HomeMy WebLinkAbout05/20/2014 - 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
MAY 20, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 4:30 p.m. in the Council Chambers at Costa
Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Righeimer (arrived at 4:45 p.m.), Mayor Pro Tem Mensinger,
Council Member Leece, Council Member Genis (arrived at 4:45 p.m.)
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 4:35 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 Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organization: Costa Mesa Fire Fighters Association (CMFA),
and Costa Mesa Fire Fighters Management Association, pursuant to California Government
Code Section 54957.6.
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).
Mayor Righeimer and Mayor Pro Tem Mensinger recused themselves from Closed Session
item number 1 due to a possible conflict.
The City Council reconvened at 6:04 p.m.
CALL TO ORDER (00:00:14)
PLEDGE OF ALLEGIANCE (00:00:36) — Mayor Pro Tem Mensinger
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 1
MOMENT OF SOLEMN EXPRESSION (00:00:57)
Doug Jacks, Palm Harvest Church
ROLL CALL (00:01:26)
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, Transportation Services Manager Raja Sethuraman, 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 (00:01:50)
"Costa Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATION (00:00:00) - NONE
PUBLIC COMMENTS (00:04:52)
Harold Weitzberg, Costa Mesa, spoke regarding a new development project on Victoria.
(00:05:00)
Mary Ann Dunham, Costa Mesa, spoke on the Relay for Life event. (00:08:08)
Charles Mooney, Costa Mesa, spoke on the Library and Community Center. (00:10:00)
Beth Refakes, Costa Mesa, spoke regarding the budget meeting; development in the airport
area; and use of the substation for the American Legion Post. (00:11:26)
Al Melone, Costa Mesa, spoke regarding animal control services; and the dog park. (00:14:38)
Chuck Perry, Costa Mesa, thanked Council on road repairs; Dan Joyce; the Community Center
and Library; and Estancia's High School class reunion. (00:17:42)
Laurene Keane, Costa Mesa, spoke regarding the 60th Anniversary; crime statistics; and
displacement of apartment tenants. (00:19:47)
Robin Leffler, Costa Mesa, spoke on public safety and police patrols; and the Charter.
(00:22:10)
Chris McEvoy, Costa Mesa, spoke regarding a political flyer; high density units; and traffic.
(00:25:12)
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 2
Teresa Drain, Costa Mesa, spoke regarding the 60th Anniversary event. (00:28:10)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:29:12)
Mayor Pro Tem Mensinger - spoke on the library; election year comments; and the police
helicopter and patrols. (00:29:12)
Council Member Genis — spoke on the scholars who were recognized by the Chamber of
Commerce; the Library Foundation event; the Harbor Lawn Memorial Day Ceremony; airport
expansion and compatibility; animal control issues; and the fire at Talbert Park. (00:32:35)
Council Member Leece — spoke on the Library Foundation event; library improvements; the dog
park; the Senior Center; the American Legion; congratulated Christian Hernandez; addressed
public comments; spoke on the enforcement of commercial vehicles parking in residential areas;
and attorney fees. (00:36:05)
Council Member Monahan — None. (00:45:29)
Mayor Righeimer — spoke on the ICSC Conference; the substation for the American Legion; the
Senior Center and the Library; airport expansion; and spoke on police patrols and hiring of
police officers. (00:45:31)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (00:53:58)
CEO Thomas Hatch spoke on the American Legion Post awards to police and fire; the Charter;
the dog park; the library; and Fire Department staffing levels.
CONSENT CALENDAR (00:55:52)
MOTION: Approve recommended actions for Consent Calendar Items Nos. 1-6.
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.
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 3
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2. READING FOLDER
a. Claims received by the City Clerk: Jorge Urbano-Miguel; Yolanda Arroyo; Dillion
Giedt; Ronald Campbell; Leonard Tovar; and Brenda Hale.
ACTION: Received and filed.
3. WARRANT RESOLUTION 2515: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-09 "A", 14-10, AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 14-09 "A" for $1,997.16, Payroll No. 14-10 for $2,097,288.29, and City
operating expenses for $2,170,529.84.
ACTION: Approved Warrant Resolution No. 2515, to be read by title only and further
reading waived.
4. A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AND THE COSTA MESA HOUSING AUTHORITY ADOPTING A BUDGET FOR THE
HOUSING AUTHORITY FOR FISCAL YEAR 2014-2015
ACTION:
City Council and Housing Authority adopted Resolution No. 14-29, to be read by title only
and waived further reading, approving the Housing Authority Budget for Housing and
Community Development (HCD) expenses for FY 14-15.
5. RESOLUTIONS RELATING TO THE CALLING OF THE GENERAL MUNICIPAL
ELECTION ON NOVEMBER 4, 2014
ACTION:
1. City Council Adopted Resolution No. 14-26, to be read by title only and waived further
reading, calling and giving notice to conduct a General Municipal Election on November
4, 2014 for the election of two members to the City Council; and
2. Adopted Resolution No. 14-27, to be read by title only and waived further reading,
requesting the Orange County Board of Supervisors to consolidate the General
Municipal Election with the Statewide General Election and to issue instruction to the
Orange County Registrar of Voters Elections Department to provide specific services in
the conduct of the consolidated election; and
3. Adopted Resolution No. 14-28, to be read by title only and waived further reading,
adopting regulations pertaining to Candidates Statements.
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 4
6. PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE FIRE STATION #4 (PLACENTIA)
RENNOVATION/ADDITION PROJECT
ACTION:
1. City Council awarded a Professional Services Agreement to IDS Group for
architectural and engineering services for the extension of the apparatus bay and the
addition of a vehicle storage building at fire station 4 in the amount of $57,820; and
2. Authorized an additional contingency appropriation of $14,000 for services which may
include AutoCAD conversion of as -built plans, geotechnical investigation, and pre -
construction destructive testing; and
3. Authorized the Mayor to execute the Professional Services Agreement.
Consensus: Public Hearing Item 1 moved to after New Business.
OLD BUSINESS — (00:57:00)
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, GRANTING APPROVAL TO ADOPT REZONE R-13-02 FOR A REZONE
(OR CHANGE) OF THE ZONING CLASSIFICATION OF THE 4.17 -ACRE
DEVELOPMENT SITE FOR THE 125 EAST BAKER APARTMENT PROJECT FROM
COMMERCIAL LIMITED (CL) TO PLANNED DEVELOPMENT RESIDENTIAL — HIGH
DENSITY (PDR -HD) AT 125 EAST BAKER STREET (00:57:10)
Public Comments:
Robin Leffler, Costa Mesa, spoke regarding the neighborhood manufacturing business.
(00:57:49)
Tamar Goldmann, Costa Mesa, spoke in support of the manufacturing business.
(01:01:10)
Council Member Leece expressed concerns on traffic and density. (01:02:52)
MOTION/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:
City Council adopted Ordinance No. 14-05, to be read by title only and waived further
reading.
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 5
2. AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, GRANTING
APPROVAL TO ADOPT ZONING CODE AMENDMENT CO -13-02 TO AMEND COSTA
MESA MUNICIPAL CODE TITLE 13 FOR A SITE-SPECIFIC DENSITY OF 58
DWELLING UNITS PER ACRE FOR THE 125 EAST BAKER APARTMENT PROJECT.
THE AMENDMENT IS PROPOSED TO THE FOLLOWING CODE SECTION IN TITLE
13 OF THE COSTA MESA MUNICIPAL CODE: TABLE 13-58 (PLANNED
DEVELOPMENT STANDARDS) TO ALLOW A SITE-SPECIFIC DENSITY OF 58
DWELLING UNITS PER ACRE FOR THIS PROJECT AT 125 EAST BAKER STREET
(01:03:44)
Public Comments:
Robin Leffler, Costa Mesa, spoke on the General Plan process. (01:04:35)
Tamar Goldmann, Costa Mesa, spoke on density and affordable housing. (01:05:40)
Kathy Esfahani, Costa Mesa, spoke on affordable housing. (01:07:25)
Mayor Pro Tem Mensinger read into the record a letter received from Todd Perkins in
support of the project. (01:16:20)
MOTION/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:
City Council adopted Ordinance No. 14-06, to be read by title only and waived further
reading.
NEW BUSINESS — (01:17:04)
1. GENERAL PLAN SCREENING GPS -14-02 FOR PROPOSED 236 -UNIT RESIDENTIAL
APARTMENT PROJECT AT 2277 HARBOR BOULEVARD (01:17:10)
Public Comments:
Donald Lamm, Applicant, spoke on the project. (01:28:12)
Harold Weitzberg, Costa Mesa, spoke on affordable housing. (01:46:00)
Beth Refakes, Costa Mesa, spoke regarding low income housing. (01:49:00)
Dianne Russell, Costa Mesa, spoke on affordable housing. (01:51:45)
Cynthia McDonald, Costa Mesa, spoke on density and park fees. (01:55:10)
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 6
Margaret Mooney, Costa Mesa, spoke on affordable housing. (01:58:20)
Mick Meldrum, Vice President, ICI Development Co., spoke in support of the project.
(01:59:20)
Kathy Esfahani, Affordable Housing Coalition, spoke regarding affordable housing.
(02:01:10)
Jay Humphrey, Costa Mesa, spoke on affordable housing and the height of the project.
(02:04:15)
Tamar Goldmann, Costa Mesa, spoke on affordable housing. (02:07:30)
Robin Leffler, Costa Mesa, spoke on density and the height of the project. (02:09:14)
Council Member Leece spoke on affordable housing. (02:12:35)
Council Member Genis spoke on traffic concerns; calls for service; high density and
economic impacts. (02:16:30)
Mayor Pro Tem Mensinger spoke regarding poor living conditions at the motel and
affordable housing. (02:20:20)
Mayor Righeimer spoke on police issues at the motel; affordable housing; and the forty
units per acre ratio. (02:27:00)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger,
and Mayor Righeimer
Nays: Council Member Genis
Absent: None
Motion carried: 4-1
ACTION:
City Council accepted the General Plan amendment request for processing to amend the
land use designation from General Commercial to Planned Development Residential
related to development of a 236 -unit apartment complex project.
ITEM • , FROM THE AGENDA
The City Council recessed for a break at 8:42 p.m.
The City Council reconvened the meeting at 8:52 p.m.
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 7
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55)- (02:48:42)
1. APPEAL OF THE REVOCATION OF PLANNING APPLICATION PA -99-09 — A
CONDITIONAL USE PERMIT ALLOWING EXTENDED OCCUPANCY ROOMS AT THE
SANDPIPER MOTEL LOCATED AT 1967 & 1977 NEWPORT BOULEVARD (02:48:50)
Council Member Monahan recused himself as lives within 500 feet of the motel, and left the
Council Chambers. (02:38:00)
City Clerk Brenda Green swore in Senior Planner Mel Lee and Code Enforcement Officer
Jonathan Neal. (02:50:59)
Report by City Prosecutor Palmer and Code Enforcement Officer Neal. (02:51:50)
Allan Calomino, Attorney representing Appellant Mike Lin, spoke. (03:58:14)
City Clerk Green swore in Appellant Mike Lin. (04:17:38)
Allan Calomino spoke and asked a series of questions to Code Enforcement Officer Neal
and Mr. Neal responded. (04:18:35)
Mike Lin, Appellant, spoke. (04:33:06)
Allan Calomino, spoke. (04:35:40)
Discussion ensued. (04:41:00)
Alan Calamino spoke and asked a series of questions to Code Enforcement Officer Neal
and Mr. Neal responded. (05:00:00)
Discussion continued. (05:07:47)
The City Council recessed for a break at 11:38 p.m. (05:33:29)
The City Council reconvened the meeting at 11:46 p.m. (05:41:48)
Public Comments:
Jean Forbath, Costa Mesa, spoke. (05:42:29)
Bob Washer, Costa Mesa, spoke. (05:44:00)
Morgan Lin, Costa Mesa, spoke. (05:47:25)
Cindy Black, Costa Mesa, spoke. (05:50:40)
Christine Nolf, Affordable Housing Coalition, spoke. (05:51:45)
Richard Pleasant, Costa Mesa, spoke. (05:53:50)
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 8
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Kathy Esfahani, Costa Mesa, spoke. (05:57:18)
Robin Leffler, Costa Mesa, spoke. (06:00:22)
MOTION: To continue the meeting past midnight. (06:03:20)
MOTION/SECOND: Mayor Pro Tem Mensinger/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: None
Recused: Council Member Monahan
Motion carried: 4-0
Tamar Goldmann, Costa Mesa, spoke. (06:03:40)
Jay Humphrey, Costa Mesa, spoke. (06:05:35)
Greg Ridge, Costa Mesa, spoke. (06:08:40)
Discussion ensued. (06:12:15)
MOTION/SECOND: Council Member Leece/Council Member Genis (06:16:10)
MOTION:
Conclude that there are insufficient findings that the Sandpiper Motel has been operated in
violation of the conditions of approval of Conditional Use Permit PA -99-09 or as a public
nuisance. The existing conditions of approval regulating the motel would remain as
originally approved.
The motion failed by the following roll call vote: (06:27:50)
Ayes: Council Member Genis and Council Member Leece
Nays: Mayor Pro Tem Mensinger and Mayor Righeimer
Absent: None
Recused: Council Member Monahan
Motion failed: 2-2
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 9
MOTION/SECOND: Mayor Righeimer/Mayor Pro Tem Mensinger (06:28:20)
MOTION:
Uphold the Planning Commission's determination that the Sandpiper Motel has been
operated in violation of the conditions of approval in Conditional Use Permit PA -99-09
and/or as a public nuisance, such that revocation of the CUP is justified; and revoke, or in
lieu of revocation, amend the conditions of the CUP.
The motion failed by the following roll call vote:
Ayes: Mayor Pro Tem Mensinger and Mayor Righeimer
Nays: Council Member Genis and Council Member Leece
Absent: None
Recused: Council Member Monahan
Motion failed: 2-2
City Attorney stated that the Planning Commission decision stands and there is no action by the
Council. (06:28:50)
ITEMS REMOVED FROM THE CONSENT CALENDAR - NONE
CONTINUTED PUBLIC COMMENTS (00:00:00)
Phillip Marx, Costa Mesa, spoke on radiation poisoning. (06:29:25)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT- To next regular meeting on June 3, 2014.
The Mayor adjour_oelthe rllpetiDg at 12:37 p.m.
WA
CITY CLERK
1
Minutes — Regular/Joint Meeting — May 20, 2014 - Page 10