HomeMy WebLinkAbout- - Agenda - 8/5/2014AGENDA
CITY OF COSTA MESA CITY COUNCIL, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY*
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY* MEETING
*NOTE: ALL AGENCY AND AUTHORITY MEMBERSHIPS ARE REFLECTED IN THE TITLE "COUNCIL MEMBER".
TUESDAY, AUGUST 5, 2014
CITY COUNCIL CHAMBERS, 77 FAIR DRIVE
SPECIAL CLOSED SESSION - 4:30 P.M.
REGULAR MEETING - 6:00 P.M.
JAMES M. RIGHEIMER
Mayor
STEPHEN MENSINGER
Mayor Pro Tem
GARY MONAHAN
Council Member
City Attorney
Thomas Duarte
SANDRA GENIS
Council Member
WENDY LEECE
Council Member
Chief Executive Officer
Thomas R. Hatch
Note regarding agenda -related writings or documents provided to a majority of the City
Council after distribution of the City Council agenda packet (GC §54957.5):
Any related writings or documents provided to a majority of the City Council after distribution
of the City Council Agenda Packets will be made available for public inspection.
Binders containing these agenda -related documents are located in the Council Chambers
lobby. In addition, such writings and documents may be posted—whenever possible or as
part of the agenda—on the city's website at www. costamesaca.gov.
Your attendance at this public meeting is valued and appreciated. If you have questions
regarding the agenda, public comments or wish to obtain copies of documents please contact
the City Clerk office at (714)754-5225 or e-mail Brenda.Green@costamesaca.gov.
AGENDA —REGULAR MEETING — August 5, 2014 — PAGE 1
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WELCOME TO THE CITY COUNCIL MEETING
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: If you wish to address the
City Council on a matter not on the agenda, please complete and submit a yellow speaker card
to the City Clerk. Speaker cards must be submitted to the City Clerk either prior to the first
Public Comment period or prior to the Continued Public Comment period. Up to ten speakers will
be given time to address the City Council during the first Public Comment period following
Presentations. The Continued Public Comment period will be held at the end of the agenda
after Items Removed from Consent Calendar. Members of the public shall only address the City
Council one time at any given meeting under either Public Comment period. Speakers may only
complete one card per person. Each speaker is limited to three minutes.
PUBLIC COMMENTS — MATTER LISTED ON THE AGENDA: If you wish to address the City
Council on a matter listed on the agenda, please complete and submit a green speaker card to
the City Clerk. Speaker cards must be submitted prior to the start of Public Comments on the
item. Please identify which item on the agenda you would like to address. Each speaker is
limited to three minutes.
The speaker cards are located on the table at the entrance to the City Council Chamber.
Please take notice that the order of scheduled agenda items may be modified by the Mayor or
the City Council during the course of the meeting, so please stay alert.
1. Any written communications, photos, or other material for distribution to the City Council must
be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO THE START OF
THE MEETING. Any materials to be displayed on the overhead projector at the Council
meeting must be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO
THE START OF THE MEETING.
2. In accordance with Costa Mesa Municipal Code, Sec. 2-64 (1): No person in the audience
shall engage in disorderly, disruptive, disturbing, delaying or boisterous conduct.
3. All cell phones and other electronic devices are to be turned off or set to vibrate. Members of
the audience are requested to step outside the Council Chambers to conduct a phone
conversation.
4. In accordance with City Council Policy 000-11, and among other requirements, any video
submitted for display at a public meeting must have been previously reviewed by staff to
verify appropriateness for general audiences. A copy of this policy is available at City Hall
during normal office hours.
5. Free Wi-Fi is available in the Council Chamber during the meetings. Two networks are
available: council1 and counci12. The password for either network is: cmcouncil.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification of 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
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SPECIAL CLOSED SESSION - 4:30 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items on the
Closed Session agenda. Each member of the public will be given three minutes to speak.
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organization: Costa Mesa Fire Fighters Association (CMFA),
pursuant to California Government Code Section 54957.6.
2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organization: Costa Mesa City Employee Association
(CMCEA), pursuant to California Government Code Section 54957.6.
3. Conference with legal counsel — potential litigation: Significant exposure to litigation pursuant to
Government Code Section 54956.9(d)(2) for one potential case.
4. Conference with legal counsel — potential litigation: Significant exposure to litigation pursuant
to Government Code Section 54956.9(d)(4) for one potential case.
The City Council and Successor Agency to the Redevelopment Agency will recess to
Conference Room 5A for Closed Session at the conclusion of public comments.
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REGULAR MEETING OF THE CITY COUNCIL, AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY - 6 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE Mayor Pro Tem Mensinger
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their
own views. The City Council disclaims any intent to endorse or sponsor the views of any
speaker.]
Senior Pastor Tim McCalmont, Presbyterian Church of the Covenant
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)
ANNOUNCEMENTS: There's always something happening in Costa Mesa!
The Mayor will play a video clip of the "Costa Mesa Minute," featuring upcoming events and
activities in the community.
PRESENTATIONS
Team Leader and Costa Mesa resident Kailualani Tagaloa, 2014 CHOC Walk Ambassador,
CHOC Walk in the Park 2014 in October 2014
PUBLIC COMMENTS
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: If you wish to address the
City Council on a matter not on the agenda, please complete and submit a yellow speaker card
to the City Clerk. Speaker cards must be submitted to the City Clerk either prior to the first Public
Comment period or prior to the Continued Public Comment period. Up to ten speakers will be
given time to address the City Council during the first Public Comment period following
Presentations. The Continued Public Comment period will be held at the end of the agenda after
Items Removed from Consent Calendar. Members of the public shall only address the City
Council one time at any given meeting under either Public Comment period. Speakers may only
complete one card per person. Each speaker is limited to three minutes. The three minute per
speaker time limit may be extended for good cause by the Mayor or by a majority vote of City
Council. Questions and comments made by public speakers may be addressed by the City
Council during Council Comments or by the Chief Executive Officer during the CEO's Report.
AGENDA —REGULAR MEETING — August 5, 2014 — PAGE 4
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COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
1. Mayor Pro Tem Mensinger
2. Council Member Genis
3. Council Member Leece
4. Council Member Monahan
5. Mayor Righeimer
REPORT — CHIEF EXECUTIVE OFFICER (CEO)
CONSENT CALENDAR:
All matters listed under the Consent Calendar are considered to be routine and will be acted
upon in one motion. There will be no separate discussion of these items unless members of the
City Council, staff, or the public request specific items to be discussed and/or removed from the
Consent Calendar for discussion.
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
RECOMMENDATION:
City Council waive 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: Mark A. Kaufman/Mercury Insurance; Amy Widmer;
and Ida Elison.
RECOMMENDATION: Receive and file.
3. WARRANT RESOLUTION 2520: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-14 "A" AND 14-15 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No.14-14 "A" for $3,520.59, Payroll No.14-15 for $2,088,368.12, and City
operating expenses for $2,953,072.22 — Finance Department
RECOMMENDATION: Approve Warrant Resolution No. 2520, to be read by title only and
further reading waived.
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4. FINAL MAP TRACT NO. 17639 LOCATED AT 643, 651 W. 17LH- STREET AND 1695
SUPERIOR AVENUE, COSTA MESA, CALIFORNIA- Public Services
Department/Engineering Division
RECOMMENDATION:
City Council approve the Final Map for Tract No. 17639 and authorize signing of the Map
by the City Clerk and the City Engineer.
5. FINAL MAP FOR TRACT NO. 17649 LOCATED AT 687 VICTORIA STREET, COSTA
MESA, CALIFORNIA- Public Services Department/Engineering Division
RECOMMENDATION:
City Council approve the Final Map for Tract No. 17649 and authorize signing of the Map
by the City Clerk and the City Engineer.
6. APPOINTMENT OF CITY NEGOTIATORS FOR THE COSTA MESA POLICE
MANAGEMENT ASSOCIATION NEGOTIATIONS AND AUTHORIZATION TO
PROCEED WITH THE FINANCIAL ANALYSIS OF THE MOU PER THE COIN
ORDINANCE- Chief Executive Officer's Department
RECOMMENDATION:
Staff recommends that the City Council:
Designate Tamara Letourneau, Assistant Chief Executive Officer; Richard M. Kreisler,
Partner, Liebert Cassidy Whitmore; and, Laura Kalty, Partner, Liebert Cassidy
Whitmore as the City's representatives in negotiations with the Costa Mesa Police
Management Association (CMPMA); and
2. Authorize staff to have the independent fiscal analysis of the current CMPMA
Memorandum of Understanding (MOU) completed per the requirements of the COIN
Ordinance.
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7. APPOINTMENT OF CITY NEGOTIATORS FOR THE COSTA MESA FIRE
MANAGEMENT ASSOCIATION NEGOTIATIONS AND AUTHORIZATION TO
PROCEED WITH THE FINANCIAL ANALYSIS OF THE MOU PER THE COIN
ORDINANCE- Chief Executive Officer's Department
RECOMMENDATION:
Staff recommends that the City Council:
1. Designate Tamara Letourneau, Assistant Chief Executive Officer; Richard M. Kreisler,
Partner, Liebert Cassidy Whitmore; and, Laura Kalty, Partner, Liebert Cassidy
Whitmore as the City's representatives in negotiations with the Costa Mesa Fire
Management Association (CMFMA); and
2. Authorize staff to have the independent fiscal analysis of the current CMFMA
Memorandum of Understanding (MOU) completed per the requirements of the COIN
Ordinance.
8. CITY COUNCIL RESOLUTION NO. 14-51 AMENDING THE COSTA MESA 2000
GENERAL PLAN FOR THE SECOND CYCLE OF 2014: GP -13-02 FOR 125 EAST
BAKER STREET; AND GP -14-01 FOR 320 EAST 1PHI STREET — Development
Services Department/Planning Division
RECOMMENDATION:
Staff recommends that the City Council take the following action:
City Council adopt Resolution No. 14-51, to be read by title only and waive further
reading, amending the Costa Mesa 2000 General Plan for the second cycle of 2014, in
accordance with the Council's actions taken on General Plan Amendments Nos. GP -13-
02 and GP -14-01.
9. EXTENSION OF FTOG, INC. PROFESSIONAL SERVICE AGREEMENT FOR INTERIM
BUYER SUPPORT — Finance Department/Purchasing Division
RECOMMENDATION:
City Council approve an Amendment to Professional Services Agreement (PSA) with
FTOG, Inc. to provide Interim Buyer services for six (months) with an increase to the PSA
in the amount of $48,600, while the City completes the hiring process for the full-time
permanent Buyer position.
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10. AMENDMENT THREE TO THE PROFESSIONAL SERVICES AGREEMENT WITH
SCIENTIA CONSULTING GROUP, INC. — Information Technology Department
RECOMMENDATION:
Staff recommends the following:
1. Approve Amendment Three to the Professional Services Agreement (PSA) with
Scientia Consulting Group, Inc. (Scientia) increasing the compensation limit from
$103,000 to $281,880; and
2. Authorize the City's Chief Executive Officer (City CEO) to sign the amended PSA with
Scientia Consulting Group, Inc. in the amount of $281,880; and
3. Authorize the City CEO to sign the purchase requisition for the amendment PSA; and
4. Approve Budget Adjustment No. 15-006 to appropriate available fund balance in the
Narcotics Asset Forfeiture Fund in the amount of $169,936 to fund 95% of the total
cost of the amended compensation limit. The remaining 5% ($8,944) will come from
the approved consulting funds in the Fiscal Year 2014-15 budget of the I.T.
Department.
11. AMENDMENT ONE TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE
CITY OF MISSION VIEJO — Information Technology Department
RECOMMENDATION:
Staff recommends the following:
1. Approve Amendment One to the Professional Services Agreement (PSA) with the City
of Mission Viejo (Consultant) increasing the compensation limit from $49,999 to
$99,999; and
2. Authorize the City's Chief Executive Officer (City CEO) to sign the amended PSA with
the Consultant increasing the compensation by $50,000; and
3. Authorize the City CEO to sign the purchase requisition for the amended PSA.
12. MINUTES — Chief Executive Officer's Department/City Clerk's Division
RECOMMENDATION: City Council approve the minutes of the Regular Meeting of the
City Council and Successor Agency of June 17, 2014.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
AGENDA —REGULAR MEETING — August 5, 2014 — PAGE 8
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PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) - NONE
OLD BUSINESS
1. SECOND READING OF ORDINANCE NO. 14-11 FOR CODE AMENDMENT CO -13-03
TO TITLE 13, CHAPTER IX, ARTICLE 8 GOVERNING MOTELS —
Development Services Department
RECOMMENDATION:
City Council give second reading and consider for adoption Ordinance No. 14-11,
to be read by title only and waive further reading, approving Code Amendment CO -13-03
with regard to the proposed ordinance adopting modifications to Title 13, Chapter IX,
Article 8 of the Costa Mesa Municipal Code with regard to motels ("Motel Ordinance").
2. SECOND READING OF ORDINANCE NO. 14-10 FOR REZONE R-14-01 FOR 320 E.
18LH- STREET - Development Services Department
RECOMMENDATION:
City Council give second reading and consider for adoption Ordinance No. 14-10,
to be read by title only and waive further reading, rezoning a 1,009 -square foot portion
of land at 320 E. 18th Street to Multiple -Family Residential — Medium Density (R2 -Md).
AGENDA —REGULAR MEETING — August 5, 2014 — PAGE 9
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NEW BUSINESS
1. 1-405 IMPROVEMENT PROJECT UPDATE, ADOPTION OF RESOLUTION OF CITY
POSITION AND CONSIDERATION OF ADOPTION OF RESOLUTIONS TO PUT
ADVISORY VOTE MEASURE ON BALLOT —
Public Services Department/Transportation Services Division
RECOMMENDATION:
The recommendation is for the City Council to:
Consider adopting the following resolution relating to toll lanes on Orange County freeways:
A. Resolution No. 14-55, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, OPPOSING IMPLEMENTATION OF TOLL LANES ON 1-405 AND ALL
OTHER ORANGE COUNTY FREEWAYS WITHOUT A VOTE OF THE ENTIRE
ORANGE COUNTY ELECTORATE; and
Consider adopting the following resolutions submitting to the voters at the November 4,
2014 general municipal election an Advisory Vote Measure Relating to the Establishment
of Toll Lanes on the 1-405 and Other Freeways in Orange County:
B. Resolution No. 14-56, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE SUBMISSION TO THE VOTERS OF THE CITY OF
COSTA MESA, CALIFORNIA AN ADVISORY VOTE MEASURE RELATING TO
THE ESTABLISHMENT OF TOLL LANES ON THE 1-405 FREEWAY IN
ORANGE COUNTY, AS CALLED BY RESOLUTION NO. 14-26.; and
C. Resolution No. 14-57, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING AN ADVISORY VOTE MEASURE RELATING TO THE
ESTABLISHMENT OF TOLL LANES ON THE 1-405 FREEWAY IN ORANGE
COUNTY; AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS FOR THE SAME CITY MEASURE; and
D. Resolution No. 14 - 58, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.
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2. MEASURE TO ESTABLISH REGULATION OF MEDICAL MARIJUANA
DISPENSARIES AND REGULATION OF MEDICAL MARIJUANA CULTIVATION
("MEASURE") — City Attorney's Office
RECOMMENDATION:
The recommendation is for the City Council to:
Consider adopting the following resolutions submitting to the voters at the November 4,
2014 general municipal election a Measure to Establish Regulation of Medical Marijuana
Dispensaries and Regulation of Medical Marijuana Cultivation ("Measure"):
A. Resolution No. 14 - 52, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA ORDERING THE SUBMISSION TO THE VOTERS OF THE CITY OF
COSTA MESA, CALIFORNIA A MEASURE RELATING TO A PROPOSED
ORDINANCE TO ESTABLISH REGULATION OF MEDICAL MARIJUANA
DISPENSARIES AND REGULATION OF MEDICAL MARIJUANA CULTIVATION, AS
CALLED BY RESOLUTION NO. 14-26; and
B. Resolution No. 14 - 53, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING A CITY MEASURE RELATING TO A PROPOSED ORDINANCE TO
ESTABLISH REGULATION OF MEDICAL MARIJUANA DISPENSARIES AND
REGULATION OF MEDICAL MARIJUANA CULTIVATION; AND, DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE SAME CITY
MEASURE; and
C. Resolution No. 14 - 54, to be read by title only and waive further reading,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.
ITEMS REMOVED FROM THE CONSENT CALENDAR
CONTINUED PUBLIC COMMENTS
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS
REPORT — CITY ATTORNEY
ADJOURNMENT — To Regular Meeting September 2, 2014 at 5:00 p.m.
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UPCOMING COMMUNITY EVENTS AND ACTIVITIES
• Friday, July 11 — Sunday, August 10, 2014 — OC Fair. More info: www.ocfair.com
• August 15 - 22, 2014 — Costa Mesa Restaurant Week. Enjoy special prix fixe menus or
discounts at Costa Mesa's top restaurants. www.costamesarestaurantweek.org
• Wednesday, August 27, 2014, 6:00-8:00 p.m. — The Great Reach Community Workshop: Safety
and Noise Elements, Neighborhood Community Center (NCC), 1845 Park Avenue Costa Mesa,
CA 92627. For more information please contact: Minoo Ashabi at (714) 754-5245,
minoo.ashabi@costamesaca.gov.
• Aug 29, 2014 - Aug 31, 2014 - The Great Labor Day Cruise XXXII. This annual three-day
event features more than 1,500 pre -1978 hot rod, classic and muscle cars plus tons of other
activities for the entire family including more than 100 vendors, live music and food.
www.occa-inc.com
• Friday, September 5, 2014, 5:30-7:30 p.m. - First Fridays Road Show will be held in the front
parking lot of City Hall. Event features classic cars, food, and a live DJ. This event is free to
the public.
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