HomeMy WebLinkAbout05/06/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAY 6, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 4:02 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 (arrived at
4:15 p.m.), 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 4:05 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).
Mayor Righeimer and Mayor Pro Tem Mensinger recused themselves from Closed
Session item number 1.
The City Council reconvened at 6:03 p.m.
CALL TO ORDER (00:00:20)
PLEDGE OF ALLEGIANCE (00:00:41) — Mayor Righeimer
MOMENT OF SOLEMN EXPRESSION (00:01:16)
Minutes — Regular Meeting — May 6, 2014 - Page 1
Rabbi Elie Spitz of Congregation B'nai Israel
ROLL CALL (00:01:30)
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.
CITY ATTORNEY CLOSED SESSION REPORT (00:01:45) - NONE
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:02:00)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATION (00:04:14)
1. Rabbi Elie Spitz of Congregation B'nai Israel on the Day of Holocaust Remembrance
(00:04:24)
2. New Ambulance Presentation (00:08:54)
3. Provide a Ride Presentation (00:14:30)
4. Recognition of St. John the Baptist School Clover Choir and Music Director Yvette
Itano (00:22:30)
PUBLIC COMMENTS (00:37:32)
Cindy Brenneman, Costa Mesa, spoke on the fire fighters assistance for burn victims;
and new ambulances. (00:37:48)
Phillip Marx, Costa Mesa, spoke on radiation poisoning. (00:40:05)
Sue Lester, Costa Mesa, spoke on the OC Marathon; and on life saving efforts from
Officer Olin. (00:43:15)
Al Melone, Costa Mesa, spoke on the dog park. (00:45:30)
Minutes — Regular Meeting — May 6, 2014 - Page 2
Beth Refakes, Costa Mesa, spoke on the Military Affairs Team support of 1/5 Marines;
the 60th Anniversary report; and the 19th Street traffic calming meeting. (00:48:48)
Charles Mooney, Costa Mesa, spoke on library renovations. (00:51:50)
Laurene Keane, Costa Mesa, spoke on the 60th Anniversary issue; and the Costa Mesa
minute video. (00:53:27)
Greg Thunell, Costa Mesa, spoke on the Mayor's responsibility and public sentiment on
various issues. (00:56:31)
Tamar Goldmann, Costa Mesa, spoke on the comment period for public speakers; and
the 2012 elections. (00:59:55)
Cindy Black, Costa Mesa, spoke on approved developments; traffic mitigation for the
Banning Ranch development; and donations to Mayor Righeimer. (01:02:35)
Harold Weitzberg, Costa Mesa, spoke on infringement of rights. (01:05:44)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (01:07:10)
Mayor Righeimer — spoke on new ambulances; the Fire Department reorganization; and
thanked citizens of Costa Mesa who paid for the fire services. (01:07:12)
Mayor Pro Tem Mensinger — spoke on the new ambulances; the leadership of the Fire
Department; announced the Mayor's celebration on May 8th, 2014; spoke on the OC
Marathon event and the Battle of Costa Mesa event; Costa Mesa Connect system for
iPhones; dog park maintenance; developments in the City; and the COIN process being
considered by the County. (01:11:32)
Council Member Genis — thanked St. John the Baptist School Choir; reported her
attendance at the Southern California Association of Governments conference; spoke
on .funding for transportation; spoke on toll lanes; spoke on Consent Calendar 4; spoke
on development fees; development of long narrow single parcels; and the Metro Point
development. (01:19:28)
Council Member Leece —.spoke on the dog park; spoke on the 60th Anniversary report;
the RFP for expanding Library services; reported her attendance at the Art Fair at
Estancia Adobe; spoke on the Moment of Solemn Expression; spoke on the General
Plan Update; COIN; transparency; and ex -parte communications. (01:25:10)
Council Member Monahan — spoke on the Moment of Solemn Expression; the dog park
and planting trees; neighborhood clean-up and removing old signs; and invited the
public to fundraiser events for St. Joachim and Kaiser Woodland School. (01:35:25)
Minutes — Regular Meeting — May 6, 2014 - Page 3
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:38:50)
CEO Thomas Hatch provided a report on the 60th Anniversary event; spoke on the dog
park; the budget process; an Elections Committee; complemented public services staff
on cleaning up of trees after the winds; spoke on the Hamilton Community Garden; and
the lease agreement between the County and Ganahl Lumber Company.
CONSENT CALENDAR (00:55:52)
MOTION: Approve recommended actions for Consent Calendar Items Nos. 1-5 except
for items 4 and 5.
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
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: Godoy Glad; Lou Jean Stead; Julie Fowler;
and Southern California Edison.
ACTION: Received and filed.
3. WARRANT RESOLUTION 2514: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-07 "A", 14-08,
14-08 "A", 14-09 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID, funding Payroll No. 14-07 "A" for $3,367.93, Payroll No.
14-08 for $2,154,038.99, Payroll No. 14-08 "A" for $1,358.07, Payroll No. 14-
09 for $2,048,020.85 and City operating expenses for $4,023,608.96.
ACTION: Approved Warrant Resolution No. 2514, to be read by title only and
further reading waived.
Minutes — Regular Meeting — May 6, 2014 - Page 4
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:45:05)
City Council considered Public Hearing item number 2 first followed by Public Hearing
item number 1.
2. 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE
GRANT ALLOCATIONS (01:42:26)
Mayor Righeimer recused himself from this item because he is on the Board of
Mercy House.
Public Comments:
Kathy Duvernet, Youth Employment Service, Costa Mesa, thanked the city for
support; requested continued funding; and spoke on their programs. (01:50:40)
Timothy Huyah, Mercy House Living Centers, Costa Mesa, spoke regarding
homelessness and requested continued funding. (01:53:15)
John Hobso, Youth Employment Service, Costa Mesa, thanked the city for
support and requested continued funding. (01:54:30)
MOTION/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, and Mayor Pro Tem Mensinger.
Nays: None
Absent: None
Recused: Mayor Righeimer
Motion carried: 4-0-1
ACTION:
City Council approved a $20,000 Community Development Block Grant Public
Service Grants for Fiscal Year 2014-2015 for Mercy House.
Mayor Righeimer returned to the meeting. (01:57:30)
MOTION/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, and Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — May 6, 2014 - Page 5
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ACTION:
City Council approved the following Community Development Block Grant Public
Service Grants for Fiscal Year 2014-2015: Fair Housing Foundation $21,000;
Community SeniorSery-Home Delivered Meals $20,000; Youth Employment
Services $19,000; Council on Aging $9,000; Women's Transitional Living Center
$10,000; Colette's Children's Home $20,000; and Community SeniorServ-
Congregte Meals $20,000.
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING FISCAL YEAR 2014-2015 COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP
ACT OF ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (01:58:15)
MOTION/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:
1. City Council approved recommended allocation of $1,031,757 for the Fiscal
Year 2014-2015 Community Development Block Grant (CDBG) Application;
and
2. Approved recommended allocation of $353,421 for the Fiscal Year 2014-
2015 HOME Investment Partnership Grant; and
3. Approved Resolution No. 14-21, to be read by title only and waived further
reading, authorizing the following:
o City's Chief Executive Officer (CEO) to act as the official representative of
the City in order to submit the Annual Action Plan and all certifications and
assurances contained therein; and
o CEO to act in connection with the submission of the Annual Action Plan; and
o CEO to approve minor changes and provide additional information as may
be required.
Minutes — Regular Meeting — May 6, 2014 - Page 6
City Council recessed into a break at 8:21 p.m. (02:18:22)
City Council resumed at 8:31 p.m. (02:29:04)
3. 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 (02:29:01)
Staff report presented by Mel Lee, Senior Planner and Jerry Guarracino,
Assistant Director Community Improvement Division.
Joe Flanagan, Applicant, Red Oak Investments, and the design team provided a
presentation. (03:21:20)
Public Comments:
Alex Remo, Irvine, spoke in support of the project. (04:16:30)
John Harty, Newport Beach, spoke in support of the project. (04:19:40)
Michael Garz, Costa Mesa, spoke in support of the project. (04:21:34)
Anne Lukas, Tustin, spoke in opposition to the project. (04:22:44)
Morgan Hill, Costa Mesa, spoke in support of the project. (04:25:23)
Garry Lukas, Costa Mesa, spoke in opposition to the project. (04:27:00)
Sam Olmstead, Costa Mesa, spoke in support of the project. (04:28:20)
John Feeney, Costa Mesa, expressed concerns with the project. (04:30:14)
Carter Harrington, Costa Mesa, spoke in support of the project. (04:31:34)
Jay Humphrey, Costa Mesa, expressed concerns with the project. (04:32:22)
Richard Huffman, Costa Mesa, spoke in opposition to the project. (04:35:30)
Robin Leffler, Costa Mesa, expressed concerns with the project. (04:38:05)
Anna Vrska, Costa Mesa, spoke in opposition to the project. (04:41:12)
Cynthia McDonald, Costa Mesa, spoke in opposition to the project. (04:44:08)
Minutes — Regular Meeting — May 6, 2014 - Page 7
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1. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved Resolution No. 14-22, to be read by title only and waived
further reading, certifying the Final Environmental Impact Report for the project.
2. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(05:25:30)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
2. City Council tentatively approved by adoption of Resolution No. 14-23, to be
read by title only and waived further reading, General Plan Amendment GP -13-
02, with substituting 4 stories and a loft instead of 5 stories.
3. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(05:34:10)
The motion carried by the following roll
Ayes: Council Member Genis, Council
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
call vote:
Member Monahan, and Mayor Pro Tem
Minutes — Regular Meeting — May 6, 2014 - Page 8
11
ACTION:
3. City Council approved first reading to Ordinance No. 14-05, to be read by title
only and waived further reading, approving Rezone R-13-02.
4. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(05:34:30)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
4. City Council approved first reading to Ordinance No. 14-06, to be read by title
only and waived further reading, approving Zoning Code Amendment CO -13-02
5. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(05:34:40)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
5. City Council approved by adoption of Resolution No. 14-24, to be read by title
only and waived further reading, Master Plan PA -13-11, subject to conditions of
approval and the EIR Mitigation Monitoring and Reporting Program for the
project.
6. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(05:35:05)
SUBSTITUTE MOTION BY COUNCIL MEMBER GENIS: To approve the
development agreement except for clause six. (05:39:35)
MOTION DIED FOR LACK OF A SECOND
Minutes — Regular Meeting — May 6, 2014 - Page 9
ORIGINAL MOTION: Council Member Monahan/Mayor Pro Tem Mensinger
(05:40:28)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
6. City Council approved Development Agreement DA -14-02 between the
applicant and the City of Costa Mesa to fund public infrastructure
improvements in the area.
City Council recessed for a break at 11:43 p.m. (05:40:50)
City Council resumed at 11:54 p.m. (05:50:25)
MOTION: Continue the meeting past midnight
MOVED/SECOND: Council. Member Leece/Council Member Monahan
The motion to continue the meeting past midnight carried by the following roll call
vote:
Ayes: Council Member Leece, Council Member Monahan, and Mayor Righeimer.
Nays: None
Absent: Mayor Pro Tem Mensinger/Council Member Genis
Motion carried: 3-2
NEW BUSINESS (05:50:50)
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN ANNUAL
ASSESSMENT FOR FISCAL YEAR 2014-2015 FOR A BUSINESS
IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND
MOTELS AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING
ON PROPOSAL (05:50:59)
MOTION/MOVED: Council Member Monahan/Mayor Pro Tem Mensinger
(05:57:10)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — May 6, 2014 - Page 10
ACTION:
1. City Council received and filed the Business Improvement Area (BIA) annual
report for Fiscal Year 2013-14; and
2. Received and filed audited financial report for Fiscal Year 2012-13; and
3. Approved Resolution No. 14-25, to be read by title only and waived further
reading, declaring its intention to levy an annual assessment for Fiscal Year
2014-2015 for a Business Improvement Area covering certain Costa Mesa
Hotels and Motels and setting the time and place for a public hearing on June
3, 2014.
2. REQUEST FOR CITY COUNCIL DIRECTION ON POTENTIAL
REVIEW/REVISION OF THE CITY'S SIGN ORDINANCE (06:00:15)
John Feeney, Costa Mesa, spoke on the current sign code. (06:01:40)
City Council provided direction to staff to refer to the Planning Commission.
(06:05:20)
3. ETHICS POLICY (06:11:26)
Sue Lester, Costa Mesa, spoke on compliance of the ethics policy. (06:15:00)
Beth Refakes, Costa Mesa, spoke on enforcement and compliance of the policy.
(06:17:00)
Robin Leffler, Costa Mesa, inquired on a hearing or appeal process for censure.
(06:20:10)
Cindy Brenneman, Costa Mesa, spoke on compliance of the ethics policy.
(06:20:45)
MOTION: To receive and file. (06:28:40)
MOVED/SECOND: Council Member Monahan/Mayor Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
Minutes — Regular Meeting — May 6, 2014 - Page 11
ACTION:
City Council received and filed the ethics policy.
ITEMS REMOVED FROM THE CONSENT CALENDAR —
4. 2013 ANNUAL REVIEW OF THE COSTA MESA 2002 GENERAL PLAN
(06:37:35)
Jay Humphrey, Costa Mesa, spoke regarding mobile homes being sold and
replaced with high density housing. (06:37:50)
Robin Leffler, Costa Mesa, commented on various sections of the general plan
review. (06:40:08)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(06:43:19)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the 2013 Annual Report of the Costa Mesa 2002 General
Plan.
5. CHANGE ORDER — WEST COAST ARBORISTS, INC. (06:43:49)
Jay Humphrey, Costa Mesa, spoke on outsourcing of tree trimmings. (06:43:58)
MOTION: Council Member Monahan/Mayor Pro Tem Mensinger (06:44:50)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved Contract Change Order No. 1 to the Professional
Services Agreement authorizing payment for additional work in the amount
Minutes — Regular Meeting — May 6, 2014 - Page 12
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of $100,000 for tree planting services with West Coast Arborists, Inc., 2200
E. Via Burton Street, Anaheim, California 92806; and
2. Authorized the CEO to execute the Contract Change Order.
CONTINUTED PUBLIC COMMENTS (06:46:55)
Anna Vrska, Costa Mesa, spoke on the 60th Anniversary documents; and the ethics
policy. (06:47:17)
Robin Leffler, Costa Mesa, spoke on ambulance transportation; the Metro Point
development; the Auto Club and IKEA development; and General Plan Amendments.
(06:48:51)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE
REPORT - CITY ATTORNEY - NONE
ADJOURNMENT- To next regular meeting on June 3, 2014.
The Mayor adjourned the meeting at 12:37 p.m.
Jame
,pff-Ogifeimer, Mayor
Brenda Green; City Clerk
Minutes - Regular Meeting - May 6, 2014 - Page 13