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HomeMy WebLinkAbout03 - CC-3 - Minutes - 11/15/2016UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY November 1, 2016 CALL TO ORDER (00:00:03) The meeting was called to order by the Mayor at 5:49 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:00:15) — Council Member Genis MOMENT OF SOLEMN EXPRESSION (00:00:49) Pastor Phil Wood, Redemption Church, Costa Mesa ROLL CALL (00:01:56) Present: Council Member Foley (arrived at 5:51 p.m.), Council Member Genis, Council Member Monahan (arrived at 6:29 p.m.), Mayor Pro Tem Righeimer and Mayor Mensinger Absent: None Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Richard Francis, Assistant Chief Executive Officer Tamara Letourneau, Interim Development Services Assistant Director Peggy Schneble, Interim Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:02:13) • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — NONE ANNOUNCEMENTS (00:02:24) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:04:35) Mayor's Award — Rick Kapko, Community Volunteer Community Volunteer Rick Kapko received the Mayor's award. PUBLIC COMMENTS (00:12:00) Richard Russell, Costa Mesa, spoke on the election and candidates. (00:12:46) Minutes — Regular Meeting — November 1, 2016 - Page 1 UNOFFICIAL UNTIL APPROVED CC -3 Speaker, spoke on getting involved in local politics; the election and candidates. (00:15:53) Margaret Mooney, Costa Mesa, spoke on the election and candidates. (00:18:19) Jim Fitzpatrick, Costa Mesa, spoke on positive improvements in the City; and thanked the Council. (00:21:31) Beth Refakes, Costa Mesa, spoke on the Military Affairs Team Trunk or Treat event. (00:24:22) Kathy Esfahani, Costa Mesa, spoke on the election and candidates. (00:27:00) Tim Lewis, Costa Mesa, owner of Red -E -Rentals, spoke on the election and candidates. (00:30:08) Shannon Bales, Costa Mesa, spoke against using children in political campaigns. (00:33:24) Doug Vogel, Costa Mesa, spoke on the election, candidates, and campaign filings. Council Member Genis spoke on campaign filings. (00:39:33) Speaker, spoke on the election and candidates. (00:41:19) Alex Reich, Costa Mesa, spoke on transparency; the election and candidates. (00:43:21) Ned Whittemore, Costa Mesa, spoke on the election and candidates. (00:46:34) Allan Mansoor, Costa Mesa, spoke on the election; candidates; and pension reform. (00:48:25) COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:50:27) Council Member Genis spoke on the upcoming Veterans Day celebration at the the Orange County Fairgrounds; spoke on the Southern California Metroplex; spoke on commercial and industrial space in the City; impartial analysis on Measure Y; spoke on public and Council comments; and spoke on aerial spraying. (00:50:28) Council Member Monahan spoke on aerial spraying. (00:55:26) Mayor Pro Tem Righeimer spoke on election issues; campaigns; and pensions. (01:02:01) Mayor Mensinger spoke on the election and candidates. (01:10:19) Council Member Foley thanked campaign volunteers; spoke on the election and campaigns; maintenance of west side streets; Rutan & Tucker, LLP invoices; requested Minutes — Regular Meeting — November 1, 2016 - Page 2 UNOFFICIAL UNTIL APPROVED CC -3 options from staff on campaign finance reform; announced the Home Tour on December 1, 2016 and the next Get Connected meeting on January 24, 2016. (01:11:24) REPORT — CHIEF EXECUTIVE OFFICER (CEO) — (01:23:32) CEO Hatch had no items to report. City Clerk Green spoke on the early voting location at the Neighborhood Community Center. (01:23:55) CONSENT CALENDAR: (01:24:35) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7 except for 2 and 6. 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 1. READING FOLDER Claims received by the City Clerk: Gabriela Garcia ACTION: City Council received and filed. 3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF OCTOBER 4, 2016 ACTION: City Council approved the minutes of October 4, 2016. 4. AMEND EXISTING TITLE VI PROGRAM FOR THE USE OF FEDERAL TRANSIT ADMINISTRATIVE FUNDING ACTION: City Council amended the City's existing Title VI Plan as required by the California Department of Transportation. Minutes — Regular Meeting — November 1, 2016 - Page 3 UNOFFICIAL UNTIL APPROVED CC -3 5. APPROVE AGREEMENTS FOR FEDERAL -AID PROJECTS ACTION: 1. City Council approved the Master Agreement No. 12-5312F15 Administering the Agency -State Agreement for Federal -Aid Projects, and authorized the Mayor and City Clerk to execute the Agreement; and 2. Approved Resolution No. 16-80, authorizing the Public Services Director to execute all project specific Program Supplements to the Master Agreement, and authorized the Chief Executive Officer (CEO) to execute future revisions to the Master Agreement; and 3. Approved Resolution No. 16-81, authorizing the Public Services Director to execute Program Supplement No. F076 to the Master Agreement for the Bristol Street and Bear Street Rehabilitation projects. 7. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS15-00860 FOR STREET IMPROVEMENTS AT 334 E. 16TH ST., COSTA MESA, CALIFORNIA ACTION: City Council approved the refund of cash deposit in connection with Encroachment Permit No. PS15-00860 in the amount of $18,550.82 to 334 Costa Mesa Partners, LLC, 20201 SW Birch Street, Newport Beach, CA 92660. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:25:11) 1. CONTINUED: SECOND AMENDMENT TO THE SOBECA URBAN PLAN (SP - 05 -06 A2) TO ALLOW INDIVIDUAL RESIDENTIAL DEVELOPMENT AT MAXIMUM DENSITY OF 40 DU/ACRE AND AN OVERALL DEVELOPMENT CAPACITY OF 450 UNITS (01:25:20) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan (01:26:48) The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: Council Member Foley and Council Member Genis Absent: None Motion carried: 3-2 ACTION: City Council adopted Resolution No. 2016-79, approving the SoBECA Urban Plan Amendment (SP -05-06 A2) to allow residential development at maximum density of 40 du/acre and an overall development capacity of 450 units within the urban plan area. Minutes — Regular Meeting — November 1, 2016 - Page 4 UNOFFICIAL UNTIL APPROVED CC -3 2. FIRST READING OF ORDINANCE 16-12 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FOR REZONE R-15-01 TO REZONE (OR CHANGE) A 3.18 - ACRE SITE LOCATED AT 375 BRISTOL STREET FROM PDC (PLANNED DEVELOPMENT COMMERCIAL) TO C2 (GENERAL BUSINESS DISTRICT) AND PLANNING APPLICATION PA -15-30 FOR A SELF -STORAGE FACILITY AND RETAIL BUILDING AT 375 BRISTOL STREET (01:27:37) Ex -Parte Communications: Mayor Pro Tem Righeimer spoke to the property owner and a representative; Council Member Foley met with the property owner; Mayor Mensinger met with the property owner; Council Member Genis spoke with the property owner. (01:28:20) Mel Lee, Senior Planner, presented the Staff Report. (01:29:05) Council Member Genis spoke on the project summary and on the traffic count. (01:35:02) Paul Freeman, representing Sanderson J. Ray Development, addressed the traffic modeling used and spoke on the decrease in traffic counts. (01:42:22) Michael E. Houlihan, CEQA consultant from Environmental Science Associates, spoke on the revised traffic estimate. (01:51:10) Discussion ensued on undergrounding of utilities; and traffic counts. (01:53:20) Mr. Freeman requested time to work with adjacent property owners regarding the undergrounding of utilities. (01:56:50) Discussion ensued on undergrounding of utility costs; and environmental reviews. (01:58:08) Public Hearing Opened. Speaker, spoke on undergrounding of utilities. (02:02:19) Robin Leffler, Costa Mesa, spoke in support of the project. (02:04:41) Dan and Sheri Krogh, Dan's Autocare Express, spoke in support of the project. (02:06:04) Carter Grant, Costa Mesa, spoke in support of the project. (02:07:29) George H. Bean, spoke in support of the project. (02:08:14) Jay Humphrey, Costa Mesa, spoke in support of the project. (02:10:30) Public Hearing Closed. MOTION: To approve recommended actions. (02:12:40) Minutes — Regular Meeting — November 1, 2016 - Page 5 UNOFFICIAL UNTIL APPROVED CC -3 MOVED/SECOND: Council Member Foley/Council Member Monahan Council Member Genis spoke in support of the project. (02:13:10) Discussion ensued on ensuring the undergrounding of utilities are completed for the project in four years. (02:13:45) SUBTITUTE MOTION/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (02:20:23) 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 approved the Initial Study/Negative Declaration; and 2. Gave first reading to Ordinance No. 16-12, to be read by title only, and further reading waived, for R-15-01 to rezone (or change) a 3.18 -acre site located at 375 Bristol Street from PDC (Planned Development Commercial) to C2 (General Business District); and 3. Approved Planning Application PA -15-30 by adopting Resolution 16-82 to approve the project, including a Condition of Approval to be as follows: "Prior to the issuance of building permits, the developer shall post an irrevocable letter of credit, subject to the approval of the City Treasurer, for the cost of future undergrounding of the overhead utilities in the public right-of-way along Bristol Street within 2 to 4 years from the effective date of the resolution." 3. FIRST READING OF ORDINANCE 16-13 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FOR REZONE R-16-02 TO REZONE A 23.4 -ACRE SITE LOCATED AT 1375 SUNFLOWER AVENUE AND 3370 HARBOR BOULEVARD FROM INDUSTRIAL PARK (MP) TO PLANNED DEVELOPMENT COMMERCIAL (PDC) AND ZONING CODE AMENDMENT TO TITLE 13, CHAPTERS IV AND V RELATED TO LAND USE MATRIX, FLOOR AREA RATIOS AND PLANNED DEVELOPMENT STANDARDS RELATED TO THE SITE (02:21:00) Minoo Ashabi, Principal Planner, presented the Staff Report. (02:21:40) Ex -Parte Communications: Mayor Pro Tem Righeimer spoke to the representative of the property. (02:23:50) Public Hearing Opened. No public comments. Public Hearing Closed. (02:24:20) Minutes — Regular Meeting — November 1, 2016 - Page 6 UNOFFICIAL UNTIL APPROVED CC -3 MOVED/SECOND: Council Member Monahan/Mayor Mensinger (02:24:25) 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 gave first reading to Ordinance No. 16-13, to be read by title only, and further reading waived, adopting Rezone R-16-02 changing the zoning of the property located at 1375 Sunflower Avenue and 3370 Harbor Boulevard from Industrial Park (MP) zone to Planned Development Commercial (PDC) and Code Amendment 16-05 related to Title 13, Zoning Code, Chapters IV and V relative to land use matrix, floor area ratio and Planned Development Commercial standards. OLD BUSINESS: (02:24:40) 1. SECOND READING OF ORDINANCE 16-11 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FOR REZONE R-16-05 TO REZONE (OR CHANGE) A 2.07 ACRE SITE FROM C1 (LOCAL BUSINESS DISTRICT) TO R1 (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR THE PROPERTY LOCATED AT 2850 MESA VERDE DRIVE EAST (02:24:47) Ex -Parte Communications: Mayor Pro Tem Righeimer spoke to a representative on the project; Mayor Mensinger spoke to a representative on the project; Council Member Foley spoke to individuals involved on the project. (02:25:15) Public Comments Opened. Reverend Jim Turrell, spoke in opposition to the item. (02:26:14) Speaker, spoke in support of the item. (02:30:34) Cynthia McDonald, Costa Mesa, spoke in opposition to the item. (02:31:48) Public Comments Closed. MOVED/SECOND: Council Member Monahan/Mayor Mensinger (02:34:55) The motion carried by the following roll call vote: (02:47:50) 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 — November 1, 2016 - Page 7 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: City Council gave second reading to Ordinance No. 16-11, to be read by title only, and further reading waived, for R-16-05 to rezone (or change) a 2.07 -acre site from C1 (Local Business District) to R-1 (Single Family Residential District - eight (8) dwelling units per acre maximum density allowed). Council Member Foley spoke in support of the motion. (02:35:10) Council Member Genis spoke in support of the motion. (02:36:46) NEW BUSINESS: (02:48:05) 1. HEROES HALL FINANCIAL SUPPORT (02:48:07) Daniel K. Baker, Assistant to the CEO, presented the Staff Report. (02:48:45) Public Comments Opened. Nick Berardino, spoke in support of the item. (02:50:56) Beth Refakes, Costa Mesa, spoke in support of the item. (03:01:18) Robin Leffler, Costa Mesa, spoke in support of the item. (03:03:33) Speaker, spoke in support of the item. (03:05:12) Karl Ahlf, Costa Mesa, spoke in support of the item. (03:07:01) Public Comments Closed. MOVED/SECOND: Council Member Monahan/Council Member Foley (03:08:00) The motion carried by the following roll call vote: (03:10:45) 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 approved an additional $25,000 for the completion of the Heroes Hall Veterans Museum at the Orange County Fairgrounds. Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger spoke in support of the item. (03:08:15) Minutes — Regular Meeting — November 1, 2016 - Page 8 UNOFFICIAL UNTIL APPROVED CC -3 ITEMS REMOVED FROM THE CONSENT CALENDAR (03:10:57) 2. WARRANT RESOLUTION NO. 2565 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 16-21 FOR $2,153,330.61, 16-21 "A" FOR $-3,777.97, AND 16-22 FOR $2,180,346.50; AND CITY OPERATING EXPENSES FOR $3,894,782.67; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (03:11:01) Public Comments: (03:11:16) Speaker, spoke on attorney billings for the Solid Landings case and on returned business license fees for sober living homes. (03:11:20) Public Comments Closed. MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (03:14:27) 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 approved Warrant Resolution No. 2565. 6. EAST 17TH STREET LANDSCAPE ENHANCEMENT PROJECT, FEDERAL PROJECT NO. RPSTPLE — 5312(091), CITY PROJECT NO. 13-12 (03:14:39) Council Member Genis left the dais at 9:06 p.m. (03:14:45) Public Comments: (03:14:59) Speaker, spoke on the project. (03:15:00) Public Comments Closed. MOVED/SECOND: Council Member Monahan/Mayor Mensinger (03:16:15) The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: None Absent: Council Member Genis Motion carried: 4-0-1 ACTION: 1. City Council accepted the work performed by Horizons Construction Co. International and authorized the City Clerk to file the Notice of Completion; and Minutes — Regular Meeting — November 1, 2016 - Page 9 UNOFFICIAL UNTIL APPROVED CC -3 2. Authorized the release of the Labor and Materials Bond seven (7) months after the filing date; release of the Faithful Performance Bond six (6) months after the filing date; and release of the retention monies 35 days after the Notice of Completion filing date. CONTINUED PUBLIC COMMENTS — (03:17:21) Wendy Leece, Costa Mesa, spoke on public safety; pensions; and police and fire contracts. (03:17:34) Council Member Genis returned to the dais at 9:09 p.m. Julie C., spoke on the election and candidates. (03:20:44) Greg Ridge, Costa Mesa, spoke on study sessions and election issues. (03:24:48) Karl Ahlf, spoke on election issues; and campaigns. (03:28:16) Speaker, spoke on the 60th Anniversary event. (03:31:22) Speaker, spoke on firefighters overtime. (03:34:33) David Bracey, Anaheim University, spoke on academic services provided by Anaheim University. (03:38:02) Robin Leffler, Costa Mesa, spoke on comments made by Mayor Mensinger. (03:39:52) Speaker, spoke on a variety of issues and the election. (03:43:00) Barrie Fisher, Costa Mesa, spoke on the wall closures along Victoria. (03:46:03) Council Member Monahan left the dais at 9:37 p.m. T. Koken, Costa Mesa, sang a song. (03:48:10) Greg Tunnell, Costa Mesa, spoke on a variety of issues and the election. (03:51:00) Charles Mooney, Costa Mesa, spoke on Measure TT. (03:54:10) Public Comments Closed. REPORT — CITY ATTORNEY - NONE ADJOURNMENT - The Mayor adjourned the meeting at 9:45 p.m. Minutes adopted on this 15th day of November, 2016. Minutes — Regular Meeting — November 1, 2016 - Page 10 UNOFFICIAL UNTIL APPROVED CC -3 Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk Minutes — Regular Meeting — November 1, 2016 - Page 11 UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY October 17, 2016 CALL TO ORDER (00:00:09) The meeting was called to order by the Mayor at 5:48 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:00:27) - Mayor Pro Tem Righeimer MOMENT OF SOLEMN EXPRESSION (00:01:02) Sayed Mostafa Qazwini, Imam of the Islamic Educational Center of Orange County, Costa Mesa ROLL CALL (00:04:47) Present: Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger Absent: Council Member Foley and Council Member Monahan Officials Present: Chief Executive Officer Tom Hatch, Deputy City Attorney Tarquin Preziosi, Assistant Chief Executive Officer Richard Francis, Assistant Chief Executive Officer Tamara Letourneau, Interim Deputy City Manager/Economic and Development Services Director Jay Trevino, Interim Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:05:02) • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — NONE ANNOUNCEMENTS (00:05:14) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:07:24) 1. Mayor's Award — John Hawley, Railmakers, Inc. John Hawley, founder and owner of Railmakers Inc., received the Mayor's award. Minutes — Special Meeting — October 17, 2016 - Page 1 UNOFFICIAL UNTIL APPROVED CC -3 PUBLIC COMMENTS (00:015:29) Beth Refakes, Costa Mesa, spoke on the Military Affairs Team Candy Drive. (00:16:24) Alex Reich, Costa Mesa, spoke on the Costa Mesa Water District. (00:17:55) Flo Martin, Costa Mesa, spoke on the Tanager Bike Trail. (00:20:23) Barrie Fisher, Costa Mesa, spoke on new housing developments. (00:22:33) Steve Chan, Costa Mesa, spoke on the Holiday business. (00:24:09) Denise Davis, Costa Mesa, spoke on a proposed development at 440 Fair Drive. (00:26:44) Greg Tunnell, Costa Mesa, spoke on the City Council election and the Trump rally. (00:29:57) Chris McEvoy, Costa Mesa, spoke on transparency and campaigns. (00:34:32) Ralph Taboada, Costa Mesa, spoke on a campaign mailer. (00:37:35) T. Koken, Costa Mesa, sang a song; and spoke on a campaign flyer. (00:40:36) Kim Hendricks, Costa Mesa, spoke on Measure AA. (00:42:56) Cindy Brenneman, Costa Mesa, spoke on the election and campaign mailers. (00:46:06) Robin Leffler, Costa Mesa, spoke on representation; the election; and campaigns. (00:49:04) Paula Rivera, Costa Mesa, spoke on campaigns. (00:52:08) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (00:55:38) Council Member Genis spoke on the award to John Hawley; the Tanager Bike Trail; and firefighters overtime. (00:55:43) Mayor Pro Tem Righeimer spoke on the community and election issues. (00:59:45) Mayor Mensinger spoke on election issues and campaigns. (01:10:14) Minutes — Special Meeting — October 17, 2016 - Page 2 UNOFFICIAL UNTIL APPROVED CC -3 REPORT — CHIEF EXECUTIVE OFFICER (CEO) — (01:15:30) - NONE CONSENT CALENDAR: (01:15:37) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7 except for 2, 3 and 5. (01:15:50) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Genis The motion carried by the following roll call vote: Ayes: Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: None Absent: Council Member Foley and Council Member Monahan Motion carried: 3-0-2 1. READING FOLDER Claims received by the City Clerk: Marian Boquette ACTION: City Council received and filed. 4. CLEARBROOK LANE ALLEY (ALLEY NO. 46), FLOWER STREET ALLEY (ALLEY NO. 81), BROADWAY ALLEY (ALLEY NO. 89), MAGNOLIA STREET ALLEYS (ALLEY NO. 91, ALLEY NO. 93 AND ALLEY NO. 94), AND 18TH STREET ALLEY (ALLEY NO. 96) IMPROVEMENT PROJECT - CITY PROJECT NO. 15-13 ACTION: 1. City Council accepted the work performed by Blackrock Construction Company and authorized the City Clerk to file the Notice of Completion; and 2. Authorized the release of the Labor and Material Bond seven (7) months after the filing date; release of the Faithful Performance Bond one (1) year after the filing date; and release of the retention monies 35 days after the Notice of Completion filing date. 6. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS15-00147 FOR STREET IMPROVEMENTS LOCATED AT 2562 SANTA ANA AVENUE, COSTA MESA, CALIFORNIA ACTION: City Council authorized the release of the Performance and Labor and Material Bonds (Certificate No. 802544S) in the amounts of $19,583.00 each for street improvements to NTH 5, LLC (Developer), 418 Via Lido Nord, Newport Beach, CA 92663. Minutes — Special Meeting — October 17, 2016 - Page 3 UNOFFICIAL UNTIL APPROVED CC -3 7. FUNDING FOR PURCHASE OF THE ORANGE COUNTY 800 MHZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM UPGRADE PROJECT DISPATCH CONSOLES AND PARTNERSHIP COSTS ACTION: 1. City Council approved and authorized the Chief Executive Officer (CEO) to sign the sole source purchase request and authorized the purchase of eight (8) Dispatch Consoles and accessories designed to interface with the existing Orange County ASTRO 25 System offered by Motorola in the amount of $1,103,107.00; and 2. Approved payment of $371,267.00 to the County of Orange for 800 MHz Next Generation Project partnership costs; and 3. Authorized the CEO to use up to $1,326,000.00 from the City's Equipment Replacement Fund 601 (with no interest) and be repaid in FY 17-18 for this and related equipment. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:16:22) 1. GENERAL PLAN AMENDMENT GP -16-05 CHANGING THE LAND USE DESIGNATION OF A 2.07 ACRE SITE FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (LDR); AND FIRST READING OF ORDINANCE 16 -XX OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FOR REZONE R-16-05 TO REZONE (OR CHANGE) A 2.07 ACRE SITE FROM C1 (LOCAL BUSINESS DISTRICT) TO R1 (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR THE PROPERTY LOCATED AT 2850 MESA VERDE DRIVE EAST (01:16:30) Ex -Parte Communications Report: (01:17:00) Mayor Pro Tem Righeimer spoke to the developer on the project. (01:17:25) Council Member Genis spoke on the Planning Commission minutes and comments by Chair Dickson. (01:18:00) Mel Lee, Senior Planner, presented the Staff Report. (01:22:45) Discussion ensued on the wall opening from Mesa Verde to Andros Street; and on cumulative data on the loss of commercial space in the City. (01:27:17) Minutes — Special Meeting — October 17, 2016 - Page 4 UNOFFICIAL UNTIL APPROVED CC -3 Discussion ensued on the site history, lot size, and building height requirements (01:30:00) Peter Zehnder, representing applicant Pinnacle Residential, spoke on the project; reduced traffic counts; and on the wall opening on Andros Street. (01:38:12) Public Hearing Opened: (01:44:15) Greg Tunnell, Costa Mesa, spoke in opposition to the project. (01:44:26) Susan Shaw, Costa Mesa, spoke on traffic concerns and guest parking. (01:47:40) Robin Leffler, Costa Mesa, spoke on Planning Commissioner comments; and in opposition to the project. (01:50:12) Amorra Raa, Costa Mesa, spoke in opposition to the project. (01:53:33) Tiffany Van Drimlen, spoke in opposition to the project. (01:56:31) Reverend Jim Turrell, Costa Mesa, spoke in opposition to the project. (01:59:38) Public Hearing Closed. Mr. Zehnder, spoke on the owner's communication with the tenants; history of the property; and working with the tenants. (02:03:50) Discussion ensued on the history of the property. (02:07:25) Mayor Pro Tem Righeimer spoke on the economic life of the property; and reduction of daily trips. (02:09:10) Council Member Genis spoke on documenting the building history; and working with the tenants. (02:16:20) Mr. Zehnder, spoke on the relocation of the tenants. (02:17:20) Discussion ensued on the tenant's leases. (02:19:00) Minutes — Special Meeting — October 17, 2016 - Page 5 UNOFFICIAL UNTIL APPROVED CC -3 MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Genis (02:25:25) The motion carried by the following roll call vote: Ayes: Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: None Absent: Council Member Foley and Council Member Monahan Motion carried: 3-0-2 ACTION: 1. City Council approved the Initial Study/Negative Declaration. MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Genis (02:29:32) The motion carried by the following roll call vote: Ayes: Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: None Absent: Council Member Foley and Council Member Monahan Motion carried: 3-0-2 ACTION: 2. City Council adopted Resolution No. 16-78 approving the General Plan Amendment GP -16-05 to change the land use designation of a 2.07 -acre site from GC (General Commercial) to LDR (Low Density Residential) and to include the following conditions of approval: 1. Neither the applicant nor property owner shall turn off utilities and/or commence removal of the existing tenants or demolition of the existing structures or otherwise make the property un -inhabitable until expiration of the final lease at the property. No lease shall be terminated, other than for a violation of any provision thereof as permitted by law, prior to 9 months from the effective date of this resolution. Nothing herein shall require the property owner to extend any lease beyond 12 months from the effective date of this resolution; and 2. The applicant and/or property owner shall provide appropriate documentation as to the history of the buildings (photographs, building plans, etc.) to the Development Services Department prior to demolition of the existing development. Council Member Genis spoke in support of the motion. (02:26:50) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Genis (02:30:20) The motion carried by the following roll call vote: Ayes: Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: None Absent: Council Member Foley and Council Member Monahan Motion carried: 3-0-2 Minutes — Special Meeting — October 17, 2016 - Page 6 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 3. City Council gave first reading to Ordinance No. 16-11 for R-16-05 to rezone (or change) a 2.07 -acre site from C1 (Local Business District) to R-1 (Single Family Residential District - eight (8) dwelling units per acre maximum density allowed). 2. SECOND AMENDMENT TO THE SOBECA URBAN PLAN (SP -05-06 A2) TO ALLOW INDIVIDUAL RESIDENTIAL DEVELOPMENT AT MAXIMUM DENSITY OF 40 DU/ACRE AND AN OVERALL DEVELOPMENT CAPACITY OF 450 UNITS (02:31:19) Minoo Ashabi, Principal Planner, presented the Staff Report. (02:32:00) Public Hearing Opened: (02:35:00) Jay Humphrey, Costa Mesa, spoke on converting commercial buildings to residential space; and on building heights and inclusionary housing. (02:35:21) Robin Leffler, Costa Mesa, spoke in opposition to the item. (02:38:05) Public Hearing Closed. Mayor Mensinger spoke on the IKEA and AAA Automobile Club developments. (02:41:01) Mayor Pro Tem Righeimer spoke on the issue; a maximum of 450 units and zero traffic impacts; and including a parking condition that does not require a variance. (02:44:30) MOVED/SECOND: Mayor Mensinger/Mayor Pro Tem Righeimer MOTION: City Council approve SoBECA Urban Plan Amendment (SP -05-06 A2) to allow residential development at maximum density of 40 du/acre and an overall development capacity of 450 units within the urban plan area by adoption of Resolution 16-79. Council Member Genis left the dais prior to the vote (8:37 p.m.). No action due to lack of quorum. The City Clerk adjourned the meeting due to a lack of quorum at 8:38 p.m. Minutes — Special Meeting — October 17, 2016 - Page 7 UNOFFICIAL UNTIL APPROVED CC -3 THE FOLLOWING ITEMS PULLED FROM THE CONSENT CALENDAR WERE NOT HEARD. 2. WARRANT RESOLUTION NO. 2565 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 16-21 FOR $2,153,330.61 AND CITY OPERATING EXPENSES FOR $1,983,488.41; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID 3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF OCTOBER 4, 2016 5. EAST 17TH STREET LANDSCAPE ENHANCEMENT PROJECT, FEDERAL PROJECT NO. RPSTPLE — 5312(091), CITY PROJECT NO. 13-12 Minutes adopted on this 15t" day of November, 2016. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk Minutes — Special Meeting — October 17, 2016 - Page 8