HomeMy WebLinkAbout04/15/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
APRIL 15, 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
CLOSED SESSION
The City Council recessed into Closed Session at 5:03 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).
4. Conference with legal counsel regarding existing litigation: Agnieszka
Szczerbinska Baltusis and Victor Baltusis v. City of Costa Mesa, a municipal
corporation, et al., Orange County Superior Court Case No. 30-2012 00607875,
pursuant to California Government Code Section 54956.9(a).
5. Request for Special Leave of Absence: Public Employee, pursuant to California
Government Code Section 54957(b)(1).
Minutes — Regular Meeting — April 15, 2014 - Page 1
Mayor Righeimer and Mayor Pro Tem Mensinger recused themselves from Closed
Session item number 3 due to a potential conflict.
The City Council reconvened at 6:05 p.m.
CALL TO ORDER (00:00:16)
PLEDGE OF ALLEGIANCE (00:00:30) — Council Member Monahan
MOMENT OF SOLEMN EXPRESSION (00:00:54) —
David Manne, Calvary Chapel of Costa Mesa
ROLL CALL (00:02:09)
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.
CLOSED SESSION REPORT (00:02:22)
City Attorney Duarte reported on Closed Session item 5: Request for Leave of
Absence
(5-0 vote) — City Council approved the request.
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238
(b) — NONE
ANNOUNCEMENTS (00:02:45)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:05:12)
Dave Kiff, City Manager, City of Newport Beach, provided an update and a
presentation on the John Wayne Airport. (00:05:25)
Presentation by Transportation Corridor Authority (TCA) on all electronic tolling (no
cash booths). (00:11:32)
Minutes — Regular Meeting — April 15, 2014 - Page 2
Recognition of Code Enforcement Officer Mike Tucker and Grace Fellowship Church
for assisting a citizen in property maintenance. (00:23:11)
PUBLIC COMMENTS (00:29:00)
Chris McEvoy, Costa Mesa, spoke regarding a Charter; public participation; the 2014
election; and Fairview Park. (00:29:23)
Chuck Berry, Costa Mesa, spoke regarding the rehabilitation of Victoria Street; and
Vanguard University Soccer field and parking. (00:32:05)
Flo Martin, Costa Mesa, spoke regarding Firefighters and Paramedics who saved her
sons life. (00:33:33)
Beth Refakes, Costa Mesa, spoke on the collection for the 1/5 Marine Battalion; a
60th Anniversary Committee follow up; and requested a link on the website for John
Wayne Airport issues. (00:36:59)
Sue Lester, Costa Mesa, recognized Mike Tucker on his award and a Costa Mesa
Park Ranger for being deployed; and ethics policy. (00:40:40)
Kathie Espahani, Costa Mesa, Affordable Housing Coalition; spoke on the revocation
of the Sandpiper Motel Conditional Use Permit. (00:44:01)
Cindy Brenneman, Costa Mesa, spoke regarding donations for the Marines 1/5; a
Goat Hill event on Saturday, April 19; fire department donation fund for families;
Community Run on April 26; Relay 4 Life on April 31, 2014; distracted drivers and an
ethics policy. (00:47:19)
Alan Katz, Costa Mesa, spoke on a crosswalk or light standard on Victoria by Victoria
Healthcare. (00:50:29)
Robin Leffler, Costa Mesa, spoke regarding items discussed at the 60th Anniversary
meeting. (00:53:01)
COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:56:19)
Council Member Monahan — spoke regarding the possibility of a medical marijuana
initiative. (00:56:23)
Mayor Righeimer — spoke regarding Affordable Housing; the revocation of the
Sandpiper Motel Conditional Use Permit; motel rooms and long term stays; and a
comment on a blog. (00:57:35)
Mayor Pro Tem Mensinger — echoed the Mayor's sentiments regarding comments on
blogs. (01:05:46)
Minutes — Regular Meeting — April 15, 2014 - Page 3
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Council Member Genis — spoke on the Goat Hill event; and the Southern California
Association of Governments annual conference on May 1St and 2"d. (01:06:54)
Council Member Leece — spoke on public comments; spoke on free speech; the
ethics policy; Roberts Rule of Order; motels; affordable housing; the Senior Center;
and the Freedom Committee. (01:07:47)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:15:46)
CEO Hatch — spoke on the ethics policy; the Charter Public Hearing on April 22nd;
Study Session regarding General Land Use Alternatives; library concepts; budget
study session on May 13th; the 60th Anniversary meeting; Costa Mesa Connect Smart
Phone application; and a Firefighter rescue at a daycare.
Assistant CEO Richard Francis and Code Enforcement Officer Mike Tucker provided
an update on group homes.
CONSENT CALENDAR (01:37:49)
MOTION: Approved recommended actions for Consent Calendar Items Nos. 1-10
except for items 6 and 10.
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
Abstain: Mayor Pro Tem Mensinger and Mayor Righeimer (on Consent Calendar Item No.
9)
Motion carried: 5-0 (items 1-10, excluding item Nos. 6, 9 and 10)
Motion carried: 3-0-2 (on Consent Calendar Item No. 9)
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.
Minutes — Regular Meeting — April 15, 2014 - Page 4
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2. WARRANT RESOLUTION 2513: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN
CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 14-06
"A" AND 14-07 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID, funding Payroll No.14-06 "A" for $1,957.29, Payroll No.
14-07 for $2,055,846.95 and City operating expenses for $1,567,440.24.
ACTION:
Approved Warrant Resolution No. 2513, to be read by title only and further
reading waived.
3. INVESTMENT MANAGEMENT SERVICES UPDATE
ACTION:
City Council received and file.
4. PARKWAY CONCRETE REPAIR (AREA 29) — CITY PROJECT NO. 12-21
ACTION:
1. City Council accepted the work performed by C.J. Concrete Construction,
Inc. and authorize the City Clerk to file the Notice of Completion; and
2. Released the Labor and Material Bond seven (7) months after the filing
date; released the Faithful Performance Bond one (1) year after the filing
date; and released the retention monies 35 days after the Notice of
Completion filing date.
5. MEMORANDUM OF UNDERSTANDING WITH STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR SHARING OF
CLOSED CIRCUIT TELEVISION (CCTV) VIDEOS
ACTION:
1. City Council approved the attached Memorandum of Understanding
between the City of Costa Mesa and the State of California Department of
Transportation (Caltrans) for the purpose of sharing Closed Circuit
Television (CCTV) video images/streams between Caltrans, participating
cities in Orange County, and the City of Costa Mesa; and
2. Authorized the Chief Executive Officer and the City Clerk to execute the
above agreement.
Minutes — Regular Meeting — April 15, 2014 - Page 5
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7. - REQUEST FOR SALE, SERVICE AND CONSUMPTION OF BEER AND
WINE BEVERAGES AT FAIRVIEW PARK FOR 2014 CONCERTS IN THE
PARK
ACTION:
1. City Council approved the request by the Costa Mesa Community
Foundation for the sale, service, and consumption of beer and wine
beverages at Fairview Park during the 2014 Summer Concerts in the Park
series in a confined area and with appropriate training for servers; and
2. Granted administrative authority to the CEO to annually authorize such
request. The CEO will notify Council via memo of said requests and
approvals.
8. REQUEST FOR ALCOHOL SERVICE AND CONSUMPTION AT FAIRVIEW
PARK FOR ANNUAL FISH FRY
ACTION:
1. City Council approved the Costa Mesa -Newport Harbor Lions Club's
request to sell wine and beer at the 2014 Fish Fry; and
2. In addition, granted administrative authority to the CEO to annually
authorize such request. The CEO will notify Council via memo of said
requests and approvals.
9. APPOINTMENT OF CITY NEGOTIATORS FOR THE COSTA MESA POLICE
ASSOCIATION NEGOTIATIONS AND AUTHORIZATION TO PROCEED
WITH THE FINANCIAL ANALYSIS OF THE MOU PER THE COIN
ORDINANCE
ACTION:
1. City Council designated Tamara Letourneau, Assistant Chief Executive
Officer; Richard M. Kreisler, Partner, Liebert Cassidy Whitmore; and,
Laura Kalty, Partner, Liebert Cassidy Whitmore as the City's
representatives in negotiations with the Costa Mesa Police Association
(CMPA); and
2. Authorized staff to have the independent fiscal analysis of the current
CMPA Memorandum of Understanding (MOU) completed per the
requirements of the COIN Ordinance.
Minutes — Regular Meeting — April 15, 2014 - Page 6
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:38:40)
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF
FULLERTON AVENUE RIGHT-OF-WAY AT 1854 FULLERTON AVENUE
(01:45:33)
Staff report provided by Public Services Director, Ernesto Munoz.
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:
1. City Council adopted Resolution No. 14-20, to be read by title only and
waived further reading, ordering the vacation of a portion of Fullerton
Avenue Right -Of -Way at 1854 Fullerton Avenue; and
2. Authorized execution of the Quitclaim Deed by the Mayor and the City
Clerk.
2. 125 EAST BAKER STREET APARTMENT PROJECT:
FINAL EIR (STATE CLEARINGHOUSE # 2013081051); GENERAL PLAN
AMENDMENT GP -13-02; REZONE R-13-02; ZONING CODE AMENDMENT
CO -13-02; MASTER PLAN PA -13-11, AND DEVELOPMENT AGREEMENT
DA -14-02 FOR 125 EAST BAKER STREET (01:38:45)
Public Comments:
Robin Leffler, Costa Mesa, spoke on considering the General Plan update first.
(01:41:23)
MaryAnn O'Connell, Costa Mesa, spoke regarding traffic and housing.
(01:41:50)
Terry Koken, Costa Mesa, spoke on attracting people to Costa Mesa. (01:42:54)
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
Minutes — Regular Meeting — April 15, 2014 - Page 7
ACTION:
City Council continued the Public Hearing.
OLD BUSINESS — NONE
NEW BUSINESS (01:56:35)
1. APPOINTMENTS TO COUNCIL -APPOINTED COMMITTEES (01:56:41)
Staff report by City Clerk Brenda Green. (01:56:41)
ACTION:
City Council made appointments to fill vacancies on the following committees:
a. Finance Advisory Committee
Mayor Pro Tem Mensinger nominated the following individuals to the Finance
Advisory Committee:
James Fisler, Christopher Graham, Howard Hull, Robert Juneman, Tom
Pollitt, Richard Riva, Terry Shaw, and Colin Smith, Jeff Arthur
MOTION: Approve
MOVED/SECOND: Mayor Pro Tem Mensinger/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
b. Fairview Park Citizens Advisory Committee
Mayor Pro Tem Mensinger nominated Frank Davern to the Fairview Park
Citizens Advisory Committee.
MOTION: Approve
MOVED/SECOND: Mayor Pro Tem Mensinger/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
Minutes — Regular Meeting — April 15, 2014 - Page 8
c. Historical Preservation Committee
Council Member Leece nominated John McQueen to the Historical
Preservation Committee as an alternate member.
MOTION: Approve
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
2. URBAN MASTER PLAN SCREENING REQUEST (UMP -14-01) FOR A 16 -
UNIT LIVEIWORK DEVELOPMENT LOCATED AT 2026 PLACENTIA
AVENUE (02:02:00)
Staff report provided by Minoo Ashabi, Principal Planner. (02:02:00)
Discussion ensued regarding parking; garages; alley setback; retail space;
kitchen; and open space. (02:07:10)
Public Comments:
Jay Humphrey, Costa Mesa, spoke regarding parking concerns and tandem
parking. (02:12:09)
Robin Leffler, Costa Mesa, spoke on the West Bluffs Urban Plan vision; work
units; and open space. (02:13:58)
Matt Hamilton, Applicant, spoke on the work area; kitchen; entrances; work
space; parking; alley setback; and tandem parking. (02:16:04)
Discussion continued regarding picnic and outdoor areas; open space; and
permeable pavers. (02:18:40)
City Council provided feedback for a proposed 16 -unit live/work project within
the Mesa West Bluffs Urban Plan.
3. ETHICS POLIO - REMOVED
RECOMMENDATION-
establishing an Ethinc ❑nlln\/
Minutes — Regular Meeting — April 15, 2014 - Page 9
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ITEMS REMOVED FROM THE CONSENT CALENDAR (02:26:40)
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DESIGNATING PERMIT PARKING ON CENTER STREET
BETWEEN PLACENTIA AVENUE AND WALLACE AVENUE (02:27:06)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on parking concerns. (02:27:30)
Anna Vrska, Costa Mesa, expressed parking concerns due to high density
developments. (02:29:45)
Wing Lamm, Costa Mesa, suggested resident parking after 5 p.m. and on the
weekend due to the limited parking at his business. (02:30:28)
Discussion ensued regarding parking issues. (02:32:20)
Nelsie Jimenez, Costa Mesa, expressed concerns with having no parking on
her street. (02:34:25)
Speaker, Costa Mesa, expressed concerns with having no parking on her
street. (02:35:05)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
SUBSTITUTE MOTION: To approve original staff recommendation
MOVED/SECOND: Council Member Genis/Council Member Leece
Mayor Righeimer requested staff bring back a report in 3 to 4 months.
Council Member Genis and Leece withdrew their substitute motion.
ORIGINAL MOTION/SECOND: Council Member Monahan/Mayor Pro Tem
Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Council Member Genis, Council Member
Leece, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — April 15, 2014 - Page 10
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ACTION:
1. City Council adopted Resolution No. 14-19, to be read by title only and
waived further reading, approving the implementation of a "Resident Only"
parking restriction on Center Street, between Placentia Avenue and
Wallace Avenue from 5 p.m. -8 a.m.; and
2. Authorized the Transportation Services Manager to extend the "resident
only" parking restriction for a maximum of 1,000 feet as needed.
10. PARTICIPATION IN ECONOMIC DEVELOPMENT CONFERENCE
(02:41:03)
Council Member Leece requested information from the attendance of this
conference. (02:41:03)
MOTION/SECOND: Council Member Monahan/Council Member Leece
Public Comments:
Beth Refakes, Costa Mesa, inquired on the estimated total cost and
businesses attracted to Costa Mesa from previous conferences. (02:43:05)
MOTION/SECOND: Council Member Monahan/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Council Member Genis, Council Member
Leece, Mayor Pro Tem Mensinger, and Mayor Righeimer
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council provided formal approval, per Council Policy 100-8 for both Mayor
Righeimer and Mayor Pro Tem Mensinger to attend the annual International
Conference of Shopping Centers (ICSC) conference in Las Vegas, Nevada on
May 18-20, 2014, along with City staff.
CONTINUED PUBLIC COMMENTS (02:45:15)
Anna Vrska, spoke on the ethics policy; a leaked memo to the Daily Pilot; 1St
Amendment; Committee appointments and late applicants. (02:45:30)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS
(00:00:00)
REPORT — CITY ATTORNEY — NONE
Minutes — Regular Meeting — April 15, 2014 - Page 11
ADJOURNMENT (02:48:20) The Mayor adjourned the meeting at 8:49 p.m. to
Special City Council meeting, April 22, 2014, 7:00 p.m.
Minutes adopted on this 21St day of April, 2015.
Stepnen M. Mensinger, Mayor
ATTEST:
&,W&0-
Brenda Green,
1
1
Clerk
Minutes — Regular Meeting — April 15, 2014 - Page 12