of the item. (04:09:00)
MOTIONISECOND: Council Member Monahan/Council Member Leece
The motion carried by the following roll call vote.-
Ayes:
ote:Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger Council Member Genis, Council
Member Leece, and Council Member Monahan.
Noes: None
Absent: None
Motion carried: 5-0
ACTION:
1) Approved a Memorandum of Understanding (MOU) between the City of Costa Mesa
and Newport -Mesa Unified School District (NMUSD) to provide $15,000 for a design
feasibility study to analyze the placement and development of a joint use athletic
facility at Costa Mesa High School.
2) Authorized the Mayor to sign the MOU.
3) Directed the Parks and Recreation Commission to review the completed results and
details of the feasibility study and provide recommendations to the City Council.
REPORT -- CITY ATTORNEY — NONE
The Mayor adjourned the meeting at 10:20 p.m.
Stephen M. Mensinger, Mayor
Brenda Green, City Clerk
Minutes — Regular and Joint Meeting — March 5, 2013 - Page 11