HomeMy WebLinkAbout05/03/2016 - City Council-Housing Authority-Successor AgencyREGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — 5:45 P.M.
May 3, 2016
CALL TO ORDER
The Closed Session meeting was called to order by the Mayor at 5:02 p.m. in the Council
Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Council Member Foley, Council Member Genis (arrived
at 5:04 p.m.), Council Member Monahan, Mayor Pro
Tem Righeimer (arrived at 5:10 p.m.) and Mayor
Mensinger
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 legal counsel regarding anticipated litigation, significant exposure
to litigation pursuant to California Government Code Section 54956.9(d)(2) for 1
potential case — Correspondence received regarding Voting Rights Act.
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 regarding existing litigation: Phillip A. Luchesi and
Karen S. Luchesi vs. City of Costa Mesa, et al, Superior Court of California,
County of Orange, Case No. 30-2015-00824266-CU-WM-CXC, pursuant to
California Government Code Section 54956.9(d)(1).
4. Conference with legal counsel regarding existing litigation: The Kennedy
Commission, et al vs. City of Costa Mesa, Superior Court of California, County of
Orange, Case No. 30-2016-00832585-CU-WM-CJC, pursuant to California
Government Code Section 54956.9(d)(1).
The City Council reconvened at 5:45 p.m.
Minutes — Regular Meeting — May 3, 2016 - Page 1
CALL TO ORDER (00:00:07)
The meeting was called to order by the Mayor at 5:46 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:34) — Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:00:57)
Pastor Dr. Jim Turrell, Center for Spiritual Living Newport -Mesa, Costa Mesa
ROLL CALL (00:01:26)
Present: Council Member Foley, Council Member Genis, Council Member Monahan
(arrived at 6:43 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 Rick Francis, Assistant Chief Executive Tamara
Letourneau, Economic and Development Services Director Gary Armstrong, Public
Services Director Ernesto Munoz, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:01:39)
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
Council Member Foley stated she had a conversation with the Fire Association to
inquire if they had submitted an offer. (00:01:48)
City Attorney Thomas Duarte reported that with respect to Closed Session Item
#1, Voting Rights Act, on a vote of 5-0 the parties agreed to settle the claim
between Eloisa Rangel & Southwest Voter Registration Education Project and the
City. The City agreed to place the measure on the November ballot regarding
district elections. The City also agreed to pay 55,000 to settle the claim and once
signed it will be posted on the website. City Attorney Duarte also reported that with
respect to item 3, Luchesi v City of Costa Mesa, on a vote of 5-0, the parties
agreed to settle the case and the plaintiffs agreed to dismiss the City for no
monies and the settlement agreement will be posted on the website. (00:02:02)
ANNOUNCEMENTS (00:03:00)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
Minutes — Regular Meeting — May 3, 2016 - Page 2
PRESENTATIONS (00:05:29)
1. Mayor's Award — Chick-fil-A
Tammy Guadagno, Owner and Operator of Chick-fil-A restaurant, accepted the
Mayor's award. (00:10:08)
PUBLIC COMMENTS (00:13:19)
Ashley Collins, spoke on the Orange County Vector Control Board meeting she attended
and aerial spraying. (00:14:42)
Dr. Nina Reich, spoke on the Fairview Park petition, affordable housing, and the Trump
rally at the Orange County Fairgrounds. (00:17:21)
Speaker, spoke on the Fairview Park petition and the Trump rally at the Orange County
Fairgrounds. (00:20:28)
Chuck Perry, Costa Mesa, spoke regarding construction on Harbor Boulevard and stated
he is pleased with all the City improvements. (00:23:41)
David Twiss, Garden Grove, spoke on the Orange County Vector Control Board meeting
he attended and aerial spraying. (00:25:18)
Richard Mehren, Costa Mesa, spoke on the Fairview Park petition. (00:28:07)
Speaker, spoke on good governance. (00:29:37)
Beth Refakes, Costa Mesa, spoke on the potential agreement between Costa Mesa
Women's Club and the Attic Theater. (00:33:02)
Krissie Bogner, Costa Mesa, encouraged people to speak at public meetings. (00:35:50)
Ralph Taboada, Costa Mesa, spoke on bikeways and the need for bike racks. (00:38:00)
Speaker, spoke regarding speaking at public meetings. (00:40:10)
Barrie Fisher, Costa Mesa, spoke on sober living homes. (00:43:25)
Kim Hendricks, Costa Mesa, spoke on the Fairview Park initiative. (00:47:06)
Greg Tunnell, Costa Mesa, spoke on the Trump rally at the Orange County Fairgrounds.
(00:50:21)
Minutes — Regular Meeting — May 3, 2016 - Page 3
Jay Humphrey, Costa Mesa, spoke on the Fairview Park initiative and the Trump rally at
the Orange County Fairgrounds. (00:53:05)
Public Comments Closed
Council Member Monahan arrived at 6:43 p.m.
Council Member Foley returned at 6:43 p.m.
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:56:30)
Council Member Genis spoke on the Trump rally; the General Plan; Fairview Park,
bikeways and bike racks; the Orange County Vector Control Board meeting and aerial
spraying; and the West Nile virus and mosquito fish. (00:56:57)
Council Member Monahan spoke on the mosquito fish issue and asked the CEO for an
update on the Newport Harbor landscaping plan. (01:06:12)
Mayor Pro Tem Righeimer spoke on the Solid Landings lawsuit settlement; the Trump
rally at the Orange County Fairgrounds and praised the police department for their work
during the event. (01:09:12)
Mayor Mensinger thanked all police agencies involved at the Trump rally; spoke on the
Neighbors for Neighbors event; the Orange County Marathon; the Mayor's Dinner on
May 12"'; and praised staff for the City's street improvements. (01:17:54)
Council Member Foley spoke on the Trump rally at the Orange County Fairgrounds and
praised the police department; inquired on the implementation of the Crony Act; reported
her attendance at the Orange County Visitors Association Travel and Tourism
conference; and spoke on branding of the City and the Costa Mesa High School
performing arts program and the new piano. (01:25:01)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) — (01:37:49)
Chief Executive Officer Tom Hatch clarified the ticketing of bikes in parks and biking
through Tewinkle Park; spoke on the budget process and invited the public to attend the
upcoming study session; spoke on the Costa Mesa Women's Club and the Attic theatre
proposal. (01:38:00)
Assistant Chief Executive Officer Rick Francis provided an overview of voter district
formation and announced upcoming "Meet the Expert" meetings. (01:42:00)
Chief of Police Sharpnack provided an overview of the Trump rally at the Orange County
Fairgrounds and the police response. (01:45:45)
Minutes — Regular Meeting — May 3, 2016 - Page 4
CONSENT CALENDAR (02:02:30)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7
except for 1, 4 and 6.
MOVED/SECOND: Council Member Monahan/Mayor 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
Motions carried: 5-0
2. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
ACTION:
City Council approved the minutes of April 19, 2016.
3. APPARATUS ROOM EXTENSION AND RESCUE VEHICLE STORAGE
BUILDING, FIRE STATION NO. 4, CITY PROJECT #15-10
ACTION:
1. City Council accepted the work performed by St. George Construction, Inc.
and authorized the City Clerk to file the Notice of Completion; and
2. City Council authorized the release of the Labor and Materials Bond one (1)
year 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.
5. FINAL MAP FOR TRACT NO. 17869 LOCATED AT 1672 PLACENTIA AVENUE,
COSTA MESA, CALIFORNIA
ACTION:
City Council approved the Final Map for Tract No. 17869 and authorized signing of
the Map by the City Clerk and the City Engineer.
Minutes — Regular Meeting — May 3, 2016 - Page 5
7. ESTABLISHMENT OF THE NEW CLASSIFICATION OF EMERGENCY
SERVICES ADMINISTRATOR
ACTION:
City Council adopted Resolution No. 16-21, which amends Resolution 15-34
establishing the new Emergency Services Administrator job classification; and
corresponding salary range of $7,682 - $10,296 (Tier 1) and $6,969 - $9,338 (Tier
2) per month.
---------------------------------- END OF CONSENT CALENDAR ------------------------
PUBLIC
----------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (02:04:22)
1. PUBLIC HEARING FOR FISCAL YEAR 2016-2017 FUNDING PRIORITIES FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIPS PROGRAM (HOME) (02:04:23)
Staff report by Mike Linares, CDBG/Home Coordinator. (02:05:00)
Public Comments: (02:09:09)
Wendy Weeks, Youth Employment Service, spoke in support of funding for YES.
(02:10:00)
Henry Michaels, Elwyn California, spoke in support of funding for Elwyn California.
(02:13:00)
MyRenna Ogbu, Council on Aging, spoke in support of grant funding for seniors.
(02:14:30)
Public Comments Closed
Council Member Monahan expressed concern on having no funding for the disabled
and recommended $9,000 for Elwyn California. (02:16:30)
MOTION: To approve recommendations 1, 2, 3, and 4 with the change of allocating
$9,000 to Elwyn California and $1,000 less to the other 9 applicants. (02:18:00)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
Council Member Genis expressed support for Elwyn California. (02:18:30)
Andrew Smith, Housing and Public Services Ad -Hoc Committee member, spoke on
the committee's recommendations. (02:20:00)
Minutes — Regular Meeting — May 3, 2016 - Page 6
SUBSTITUTE MOTION: To approve recommendations 1, 2, 3, and 4 with the
change of allocating to Elwyn California $4,000.00, and $500.00 less to every other
group except the Fair Housing Foundation. (2:25:40)
SUBSTITUTE MOTION/SECOND: Council Member Foley/Mayor Pro Tem
Righeimer (02:26:20)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis and Mayor Pro Tem
Righeimer.
Nays: Council Member Monahan and Mayor Mensinger
Absent: None
Motion carried: 3-2-0
ACTION:
1. City Council held a Public Hearing regarding the 2016-2017 Annual Action Plan;
and
2. City Council approved recommended allocation of $990,347 for the Fiscal Year
2016-2017 Community Development Block Grant (CDBG) Application; and
3. City Council approved recommended allocation of $338,895 for the Fiscal Year
2016-2017 HOME Investment Partnership Grant including an allocation of $4,000
to Elwyn California; and
4. City Council approved Resolution No. 16-22 to authorize the following:
a. City's Chief Executive Officer (CEO) to act as the official representative
of the City in order to submit the 2016-2017 Annual Action Plan and all
certifications and assurances contained therein; and
b. CEO to act in connection with submission of the Annual Action Plan;
and
c. CEO to approve minor changes and provide additional information as
may be required.
OLD BUSINESS: NONE
NEW BUSINESS: (2:30:20)
1. CITY COUNCIL RESOLUTION OF INTENTION RELATING TO A PROPOSED
BALLOT MEASURE TO AUTHORIZE ACQUISITION, CONSTRUCTION, OR
COMPLETION OF A CITY PLAN OF MUNICIPAL IMPROVEMENTS FOR
AFFORDABLE RENTAL HOUSING PURPOSES IN THE CITY, EXCLUDING THE
R-1 SINGLE-FAMILY ZONES, AND THEIR FINANCING THROUGH THE
ISSUANCE OF A GENERAL OBLIGATION BOND (02:30:59)
Minutes — Regular Meeting — May 3, 2016 - Page 7
RECOMMENDATION:
1. City Council adopt Resolution No. 16-xx determining the public interest and
necessity demands the acquisition, construction or completion of certain
municipal improvements for affordable rental housing purposes and their
financing through the issuance of a general obligation bond, and directing the
presentation to the Planning Commission of the city plan of municipal
improvements; and
2. City Council direct the CEO and his staff, and the City Attorney, special counsel
and financial advisor to proceed with the ballot measure for the general
obligation bond for affordable housing.
Staff presentation by Celeste Brady, Special Counsel and Stephen Dunivent,
Interim Finance Director. (02:31:00)
Discussion ensued on the current estimated costs; defining low and moderate
income housing; annual tax rates of assessed value on homes; affordable rental
housing; prevailing wages; a plan; and study sessions. (02:36:00)
Kurt Yeager, Stradling Yocca Carlson & Rauth, discussed the limitation of number
of words for the ballot measure and source of funds for affordable housing.
(02:54:00)
Public Comments: (03:09:30)
Cindy Brenneman, Costa Mesa, spoke against the item. (03:10:13)
Tamar Goldmann, Costa Mesa, spoke against the item. (03:11:20)
Kathy Esfahani, Affordable Housing Coalition, spoke on the need for affordable
housing. (03:14:10)
Jay Humphrey, Costa Mesa, spoke on the need for a study session. (03:17:30)
Linda Tang, Kennedy Commission, spoke on strategies for affordable housing.
(03:19:00)
Jeff Cullen, Costa Mesa, spoke against the item. (03:21:45)
Wendy Leece, Costa Mesa, spoke on a defined plan and a budget. (03:24:00)
Speaker, spoke against the item. (03:26:30)
Minutes — Regular Meeting — May 3, 2016 - Page 8
Public Comments Closed
Mayor Pro Tem Righeimer clarified the Bethel Towers affordability provisions; and
spoke in support of affordable housing. (03:26:30)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
(03:35:05)
Council Member Monahan spoke in support of placing the item on the ballot.
(03:35:45)
Council Member Genis spoke on the low and moderate incomes and not supporting
the item. (03:3710)
Council Member Foley spoke on not supporting the item. (03:44:48)
SUBSTITUTE MOTION: To refer the item to the Housing and Residential Rehab
Committee, the Finance and Investment Oversight Committee and the Planning
Commission. (03:52:15)
SUBSTITUTE MOTION/SECOND: Council Member Genis/Council Member Foley
(03:52:15)
Council Member Foley withdrew her motion. (03:52:25)
Motion died for a lack of a second.
ORIGINAL MOTION: To approve as recommended. (03:53:35)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Monahan and Mayor Pro Tem Righeimer
Nays: Council Member Foley, Council Member Genis, and Mayor Mensinger
Absent: None
Motion failed: 2-3-0
2. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION AND
RESOLUTION OF INTENTION, AND REVIEW OF ANNUAL REPORT (03:54:35)
Staff report presentation by Daniel Baker, Assistant to the CEO and Paulette
Lombardi -Fries, President, Costa Mesa Conference and Visitor Bureau.
Public Comments: None
Minutes — Regular Meeting — May 3, 2016 - Page 9
Discussion ensued on bus stops; attachment 5 Master Plan for Public Art; marketing
for vacations and action sport branding; funds used for branding; and calendar of
events. (04:09:00)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Genis (04:35:35)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Foley, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council received and filed the Business Improvement Area (BIA) annual
report for Fiscal Year 2015-16; and
2. City Council received and filed audited financial report for Fiscal Year 2014-15;
and
3. City Council approved Resolution No. 16-23: A resolution of the City Council of
the City of Costa Mesa, California, declaring its intention to levy an annual
assessment for fiscal year 2016-2017 for a Business Improvement Area
covering certain Costa Mesa hotels and motels and setting the time and place
for a public hearing for June 7, 2016 at 7:00 p.m.
ITEMS REMOVED FROM THE CONSENT CALENDAR (04:37:00)
1. WARRANT RESOLUTION NO. 2556 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NOS. 16-08 "A" FOR $1,191.12; and 16-09
FOR $2,089,197.86; AND CITY OPERATING EXPENSES FOR $824,635.53; AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID —
(04:37:06)
Public Comments:
Greg Tunnell, Costa Mesa, spoke on several payments. (04:37:40)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
(04:40:30)
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
Minutes — Regular Meeting — May 3, 2016 - Page 10
ACTION:
City Council approved Warrant Resolution No. 2556.
4. EMERGENCY REMOVAL OF UNDERGROUND FUEL STORAGE TANK
(04:41:08)
Public Comments: None
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor 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 received and filed.
6. TEMPORARY WEB MASTER CONSULTANT SERVICES FOR THE DESIGN AND
DEVELOPMENT OF THE CITY'S INTERNAL WEB PLATFORM AND
APPLICATIONS (04:41:28)
Council Member Foley requested continuing this item to the next meeting.
(04:41:40)
Public Comments:
Greg Tunnell, Costa Mesa, spoke in support of continuing the item and spoke on
the issue. (04:42:22)
MOTION: To continue item to the next meeting (04:25:20)
MOVED/SECOND: Council Member Foley/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Foley, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council continued the item to the next meeting.
Minutes — Regular Meeting — May 3, 2016 - Page 11
CONTINUED PUBLIC COMMENTS: (04:45:45)
Terry Koken, Costa Mesa, spoke on a song he sang. (04:46:36)
Jeff Cullen, Costa Mesa, spoke on the Trump rally at the Orange County Fairgrounds.
(04:49:53)
Public Comments Closed
REPORT — CITY ATTORNEY — NONE (04:52:54)
ADJOURNMENT - The Mayor and City Council adjourned the meeting at 10:39 p.m.
Minutes adopted on this/(7t" day of May, 2016.
ATTEST:
ensinger, Mayor
M
Brenda Green. 0tv Clerk
Minutes — Regular Meeting — May 3, 2016 - Page 12