HomeMy WebLinkAbout03/18/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
MARCH 18, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 5:30 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
Council Members Recused: Mayor Righeimer and Mayor Pro Tem Mensinger (5:38 p.m.)
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
CLOSED SESSION:
The City Council recessed into Closed Session at 5:37 p.m. to consider the following item.
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organization: Costa Mesa Police Officers
Association (CMPOA), pursuant to California Government Code Section 54957.6.
The City Council reconvened at 6:13 p.m.
CALL TO ORDER (00:00:06)
PLEDGE OF ALLEGIANCE (00:00:26) — Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:01:00)
Lynell Brooks, Vanguard/Newport Mesa Church
ROLL CALL (00:01:52)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece,
Council Member Genis
Absent: Council Member Monahan
Officials Present: Chief Executive Officer Thomas R. Hatch, Deputy City Attorney Yolanda
M. Summerhill, Assistant Chief Executive Officer Rick Francis, Chief Executive
Officer/Administrative Services Director Tamara Letourneau, Economic and
Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz,
and City Clerk Brenda Green.
Minutes — Regular Meeting — March 18, 2014 - Page 1
CLOSED SESSION REPORT (00:02:02) - NONE
COIN: Ex Parte Communications Pursuant to Municipal Code Section 2-238 (b) - None
City Clerk Brenda Green stated due to a lack of quorum the Closed Session would be
held at the end of the meeting. (00:02:10)
ANNOUNCEMENTS (00:02:22)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:04:08)
Mayor Righeimer recognized Werner Escher, Executive Director of Domestic and
International Markets of South Coast Plaza with a check presentation.
PUBLIC COMMENTS (00:11:56)
Terry Koken, Costa Mesa, presented a check to OC Model Engineers; and spoke on the
lawsuit between the Mayor and the Costa Mesa Police Officers Association (CMPOA).
(00:13:00)
Lisa Morlan, Costa Mesa, spoke on citations; nuisance group homes; the Neighborhood
Task Force; and fines. (00:15:16)
Debby Koken, Costa Mesa, spoke regarding a Banning Ranch Conservancy Town Hall
meeting on March 20, 2014. (00:18:37)
Greg Tunnell, Costa Mesa, spoke on Costa Mesa Police Department staffing levels.
(00:19:31)
James H. Bridges, Costa Mesa, spoke on the public comment process and public
participation. (00:22:42)
Flo Martin, Costa Mesa, spoke on crime statistics, Costa Mesa Police Department staffing
levels, and complimented the Police Department. (00:25:14)
Al Melone, Costa Mesa, spoke on police officer recruitments nationwide. (00:28:05)
Bill Burke, Costa Mesa, thanked the Council for approving the construction of the
entrance to the golf course. (00:30:33)
Chris McEvoy, Costa Mesa, spoke on the public comments process, Consent Calendar
items not being pulled; Friday night softball league, and West Side development.
(00:31:47)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:38:26)
Council Member Genis acknowledged Christian Redmond for his Eagle Scout Project at
Fairview Park; and spoke regarding the Neighborhood Preservation Task Force.
(00:35:04)
Minutes — Regular Meeting — March 18, 2014 - Page 2
Council Member Leece thanked Police Officers and staff members who participated in
the Micah basketball tournament; requested that CEO Hatch address the plan for Police
Officer recruitment; spoke on the Police Explorer's campaign on alcohol awareness;
Police Officer's contract negotiations; fines for nuisance violations; inquired on the
Neighborhood Preservation Task Force; spoke on the massage parlors update; and the
Senior Center Board Meeting. (00:37:16)
Mayor Righeimer spoke regarding nuisance citations and waiving fees; Police Officer
recruitment; Capital Improvement Projects; spoke on a tour of businesses on the West
Side; and Group Homes. (00:45:14)
Mayor Pro Tem Mensinger thanked Mr. Escher and the South Coast Plaza team; and
requested a status on the median at Red Hill Avenue. (00:52:27)
CEO Hatch complimented Mr. Escher and the South Coast Plaza team; spoke regarding
the Neighborhood Preservation Task Force staffing; spoke on the group home issue and
citations; complimented Director of Public Services, Ernesto Munoz and the engineering
staff on public works projects. (00:53:17)
Mr. Munoz provided a review on the 6.6 million dollar award for capital improvement
projects; spoke on street improvements and change orders. (00:57:55)
CEO Hatch spoke on the City Ethics Policy; Employee Service Awards; Mothers against
Drunk Driving (MADD) Awards; South Coast Metro Alliance Emergency Response and
Training Program; field usage; and the plan for Police Department recruitments.
(01:18:45)
Finance Director, Steve Dunivent and Tax Auditing Specialist, Anna Baca provided a
presentation on the new Business License WEB Renewal Program. (01:26:58)
Discussion ensued regarding business license data in Costa Mesa; and the renewal of
animal licenses online. (01:30:14)
Jay Humphrey commented on Consent Calendar items being pulled and public comments
regarding those items. (01:35:16)
CONSENT CALENDAR (01:35:11)
MOTION: Approve recommended actions for Consent Calendar Items Nos. 1 through
13 except for Items 3, and 6 through 12.
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger, and
Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
Minutes — Regular Meeting — March 18, 2014 - Page 3
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 Ordinances and Resolutions and
approval and adoption of same by reading title only.
2. READING FOLDER
a. Claims received by the City Clerk: Greg Nickel and George Berg.
ACTION: Received and filed
4. RED HILL AVENUE REHABILITATION PROJECT, CITY PROJECT NO. 13-02
CHANGE ORDER NO. 1
ACTION: City Council approved Change Order No. 1 in the amount of $206,460.00
and authorized the Chief Executive Officer to execute contract Change Order No.
1.
5. PARKWAY CONCRETE REPAIR AND NEW SIDEWALK CONSTRUCTION
PROJECT, CITY PROJECT NO. 12-18
ACTION:
1. City Council accepted the work performed by C.J. Concrete Construction, Inc.
and authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of.the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the filing
date; and release of the retention monies 35 days after the Notice of
Completion filing date.
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A
PORTION OF FULLERTON AVENUE AT 1854 FULLERTON AVENUE
ACTION:
1. City Council set a public hearing on April 15, 2014 for the vacation of a portion
of Fullerton Avenue Right -of -Way (ROW); and
2. Adopted Resolution No. 14-15, to be read by title only and waived further
reading, of intent to vacate a portion of Fullerton Avenue Right -of -Way (ROW).
Minutes — Regular Meeting — March 18, 2014 - Page 4
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OLD BUSINESS (01:37:17)
1. SMALL LOT ORDINANCE: AN ORDINANCE OF THE CITY COUNCIL OF
COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -
13 -04 AMENDING TITLE 13, CHAPTERS I, IV, AND V RELATED TO
DEFINITIONS, LAND USE MATRIX AND NEW ARTICLE 13-42
Senior Planner, Minoo Ashabi, clarified changes made to the Ordinance.
(01:37:41)
Council Member Genis expressed concern on not having a CEQA review.
(01:38:21)
Gary Armstrong, Economic and Developmental Services Director, explained in -fill
development projects. (01:40:56)
Discussion ensued on curb cut clarification; driveway width; and guest parking.
(01:44:00)
Chris McEvoy, Costa Mesa, spoke regarding affordable housing and expressed
opposition to the Ordinance. (01:52:04)
Robin Leffler, Costa Mesa, spoke on the history of the small lot Ordinance; and on
parking, setbacks, and density under the proposed Ordinance. (01:55:08)
James Bridges, Costa Mesa, spoke regarding density and the quality of
neighborhoods and expressed opposition to the Ordinance. (01:58:15)
Cynthia McDonald, Costa Mesa, spoke regarding the small lot Ordinance problems
in Los Angeles; spoke on density and expressed opposition to the Ordinance.
(02:01:04)
Jay Humphrey, Costa Mesa, spoke on families needing yards; small lots; setbacks;
deviations; variances; and expressed opposition to the Ordinance. (02:03:09)
Discussion ensued regarding Homeowners Association and on trash storage.
(02:06:19)
Council Member Leece spoke regarding an e-mail received from Mr.Hoffman
expressing opposition to the Ordinance. (02:08:58)
Mayor Righeimer clarified that these homes would be in only R-2 neighborhoods;
spoke regarding the need for the Ordinance; spoke on setbacks; zoning and
parking; and regarding a letter in support of the Ordinance from Planning
Commissioner McCarthy. (02:11:42)
Minutes — Regular Meeting — March 18, 2014 - Page 5
Council Member Genis expressed concern with the Ordinance because of the
minimum distance between buildings with less open space and setbacks. She
made a motion to continue the item. (02:20:33)
MOTION: To continue to the next meeting.
MOVED/SECOND: Council Member Genis/Mayor Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem
Mensinger, and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
NEW BUSINESS (02:31:40)
1. CHARTER COMMITTEE DRAFT CHARTER (02:32:15)
Special Counsel, Kimberly Hall Barlow gave a statement presenting the Charter
document and asked for Council's direction. (02:32:26)
Discussion regarding community outreach. (02:34:30)
Public Comments:
Jay Humphrey, Costa Mesa, expressed his opposition to the Charter. (02:37:15)
Chris McEvoy, Costa Mesa, expressed his opposition to the Charter. (02:40:04)
Robin Leffler, Costa Mesa, spoke regarding the appointed Charter Committee and
the defeat of Measure V. (02:41:30)
Greg Thunnell, Costa Mesa, spoke in opposition to the Charter. (02:43:20)
Mayor Righeimer encouraged the Council to take a look at what the Charter
Committee has presented out of respect for all of those who have worked so hard.
(02:46:26)
Special Counsel Barlow recommended that the Council choose a date for the first
Public Hearing. Direction was provided scheduling a public hearing for April 22,
2014. (02:49:03)
Special Counsel Barlow inquired if the committee members should be released
from their duties. Mayor Righeimer responded that the committee should remain
intact. (02:56:12)
Council Member Leece expressed opposition towards the Charter, stating that the
people of Costa Mesa voted overwhelmingly against the Charter. (02:56:52)
Council Member Genis stated that she sees flaws in the charter and would be
surprised if she decides to support it. (02:57:27)
Minutes — Regular Meeting — March 18, 2014 - Page 6
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ITEMS REMOVED FROM THE CONSENT CALENDAR (02:58:00)
3. WARRANT RESOLUTION 2511: A RESOLUTION OF THE CITY OF COSTA
MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 14-04 "A" AND 14-05 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID,
funding payroll No. 14-04 "A" for $650.14, Payroll No. 14-05 for $1,975,829.39
and City operating expenses for $1,891,020.21. (02:58:06)
Anna Vrska, Costa Mesa, spoke in regards to Municipal Code Section 2-61.
(02:58:32)
MOVED/SECOND: Mayor Righeimer/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem
Mensinger, and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
ACTION: Approved Warrant Resolution No. 2511, to be read by title only and
further reading waived.
6. 2013-2014 SLURRY SEAL PROJECT, CITY PROJECT NO. 13-15 (03:03:16)
Public Comments regarding Item Nos. 6-10 were taken all at once.
Jay Humphrey, Costa Mesa, spoke regarding the issue of public comments; spoke
on Prevailing Wage; and staff time allocation. (03:03:30)
Robin Leffler, Costa Mesa, spoke regarding the Slurry Seal projects; problems with
schedules between the new projects and the trash trucks; and timeliness of public
comments and staff time. (03:07:00)
Mayor Righeimer closed the Public Hearing. (03:08:38)
MOVED/SECOND: Mayor Righeimer/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem
Mensinger, and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
Minutes — Regular Meeting — March 18, 2014 - Page 7
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ACTION:
1. City Council adopted plans, specifications, and working details for the 2013-
2014 Slurry Seal Project, City Project No. 13-15; and
2. Awarded a construction contract to American Asphalt South, INC., 14436
Santa Ana Avenue, Fontana, CA 92337 in the amount of $374,138.10; and
3. Approved the Contract Change Order No. 1 in the amount of $74,830.00; and
4. Authorized the Chief Executive Officer to execute the Contract Change Order
No. 1; and
5. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
7. 2013-2014 STREET REHABILITATION PROJECT, CITY PROJECT NO. 13-16
MOVED/SECOND: Mayor Righeimer/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem
Mensinger, and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
ACTION:
1. City Council adopted plans, specifications, and working details for the 2013-
2014 Street Rehabilitation Project, City Project No. 13-16; and
2. Awarded a construction contract to R.J. Noble Company, 15505 E. Lincoln
Avenue, Orange, CA 92865 in the amount of $2,583,978.00; and
3. Approved Contract Change Order No. 1 in the amount of $516,800.00; and
4. Authorized the Chief Executive Officer to execute Contract Change Order No.
1; and
5. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
Minutes — Regular Meeting — March 18, 2014 - Page 8
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8. PARKWAY CONCRETE REPAIR AND NEW SIDEWALK CONSTRUCTION
PROJECT (PROJECT "A") - CITY PROJECT NO. 13-17
MOVED/SECOND: Mayor Righeimer/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger,
and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
ACTION:
1. City Council adopted plans, specifications, and working details for the
Parkway Concrete Repair and New Sidewalk Construction Project (Project
"A"), City Project No. 13-17; and
2. Awarded a construction contract in the amount of $497,603.00 to Horizons
Construction Co. International, Inc., 432 W. Meats Avenue, Orange, CA
92865; and
3. Approved Contract Change Order No. 1 in the amount of $99,500.00; and
4. Authorized the Chief Executive Officer to execute Contract Change Order No.
1; and
5. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
Minutes — Regular Meeting — March 18, 2014 - Page 9
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9. PARKWAY CONCRETE REPAIR PROJECT (PROJECT "B"), CITY PROJECT
NO. 13-18
MOVED/SECOND: Mayor Righeimer/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger,
and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
ACTION:
1. City Council adopted plans, specifications, and working details for the
Parkway Concrete Repair Project (Project "B"), City Project No. 13-18; and
2. Accepted the withdrawal of the bid submitted by Horizons Construction
Company International, Inc., 432 W. Meats Avenue, Orange, CA 92865; and
3. Rejected the bid submitted by Harry H. Joh Construction, Inc., 7303 Somerset
Boulevard, Paramount, CA 90723; and
4. Awarded a construction contract to C.J. Concrete Construction, Inc., 10142
Shoemaker Avenue, Santa Fe Springs, CA 90670 in the amount of
$1,229,970.00; and
5. Approved Contract Change Order No. 1 in the amount of $246,000.00; and
6. Authorized the Chief Executive Officer to execute Contract Change Order No.
1; and
7. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
Minutes — Regular Meeting — March 18, 2014 - Page 10
10. PARKWAY CONCRETE REPAIR PROJECT (PROJECT "C"), CITY PROJECT
NO, 13-19
MOVED/SECOND: Mayor Righeimer/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger,
and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
ACTION:
1. City Council adopted plans, specifications, and working details for the
Parkway Concrete Repair Project (Project "C"), City Project No. 13-19; and
2. Rejected the bid submitted by Harry H. Joh Construction, Inc., 7303 Somerset
Boulevard, Paramount, CA 90723; and
3. Awarded a construction contract to C.J. Concrete Construction, Inc., 10142
Shoemaker Avenue, Santa Fe Springs, CA 90670 in the amount of
$822,580.00; and
4. Approved Contract Change Order No. 1 in the amount of $164,500.00; and
5. Authorized the Chief Executive Officer to execute Contract Change Order No.
1; and
6. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
11. WILSON STREET AT HARBOR BOULEVARD INTERSECTION IMPROVEMENTS,
CITY PROJECT NO. 13-07 (03:08:55)
Public Comments:
Jay Humphrey, Costa Mesa, thanked staff for doing an excellent job on the
improvements on Wilson Street at the Harbor Boulevard intersection. (03:08:52)
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, Mayor Pro Tem Mensinger,
and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
Minutes — Regular Meeting — March 18, 2014 - Page 11
ACTION:
1. City Council accepted the work performed by GMC Engineering, Inc., and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the
filing date; and release of the retention monies 35 days after the Notice of
Completion filing date.
12. A RESOLUTION OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA,
FINDING THAT GOVERNMENT CODE 65402 SHALL NOT APPLY TO THE
ABANDONMENT OF A MINOR PORTION OF THE RIGHT-OF-WAY THROUGH
FILING OF A FINAL TRACT MAP FOR TRACT NO. 17508 (03:09:30)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on fees and the budget. (03:09:32)
Mayor Righeimer and CEO Thomas Hatch stated that the money goes into the Park
Development Fund to be allocated by the City Council. (03:10:04)
MOVED/SECOND: Council Member Genis/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem
Mensinger, and Mayor Righeimer
Nays: None
Absent: Council Member Monahan
Motion carried 4-0-1
ACTION:
1. City Council adopted Resolution No. 14-15, to be read by title only and waived
further reading, finding that Government Code Section 65402 shall not apply
to the abandonment of a minor portion of the right-of-way through filing of a
Final Tract Map for Tract No. 17508; and
2. Approved the Final Map for Tract No. 17508 and authorized signing of the
Map by the City Clerk and City Engineer.
CONTINUED PUBLIC COMMENTS (03:11:57)
Anila Ali, Irvine, introduced herself and announced her candidacy for Assembly District
74.(03:12:13)
Anna Vrska, Costa Mesa, spoke on warrant items; conducting of Council meetings; items
placed on the Consent Calendar; and on the Small Lot Ordinance. (03:13:46)
Minutes — Regular Meeting — March 18, 2014 - Page 12
Gay Royer, Costa Mesa, shared a story of her next door neighbor who had a difficult time
keeping up with home repairs, and recommended for the City to communicate and work
with the residents. (03:16:40)
Mayor Righeimer stated that there are some funds to help people who cannot afford the
repairs and who qualify. (03:19:44)
Robin Leffler, Costa Mesa, spoke on small lot developments; and indicated that the new
Ordinance will not eliminate building condominiums and will increase density. (03:20:23)
Jay Humphrey, Costa Mesa, spoke on the Neighbors for Neighbors program and
assistance from the community. (03:22:50)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS (03:24:10)
Discussion ensued on home repairs, grant money, and the Neighbors for Neighbors
program. (03:24:10)
Council Member Leece requested clarification regarding grants to help citizens and
inquired on the formal application process. (03:25:21)
Council Member Genis suggested Code Enforcement inform residents of funds available
for home repairs. (03:26:41)
REPORT- CITY ATTORNEY- None
Council Member Leece asked the City Attorney to coordinate a time in which the three
Council Members would convene to address Item 1 under Closed Session. (03:28:51)
CLOSED SESSION WAS NOT HELD DUE TO LACK OF A QUORUM
ADJOURNMENT- e Mayor and the City Council adjourned the meeting in memory of
5Nte at 9:43 p.m. to regular meeting, April 1, 2014, 5:00 p.m.
CITY CLERK
1
Minutes — Regular Meeting — March 18, 2014 - Page 13