HomeMy WebLinkAbout05/07/2013 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAY 7, 2013
CALL TO ORDER
The 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
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council
Member Genis and Council Member Monahan
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS None
CLOSED SESSION
The City Council recessed into closed session at 5:07 p.m. to consider the following items:
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organizations: Costa Mesa City Employee Association
(CMCEA), Costa Mesa Firefighters Association (CMFA), Costa Mesa Police Officers
Association (CMPOA) and Costa Mesa Police Management Association (CMPMA), Costa
Mesa Fire Management Association, and Costa Mesa Division Managers Association
pursuant to Government Code Section 54957.6
2. Conference with legal counsel regarding existing litigation: Costa Mesa Employees
Association v. City of Costa Mesa, a municipal corporation, et al., Orange County Superior
Court Case No. 30-2011 00475281, pursuant to Government Code Section 54956.9(a).
3. Conference with Labor Negotiator:
Pursuant to Government Code Section 54957.6
Negotiator: City Attorney
Unrepresented Employee: Thomas R. Hatch, Chief Executive Officer
4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of
Section 54956.9: One case
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:10)
PLEDGE OF ALLEGIANCE (00:00:51) - Council Member Gary Monahan
MOMENT OF SOLEMN EXPRESSION (00:01:25)
Rabbi Eli Spitz
Minutes — Regular Meeting — May 7, 2013 - Page 1
ROLL CALL (00:00:28)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council
Member Genis and Council Member Monahan.
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
Peter Naghavi, Public Services Director Ernesto Munoz, and City Clerk Brenda Green.
CLOSED SESSION REPORT None
ANNOUNCEMENTS (00:02:10)
"Costa Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATIONS (00:04:20)
Darnell Wyrick, President of Mesa Verde Community Inc. recognized and presented the Public
Services Department with a Service Excellence Award. The presentation included a Power
Point demonstration of projects that positively affected the community of Costa Mesa. Ernesto
Munoz, Public Services Director thanked Mesa'Verde Community Inc. for the recognition to the
department and employees.
Mayor Righeimer presented John Sendrey with a certificate of recognition for assisting in
rescuing a lost hiker in Trabuco Canyon. Mr. Sendrey thanked everyone that supported the
rescue effort and thanked the City for the recognition.
PUBLIC COMMENTS (00:18:45)
Ernie Feeney, Costa Mesa, spoke on the Mesa Water District; including the annual amount the
city pays in water; water board members salaries; and water district increases. (00:19:00)
Bob Dugan, Costa Mesa, requested handicapped parking at the Golf Course and banners for
service members. (00:22:46)
Al Melone, Costa Mesa, spoke on the new Civic Center project in Newport Beach, and their dog
park. (00:24:00)
John Feeney, Costa Mesa, spoke on the recruitment and fees for the Senior Center Board.
(00:27:00)
Perry Valantine, Costa Mesa, requested the City Council to address Business License Fees.
(00:29:28)
Martin H. Mallard, Costa Mesa, spoke regarding a recent crime and rental housing. (00:31:56)
Minutes — Regular Meeting — May 7, 2013 - Page 2
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Gary Kutcher OC Marathon Director, thanked the Council and City for having the race, thanked
the Police and Fire Department for their great coordination and reported on the success of the
event. (00:35:00)
Cindy Brenneman, Costa Mesa, praised the Police Department on the OC Marathon and
expressed gratitude for Mr. Nagavi's service. (00:37:42)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Wendy Leece encouraged residents to apply for the Citizen Advisory
Committee; spoke regarding the Cancer Society Relay for Life event to be held on June 8-9,
2013; reported on her attendance at the Financial Oversight Committee Meeting; asked to
agendize the Business License Fee structure; spoke on the Senior Center Annual Fundraiser;
announced two upcoming community events: Arts in the Park on May 11 th at Estancia Park from
12 p.m. to 4 p.m., and a Community Workshop on the General Plan and Housing Element at the
EOC on May 15th from 6 p.m. to 7:30 p.m.; and addressed Mr. Dugan's question on the Military
Banners. (00:40:47)
Mayor James M. Righeimer announced that he will be out of town at the ICSC convention and
asked Council Member Leece to assume the duties of the Mayor on May 22nd; spoke on the
Senior Center Committee fees; and expressed support for a charter for local control and saving
money. (00:48:34)
Mayor Pro Tem Steven Mensinger spoke on the success of the Orange County Marathon event;
wished his youngest son a happy birthday; expressed gratitude for Mr. Nagavi's service and
wished him the best; and spoke on his commitment to Mr. Weitzberg regarding the Relay for
Life. (00:52:50)
Council Member Genis announced an opening
May 9th; reported on her attendance at a SCAG
equipment for street sweepers; spoke on the
Nagavi for all his work. (00:55:42)
Art Exhibit from OCCC students on Thursday,
conference; spoke on rules of purchasing new
Banning Ranch Agreement; and thanked Mr.
Mayor Righeimer requested the City Manager to agendize the Banning Ranch Agreement.
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (00:59:15)
CEO Thomas Hatch announced various upcoming meetings; announced that an upcoming
budget document will be available by hardcopy and online; congratulated the City on the
Mayor's Celebration for it's great success; thanked Mr. Navagi for his work and provided a
status on the recruitment for the new position of Economic and Development Services Director.
Minutes — Regular Meeting — May 7, 2013 - Page 3
CONSENT CALENDAR (01:03:24)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 13 except
for Items 5,7,8,10 and 12.
MOVED/SECOND: Mayor Righeimer/Council Member Monahan
The motion carried unanimously.
1. READING FOLDER
a. Claims received by the City Clerk: Allstate/Joneen Ohlaker; Efleda Concepcion; and
Jenna Oestreicher
ACTION: Received and processed.
2. MINUTES: Regular Study Session of April 9, 2013, Special Meeting of April 9, 2013,
Regular City Council Meeting of April 16, 2013, and Special Joint Meeting of the City
Council and Successor Agency of April 30, 2012.
ACTION: Approved.
3. WARRANT RESOLUTION 2469: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL! REGISTER NO. 13-07A AND 13-08 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 13-07A for $1,965.00, Payroll No. 13-08 for $2,061,628.33 and City
operating expenses for $1,036,358.46, including payroll deductions.
ACTION: Approved.
4. WARRANT RESOLUTION 2470: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding City operating expenses for $780,489.31.
ACTION: Approved.
6. ENERGY PARTNERSHIP CONTRACT EXTENSION BETWEEN SOUTHERN
CALIFORNIA GAS COMPANY AND THE CITY OF COSTA MESA FOR 2013-2014
ACTION: Approved. Authorized the CEO to execute an extension to the existing energy
partnership agreement between the City of Costa Mesa and Southern California Gas
Company for 2013-2014.
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9. 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT:
GISLER AVENUE ALLEY IMPROVEMENT PROJECT (ALLEY NO. 31), FROM
CORIANDER DRIVE TO CINNAMON AVENUE — CITY PROJECT NO, 12-13
ACTION: Approved. City Council accepted the work performed by Nobest, Inc.,
authorized the City Clerk to file the Notice of Completion, release the Labor and Material
Bond seven (7) months after the filing date; release the Faithful Performance Bond one
(1) year after the filing date; and release the retention monies 35 days after the Notice of
Completion filing date.
11. PROFESSIONAL TRAFFIC ENGINEERING SERVICES CONTRACT
ACTION: Approved Contract Change Order and Budget Adjustment for the extension of
the Professional Services Agreement to Kabbara Engineering, 21 North Harwood Street,
Orange, California, 92866, in the amount of $99,500, for traffic engineering services; and
authorized the Chief Executive Officer to execute the Contract Change Order and the
Budget Adjustment.
13. FAIRVIEW PARK CITIZENS ADVISORY COMMITTEE VOTING MEMBERS
ACTION: Approved. City Council appointed the two alternate members, Lee Ramos and
Dennis Popp, as regular voting members on the Fairview Park Citizens Advisory
Committee.
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:04:15)
5. WARRANT RESOLUTION 2471: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-08 "A" AND 13-09 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 13-08A for $3,304.67, Payroll No. 13-09 for $2,009,820.19 and City
operating expenses for $613,747.83, including payroll deductions. (01:04:15)
Council Member Leece inquired on a payment to Chip Espinoza for conducting 28
listening groups for $14,000 dollars.
CEO Hatch explained that Mr. Espinosa has been meeting with employees and that a
report will be forthcoming.
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Leece
Motion unanimously carried: Approved payment.
Minutes — Regular Meeting — May 7, 2013 - Page 5
7. AWARD THREE YEAR CONTRACT FOR MANAGED INVESTMENT SERVICES
(01:07:00)
Council Member Genis requested to continue the item.
Eleanor Egan, Costa Mesa, outlined problems in the contract and expressed support for
the continuance of the item. (01:07:40)
Robin Leffler, Costa Mesa, expressed support for the continuance of the item. (01:11:25)
Michael King, Costa Mesa, expressed opposition to one asset management company for
a 40 million dollar portfolio. (01:12:53)
CEO Hatch indicated that additional information will be provided on this item, and spoke
on the RFP process and investment policy.
Council. Member Leece indicated that she would like to receive an analysis on current
investments and future recommendations.
MOTION/SECOND: Council Member Genis/Mayor Righeimer
The motion carried unanimously: Item Continued.
8. ADOPT RESOLUTION AUTHORIZING, THE AMENDMENT AND RESTATEMENT OF
THE CITY OF COSTA MESA DEFERRED COMPENSATION PLAN FOR PUBLIC
EMPLOYEES — SECTION 457 GOVERNMENTAL PLAN AND TRUST TO ENSURE
COMPLIANCE WITH APPLICABLE LEGISLATIVE AND REGULATORY
REQUIREMENTS AND THE ESTABLISHMENT OF A TRUST TO HOLD ASSETS FOR
THE EXCLUSIVE BENEFIT OF PLAN PARTICIPANTS AND BENEFICIARIES
(01:17:55)
Bobby Young, Finance and IT Director indicated that this item brings the plan up to date
with current law.
Council Member Genis indicated that she has money in the deferred compensation plan
and will abstain from voting on this item. -
Council Member Monahan indicated that he also has money in the deferred
compensation plan and will abstain from voting on this item.
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Leece
Noes: None
Abstain: Council Member Genis and Council Member Monahan
Motion carried 3-0-2:
1. City Council adopted a resolution amending and restating the City of Costa Mesa
Deferred Compensation Plan and Trust in accordance with applicable legislative and
regulatory requirements and establishing a trust to hold Plan Assets for the exclusive
benefit of Plan participants and beneficiaries; and
Minutes — Regular Meeting — May 7, 2013 - Page 6
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2. Designated the Administrative Committee to serve as Trustee for the City's Deferred
Compensation 457 Plan.
10. RENEWAL OF THE USE AGREEMENT WITH THE HARBOR SOARING SOCIETY
(01:32:05)
Council discussed the agreement term and possible extension of the term. (01:32:15)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
City Council renewed the Use Agreement with the Harbor Soaring Society for one year
for the use of a portion of Fairview Park.
12. PURCHASE OF DESKTOP COMPUTERS (01:20:10)
Staff report provided by Bobby Young, Finance Director.
Martin Mallard, Costa Mesa, spoke on the purchase of desktop computers; including
quantity and life expectancy. (01:20:30)
Discussion ensued regarding purchase rotation for city computers, desktops to be
replaced and purchase pricing. (01:25:30)
Beth Refakes, Costa Mesa, spoke on the replacement of desktops, recommended
wireless mouses and expressed support in upgrading current infrastructure. (01:27:25)
Cindy Brenneman, expressed support for the purchase of desktop computers, and
wireless key boards. (01:30:00)
Mr. Young indicated that old property will be handled through the surplus property
process.
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
The motion carried unanimously:
City Council approved and authorized the CEO to sign the purchase agreement in the
amount of $358,110 for desktop computers citywide, with JPK Micro Supply, Inc., 15316
E. Valley Blvd., City of Industry, California 91746.
Minutes — Regular Meeting — May 7, 2013 - Page 7
PUBLIC HEARING
1. REQUEST FOR REVIEW OF PLANNING APPLICATION PA-13-04/TENTATIVE
TRACT MAP NO. 17519 FOR A 14 -UNIT RESIDENTIAL COMMON INTEREST
DEVELOPMENT AT 2157 AND 2159 TUSTIN AVENUE (01:35:12)
Staff report provided by Minoo Ashabi, Principal Planner.
Discussion ensued regarding the meaning of a de novo hearing, zoning codes,
variances, tract map and design review, setbacks, public noticing on common lot
requirements, the management and homeowner association process, planning process,
curb requirements, traffic impacts, open space and common lot requirements,
maintenance association and on site parking. (01:51:20)
The City Council announced ex -parte communications: (02:06:55)
Mayor Pro Tem Mensinger met with the developer and four residents; Mayor Righeimer
met with three members of the association and spoke with the developer; Council
Member Genis met with Mr. White and Mr. Buchanan and a neighbor; Council Member
Leece met with Mr. White, Mr. Buchanan, his wife and three of the neighbors; and
Council Member Monahan spoke with Mr. White and a neighbor.
Presentation on the project by the applicant Matt White, Matt White Custom Homes, and
Keith Palmer, Architect. (02:13:00)
Discussion ensued regarding floor plans, common lot requirements, the tract map, usable
yard space, and trash pick up. (02:47:10)
Jonathan Atha, President of the Catalina Shores Homeowners Association, spoke on the
project and requested scaling back the large second floor mass, increase back yard
setbacks, and maintain the city's minimum side yard setback requirements. (02:56:20)
Lance Ryan, Costa Mesa, expressed concerns with privacy in back yards and property
values. (03:02:00)
Mark Buchanan, Costa Mesa, expressed concerns on density and views from his yard.
(03:02:30)
Kathryn Anderson, Costa Mesa, expressed support for the development. (03:06:10)
Jim Little, Newport Beach, expressed concerns with the variances, deviations, and the 3'
side yards, and the Edison easement (submitted a letter). (03:09:10)
Jay Humphrey, Costa Mesa, expressed concerns with' the parking lot size, trash pick up
issues, homeowner's association dues, and traffic impacts. (03:12:30)
Jeanie Messing, Newport Beach, expressed concerns on density, traffic and safety
issues. (03:15:45)
Todd Bousman, Costa Mesa, expressed support for the development and the pleasing
aesthetics. (03:19:10)
Minutes — Regular Meeting — May 7, 2013 - Page 8
Robin Leffler, Costa Mesa, expressed concerns with special variances. (03:20:20)
William Michael King, Costa Mesa, expressed opposition to the project. (03:23:50)
Wayne Rizzo, Costa Mesa, expressed support for the project and the builder. (03:25:50)
Owner, Rob's Remodeling, Santa Ana, submitted a letter expressing concerns with a 3'
side yard.
City Council and staff reviewed the deviations, variances, easements, location of trash
containers, setbacks and tract maps. (03:28:20)
Mayor Righeimer expressed support for a small lot subdivision Ordinance and supports
the building of single family homes and this project.
Council Member Genis inquired on the status of an Ordinance on small lot subdivisions.
(03:40:50)
Council Member Leece stated she would not support the project and expressed concerns
with density, variances, lack of open space, and trash cans. (03:41:30)
Council Member Monahan expressed support for the project, and that it would be an
improvement to the neighborhood. (03:43:00)
Council Member Genis expressed concerns with variances, zoning changes, the
development of small lot subdivisions, and public noticing. (03:51:00)
Council Member Leece expressed concerns with the density although it is a quality
project. (03:57:15)
MOTION/SECOND: Mayor Righeimer/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan
Nayes: Council Member Genis and Council Member Leece
Motion carried 3-2:
The City Council upheld the Planning Commission's Decision to approve the proposed
project, described below:
Planning Application PA -13-04
Design Review to construct a 14 -unit, two-story detached single family
residential development, including the following:
a. Variance from open space requirement (40% required, 39% proposed);
b. Variance from common lot requirement;
c. Administrative Adjustment to reduce the front setback requirement for main
buildings (20 feet required, 11 to 13 feet proposed);
Minutes — Regular Meeting — May 7, 2013 - Page 9
d. Administrative Adjustment to reduce the distance between main buildings
(10 feet required, 6 feet proposed);
e. Minor modifications to reduce front setback requirement for a perimeter wall
along Tustin Avenue (10 feet required, 8 feet proposed);
f. Deviation from residential design guidelines related to second floor to first
floor ratio (80% recommended, 99% to 108% proposed).
Tentative Parcel Map No. 17519
Tentative Tract Map to subdivide a 1.24 -acre parcel for individual
homeownership purposes.
10:00 p.m. - The City Council recessed for a break.
10:12 p.m. — The City Council reconvened the meeting.
NEW BUSINESS
1. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION AND RESOLUTION OF
INTENTION, AND REVIEW OF ANNUAL REPORT (04:09:00)
Staff report presented by Christine Cordon, Special Events Coordinator.
No public comments received.
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
1. City Council received and filed the audited financial report for Fiscal Year 2011-12;
2. Approved Resolution No. 13-xx: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN
ANNUAL ASSESSMENT FOR FISCAL YEAR 2013-2014 FOR A BUSINESS
IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND
MOTELS AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON
PROPOSAL.
2. PROPOSED CHARTER (04:13:30)
Staff report presented by Kimberly Barlow, Special Counsel.
Council discussed the time line for members to serve on the board. (04:15:25)
Perry Valantine, Costa Mesa, expressed support for an elected Commission. (04:21:25)
Jay Humphrey, Costa Mesa, expressed concerns on the applicants already serving on other
committee's and time commitment for member's. (04:24:00)
Terry Koken, Costa Mesa, spoke on the November 2012 charter and indicated support for an
elected commission. (04:27:50)
Minutes — Regular Meeting — May 7, 2013 - Page 10
Robin Leffler, Costa Mesa, supports an elected commission, and indicated support for another
study session. (04:31:20)
Harold Weitzberg, Costa Mesa, indicated preference for an elected commission and requested
to be appointed to the Committee. (04:32:50)
Sue Lester, Costa Mesa, requested a committee membership that reflects all the people in
Costa Mesa. (04:33:30)
Mary Ann O'Connell, Costa Mesa, supports an elected commission and requested a committee
that represents the community. (04:36:30)
Tom Pollitt, Costa Mesa, expressed support for a charter. (04:38:10)
William Michael King, Costa Mesa, expressed support for a charter. (04:39:20)
Beth Refakes, Costa Mesa, spoke on the charter and expressed support for a 15 member
Committee. (04:41:20)
Discussion continued on the selection method of members, the process for a charter committee,
the previous charter effort, and the need for a facilitator. (04:43:50)
MOTION/SECOND: Mayor Righeimer/Council Member Monahan: Formation of a Charter
Committee to include 13 members, 5 members selected by each Council Member, 5 through the
normal nomination process, and last three members selected by lottery and authorize the CEO
to find a facilitator/s to assist in drafting the charter.
Mayor Pro Tem Mensinger recommended having two facilitators. (05:01:50)
Discussion ensued regarding the charter process, public meetings for the charter, criteria for
membership and the selection process. (05:02:10)
Attorney Barlow recommended an application period of 5/8/13 to 5/28/13. (05:06:00)
SUBSTITUTE MOTION/SECOND: Council Member Genis/Council Member Leece:
Charter committee of 15 members; one appointed by each Council Member; remaining ten by
lot of qualified individuals.
Ayes: Council Member Genis and Council Member Leece
Noes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan
Motion failed 2-3
ORIGINAL MOTION/SECOND: Mayor Righeimer/Council Member Monahan:
Formation of a Charter Committee to include 13 members, 5 members selected by each Council
Member, 5 through the normal nomination process, and last three members selected by lottery;
and authorize the CEO to find a facilitator/s to assist in drafting the charter.
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan
Noes: Council Member Genis and Council Member Leece
Motion carried 3-2
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3. REORGANIZATION OF COSTA MESA FIRE DEPARTMENT (5:20:17)
Staff report provided by CEO Tom Hatch, Into Fire Chief Tom Arnold, and Acting Deputy
Chief Fred Seguin.
Council and staff discussed the new model, enhancing public safety, the closing of Metro Fire
Station 6, automatic aid with agencies, purchasing of ambulances, projected savings from salary
and benefits, ambulance options, staffing for vehicles, emergency response times, mutual aid
with surrounding communities, and the firefighter reserve program. (05:23:20)
NOTE: SPECIAL ITEM:
MOTION/SECOND: Council Member Monahan/Council Member Genis
The motion carried unanimously:
ACTION: To continue the meeting past midnight.
David Kincaid, Costa Mesa, complemented Chief Arnold and CEO Hatch for their work and
expressed support on the proposal. (06:12:00)
Perry Valantine, Costa Mesa, expressed support for the program. (06:15:45)
Beth Rafakes, Costa Mesa, expressed support for the program and inquired as to the savings to
the residents for ambulance fees. (06:15:45)
Sue Lester, Costa Mesa, indicated support for the plan, inquired on the position of the new Fire
Chief, EMS coordinator, training officer for staff; and community outreach. (06:19:00)
Cindy Brennaman, Costa Mesa, expressed concerns regarding three firefighters on a rig, EMS
or medical related calls, the fire inspection program, and training for staff; and inquired on the
process of hiring for a new Fire Chief and the costs for consultants. (06:22:40)
Staff responded to questions and inquiries from public speakers. (6:27:08)
Mayor Pro Tem Mensinger inquired about issues addressed by Mr. Sakioka, in the South Coast
Metro area, spoke on maintaining facilities, and' the signal pre-emption. (06:34:00)
Discussion continued regarding signal pre-emption and coordination with multiple agencies.
(06:35:00)
Council Member Genis inquired if the motion includes the provisions in the memorandum
presented by Claire Flynn, which prevents the City from double dipping if we close the Metro
Point Station. (06:37:00)
Attorney Duarte indicated that it is part of record and is included in the development agreement.
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Minutes — Regular Meeting — May 7, 2013 - Page 12
CEO Hatch indicated that the memorandum will be included as part of the record. (06:38:00).
Memorandum included as follows:
To: City Council
From: Claire Flynn, Assistant Development Services Director
Date: May 3, 2013
Subject; Development Agreements in North Costa Mesa
The purpose of this memo is to respond to a question received from the public regarding existing
development agreements in North Costa Mesa, as they relate to the Council's decision on the
reorganization of the Fire Department.
There are Development Agreements in place which include previously -approved, unbuilt entitlements in
North Costa Mesa. For example, these Development Agreements pertain to future new development at
Metro Pointe, Home Ranch, Sakioka Lot 2, Segerstrom Town Center, Segerstrom Center for the Arts,
and Pacific Arts Plaza.
Pursuant to the Development Agreement(s), the City and the Owner agree that.
1. The consideration to be received by the City and the rights secured to the Owner hereby constitute
sufficient consideration to support the covenants and agreements of the City and the Owner.
2. Unless otherwise specified in the Development Agreement, the rules, -regulations, and official policies
governing permitted uses, density, design, improvement, and construction are -those in effect when the
agreement is executed.
3. Unless otherwise specified in the Development Agreement, the development exactions or
development impact fees applicable to the unbuilt entitlements are those in effect when the agreement is
executed.
In short, unless otherwise stated in the Development Agreement, the Development Agreement limits the
power of the City to apply newly enacted ordinances or impact fees to previously -approved entitlements
where buildout is anticipated to occur in the future.
Mayor Righeimer recognized Fire Chief Arnold and Acting Deputy Chief Seguin and staff for
their negotiations and work. (06:40:00)
Council Member Genis expressed support for this item and indicated support in paying down the
fire side fund, and possibly keeping a medic van during peek season. (06:41:00)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously.
City Council approved the following:
1. Adopted the "Alternative Model' Restructuring Plan (attachment 1) as recommended by the
Interim Fire Chief;
2. Adopted the two-phase approach to the implementation plan as recommended by the CEO
and outlined in number 1 to 8 on page 3-4;
Minutes — Regular Meeting — May 7, 2013 - Page 13
3. Directed staff to obtain the necessary information and conduct appropriate studies
concerning ambulance transportation then agendize for City Council consideration in the
future;
4. Adopted the recommendations numbers 1 through 17 of Table A as outlined in this staff
report; and
5. Directed staff to modify the CEO's Proposed FY 2013-2014 Budget to include the financial
impact as described in the outlined recommendations.
REPORT — CITY ATTORNEY
The Mayor adjourni�at 12:45 p.m.
MAYO
CITY C- ERK
Minutes — Regular Meeting — May 7, 2013 - Page 14
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