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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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)
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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
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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
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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
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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
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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
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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
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MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
COSTA MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE
ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES
AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE
READ BY TITLE ONLY AND FURTHER READING WAIVED
ACTION:
City Council waived reading in full of Ordinances and Resolutions and approved
and adopted of same by reading title only.
2. READING FOLDER
a. Claims received by the City Clerk: 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
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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
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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