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HomeMy WebLinkAbout05 - CC-5 - Minutes - 3/3/2015UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY October 4, 2011 CALL TO ORDER CC -5 The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Council Members Absent: Council Member Bever CALL TO ORDER (00:00:15) PLEDGE OF ALLEGIANCE (00:00:27) — Led by Mayor Pro Tem Righeimer MOMENT OF SOLEMN EXPRESSION (00:00:50) Pastor Dave Manne, Calvary Chapel ROLL CALL (00:02:40) Present: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Absent: Council Member Bever Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Interim Development Services Director Khanh Nguyen, Interim Public Services Director Ernesto Munoz, Interim Public Affairs Manager Dan Joyce, and City Clerk Julie Folcik. ANNOUNCEMENTS (00:02:54) Mayor Monahan presented Costa Mesa Community Announcements, and the "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:08:15) Dan Joyce, Costa Mesa Community Run presentation Minutes — Regular Meeting -- October 4, 2011 - Page 1 UNOFFICIAL UNTIL APPROVED PUBLIC COMMENTS (00:14:06) Perry Valantine, Costa Mesa, spoke about responses to public comments posted on the City's website; business tax; Pop Warner website; and contracting and subcontracting of legal services. (00:14:31) Belle Solis, Tustin, Program Coordinator for the Orange County Chapter of Mother's Against Drunk Driving (MADD), spoke about drunk driving education, funding, and enforcement. (00:17:19) Mary Beth Griffin, Tustin, spoke on behalf of the Orange County DUI Task Force requesting the Council vote in support of the STEP Grant; spoke on sobriety check points; and STEP Grant funds. (00:20:43) Andrew Gabell, Orange, spoke on his company, Skitfink Productions. (00:23:39) Lisa Knowles, Costa Mesa, spoke on the Wild West Casino Night hosted by the Harbor Mesa Lions Club. (00:26:58) Jason Piazza, Costa Mesa, stated the need for a soccer league; and expressed opposition in outsourcing City services. (00:28:23) James Proctor, Costa Mesa, commented on student volunteers; homeless issues; movie nights at The Lab; water sustainability; economic growth in adjacent cities; and unions. (00:31:23) Robin Leffler, Costa Mesa, spoke on the ex -parte communication ordinance that was not approved. (00:33:34) Beth Refakes, Costa Mesa, spoke on equipment upgrade; and 19th Street Bridge concerns. (00:36:27) Sandra Genis, Costa Mesa, spoke about responses to public comments; staff attendance at OC Fair Board and other public meetings; Pacific Amphitheatre renovations; the 19th Street Bridge; and the Coastal Commission meeting. (00:38:59) Tamar Goldmann, Costa Mesa, commented on budget measures. (00:42:07) Tom Pollitt, Costa Mesa, commented on balancing the budget; workers' compensation; Costa Mesa unions; and unfunded pension liability. (00:45:24) Jeff Cullen, Costa Mesa, spoke about balancing the budget; costs associated with the association and police helicopter lease; and the drastic measures to cut jobs and pensions. (00:48:31) Mayor Pro Tem Righeimer clarified the helicopter costs have been reduced. (00:50:59) Minutes -- Regular Meeting — October 4, 2011 - Page 2 UNOFFICIAL UNTIL APPROVED Sue Lester, Costa Mesa, expressed on Council Member Bever's attendance at City Council meetings; and litigation. (00:52:15) Cindy Brenneman, Costa Mesa, spoke on Breast Cancer Awareness Month. (00:55:29) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (00:58:15) CEO Hatch spoke on moving the CEO Report up on the agenda; police helicopter; budget; payroll audit; study sessions; 19th Street Bridge; efficiency measures at City Hall; budget policies; audit response; conflict of interest concerning a council member; outside attorneys; and staff attendance at OC Fair Board meetings. (00:58:17) REPORT — CITY ATTORNEY --- NONE (01:12:08) CONSENT CALENDAR (01:12:10) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 12 except for Items 1, 2, 3, 8, 9, 10, 11, and 12. MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 4. WARRANT RESOLUTION 2389: 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 $364,136.72. ACTION: Approved. 5. PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING, 121 NORTH HARWOOD STREET, ORANGE, FOR DESIGN SERVICES FOR ALLEY NO. 122 (PROJECT "A") AND ALLEYS NOS. 28, 29, 30, 31 (PROJECT "B") REHABILITATION PROJECT, IN THE AMOUNT OF $61,413. ACTION: Approved; authorized the Mayor and the City Clerk to sign. Minutes — Regular Meeting — October 4, 2011 - Page 3 UNOFFICIAL UNTIL APPROVED 6. COMPLETION OF 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLEY IMPROVEMENT PROJECT -- BAY STREET ALLEY NO. 40 (PROJECT "A") AND FORD ROAD ALLEY NO. 41 (PROJECT "B"), CITY PROJECT NO. 11-02, BY GOLDEN STATE CONSTRUCTORS, INC., 6162 GALIPEAN DRIVE, HUNTINGTON BEACH. ACTION: Accepted work; authorized City Clerk to file a Notice of Completion and to 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. 7. WITHDRAWN FROM AGENDA ITEMS REMOVED FROM THE CONSENT CALENDAR (01:13:07) 1. READING FOLDER a. Claims received by the City Clerk: David Haragan on behalf of EAN Holdings, LLC; Raymond Gregory. b. Requests for Alcohol Beverage Control licenses: Tastebuds, 130 E. 17th Street, Suite M -P and Z Cafe, 3333 Bear Street, Suite 316. Robin Leffler, Costa Mesa, expressed concern over the number of liquor licenses issued. (01:13:18) Mayor Monahan clarified that State ABC has authority over these issues; and placement of items on the Council agenda is informational. (01:13:55) Eleanor Egan, Costa Mesa, in reference to Tastebuds, opined that area does not need another bar; and stated ABC should know the City's concerns. (01:14:20) Sandra Genis, Costa Mesa, spoke about a finding of public convenience. (01:14:44) MOTIONISECOND: Mayor Monahan/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Received and filed. Minutes — Regular Meeting -- October 4, 2011 - Page 4 UNOFFICIAL UNTIL APPROVED 2. REGULAR MEETING OF SEPTEMBER 6, 2011. (01:15:21) Discussion ensued regarding changes to the format of the minutes. (01:15:23) Sandra Genis, Costa Mesa, spoke on the availability of the minutes to the public. (01:17:40) Robin Leffler, Costa Mesa, spoke in support of a public hearing regarding the format of the minutes. (01:19:00) MOVED/SECOND: Mayor Monahan/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Continue to the next meeting. 3. WARRANT RESOLUTION 2388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 11-19 AND PAYROLL REGISTER NO. 11-18A AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, FUNDING PAYROLL NO. 11-19 FOR $2,128,843.60 AND PAYROLL NO. 11-18A FOR $1,313.79, AND CITY OPERATING EXPENSES FOR $671,691.16, INCLUDING PAYROLL DEDUCTIONS. (01:20:10) Discussion ensued regarding payments to Management Partners and reassessment of the contract; and a payment to Newport -Mesa Unified School District for bus transportation. (01:20:12) MOTION/SECOND: Mayor Monahan/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Approved Minutes -- Regular Meeting — October 4, 2011 - Page 5 UNOFFICIAL UNTIL APPROVED 8. PARTICIPATION IN THE ORANGE COUNTY CHAPTER TRAUMA INTERVENTION PROGRAM (TIP). (01:26:01) Rick Kapok, Costa Mesa, spoke in support of TIP. (01:26:20) Cindy Brenneman, Costa Mesa, spoke in support of TIP. (01:28:33) MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: 1. Approved and authorized the Chief Executive Officer or his designee to sign; and 2. Approved and authorized the Mayor to sign Budget Adjustment No. 12-005 for $10,000. 9. REQUEST FOR PROPOSAL (RFP) FOR ANIMAL CONTROL SERVICES. (01:31:17) Robin Leffler, Costa Mesa, spoke about the placement of RFPs on the agenda, and the cost of writing and analyzing the RFPs. (01:31:32) Sandra Genis, Costa Mesa, spoke on Animal Control personnel, animal license fee increase, and special event policing. (01:34:13) Jay Humphrey, Costa Mesa, spoke on providers at a lower cost. (01:36:49) MOTION: Authorize staff to release the RFP MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer Council Member Leece spoke on contracting with the County of Orange; proposal submission; evaluation criteria; budget process; and stated she would not be supporting the motion. (01:39:30) Mayor Pro Tem Righeimer spoke on savings; outsourcing; employees; budget; and stated he will be supporting this, and all the following, motions. (01:45:57) Minutes — Regular Meeting — October 4, 2011 - Page 6 10. 11 UNOFFICIAL UNTIL APPROVED The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 REQUEST FOR PROPOSAL (RFP) FOR STREET AND STORM DRAIN MAINTENANCE SERVICES. (01:51:10) Robin Leffler, Costa Mesa, spoke on the cost of services. (01:51:26) Sandra Genis, Costa Mesa, spoke on level of service, and combination of items in the RFP. (01:54:27) Tamar Goldmann, Costa Mesa, spoke on the budget, and outsourcing. (01:56:15) Jeff Cullen, Costa Mesa, spoke on outsourcing. (02:00:35) MOTION: Authorize staff to release the RFP MOVEDISECOND: Mayor Monahan/Mayor Pro Tem Righeimer Council Member Leece stated she would not be supporting the motion; and spoke on pension, unfunded liability, and outsourcing. (02:03:36) Mayor Monahan commented on unfunded liability; RFPs; employee negotiations; and spoke in support of the motion. (02:06:12) The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 REQUEST FOR PROPOSAL (RFP) FOR GRAFFITI ABATEMENT SERVICES. (02:08:19) Robin Leffler, Costa Mesa, spoke on employee pensions. (02:08:31) Sandra Genis, Costa Mesa, spoke on graffiti removal. (02:10:54) Tamar Goldmann, Costa Mesa, spoke on outsourcing, pensions, and employee negotiations. (02:12:23) MOTIONISECOND: Mayor Monahan/Mayor Pro Tem Righeimer Minutes — Regular Meeting — October 4, 2011 - Page 7 UNOFFICIAL UNTIL APPROVED Council Member Leece commented on the speed of the graffiti abatement team, clean-up time in the RFP, and unfunded liability; and expressed opposition to the item. (02:14:34) The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS OF THE CITY COUNCIL MEETINGS, TO MOVE THE CEO REPORT TO OCCUR AFTER PUBLIC COMMENTS. (02:19:13) Sandra Genis, Costa Mesa, stated she supports the motion; and accepting public comments during the CEO report. (02:19:59) Robin Leffler, Costa Mesa, complemented CEO Hatch on tonight's report; and stated public comments should not be moved to the end of the evening. (02:21:35) MOTION/SECOND: Mayor Monahan/Council Member Mensinger The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Adopted resolution City Council recessed for a break at 8:27 p.m. City Council reconvened the meeting at 8:43 p.m. PUBLIC HEARINGS — NONE (02:25:27) Minutes — Regular Meeting — October 4, 2011 - Page 8 UNOFFICIAL UNTIL APPROVED OLD BUSINESS (02:25:30) 1. FROM THE MEETING OF SEPTEMBER 20, 2011, ORDINANCE NO. 11-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -10-06, AMENDING TITLE 13, ARTICLE 2 DEFINITIONS, AND CHAPTERS III, IV, V, VI, AND XII OF THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL SECOND UNITS, GRANNY UNITS, AND ACCESSORY APARTMENTS. (02:25:35) MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Adopted Ordinance No. 11-10, to be read by title only, and waived further reading 2. FROM THE MEETING OF SEPTEMBER 20, 2011, ORDINANCE NO. 11-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO AMEND TITLE 13, CHAPTER VII, ARTICLE 2, GENERAL PROVISIONS AND ARTICLE 3, SIGN REGULATIONS, OF THE COSTA MESA MUNICIPAL CODE RELATED TO SIGN REGULATIONS, (02:26:27) MOTION/SECOND: Mayor Monahan/Council Member Mensinger The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Adopted Ordinance No. 11-11, to be read by title only, and waived further reading Minutes — Regular Meeting — October 4, 2011 - Page 9 UNOFFICIAL UNTIL APPROVED NEW BUSINESS (02:27:09) 1. STATEMENTS OF QUALIFICATIONS FOR THE POSSIBLE SELECTION OF A QUALIFIED FIRM FOR THE UPGRADE, OPERATION AND MAINTENANCE OF THE TEWINKLE PARK ATHLETIC COMPLEX. (02:27:12) Staff report by Ernesto Munoz, Interim Public Services Director (02:27:34) Discussion ensued regarding the task force, TeWinkle Park user groups, minimum requirement letter of qualification, and the TeWinkle Master Plan report. (02:30:29) Dave Johnson, President and Founder of Major League Softball Inc., spoke about his company and responded to questions from the Council. (02:38:05) Bill Berghoff, President of Sportsplex USA, spoke about his company and responded to questions from the Council. (03:06:43) Richard Odekirk, Director of Development of Big League Dreams, spoke about the company and responded to questions from the Council. (03:35:00) Public Comments: Jeff Wilcox, Costa Mesa, President of the Mesa Del Mar Community Association, spoke in opposition of the proposal. (04:16:54) Perry Valantine, Costa Mesa, noted all three firms are based outside of Costa Mesa, and commented on individual Council requests. (04:19:47) Jay Humphrey, Costa Mesa, spoke on the process and the task force. (04:22:57) Eleanor Egan, Costa Mesa, spoke on a property deed restriction. (04:26:20) Beth Refakes, Costa Mesa, spoke on the process, and community disturbance. (04:29:59) Tamar Goldmann, Costa Mesa, spoke on the neighborhood around TeWinkle Park, and the property restriction. (04:33:15) Marty Morales, Costa Mesa, spoke in opposition to the proposal. (04:35:26) Scott Stirton, Costa Mesa, expressed opposition to the proposal. (04:37:49) Doug Smity, Costa Mesa, spoke in opposition to the proposal. (04:39:20) Minutes -- Regular Meeting -- October 4, 2011 - Page 10 UNOFFICIAL UNTIL APPROVED Sandra Genis, Costa Mesa, expressed concern over the presenter's not providing financial information to the City; and spoke on community park needs. (04:42:30) Robin Leffler, Costa Mesa, requested ex -parte information from the Council; and spoke on the sports park. (04:45:20) Lisa Reedy, Costa Mesa, spoke on the TeWinkle Park Master Plan, and the sports park. (04:48:32) John Rittenhouse, Costa Mesa, spoke on presenter's lack of information; and TeWinkle Park Master Plan. (04.51:48) Discussion ensued regarding specific needs, community dialogue, acknowledgement of residents' concerns, Master Plan reports, task force formation, legal and financial issues, parking, field use, process of building sports fields; underuse of TeWinkle Park fields; and community improvement. (04:55:22) MOTION: Approve the formation of a TeWinkle Park Athletic Complex Task Force as revised to include two members of the homeowners' association north of the property, and remove one member from the school district. MOVED/SECOND.- Mayor Pro Tem Righeimer/Council Member Mensinger SUBSTITUTE MOTION: Approve the formation of a TeWinkle Park Athletic Complex Task Force as revised to include four members of the homeowners' association. MOVED/SECOND., Council Member Leece Motion died for lack of a second. The original motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 MOTION: Direct Big League Dreams to work with the City and Task Force on TeWinkle Park Athletic Complex proposal. MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Monahan SUBSTITUTE MOTION: Receive and file. MOVED/SECOND: Council Member Leece Motion died for lack of a second. Minutes — Regular Meeting — October 4, 2011 - Page 11 UNOFFICIAL UNTIL APPROVED The original motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (05.30:55) Council Member Leece requested that a discussion of the minutes be placed on the agenda regarding public comments; asked for an explanation regarding the meet and confer process; and spoke about a Town Hall in the Westside. (05:31:50) Council Member Mensinger spoke on pensions; a hiring freeze; Mesa Verde and College Park improvements; the Costa Mesa Minute and CEO Briefing; the amount of public information available; outsourcing; and Estancia High School football. (05:34:22) MOTION: Continue the meeting past midnight MOVED/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 CLOSED SESSION: (05:45:00) 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 FIGHTERS MANAGEMENT ASSOCIATION, AND COSTA MESA DIVISION MANAGERS ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION: COSTA MESA EMPLOYEES ASSOCIATION V. CITY OF COSTA MESA, A MUNICIPAL CORPORATION, ET AL., ORANGE COUNTY SUPERIOR COURT CASE NO. 30-2011 00475281, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A). Minutes — Regular Meeting ---- October 4, 2011 - Page 12 UNOFFICIAL UNTIL APPROVED PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE CEO Hatch provided an overview of what would be discussed in closed session; spoke on the letters sent to the associations regarding the Memorandums of Understanding; and spoke about the negotiations process and existing agreements. (05:46:11) The Mayor adjourned the meeting at 12:06 a.m. into closed session. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — October 4, 2011 - Page 13 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY July 2, 20'13 CALL TO ORDER The meeting was called to order by the Mayor at 5:00 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 Genis (arrived at 5:15 p.m.), Council Member Leece, and Council Member Monahan Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE CLOSED SESSION The City Council recessed into closed session at 5:04 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 existing litigation: Costa Mesa Employees Association v. City of Costa Mesa, a municipal corporation, et al., Orange County Superior Court Case No. 30-2011 00475281, pursuant to California Government Code Section 54956.9(x). 3. Conference with legal counsel regarding anticipated litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Two cases. The City Council reconvened at 6:46 p.m. CALL TO ORDER (00:00:04) PLEDGE OF ALLEGIANCE (00:00:15) — Led by Council Member Genis Minutes — Regular Meeting — July 2, 2013 - Page 1 UNOFFICIAL UNTIL APPROVED MOMENT OF SOLEMN EXPRESSION (00:00:47) Doug Berry, Rock Harbor Church ROLL CALL (00:02:36) 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, Acting Economic and Development Services Director Claire Flynn, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CLOSED SESSION REPORT (00:02:49) City Attorney Duarte reported action was taken on Closed Session Item #3 by a vote of 5-0 to approve the initiation of litigation against the State of California Department of Finance and County of Orange regarding the determination made by the Department of Finance. ANNOUNCEMENTS (00:03:35) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. Special recognition to Brad Long, Dane Bora, Dan Krikorian, and Bill Lobdell for their work on the "Costa Mesa My Sweet Home" song and music video. PRESENTATIONS — NONE (00:03:35) PUBLIC COMMENTS (00:11:38) Harold Weitzberg, Costa Mesa, spoke about the 60th Anniversary celebration. (00:11:38) Dee Storme, Costa Mesa, spoke about the Poseidon Project. (00:12:11) Doug Smith, Costa Mesa, expressed concern regarding liability at Volcom Skate Park, and spoke on parking violations and enforcement on Presidio Drive. (00:12:58) John Feeney, Costa Mesa, spoke on behalf of Aviva Goelman, Director of the Costa Mesa Senior Center, regarding the 60th Anniversary event; and expressed opposition to the Orange County Transportation Authority (OCTA) 405 Freeway toll lanes. (00:16:53) Minutes -- Regular Meeting — July 2, 2013 - Page 2 UNOFFICIAL UNTIL APPROVED Sharon Brown, Costa Mesa, spoke against profiling the homeless, and expressed concern regarding sex offenders. (00:18:40) Jay Humphrey, Costa Mesa, expressed opposition of the OCTA toll plan; and spoke about the 4th of July, additional signs on Coral Avenue, and the upcoming General Plan vision meeting. (00:21:40) Jay Photoglou spoke on his grievance against the Costa Mesa Police Department. (00:24:18) Robin Leffler, Costa Mesa, expressed concern on the City's spending; spoke on rebuilding the reserves; stated opposition to installing lights at Fairview Park; and requested an increase in business license fees be presented to the voters. (0:31:10) Sheila Pfafflin, Costa Mesa, spoke about the Banning Ranch Project. (00:34:42) Beth Refakes, Costa Mesa, spoke on the 60th Anniversary event; and expressed concern on the OCTA 405 toll plan. (00:36:44) Linda Fernandez requested that Broadway Street be blocked off for the July 4th holiday and weekend. (00:39:37) Peter Boyd, Costa Mesa, praised Rick Francis for helping in their neighborhood on quality of life issues. (00:43:13) Steve Ray, Executive Director of Banning Ranch Conservancy, officially invited City Council to join the litigation, thanked Council for not approving the traffic mitigation agreement, and encouraged partnership with the Conservancy. (00:45:23) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS Council Member. Genis suggested a public study session presentation on the Emergency Operation Plan; thanked everyone who worked on the 60th Anniversary; informed of a meeting regarding the Poseidon Plan; and wished the public a safe Happy 411 of July. (00:48:11) Council Member Leece requested staff provide an update on the Poseidon Plan; spoke on enforcing the law at Volcom Skate Park and parking regulations on Presidio Drive; requested a plan of action concerning the OCTA toll lane issue; encouraged citizen participation with the General Plan; spoke on business licensing and Triangle Square parking and taxis; expressed her condolences for the families of the Prescott, Arizona firefighters; requested an update on the CMCEA lawsuit; and announced two awards given to the Council Members by Association of California Cities, Orange County. (00:51:48) Minutes — Regular Meeting — July 2, 2013 - Page 3 UNOFFICIAL UNTIL APPROVED Council Member Monahan announced he would be pulling #5 from the consent calendar. (01:02:17) Mayor Righeimer spoke on city spending, infrastructure, safety, new computer data dispatch system, realignment of the fire department, budget, and the 60th Anniversary event. (01:02:24) Mayor Pro Tem Mensinger thanked the volunteers for the 60th Anniversary event; and gave brief history of Independence Day. (01:12:25) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:14:26) CEO Hatch spoke on the enforcement at Volcom Skate Park; complimented Assistant CEO Rick Francis for neighborhood assistance; spoke on enforicing the law and prohibiting illegal fireworks; complimented and thanked the 60th Anniversary staff; and acknowledged awards from ACC -OC. CONSENT CALENDAR (01:18:57) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11 except for Items 5, 8, 10, 11 MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan 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. Nays: None Absent: None Motion carried: 5-0 1. READING FOLDER a. Claims received by the City Clerk: Enterprise Rent-A-Car; Sandra Huber; and Angela Hamel. ACTION: Received and filed 2. MINUTES: Regular Meeting/Study Session of April 12, 2011. ACTION: Approved 3. WARRANT RESOLUTION 2478: 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 $1,933,867.16. ACTION: Approved Minutes -- Regular Meeting — July 2, 2013 - Page 4 UNOFFICIAL UNTIL APPROVED 4. WARRANT RESOLUTION 2479: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-12 "A" AND 13- 13 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-12 "A" for $4,317.47, Payroll No. 13-13 for $2,053,868.00 and City operating expenses for $883,176.12. ACTION: Approved 6. PARK AVENUE ALLEY (ALLEY NO. 10), BAKER STREET ALLEY (ALLEY NO. 44), AND FULLERTON AVENUE ALLEY (ALLEY NO. 104) IMPROVEMENT PROJECT -- CITY PROJECT NO. 13-03 ACTION: City Council adopted plans, specifications, and working details for the Park Avenue Alley (located between Newport Boulevard, Park Drive, Anaheim Avenue, and W. 18th Street), Baker Street Alley (located between Baker Street and Logan Avenue, just east of College Avenue), and Fullerton Avenue Alley (located between Fullerton Avenue, Orange Avenue, 20th Street, and Walnut Street) Improvement Project — City Project No. 13-03; and 2. Awarded a construction contract to Grigolla & Son Construction Company, Inc., P.O. BOX 949, Azusa, CA 91702, in the amount of $490,045.00; and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. 7. ANAHEIM AVENUE PARKING RESTRICTIONS I-, TO I:Qkq I City Council adopted a resolution authorizing the Transportation Services Manager to implement a "Modified Resident Only" parking restriction for on -street parking spaces on Anaheim Avenue adjacent to the Neighborhood Community Center complex. Minutes — Regular Meeting — July 2, 2013 - Page 5 UNOFFICIAL UNTIL APPROVED 9. PURCHASE OF LEADER EMERGENCY VEHICLES AND ANCILLARY EQUIPMENT ACTION: 1. City Council authorized the purchase of six (6) Leader Industries Emergency Vehicles, from Halcore Group Inc., dba Leader Industries, 10941 Weaver Avenue, South EI Monte, CA 91733. The total net purchase cost, including state/local taxes and manufacturer -discount, shall be $1,334,314.70; and 2. Authorized the purchase of six (6) gurneys Stryker Power — PRO XT (6506), from BoundTree Medical, 5000 Turtle Crossing Boulevard, Dublin, OH 43016. The total net purchase cost, including state/local taxes, shall be $91,138.86; and 3. Approved budget adjustment (BA# 14-003) to reduce budgeted salaries and benefits and transfer funds to the Equipment Replacement Fund for the purchase of ambulance vehicles and equipment. ITEMS REMOVED FROM THE CONSENT CALENDAR (01:19:58) 5. THIRD PARTY LIABILITY CLAIMS ADMINISTRATION (01.19:58) Presentation by Lance Nakamoto, Human Resources Manager; and Jim Madaffer, Consultant from Keenan & Associates. (01:20:28) Mike Reed, President of Carl Warren and Company, spoke on the Request for Proposals, flat fees, and the working relationship with the staff. (01:30:41) Caryn Siebert, CEO of Carl Warren, made a presentation about the company. (01:37:04) MOTION: Authorize the CEO to execute a contract for Third Party Liability Claims Administration with Carl Warren and Company. MOVED/SECOND: Council Member Leece/Council Member Genis. SUBSTITUTE MOTION: Authorize the CEO to execute a contract for Third Party Liability Claims Administration with Keenan and Associates. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion failed by the following roll call vote: Ayes: Mayor Pro Tem Mensinger, and Council Member Monahan Nays: Mayor Righeimer, Council Member Genis, and Council Member Leece Motion failed: 2-3 Minutes — Regular Meeting — July 2, 2013 - Page 6 UNOFFICIAL UNTIL APPROVED The original motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and Council Member Leece Nays: Council Member Monahan Motion carried: 4-1 ACTION: City Council authorized the CEO to execute a contract for Third Party Liability Claims Administration with Carl Warren and Company; however, the City Council may choose either of the top two firms. 8. CITY OF COSTA MESA EMERGENCY OPERATIONS PLAN (01:47:48) Steve Ray, KOCI Radio, suggested a radio show to present the Emergency Operations Plan, and invited city staff and council members to be on the program. (01:48:07) MOTIONISECOND: 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. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved the City of Costa Mesa's revised Emergency Operations Plan and adopted by resolution. 10. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF AUGUST 20, 2013 (01:51:33) MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan. Nays: Council Member Genis, and Council Member Leece Absent: None Motion carried: 3-2 ACTION: City Council cancelled the August 20, 2013 Council meeting. Minutes — Regular Meeting — July 2, 2013 - Page 7 UNOFFICIAL UNTIL APPROVED 11. COMPUTER AIDED DISPATCH (CAD)IRECORDS MANAGEMENT SYSTEM (RMS) REPLACEMENT (02:00:24) Jay Photoglou spoke about sales taxes, warranties, and replacing the system. (02:00:33) Mike James, Costa Mesa Police Commander, clarified that the sales tax is on the software agreement, not on the services; and stated retention of records will convert to the new system. (02:04:13) MOTION/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. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council approved and authorized the CEO to sign the Software Licenses and Services Agreement in the amount of $1,485,558 for the replacement of the current Computer Aided Dispatch (CAD) and Records Management System (RMS) with SunGard Public Sector Inc., 1000 Lake Mary, FL 32746; and 2. Approved and authorized the CEO to sign the Software Maintenance Agreement with SunGard Public Sector Inc., 1000 Lake Mary, FL 32746; and 3. Approved Budget Adjustment (BA #14-002) to appropriate available fund balance in the Narcotics Asset Forfeiture Fund and Proposition 172 Fund in the amount of $1,485,558 for the replacement of the current CAD/RMS system. PUBLIC HEARINGS — NONE OLD BUSINESS — NONE NEW BUSINESS — NONE REPORT — CITY ATTORNEY — NONE Minutes -- Regular Meeting — July 2, 2013 - Page 8 UNOFFICIAL UNTIL APPROVED The Mayor adjourned the meeting at 8:51 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — July 2, 2013 - Page 9 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY July 15, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 5:00 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 (arrived at 5:02 p.m.), and Council Member Monahan (arrived at 5:15 p.m.) Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE CLOSED SESSION The City Council recessed into closed session at 5:05 p.m. to consider the following items. 1. Conference with legal counsel — potential litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) for two potential cases. 2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organizations: Costa Mesa Police Management Association (CMPMA) pursuant to Government Code Section 54957.6. 3. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa Fire Fighters Management Association, pursuant to California Government Code Section 54957.6. The City Council reconvened at 6:00 p.m. CALL TO ORDER (00:00:12) PLEDGE OF ALLEGIANCE (00:00:38) — Led by Mayor Righeimer MOMENT OF SOLEMN EXPRESSION (00:01:01) Father Moushegh Tashjian, St. Mary Armenian Church Minutes — Regular Meeting — July 15, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED ROLL CALL 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, Assistant Chief Executive Officer/Administrative Services Director Tamara Letourneau, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT — NONE - (00:04:58) • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None ANNOUNCEMENTS (00:05:03) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:07:18) Kelly Vucinic, National Night Out event Mayor's Cup presentation to Costa Mesa American Little League and Costa Mesa National Little League teams PUBLIC COMMENTS (00:20:32) Al Melone, Costa Mesa, spoke regarding maintenance at the dog park. (00:21:14) Sue Lester, Costa Mesa, spoke regarding medical marijuana initiatives. (00:24:30) James H. Bridges, Costa Mesa, spoke regarding the Pension Oversight Committee and Charter Committee appointment process.(00:28:21) Cindy Brenneman, Costa Mesa, spoke regarding the medical marijuana initiatives; the First Friday Road Show; the OC Fair; KaBOOMI playground at Shalimar Park; and addressing the audience. (00:31:43) Robert Graham, Costa Mesa, spoke regarding EI Nino rains and effects on Fairview Park bluffs. (00:34:47) Minutes — Regular Meeting — July 15, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED Tom Pollitt, Costa Mesa, spoke regarding leadership and civility during the election season; commended city workers for cleaning up a fallen tree; and encouraged learning about Common Core. (00:37:13) Spencer Richley, Costa Mesa, spoke regarding his new business, Boxfli. (00:39:21) Chuck Perry, Costa Mesa, spoke regarding positive developments and improvements in the City; and a Veterans' Hall. (00:41:00) Teresa Drain, Costa Mesa, spoke regarding a forensic audit on the 60th Anniversary event; Costa Mesa singer Madasen McGrath; and Municipal Code Section 2.106. (00;43:19) Robin Leffler, Costa Mesa, spoke regarding developments in the City; parking concerns; light and shade; and entitlements to developers. (00:46:02) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:49:17) Mayor Righeimer spoke regarding KaBOOM! at Shalimar Park; Mr. Irrelevant football event; Westside overlay and developments; medical marijuana initiatives; and announced that the meeting will be adjourned in memory of Ben Carlson. (00:49:24) Mayor Pro Tem Mensinger spoke regarding Camp Costa Mesa; Mr. Irrelevant football event; golf course entrance improvements; improvements and developments in the city; a Veterans' Hall; and improvements at the fire stations. (00:57:03) Council Member Genis spoke regarding the OC Fair and parking; development on Tustin Avenue; Camp Costa Mesa; a Veterans' Hall; and medical marijuana initiatives. (01:01:21) Council Member Leece spoke regarding medical marijuana initiatives; BoxKaBOOM! event at Shalimar Park; upcoming Great Reach Community Workshop; developments in the City; OC Vector Control District; the Asian Tiger mosquito and the West Nile Virus; fireworks; Police Association negotiations; and Municipal Code Section 2-106. (01:04:19) Council Member Monahan spoke regarding the upcoming Costa Mesa Chamber of Commerce golf tournament; and announced the Newport -Mesa Girls Fastpitch Softball team has made it to the Midwest regionals. (01:16:05) REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:17:20) CEO Hatch spoke about the KaBOOM! event at Shalimar Park; fireworks; the Senior Center's 4th of July event; Orange Coast College Master Plan program; a Veterans' Hall; and parking impacts due to the OC Fair. Minutes -- Regular Meeting — July 15, 2014 - Page 3 UNOFFICIAL UNTIL APPROVED Economic and Development Services Director Gary Armstrong provided an update regarding Orange Coast College's development and impacts. CONSENT CALENDAR: (01:26:42) MOTION: Approved recommended actions for Consent Calendar Items Nos. 1 through 8 except for Item No. 6. MOVEDISECOND: Council Member Leece/Mayor Pro Tem Mensinger 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. Nays: None Absent: None Motion carried: 5-0 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 approval and adoption of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Rafael Cortes; and Greg Fournier. ACTION: Received and fled. 3. WARRANT RESOLUTION 2519: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-13 "A", 14-14 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 14-13 "A" for $2.02, Payroll No. 14-14 for $2,083,410.02, and City operating expenses for $2,559,897.82. ACTION: Approved Warrant Resolution No. 2519, to be read by title only and further reading waived. Minutes — Regular Meeting -- July 15, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED 4. RED HILL AVENUE REHABILITATION PROJECT (FROM BRISTOL STREET TO PAULARINO AVENUE), CITY PROJECT NO. 13^02 ACTION: 1. City Council accepted the work performed by R.J. Noble Company and authorized the City Clerk to file the Notice of Completion; and 2. Released the Labor and Material Bond seven (7) months after the filing date; released the Faithful Performance Bond one (1) year after the filing date; and released the retention monies 35 days after the Notice of Completion filing date. 5. HARBOR BOULEVARD WIDENING FROM SOUTH COAST DRIVE TO SUNFLOWER AVENUE -- CONSTRUCTION MANAGEMENT AND INSPECTION SUPPORT SERVICES ACTION. 1. City Council awarded a Professional Services Contract for an amount not to exceed $120,364 to CivilSource, Inc., 9890 Irvine Center Drive, Irvine, CA 92618, for Construction Management and Inspection Support Services for the Harbor Boulevard Widening project; and 2. Authorized the Mayor and the City Clerk to execute the Professional Services Agreement. 7. APPROVE THE PURCHASE REQUEST FOR THE REPLACEMENT AND INSTALLATION OF OUTDOOR DUTY LOCKERS PURSUANT TO THE TERMS OF THE PROFESSIONAL SERVICE AGREEMENT WITH OLPIN ACTION: 1. City Council approved and authorized the CEO to sign the Professional Services Agreement for the Replacement and Installation of Outdoor Duty Lockers with Oipin Group, Inc., 3520 E. Enterprise Drive, Anaheim, CA 92807 in the amount of $82,761.36, including tax; and 2. Approved Budget Adjustment #15-002 for the appropriation of Narcotics Asset Forfeiture Fund undesignated funds in the amount of $82,761.36 for the purchase of duty lockers. Minutes — Regular Meeting — July 15, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED 8. AWARD CONTRACT FOR ANNUAL TRANSIENT OCCUPANCY TAX AUDIT SERVICES ACTION: 1. City Council awarded contract for annual transient occupancy tax audit services for fiscal years 2014, 2015 and 2016 to Mayer Hoffman McCann, P.C., in the total amount of $58,500 with an option to extend the contract in one-year periods, for a minimum of two fiscal years; and 2. Authorized City Chief Executive Officer to sign and execute a professional services agreement with the selected audit firm. PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) The Mayor made a request to consider Public Hearing Item No. 4 out of order, 4. SECOND READING FOR THE PRE -ZONING AND PROPERTY TAX EXCHANGE AGREEMENT FOR THE SANTA ANA/COLLEEN ISLAND ANNEXATION (01:27:02) MOTION. Continue the item to a future meeting. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Mayor Righelmer requested for developers, owners, and staff meet on this item. (01:28:00) Public Comments: Speaker inquired on a meeting and setbacks. (01:30:30) Robin Leffler, Costa Mesa, spoke on public speaking on this issue. (01:32:00) 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. Nays: None Absent: None Motion carried: 5-0 1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS (01:32:55) Staff report provided by Colleen O'Donoghue, Assistant Finance Director. (01:33:33) Minutes -- Regular Meeting — July 15, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED Discussion ensuect regarding the property tax assessment and citation process. (01:35:50) Public Comments: Sue Lester, Costa Mesa, thanked and complimented Code Enforcement staff, and spoke about municipal code violations. (01:49:09) Sheila Pfafflin, Costa Mesa, expressed concerns regarding tax lien and special precautions for seniors, and spoke on efficient water use. (01:50:33) Beth Refakes, Costa Mesa, spoke regarding Habitat for Humanity assistance. (01:52:58) David Balough, Costa Mesa, spoke about his case. (01:53:50) Robin Leffler, Costa Mesa, expressed concern regarding Code Enforcement and the lack of personal contact with the public. (01:56:09) MOTION: Adopt Resolution No. 14-47, to be read by title only and waived further reading, entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations." MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger SUBSTITUTE MOTION: Adopt Resolution No. 14-47, to be read by title only and waived further reading, entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations"; and remove Item No. 6. (01:59:20) Council Member Monahan withdrew his original motion, (01:59:50) MOVED/SECOND: Mayor Righeimer/Council Member Monahan Council Member Leece suggested including a flyer with assistance information. (02:00:20) Council Member Genis expressed concern with using public monies to fix some parkways, and fining others who do not fix their parkways. (02:02:10) The substitute motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council Member Monahan. Nays: Council Member Genis. Absent: None Motion carried: 4-1 Minutes — Regular Meeting — July 15, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED 2, PUBLIC HEARING FOR THE VACATION OF A PORTION OF SUPERIOR AVENUE AT 1677 SUPERIOR AVENUE (02:04:16) Staff report provided by Ernesto Munoz, Public Services Director. (02:04:20) Council Member Genis expressed concern with the tract map not being recorded. (02:06:55) 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 Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted Resolution No. 14-48, to be read by title only and waived further reading, ordering the vacation of a portion of Superior Avenue Right -Of -Way at 1677 Superior Avenue; and 2. Authorized execution of the Quit Claim Deed by the Mayor and the City Clerk; and 3. Authorized the Street Vacation effective date is upon recordation of tract map. 3. GENERAL PLAN AMENDMENT GP -14-01 1 LOT LINE ADJUSTMENT LL -14- 03 LOCATED AT 320 E. 18TH STREET (02:08:45) Staff report provided by Minoo Ashabi, Senior Planner. (02:09:50) Discussion ensued regarding a request from Howard Banghausen on entitlements, floor area rations, and parking; and occupancy limits. (02:14:50) Public Comments: Beth Refakes, Costa Mesa, spoke in support of the application; and expressed concerns regarding parking issues; striping; floor plan; and ratios. (02:18:20) Susan McDowell, consultant for RSI Homes, spoke on conditions of approval regarding parking and the Master Plan Amendment. (00:22:50) Discussion ensued on the Master Plan Amendment, and reasons for not continuing the item. (02:24:30) Minutes — Regular Meeting — July 15, 2014 - Page 8 5. UNOFFICIAL UNTIL APPROVED MOVED/SECOND: 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 Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council found that the Project is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) -- General Rule; and 2. Adopted Resolution No. 14-49, to be read by title only and waived further reading, for General Plan Amendment GP -14-01, pending approval as part of future General Plan Cycle to change the land use designation of a 16 -foot by 63 -foot strip of land (1,009 Sq. Ft) within an existing church site from Public/Institutional to Medium Density Residential and approving Lot Line Adjustment LL -14-03 to move the rear property line to the north by 16 feet for future residential development, subject to conditions; and 3. Introduced Ordinance No. 1410 for first reading, to be read by title only and waived further reading, approving Rezone R-14-01, of a 16 -foot by 63 -foot strip of land within an existing church site from I&R (Institutional and Recreational District) to R2 -MD (Multiple Family Residential — Medium Density District); and 4. Removed the condition of approval stating, "An amendment to the Master Development Plan for the Lighthouse Coastal Community Church shall be submitted for review that reflects the current conditions of the site and church sanctuary." CODE AMENDMENT CO -13-03 TO TITLE 13, CHAPTER IX, ARTICLE 8 GOVERNING MOTELS (02:32:05) Staff report by Mel Lee, Senior Planner; Yolanda Summerhill, Deputy City Attorney; and Jerry Guarracino, Interim Assistant Development Services Director, (02:33:10) Discussion ensued regarding electrical and building code requirements; temporary and long-term stays; square footage; on-site laundry services and security boxes; single room occupancy policy; affordability standards and affordable housing; long-term stay requirements; Regional Housing Needs Allocation and the number of affordable units required in the Housing Element; and health standards. (02:41:55) Minutes — Regular Meeting — July 15, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED Public Comments: Harold Weitzberg, Costa Mesa, spoke on health standards. (03:08:41) Zeenat Hassan, Public Law Center attorney, spoke in opposition to the Ordinance. (03:10:48) Sheila Pfafflin, Costa Mesa, spoke about property being taken illegally, and last - resort housing. (03:12:02) Kathy Esfahani, Costa Mesa Affordable Housing Coalition member, spoke in opposition to the Ordinance. (03:14:19) Andrea Marr, Costa Mesa Affordable Housing Coalition member, spoke in opposition to the Ordinance. (03:18:00) Linda Tang, representing Kennedy Commission, spoke in opposition to eliminating longterm stays in motels, and requested that Program 12 of the 2008-2014 Housing Element be reinstated. (03:19:21) Speaker, Costa Mesa, spoke in opposition to the Ordinance. (03:22:34) Jean Forbath, Costa Mesa Affordable Housing Coalition member, spoke in opposition to the Ordinance. (03:23:44) Robin Leffler, Costa Mesa, spoke in opposition to the Ordinance. (03:26:12) SUBSTITUTE MOTION: To continue item and request staff bring back a request for a moratorium. MOTION/SECOND: Council Member Leece/Council Member Genis The motion failed by the following roll call vote: Ayes: Council Member Genis, and Council Member Leece Nays: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan Absent: None Motion failed: 2-3 The original motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Nays: Council Member Genis and Council Member Leece Absent: None Motion carried: 3-2 Minutes — Regular Meeting -- July 15, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger ACTION: City Council found that the proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of CEQA because there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment; and introduce Ordinance No. 14-11 for first reading, to be read by title only and waived further reading, regarding Code Amendment CO -13-03 to Title 13, Chapter IX, Article 8 Governing Motels. OLD BUSINESS 1. AN ORDINANCE OF THE CITY OF COSTA MESA REPEALING AND REPLACING COSTA MESA MUNICIPAL CODE SECTION 11-15 RELATING TO REWARDS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF PERSONS VANDALIZING PRIVATE PROPERTY (03:38:00) MOVED/SECOND: 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. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council gave second reading and adopted Ordinance No. 14-08, to be read by title only and waived further reading, regarding rewards for information leading to the apprehension of individuals who damage property. 2. SECOND READING OF THE ORDINANCE AMENDING SECTION 2-61 RELATING TO CONDUCT WHILE ADDRESSING THE CITY COUNCIL AND ADDING SECTION 2-87 (SEVERABILITY) (03:38:45) MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and Council Member Monahan. Nays: Council Member Leece Absent: None Motion carried: 4-1 Minutes -- Regular Meeting -- July 15, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED ACTION: City Council gave second reading and adopted Ordinance No. 14-09, to be read by title only and waived further reading. NEW BUSINESS - NONE ITEMS REMOVED FROM THE CONSENT CALENDAR 6. SAFE TRANSIT STOPS PROGRAM APPLICATIONS (03:40:44) 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: City Council adopted Resolution No. 14-50, to be read by title only and waived further reading, approving the submittal of a grant funding application for three (3) bus stop improvement projects under the Orange County Transportation Authority's (OCTA) Measure M2 Project W — Safe Transit Stops Program. CONTINUED PUBLIC COMMENTS - NONE COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE REPORT — CITY ATTORNEY - NONE The Mayor adjourned the meeting at 9:42 p.m. in memory of Ben Carlson. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — July 15, 2014 - Page 12 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING October 7, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. CALL TO ORDER (00:00:14) PLEDGE OF ALLEGIANCE (00:00:40) — Mayor Pro Tem Mensinger MOMENT OF SOLEMN EXPRESSION (00:01:03) Doug Jacks, Palm Harvest Church ROLL CALL (00:01:30) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council Member Genis Absent: Council Member Monahan (arrived at 6:19 p.m.) 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 (00:01:45) - NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None ANNOUNCEMENTS (00:01:48) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:04:26) Mayor Righeimer recognized Maximilian (Max) Mormont, Master's World Champion, coach at Costa Mesa CrossFit and Costa Mesa resident. PUBLIC COMMENTS (00:13:52) Flo Martin, Costa Mesa, spoke on parking problems around Wilson Park. (00:14:27) Minutes — Regular Meeting — October 7, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED T. Koken, Costa Mesa, sang a song opposing the Charter. (00:17:54) Mary Spadoni, Costa Mesa, spoke on public safety staffing levels. (00:20:40) Doug Morrow, Costa Mesa, spoke on political propaganda mailers; and opposed to the Charter. (00:23:59) Pamela Wilson, Costa Mesa, spoke in support of the Charter, (00:25:47) Rick Luna, Costa Mesa, spoke in support of firework sales. (00:29:10) Jennifer Hutchinson, Costa Mesa, spoke in support of firework sales. (00:30:09) Gay Royer, Costa Mesa, thanked the Costa Mesa Firefighters for supporting Breast Cancer Awareness. (00:31:47) Gene Hutchins, Costa Mesa, spoke in favor of the Charter. (00:32:30) Teresa Drain, Costa Mesa, spoke on the conducting a forensic audit on the 60th Anniversary expenses. (00:36:01) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:39:49) Council Member Monahan had no comments. (00:39:50) Mayor Righeimer spoke on the 2013 — 2014 $6 million budget surplus. (00:39:55) Mayor Pro Tem Mensinger spoke on housing and parking issues; the $6 million budget surplus; firework sales supporting the school programs; and increasing fines for the use of illegal fireworks. (00:41:35) Council Member Genis spoke on Tewinkle Intermediate School 50th anniversary; thanked groups who organized the Scarecrow Festival; thanked groups who put on candidate forums; fireworks; and previous advisory measure. (00:50:27) Council Member Leece spoke on fireworks and how to address illegal fireworks, congratulated MICA celebrating 10 year anniversary; the Library Board; the Monster Bash at the Senior Center; trees being planted on public parkways during the drought; and small business concerns. (00:54:59) REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:02:08) CEO Hatch spoke on the Senior Center programs; Orange County Fair Meeting; the applicant's guide to entitlement processing in the City of Costa Mesa regarding the Development Process; and tree planting. Minutes — Regular Meeting — October 7, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (01:07:32) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6 except for items 3 and 4. MOVEDISECOND: 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 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: Artem Peshkov; Rachel Orchard; and Joseph Barrack. ACTION: Received and filed. 5. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 2014 ACTION: City Council approved cancellation of the meeting. 6. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS OF JANUARY 15, 2013 AND SEPTEMBER 2, 2014; AND THE SPECIAL CITY COUNCIL MEETINGS OF SEPTEMBER 19, 2014 AND SEPTEMBER 23, 2014. ACTION: City Council approved the minutes, ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- Minutes — Regular Meeting — October 7, 2014 - Page 3 UNOFFICIAL UNTIL APPROVED PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:08:08) CODE AMENDMENT CO -12-07: CONSIDERATION OF A MORATORIUM EXTENSION REGARDING HOOKAH PARLORS Mel Lee, Senior Planner, presented the Staff Report. (01:08:34) Discussion ensued in regards to Conditional Use Permit requirements for vapor lounges; and the timeframe of moratorium. (01:09:25) Public Comments: Ann Parker, Costa Mesa, requested including vapor lounges. (01:14:06) Nayef Amhaz, Costa Mesa, spoke in opposition of the extension of the Moratorium. (01:16:12) Mayor Righeimer requested clarification on the extension. (01:19:40) City Attorney Tom Duarte responded that the Government Code allows 45 days and one extension for 10 months and 15 days and one more extension for one year. (01:20:34) MOVEDISECOND: Council Member Leece/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger, and Mayor Righeimer. Nays: Council Member Monahan Absent: None Motion carried: 4-1 ACTION: City Council adopted Urgency Ordinance No. 14-12, to be read by title only and waived further reading, extending the hookah parlor moratorium considered under Code Amendment CO -12-07 for a period not to exceed 12 months. 2. 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 (01:21:42) Minutes -- Regular Meeting — October 7, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED Elena Gerli, City Attorney's Office, presented the Staff Report. (01:22.43) Mayor Righeimer spoke on the issue. (01:48:52) Discussion ensued on moratoriums; the permit process; reasonable accommodations; regulations and enforcement by the state; and reporting complaints and nuisances. (01.50:02) Public Comments: Barrie Fisher, Costa Mesa, spoke in support of the Ordinance. (02:00:29) Patricia Bintliff, Costa Mesa, spoke in opposition to the Ordinance. (02:04:02) Richard Perlin, Huntington Beach, spoke in opposition to the Ordinance. (02:07:34) Terry Koken, Costa Mesa, spoke on the inclusion of R2 Zones; boarding houses; parking onsite; and management living onsite. (02:10:34) Jay Humphrey, Costa Mesa, spoke on group homes; and customer service training. (02:12:58) Carol Williams, Costa Mesa, spoke in opposition to group homes; and supports the Ordinance. (02:16:37) Robin Leffler, Costa Mesa, spoke on the Ordinance; and including R2 Zones. (02:19:28) Chris Bunyan, Costa Mesa, spoke on the permitting process. (02:21:19) Ann Parker Costa Mesa, spoke on the new State Law; including R1 and R2 Zones; and individuals coming to Costa Mesa from outside areas. (02:22:12) Grant McNiff, Costa Mesa, spoke in opposition of the Ordinance; and legal expenses. (02:24:04) Justin Cheathem, Costa Mesa, spoke in support of the Ordinance; and clients of homes coming from outside the community. (02:27:25) Mary Spadoni Costa Mesa, spoke on a citywide Ordinance not just in R1 Zones. (02:30:23) Wendy Okumura, Costa Mesa, spoke in support of the Ordinance due to saturation. (02:33.39) Minutes — Regular Meeting — October 7, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED Discussion ensued regarding including R2 Zones; proximity to schools; limiting parolees; and parking. (02:23:52) Mayor Righeimer spoke on group homes, population; comparison of Ordinances; reasonable accommodations; and Group Home operators. (02:54:55) Council Member Genis spoke in support of the Ordinances; spoke on Group Homes operating in a residential zone; and rejection of the Ordinance from operators. (03:01:25) Council Member Leece discussed the proliferation of homes impacting the quality of life; reasonable accommodations; and the application process. (03:02:41) MOVED/SECOND: Council Member Monahan/Council Member Leece 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 found that the proposed ordinance was exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of CEQA because there was no possibility that the proposed amendment to the Zoning Code would have a significant effect on the environment; and 2. Approved the first reading of the Ordinance with the modifications contained in the Supplemental Memorandum dated October 7, 2014 (A -D below). A. Approved the following alternative language for Section 13-311(10)(iii), from the County rules regarding referral facilities: "The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re -admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to, remove the violator from contact with the other residents until the violation is resolved." B. Revised the definition of Integral Facilities (page 12) by replacing, "sober living facilities" with "Group Homes" to read as follows: "Any combination Minutes — Regular Meeting — October 7, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED of two or more group homes which may or may not be located on the same parcel ..." C. Revised the definition of Integral Uses (page 12) deleting, "licensed or unlicensed," to read as follows: "Any two or more residential care programs commonly administered by the same owner...;" and D. Revised section 13-311(a)(7) Special use permit required (page 15) by replacing "uses" with "facilities," to read as follows: "integral group home facilities are not permitted." City Council recessed for a break at 9:08 p.m. City Council reconvened the meeting at 9:20 p.m. 3. REVIEW OF PLANNING APPLICATION PA -88-134 A2: SECOND AMENDMENT FOR THE ORANGE COAST BUICKIGMCICADILLAC DEALERSHIP LOCATED AT 2600 HARBOR BOULEVARD Mel Lee, Senior Planner, presented the Staff Report. (03:19:00) On behalf of applicant, Mr. Peter Nagavi of In Focus Consultants, provided a presentation on the project. (03:31:16) Discussion ensued on new conditions; on lighting of entry monument; and lighting standard. (03:52:30) Public Comments: Teresa Drain, Costa Mesa, requested more time to work with the dealership to address concerns. (04:01:54) Beth Rafakes, Costa Mesa, spoke on the project; the living wall; and concerns of light spillage. (04:08:35) Chris McEvoy, Costa Mesa, spoke on the quality of life. (04:11:39) Leslie Sterrett, Costa Mesa, spoke against the second deck parking. (04:13:53) Kyle Woosley, Costa Mesa, represented the Chamber of Commerce and, spoke in support of the project. (04:15:34) Scott Nguyen, Costa Mesa, stated he had met with developer and opposes the second deck; spoke on concerns with lighting; requested annual inspections of landscape; requests 10' wall; and requested mitigation measures for lights. (04:16:07) Minutes -- Regular Meeting — October 7, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED Jay Humphrey, Costa Mesa, spoke on problems from previous dealership owners; spoke on light spillage; and ongoing dialogue. (04:21:06) Speaker, Costa Mesa, agreed with Teresa Drain's comments. (04:24:03) Robin Leffler, Costa Mesa, agreed with Teresa Drain's comments; concern with 2nd story parking; light spillage, landscaping; and supports first plan. (04:24:14) Ron MacEachern, Senior Vice President of The Suburban Collection, spoke on the evolution of the project; and stated the updated conditions are agreeable. (04:27:44) Mayor Pro Tem Mensinger spoke on the project; spoke on the old parking structure; the process; likes the project; and 10' wall on one section. (04:39:11) Mayor Righeimer spoke on the memorandum and micromanagement; lights moved back; stated all issues addressed by Planning Commission; and disappointed with appeal. (04:47:13) MOVED/SECOND. Mayor Righeimer/Council Member Monahan MOTION: Approve Planning Commission's approvals with the addition to add the 10' wall on two houses; and remove Conditional Use Permit from 1988. (04:50.16) Council Member Leece stated that she will not support the motion. (04:50:33) Council Member Genis spoke on history of parcel of land; previous monument sign; requested concessions not be folded into conditions of approval; requests the ramp be fully enclosed; and all conditions reflect items that happened in the hearing. (04:53:53) SUBSTITUTE MOTION: MOVED/SECOND: Council Member Genis/Council Member Leece Approve the dealership, subject to amended conditions of approval. The motion failed by the following roll call vote: Ayes: Council Member Genis and Council Member Leece Nays: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Absent: None Motion failed: 2-3 Minutes — Regular Meeting — October 7, 2014 - Page 8 UNOFFICIAL UNTIL APPROVED ORIGINAL MOTION MOVED/SECOND. Mayor Righeimer/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 and Council Member Leece Absent: None Motion carried: 3-2 ACTION: 1. City Council found that the project was categorically exempt from CEQA per the Class 32 Categorical Exemption for infill development; 2. Approved second amendment to Planning Application PA -88-134 for the Orange Coast Buick/GMC/Cadillac dealership to construct a 34,000 square foot second floor parking deck over a portion of the previously permitted 52,779 square foot automotive dealership building, as well as a portion of the proposed parking lot, for storage of vehicle inventory; 3. Approved Administrative Adjustment to deviate from rear yard setback requirements of 50 -feet to 32 -feet; 4. Approved a Planned Sign Program, removing the existing 40 -foot high freestanding sign and replacing it with two new 23 -foot high freestanding signs that will be approximately 190 -feet apart; and 5. Directed the applicant to work with property owners at 458 and 452 Princeton Dr. to provide a maximum 10 -foot high perimeter, and an 8 -foot high perimeter for the remaining properties on Princeton Dr. OLD BUSINESS — NONE NEW BUSINESS 1. PROPOSED URBAN MASTER PLAN SCREENING REQUEST (UMP -14-04) FOR A 32 -UNIT DETACHED 3 -STORY LIVEIWORK DEVELOPMENT WITH ROOFTOP DECKS TO BE LOCATED AT 1672 PLACENTIA AVENUE Antonio Gardea, Senior Planner, presented the Staff Report. (05:10:15) Chad Brown, applicant, spoke on the project addressing parking; and open space concerns. (05:18:51) Mayor Righeimer spoke on impact fees. (05:24:20) Mayor Pro Tem Mensinger spoke on trash collection; power poles; and storefronts. (05:25:26) Discussion ensued on the trash collection process and the Sanitary District. (05:26:55) Minutes — Regular Meeting -- October 7, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED Council Member Leece spoke on the type of businesses to be at location; and the General Plan. (05:27:33) Discussion ensued on parking spaces. (05:34:42) Public Comments: Jay Humphrey, Costa Mesa, spoke on cumulative traffic effects; no backyards; and open space. (05:36:21) Robin Leffler, Costa Mesa, spoke on parking concerns; density; and car trips. (05:39:35) Chris McEvoy, Costa Mesa, spoke in opposition of the development. (05:42:18) T. Koken, Costa Mesa, spoke in opposition of the project. (05:45:11) Richard Huffman, Costa Mesa, spoke in opposition of the project. (05:46:24) Greg Tunnell, Costa Mesa, spoke on concerns regarding traffic; and congestion. (05:48:22) Speaker, Costa Mesa, spoke in opposition to the live work projects; and deviations. (05:51:38) Flo Martin, Costa Mesa, spoke on parking concerns; need for fewer units; and more common parking areas. (05:53:18) Council Member Leece spoke on density of the project; no open space; and concern with too much traffic. (05:55:37) Council Member Genis spoke on size of parking spaces; and building design. (05:56:28) Mayor Righeimer spoke in support of the roof decks. (05:58:03) ACTION: City Council provided feedback on the project. Minutes — Regular Meeting — October 7, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED MOTION: To continue the meeting past midnight MOVED/SECOND: Council Member Monahan/Council Member Leece 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 2. REQUEST FOR AMENDMENTS TO COUNCIL POLICY 400-2 REGULATIONS GOVERNING FIREWORKS -- Office of the Chief Executive Officer ACTION: Item was continued to the October 21, 2014 City Council meeting ITEMS REMOVED FROM THE CONSENT CALENDAR (06:00:21) 3. WARRANT RESOLUTION NO. 2523 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-18 "A" FOR $129.12, 14-19 FOR $2,029,407.87, 1419 "A" FOR $4,281.28, AND 14-20 FOR $2,116,460.46; AND CITY OPERATING EXPENSES FOR $3,093,615; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID Public Comments: T Koken, Costa Mesa, spoke on a payment to an employee. (06:00:34) MOVED/SECOND: Mayor Righeimer/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: Approved Warrant Resolution No. 2523, to be read by title only and further reading waived. Minutes -- Regular Meeting — October 7, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED 4. APPROVE RESOLUTIONS FOR THE APPLICATION OF GRANT FUNDS FROM THE ARTERIAL PAVEMENT MANAGEMENT PROGRAM FOR THE BRISTOL STREET (FROM THE 405 FREEWAY TO RANDOLPH AVENUE) AND THE BEAR STREET (FROM WAKEHAM PLACE TO THE 405 FREEWAY) PROJECTS Public Comments: Flo Martin, Costa Mesa, spoke on grant monies; and prevailing wage. (06:01:34) 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 adopted Resolution No. 1466, to be read by title only and waived further reading, for the submittal of a grant application to the Orange County Transportation Authority (OCTA), Arterial Pavement Management Program (APM) for the Bristol Street from the 405 Freeway to Randolph Avenue Project; 2. Adopted Resolution No. 14-67, to be read by title only and waived further reading, for the submittal of a grant application to the Orange County Transportation Authority (OCTA), Arterial Pavement Management Program (APM) for the Bear Street from Wakeham Place to the 405 Freeway Project; and 3. Authorized the Public Services Director as the City's authorized representative. CONTINUED PUBLIC COMMENTS (06:03:23) Chris McEvoy, Costa Mesa, spoke on students voting on Measure P. (06:03:31) Beth Rafakes, Costa Mesa, spoke about the Military Affairs Team. (06:07:03) Greg Tunnel[, Costa Mesa, spoke on standards and hypocrisy. (06:10:11) Robin Leffler, Costa Mesa, spoke on civility; budgets; and campaign emails. (06:13:38) Speaker, Costa Mesa, spoke about the Mayor; addressing Council; and medical marijuana legal billing. (06:17:13) Minutes — Regular Meeting — October 7, 2014 - Page 12 UNOFFICIAL UNTIL APPROVED Brian Harris, Costa Mesa, spoke in opposition of changing Council Policy 400-2 pertaining to fireworks; supports the sale of safe and sane firework as the sales supports organizations. (06:20:50) REPORT -- CITY ATTORNEY — NONE ADJOURNMENT -- To the Regular Meeting, October 21, 2014, 5:00 p.m. The Mayor adjourned the meeting at 12:25 a.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — October 7, 2014 - Page 13 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, COSTA MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY July 16, 2013 CALL TO ORDER The meeting was called to order by the Mayor at 5:00 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, and Council Member Genis Council Members Absent: Council Member Monahan (Arrived at 6:10 p.m.) PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE CLOSED SESSION The City Council recessed into closed session at 5:04 p.m. to consider the following items.- Conference tems: 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 California Government Code Section 54957.6 2. Conference with legal counsel regarding existing litigation: Costa Mesa Employees Association v. City of Costa Mesa, a municipal corporation, et al., Orange County Superior Court Case No. 30-2011 00475281, pursuant to California Government Code Section 54956.9(a). 3. Conference with legal counsel regarding existing litigation: City of Costa Mesa v. D'Alessio Investments, LLC, a Nevada Corporation; et al.: Orange County Superior Court Case No. 30-2011-00468876, pursuant to California Government Code Section 54956.9(a). The City Council reconvened at 6:00 p.m. CALL TO ORDER (00:00:12) Minutes — Regular Meeting — July 16, 2013 - Page 1 UNOFFICIAL UNTIL APPROVED PLEDGE OF ALLEGIANCE (00:00:15) — Led by Council Member Leece MOMENT OF SOLEMN EXPRESSION - NONE ROLL CALL (00:00:48) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan (arrived at 6:10 p.m.). 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, Interim City Engineer Fariba F'azeli, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:01:00) The City Attorney stated that there was no reportable action. ANNOUNCEMENTS (00:02:00) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS - NONE PUBLIC COMMENTS (00:04:17) Martin Millard, Costa Mesa, spoke about code enforcement, and a public records request he submitted. (00.04:36) Sheila Pfafflin, Costa Mesa, expressed her opposition to the W. 18th Street development. (00:07:10) Jay Humphrey, Costa Mesa, spoke on the Visioning Workshop, and fireworks. (00:09:55) Beth Refakes, Costa Mesa, commented on fireworks, and attendance at the General Plan meetings. (00:12:20) Speaker, Costa Mesa, expressed support of banning fireworks. (00:14:49) Robin Leffler, Costa Mesa, played a video clip of the Mayor speaking about the Charter. (00:16:07) Minutes — Regular Meeting — July 16, 2013 - Page 2 UNOFFICIAL UNTIL APPROVED COUNCIL. MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS Council Member Leece spoke on fireworks and the formation of a subcommittee to study fireworks; liquor licenses and Alcohol Beverage Control training; General Plan workshops; upcoming meeting for the improvement of the 405 freeway; appeal of the temporary lights at Harper School; field use at Fairview Developmental Center; fields at Whittier School; costs for the field ambassador and the repair and maintenance of the lights; the 60th Anniversary Committee volunteers; and 2.5 Franchise Fee on Consent Calendar Item 6. (00:19:52) Council Member Monahan spoke about Triangle Square; West 18th Street Development; firework safety and fireworks as an opportunity for youth groups to raise money; AYSO 97 and the lights at Harper School; field use by Costa Mesa and Newport Beach residents; code enforcement; multi -family complexes; and Eastside street improvements. (00:30:18) Mayor Righeimer responded to public comments regarding a video clip of him speaking; spoke about the charter and process; the Fourth of July holiday and enforcement; Westside project; upgrades and improvements to the city; and public employee pensions. (00:39:02) Mayor Pro Tem Mensinger expressed his support for the 18th Street Development; spoke on developments and traffic concerns that never came to fruition; improvements in the city; Fourth of July week; safe and sane fireworks; the 60th Anniversary event; thanked staff for their efforts to solve an issue; and expressed support for the lights at Harper School. (00:50:56) Council Member Genis spoke on Quonset huts, the Metro Pointe development, and public noticing; expressed concerns regarding fireworks; thanked TNT for cleaning up the parks; spoke on Measure V from 1990 regarding conflict of interest and campaign contributions; and thanked for the installation of the bluebird boxes in the parks. (01:02:17) Ex -Parte Communications: Council Member Leece disclosed she had a conversation with Jennifer Muir of Orange County Employees' Association regarding pension reform. (01:10:10) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:11:05) CEO Hatch spoke about franchise fee and gross receipts related to Consent Calendar Item 6; the public records request process and code enforcement; discount coupons for admission to the Orange County Fair; the upcoming Target Symphony in the Cities event; the 60th Anniversary Committee; and noted a request to change the public hearing date from August 20, 2013 to September 3, 2013 for Consent Calendar Item 5. Minutes — Regular Meeting — July 16, 2013 - Page 3 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (01:17:23) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8 except for Items 3 and 5. MOVEDISECOND: 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. Noes: None Absent: None Abstain: Mayor Righeimer (on Consent Calendar Item No. 8) Motion carried: 5-0 (Items 1-8, excluding Item Nos. 3, 5, and 8) Motion carried: 4-0-1 (on Consent Calendar Item No. 8) 1. READING FOLDER a. Claims received by the City Clerk: Robert G. Voll and Robert McKenzie b. Requests for Alcohol Beverage Control Licenses: 1. For Filomena's, LLC, dba Filomena's Italian Kitchen, at 2400 Newport Boulevard #4, an original State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). 2. For 3 Men and a Dog, LLC, dba Jerry's Wood Fired Dogs, at 1510 Adams Avenue, Suite B, an original State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). 3. For Akenavin Corporation, dba Nimman Thai Cuisine, 1450 Baker Street, Suite C, a person-to-person transfer of a State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). 4. For Costa Mesa 55 Tavern & Bowl, LLC, dba Costa Mesa Tavern & Bowl, 1875 Newport Boulevard, Suite L1-111, a person-to-person and premise - to -premise transfer of a State Alcoholic Beverage Control (ABC) License Type "47" (On -Safe General, Eating Place). ACTION: Received and filed 2. MINUTES: Regular Meeting of May 21, 2013. ACTION: Approved. Minutes — Regular Meeting — July 16, 2013 - Page 4 UNOFFICIAL UNTIL APPROVED 4. WARRANT RESOLUTION 2481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-13 "A" AND 13- 14 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-13 "A" for $-4,018.38, Payroll No. 13-14 for $2,003,177.64 and City operating expenses for $1,611,197.25. ACTION: Approved. 6. PROFESSIONAL SERVICES AGREEMENT FOR REFUSE REMOVAL SERVICES AT CITY FACILITIES 1. City Council approved the Professional Services Agreement with Ware Disposal Company, Inc., 1018 N. Lincoln Street, Santa Ana, CA 92701, for a two (2) year contract for Refuse Removal Services at City facilities for a not -to exceed cost of $108,921 annually, if the parties subsequently agree in writing; and 2. Authorized the Public Services Director to extend the Professional Services Agreement each fiscal year, for up to a maximum of five (5) additional one- year terms, as applicable, only if the rate increase is equal to or less than the annual Consumer Price Index (CPI). 7. PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE FAIRVIEW PARK WETLANDS BOARDWALK ACTION: 1. City Council awarded a contract to David Volz Design, 151 Kalmus Drive, Costa Mesa, CA 92626 in the amount of $124,895 for professional services for the Design of the Fairview Park Wetlands Boardwalk Project; and 2. Approved Budget Adjustment No. 14-004 in the amount of $124,895; and 3. Authorized the Mayor and the City Clerk to execute the Professional Services Agreement and Budget Adjustment. Minutes — Regular Meeting -- July 16, 2013 - Page 5 UNOFFICIAL UNTIL APPROVED 8. FIRST AMENDMENT TO COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PREDEVELOPMENT LOAN AND COMMITMENT OF HOME PROGRAM FUNDS AGREEMENT MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Ayes: Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, Council Member Monahan Noes: None Abstain: Mayor Righeimer, due to a conflict of interest as he is a Board Member for Mercy House. Motion carried: 4-0-1 ACTION: City Council and Housing Authority approved the First Amendment to Community Housing Development Organization (CHDO) Predevelopment Loan and Commitment of HOME Program Funds Agreement ("First Amendment") by and among the City of Costa Mesa ("City") and the Costa Mesa Housing Authority ("Housing Authority") and Mercy House CHDO, Inc. ("Mercy House") and Wakeland Housing and Development Corporation ("Wakeland"). The Mercy House and Wakeland team is collectively referred to as "Developer". The First Amendment increases the Predevelopment Loan by $85,257, which results in a total commitment of up to $585,257 in prior years' HOME funds for a permanent supportive housing project to serve the Costa Mesa homeless population. ITEMS REMOVED FROM THE CONSENT CALENDAR (01:18:09) 3. WARRANT RESOLUTION 2480: 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 $1,117,692.37. (01:18:18) Mike Hermanos, Costa Mesa, spoke regarding the payment to Kim Barlow, Jones & Mayer. (01:18:29) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None Motion carried: 5-0 ACTION: Approved. Minutes — Regular Meeting — July 16, 2013 - Page 6 UNOFFICIAL UNTIL APPROVED 5. NOTICE OF INTENT FOR THE VACATION OF A PORTION OF FULLERTON AVENUE AT 1826 FULLERTON AVENUE (01:18:07) MOTION/SECOND: Council Member Monahan/Council Member Genis 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. Noes: None Absent: None Motion carried: 5-0 ACTION: 1. City Council set a public hearing on September 3, 2013 for the vacation of a portion of Fullerton Avenue Right -of -Way (ROW); and 2. Adopted Resolution of intent to vacate a portion of Fullerton Avenue Right -Of - Way (ROW). PUBLIC HEARINGS — (01:20:21) 1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS (01:20:22) Staff report provided by Bobby Young, Finance and I.T. Director. (01:20:46) Discussion ensued regarding compliance; researching case files; and availability of spreadsheets. (01:22;53) Council Member Genis inquired if the lien at 2920 Royal Palm Drive should be on the list. (01:27:05) Public Comments: Robin Leffler, Costa Mesa, spoke on the interruption of speakers; and expressed support of reviewing the people on the list. (01:29:23) Sheila Pfafflin, Costa Mesa, expressed concern about proceeding due to anomalies raised; and spoke regarding the process being consistent and accurate. (01:30:49) Erik Jolliff, Costa Mesa, spoke about his property and his efforts to remedy the violation. (01:31:55) Minutes — Regular Meeting — July 16, 2013 - Page 7 UNOFFICIAL UNTIL APPROVED MOTION: Adopt Resolution No. 13 -XX entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations"; and direct staff to Remove #12 and #18 from the Special Assessment Liens List, Willa Bouwens-Killeen, Acting Chief of Code Enforcement, indicated that #12 is still on the list. (01:39:39) Council Member Monahan amended his motion to remove #18 only. (01:39:59) AMENDED MOTION: Adopt Resolution No. 13 -XX entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations"; and direct staff to Remove #18 from the Special Assessment Liens List. MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Mensinger Discussion ensued on the research of items on the agenda, the Special Assessment Liens process, code enforcement, policy change, and staff discretion regarding deadlines to pay fines. (01:40:15) 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. Noes: None Absent: None Motion carried: 5-0 Discussion ensued regarding options available for #18 on the Special Assessments list. (01:52:30) MOTION: Direct staff to omit #18 on the property tax roll and work with the property owner. MOVEDISECOND: 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. Noes: None Absent: None Motion carried: 5-0 OLD BUSINESS - NONE NEW BUSINESS (01:56:38) Council Member Monahan indicated he must recuse himself from New Business Item #2, as he lives within 500' and he left the Council Chambers. (01:56:53) Minutes — Regular Meeting -- July 16, 2013 - Page 8 UNOFFICIAL UNTIL APPROVED Mayor Righeimer requested that New Business Item #2 be heard out of order. (01:57:10) 2. GENERAL PLAN SCREENING GPS -13-02 - FOR PROPOSED 208 -UNIT RESIDENTIAL APARTMENT PROJECT AT 1973 NEWPORT BOULEVARD (01:57:27) Staff report provided by Minoo Ashabi, Principal Planner. (01:57:50) Discussion ensued regarding peak hour trips. (02:01:15) Ex -Parke Communications: Mayor Pro Tem Mensinger informed that he spoke with the developer. (02:02:38) Mayor Righeimer informed that he spoke with the broker. (02:02:42) Pat Helgeson, representative from Province Group, spoke about the project and addressed concerns. (02:02:57) Discussion ensued regarding Province Group's other projects; affordable units and the Regional Housing Needs Assessment; and similarities and differences between the proposed project and the Fairfield project. (02:12:07) Public Comments: Ken Nyquist, Costa Mesa, expressed opposition to the General Plan Amendment. (02:18:08) Mary Jo Baretich, President of the Golden State Manufactured -Home Owners League, expressed opposition to the General Plan Amendment. (02:22:40) James Wiener, Costa Mesa, expressed opposition to the General Plan Amendment. (02:25:50) Janet Nyquist, Costa Mesa, expressed opposition to the General Pian Amendment. (02:29:21) Ginger Roberts, Costa Mesa, expressed opposition to the General Plan Amendment. (02;32:12) Koreen Lieber, Costa Mesa, expressed opposition to the General Plan Amendment. (02:33:24) Sandy Johnson, Costa Mesa, expressed opposition to the General Plan Amendment. (02:36:55) Minutes -- Regular Meeting — July 16, 2013 - Page 9 UNOFFICIAL UNTIL APPROVED Marlene Harrell, Costa Mesa, expressed opposition to the General Plan Amendment. (02:41:03) Valarie Hartzell, Costa Mesa, expressed opposition to the General Plan Amendment. (02:44:00) Robin Leffler, Costa Mesa, expressed opposition to the General Plan Amendment. (02:46:44) Bud Petty, Costa Mesa, expressed opposition to the General Plan Amendment. (02:50:02) Jay Humphrey, Costa Mesa, expressed opposition to the General Plan Amendment. (02:51:07) Dominick Giambona, Costa Mesa, expressed opposition to the General Plan Amendment and requested to have more time spent on the development. (02:53:39) John Curtis, Costa Mesa, expressed opposition to the General Plan Amendment and requested that the area be rezoned as something other than a high-density project. (02:56:33) Nora Lugo, Costa Mesa, expressed opposition to the General Plan Amendment. (02:58:34) Larry Sutton, owner of Orange County Trailer Supply, informed that he owns land that is shown on the map as part of the project and stated he would not be selling his land. (02:00:02) Rachael Ursulo, Costa Mesa, expressed opposition to the General Plan Amendment. (03:01:05) Beth Refakes, Costa Mesa, expressed opposition to the General Plan Amendment. (03:02:01) Thea Stanton, Costa Mesa, expressed opposition to the General Pian Amendment. (03:05:06) Kathy Motley, Costa Mesa, spoke on Province Group's presentation and notification of the public; and expressed opposition to the General Plan Amendment. (03:05:57) Sheila Pfafflin, Costa Mesa, expressed concerns regarding the lack of notification of the residents; expressed opposition to the General Plan Amendment; and Minutes — Regular Meeting — July 16, 2013 - Page 10 UNOFFICIAL UNTIL APPROVED spoke on the absence of an analysis of senior citizen housing requirements in the staff report. (03:07:55) Mark Garando, Costa Mesa, expressed opposition to the General Plan Amendment. (03:10:13) Dominick Giambona, Costa Mesa, spoke on the mobile -home parking being a "gem" community. (03:13:00) Frank Alvarez, Costa Mesa, expressed opposition to the General Plan Amendment. (03:13:04) Joel French, Costa Mesa, expressed opposition to the General Plan Amendment. (03:17:50) Discussion ensued regarding the properties in negotiation; parcels that have yet to be acquired; and the applicant's request. (03:18:58) City Attorney Duarte advised that the item can be continued and tabled in order to request more information on the item. (03:22:36) Mayor Righeimer spoke on the issue of the mobile home park owner's rights, the process of changing a zone, affordable housing, and zone changes involving motels; and expressed concern with moving forward with the project. (03:22:50) Council Member Genis expressed concerns regarding the easement through Sandpiper, the high-density project, children at the bus stop, and the loss of affordable and senior housing; and expressed opposition to the General Plan Amendment. (03:27:33) Council Member Leece expressed concern regarding the parking, traffic, fire study, and the taking away of affordable housing; informed of the minimal amount of green space; and expressed opposition to the General Plan Amendment. (03:29:27) Mayor Pro Tem Mensinger indicated that the project had many unanswered questions, and requested staff to come back with the ultimate disposition of the property. (03:31:52) MOTION/SECOND: Mayor Pro Tem Mensinger/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 Noes: None Abstain: Council Member Monahan Motion carried: 4-0-1 Minutes — Regular Meeting — July 16, 2013 - Page 11 UNOFFICIAL UNTIL APPROVED ACTION: City Council denied General Plan Amendment request for processing to amend the land use designation from General Commercial (CG) to High Density Residential (HDR) related to development of a 208 -unit apartment complex project. 1. URBAN MASTER PLAN SCREENING (UMP -13-04) FOR A 29 -UNIT LIVEIWORK DEVELOPMENT LOCATED AT 643 AND 651 W. 17TH STREET AND 1677 SUPERIOR AVENUE (03:46:55) Ex -Parte Communications: Council Member Leece disclosed that she met with Roger Vincent and Mr. Peter Lauener. (03:47:15) Mayor Pro Tem Mensinger informed that he spoke on the phone with the developer. (03:47:24) Staff report provided by Minoo Ashabi, Principal Planner. (03:47:30) Peter Lauener, President of Intracorp Companies, spoke about the project. (03:51:35) Discussion ensued regarding traffic and trip generation; reconfiguring the intersection; the fire access; zoning; density; the architecture and aesthetics of the project; and the General Plan update traffic studies. (03:59:18) Public Comments: Sheila Pfafflin, Costa Mesa, expressed concern with the high density and increase in traffic. (04:11:30) Jay Humphrey, Costa Mesa, read comments on behalf of Eleanor Egan regarding the project. (04:14.17) Jay Humphrey, Costa Mesa, expressed concern regarding traffic and housing in an industrial area. (04:15:48) Mark Rondo, Costa Mesa, expressed concern regarding the floor plans, parking workspaces, the top deck, and the industrial complex next door. (04:16:07) Beth Refakes, Costa Mesa, expressed concerns regarding the daily trip increase, the intersection, pedestrian safety, and congestion in the area. (04:19:23) Minutes — Regular Meeting — July 16, 2013 - Page 12 UNOFFICIAL UNTIL APPROVED Robin Leffler, Costa Mesa, expressed concerns with guest parking; spoke on the possibility of the whole project turning into residential; a shade and shadow analysis; urged Council to wait for the General Plan review before making decision; and recommended having design standards. (04:22:37) Council Member Genis expressed concern regarding the workspace being too small and the placement of the parking spaces. (04:25:51) Mayor Pro Tem Mensinger spoke on the types of businesses that typically go into live/work and the configuration of the project. (04:27:10) Discussion ensued regarding the buffer, a homeowners' association and HOA enforcement. (04:28:14) ACTION; City Council provided feedback on the proposed 29 -unit live/work project within the 19 West Urban Plan Area. REPORT -- CITY ATTORNEY - NONE The Mayor adjourned the meeting at 10:42 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — July 18, 2013 - Page 13 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL JOINT STUDY SESSION OF THE CITY COUNCIL AND PLANNING COMMISSION January 28, 2094 CALL TO ORDER The meeting was called to order by the Mayor at 4:35 p.m. at the Emergency Operations Center (EOC), Civic Center, 77 Fair Drive, Costa Mesa, California, ROLL CALL Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Monahan, Council Member Genis, Commissioner McCarthy, Commissioner Sesler, and Chair Fitzpatrick. Absent: Council Member Leece, Vice Chair Dickson, and Commissioner Matthews Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant CEO Rick Francis, Economic and Development Services Director. Gary Armstrong, Public Services Director Ernesto Munoz, Senior Planner Minoo Ashabi, and City Clerk Brenda Green. GENERAL PLAN UPDATE -- LAND USE ALTERNATIVES (00:01:10) Presentation by Laura Stetson from MIG. (00:01:30) PUBLIC COMMENTS (00:58:55) Jay Humphrey, Costa Mesa, spoke on density, park space, impact fees, and urbanization of the Westside. (00:59:00) Perry Valantine, Costa Mesa, spoke about potential development in areas A, B, G and F; and expressed concerns regarding density and development impacts on Harbor Boulevard, Newport Boulevard, and areas of the Westside. (01:01:37) COUNCIL AND COMMISSION COMMENTS (01:03:15) Mayor Righeimer read a letter from Council Member Leece regarding traffic impacts, density, involvement of residents in the process, mobile home parks, and changes to Area E in the Westside Mixed Use and Overlay zone. (01:03:21) Council Member Genis spoke on high density housing, affordable housing, maximizing development potential, long-term economic viability of elements in the General Plan, industrial shifting to high density residential, mobile home uses, the number of police calls, and stress on infrastructure. (01:04:45) Minutes — Special Joint Study Session — January 28, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED Commissioner McCarthy spoke about vacant and underutilized spaces, the north area of Costa Mesa and the opportunity to grow in the area, the number of apartments recently built in the city, traffic impacts, bikeability, and walkability. (01:10:07) Mayor Righeimer commented on residential apartment buildings, traffic mitigation, and fixing properties in Area A; consolidation of properties on Harbor Boulevard; motels, Westside land use and overlays, and traffic on Newport Boulevard; densities with two properties in the Westside; traffic issues, the Baker apartment project, and offices in the SoBeca area; and consolidation in the airport area. (01:13:33) Council Mernher Genis commented on vacancy rate in the SoCo area, expressed concern in the loss of industrial, and retail space available at South Coast Plaza. (01:24:44) City Council and Commission directed staff regarding land use alternatives, areas that do not need to be addressed, daily trips, consolidation of lots on Harbor Boulevard, and the area north of Baker Street (Area F). (01:26:27) Gary Armstrong, Economic and Development Service Director, spoke of the next steps in the process. (01:32:46) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Mayor Righeimer adjourned the meeting at 6:08 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Special Joint Study Session — January 28, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL STUDY SESSION OF THE COSTA MESA CITY COUNCIL February 10, 2015 CALL TO ORDER The meeting was called to order by the Mayor at 5:01 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. Location changed from Conference Room 1 A to the Council Chambers. ROLL CALL (00:00:28) Present: Mayor Mensinger, Mayor Pro Tem Righeimer, Council Member Monahan, and Council Member Genis Absent: Council Member Foley (Arrived at 5:30 p.m.) Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant CEO Rick Francis, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, Interim Finance Director Stephen Dunivent, and City Clerk Brenda Green. PUBLIC COMMENTS (00:00:48) Flo Martin, Costa Mesa, spoke on debt management; and paying on the unfunded debt liability. (00:01:12) Mary Spadoni, Costa Mesa, spoke on the funding of the community app "Nixie" for the Police Department; and paying on the unfunded debt liability. (00:03:15) Tamar Goldmann, Costa Mesa, spoke in support of paying on the unfunded debt liability; and supports incentives for Police Officers. (00;05:12) ITEMS FOR DISCUSSION CEO Hatch provided an overview and staff report on financial and budget polices to be presented by Interim Finance Director Stephen Dunivent; spoke on five areas: general, revenue management, general expenditure management, minimum general fund balance, reserve and cash requirements, and debt management. Discussion on the interest savings on the Fire Side Fund. (00:06:36) Minutes — Special Study Session — February 10, 2015 - Page 1 UNOFFICIAL UNTIL APPROVED 1. (FINANCIAL AND BUDGET POLICIES Interim Finance Director Stephen Dunivent provided an overview of the Financial and Budget Policies; and presented a Power Point Presentation. (00:10:05) Mayor Pro Tem Righeimer spoke on cumulative savings of paying off pensions early; prepayments; Fire Side Fund; and concerns with fund payments on interest. (00:18:02) Council Member Monahan spoke on 7.5% fixed interest rate. (00:20:40) Council Member Genis requested clarification on fees and charges; and full cost recovery. (00:21:07) CEO Hatch stated that the City Council sets the fees and charges. (00:22:14) Discussion ensued on budget transfers between departments and their limits; and Council approval needed to transfer money between funds; and accountability for grants. (00:24:42) Ernesto Munoz, Public Services Director, spoke on reimbursable type grants. (00:28:50) Council Member Genis discussed net operating surplus. (00:27:24) Mr. Dunivent discussed changes in fund balance reported in the CAFR; and reviewed the budget variance. (00:28:04) Council Member Foley arrived 5:30 p.m. Mayor Mensinger requested a 5 year review of the past self-insurance reserves. (00:30:48) CEO Hatch advised that the policies will be brought to a future City Council meeting for formal adoption. (00:31:40) Council Member Genis requested clarification of various terms in the policy. (00:32.08) Mayor Pro Tem Righeimer spoke on operating carryover; surplus and paying off pension debt; and Fire and Police contributions to pay unfunded liability. (00:32:34) Council Member Monahan spoke on concerns of priorities of the policy. (00:33:50) Minutes --- Special Study Session -- February 10, 2015 - Page 2 UNOFFICIAL UNTIL APPROVED Council Member Foley advised that the Financial Advisory Committee had a lengthy discussion on the prioritization; unfunded pension liability was not the focus; and paying down debt not related to pensions. (00:36:31) ACTION: City Council provided Staff feedback regarding the Financial & Budget Policies. 2. FISCAL YEAR 2014-15 MID -YEAR BUDGET REPORT CEO Hatch provided an overview and staff report on the mid -year report; including the fiscal year status; summary of revenues and expenditures by division; and allocation of the contingency account. (00:39:36) Interim Finance Director Stephen Dunivent provided an overview of the Fiscal Year 2014-15 mid -year budget report; review of the CAFR; and a new budget variance of $6 million. (00:40:53) Council Member Monahan spoke on carryovers and requested a copy. (00:45:56) Mr. Dunivent spoke on the $2 million in the reserves; and $4 million for Capital Facilities. (00:48:03) Discussion ensued on the shift of unassigned fund balance. (00:50:06) CEO Hatch spoke on the allocation of capital facility funds allocated by approval only for specific projects. (00:51:06) Council Member Monahan requested from the Public Services Department a 7 -year capital improvement program; and a current budget projections to be included with staff report. (00:51:41) Discussion ensued on capital facilities and the vote of the Council. (00:53:00) Council Member Genis spoke on the general fund reserve; adopted budget ending balance; and the CAFR. (00:54:06) Discussion ensued with Council Member Monahan and Ernesto Munoz spoke on the gas tax funds and grants, and the Narcotics Forfeiture Fund. (01:06:53) Council Member Foley requested clarification of certain allocation in the General Fund Contingency Account. (01:10:21) Discussion ensued on parking citations; and red light cameras. (01:18:03) Minutes — Special Study Session — February 10, 2015 - Page 3 UNOFFICIAL UNTIL APPROVED Council Member Foley spoke on locating businesses operating without an active business license. (01:23:30) Mr. Dunivent spoke on the City's partnership with the Franchise Tax Board and comparing their files and records to those of the City's. (01:24:05) Council Member Monahan requested putting all the questions and answers in written form and include with the staff report. (01:27:47) Council Member Genis spoke on non -departmental expenditures; allocation of budget variance; and building the general fund reserves. (01:28:04) Mr. Dunivent discussed timing issues; budget transfer of general fund money to capital projects fund; and the allocation of contingency account budgeted in non - departmental section of budget. (01:29:06) Council Member Genis discussed budget variance; and allocation. (01:30:40) Discussion ensued on reserves; and rebuilding the General Fund. (01:32:11) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Council Member Genis discussed the upcoming SCAG conference in May 2015. (01:33:20) The Mayor adjourned the meeting at 6:35 p.m. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk Minutes — Special Study Session — February 10, 2015 - Page 4 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND SPECIAL AGENDA FOR THE HOUSING AUTHORITY, SPECIAL AGENDA FOR THE ORANGE COUNTY FAIRGROUNDS AUTHORITY, AND SPECIAL AGENDA OF THE PUBLIC FINANCING AUTHORITY February 17, 2015 CALL TO ORDER The meeting was called to order by the Mayor at 5:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Mensinger, Mayor Pro Tem Righeimer, Council Member Foley, Council Member Genis and Council Member Monahan Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS CLOSED SESSION The City Council recessed into Closed Session at 5:05 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Costa Mesa Police Management Association (CMPMA), pursuant to California Government Code Section 54957.6 Mayor Mensinger and Mayor Pro Tem Righeimer will recuse themselves from Item #2, potential conflict of interest due to a lawsuit with the POA. 2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Costa Mesa Police Officers Association (CMPOA), pursuant to California Government Code Section 54957.6 The City Council reconvened at 5:45 p.m. 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. Minutes -- Regular Meeting — February 17, 2015 - Page 1 UNOFFICIAL UNTIL APPROVED CALL TO ORDER (00:00:18) PLEDGE OF ALLEGIANCE (00:00:31) — Mayor Mensinger MOMENT OF SOLEMN EXPRESSION (00:01:02) Rabbi Reuven Mintz, Chabad Jewish Center ROLL CALL Present: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger 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. CITY ATTORNEY CLOSED SESSION REPORT (00:03:40) • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None Council Member Foley stated all Council Members received an email from Bob Simonson regarding the street sweeping contract, Consent Calendar Item #7. (00:03:47) ANNOUNCEMENTS (00:04:08) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:06:36) Mayor Mensinger introduced new officiers of the 1St Battalion 5th Marines from Camp Pendleton; and presentation by Lieutenant Colonel Mark Carlton. (00:06:38) PUBLIC COMMENTS (00:13:51) Lori Ann Robeson, Costa Mesa, representing Residents for Responsible Desalination spoke on their town half meeting on Thursday March 5, 2015 in regards to Poseidon on our Shores. (00:14:31) Chuck Perry, Costa Mesa, thanked Staff for fixing median at 17th St. and work on Industrial Way; and spoke in support of another skate park and safety. (00:17:10) Minutes — Regular Meeting — February 17, 2015 W Page 2 UNOFFICIAL UNTIL APPROVED Beth Rafakes, Costa Mesa, spoke on community outreach meeting conflicts; supports budget workshops; the 55 freeway extension study; and the thanked 115 marines for their service. (00:18:45) Gay Royer, Costa Mesa, spoke on the Coffee with a Cop event; thanked volunteers with the 115; and spoke in support of Veterans and caring for them. (00:21:04) Jay Humphrey, Costa Mesa, spoke on Police force staffing levels; and community outreach meeting conflicts. (00:23:25) Mrs. Drain, Costa Mesa, requested a forensic audit on the 60th anniversary event. (00:25:15) Patricia Stone, Costa Mesa, spoke on Coffee with a Cop event; spoke on the Sober Living Ordinance, spoke in support of the Police phone application used by Newport Beach; and requested CAD/RMS to be working. (00:28:47) Debbie McGuire, Costa Mesa, spoke on a transient attack on an elderly woman; and problems with the homeless. (00:31:02) Gene Hutchins, Costa Mesa, spoke on pension contributions; and normal and unfunded contributions. (00:33:05) Speaker, Costa Mesa, spoke on Council Members attending conferences on prison realignment; and Sober Living Homes. (00:36:10) James Bridges, Costa Mesa, welcomed new Interim Police Chief Lowenberg; and spoke on Pension Oversight Committee appointments. (00:38:26) Speaker, Costa Mesa, requested a forensic audit of the 60th anniversary event; spoke on the unfunded pension liability; an Economic Development Plan; Sober Living Homes; and conferences. (00:41:38) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:44:46) Mayor Mensinger requested an update of the 55 Freeway terminus; spoke on the 115 Marines and volunteering; requested an update on the hiring of police force; spoke on the transient issue at Lions Park; and appointments to the Pension Oversight Committee. (00:44:47) Minutes — Regular Meeting — February 17, 2015 - Page 3 UNOFFICIAL UNTIL APPROVED Council Member Foley welcomed Interim Police Chief Lowenberg; thanked South Coast Plaza for the Lunar New Year celebration; spoke on the TET Festival at Fairgrounds; Mesa Water update on Desalination Plant; welcomed new Costa Mesa High School football coach; spoke on problems associated with transients and homeless; fixing the CAD/RMS system and community policing; spoke on a meeting with Mrs. Drain on the 60th anniversary event; Economic Development Plan; requests Overlay Zone update; liability and staffing at skate parks; and requests a meeting on Council priorities and email notifications of events to residents. (00:48:20) Council Member Genis spoke on the desalination pipeline concerns; public survey on Fairview Park; and spoke on fiscal impacts on land use and development study. (00:56:14) Gary Armstrong spoke on the fiscal impact study. (00:59:07) Council Member Monahan had no comments. (00:59:29) Mayor Pro Tem Righeimer welcomed Interim Police Chief Lowenberg; spoke on the desalination issue; spoke on Council Member Foley meeting with residents in regards to 60th anniversary; spoke on unfunded pension liability and rates; spoke on Sober Living Homes process; meet the Mayor on March 4, 2015 at College Park; and personal vacations. (00:59:44) REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:10:44) CEO Tom Hatch stated there would be no budget Study Session on February 24, 2015; spoke on meeting dates on the website; a library meeting at NCC on March 5, 2015 at 6:00 p.m; welcomed Interim Police Chief Lowenberg; spoke on the CAD/RMS update; the prison realignment meeting; on homeless efforts; challenges; Economic Development draft Plan; and Police force staffing update. CONSENT CALENDAR (01:25:23) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 17 except for Items 7, 9, 10, and 11. MOVED/SECOND: Council Member Monahan/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motions carried: 5-0 Minutes — Regular Meeting — February 17, 2015 - Page 4 UNOFFICIAL UNTIL APPROVED 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: Claudia Gardner, John Ordaz, Darren Peralta, Lori Simpson and Breahna M. Wheeler. ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO. 2530 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-02 "A" FOR $2,294.81 AND 15-03 FOR $2,028,618.74; AND CITY OPERATING EXPENSES FOR $2,499,727.92; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID ACTION: City Council approved Warrant Resolution No. 2530, to be read by the title only, and waived further reading. 4. AMENDMENT TO EXISTING PROFESSIONAL SERVICES AGREEMENT WITH WESTERN TRANSIT, INC. ACTION: 1. City Council approved an amendment to the existing Professional Service Agreement with Western Transit Systems, Inc. to include contract driver services and a para -transit vehicle to transport seniors to medical appointments; and 2. City Council accepted the awarded grant in the amount of $106,710 from the Hoag Memorial Hospital Presbyterian Community Benefit Program to be specifically used for the Medical Transportation Program; and 3. City Council authorized the Chief Executive Officer to sign the amended 2 - year PSA with Western Transit in the amount not to exceed $213,419.70; and 4. City Council authorized the CEO to sign a Purchase Requisition for the amended PSA. Minutes — Regular Meeting — February 17, 2015 - Page 5 UNOFFICIAL UNTIL APPROVED 5. MINUTES ACTION: City Council approved the minutes of the regular meeting of the City Council, and Successor Agency of: October 21, 2014 and February 3, 2015; and the regular meeting of the City Council, Costa Mesa Housing Authority and Successor Agency of March 5, 2013, 6. 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 SANTA ANA TO RECEIVE A GRANT UNDER THE FY 2014 URBAN AREAS SECURITY INITIATIVE (UASI) ACTION: 1. City Council adopted Resolution No. 15-xx, to be read by title only, and waived further reading, that authorizes the Chief Executive Officer or his designee to execute the Sub -Recipient Agreement with the City of Anaheim to receive a grant under the FY 2014 Urban Areas Security Initiative (UASI) Grant Program; and 2. City Council authorized the Police Department to accept FY 2014 UASI reimbursement funds allocated to the City of Costa Mesa in an amount not to exceed $13,795. This amount will reimburse fire and approved city Personnel who assist with the instruction and delivery of approved UASI courses; and 3. City Council approved Budget Adjustment No. 15-010 in the amount of $13,795 to increase revenue and appropriate the grant funds to the Police Department's operating budget. 8. CITY COUNCIL AND THE PUBLIC FINANCING AUTHORITY RESOLUTIONS DISSOLVING THE ORANGE COUNTY FAIRGROUNDS AUTHORITY ACTION: 1. City Council adopted Resolution No. 15-09 to be read by title only and further reading waived: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, AUTHORIZING THE DISSOLUTION OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY; and 2. Costa Mesa Public Financing Authority adopted Resolution No. PFA 1501 to be read by title only and further reading waived: A RESOLUTION OF THE COSTA MESA PUBLIC FINANCING AUTHORITY AUTHORIZING THE DISSOLUTION OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY. Minutes — Regular Meeting — February 17, 2015 - Page 6 UNOFFICIAL UNTIL APPROVED 12. COOPERATIVE AGREEMENT FOR THE BRISTOL STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT ACTION: 1. City Council approved the Cooperative Agreement between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) for the Bristol Street Traffic Signal Synchronization (TSS) Project; and 2. City Council authorized the Mayor and City Clerk to execute the above agreement. 13. TRAFFIC SIGNAL MAINTENANCE CONTRACT ACTION; 1. City Council awarded a contract for the maintenance of the City's traffic signals commencing on March 1, 2015 with an initial term of four (4) years and an automatic renewal for an additional three (3) one-year terms to Siemens Industry, Inc., 1266 North La Loma Circle, Anaheim, CA 92806- 1801; and 2. City Council authorized the Chief Executive Officer and the City Clerk to execute the agreement. 14. COOPERATIVE AGREEMENT FOR THE HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT ACTION: 1. City Council approved the Cooperative Agreement between the City of Costa Mesa and the City of Santa Ana for the Harbor Boulevard Traffic Signal Synchronization (TSS) Project; and 2. City Council authorized the Mayor and City Clerk to execute the above agreement. 15. RESOLUTION MODIFYING THE STUDY SESSION START TIME ACTION: City Council adopted Resolution No. 15-08, to be read by title only and further reading waived,: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, CHANGING THE START TIME FOR THE CITY COUNCIL STUDY SESSION OCCURRING ON THE SECOND TUESDAY OF EACH MONTH. Minutes — Regular Meeting — February 17, 2015 - Page 7 UNOFFICIAL. UNTIL. APPROVED 16. REVIEW AND APPROVAL OF THE SUCCESSOR AGENCY'S ADMINISTRATIVE BUDGET FOR THE 15-16A SIX-MONTH FISCAL PERIOD OF JULY 11 2015 TO DECEMBER 31, 2015 ACTION: Successor Agency adopted Successor Agency Resolution No. 15 -XX, to be read by the title only, and waived further reading, approving the Successor Agency's Administrative Budget for the 15-16A Six -Month Fiscal period subject to submittal and approval by the Oversight Board pursuant to the Dissolution Law. 17. REVIEW AND APPROVAL OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE 15-16A SIX-MONTH FISCAL PERIOD OF JULY 1, 2015 TO DECEMBER 31, 2015 ACTION: Successor Agency adopted Successor Agency Resolution No. 15 -XX, to be read by the title only, and waived further reading, approving the recognized Obligation Payment Schedule for the 15-16A Six -Month Fiscal Period of July 1, 2015 to December 31, 2015 ("ROPS 15-16A"), subject to submittal to and review by the Oversight Board and then DOF. Further, the Assistant Finance Director, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s) with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF. ----------------------------------- END OF CONSENT CALENDAR ---------------------------- ------- Minutes — Regular Meeting — February 17, 2015 - Page 8 UNOFFICIAL UNTIL APPROVED Recess the City of Costa Mesa City Council Successor Agency to the Redevelopment Agency and Special Agenda for the Housing Authority, and Public Financing Authority. CONVENED TO THE ORANGE COUNTY FAIRGROUNDS AUTHORITY (01:26:15) CONSENT CALENDAR: 1. ORANGE COUNTY FAIRGROUNDS AUTHORITY RESOLUTION DISSOLVING THE ORANGE COUNTY FAIRGROUNDS AUTHORITY MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. Orange County Fairgrounds Authority adopted minutes of June 22, 2010 Special Meeting; and 2. Orange County Fairgrounds Authority adopted Resolution No. OCFA 15-01 to be read by title only and further reading waived; A RESOLUTION OF THE BOARD OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY; AUTHORIZING DISSOLUTION OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY. ADJOURNED ORANGE COUNTY FAIRGROUNDS AUTHORITY (01:27:06) Minutes — Regular Meeting -- February 17, 2015 - Page 9 UNOFFICIAL UNTIL APPROVED Convened to the City of Costa Mesa City Council Successor Agency to the Redevelopment Agency Special Agenda for the Housing Authority, and Public Financing Authority. PUBLIC HEARINGS — 7:00 P.M. (Resolution NO. 0555): None OLD BUSINESS: None NEW BUSINESS — (01:27:19) 1. FIRST READING OF AN ORDINANCE AMENDING CHAPTER IV (SENIOR COMMISSION) OF THE COSTA MESA MUNICIPAL CODE INCREASING THE NUMBER OF MEMBERS OF THE SENIOR COMMISSION Recreation Manager, Travis Karlen, provided the Staff Report. (01:27:40) Council Member Foley spoke on increasing the Committee Membership to nine. (01:29:03) MOVED/SECOND: Council Member Foley/Council Member Genis MOTION: Introduce Ordinance No. 15-02 and increase to nine Commissioners. SUBSTITUTE MOTION MOVED/SECOND: Mayor Pro Tem RigheimedMayor Mensinger The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council read by title only, waived further reading and introduced Ordinance No. 1502 increasing the number of senior commissioners from five (5) to seven (7)• 2. PARTICIPATION IN NATIONAL LEAGUE OF CITIES ANNUAL CONFERENCE CEO Tom Hatch and Public Affairs Manager, Dan Baker, provided the Staff Report. (01:35:06) Council Member Foley inquired about the brochure for the conference; and requested the specific platform and legislative items. (01:37:56) Minutes — Regular Meeting — February 17, 2015 - Page 10 UNOFFICIAL UNTIL APPROVED Council Member Genis spoke on previous attendance and usefulness of attending the conference; and recommended the Mayor to attend. (01:40:33) Mayor Mensinger spoke on the importance of attending the conference; and added he will be paying his own cost to attend. (01:43:19) Mayor Pro Tem Righeimer spoke in support of Mayor's attendance. (01:44:35) Council Member Genis spoke on the importance of having a conservative voice and stating your opinion. (01:45:34) Council Member Monahan spoke in agreement with Council Member Genis that it is important to have a conservative voice and your opinion to be heard. (01:46:52) Public Comments: Janine Smith, Costa Mesa, spoke on attending local conferences and Council. (01:47:47) MOTION: Approve Mayor and CEO attendance at the conference. MOVEDISECOND: Council Member Monahan/ The motion failed for lack of second. SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan. Approve Mayor Mensinger and CEO Thomas Hatch to attend the annual National League of Cities (NLC) Congressional City Conference and that the Mayor reimburses the City for his trip's cost. The motion carried by the following roll call vote: Ayes. Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council provided formal approval, per Council Policy 100-8 for Mayor Mensinger and CEO Thomas Hatch to attend the annual National League of Cities (NLC) Congressional City Conference, March 7-11 in Washington, D.C. and that they Mayor reimburses the City for his trip cost. Minutes — Regular Meeting — February 17, 2015 - Page 11 UNOFFICIAL UNTIL APPROVED 3. STAFF DIRECTION REGARDING THE CITY REJOINING THE LEAGUE OF CALIFORNIA CITIES Public Affairs Manager, Dan Baker, provided the Staff Report. (01:50:16) Council Member Monahan inquired about the number of Orange County Cities that are members of the League of California Cities. (01:53:03) Dan Baker replied that there are 29 cities that are both members of the League and ACC -OC. (01:53:25) Discussion ensued on benefits of rejoining the League. (01:54:49) Tony Cardenas, representing League of California Cities; spoke on the benefits of joining the League; the membership; voting members; stated the League has no position on the high speed rail (Bullet Train) and water Delta Tunnels; and discussed sales tax on the internet being explored. (01:59:24) Mayor Pro Tem Righeimer spoke on the League taking positions on important issues; undecided on Council rejoining the League; discussed the cost of $25,000; and asked when big issues will be addressed. (02:02:44) Council Member Genis spoke on empowering cities as a primary goal. (02:05:38) Council Member Foley spoke on the League assisting with many issues like Group Homes; medical marijuana; and massage businesses. (02:07:01) Tony Cardenas, spoke on strategic priorities such as pension reform. (02:09:30) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of joining the League of Cities; spoke on not supporting legal issues. (02:10:28) Speaker, Costa Mesa, spoke in support of joining the League of the Cities. (02:12:37) Gay Royer, Costa Mesa, spoke in support of joining the League of the Cities. (02:15:21) Minutes — Regular Meeting — February 17, 2015 - Page 12 UNOFFICIAL UNTIL APPROVED MOVEDISECOND: Mayor Mensinger/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: Mayor Pro Tem Righeimer Absent: None Motion carried: 4-1-0 ACTION: City Council approved membership in the league of California Cities. ITEMS REMOVED FROM THE CONSENT CALENDAR (02:26:26) 7. STREET SWEEPING SERVICES Director of Public Services, Ernesto Munoz, provided the Staff Report highlighting benefits of the company and savings. (02:26:47) Discussion ensued regarding parking enforcement on street sweeping days. (02:29:46) Council Member Monahan spoke on having GPS technology on the vehicles; and concern with ticketing problems. (02:31:33) Mr. Munoz spoke on GPS technology to monitor speeds and to .locate vehicles. (02:31:49) Council Member Genis spoke on concern of street sweeping and trash pickup service schedules; and coordinating schedules for holidays. (02:34:00) Council Member Foley spoke on inflated cost savings for a 5 year contract and not 8 years; requested monitoring the contract closely; and an automated citation program. (02:35:48) Mayor Mensinger spoke on the savings of pension costs by outsourcing employees for street sweeping services. (02:38:16) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of the process; spoke on outsourcing without a Charter. (02:38:46) Mayor Pro Tem Righeimer spoke on outsourcing street sweeping; and on the Employee Association negotiations and concessions. (02:50:45) Minutes -- Regular Meeting — February 17, 2015 - Page 13 UNOFFICIAL UNTIL APPROVED Council Member Foley stated that City Employees gave up a lot in the negotiations. (02:42:03) Mayor Pro Tem Righeimer spoke on public versus private benefits. (02:43:10) MOVED/SECOND: Council Member Monahan/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council awarded a contract for street sweeping services to CleanStreet in the annual amount of $699,600 with an initial term of five (5) years, with three (3) optional one-year renewals; and 2. City Council authorized the Chief Executive Officer and the City Clerk to execute the Agreement. 9. 2013 — 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT: HARBOR BOULEVARD ALLEY (ALLEY NO. 16) AND BERNARD STREET ALLEY (ALLEY NO. 17) IMPROVEMENT — CITY PROJECT NO. 14- 09 Public Comments: Jay Humphrey, Costa Mesa, spoke on the receipt CDBG monies; and providing for the capital improvements. (02:44:03) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — February 17, 2015 - Page 14 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council accepted the work performed by Kalban, Inc., and authorized the City Clerk to file the Notice of Completion; and 2. City Council authorized the release of the Labor and Material Bond seven (7) months after the filing date; authorized the release of the Faithful Performance Bond one (1) year after the filing date; and authorized the release of the retention monies 35 days after the Notice of Completion filing date. 10. 2014 -- 2015 CITYWIDE PARKWAY CONCRETE REPAIR AND NEW SIDEWALK CONSTRUCTION PROJECT — CITY PROJECT NO. 14-12 MOVEDISECOND: Mayor Pro Tem Righeimer/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted plans, specifications, and working details for the 2014 — 2015 Citywide Parkway Concrete Repair and New Sidewalk Construction Project, City Project No. 14-12; and 2. City Council awarded a construction contract to C.J. Concrete Construction, Inc. 10142 Shoemaker Avenue, Santa Fe Springs, California, 90670, in the amount of $575,430.00; and 3. City Council authorized the Mayor and the City Clerk to execute the Public Works Agreement. 11. WALLACE AVENUE IMPROVEMENTS FROM 19TH STREET HAMILTON STREET — CITY PROJECT NO. 1403 MOVEDISECOND: Mayor Pro Tem Righeimer/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — February 17, 2015 - Page 15 UNOFFICIAL. UNTIL. APPROVED ACTION: 1. City Council accepted the work performed by COPP Contracting Inc. and authorized the City Clerk to file the Notice of Completion; and 2. City Council authorized the release of the Labor and Material Bond seven (7) months after the filing date; authorized the release of the Faithful Performance Bond one (1) year after the filing date; and authorized the release of the retention monies 35 days after the Notice of Completion filing date. REPORT — CITY ATTORNEY — None (02:46:58) ADJOURNMENT — To the Regular Meeting, March 3, 2015, 5:00 p.m. The Mayor adjourned the meeting at 8:32 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — February 17, 2015 - Page 16