HomeMy WebLinkAbout09/17/2013 - City Council - Successor Agency - Redevelopment Agency - Joint Meetings - Housing AuthorityMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING, AND SPECIAL
JOINT MEETING WITH THE COSTA MESA HOUSING AUTHORITY
September 17, 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, Council Member Genis and Council Member Monahan
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - None
CLOSED SESSION
The City Council recessed into closed session at 5:05 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), 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).
The City Council reconvened at 6:30 p.m.
CALL TO ORDER (00:00:25)
PLEDGE OF ALLEGIANCE (00:00:31) — Mayor Pro Tem Mensinger
MOMENT OF SOLEMN EXPRESSION (00:00:58)
Pauline Nishida, LA Convener, CRU Ministry
ROLL CALL (00:02:39)
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
Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green.
Minutes — Regular Meeting — September 17, 2013 - Page 1
CI?�' ATTORNEY CLOSED SESSION REPORT (00:02:53)
COIN: Ex Parte Communications pursuant to -Municipal Code Section 2-238 (b) —All Council
Members stated no.
Richard. Krysler, Chief Negotiator for Labor Negotiations- reported than under the ;COIN
Ordinance the City is required to report proposals made and the facts pertaining to. those
proposals. On August 6, 2013 the City provided its initial meet and -.confer proposal to the Costa
Mesa Cities Employees Association. The proposal will be on the City website for the public's
inspection. In 2012/2013 fiscal spending- was 20.1 million' dollars to fund corrip.ensation-:and
benefits to members of the CMCEA, and the cost of these same benefits will increase to
approximately 23.5 million dollars in the 2013/2014 fiscal year, a 3.5 million dollar increase. The
City. proposal would reduce the increase to approximately 1.4 million, dollars. (00:03:28)
ANNOUNCEMENTS (00:06:51)
"Costa Mesa Minute" was played featuring upcoming events and activities -in the, community:
PRESENTATIONS (00:09.:25)
Mayor's Award: Vanguard University, Dr. Beals, President, accepted on behalf of the University.
(00:09:41)
Mayor Righeimer presented certificates to The Costa Mesa Aquatics Club 12u boys' team for
winning Gold at the 2013 USA Water Polo's National Junior Olympics. (00:16:49)
PUBLIC COMMENTS (00:23:43)
James Bridges, Costa Mesa, spoke regarding the 'Mayors lawsuit against' the CMPOA, labor
negotiations; Council compensation, and the Charter Committee. (00:24:09)
Sue Lester, Costa Mesa, spoke on the false DUI report involving the Mayor; the Mayor and
Mayor Pro Tem's lawsuit against the CMPOA; and Police Department staffing levels. (00:27:21)
Robert Graham, Costa Mesa, spoke on the unfunded pension liability of 240 million dollars; and
labor negotiations. (00:30:26)
Beth Refakes, Costa Mesa, expressed concern about an increase of graffiti; increase in
homeless people, and safety at the parks; the OCTA 405 Freeway toll lane being revised; and
spoke on mutual respect between Council and residents. (00:31:43)
Terry Koken, Costa Mesa, requested the Mayor and Mayor Pro Tem to drop the lawsuit against
the CMPOA. (00:34:18)
Norm Fricker, Costa Mesa, spoke on the Fairview Park bluffs. (00:37:07)
Greg Thunnell, Costa Mesa, spoke on cooperation, and public trust. (00:39:06)
Reggie Mundekis, Orange, requested release of the 60th Anniversary documents. (00:42:27)
Minutes — Regular Meeting — September 17, 2013 - Page 2
1
Perry Valantine, Costa Mesa, spoke on the Police Department staffing levels; and is opposed to
the Mayor and Mayor Pro Tem's lawsuit against the CMPOA. (00:44:45)
Robin Leffler, Costa Mesa, thanked the City and employees for being a first responder and
taking care of the City; spoke on Police Department staffing levels; community_ oriented policing;
and making public safety a priority. (00:47:52)
Tamar Goldmann, Costa Mesa, thanked all employees for their service, and especially the
Police Department; and spoke on Police Department staffing levels. (00:50:58)
Greg Ridge, Costa Mesa, spoke on Police staffing at Costa Mesa schools. (00:53:57)
Rich Reiser, Costa Mesa, thanked the Police Officers; and thanked two school boys for inviting
him to their elementary school. (00:55:34)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:57:01)
Mayor Pro Tem Mensinger spoke on the walking club; graffiti; thanked staff for installing
volleyball nets; and requested a study of sidewalks. (00:57:25)
Council Member Genis requested a moratorium on hookah lounges; spoke on the model
engineer's contract; user groups at parks following proper procedures; Fairview Park mitigation
measures; and fines and penalties. (01:01:32)
Council Member Leece spoke on Council compensation; spoke on the Mayor and Mayor Pro
Tern's lawsuit against. the. CMPOA, ,requested, a -legal opinion on negotiation conflicts; spoke on
the release of the 60t" Anniversary documents; thanked the Police for their hard work, and
:.spoke on the reinstatement of the School. Resource ,Officer;. Costa Mesa Senior Center fund
raiser on October 18th; bikeways workshop; real gnmenf 'meeting in regards to release of
criminals; requested an update from CEO Hatch in regards to Chip Espinosa, and the listening
process; and will pull the following Consent Calendar Items: #6 the. housing element, #7 West
19th Street, and #9 Model Engineers; and requested CEO Hateh' provide"an update on rr a 5,
Civic Center Barrio Housing. (01:04:19)
Council Member Monahan requested Chief Gazsi_ look into a possible 'parole group home
opening up on 19th Street', spoke regarding the coyote and. raccoon problems; and attending the
OCTA Meeting regarding the 405 Freeway issue. (01:11:35)
Mayor Righeimer spoke regarding motel/hotel inspections, crime, high service calls, and long-
term stays; requested the Planning Commission to review the CUP's in regards to lowering the
threshold for long-term stays. (61:16:44)
Council Member Monahan requested the Planning Commission to take' into consideration
construction companies long-term stays at the hotel/motels. (01:21:13)
Minutes — Regular Meeting — September 17, 2013 - Page 3
Mayor Righeimer requested the policy of the 4 hour rule be brought back for consideration;
spoke on the Airport Area reconstruction project; money spent on employee benefits;
completion of CIP projects; Police Department budget; Police and Fire contracts; the Fire
Department reorganization; closure of a Fire Station; pension costs; a weekly meeting with the
Police Chief and Human Resources staff to discuss the hiring of Police Officers; and spoke on
the false DUI/911 call made against him, the extortion and dirty tactics by the law firm Lackie,
Dammeier, McGill and Ethir, the lawsuit against Lackie, Dammeier, McGill and Ethir and the
CMPOA, and protecting his family and friends. (01:21:53)
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:34:12)
CEO Hatch spoke regarding the graffiti hotline; homeless issues; 60th Anniversary issues; Item
15 — Civic Center Barrio Housing, the School Resource Officer Program; a sustainable budget;
the Park Ambassador Program; an employee internal control committee; service challenges,
new employees; and a General Fund Surplus. (01:34:14)
CONSENT CALENDAR (01:46:26)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 16 except
for Items 3, 4, 6, 7, 9, and 14
MOVED/SECOND: Council Member Monahan/Council Member Leece
City Clerk Brenda Green read Title #10. REPEAL OF MUNICIPAL CODE SECTION 10-354
(01:47:31)
The motion carried unanimously:
1. READING FOLDER
a. Claims received by the City Clerk: Rick J. Johnston
b. Requests for Alcohol Beverage Control Licenses:
1. For Casa West 19th Street, LLC, dba Avalon Bar, at 820 W 19th Street, a person-to-
person transfer of a State Alcoholic Beverage Control (ABC) Lisence Type "48" (On -
sale General, Public Premises).
2. For Enrique Seretti, dba Amorelia Mexican Cafe, at 2200 Harbor Boulevard, Suite
110C, a person-to-person and premise -to -premise transfer of a State Alcoholic
Beverage Control (ABC) License Type "47" (On -sale General, eating place).
3. CKC International, Inc., dba Maru Sushi at 1500 Adams Avenue, Suite 1008, a
person-to-person transfer of a State Alcoholic Beverage Control (ABC) License Type
"41" (On -sale beer and wine, eating place).
4. Bristol Gas & Market, Inc., dba ARCO, at 300 Bristol Street, a Stock Transfer of a
State Alcoholic Beverage Control (ABC) License Type "20" (Off -sale beer and wine).
5. Coastal Cocktails, Inc., dba Costal Cocktails, Inc., at 151 Kalmus Drive, Suite H6, a
Stock Transfer of a State Alcoholic Beverage Control (ABC) License Types 9, 12, 17,
18 (Beer and Wine Importer, Distilled Spirits Importer, Beer and Wine Wholesaler,
Distilled Spirits Wholesaler).
Minutes — Regular Meeting — September 17, 2013 - Page 4
6. 7 -Eleven, Inc. & Bassi & Sons, Inc., dba 7 -Eleven , Inc., at 204 E 17th Street, a Stock
Update of a State Alcoholic Beverage Control (ABC) License Type "20" (Off -sale beer
and wine).
7. 7 -Eleven, Inc. & Bassi & Sons, Inc., dba 7 -Eleven, Inc., at 1673 Irvine Avenue, a
Stock Update of a State Alcoholic Beverage Control (ABC) License Type "20" (Off -
sale beer and wine).
8. Briggs Helene Marie -Therese, dba The Wrapper, at 3333 Bristol Street, Suite 1024, a
premise -to -premise transfer of a State Alcoholic Beverage Control (ABC) License
Type "20" (Off -sale beer and wine).
ACTION: Received and filed the Reading Folder.
2. 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 waived reading of Ordinances and Resolutions.
5. ESTABLISHMENT OF HOUSING AUTHORITY BUDGET FOR FY 13-14
ACTION: City Council and Housing Authority authorized the establishment of the
Housing Authority Budget for Housing and Community Development (HCD) expenses for
FY 13-14 and if/when monies in excess of the estimated $90,000 come in that such
monies are accounted for in the new Housing Authority Budget for use by HCD for
administering monitoring, compliance and enforcement (by staff, consultants, and
counsel).
8. PROPOSAL FOR THE REINSTATEMENT OF AQUATICS PROGRAMMING YEAR-
ROUND AT THE DOWNTOWN AQUATIC CENTER
ACTION:
1. City Council approved the reinstatement of year-round (July 1 through June 30)
aquatics programming by reinstating programming at the pool from October 1, 2013
through March 31, 2014; and
2. Approved the budgeted part-time Recreation Specialist position to a full-time position
to oversee aquatics programming; and
3. Approved changes to the current fee structure to include new program fees.
10. REPEAL OF MUNICIPAL CODE SECTION 10-354
ACTION: City Council introduced for first reading an ordinance entitled: "An Ordinance of
the City Council of the City of Costa Mesa Repealing Section 10-354 of Chapter XIX of
Title 10 of the Costa Mesa Municipal Code, relating to solicitation of employment,
business or contributions to and from moving vehicles".
Minutes — Regular Meeting — September 17, 2013 - Page 5
11. SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR SIXTH -MONTH FISCAL
PERIOD OF JANUARY 1, 2014 TO JUNE 30, 2014
ACTION: Successor Agency to the Redevelopment Agency adopted Successor Agency
Resolution No. 13 --Approving the Successor Agency's Administrative Budget for the
13-14B Six -Month Fiscal Period of January 1, 2014 to June 30, 2014 Pursuant to Health
and Safety Code Section 341770) of the Dissolution Laws.
12. REVIEW AND APPROVAL OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE 13-14B SIX-MONTH FISCAL PERIOD OF JANUARY 1, 2014 TO JUNE 30,
2014 ("ROPS 13-1413")
ACTION: Successor Agency to the Redevelopment Agency adopted Successor Agency
Resolution No. 13 --Approving the Recognized Obligation Payment Schedule for the
13-14B six-month fiscal period of January 1, 2014 to June 30, 2014 ("ROPS 13-14B"),
subject to submittal to and review by the Oversight Board and then by the State
Department of Finance ("DOF"). Further, the Assistant Finance Director, in consultation
with legal counsel, shall be authorized to request and complete meet and confer
session(s) with the DOF and authorized to make augmentations, modifications, additions
or revisions as may be necessary or directed by DOF.
13. SUCCESSOR AGENCY LONG RANGE PROPERTY MANAGEMENT PLAN (LRPMP)
ACTION: Successor Agency to the Redevelopment Agency adopted Successor Agency
Resolution No. 13-_ Approving the Successor Agency's Long Range Property
Management Plan Subject to Submittal to and Review by the Oversight Board and then
by the Department of Finance pursuant to California Health and Safety Code Section
34191.5(b).
15. AUTHORIZE APPROPRIATION FROM THE CITY'S GENERAL FUND, RESERVE
ACCOUNT, FOR THE CURE AND PAYOFF OF CIVIC CENTER BARRIO HOUSING
CORPORATION DEFAULTS AND ACQUISITION OF EIGHT -UNIT AFFORDABLE
HOUSING PROJECT AT 717, 721 JAMES STREET, COSTA MESA; CMHA TO
AUTHORIZE ACCEPTING CONVEYANCE OF THE SUBJECT PROPERTIES WITH
CMHA TO BE NOMINATED FOR VESTING
ACTION: Adopted Joint City Council/CMHA Resolution No. 13- for the City's
Appropriation of $350,000 from the General Fund, Reserve Account, and Authorizing
Actions and Acceptance of Conveyance by CMHA Relating to the 8 -Unit Affordable
Housing Project at 717, 721 James Street Owned by Civic Center Barrio Housing
Corporation.
Minutes — Regular Meeting — September 17, 2013 - Page 6
16. MODIFICATION OF SINGLE FAMILY REHABILITATION LOAN AND GRANT
PROGRAM POLICIES AND PROCEDURES
ACTION:
1. City Council and Housing Authority authorized the City's Chief Administrative Officer
and the Executive Director of the Costa Mesa Housing Authority ("CMHA") to amend
the guidelines of the Costa Mesa Loan and Grant Rehabilitation Programs and the
implementing policies, procedures, and guidelines to allow for an increase in the
available amount of money for grants which will allow for lead based paint
assessment through abatement; and
2. Approved an increase in the available amount of Single Family grants as follows:
• $10,000 for mobile homes (current amount $5,000); and
• $14,000 for single-family homes (current amount $10,000).
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:47:53)
3. WARRANT RESOLUTION 2489: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-18 AND SPECIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-18 for
$2,053,712.89, and City operating expenses for $504,723.33. (01:47:55)
Greg Thunnell, Costa Mesa, spoke on attorney fees and requested detailed information
on services provided. (01:48:07)
Tamar Goldmann, Costa Mesa, spoke on the high legal fees. (01:50:57)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Council Member Leece spoke regarding a citizen's right to speak; and public access to
information on attorney's invoices. (01:53:10)
City Attorney Duarte stated the information on attorney invoices, that is available to the
public, is posted on the City website.
Council Member Genis spoke on Attorney -Client privilege; and a payment to Kabbara
Engineering to redraw plans for a parking lot at Fairview Park. (01:55:00)
Motion passed unanimously:
ACTION: Approved
Minutes — Regular Meeting — September 17, 2013 - Page 7
4. WARRANT RESOLUTION 2490: 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 $347,088.98. (01:58:28)
Tamar Goldmann, Costa Mesa, spoke on a payment to We The Creative. (01:58:37)
CEO Hatch explained that the graphic design services were outsourced to replace a
graphic design employee who retired. (01:59:51)
Greg Thunnell, Costa Mesa, requested detailed information on services provided.
(02:01:26)
Reggie Mundekis, Costa Mesa, requested the contract for We The Creative. (02:02:48)
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
Motion carried unanimously:
ACTION: Approved
6. PROPOSED 2013-2021 HOUSING ELEMENT UPDATE TO THE 2000 GENERAL
PLAN (02:03:08)
Council Member Leece stated citizens have requested more information on the Housing
Element and affordable housing. (02:03:37)
Veronica Tam, Principal, Veronica Tam & Associates, spoke on the Housing Element
Requirements; the Regional Housing Needs Allocation; the General Plan update; and
housing programs. (02:04:54)
Council Member Genis expressed concern on replacing lower income housing with
higher income housing; and spoke on motel conversions into affordable housing.
(02:20:27)
Mayor Pro Tem Mensinger spoke regarding potential motel sites for affordable housing
and that they may not be configured for families. (02:23:34)
Jay Humphrey, Costa Mesa, spoke on mobile home park preservation and zoning codes;
apartment conversions, parking standards; open space, and density. (02:24:17)
Linda Tang, Kennedy Commission and Costa Mesa Affordable Housing Coalition, spoke
on affordable homes for low income families; the Affordable Housing Land Trust;
rezoning of Fairview Developmental Center; Program 10; and adapting motels into
residential sites. (02:27:28)
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
Mayor Pro Tem Mensinger spoke on density transfer. (02:30:20)
Minutes — Regular Meeting — September 17, 2013 - Page 8
Council Member Genis inquired if the maker of the motion would consider a change
concerning Program 10 (page 70), for affordable multi -family housing.
Celeste Brady, Special Counsel, recommended not changing the wording as flexibility is
needed. (02:35:02)
Council Member Genis stated when the General Plan moves forward that Veteran's
should be part of the Special Needs Group; and spoke on inclusionary requirements.
(02:36:12)
Motion carried unanimously:
ACTION: City Council authorized City staff to submit the draft Housing Element (HE) to
the State of California Housing and Community Development Department (HCD) for the
required 60 -day review period.
7. WEST 19th STREET CORRIDOR PEDESTRIAN IMPROVEMENT PROJECT, FEDERAL
PROJECT NO. HSIPL-5312 (086), CITY PROJECT NO. 13-10 (02:38:14)
Council Member Leece spoke regarding improvements on 19th Street; and requested
clarification on how it will phase in with later developments. (02:38:23)
Ernesto Munoz, Public Services Director, spoke on the two separate projects of the 19th
Street corridor beautification, that this project is a result of concerns on pedestrian safety;
and that staff captured grant funding for this project. (02:39:27)
Council Member Genis inquired on the timing of crosswalk lights near the Senior Center..
(02:42:59)
Mr. Munoz stated the timing had been increased twice and that he has not received
further complaints. (02:43:38)
Rich Reiser, Costa Mesa, spoke regarding pedestrian time in the crosswalk at Pomona
and 19th Street; intersection flooding; and a green stripe for bicycles. (02:44:36)
Cindy Black, Costa Mesa, spoke on pedestrian and car traffic. (02:47:23)
Discussion ensued regarding bicycles on the sidewalk, and bicycle lanes in the street.
(02:49:08)
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
Council Member Genis stated she will be abstaining as documents provided to Council
were not provided to the public. (02:53:34)
Mayor Righeimer made a substitute motion to have Item # 7 be continued to the October
1, 2013 City Council Meeting, so that the additional information can be provided to the
public. (02:54:59)
Minutes — Regular Meeting — September 17, 2013 - Page 9
SUBSTITUTE MOTION: Mayor Righeimer/Mayor Pro Tem Mensinger
Motion carried unanimously:
ACTION: Item continued to the October 1, 2013 City Council meeting.
9. RENEWAL OF THE LICENSE AGREEMENT WITH THE ORANGE COUNTY MODEL
ENGINEERS INC. (OCME) FOR THE USE OF A PORTION OF FAIRVIEW PARK
(02:55:43)
Terry Koken, Costa Mesa, spoke in support of a long term contract. (02:56:14)
Robin Leffler, Costa Mesa, supports the model trains at Fairview Park, and spoke in
support of a longterm contract. (02:58:25)
Margaret Mooney, Costa Mesa, supports a long term contract. (03:00:00)
Speaker, Costa Mesa, spoke in support of a long term contract. (03:00:42)
Hank Castignetti, Huntington Beach, Orange County Model Engineers representative,
spoke on the preservation of the OCME partnership with Fairview Park; and gave a
power point presentation. (03:01:05)
Kim Hendricks, Costa Mesa, spoke in support of a long term contract, and the vision for
Fairview Park. (03:05:22)
Jim Jordan, Costa Mesa, spoke in support of a long term contract. (03:06:34)
Dixon Sheldon, Diamond Bar, Vice President of Orange County Model Engineers, spoke
in support of a long term contract. (03:07:35)
Mr. Munoz stated it was the recommendation of the Parks and Recreation Commission to
extend the contract for one year. (03:08:20)
Mayor Righeimer stated the trains are not leaving Fairview Park; and spoke on the
Fairview Park Master Plan. (03:08:57)
Council Member Leece spoke regarding the train history; and suggested a 5 year
extension. (03:12:04)
Mayor Pro Tem Mensinger spoke regarding the Parks and Recreation Commission's
recommendation on the issue, stated support for the trains; and stated that this issue
should be reviewed by the Fairview Park Committee. (03:13:27) ' s
MOTION/SECOND: Mayor Pro Tem Mensinger/Mayor Righeimer
Council Member Genis spoke regarding the trains already being in the Fairview Park
Master Plan; and made a substitute motion to extend the contract for 5 years. (03:14:46)
SUBSTITUTE MOTION: Council Member Genis/Council Member Leece
Minutes — Regular Meeting — September 17, 2013 - Page 10
The substitute motion was carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, and Council Member Monahan
Noes: Mayor Righeimer/Mayor Pro Tem Mensinger
The motion carried 3-2:
ACTION: City Council renewed the user agreement with the Orange County Model
Engineers, Inc. (OCME) for five years.
14. PURCHASE OF FIREVIEW SOFTWARE (03:18:05)
Terry Koken, Costa Mesa, stated he was the one who requested to have the item pulled
and has now changed his mind. (03:18:17)
MOTION/SECOND: Council Member Monahan/Council Member Genis
Motion carried unanimously:
ACTION:
1. City Council approved the purchase of FireView Software (Desktop and Dashboard),
from the Omega Group Inc., 5160 Carroll Canyon Road, Suite 100, San Diego, CA
92121; and
2. Approved Budget Adjustment to purchase FireView software in the amount of
$49,505; and
3. Authorized City Chief Executive Officer to sign a Professional Services Agreement
with The Omega Group in the amount of $49,505.
Mayor Righeimer called for a recess. (03:18:50)
Session resumed. (03:32:23)
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55)
1. PUBLIC NUISANCE ABATEMENT ORDINANCE (03:32:23)
Rick Francis, Assistant Chief Executive Officer, summarized the staff report, stated that
the ordinance is to address chronic and long-term problems for both property
maintenance and behavior issues, and referred to attachment 3 which stated the new
additions to the current Title 20 Property Maintenance Ordinance. (03:32:24)
Elena Gerli, Legal Counsel, explained nuisance conduct; the procedural steps, due
process, appeal procedure, and cost recovery. (03:37:16)
Discussion ensued between Mayor Righeimer and staff regarding code enforcement, and
the fine structure. (03:45:15)
Ms. Gerli clarifed that Section 20-213 Board of Appeals would be deleted; and discussion
ensued regarding noise definitions, usage of garages as meeting rooms, and violation
notices. (03:47:25)
Minutes — Regular Meeting — September 17, 2013 - Page 11
Mayor Pro Tem Mensinger stated this is an update of Title 20 and provides the tools to
effectively deal with problems issues. (03:55:11)
Council Member Genis requested that in 20-6 (o) - regarding parkway landscaping, to
include both residential and commercial in the ordinance. (03:57:51)
Jay Humphrey, Costa Mesa, spoke on 20-15 sections 1 and 2 regarding Notices to be
certified, costs vs. fines, and the appeal procedure. (03:59:18)
Terry Koken, Costa Mesa, questioned definitions in the document and powers. (04:02:23)
Margo Detken, Costa Mesa, spoke in support of the Ordinance as tools are needed .to
deal with major nuisances, especially safety issues. (04:05:19)
John Parks, Costa Mesa, supports the Ordinance in order to keep the neighborhoods
safe. (04:10:19)
Beth Refakes, Costa Mesa, questioned if this ordinance applies to all zones including
churches, would like criteria for dense urban area; expressed concern on the criteria for
number of police calls; civil penalties, and taking away peoples property rights. (04:11:28)
Mike Harmanos, Costa Mesa, inquired if the definition of hoarding included food.
(04:14:34)
Robin Leffler, Costa Mesa, expressed concern on the overly broad definitions, and fines.
(04:15:12)
MOTION/SECOND: Mayor Righeimer/Council Member Monahan
Council Member Genis expressed concern over the number of items included in the
Ordinance; requested "in residential areas" removed from Section 20-6 (o), requested
Item A changed to "15 days"; and requested clarification on 20-23 Costs of Abatement -
Payment prior to hearing. (04:18:13)
Council Member Leece expressed concern regarding - 20-13 Right of Entry. (04:23:53)
Mr. Francis and Ms. Gerli provided clarification on property inspections, administrative
proceedings, food storage; and the violation process. (04:23:53)
Council Member Genis recommended the maker of the motion accept the following
changes, on Page 28 Section A changing 10 day notice to 15 days; and on Page 9
Section 0 strike the words "in residential areas." (04:38:44)
Mr. Francis requested a change to Section 20-15, (a) 2, delete "upon placing in the" and
replace with "upon verification of delivery". (04:39:02)
Mayor Righeimer and Council Member Monahan agreed to the changes and corrections
in the motion. (04:40:22)
Minutes — Regular Meeting — September 17, 2013 - Page 12
The motion carried unanimously:
ACTION: City Council conducted the public hearing, and introduced for first reading,
Ordinance 13-_, to be read by title only, and waived further reading, regarding Public
Nuisance Abatement Ordinance.
2. FAIRVIEW PARK ENTRYWAY CONCEPT PLANS APPEAL (04:40:42)
Council Member Genis stated she the reasons for the appeal and provided a power point
presentation. (04:41:40)
Speaker, Costa Mesa, expressed concern regarding traffic; and requested preserving the
park. (04:49:02)
Kim Hendricks, Costa Mesa, spoke on acquiring 1,000 signatures opposing the parking
lot; 500-11 policy violation; non-profit organization; and on the Master Plan regarding the
grasslands and Vernal Pools. (04:50:47)
Kevin Nelson, Costa Mesa, spoke on preserving the park (04:53:28)
Speaker, Costa Mesa, spoke in opposition to the project. (04:56:39)
Rhonda Gilbert, Costa Mesa, spoke regarding the two sides of Fairview Park; street
signage, paving, and speed bumps. (04:58:28)
Speaker, Costa Mesa, spoke on park access; and bluff preservation. (05:01:40)
Terry Koken, Costa Mesa, spoke on park preservation; and opposition to the parking lot.
(05:04:41)
Speaker, Costa Mesa, spoke opposing the parking lot; and preserving the park
(05:07:17)
Todd Winter, Costa Mesa, spoke regarding preserving the park; street traffic; pedestrian
walkway; turnaround; and the Master Plan. (05:08:47)
Mr. Valentin, Long Beach, stated he is a professional archeologist, and spoke on the
footprint of the project impacting several archeologist sites, CEQA, and notification to the
tribes. (05:12:20)
Greg Ridge, Costa Mesa, spoke on preserving park; and cleaning up Pacific. (05:13:35)
Jay Humphrey, Costa Mesa, spoke on preserving the park; and turnarounds. (05:16:19)
Anna Vrska, Costa Mesa, member of the Fairview Park Advisory Committee, spoke ' in
opposition to the parking lot; and in support of preserving the park. (05:19:29)
Robin Leffler, Costa Mesa, spoke in opposition to the parking lot and tot lot; paving over
an archeological site; and approval of the re -hearing. (05:20:43)
Minutes — Regular Meeting — September 17, 2013 - Page 13
Sue Lester, Costa Mesa, requested clarification on the size of the turnaround. (05:23:03)
Speaker, Costa Mesa, spoke in support of preserving the park. (05:24:30)
Beth Refakes, Costa Mesa, spoke in support of preserving the park. (05:27:41)
Speaker, stated she is a Cherokee Indian, spoke in support of protecting the park due to
it being a native Indian site. (05:29:46)
Mayor Righeimer called for a motion to continue past midnight. (05:32:56)
MOTION/SECOND: Council Member Leece/Mayor Pro Tem Mensinger
Motion carried unanimously: To continue the meeting past midnight
Mayor Righeimer called for a 5 minute break. (05:33:05)
Speaker, Costa Mesa, spoke in support of preserving the park and that Pacific Ave. was
not built to support heavy traffic. (05:37:40)
Speaker, Costa Mesa, spoke regarding his on-line petition and in support of preserving
the park. (05:41:29)
Jason Webster spoke regarding reward money for the vernal pools vandalism. (05:42:36)
Eva Veruski, Costa Mesa, spoke in support of preserving the park and to keep the park
passive. (05:43:10)
Speaker, Costa Mesa, spoke on park preservation and in opposition to the parking lot.
(05:44:39)
Bill Bowman, Costa Mesa, spoke regarding changing the design, that Pacific Ave. was
not built for high traffic, the tot lot is too close to the bluff, and that a smaller turnaround
makes sense. (05:46:33)
Council Member Leece inquired on the size of the turnaround. (05:49:29)
Fire Chief Seguin responded that staff can look at a smaller imprint.
Mayor Righeimer asked for clarification that since Pacific is a dead end street, does the
fire department need a turnaround for safety purposes. (05:51:38)
Fire Chief Seguin responded that for safety purposes a turnaround is needed so that the
truck does not have to back up down the street. (05:52:11)
Discussion ensued on the size of the turnaround and the size of trucks.
Mayor Righeimer inquired if the ten space parking lot, the turnaround, and the play area
are in the Master Plan. (05:54:20)
Mr. Munoz affirmed these elements are included in the Master Plan.
Minutes — Regular Meeting — September 17, 2013 - Page 14
Mayor Righeimer asked Mr. Munoz if he is aware of any archeological sites in the area.
(05:54:53)
Mr. Munoz stated that staff is not aware of any archeological sites in the area and that
they are not identified in the Master Plan. (05:55:01)
Mayor Righeimer asked if there are archeological sites in other places of the park.
(05:55:12)
Mr. Munoz stated there were and they are identified in the Master Plan. (05:55:15)
Council Member Leece inquired on a registered archeological site on the West side.
(05:55:20)
Mr. Munoz replied that archeological sites have been identified, one on the Mesa
northerly of the vernal pool, and other identified sites are on the East side of the park.
Also, no archeological sites have been identified on the Southern end of the park.
(05:55:42)
Mayor Righeimer inquired on the distance from the bluff.
Mr. Munoz replied approximately 65' and there would be no structural damage to the
bluff.
Mayor Righeimer inquired on piping in regards to water flowing in a ditch. (05:56:26)
Mr. Munoz responded that piping is part of the improvement and would take pipe waters
away from the condominiums and the piping would be subterranean. (05:58:18)
Council Member Genis asked how deep it would be excavated. (05:58:40)
Mr. Munoz stated it could be 4 to 5 feet and would require an archeologist to be present,
as stated in the Master Plan, like any other construction done in the park. (05:58:43)
Mayor Righeimer stated the public hearing is closed. (05:59:11)
Council Member Genis explained that excavation site information should not be released,
spoke on archeological sites which at one time were considered to be one big site, that
archeological sites existed on Pacific Ave., and believed to be mostly destroyed by the
homes, and remains being found at the Mesa Verde County Club Clubhouse location.
(6:00:14)
Mr. Munoz spoke on the erosion of the bluffs, bluff maintenance, water drainage, and
street improvements on Pacific Ave., (06:01:00)
Council Member Leece stated in the General Goal statement for Fairview Park that was
approved by the City Council and the Fairview Park Citizens Advisory Committee it states
that preservation of archeological sites will be a top priority, and the Parks Commission
Minutes — Regular Meeting — September 17, 2013 - Page 15
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may not have had information regarding the federally protected sites when they made
their decision. (06:09:08)
Mr. Munoz stated that the improvements being proposed are not within an archeological
site identified in the Master Plan. (06:10:04)
Council Member Leece stated it might border it or may be touching on it. (06:10:15)
Mr. Munoz replied that the archeological site shown in the Master Plan is far from that
location. (06:10:19)
Council Member Leece stated that the point she wanted to make it that the residents of
this neighborhood do not want this tot lot or the turnaround. (06:10:37)
Council Member Genis stated that any mapping of archeological sites on the Master Plan
would have been extremely schematic and not intended to reflect the specific sites, and
spoke on bluff erosion. (06:11:04)
MOTION/SECOND: Mayor Righeimer/Council Member Monahan
Motion: To approve a turnaround at the end of Pacific with no parking; reduce the
diameter to accommodate a quint truck; include proper signage and plants, add a tot lot
to the play area; and for the Fairview Park Advisory Committee to consider a location for
the 10 parking spaces. (06:12:36)
Council Member Genis stated the Master Plan does not need amending; and suggested
another location would be more appropriate for a tot lot. (06:15:59)
Council Member Leece stated she would not be supporting the motion as Fairview Park
is a rural area and needs to be left as such. (06:18:12)
Mayor Righeimer suggested that an alternative location for the tot lot could be brought
back to Council.
The motion passed by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Righeimer, and Council Member Monahan
Noes: Council Member Genis, and Council Member Leece
The motion carried 3-2:
ACTION: City Council approved a turnaround at the end of Pacific with no parking;
reduced the diameter of the turnaround to accommodate a quint fire truck; included
proper signage and plants, add a tot lot to the play area; and for the Fairview Park
Advisory Committee to consider a location for the 10 parking spaces.
OLD BUSINESS - None
Minutes - Regular Meeting - September 17, 2013 - Page 16
NEW BUSINESS (06:21:16)
1. URBAN MASTER PLAN SCREENING REQUEST (UMP -13-05) FOR A 20 -UNIT
LIVE/WORK DEVELOPMENT LOCATED AT 1695 SUPERIOR AVENUE (06:21:18)
Antonio Gardea summarized the project and provided a power point presentation.
(06:21:45)
Discussion ensued regarding corner signage, monument entry, and landscaping.
(06:28:12)
Mayor Righeimer spoke regarding the proposed parking arrangements. (06:29:39)
Council Member Genis expressed concern on inadequate open public space. (06:30:01)
ACTION: City Council provided feedback on the proposed 20 -unit live/work project within
the 19 West Urban Plan Area.
2. GENERAL PLAN SCREENING GPS -13-03 — FOR PROPOSED STRIP OF LAND AS
AN EXTENSION OF PROPERTY LOCATED AT 320 E. 18th STREET (06:32:00)
Antonio Gardea summarized the project and provided a power point presentation.
(06:32:13)
Discussion ensued regarding the additional building footage; and church parking.
(06:35:18)
Susan McAllen, Project Consultant, spoke regarding the proposed site plan; and the
church parking. (06:39:31)
Mayor Pro Tem Mensinger stated this project is a good re -use of the property. (06:42:04)
Terry Koken, Costa Mesa, inquired on the ownership of the 20 foot space. (06:42:39)
Beth Refakes, Costa Mesa, requested City Council deny the request for the 20 foot strip
of property; spoke regarding loss of parking spaces, overnight parking, overflow parking;
and property development. (06:43:09)
Ruby Wilbur, Costa Mesa, spoke regarding the parking arrangements with the Church
and requested Council to deny the 20 feet. (06:47:45)
Mayor Pro Tem Mensinger requested staff to look into the church parking issue, and
average congregation size. (06:50:16)
Council Member Leece referred to correspondence submitted in regards to the parking
and requested staff to investigate. (06:51:23)
Mayor Righeimer spoke on the parking issue; and lot improvement. (06:52:13)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Minutes — Regular Meeting — September 17, 2013 - Page 17
Council Member Genis stated before accepting the screening the church parking issue
should be resolved. (06:54:32)
Council Member Leece requested staff to do an official City assessment of the parking
issue. (06:59:07)
The motion carried unanimously:
ACTION: City Council accepted the General Plan amendment request for processing to
amend the land use designation from Public/Institutional (PI) to Medium Density
Residential (MDR) related to development of a two -unit residential project.
3. INFORMATION TECHNOLOGY SUPPORT SERVICES AND COMPUTER-AIDED
DISPATCH / RECORDS MANAGEMENT SYSTEM (CAD/RMS) (07:00:06)
CEO Hatch spoke regarding consultants help with the Information Technology (IT)
system; and project management by Synoptek. (07:00:18)
Discussion ensued regarding the budget, hiring of Synoptek; project delays; and the
Cognify contract. (07:02:08)
Council Members ex -parte communication on this issue — None. (07:10:00)
Mike Harmanos, Costa Mesa, reviewed payments to Cognify; spoke on following
procedures; and spending over the budget. (07:10:38)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and Council
Member Monahan
Noes: Council Member Leece
The motion carried 4-1:
ACTION:
1. City Council authorized the final payment to Cognify Inc., totaling $52,274.63 and
authorized previous payments of $34,387.51 made beyond the original professional
services agreement of $49,900; and
2. Authorize the CEO to enter into a professional services agreement. with a not -to -
exceed amount of $168,000 with Synoptek to ensure continued project management
for the installation of the CAD/RMS for public safety.
REPORT — CITY ATTORNEY — None
ADJOURNMENT — To Regular Meeting, October 1, 2013, 5:00 p.m.
The Mayor adjourned the meeting at 1:40 p.m.
Minutes — Regular Meeting — September 17, 2013 - Page 18
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CITY CLERK (J-
Minutes - Regular Meeting - September 17, 2013 - Page 19