HomeMy WebLinkAbout07/15/2014 - City Council - Successor Agency - Redevelopment Agency1
MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
July 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 (arrived at 5:02
p.m.), and Council Member Monahan (arrived at 5:15 p.m.)
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE
CLOSED SESSION
The City Council recessed into closed session at 5:05 p.m. to consider the following
items.
1. Conference with legal counsel — potential litigation: Significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2) for two potential cases.
2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organizations: Costa Mesa Police
Management Association (CMPMA) pursuant to 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
Management Association, pursuant to California Government Code Section
54957.6.
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:12)
PLEDGE OF ALLEGIANCE (00:00:38) — Led by Mayor Righeimer
MOMENT OF SOLEMN EXPRESSION (00:01:01)
Father Moushegh Tashjian, St. Mary Armenian Church
Minutes — Regular Meeting — July 15, 2014 - Page 1
ROLL CALL
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 — NONE - (00:04:58)
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:05:03)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:07:18)
Kelly Vucinic, National Night Out event
Mayor's Cup presentation to Costa Mesa American Little League and Costa Mesa
National Little League teams
PUBLIC COMMENTS (00:20:32)
Al Melone, Costa Mesa, spoke regarding maintenance at the dog park. (00:21:14)
Sue Lester, Costa Mesa, spoke regarding medical marijuana initiatives. (00:24:30)
James H. Bridges, Costa Mesa, spoke regarding the Pension Oversight Committee and
Charter Committee appointment process.(00:28:21)
Cindy Brenneman, Costa Mesa, spoke regarding the medical marijuana initiatives; the
First Friday Road Show; the OC Fair; KaBOOM! playground at Shalimar Park; and
addressing the audience. (00:31:43)
Robert Graham, Costa Mesa, spoke regarding EI Nino rains and effects on Fairview
Park bluffs. (00:34:47)
Minutes — Regular Meeting — July 15, 2014 - Page 2
Tom Pollitt, Costa Mesa, spoke regarding leadership and civility during the election
season; commended city workers for cleaning up a fallen tree; and encouraged learning
about Common Core. (00:37:13)
Spencer Richley, Costa Mesa, spoke regarding his new business, Boxfli. (00:39:21)
Chuck Perry, Costa Mesa, spoke regarding positive developments and improvements in
the City; and a Veterans' Hall. (00:41:00)
Teresa Drain, Costa Mesa, spoke regarding a forensic audit on the 60th Anniversary
event; Costa Mesa singer Madasen McGrath; and Municipal Code Section 2-106.
(00:43:19)
Robin Leffler, Costa Mesa, spoke regarding developments in the City; parking concerns;
light and shade; and entitlements to developers. (00:46:02)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:49:17)
Mayor Righeimer spoke regarding KaBOOM! at Shalimar Park; Mr. Irrelevant football
event; Westside overlay and developments; medical marijuana initiatives; and
announced that the meeting will be adjourned in memory of Ben Carlson. (00:49:24)
Mayor Pro Tem Mensinger spoke regarding Camp Costa Mesa; Mr. Irrelevant football
event; golf course entrance improvements; improvements and developments in the city;
a Veterans' Hall; and improvements at the fire stations. (00:57:03)
Council Member Genis spoke regarding the OC Fair and parking; development on
Tustin Avenue; Camp Costa Mesa; a Veterans' Hall; and medical marijuana initiatives.
(01:01:21)
Council Member Leece spoke regarding medical marijuana initiatives; Boxfli; KaBOOM!
event at Shalimar Park; upcoming Great Reach Community Workshop; developments in
the City; OC Vector Control District; the Asian Tiger mosquito and the West Nile Virus;
fireworks; Police Association negotiations; and Municipal Code Section 2-106.
(01:04:19)
Council Member Monahan spoke regarding the upcoming Costa Mesa Chamber of
Commerce golf tournament; and announced the Newport -Mesa Girls Fastpitch Softball
team has made it to the Midwest regionals. (01:16:05)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:17:20)
CEO Hatch spoke about the KaBOOM! event at Shalimar Park; fireworks; the Senior
Center's 4th of July event; Orange Coast College Master Plan program; a Veterans' Hall;
and parking impacts due to the OC Fair.
Minutes — Regular Meeting — July 15, 2014 - Page 3
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Economic and Development Services Director Gary Armstrong provided an update
regarding Orange Coast College's development and impacts.
CONSENT CALENDAR: (01:26:42)
MOTION: Approved recommended actions for Consent Calendar Items Nos. 1 through
8 except for Item No. 6.
MOVED/SECOND: Council Member Leece/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council
Member Leece, and Council Member Monahan.
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: Rafael Cortes; and Greg Fournier.
ACTION: Received and filed.
3. WARRANT RESOLUTION 2519: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-13 "A", 14-14
AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding Payroll No. 14-13 "A" for $2.02, Payroll No. 14-14 for
$2,083,410.02, and City operating expenses for $2,559,897.82.
ACTION: Approved Warrant Resolution No. 2519, to be read by title only and
further reading waived.
Minutes — Regular Meeting — July 15, 2014 - Page 4
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4. RED HILL AVENUE REHABILITATION PROJECT (FROM BRISTOL STREET
TO PAULARINO AVENUE), CITY PROJECT NO. 13-02
ACTION:
1. City Council accepted the work performed by R.J. Noble Company and
authorized 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. HARBOR BOULEVARD WIDENING FROM SOUTH COAST DRIVE TO
SUNFLOWER AVENUE — CONSTRUCTION MANAGEMENT AND
INSPECTION SUPPORT SERVICES
ACTION:
1. City Council awarded a Professional Services Contract for an amount not to
exceed $120,364 to CivilSource, Inc., 9890 Irvine Center Drive, Irvine, CA
92618, for Construction Management and Inspection Support Services for the
Harbor Boulevard Widening project; and
2. Authorized the Mayor and the City Clerk to execute the Professional Services
Agreement.
7. APPROVE THE PURCHASE REQUEST FOR THE REPLACEMENT AND
INSTALLATION OF OUTDOOR DUTY LOCKERS PURSUANT TO THE
TERMS OF THE PROFESSIONAL SERVICE AGREEMENT WITH OLPIN
ACTION:
City Council approved and authorized the CEO to sign the Professional
Services Agreement for the Replacement and Installation of Outdoor Duty
Lockers with Olpin Group, Inc., 3520 E. Enterprise Drive, Anaheim, CA 92807 in
the amount of $82,761.36, including tax; and
2. Approved Budget Adjustment #15-002 for the appropriation of Narcotics
Asset Forfeiture Fund undesignated funds in the amount of $82,761.36 for the
purchase of duty lockers.
Minutes — Regular Meeting — July 15, 2014 - Page 5
8. AWARD CONTRACT FOR ANNUAL TRANSIENT OCCUPANCY TAX AUDIT
SERVICES
ACTION:
1. City Council awarded contract for annual transient occupancy tax audit
services for fiscal years 2014, 2015 and 2016 to Mayer Hoffman McCann,
P.C., in the total amount of $58,500 with an option to extend the contract in
one-year periods, for a minimum of two fiscal years; and
2. Authorized City Chief Executive Officer to sign and execute a professional
services agreement with the selected audit firm.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55)
The Mayor made a request to consider Public Hearing Item No. 4 out of order.
4. SECOND READING FOR THE PRE -ZONING AND PROPERTY TAX
EXCHANGE AGREEMENT FOR THE SANTA ANAICOLLEEN ISLAND
ANNEXATION (01:27:02)
MOTION: Continue the item to a future meeting.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Mayor Righeimer requested for developers, owners, and staff meet on this item.
(01:28:00)
Public Comments:
Speaker inquired on a meeting and setbacks. (01:30:30)
Robin Leffler, Costa Mesa, spoke on public speaking on this issue. (01:32:00)
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis,
Council Member Leece, and Council Member Monahan.
Nays: None
Absent: None
Motion carried: 5-0
1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR
DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS (01:32:55)
Staff report provided by Colleen O'Donoghue, Assistant Finance Director.
(01:33:33)
Minutes — Regular Meeting — July 15, 2014 - Page 6
Discussion ensued regarding the property tax assessment and citation process.
(01:35:50)
Public Comments:
Sue Lester, Costa Mesa, thanked and complimented Code Enforcement staff,
and spoke about municipal code violations. (01:49:09)
Sheila Pfafflin, Costa Mesa, expressed concerns regarding tax lien and special
precautions for seniors; and spoke on efficient water use. (01:50:33)
Beth Refakes, Costa Mesa, spoke regarding Habitat for Humanity assistance.
(01:52:58)
David Balough, Costa Mesa, spoke about his case. (01:53:50)
Robin Leffler, Costa Mesa, expressed concern regarding Code Enforcement and
the lack of personal contact with the public. (01:56:09)
MOTION: Adopt Resolution No. 14-47, to be read by title only and waived further
reading, entitled "A Resolution of the City Council of the City of Costa Mesa
certifying Special Assessments for Collection of Delinquent Civil Citations for
Municipal Code Violations."
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
SUBSTITUTE MOTION: Adopt Resolution No. 14-47, to be read by title only and
waived further reading, entitled "A Resolution of the City Council of the City of
Costa Mesa certifying Special Assessments for Collection of Delinquent Civil
Citations for Municipal Code Violations"; and remove Item No. 6. (01:59:20)
Council Member Monahan withdrew his original motion. (01:59:50)
MOVED/SECOND: Mayor Righeimer/Council Member Monahan
Council Member Leece suggested including a flyer with assistance information.
(02:00:20)
Council Member Genis expressed concern with using public monies to fix some
parkways, and fining others who do not fix their parkways. (02:02:10)
The substitute motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and
Council Member Monahan.
Nays: Council Member Genis.
Absent: None
Motion carried: 4-1
Minutes — Regular Meeting — July 15, 2014 - Page 7
2. PUBLIC HEARING FOR THE VACATION OF A PORTION OF SUPERIOR
AVENUE AT 1677 SUPERIOR AVENUE (02:04:16)
Staff report provided by Ernesto Munoz, Public Services Director. (02:04:20)
Council Member Genis expressed concern with the tract map not being recorded.
(02:06:55)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis,
Council Member Leece, and Council Member Monahan.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council adopted Resolution No. 14-48, to be read by title only and
waived further reading, ordering the vacation of a portion of Superior Avenue
Right -Of -Way at 1677 Superior Avenue; and
2. Authorized execution of the Quit Claim Deed by the Mayor and the City Clerk;
and
3. Authorized the Street Vacation effective date is upon recordation of tract map.
3. GENERAL PLAN AMENDMENT GP -14-01 / LOT LINE ADJUSTMENT LL -14-
03 LOCATED AT 320 E. 18TH STREET (02:08:45)
Staff report provided by Minoo Ashabi, Senior Planner. (02:09:50)
Discussion ensued regarding a request from Howard Banghausen on
entitlements, floor area rations, and parking; and occupancy limits. (02:14:50)
Public Comments:
Beth Refakes, Costa Mesa, spoke in support of the application; and expressed
concerns regarding parking issues; striping; floor plan; and ratios. (02:18:20)
Susan McDowell, consultant for RSI Homes, spoke on conditions of approval
regarding parking and the Master Plan Amendment. (00:22:50)
Discussion ensued on the Master Plan Amendment, and reasons for not
continuing the item. (02:24:30)
Minutes — Regular Meeting — July 15, 2014 - Page 8
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis,
Council Member Leece, and Council Member Monahan.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council found that the Project is exempt from the provisions of the
California Environmental Quality Act (CEQA), under Section 15061(b)(3) —
General Rule; and
2. Adopted Resolution No. 14-49, to be read by title only and waived further
reading, for General Plan Amendment GP -14-01, pending approval as part of
future General Plan Cycle to change the land use designation of a 16 -foot by
63 -foot strip of land (1,009 Sq. Ft) within an existing church site from
Public/Institutional to Medium Density Residential and approving Lot Line
Adjustment LL -14-03 to move the rear property line to the north by 16 feet for
future residential development, subject to conditions; and
3. Introduced Ordinance No. 14-10 for first reading, to be read by title only and
waived further reading, approving Rezone R-14-01, of a 16 -foot by 63 -foot
strip of land within an existing church site from I&R (Institutional and
Recreational District) to R2 -MD (Multiple Family Residential — Medium
Density District); and
4. Removed the condition of approval stating, "An amendment to the Master
Development Plan for the Lighthouse Coastal Community Church shall be
submitted for review that reflects the current conditions of the site and church
sanctuary."
5. CODE AMENDMENT CO -13-03 TO TITLE 13, CHAPTER IX, ARTICLE 8
GOVERNING MOTELS (02:32:05)
Staff report by Mel Lee, Senior Planner; Yolanda Summerhill, Deputy City
Attorney; and Jerry Guarracino, Interim Assistant Development Services Director.
(02:33:10)
Discussion ensued regarding electrical and building code requirements;
temporary and long-term stays; square footage; on-site laundry services and
security boxes; single room occupancy policy; affordability standards and
affordable housing; long-term stay requirements; Regional Housing Needs
Allocation and the number of affordable units required in the Housing Element;
and health standards. (02:41:55)
Minutes — Regular Meeting — July 15, 2014 - Page 9
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Public Comments:
Harold Weitzberg, Costa Mesa, spoke on health standards. (03:08:41)
Zeenat Hassan, Public Law Center attorney, spoke in opposition to the
Ordinance. (03:10:48)
Sheila Pfafflin, Costa Mesa, spoke about property being taken illegally, and last -
resort housing. (03:12:02)
Kathy Esfahani, Costa Mesa Affordable Housing Coalition member, spoke in
opposition to the Ordinance. (03:14:19)
Andrea Marr, Costa Mesa Affordable Housing Coalition member, spoke in
opposition to the Ordinance. (03:18:00)
Linda Tang, representing Kennedy Commission, spoke in opposition to
eliminating long-term stays in motels, and requested that Program 12 of the
2008-2014 Housing Element be reinstated. (03:19:21)
Speaker, Costa Mesa, spoke in opposition to the Ordinance. (03:22:34)
Jean Forbath, Costa Mesa Affordable Housing Coalition member, spoke in
opposition to the Ordinance. (03:23:44)
Robin Leffler, Costa Mesa, spoke in opposition to the Ordinance. (03:26:12)
SUBSTITUTE MOTION: To continue item and request staff bring back a request
for a moratorium.
MOTION/SECOND: Council Member Leece/Council Member Genis
The motion failed by the following roll call vote:
Ayes: Council Member Genis, and Council Member Leece
Nays: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member
Monahan
Absent: None
Motion failed: 2-3
The original 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
Minutes — Regular Meeting — July 15, 2014 - Page 10
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MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
ACTION:
City Council found that the proposed ordinance is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General
Rule) of CEQA because there is no possibility that the proposed amendment to
the Zoning Code will have a significant effect on the environment; and introduce
Ordinance No. 14-11 for first reading, to be read by title only and waived further
reading, regarding Code Amendment CO -13-03 to Title 13, Chapter IX, Article 8
Governing Motels.
OLD BUSINESS
1. AN ORDINANCE OF THE CITY OF COSTA MESA REPEALING AND
REPLACING COSTA MESA MUNICIPAL CODE SECTION 11-15 RELATING
TO REWARDS FOR INFORMATION LEADING TO THE ARREST AND
CONVICTION OF PERSONS VANDALIZING PRIVATE PROPERTY (03:38:00)
MOVED/SECOND: Council Member Monahan/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis,
Council Member Leece, and Council Member Monahan.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council gave second reading and adopted Ordinance No. 14-08, to be read
by title only and waived further reading, regarding rewards for information leading
to the apprehension of individuals who damage property.
2. SECOND READING OF THE ORDINANCE AMENDING SECTION 2-61
RELATING TO CONDUCT WHILE ADDRESSING THE CITY COUNCIL AND
ADDING SECTION 2-87 (SEVERABILITY) (03:38:45)
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and
Council Member Monahan.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
Minutes — Regular Meeting — July 15, 2014 - Page 11
ACTION:
City Council gave second reading and adopted Ordinance No. 14-09, to be read
by title only and waived further reading.
NEW BUSINESS - NONE
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. SAFE TRANSIT STOPS PROGRAM APPLICATIONS (03:40:44)
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:
City Council adopted Resolution No. 14-50, to be read by title only and waived
further reading, approving the submittal of a grant funding application for three
(3) bus stop improvement projects under the Orange County Transportation
Authority's (OCTA) Measure M2 Project W — Safe Transit Stops Program.
CONTINUED PUBLIC COMMENTS - NONE
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE
REPORT — CITY ATTORNEY - NONE
The Mayor adjourned the meeting at 9:42 p.m. in memory of Ben Carlson.
Stephen M. Messinger, Mayor
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Brenda__Green, c
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Clerk
Minutes — Regular Meeting — July 15, 2014 - Page 12