HomeMy WebLinkAbout08/04/2015 - City Council-Housing Authority-Successor AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
August 4, 2015
CALL TO ORDER
The meeting was called to order by the Mayor at 5:47 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
CALL TO ORDER (00:00:09)
PLEDGE OF ALLEGIANCE (00:00:17) — Mayor Mensinger
MOMENT OF SOLEMN EXPRESSION (00:00:43)
Pastor Josh Harrison, ROCKHARBOR Church, Costa Mesa
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— NONE (00:01:56)
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
None
ANNOUNCEMENTS (00:02:13)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:04:46)
1. Mayor's Award —Reiner Communities/Tower on 19th (00:04:58)
Sean Burrowes, Investment Director from Reiner Communities, accepted the
Mayor's Award.
Minutes — Regular Meeting — August 4, 2015 - Page 1
Pastor Phil of Lighthouse Church, Costa Mesa, spoke on assisting individuals in the
City. (00:47:05)
Shannon Bale, Costa Mesa, spoke on the homeless; Group Home issues; and crime.
(00:50:06)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:52:06)
Mayor Mensinger spoke on homeless issues; "permit parking only" on West 19th Street;
and the OC Fair Cattle Drive. (00:52:14)
Council Member Foley spoke on the Dog Park's conditions; requested a meeting on
West Side Overlays; spoke on the firework report and data; requested water
conservation data; complimented the Segerstrom Center for the Arts for Summer at the
Center Program; spoke on homeless issues; and crime and Police presence as a
deterrent. (00:58:24)
Council Member Genis thanked the Costa Mesa Foundation and volunteers for the
Concerts in the Park series; spoke on attendance at the Eastside Community picnic;
spoke on Dog Park issues; homeless issues; spoke on transitional housing; and spoke
on West Side Overlays; (01:06:36)
Council Member Monahan spoke on the High Times Chili cook -off; spoke on the
Fairview Developmental Center Project; spoke on fireworks fundraising; the West Side
Overlays; dog park issues; homeless issues; and announced a fundraiser at Skosh
Monahan's for Fresh Beginnings Ministries. (01:13:29)
Mayor Pro Tem Righeimer spoke on the fireworks data; spoke on West Side Overlays;
spoke on parking issues and utilizing garages; spoke on homeless issues; Group Home
issues; motel issues; spoke on zoning; Police Department Staffing and crime.
(01:19:36)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:35:02)
CEO Tom Hatch spoke on National Night Out; spoke on City of Costa Mesa as Host
City for the Special Olympics including a video; thanked Costa Mesa Foundation for the
Concerts in the Park series; provided updates on Solid Landings; spoke on the West
Side Overlay schedule; spoke on the Fairview Developmental Center Project and the
Shannon Mountain project; spoke on the Dog Park issues; spoke on homeless issues
and transitional housing including and update from Assistant CEO Rick Francis and
Police Chief Sharpnack.
Minutes — Regular Meeting — August 4, 2015 - Page 3
CONSENT CALENDAR (02:25:50)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6.
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
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 adopted and approved Ordinances and Resolutions by reading title
only, and further reading waived.
2. READING FOLDER
a. Claims received by the City Clerk: Carmen Contreras, and Ramon Martin
ACTION:
City Council received and filed.
3. WARRANT RESOLUTION NO. 2540 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-14 "A" FOR $2.74
AND 15-15 FOR $2,119,338.88; AND CITY OPERATING EXPENSES FOR
$1,932,207.19; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID
ACTION:
Approved Warrant Resolution No. 2540, to be read by the title only, and waived
further reading.
4. AWARD CONTRACT FOR DEFERRED COMPENSATION PLAN
MONITORING SERVICES
ACTION:
1. City Council awarded a contract for Deferred Compensation Plan monitoring
services for one year to Benefit Funding Service Group ("BFSG"), in the total
amount of $25,000, with an option to extend the contract in four one-year
periods; and
Minutes — Regular Meeting — August 4, 2015 - Page 4
2. City Council authorized the City Chief Executive Officer to sign and execute a
professional services agreement with the selected firm, as approved by the
City Attorney's Office.
5. MINUTES
ACTION:
City Council approved the minutes of the Regular City Council and Successor
Agency Meeting of July 21, 2015.
6. CONVERSION OF CODE ENFORCEMENT OFFICER POSITION TO PARK
RANGER
ACTION:
City Council approved the newly created Code Enforcement Officer position
approved in the FY 2015-16 adopted budget to an additional Park Ranger
position within the Police Department.
City Council recessed for a break at 8:12 p.m.
City Council reconvened the meeting at 8:22 p.m.
----------------------------------- END OF CONSENT CALENDAR -------------------------- - - -
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (02:26:34)
1. PROPOSED 2015 UPDATE TO THE PARK IN -LIEU FEES (PARK FEES)
(02:35:22)
Staff report, including a PowerPoint presentation presented by Daniel Inloes,
Associate Planner, and Mitch Mosesman, Consultant, David Taussig &
Associates. (02:35:55)
Discussion ensued on fee calculations and methodology; the General Plan goal;
requirements of AB 1600; and survey of neighboring cities Park Fees. (02:53:09)
Mitch Mosesman, Consultant of David Taussig & Associates, spoke on Mitigation
Fee Act; AB 1600; fees based on existing formula; Quimby Act Maximum Fee.
(03:11:00)
Public Comments:
Tommy Thompson, Executive Director of California Apartment Association in
Orange County, spoke on fees; and recognizing park amenities in communities.
(03:27:22)
Minutes — Regular Meeting — August 4, 2015 - Page 5
Tim O'Brien, with Legacy Partners, spoke in support of reduced Park Fees for
apartments; spoke on the 580 Anton Blvd project, and consideration of on-site
amenities. (03:30:19)
Jay Humphrey, Costa Mesa, spoke on amenities included in the rent; spoke on
renters utilizing parks; and spoke in opposition to credit for park fees. (03:32:24)
Steven La Motte, Director of Government Affairs for the Building Association of
the Orange County, spoke in support of the reduced Park Fees. (03:35:25)
Beth Rafakes, Costa Mesa, spoke in support of assessing Park Fees for
apartments; and include an inflation index. (03:36:36)
Speaker, Costa Mesa, spoke in support of Park Fees for apartments; and spoke
in opposition of a decrease in Park Fees. (03:39:05)
Wendy Leece, Costa Mesa, spoke on the chart regarding grant monies; and that
not all projects have amenities and should still pay park fees. (03:40:27)
Speaker, Costa Mesa, spoke on the 2012 Park Facts; and spoke in support of
the open space increase. (03:43:00)
MOVED/SECOND: Council Member Genis/Council Member Monahan
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 gave the first reading to Ordinance No. 15-09, to be read by title
only, and waived further reading, relating to Park Impact Fees for Multi -Family
Residential Renter Development (Apartments) in Costa Mesa.
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, Mayor Pro Tem
Righeimer and Mayor Mensinger
Nays: Council Member Monahan
Absent: None
Motion carried: 4-1
Minutes — Regular Meeting — August 4, 2015 - Page 6
ACTION:
2. City Council approve the current methodology for calculating Parkland In -Lieu
fees per unit (no changes) for new Single -Family and Multi -Family residential
development for residential subdivisions.
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
MOTION: City Council approved Park Impact Fees or Apartments -Multi -Family
Renter, at $5,000 per unit.
SUBSTITUTE MOTION: City Council approve Park Impact Fees for Apartments -
Multi -Family Renter as follows: Properties that have 0-25 units $1,250.00; 26-50
units $2,500; and 50 units and above $5,000.
MOVED/SECOND: Council Member Monahan
The motion died due to a lack of second.
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:
3. City Council approved Park Impact Fees for Apartments -Multi -Family Renter,
at $5,000 per unit.
2. APPEAL OF PLANNING COMMISSION'S APPROVAL OF CASE NO. PA -08-
27A1 TO AMEND AN EXISTING CONDITIONAL USE PERMIT FOR A
JEWELRY STORE WITH ANCILLARY PAWN SERVICES AT 1872 NEWPORT
BOULEVARD (04:05:43)
Staff report, including a PowerPoint presentation presented by Assistant Planner,
Chelsea Crager. (04:06:48)
Appellant and Applicant, Dan Stansell spoke on camera surveillance at the
business; different locations for their business; spoke on loans; explained stolen
property procedures and deterrents; and spoke on the business activities.
(04:12:22)
Jordan Tabach-Bank, 3rd generation pawnbroker, spoke on the camera
surveillance and an armed guard; stolen property procedures; monetary
restrictions; loans below a certain amount not allowed; purchase and sale of
jewelry; spoke on the purchasing procedures for loans; and spoke on signage.
(04:21:30)
Minutes — Regular Meeting — August 4, 2015 - Page 7
Police Chief Robert Sharpnack spoke on Proposition 57; and stolen property.
(04:33:32)
Public Comments:
Wendy Leece, Costa Mesa, spoke in support of maintaining the $1,000 limit; and
spoke in support of no changes to the Conditional Use Permit. (04:39:52)
Speaker, spoke on concern with the signage at the side of the building; and
spoke on petty thefts and stolen goods. (04:40:51)
Mrs. Drain, Costa Mesa, spoke on stolen goods; and a database. (04:42:32)
Speaker, Costa Mesa, spoke on signage; and that limitations are not enforced on
other pawnshops. (04:44:11)
Speaker, Costa Mesa, spoke on reverting back to original Conditional Use
Permit; and spoke in opposition to pawnshops. (04:45:46)
Dan Stansell clarified comments on property not serialized; and spoke on an
upcoming statewide database. (04:48:28)
Discussion ensued on the store's primary operation, and pawn services are
ancillary services. (04:55:45)
MOTION: Uphold the Planning Commission's decision and adopt Resolution
No. 15-45.
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
SUBSTITUTE MOTION: Remove requirement for minimum loan amounts of
$2,500; expand the list of eligible goods for pawning, and the building sign be
renovated or removed.
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion failed by the following roll call vote:
Ayes: Council Member Foley, and Council Member Monahan
Nays: Council Member Genis, Mayor Pro Tem Righeimer, and Mayor Mensinger
Absent: None
Motion failed: 2-3
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Foley and Council Member Monahan
Absent: None
Motion carried: 3-2
Minutes — Regular Meeting — August 4, 2015 - Page 8
ACTION:
City Council upheld the Planning Commission's decision, and adopted
Resolution No. 15-45, read by title only and waived further reading, approving an
amendment to the Conditional Use Permit PA -08-27A1 relating to certain
conditions of approval for an existing jewelry store with ancillary pawn brokerage
services at 1872 Newport Boulevard,
City Council recessed for a break at 10:55 p.m.
City Council reconvened the meeting at 11:02 p.m.
3. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF PLANNING
APPLICATION PA -14-41: CONDITIONAL USE PERMIT FOR OPERATION OF
AN OUTDOOR FARMERS MARKET AT 183 E. BAY STREET (ST. JOHN THE
DIVINE EPISCOPAL CHURCH) (05:15:51)
Staff report, including a PowerPoint presentation presented by Associate
Planner, Antonio Gardea. (05:16:40)
Appellant, Carrie Renfro, provided presentation. (05:24:05)
MOVED/SECOND: Council Member Foley/Council Member Genis (06:10:58)
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
ACTION: City Council continued the meeting past midnight, and rescheduled
Public Hearing item #4, and New Business Items # 2 — 4 to the Council Meeting
of September 1, 2015.
Applicant, Reverend Philip DeVaul, provided presentation. (06:14:21)
Public Comments:
Speaker, Costa Mesa, spoke on closing connectivity; and other churches
requesting similar events. (06:20:29)
Barbie Gareau, Costa Mesa, spoke in favor of the Farmer's Market. (06:22:01)
David Roman, Costa Mesa, spoke in favor of the Farmer's Market. (06:22:53)
Julie Patterson, Costa Mesa, spoke in opposition of the Farmer's Market.
(06:24:13)
Minutes — Regular Meeting — August 4, 2015 - Page 9
Wendy Leece, Costa Mesa, spoke in opposition the Farmer's Market; and spoke
on safety concerns. (06:27:18)
Jay Humphrey, Costa Mesa, spoke in opposition of the Farmer's Market; spoke
on traffic and parking impacts; and the precedent of setting a commercial venue
in a residential area. (06:28:39)
Speaker, Costa Mesa, spoke in opposition of the Farmer's Market; and spoke on
homeless population. (06:30:02)
Steve V, Costa Mesa, spoke in opposition of the Farmer's Market. (06:32:48)
Alisa Jaskiewicz, Costa Mesa, spoke in opposition of the Farmer's Market.
(06:34:10)
Mitch Healey, Costa Mesa, spoke in favor of the Farmer's Market. (06:35:21)
Jerika Hayes, Costa Mesa, spoke in favor of the Farmer's Market. (06:37:41)
Dr. Jim Gatewood, Costa Mesa, spoke in favor of the Farmer's Market.
(06:39:07)
Victoria Henson, Costa Mesa, spoke in favor of the Farmer's Market. (06:41:31)
Marilyn Ashwill, Costa Mesa, spoke in opposition of the Farmer's Market.
(06:42:45)
Brian Summerfield, Costa Mesa, spoke in favor of the Farmer's Market.
(06:44:21)
John Hohl, Costa Mesa, spoke on parking issues; and in opposition of the
Farmer's Market. (06:45:57)
Jeff Kirst, Costa Mesa, spoke in favor of the Farmer's Market. (06:46:36)
Michael Lingle, Costa Mesa, spoke in favor of the Farmer's Market. (06:47:42)
Roger Jacobs, Costa Mesa, spoke in favor of the Farmer's Market. (06:49:21)
Hannah Risinger, Costa Mesa, spoke in favor of the Farmer's Market. (06:50:07)
Cory Linman, Costa Mesa, spoke in favor of the Farmer's Market. (06:51:11)
Cynthia Foley, Costa Mesa, spoke in opposition of the Farmer's Market.
(06:51:34)
Minutes — Regular Meeting — August 4, 2015 - Page 10
Nina Marshall, Costa Mesa, spoke in favor of the Farmer's Market. (06:52:39)
Tim Marshall, Costa Mesa, spoke in favor of the Farmer's Market. (06:53:15)
Speaker, Costa Mesa, spoke in favor of the Farmer's Market. (06:54:13)
Beth Refakes, Costa Mesa, spoke on a traffic concerns; and in opposition of the
Farmer's Market. (06:56:08)
Mrs. Drain, Costa Mesa, spoke on a traffic study; parking issues; and spoke in
opposition of the Farmer's Market. (06:59:10)
Chuck Perry, Costa Mesa, spoke in opposition of the Farmer's Market.
(07:01:06)
Anastasia Winley, Costa Mesa, spoke in favor of the Farmer's Market.
(07:02:43)
Speaker, Costa Mesa, spoke in opposition of the Farmer's Market. (07:04:54)
Discussion ensued on open space for the church and manor; parking
requirements; parking connectivity issues and joint use of parking; paving the
parking lot; and future expansion for a church sanctuary. (07:07:47)
Discussion ensued on joint use of parking. (07:35:22)
Note: the Regular City Council Meeting of August 4, 2015 continued past
midnight. Ordinance No. 15-08 was approved on August 5, 2015 at 1:34 a.m.
MOTION: City Council uphold the Planning Commission's decision and adopt
Resolution No. 15-46, to be read by title only, and further reading waived,
Planning Application PA -14-41 — A Conditional Use Permit (CUP) for the
operation of a Farmers Market at an existing church (St. John the Divine
Episcopal Church).
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
Mayor Mensinger withdrew his 2"d
The motion died due to a lack of a second.
MOVED/SECOND: Mayor Mensinger/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 — August 4, 2015 - Page 11
ACTION:
City Council adopted Resolution No. 15-46, read by title only and further reading
waived, reversing the Planning Commission's decision and denying PA -14-41 —
A Conditional Use Permit (CUP) for the operation of a Farmers Market at an
existing church (St. John the Divine Episcopal Church).
4. FIRST READING OF THE CAPITAL ASSET NEEDS ORDINANCE
(Rescheduled to September 1, 2015)
OLD BUSINESS:
1. SECOND READING OF ORDINANCE NO. 15-08: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING
REZONE R-14-05 FOR THE PROPERTY LOCATED AT 2880 MESA VERDE
DRIVE EAST FROM I&R (INSTITUTIONAL AND RECREATIONAL) TO
SINGLE FAMILY RESIDENTIAL DISTRICT (R1) (07:50:02)
Note: the Regular City Council Meeting of August 4, 2015 continued past
midnight. Ordinance No. 15-08 was approved on August 5, 2015 at 1:39 a.m.
MOVED/SECOND: Council Member Foley/Council Member Genis
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 the second reading and adopted Ordinance No. 15-08, read by
title only, and waived further reading, approving Rezone R-14-05 to rezone a 2 -
acre site from I&R (Institutional and Recreational) to R1 (Single Family
Residential District), for property located at 2880 Mesa Verde Drive East.
NEW BUSINESS:
1. URBAN MASTER PLAN SCREENING REQUEST (UMP -15-01) FOR A 10 -UNIT
DETACHED SMALL LOT RESIDENTIAL DEVELOPMENT WITHIN THE MESA
WEST RESIDENTIAL OWNERSHIP URBAN PLAN LOCATED AT 527 AND
531 BERNARD STREET (07:50:29)
Staff report, including a PowerPoint presentation presented by Senior Planner,
Mel Lee. (07:50:56)
Michael Marini, CEO and Founder of Planning Home Living Developer,
presented presentation. (07:54:51)
Minutes — Regular Meeting — August 4, 2015 - Page 12
Alan Scales, Architect of KTGY Group, spoke on the massing and design of the
project. (07:56:14)
Discussion ensued on three story versus two story; architecture; streetscape and
landscaping; room conversions; parking concerns; articulation; deviations; and
HOA certification for garage parking utilization. (08:00:51)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on architecture; parking and rear setbacks.
(08:13:43)
Greg Tunnell, Costa Mesa, spoke on aesthetics; and requested a moratorium.
(08:15:22)
Speaker, Costa Mesa, spoke in favor of the architecture; and spoke on
deviations. (08:18:29)
ACTION:
City Council provided feedback on a proposed Urban Master Plan for a 2- and 3 -
story, 10 -unit, detached, small lot residential development project within the
Mesa West Residential Ownership Urban Plan.
2. COUNCIL DIRECTION FOR ALLOCATION OF FIELD USE FEES
(Rescheduled to September 1, 2015)
3. REQUEST FOR REFUND OF APPEAL FEE FOR ZA-15-01
(Rescheduled to September 1, 2015)
4. DESIGNATION OF VOTING DELEGATE AND VOTING DELEGATE
ALTERNATE FOR 2015 LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE
(Rescheduled to September 1, 2015)
ITEMS REMOVED FROM THE CONSENT CALENDAR — NONE
REPORT — CITY ATTORNEY — NONE (08:20:05)
ADJOURNMENT — To the Regular Meeting
Minutes — Regular Meeting — August 4, 2015 - Page 13
The Mayor adjourned the meeting at 2:07 a.m.
Minutes adopted on this 1 st day of September, 2015.
StephMTTMAsinger, Mayor
ATTEST:
Brenda Green,
Minutes — Regular Meeting — August 4, 2015 - Page 14