HomeMy WebLinkAbout07/16/2013 - City Council - Housing Authority - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
COSTA MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
July 16, 2013
CALL TO ORDER
The meeting was called to order by the Mayor at 5:00 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council
Member Leece, and Council Member Genis
Council Members Absent: Council Member Monahan (Arrived at 6:10 p.m.)
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 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 California 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 California Government
Code Section 54956.9(a).
3. Conference with legal counsel regarding existing litigation: City of Costa Mesa v.
D'Alessio
Investments, LLC, a Nevada Corporation; et al.: Orange County Superior Court
Case No. 30-2011-00468876, pursuant to California Government Code Section
54956.9(a).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:12)
Minutes — Regular Meeting — July 16, 2013 - Page 1
PLEDGE OF ALLEGIANCE (00:00:15) — Led by Council Member Leece
MOMENT OF SOLEMN EXPRESSION - NONE
ROLL CALL (00:00:48)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece,
Council Member Genis and Council Member Monahan (arrived at 6:10
P.M.).
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, Interim City Engineer Fariba Fazeli, and City Clerk
Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:01:00)
The City Attorney stated that there was no reportable action.
ANNOUNCEMENTS (00:02:00)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS - NONE
PUBLIC COMMENTS (00:04:17)
Martin Millard, Costa Mesa, spoke about code enforcement, and a public records
request he submitted. (00:04:36)
Sheila Pfafflin, Costa Mesa, expressed her opposition to the W. 18th Street
development. (00:07:10)
Jay Humphrey, Costa Mesa, spoke on the Visioning Workshop, and fireworks.
(00:09:55)
Beth Refakes, Costa Mesa, commented on fireworks, and attendance at the General
Plan meetings. (00:12:20)
Speaker, Costa Mesa, expressed support of banning fireworks. (00:14:49)
Robin Leffler, Costa Mesa, played a video clip of the Mayor speaking about the Charter.
(00:16:07)
Minutes — Regular Meeting — July 16, 2013 - Page 2
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Leece spoke on fireworks and the formation of a subcommittee to
study fireworks; liquor licenses and Alcohol Beverage Control training; General Plan
workshops; upcoming meeting for the improvement of the 405 freeway; appeal of the
temporary lights at Harper School; field use at Fairview Developmental Center; fields at
Whittier School; costs for the field ambassador and the repair and maintenance of the
lights; the 60th Anniversary Committee volunteers; and 2.5 Franchise Fee on Consent
Calendar Item 6. (00:19:52)
Council Member Monahan spoke about Triangle Square; West 18th Street
Development; firework safety and fireworks as an opportunity for youth groups to raise
money; AYSO 97 and the lights at Harper School; field use by Costa Mesa and Newport
Beach residents; code enforcement; multi -family complexes; and Eastside street
improvements. (00:30:18)
Mayor Righeimer responded to public comments regarding a video clip of him speaking;
spoke about the charter and process; the Fourth of July holiday and enforcement;
Westside project; upgrades and improvements to the city; and public employee
pensions. (00:39:02)
Mayor Pro Tem Mensinger expressed his support for the 18th Street Development;
spoke on developments and traffic concerns that never came to fruition; improvements
in the city; Fourth of July week; safe and sane fireworks; the 60th Anniversary event;
thanked staff for their efforts to solve an issue; and expressed support for the lights at
Harper School. (00:50:56)
Council Member Genis spoke on Quonset huts, the Metro Pointe development, and
public noticing; expressed concerns regarding fireworks; thanked TNT for cleaning up
the parks; spoke on Measure V from 1990 regarding conflict of interest and campaign
contributions; and thanked for the installation of the bluebird boxes in the parks.
(01:02:17)
Ex -Parte Communications:
Council Member Leece disclosed she had a conversation with Jennifer Muir of Orange
County Employees' Association regarding pension reform. (01:10:10)
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:11:05)
CEO Hatch spoke about franchise fee and gross receipts related to Consent Calendar
Item 6; the public records request process and code enforcement; discount coupons for
admission to the Orange County Fair; the upcoming Target Symphony in the Cities
event; the 60th Anniversary Committee; and noted a request to change the public
hearing date from August 20, 2013 to September 3, 2013 for Consent Calendar Item 5.
Minutes — Regular Meeting — July 16, 2013 - Page 3
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CONSENT CALENDAR (01:17:23)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8
except for Items 3 and 5.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member Monahan,
Mayor Pro Tem Mensinger, and Mayor Righeimer.
Noes: None
Absent: None
Abstain: Mayor Righeimer (on Consent Calendar Item No. 8)
Motion carried: 5-0 (Items 1-8, excluding Item Nos. 3, 5, and 8)
Motion carried: 4-0-1 (on Consent Calendar Item No. 8)
1. READING FOLDER
a. Claims received by the City Clerk: Robert G. Voll and Robert McKenzie
b. Requests for Alcohol Beverage Control Licenses:
1. For Filomena's, LLC, dba Filomena's Italian Kitchen, at 2400 Newport
Boulevard #4, an original State Alcoholic Beverage Control (ABC) License
Type "41" (On -Sale Beer and Wine, Eating Place).
2. For 3 Men and a Dog, LLC, dba Jerry's Wood Fired Dogs, at 1510 Adams
Avenue, Suite B, an original State Alcoholic Beverage Control (ABC)
License Type "41" (On -Sale Beer and Wine, Eating Place).
3. For Akenavin Corporation, dba Nimman Thai Cuisine, 1450 Baker Street,
Suite C, a person-to-person transfer of a State Alcoholic Beverage Control
(ABC) License Type "41" (On -Sale Beer and Wine, Eating Place).
4. For Costa Mesa 55 Tavern & Bowl, LLC, dba Costa Mesa Tavern & Bowl,
1875 Newport Boulevard, Suite 1-1-111, a person-to-person and premise -
to -premise transfer of a State Alcoholic Beverage Control (ABC) License
Type "47" (On -Sale General, Eating Place).
ACTION: Received and filed
2. MINUTES: Regular Meeting of May 21, 2013.
ACTION: Approved.
Minutes — Regular Meeting — July 16, 2013 - Page 4
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4. WARRANT RESOLUTION 2481: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-13 "A" AND 13-
14 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding Payroll No. 13-13 "A" for $-4,018.38, Payroll No. 13-14 for
$2,003,177.64 and City operating expenses for $1,611,197.25.
ACTION: Approved.
6. PROFESSIONAL SERVICES AGREEMENT FOR REFUSE REMOVAL
SERVICES AT CITY FACILITIES
ACTION:
1. City Council approved the Professional Services Agreement with Ware
Disposal Company, Inc., 1018 N. Lincoln Street, Santa Ana, CA 92701, for a
two (2) year contract for Refuse Removal Services at City facilities for a not -to
exceed cost of $108,921 annually, if the parties subsequently agree in writing;
and
2. Authorized the Public Services Director to extend the Professional Services
Agreement each fiscal year, for up to a maximum of five (5) additional one-
year terms, as applicable, only if the rate increase is equal to or less than the
annual Consumer Price Index (CPI).
7. PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE
FAIRVIEW PARK WETLANDS BOARDWALK
ACTION:
City Council awarded a contract to David Volz Design, 151 Kalmus Drive,
Costa Mesa, CA 92626 in the amount of $124,895 for professional services
for the Design of the Fairview Park Wetlands Boardwalk Project; and
2. Approved Budget Adjustment No. 14-004 in the amount of $124,895; and
3. Authorized the Mayor and the City Clerk to execute the Professional Services
Agreement and Budget Adjustment.
Minutes — Regular Meeting — July 16, 2013 - Page 5
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8. FIRST AMENDMENT TO COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION (CHDO) PREDEVELOPMENT LOAN AND COMMITMENT OF
HOME PROGRAM FUNDS AGREEMENT
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Ayes: Mayor Pro Tem Mensinger, Council Member Genis, Council Member
Leece, Council Member Monahan
Noes: None
Abstain: Mayor Righeimer, due to a conflict of interest as he is a Board Member
for Mercy House.
Motion carried: 4-0-1
ACTION: City Council and Housing Authority approved the First Amendment to
Community Housing Development Organization (CHDO) Predevelopment Loan
and Commitment of HOME Program Funds Agreement ("First Amendment") by
and among the City of Costa Mesa ("City") and the Costa Mesa Housing
Authority ("Housing Authority") and Mercy House CHDO, Inc. ("Mercy House")
and Wakeland Housing and Development Corporation ("Wakeland"). The Mercy
House and Wakeland team is collectively referred to as "Developer". The First
Amendment increases the Predevelopment Loan by $85,257, which results in a
total commitment of up to $585,257 in prior years' HOME funds for a permanent
supportive housing project to serve the Costa Mesa homeless population.
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:18:09)
3. WARRANT RESOLUTION 2480: 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 $1,117,692.37.
(01:18:18)
Mike Hermanos, Costa Mesa, spoke regarding the payment to Kim Barlow,
Jones & Mayer. (01:18:29)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer.
Noes: None
Absent: None
Motion carried: 5-0
ACTION: Approved.
Minutes — Regular Meeting — July 16, 2013 - Page 6
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5. NOTICE OF INTENT FOR THE VACATION OF A PORTION OF FULLERTON
AVENUE AT 1826 FULLERTON AVENUE (01:18:07)
MOTION/SECOND: Council Member Monahan/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer.
Noes: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council set a public hearing on September 3, 2013 for the vacation of a
portion of Fullerton Avenue Right -of -Way (ROW); and
2. Adopted Resolution of intent to vacate a portion of Fullerton Avenue Right -Of -
Way (ROW).
PUBLIC HEARINGS — (01:20:21)
1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR
DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS (01:20:22)
Staff report provided by Bobby Young, Finance and I.T. Director. (01:20:46)
Discussion ensued regarding compliance; researching case files; and availability
of spreadsheets. (01:22:53)
Council Member Genis inquired if the lien at 2920 Royal Palm Drive should be on
the list. (01:27:05)
Public Comments:
Robin Leffler, Costa Mesa, spoke on the interruption of speakers; and expressed
support of reviewing the people on the list. (01:29:23)
Sheila Pfafflin, Costa Mesa, expressed concern about proceeding due to
anomalies raised; and spoke regarding the process being consistent and
accurate. (01:30:49)
Erik Jolliff, Costa Mesa, spoke about his property and his efforts to remedy the
violation. (01:31:55)
Minutes — Regular Meeting — July 16, 2013 - Page 7
MOTION: Adopt Resolution No. 13 -XX entitled "A Resolution of the City Council
of the City of Costa Mesa certifying Special Assessments for Collection of
Delinquent Civil Citations for Municipal Code Violations"; and direct staff to
Remove #12 and #18 from the Special Assessment Liens List.
Willa Bouwens-Killeen, Acting Chief of Code Enforcement, indicated that #12 is
still on the list. (01:39:39)
Council Member Monahan amended his motion to remove #18 only. (01:39:59)
AMENDED MOTION: Adopt Resolution No. 13 -XX entitled "A Resolution of the
City Council of the City of Costa Mesa certifying Special Assessments for
Collection of Delinquent Civil Citations for Municipal Code Violations"; and direct
staff to Remove #18 from the Special Assessment Liens List.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Discussion ensued on the research of items on the agenda, the Special
Assessment Liens process, code enforcement, policy change, and staff
discretion regarding deadlines to pay fines. (01:40:15)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer.
Noes: None
Absent: None
Motion carried: 5-0
Discussion ensued regarding options available for #18 on the Special
Assessments list. (01:52:30)
MOTION: Direct staff to omit #18 on the property tax roll and work with the
property owner.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer.
Noes: None
Absent: None
Motion carried: 5-0
OLD BUSINESS - NONE
NEW BUSINESS (01:56:38)
Council Member Monahan indicated he must recuse himself from New Business Item
#2, as he lives within 500' and he left the Council Chambers. (01:56:53)
Minutes — Regular Meeting — July 16, 2013 - Page 8
Mayor Righeimer requested that New Business Item #2 be heard out of order.
(01:57:10)
2. GENERAL PLAN SCREENING GPS -13-02 - FOR PROPOSED 208 -UNIT
RESIDENTIAL APARTMENT PROJECT AT 1973 NEWPORT BOULEVARD
(01:57:27)
Staff report provided by Minoo Ashabi, Principal Planner. (01:57:50)
Discussion ensued regarding peak hour trips. (02:01:15)
Ex -Parte Communications:
Mayor Pro Tem Mensinger informed that he spoke with the developer. (02:02:38)
Mayor Righeimer informed that he spoke with the broker. (02:02:42)
Pat Helgeson, representative from Province Group, spoke about the project and
addressed concerns. (02:02:57)
Discussion ensued regarding Province Group's other projects; affordable units
and the Regional Housing Needs Assessment; and similarities and differences
between the proposed project and the Fairfield project. (02:12:07)
Public Comments:
Ken Nyquist, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:18:08)
Mary Jo Baretich, President of the Golden State Manufactured -Home Owners
League, expressed opposition to the General Plan Amendment. (02:22:40)
James Wiener, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:25:50)
Janet Nyquist, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:29:21)
Ginger Roberts, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:32:12)
Koreen Lieber, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:33:24)
Sandy Johnson, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:36:55)
Minutes — Regular Meeting — July 16, 2013 - Page 9
Marlene Harrell, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:41:03)
Valarie Hartzell, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:44:00)
Robin Leffler, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:46:44)
Bud Petty, Costa Mesa, expressed opposition to the General Plan Amendment.
(02:50:02)
Jay Humphrey, Costa Mesa, expressed opposition to the General Plan
Amendment. (02:51:07)
Dominick Giambona, Costa Mesa, expressed opposition to the General Plan
Amendment and requested to have more time spent on the development.
(02:53:39)
John Curtis, Costa Mesa, expressed opposition to the General Plan Amendment
and requested that the area be re -zoned as something other than a high-density
project. (02:56:33)
Nora Lugo, Costa Mesa, expressed opposition to the General Plan Amendment.
(02:58:34)
Larry Sutton, owner of Orange County Trailer Supply, informed that he owns land
that is shown on the map as part of the project and stated he would not be selling
his land. (02:00:02)
Rachael Ursulo, Costa Mesa, expressed opposition to the General Plan
Amendment. (03:01:05)
Beth Refakes, Costa Mesa, expressed opposition to the General Plan
Amendment. (03:02:01)
Thea Stanton, Costa Mesa, expressed opposition to the General Plan
Amendment. (03:05:06)
Kathy Motley, Costa Mesa, spoke on Province Group's presentation and
notification of the public; and expressed opposition to the General Plan
Amendment. (03:05:57)
Sheila Pfafflin, Costa Mesa, expressed concerns regarding the lack of notification
of the residents; expressed opposition to the General Plan Amendment; and
Minutes — Regular Meeting — July 16, 2013 - Page 10
spoke on the absence of an analysis of senior citizen housing requirements in
the staff report. (03:07:55)
Mark Garando, Costa Mesa, expressed opposition to the General Plan
Amendment. (03:10:13)
Dominick Giambona, Costa Mesa, spoke on the mobile -home parking being a
"gem" community. (03:13:00)
Frank Alvarez, Costa Mesa, expressed opposition to the General Plan
Amendment. (03:13:04)
Joel French, Costa Mesa, expressed opposition to the General Plan Amendment.
(03:17:50)
Discussion ensued regarding the properties in negotiation; parcels that have yet
to be acquired; and the applicant's request. (03:18:58)
City Attorney Duarte advised that the item can be continued and tabled in order
to request more information on the item. (03:22:36)
Mayor Righeimer spoke on the issue of the mobile home park owner's rights, the
process of changing a zone, affordable housing, and zone changes involving
motels; and expressed concern with moving forward with the project. (03:22:50)
Council Member Genis expressed concerns regarding the easement through
Sandpiper, the high-density project, children at the bus stop, and the loss of
affordable and senior housing; and expressed opposition to the General Plan
Amendment. (03:27:33)
Council Member Leece expressed concern regarding the parking, traffic, fire
study, and the taking away of affordable housing; informed of the minimal
amount of green space; and expressed opposition to the General Plan
Amendment. (03:29:27)
Mayor Pro Tem Mensinger indicated that the project had many unanswered
questions, and requested staff to come back with the ultimate disposition of the
property. (03:31:52)
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, Council Member Genis,
Council Member Leece
Noes: None
Abstain: Council Member Monahan
Motion carried: 4-0-1
Minutes — Regular Meeting — July 16, 2013 - Page 11
ACTION:
City Council denied General Plan Amendment request for processing to amend
the land use designation from General Commercial (CG) to High Density
Residential (HDR) related to development of a 208 -unit apartment complex
project.
1. URBAN MASTER PLAN SCREENING (UMP -13-04) FOR A 29 -UNIT
LIVEIWORK DEVELOPMENT LOCATED AT 643 AND 651 W. 17TH STREET
AND 1677 SUPERIOR AVENUE (03:46:55)
Ex -Parte Communications:
Council Member Leece disclosed that she met with Roger Vincent and Mr. Peter
Lauener. (03:47:15)
Mayor Pro Tem Mensinger informed that he spoke on the phone with the
developer. (03:47:24)
Staff report provided by Minoo Ashabi, Principal Planner. (03:47:30)
Peter Lauener, President of Intracorp Companies, spoke about the project.
(03:51:35)
Discussion ensued regarding traffic and trip generation; reconfiguring the
intersection; the fire access; zoning; density; the architecture and aesthetics of
the project; and the General Plan update traffic studies. (03:59:18)
Public Comments:
Sheila Pfafflin, Costa Mesa, expressed concern with the high density and
increase in traffic. (04:11:30)
Jay Humphrey, Costa Mesa, read comments on behalf of Eleanor Egan
regarding the project. (04:14:17)
Jay Humphrey, Costa Mesa, expressed concern regarding traffic and housing in
an industrial area. (04:15:48)
Mark Rondo, Costa Mesa, expressed concern regarding the floor plans, parking
workspaces, the top deck, and the industrial complex next door. (04:16:07)
Beth Refakes, Costa Mesa, expressed concerns regarding the daily trip increase,
the intersection, pedestrian safety, and congestion in the area. (04:19:23)
Minutes — Regular Meeting — July 16, 2013 - Page 12
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Robin Leffler, Costa Mesa, expressed concerns with guest parking; spoke on the
possibility of the whole project turning into residential; a shade and shadow
analysis; urged Council to wait for the General Plan review before making
decision; and recommended having design standards. (04:22:37)
Council Member Genis expressed concern regarding the workspace being too
small and the placement of the parking spaces. (04:25:51)
Mayor Pro Tem Mensinger spoke on the types of businesses that typically go into
live/work and the configuration of the project. (04:27:10)
Discussion ensued regarding the buffer, a homeowners' association and HOA
enforcement. (04:28:14)
ACTION:
City Council provided feedback on the proposed 29 -unit live/work project within
the 19 West Urban Plan Area.
REPORT — CITY ATTORNEY - NONE
The Mayor adjourned the meeting at 10:42 p.m.
Brenda Green, Citi Clerk
Minutes — Regular Meeting — July 16, 2013 - Page 13