HomeMy WebLinkAbout02/18/2014 - City Council - Successor Agency - Redevelopment Agency - City Council Special Meeting - Joint Meetings - Housing AuthorityMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND SPECIAL
JOINT HOUSING AUTHORITY MEETING
February 18, 2014
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 5:00 p.m. to consider the following
items:
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organization: Costa Mesa City Employee
Association (CMCEA), pursuant to California Government Code Section 54957.6.
2. Conference with legal counsel regarding existing litigation: John Doe v. City of Costa
Mesa, District Court for the Central District of California, Case No. SACV12-1665-
AG(RNBx), pursuant to California Government Code Section 54956.9(a).
3. Conference with legal counsel regarding existing litigation: Acosta v. City of Costa
Mesa, et al, Case No. SACV06-233 DOC (MLGx), 9th Cir. Case # 10-56854,
pursuant to California Government Code Section 54956.9(a).
4. Conference with legal counsel regarding existing litigation: City of Costa Mesa, et al
v. Michael Cohen, et al, Sacramento County Superior Court, Case No. 34-2013-
80001675, pursuant to California Government Code Section 54956.9(a).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:10)
PLEDGE OF ALLEGIANCE (00:00:30) — Mayor Righeimer
MOMENT OF SOLEMN EXPRESSION (00:01:00) —
Minutes — Regular/Special Meeting — February 18, 2014 - Page 1
Pastor Tim McCalmont, Presbyterian Church of the Covenant
ROLL CALL (00:03:20)
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, Assistant Chief Executive
Officer/Administrative Director Tamara Letourneau, Economic and Development
Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City
Clerk Brenda Green.
CLOSED SESSION REPORT (00:03:35) - None
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
None
ANNOUNCEMENTS (00:03:50)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:05:50) - NONE
PUBLIC COMMENTS (00:06:40)
Beth Refakes, Costa Mesa, inquired on the status of a Veteran's hall; commented on
converting the Neighborhood Community Center (NCC) to a library; and expressed
concern with having no meeting place for the Veteran's group. (00:07:37)
Speaker, spoke on a Court case against the Police. (00:09:34)
Robin Leffler, Costa Mesa, spoke on items being placed on the Consent Calendar; the
budget; and thanked Fire and Police personnel for the way they handled a situation.
(00:11:55)
Tim Lewis, Costa Mesa, spoke to a business issue on his property. (00:14:20)
Greg Thunnel, Costa Mesa, spoke on a political ad. (00:17:17)
James Bridges, Costa Mesa, spoke on the public comment section; Committee
meetings; and the Neighborhood Task Force. (00:20:30)
Cindy Brenneman, Costa Mesa, spoke on the release of the 60th Anniversary
documents; and requested a formal meeting on the 60th Anniversary event. (00:23:25)
Al Melone, Costa Mesa, spoke on the budget, deficits and surpluses. (00:26:10)
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Lent Redman, Costa Mesa, spoke on a development from Hamilton to Charlie; and the
irrigation. (00:29:20)
Sue Lester, Costa Mesa, asked for clarification on public comments; and spoke on the
60th Anniversary Committee event. (00:32:53)
COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:35:45)
Mayor Righeimer spoke on the quality of Costa Mesa employees; the Senior Center;
and the Workers Compensation report. (00:35:55)
Mayor Pro Tem Mensinger spoke regarding money allocated for sidewalk and curb
replacements; and thanked Mr. Redman for his son's community service. (00:40:15)
Council Member Genis spoke on the drought conditions. (00:41:25)
Council Member Leece spoke on the tree removal petition approved by the Planning
Commission; the homeless; a Basketball tournament on March 15th, 2014 from 11:00
a.m. to 3:00 p.m.; the 60th Anniversary event documents; space for teen programs;
requested to pull item nine; and on the memo by CEO Hatch regarding budget policies.
(00:43:00)
Council Member Monahan — None (00:49:34)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (00:49:50)
Chief Executive Officer Hatch spoke on the budget and reserves; expanding the library;
Worker Compensation issues; City Youth programs; the Costa Mesa Community
Improvement Program; and the softball and flag football programs.
CONSENT CALENDAR (01:12:10)
MOTION: Approved recommended actions for Consent Calendar Item Nos. 1 through 9
except for Item 9.
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Leece
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
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular/Special Meeting — February 18, 2014 - Page 3
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1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE
ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND
RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ
BY TITLE ONLY AND FURTHER READING WAIVED
ACTION:
City Council waived reading in full of Ordinances and Resolutions and approval
and adoption of same by reading title only.
2. READING FOLDER
a. Claims received by the City Clerk: Jim Eckis; Bryan Meisner; and Adelaide
Garulle.
ACTION: Received and filed.
3. WARRANT RESOLUTION 2509: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 14-02 "A" AND 14-
03 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding Payroll No. 14-02 "A" for $-113.10, Payroll No. 14-03 for
$1,995,329.60 and City operating expenses for $1,289,244.38.
ACTION: Approved Warrant Resolution No. 2509, to be read by title only and
further reading waived.
4. PROJECT SPECIFIC PROGRAM SUPPLEMENTS TO THE MASTER
AGREEMENT NO. 00144S — STATE FUNDED PROJECTS: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO SIGN PROGRAM
SUPPLEMENT AGREEMENTS TO THE ADMINISTERING AGENCY -STATE
AGREEMENT NO. 00144S FOR STATE FUNDED PROJECTS".
ACTION:
City Council adopted Resolution No. 14-07, to be read by title only and further
reading waived, authorizing the Public Services Director to execute all Project
Specific Program Supplements to the Administering Agency — State Agreement
No. 00144S for State Funded Projects.
Minutes — Regular/Special Meeting — February 18, 2014 - Page 4
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5. PROFESSIONAL ENGINEERING SERVICES TO PROVIDE AS -NEEDED
STAFF SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS
ACTION:
1. City Council awarded a contract to Onward Engineering, Corp., 300 S. Harbor
Blvd., Suite 814, Anaheim, California 92805, in an amount not to exceed
$200,000 to provide Project/Construction Management and Public Works
Inspection staff support as -needed for various Capital Improvement Program
(CIP) projects, and authorized the Mayor and the City Clerk to execute the
Professional Services Agreement; and
2. Awarded a contract to Civil Source, Inc., 9890 Irvine Center Drive, Irvine,
California 92618, in an amount not to exceed $200,000 to provide
Project/Construction Management and Public Works Inspection staff support
as -needed for various Capital Improvement Program (CIP) projects, and
authorized the Mayor and the City Clerk to execute the Professional Services
Agreement.
6. AMENDMENT THREE TO THE PROFESSIONAL SERVICES AGREEMENT
WITH KEYSER-MARSTON ASSOCIATES CONSULTING
ACTION:
1. City Council, Successor Agency to the Redevelopment Agency and Housing
Authority approved Amendment Three, revising existing cap of $140,000 not
to exceed $200,000 to the Professional Services Agreement with Keyser
Marston Associates (KMA) Consulting; and
2. Authorized the City Chief Executive Officer to sign Amendment Three to the
Professional Services Agreement with KMA Consulting.
Minutes — Regular/Special Meeting — February 18, 2014 - Page 5
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7. RECOGNIZE AND ALLOCATE HOME PROGRAM INCOME
ACTION:
1. City Council, Successor Agency to the Redevelopment Agency and Housing
Authority recognized $247,050 in HOME program income funds and
allocated these funds for HOME Administration and the HOME Single Family
Rehabilitation Program; and
2. Authorized the City Chief Executive Officer to appropriate any additional
HOME program income for FY 2013-2014; and
3. Approved Budget Adjustment No. 14-025 in the amount of $247,050 to
increase revenue and appropriate HOME program income fund to Housing
and Community Development's operating budget.
8. RIMINI STREET ORACLE/PEOPLESOFT SUPPORT SERVICES CONTRACT
ACTION:
City Council authorized the City CEO or his designee to sign the Master Services
Agreement and Purchase Requisition for $110,338 with Rimini Street
Incorporated to replace Oracle Corporation in providing support for the City's
Oracle/PeopleSoft products.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) - NONE
OLD BUSINESS — NONE
Minutes — Regular/Special Meeting — February 18, 2014 - Page 6
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NEW BUSINESS (01:12:30)
1. CITY COUNCIL AND SUCCESSOR AGENCY APPROVAL OF: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
APPROVING AN AGREEMENT TO RE-ESTABLISH LOAN PURSUANT TO
SECTION 34191.4 BY AND BETWEEN THE CITY OF COSTA MESA AND
THE SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT
AGENCY" AND "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
COSTA MESA REDEVELOPMENT AGENCY APPROVING AN AGREEMENT
TO RE-ESTABLISH LOAN PURSUANT TO SECTION 34191.4 BETWEEN THE
CITY OF COSTA MESA AND THE SUCCESSOR AGENCY TO THE
COSTA MESA REDEVELOPMENT AGENCY; DIRECTING SUBMITTAL OF
SUCH LOAN AGREEMENT TO THE OVERSIGHT BOARD TO CONSIDER
THAT THE LOAN AGREEMENT WAS FOR LEGITIMATE REDEVELOPMENT
PURPOSES; AND MAKING OF THE FINDING IN CONNECTION
THEREWITH". (01:13:00)
Staff report provided by Special Counsel Celeste Brady. (01:13:15)
Discussion ensued regarding the loan; the ROPS schedule; and payment of
enforcement obligations. (01:16:11)
MOVED/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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council adopted Resolution No. 14-08, to be read by title only and
waived further reading, approving an Agreement to Re -Establish Loan
between the City of Costa Mesa and the Successor Agency to the Costa
Mesa Redevelopment Agency following the obtaining of a Finding of
Completion Pursuant to Section 34191.4 of the Dissolution Laws.
Minutes — Regular/Special Meeting — February 18, 2014 - Page 7
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MOVED/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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
2. Successor Agency adopted Resolution No. 14-09, to be read by title only and
waived further reading, approving Agreement to Re -Establish Loan between
the City of Costa Mesa and the Successor Agency to the Costa Mesa
Redevelopment Agency following the obtaining of a Finding of Completion
Pursuant to Section 34191.4 of the Dissolution Laws; Directing Submittal of
such Loan Agreement to the Oversight Board to Consider and Find that the
City/Agency Loan was for legitimate Redevelopment Purposes; and making
other findings in connection therewith.
2. REVIEW AND APPROVAL OF THE SUCCESSOR AGENCY'S
ADMINISTRATIVE BUDGET FOR THE 14-15A SIX-MONTH FISCAL PERIOD
OF JULY 1, 2014 TO . DECEMBER 31, 2014: "A RESOLUTION OF THE
SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY
APPROVING THE SUCCESSOR AGENCY'S ADMINISTRATIVE BUDGET FOR
THE 14-15A SIX-MONTH FISCAL PERIOD OF JULY 1, 2014 TO DECEMBER
31, 2014 PURSUANT TO HEALTH AND SAFETY CODE SECTION 341770)".
(01:19:00)
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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
Successor Agency adopted Resolution No. 14-10, to be read by title only and
waived further reading, approving the Successor Agency's Administrative Budget
for the 14-15A six-month fiscal period of July 1, 2014 to December 31, 2014
pursuant to Health and Safety Code Section 341770) of the Dissolution Laws.
Minutes — Regular/Special Meeting — February 18, 2014 - Page 8
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3. REVIEW AND APPROVAL OF RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR THE 14-15A SIX-MONTH FISCAL PERIOD OF JULY 1, 2014
TO DECEMBER 31, 2014: "A RESOLUTION OF THE SUCCESSOR AGENCY
TO THE COSTA MESA REDEVELOPMENT AGENCY APPROVING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 14-15A FOR THE SIX-
MONTH FISCAL PERIOD OF JULY 1, 2014 TO DECEMBER 31, 2014,
SUBJECT TO SUBMITTAL TO, AND REVIEW BY THE OVERSIGHT BOARD
AND THE DOF PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE,
DIVISION 24, PART 1.85, AS AMENDED BY ASSEMBLY BILL 1484;
AUTHORIZE POSTING AND TRANSMITTAL THEREOF". (01:19:25)
MOVED/SECOND: Council Member Leece/Council Member Monahan
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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
Successor Agency adopted Resolution No. 14-11, to be read by title only and
waive further reading, approving the Recognized Obligation Payment Schedule
for the 14-15A six-month fiscal period of July 1, 2014 to December 31, 2014
("ROPS 14-15K), 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.
4. PROFESSIONAL SERVICES AGREEMENT FOR PURCHASE AND
INSTALLATION OF EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEM
(01:19:44)
Staff report provided by Fire Chief Dan Stefano. (01:20:10)
Discussion ensued on increasing the number of intersections for signal
preemption; Fire Station number 6; paramedics and rescue ambulances; grant
funding; and personnel savings. (01:22:10)
Beth Refakes, Costa Mesa, spoke in support of this item. (01:27:14)
MOVED/SECOND: Council Member Monahan/Mayor Righeimer (01:29:15)
Discussion ensued regarding cost sharing of signal preemption from the City of
Santa Ana; implementing the plan; and emergency vehicles. (01:29:30)
Minutes — Regular/Special Meeting — February 18, 2014 - Page 9
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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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council awarded a Professional Services Agreement for the purchase
and installation of Emergency Vehicle Preemption (EVP) devices utilizing
Global Traffic Technologies (GTT) Global Positioning System (GPS)
technology at 25 intersection locations, in 20 fire department emergency
vehicles and integrating the equipment in a central system located at the
Traffic Management Center (TMC) through DDL Traffic, Inc. in the amount of
$234,236.60 (inclusive of sales tax); and
2. Authorized the Mayor to execute the Professional Services Agreement.
5. SUMMER YOUTH PROGRAM: ESTABLISH CITY PARTICIPATION WITH
EXISTING YOUTH SUMMER RECREATION PROGRAM IN PARTNERSHIP
WITH NEWPORT -MESA UNIFIED SCHOOL DISTRICT (01:33:45)
Staff report provided by CEO Hatch. (01:34:10)
Discussion ensued on marketing of the program. (01:39:50)
Council Member Genis spoke in support of the program. (01:44:29)
Mayor Pro Tem Mensinger spoke in support of fundraising for the arts.
(01:45:15)
MOVED/SECOND: Council Member Genis/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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the summer youth program and directed staff to establish
participation with an existing youth summer recreation program in partnership
with the Newport -Mesa Unified School District and authorized funding to be
included in the FY 2014-2015 budget.
Minutes — Regular/Special Meeting — February 18, 2014 - Page 10
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6. FIRST READING OF THE ORDINANCE PROVIDING FOR REWARDS FOR
INFORMATION LEADING TO THE APPREHENSION OF VANDALS (01:45:40)
Staff report provided by CEO Hatch. (01:46:00)
Mr. Redman, spoke on current vandalism in the Hamilton community garden.
(01:47:10)
MOVED/SECOND: Council Member Genis/Council Member Leece
Council Member Genis pledged individuals to report vandalism at Fairview Park.
(01:48:30)
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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved for first reading, Ordinance No. 14-02, to be read by title
only and waived further reading, regarding rewards for information leading to the
apprehension of individuals who vandalize public property.
7. REPEAL OF COSTA MESA MUNICIPAL CODE CHAPTER XIII SEX
OFFENDER PARK EXCLUSION ORDINANCE (01:49:11)
Staff report provided by City Attorney Thomas Duarte. (01:49:20)
MOVED/SECOND: Council Member Monahan/Council Member Leece
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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved for first reading, Ordinance No. 14-03, to be read by title
only and waived further reading.
Minutes — Regular/Special Meeting — February 18, 2014 - Page 11
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ITEMS REMOVED FROM THE CONSENT CALENDAR (01:50:30)
9. FISCAL YEAR 2013-14 MID -YEAR BUDGET REPORT (01:50:40)
Discussion ensued on the allocation of contingency funds; the journal entry for
the community foundation; the fund balance and reserves; the pocket park
playground; charter facilitation; teen centers; and funding for the library.
(01:51:25)
Cindy Brenneman, Costa Mesa, spoke on the Kaboom projects; and spoke on
the general fund. (02:01:45)
Robin Leffler, Costa Mesa, expressed concern on not having a Public Hearing
and a Presentation for this item. (02:03:45)
MOVED/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
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved the recommended uses of the remainder of the FY 2012-
13 surplus as follows:
a. Increased the Information Technology budget by $758,770 for the
remainder of the infrastructure backbone project (general fund portion)
and approved this as a budgeted expense rather than a non-interest
bearing loan as originally planned; and
b. Increased the General Fund transfer to the Capital Improvement Program
Fund by $300,000; and
c. Saved the remaining $1,568,000 in General Fund balance; and
2. Approved the recommended increase of the FY 2013-14 General Fund revenue
budget by $1,900,000 and increased the FY 2013-14 General Fund
appropriations by $1,568,000; and
3. Approved the allocation of appropriations from the General Fund contingency
account to the General Fund departments/projects including the final
$18,717.03 transfer to the Costa Mesa Community Foundation; and
4. Adjusted the budgets of certain non -General Funds as follows:
a. Adjusted the Capital Improvement Projects Fund for the Council
Chambers audio/visual equipment upgrade; and
b. Adjusted the Narcotic Asset Forfeiture Fund; and
c. Adjusted the budgets of the Measure M2 Funds 415 and 416; and
Minutes — Regular/Special Meeting — February 18, 2014 - Page 12
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d. Established the new Nuisance Abatement Relocation Assistance Fund
as directed by the City's Public Nuisance Abatement Ordinance Section
20-32(b).
CONTINUED PUBLIC COMMENTS - NONE
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT (02:04:40)
The Mayor adlrneeting at 8:04 p.m.
MAS/
CITY CLERK
Minutes — Regular/Special Meeting — February 18, 2014 - Page 13