HomeMy WebLinkAbout04/01/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
APRIL 1, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 4:00 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
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 Police Officers
Association (CMPOA), pursuant to California Government Code Section 54957.6.
2. 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.
3. 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 6:00 p.m.
CALL TO ORDER (00:00:05)
PLEDGE OF ALLEGIANCE (00:00:23) — Council Member Leece
MOMENT OF SOLEMN EXPRESSION (00:00:45) — Pastor Phil Eyskens, Lighthouse
Church
ROLL CALL (00:02:20)
Minutes — Regular Meeting — April 1, 2014 - Page 1
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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 Services Director Tamara Letourneau; Economic and
Development Services Director Gary Armstrong, Public Services Director Ernesto
Munoz, and City Clerk Brenda Green.
CLOSED SESSION REPORT — NONE
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
None
ANNOUNCEMENTS (00:02:51)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:05:09)
Presentation by Ambassador John Whalen on Donate Life California
PUBLIC COMMENTS (00:09:41)
Susan Shaw, Costa Mesa, spoke on traffic. (00:09:59)
Fabiola Soto, Community Service Programs Project Path, spoke about Costa Mesa
Police Explorers' participation in a campaign to deter driving under the influence of
alcohol. (00:11:58)
Robert Graham, Costa Mesa, spoke on undergrounding utilities. (00:14:02)
Laurene Keane, Costa Mesa, spoke about sober living homes and the Preserve our
Neighborhood Task Force. (00:16:11)
Greg Thunell, Costa Mesa, commented on pension contributions; vacancies in police
and fire departments; and department organization. (00:19:43)
Dana Lavin, Costa Mesa, spoke about Bruno, police dog; K-9 training; and police officer
recruitments. (00:22:04)
Minutes — Regular Meeting — April 1, 2014 - Page 2
Chris McEvoy, Costa Mesa, commented on the draft Charter; traffic problems; Friday
Night lights; developments; the hiring of a private investigator; and the trail at Fairview
Park. (00:25:36)
Sue Lester, Costa Mesa, spoke about the 60th Anniversary Committee meeting; and
Fairview Park. (00:28:45)
Ann Parker, Costa Mesa, spoke on sober living homes and group homes. (00:30:10)
COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:34:17)
Council Member Leece spoke on vandalism at the train station at Fairview Park; traffic;
and group homes. (00:34:20)
Mayor Righeimer spoke about group homes; the Neighborhood Improvement Task
Force; undergrounding of utilities; the Charter; outsourcing of street sweeping services;
and Clover Choir at Carnegie Hall. (00:37:26)
Public Services Director Ernesto Munoz provided an update regarding undergrounding
utilities. (00:47:46)
Mayor Pro Tem Mensinger commented on group homes; improvements at Victoria
Street; and back -to -school night at Estancia High School. (00:57:00)
Council Member Genis spoke about the Great American Write -In; Fairview Park; spoke
on undergrounding; upcoming community meetings; group homes; and the choir at
Saint John the Baptist. (00:58:55)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:02:50)
CEO Hatch spoke on unfunded pension liabilities and the fire side fund; employee
service awards; Fire Department staff development; upcoming community meetings;
earthquake response and preparedness; City goals and expectations; John Wayne
airport settlements; distracted drivers; and group homes.
CONSENT CALENDAR (01:11:57)
MOTION: Approved recommended actions for Consent Calendar Item Nos. 1 through 8
except for Items 4 and 6.
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 Meeting — April 1, 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: Tiffany Frignacchase and Sergio Galaviz.
ACTION: Received and filed.
3. WARRANT RESOLUTION 2512: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 14-05 "A" AND 14-
06 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding Payroll No.14-05 "A" for $-21.75, Payroll No. 14-06 for
$2,025,289.40 and City operating expenses for $1,234,436.96.
ACTION:
Approved Warrant Resolution No. 2512, to be read by title only and further
reading waived.
5. PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTANTS
ACTION:
1. City Council approved Amendment One, revising existing cap of $100,000
not to exceed $255,000, to the Professional Services Agreement with the
Lilley Planning Group; and
2. Authorized the City Chief Executive Officer to sign the amended Professional
Services Agreement with Lilley Planning Group.
Minutes — Regular Meeting — April 1, 2014 - Page 4
7. AGREEMENT FOR PROSECUTION SERVICES
ACTION:
1. City Council approved the Agreement between the City of Costa Mesa and
the County of Orange for Prosecution Services; and
2. Authorized the Mayor and the City Clerk to execute the Agreement.
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN
THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO
FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE, AND APPROVING THE
AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED
THERETO
ACTION:
City Council adopted Resolution No. 14-18, to be read by title only and waived
further reading, consenting to the inclusion of properties within the City's
Jurisdiction in the California HERO Program to Finance Distributed Generation
Renewable Energy Sources, Energy and Water Efficiency Improvements and
Electric Vehicle Charging Infrastructure and approved an amendment to a
certain joint powers agreement related thereto.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) — NONE
OLD BUSINESS — (01:14:30)
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
Staff report provided by Principal Planner Minoo Ashabi. (01:15:00)
Phil Morello, Costa Mesa, spoke in support of the Small Lot Ordinance. (01:16:30)
Jim Fitzpatrick, Costa Mesa, spoke in support of the Small Lot Ordinance.
(01:19:30)
Greg Thunell, Costa Mesa, commented on developments. (01:22:40)
Minutes — Regular Meeting — April 1, 2014 - Page 5
Joe Flanagan, Red Oak Investments, spoke in support of the Small Lot Ordinance.
(01:25:47)
Chris McEvoy, Costa Mesa, spoke on developments and parking. (01:26:45)
Peter Naghavi spoke in support of the Small Lot Ordinance. (01:29:29)
Tamar Goldmann, Costa Mesa, expressed opposition to the Small Lot Ordinance;
and commented on parking requirements. (01:31:44)
Cynthia McDonald, Costa Mesa, spoke in opposition to the Small Lot Ordinance;
and commented on density, setbacks, parking and developments. (01:34:53)
Susan Shaw, Costa Mesa, spoke in opposition to the Small Lot Ordinance; and
expressed concerns with traffic. (01:38:11)
Jay Humphrey, Costa Mesa, spoke on the Small Lot Ordinance. (01:40:00)
Katie Arthur, Costa Mesa, spoke in opposition to the Small Lot Ordinance; and
expressed concerns with open space, parking, and infrastructure. (01:43:15)
Al Melone, Costa Mesa, expressed concern with the Small Lot Ordinance; and
spoke on the General Plan. (01:45:35)
Robert Graham, Costa Mesa, spoke on parking and building permits (01:48:30)
Mayor Righeimer spoke on parking standards, density, traffic studies; and variance
issues. (01:52:20)
Discussion regarding Homeowners' Associations and Maintenance Associations.
(02:03:40)
Discussion ensued on parking and vehicle access. (02:06:25)
Council Member Leece spoke on project developments; common lot requirement;
lot area; open space, density; and expressed that the Ordinance will have a
negative effect. (02:09:44)
Council Member Genis spoke in support of a Small Lot Ordinance, but not with the
one proposed; and commented on CEQA; setbacks; density; overlay zones;
maintenance association issues; provided information on ownership and rental
rates. (02:12:40)
Mayor Pro Tem Mensinger spoke on the large demand for homes. (02:23:35)
Minutes — Regular Meeting — April 1, 2014 - Page 6
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
MOTION: To approve with revisions to Table 13-42: removing the requirement for
developments with more than 10 units to provide two additional guest parking
spaces, and reducing the setback minimum to five feet. (02:27:00)
City Attorney Duarte advised that changes to the Ordinance would require an
additional second reading. (02:28:10)
Council Member Monahan withdrew his second of the motion. (02:28:18)
Original motion died for lack of a second.
Council Member Genis expressed opposition to the motion. (02:29:25)
SUBSTITUTE MOTION: Approve second reading and adopt the ordinance.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor
Righeimer
Nays: Council Member Genis and Council Member Leece
Absent: None
Motion carried: 3-2
ACTION:
City Council gave second reading and adopted Ordinance No. 14-04, to be read
by title only and waived further reading, amending Title 13, Chapter I, IV, and V
related to definitions; amendment to land use matrix; and a new Article 2.5 to
Chapter V to allow small lot subdivisions in multiple family zoning districts and
urban plan areas.
City Council recessed for a break at 8:41 p.m.
City Council reconvened the meeting at 8:55 p.m.
NEW BUSINESS (02:51:45)
1. APPROVE POSTING OF A MONETARY REWARD IN MURDER
INVESTIGATION (02:51:50)
Council Member Genis asked if the language could be revised to reflect a reward
in the amount of "up to $10,000." (02:51:55)
MOTION: Approve recommended action, and to revise the reward amount to "up
to $10,000." (02:52:37)
MOVED/SECOND: Mayor Righeimer/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Genis and Council Member Leece, Council Member
Minutes — Regular Meeting — April 1, 2014 - Page 7
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the posting of a monetary reward in the amount of up to
ten thousand dollars ($10,000) for information leading to the arrest and
conviction of the persons or persons responsible for the murder of Gary Smola,
in compliance with City Council Policy 400-1, Reward Policy.
2. APPOINTMENTS TO VARIOUS COUNCIL -APPOINTED COMMITTEES AND
BOARD (02:52:55)
Staff report provided by City Clerk Brenda Green. (02:52:57)
ACTION:
City Council made appointments and reappointments to fill vacancies on the
following committees and board:
Cultural Arts Committee
4 regular member vacancies (2 two-year terms and 2 one-year terms) and 2
alternate member vacancies (1 two-year term and 1 one-year term)
Council Member Genis nominated Irene P. Engard and Anthony S. Manrique for
a two-year term; and Tina Wlasick for a one-year term. (02:54:31)
MOTION: Approve
MOVED/SECOND: Council Member Genis/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis and Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
Historical Preservation Committee
6 regular member vacancies (5 two-year terms and 1 one-year term) and 2
alternates (2 two-year terms)
Council Member Leece nominated Christopher Ganeire, Mary Ellen Goddard,
Margaret Johnston, Terry Shaw, and Melinda Lowery to a two-year term; Karen
McKenna-Juergens to a one-year term; and George Nakai as an alternate.
(02:55:18)
Minutes — Regular Meeting — April 1, 2014 - Page 8
MOVED/SECOND: Council Member Leece/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Genis and Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
Housing and Public Service Grant Committee
3 regular member vacancies — this reduces the committee membership to 9
regular members (3 two-year terms)
Mayor Pro Tem Mensinger nominated Leah Ersoylu, Philip Morello and Bob
Wakeham for a two-year term. (02:56:08)
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Genis and Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
Costa Mesa Senior Corporation Board of Directors
2 representative vacancies (2 one-year terms)
Council Member Leece nominated James R. Fisler and Susan Healey for a one-
year term to the Costa Mesa Senior Corporation Board of Directors (02:56:38)
MOVED/SECOND: Council Member Leece/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis and Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
ITEMS REMOVED FROM THE CONSENT CALENDAR (02:57:47)
4. BUS SHELTER ADVERTISING FRANCHISE AGREEMENT (02:57:56)
Eleanor Egan, Costa Mesa, spoke on a non-discrimination provision. (02:58:45)
Jay Humphrey, Costa Mesa, spoke on non-discrimination and free speech.
(02:59:48)
Minutes — Regular Meeting — April 1, 2014 - Page 9
Council Member Leece requested the addition of a non-discrimination clause.
(03:00:25)
Discussion ensued regarding approval of advertisements and the City's right to
reject advertisement that is improper, offensive, or interferes with pedestrian or
traffic safety. (03:01:38)
MOTION: Council Member Monahan/Mayor Pro Tem Mensinger (03:03:10)
Council Member Leece spoke on free speech for advertising and indicated that
discretion should be with the City. (03:03:15)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Mensinger, and Mayor Righeimer
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
1. City Council approved a new Franchise Agreement for a Bus Shelter
Advertising Program, effective April 2, 2014 through March 31, 2019, with
Clear Channel Outdoor, Inc., 19320 Harborgate Way, Torrance, CA 90501;
and
2. Authorized the Mayor and the City Clerk to execute the Franchise Agreement.
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE CITY OF COSTA MESA TO ENTER INTO
AN AGREEMENT WITH THE STATE OF CALIFORNIA FRANCHISE TAX
BOARD AUTHORIZING THE RECIPROCAL AND CONFIDENTIAL EXCHANGE
OF TAX DATA IN THE CITY BUSINESS TAX PROGRAM (03:06:44)
MOTION: Council Member Monahan/Mayor Pro Tem Mensinger
Discussion ensued regarding the cost of the agreement. (03:07:15)
MOTION: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis and Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — April 1, 2014 - Page 10
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ACTION:
City Council adopted Resolution No. 14-17, to be read by title only and waived
further reading, authorizing the Chief Executive Officer to execute the State of
California Standard Agreement C1300129 with the State of California Franchise
Tax Board to participate in the City Business Tax Program.
CONTINUED PUBLIC COMMENTS - NONE
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT - To Special City Council meeting, April 22, 2014, 7:00 p.m.
The Mayor adjourned
James
Brenda Green C .l y Clerk
g at 9:12 p.m.
Minutes — Regular Meeting — April 1, 2014 - Page 11