HomeMy WebLinkAbout11/15/2016 - City Council-Housing Authority-Successor AgencyMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, HOUSING
AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
November 15, 2016
CALL TO ORDER (00:00:01)
The meeting was called to order by the Mayor at 5:50 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:19) — Mayor Pro Tem Righeimer
MOMENT OF SOLEMN EXPRESSION (00:00:50)
Pastor Phil Wood, Redemption Church, Costa Mesa
ROLL CALL (00:02:40)
Present: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Absent: Council Member Monahan
Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte,
Assistant Chief Executive Officer Richard Francis, Assistant Chief Executive Officer
Tamara Letourneau, Economic Development and Development Services
Director/Consultant Jay Trevino, Interim Public Services Director Raja Sethuraman, and
City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:02:55)
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — NONE
ANNOUNCEMENTS (00:03:10)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS - Estancia Sister City Presentation (00:05:06)
Jennifer Chamberlin, Estancia High School's Assistant Principal along with the Australia
2016 Sister City Youth Ambassadors from Estancia High School made a presentation
and received recognition from the Mayor.
Minutes — Regular Meeting — November 15, 2016 - Page 1
PUBLIC COMMENTS (00:14:37)
Jay Humphrey, Costa Mesa, thanked the election volunteers. (00:15:17)
Speaker, spoke on the election and a variety of issues. (00:16:58)
Speaker, spoke on clapping at City Council meetings. (00:19:48)
Robin Leffler, Costa Mesa, spoke on civility. (00:21:40)
Rachel Perry, Costa Mesa, spoke on the election. (00:22:42)
Barrie Fisher, Costa Mesa, thanked the Mayor. (00:23:58)
Sue Lester, Costa Mesa, spoke on the election. (00:24:44)
Tamar Goldmann, Costa Mesa, spoke on the election. (00:27:49)
Jeff Cullen, Costa Mesa, spoke on clapping at City Council meetings; and the election.
(00:29:49)
Chuck Perry, Costa Mesa, spoke on living in Costa Mesa; and thanked the City Council.
(00:31:40)
Speaker, spoke on the election and thanked the volunteers. (00:32:54)
Gary Parkin, Costa Mesa, thanked the Mayor for his service; spoke on the unfunded
pension liability; the Veterans ceremony and the new Heroes Hall Veterans Museum
(00:35:37)
Cindy Brenneman, Costa Mesa, spoke on the election and thanked the volunteers.
(00:37:35)
Beth Refakes, Costa Mesa, spoke on the Heroes Hall event; and the election. (00:39:42)
Alex Reich, Costa Mesa, spoke on the election; the Mesa Water District; and
homelessness. (00:41:25)
Flo Martin, Costa Mesa, spoke on traffic in the city. (00:44:45)
Sandra Rush, requested parking permits on Coolidge Avenue. (00:47:50)
Richard Mehren, Costa Mesa, spoke on the election and thanked the volunteers.
(00:51:04)
Minutes — Regular Meeting — November 15, 2016 - Page 2
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (00:52:31)
Council Member Genis thanked the volunteers; spoke on the Heroes Hall Dedication and
Veterans Day; requested a study session on a General Plan Amendment pertaining to
overlays; and spoke on the Halecrest Chili Cook off on November 18.
Mayor Pro Tem Righeimer spoke on the Veterans Day events; and the election.
Mayor Mensinger spoke on the election and thanked the volunteers and his family.
Council Member Foley spoke on voting; Heroes Hall and Veterans Day; the Home Tour
on December 1 st; a study session on Measure Y; and traffic control.
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:09:23) - NONE
CONSENT CALENDAR: (01:09:28)
MOTION: Approve recommended actions for Consent Calendar item numbers 1 through
9 except for 2, 5, 6, 7, and 8.
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: None
Absent: Council Member Monahan
Motion carried: 4-0-1
1. READING FOLDER
Claims received by the City Clerk: James Faulkner
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR AND SPECIAL CITY COUNCIL, HOUSING
AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF NOVEMBER 1, 2016 AND OCTOBER 17, 2016
ACTION:
City Council approved the minutes of the regular meeting on November 1, 2016
and special meeting on October 17, 2016.
Minutes — Regular Meeting — November 15, 2016 - Page 3
4. RESOLUTION FOR COMPREHENSIVE TRANSPORTATION FUNDING
PROGRAM APPLICATIONS
ACTION:
City Council adopted Resolution No. 16-83, approving the submittal of grant
applications for transportation improvement projects under the Orange County
Transportation Authority's (OCTA) Comprehensive Transportation Funding Program
(CTFP) for Fiscal Years 2017-18 through 2019-20.
9. ESTABLISHMENT OF THE NEW CLASSIFICATION OF ASSISTANT BUILDING
OFFICIAL
ACTION:
City Council adopted Resolution No. 16-84, which amends Resolution No. 08-59,
establishing the new Assistant Building Official job classification; and corresponding
salary range of $7,937 - $10,636 per month.
---------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. FIRST READING OF ORDINANCE 16-14 OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-1, 5-1.1,
AND 5-1.3 OF TITLE 5 AND SECTIONS 7-14 AND 7-15, AND DELETING
SECTION 7-19 OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE BY
ADOPTING THE 2016 EDITIONS OF THE CALIFORNIA CODES AND
RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS
THERETO, AND REPEALING THE ADOPTION OF THE 2013 EDITIONS OF
THE CALIFORNIA CODES AND AMENDMENTS THERETO, WITH THE
EFFECTIVE DATE OF JANUARY 1, 2017 (01:10:36)
Sheri Vander Dussen, Interim Assistant Development Services Director/
Community Improvement Division, presented the Staff Report. (01:11:24)
No public comments on the item.
MOVED/SECOND: Council Member Genis/Council Member Foley (01:12:59)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
Minutes — Regular Meeting — November 15, 2016 - Page 4
ACTION:
1. City Council adopted Resolution No. 16-85 of the City Council of the City of
Costa Mesa, California, setting forth findings with respect to local climatic and
geographic conditions within the City of Costa Mesa to allow certain modifications
and changes to the California Building Code, California Residential Code, and
California Fire Code as amended by the State of California; and
2. Gave first reading to Ordinance 16-14, to be read by title only, and further
reading waived, for the 2016 Edition of the Model California Construction
Codes and set for second reading at the Council's Dec. 6, 2016 meeting.
2. REVIEW OF PLANNING APPLICATION PA -16-55 FOR HOLIDAY
(FORMERLY LION'S DEN AND MAISON) 719 WEST 19TH STREET (01:13:44)
Ex -Parte Communications: Mayor Pro Tem Righeimer and Mayor Mensinger
spoke with the principals; Council Member Genis met with the principals; and
Council Member Foley spoke with the applicant. (01:13:54)
Mel Lee, Senior Planner, presented the Staff Report. (01:14:32)
Council Member Genis stated she requested review of the item due to concerns
with the ABC requirements; spoke on the noise study; and the bass noise.
(01:30:54)
Discussion ensued on the provisional entertainment permit and enforcement.
(01:36:56)
Karen Martin, applicant representing Pacific Planning Group, Inc., provided a
PowerPoint presentation. (01:44:43)
Public Hearing Opened:
Chuck Perry, Costa Mesa, spoke in support of the Conditional Use Permit.
(02:01:02)
Speaker, spoke on donation given to Mayor Mensinger by Javier Vasquez,
owner of the bar; and spoke on recusal policies. (02:02:00)
Discussion ensued on what constitutes an applicant. (02:05:25)
City Council recessed for a break. (02:06:42)
City Council reconvened the meeting. (02:15:30)
Minutes — Regular Meeting — November 15, 2016 - Page 5
Mayor Mensinger recused himself and stepped down from the dais, and left the
Council Chambers due to a conflict of interest. (02:15:31)
Wendy Leece, Costa Mesa, spoke against the Conditional Use Permit.
(02:16:18)
Steve Chan, Costa Mesa, spoke against the Conditional Use Permit.
(02:19:29)
MOVED/SECOND: Council Member Foley/Mayor Pro Tem Righeimer
MOTION: To continue the Public Hearing item to the January 3, 2016 City Council
meeting. (02:23:40)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Pro Tem
Righeimer
Nays: None
Abstain: Mayor Mensinger
Absent: Council Member Monahan
Motion carried: 3-0-1-1
ACTION:
City Council continued the Public Hearing item to the January 3, 2016 City Council
meeting.
OLD BUSINESS:
1. SECOND READING OF ORDINANCE 16-12 OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA 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) FOR A SELF -STORAGE FACILITY AND
RETAIL BUILDING AT 375 BRISTOL STREET (02:26:08)
Mel Lee, Senior Planner, presented the Staff Report. (02:26:45)
No public comments on the item.
MOVED/SECOND: Council Member Foley/Council Member Genis (02:27:07)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
Minutes — Regular Meeting — November 15, 2016 - Page 6
ACTION:
City Council gave second reading and adopted Ordinance 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 from PDC (Planned Development Commercial) to C2 (General Business
District).
2. SECOND READING OF ORDINANCE 16-13 OF THE CITY OF COSTA MESA,
CALIFORNIA 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 (02:27:31)
Minoo Ashabi, Principal Planner, presented the Staff Report. (02:28:14)
No public comments on the item.
MOVED/SECOND: Council Member Foley/Council Member Genis (02:27:07)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
City Council gave second reading and adopted Ordinance No. 16-13, to be read by
title only, and further reading waived, for Rezone Application R-16-02 to rezone a
23.4 -acre site consisting of three parcels (APNs: 140-041-24, 140-041-40, 140-
041-62) from Industrial Park (MP) Planned Development Commercial (PDC)
consistent with the 2015-2035 General Plan; and, Code Amendment CO -16-05 to
Title 13, Chapters IV and V related to land use matrix, floor area ratios and
Planned Development Commercial standards as related to the site.
NEW BUSINESS:
1. GENERAL PLAN SCREENING GPS -16-05 FOR PROPOSED SELF -STORAGE
FACILITY AT 390 FORD ROAD AND 1957 NEWPORT BOULEVARD WITH A
1.50 FAR INCLUDING BASEMENT FLOOR AREA (02:29:00)
Minoo Ashabi, Principal Planner, presented the Staff Report. (02:29:27)
Discussion ensued on the Floor Area Ratio (FAR) and the General Plan.
(02:35:25)
Minutes — Regular Meeting — November 15, 2016 - Page 7
Matthew Nelson, applicant representing Gresham Savage Nolan & Tilden, PC,
spoke on the project. (02:38:03)
Public Comments:
Judy Smith, Costa Mesa, spoke against the project due to problems with the
current storage facility. (02:41:47)
Discussion ensued on the FAR and the closure of Ford Road. (02:46:08)
MOVED/SECOND: Council Member Foley/Mayor Mensinger (02:52:45)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
City Council denied the General Plan amendment request for processing to
increase the allowable Floor Area Ratio (FAR) for three parcels located within the
"General Commercial" General Plan land use designation from 0.75 for very low
trip generator use to 1.50 FAR.
2. URBAN MASTER PLAN SCREENING REQUEST (UMP -16-01) FOR A MIXED-
USE DEVELOPMENT IN THE SOUTH BRISTOL ENTERTAINMENT &
CULTURAL ARTS (SOBECA) URBAN PLAN CALLED "THE PLANT" AT 769
BAKER STREET AND 2972 CENTURY PLACE (02:53:40)
Ex -Parte Communications: Council Member Foley and Mayor Pro Tem Righeimer
spoke with Mr. Sadeghi, CEO from Lab Holding, LLC. (02:54:00)
Mel Lee, Senior Planner, presented the Staff Report. (02:54:17)
Chris Bennett, applicant representing the Lab Holding, LLC., provided a
PowerPoint presentation. (03:00:39)
Mayor Pro Tem Righeimer spoke on the lack of parking in the entire area.
(03:13:11)
Council Member Genis spoke on a parking district. (03:21:33)
Discussion ensued on angled parking. (03:24:40)
Minutes — Regular Meeting — November 15, 2016 - Page 8
Public Comments:
Cynthia McDonald, Costa Mesa, supports mixed use; opposed to the four story
housing structure; and spoke on parking issues. (03:27:42)
Richard Huffman, Costa Mesa, supports re -purposing the property; spoke on
density, traffic and parking issues; spoke on lower housing density; and
community outreach. (03:30:12)
Jay Humphrey, Costa Mesa, spoke on parking issues. (03:33:16)
Beth Refakes, Costa Mesa, spoke on parking issues; modifying the project and
reducing the density; and community outreach. (03:36:12)
Richard Russell, Costa Mesa, spoke in support of the project. (03:38:38)
Council Member Foley spoke in support of the project, but would like the parking
issues addressed and density reduced. (03:41:44)
Mayor Pro Tem Righeimer spoke in support of the project, but would like the
parking issues addressed. (03:44:33)
ACTION:
City Council provided feedback on the proposed Urban Master Plan for a mixed
use development within the South Bristol Entertainment & Cultural Arts (SoBECA)
Urban Plan.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. WARRANT RESOLUTION NO. 2566 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 16-23 FOR $2,188,504.75 AND 16-22
"A" FOR $-2842.06; AND CITY OPERATING EXPENSES FOR $1,249,115.17;
AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
(03:53:21)
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: None
Absent: Council Member Monahan
Motion carried: 4-0-1
Minutes — Regular Meeting — November 15, 2016 - Page 9
ACTION:
City Council approved Warrant Resolution No. 2566.
5. MEDIAN LANDSCAPE AND IRRIGATION IMPROVEMENTS PROJECT, CITY
PROJECT NO. 16-19 (03:54:04)
Council Member Genis spoke on the project and cost concerns. (03:54:15)
Public Comments:
Robin Leffler, Costa Mesa, spoke against the project. (03:56:38)
Wendy Leece, Costa Mesa, spoke against the project. (04:00:00)
Discussion ensued on reducing the cost of the project. (04:02:08)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
MOTION: To approve the recommended actions: (04:05:09)
1. City Council adopt plans, specifications, and working details for the Median
Landscape and Irrigation Improvements Project, City Project No. 16-19; and
2. Award a construction contract to KASA Construction, Inc., 15148 Sierra Bonita
Lane, Chino, CA 91710, in the amount of $ 457,737.00; and
3. Authorize the Mayor and the City Clerk to execute the Public Works
Agreement.
SUBSTITUTE MOTION/SECOND: Council Member Foley/Council Member Genis
SUBSTITUTE MOTION: To continue the item to the December 6, 2016 City
Council meeting. (04:33:00)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
City Council continued the item to the December 6, 2016 City Council meeting.
Minutes — Regular Meeting — November 15, 2016 - Page 10
6. FINAL MAP FOR TRACT NO. 18006 LOCATED AT 326 22ND STREET AND
2212, 2216 AND 2220 SANTA ANA AVENUE, COSTA MESA, CALIFORNIA
(04:33:24)
Public Comments:
Joanne Perler, Costa Mesa, spoke on the property boundary lines; and requested
a surveyor report from the developer. (04:33:57)
Discussion ensued on the surveyor report and the boundary lines. (04:35:53)
Mayor Mensinger recused himself and stepped down from the dais, and left the
Council Chambers due to a conflict of interest with Melia Homes. (04:41:11)
Chad Brown, with Melia Homes, spoke on the communication he had with Ms.
Perler. (04:41:27)
MOVED/SECOND: Council Member Foley/Council Member Genis (04:45:50)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Pro Tem
Righeimer
Nays: None
Abstain: Mayor Mensinger
Absent: Council Member Monahan
Motion carried: 3-0-1-1
ACTION:
City Council approved the Final Map for Tract No. 18006 and authorized signing of
the Map by the City Clerk and the City Engineer.
7. FUNDING FOR LEGAL SERVICES AGREEMENT WITH BEST BEST &
KRIEGER (04:46:09)
Council Member Genis requested clarification on continuing the legal service
agreement. (04:46:30)
Discussion ensued on the legal service agreement. (04:47:32)
Public Comments:
Wendy Leece, Costa Mesa, inquired on the need to continue the contract.
(04:49:58)
Minutes — Regular Meeting — November 15, 2016 - Page 11
MOVED/SECOND: Mayor Mensinger/Mayor Pro Tem Righeimer
MOTION: To approve the recommended action: (04:51:06)
City Council authorize additional funding of $75,000 for the special counsel legal
services agreement with Best Best & Krieger (BB&K) for legal services relating to
environmental and election issues.
SUBSTITUTE MOTION/SECOND: Council Member Foley/Council Member Genis
SUBSTITUTE MOTION: To continue the item to the January 17, 2017 City
Council meeting. (04:51:15)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
City Council continued the item to the January 17, 2017 City Council meeting.
8. KIMLEY-HORN AND ASSOCIATES PROFESSIONAL SERVICES CONTRACT
AMENDMENT (04:52:23)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (04:53:34)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
1. City Council approved Amendment Two to the existing Professional Services
Agreement with Kimley-Horn and Associates to perform community
improvement consulting services in an additional amount not to exceed
$250,000 and extend the term of the agreement through June 30, 2017; and
2. Authorized the CEO and City Clerk to execute the agreement; and
3. Authorized the CEO and City Clerk to accept and execute future amendments
to the agreement.
Minutes — Regular Meeting — November 15, 2016 - Page 12
CONTINUED PUBLIC COMMENTS - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT — The Mayor and City Council adjourned the meeting at 10:44 p.m.
Minutes adoptesa 6b,�of December, 2016.
eimer, Mayor Pro Tem
ATTEST:
&AJA Ucl-
Brenda Green, City Clerk
Minutes — Regular Meeting — November 15, 2016 - Page 13