HomeMy WebLinkAbout09/02/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
September 2, 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, Mayor Pro Tem Mensinger, Council
Member Leece, Council Member Genis (arrived at 4:35
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 City Employee
Association (CMCEA), pursuant to California Government Code Section 54957.6.
2. Conference with legal counsel – potential litigation: Significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2) for two potential cases.
City Clerk Brenda Green announced on Closed Session item 2: "One case is in the
matter of the administrative proceeding regarding Dan Joyce."
3. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organizations: Costa Mesa Police
Management Association (CMPMA) pursuant to California Government Code
Section 54957.6
4. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Employee Organizations: Costa Mesa Fire Fighters
Management Association pursuant to California Government Code Section 54957.6
5. Conference with legal counsel regarding existing litigation: Larry and Pamela Olsen
v. City of Costa Mesa, a municipal corporation, et al., United States District Court—
Southern District of California, San Diego, (Federal Court), Case No. 08-CV-2035-
JAH-BLM, pursuant to California Government Code Section 54956.9(a).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:20)
PLEDGE OF ALLEGIANCE (00:00:32) – Led by Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:0:51)
Pastor Phil Wood, Redemption Church
ROLL CALL (00:02:18)
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, Deputy City Attorney
Richard Adams, 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 (00:02:34)
City Attorney Duarte reported on Closed Session item number 5:
(5-0 vote) — City Council agreed to pay plaintiffs $349,000 and in return plaintiffs agreed
to release all claims.
Chief Negotiator Richard Kreisler reported on Closed Session item number 2:
(00:03:05)
Mr. Kreisler stated, "Pursuant to Government Code Section 54956.9(d)(2) the City
Council heard the matter where there was significant exposure to litigation in the
pending matter of Dan Joyce. The City Council voted unanimously to accept a
settlement offer by Dan Joyce to resolve pending administrative and civil litigation
between Mr. Joyce and the City in the amount of $170,225.00 in exchange for a release
of all claims."
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
None
ANNOUNCEMENTS (00:03:43)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:05:22)
Costa Mesa Foundation Presentation by Mr. Jason Werner, Vice President, Costa
Mesa Foundation, Concert in the Parks Chairman
Minutes — Regular Meeting — September 2, 2014 - Page 2
1
PUBLIC COMMENTS (00:09:32)
Greg Tunnell, Costa Mesa, spoke regarding manners and social interactions.
(00:10:43)
James H. Bridges, Costa Mesa, spoke regarding the Charter. (00:14:01)
Harold Weitzberg, Costa Mesa, spoke regarding ethical behavior; and
microaggressions. (00:15:22)
Ms. Drain, Costa Mesa, requested an independent forensic audit of the 60th
Anniversary event. (00:18:40)
Tamar Goldmann, Costa Mesa, spoke regarding parking concerns and development
projects. (00:21:53)
J. Paul Wilson, Costa Mesa, spoke about sober living homes and the over saturation in
residential neighborhoods. (00:23:51)
Robin Leffler, Costa Mesa, spoke regarding words spoken at a candidate endorsement
meeting; and read a letter submitted to the editor of the Daily Pilot regarding the
Charter. (00:26:55)
Noel Perkins, Costa Mesa, spoke about sober living homes and a plan of action.
(00:29:32)
Cindy Black, Costa Mesa, spoke on the Mesa Verde Community Forum. (00:31:43)
Speaker, spoke regarding legal expenses. (00:33:26)
Joy Williams, Costa Mesa, spoke regarding the drought and fires. (00:36:51)
COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:39:46)
Council Member Genis thanked the Costa Mesa Foundation for their work; spoke
regarding campaign signs; taping of the eastside candidate forum; and annual review of
city attorney services. (00:39:54)
Council Member Leece spoke regarding the September 19th Special Closed Session on
the Police Association contract; spoke on fireworks and reviewing the policy; group
homes; mosquitos and the West Nile virus; the Great Reach meeting; and the Orange
Coast College Community Meeting on September 9th. (00:42:49)
Council Member Monahan spoke regarding comments made regarding Harold
Weitzberg's name. (00:54:36)
Minutes — Regular Meeting — September 2, 2014 - Page 3
Mayor Righeimer spoke regarding the 60th Anniversary audit; the taping of the Eastside
candidate forum; campaign contributions; group homes and impacts and the Newport
Beach lawsuit; legal expenses in regards to group homes; parking standards and using
garages for storage. (00:55:23)
Mayor Pro Tem Mensinger spoke on safe and sane fireworks and illegal fireworks;
water conservation; and statements made regarding Harold Weitzberg's name.
(01:06:26)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:15:10)
CEO Hatch welcomed new Deputy City Clerk Michael Dunn; welcomed back Claire
Flynn, Assistant Community Development Services Director; and welcomed Jerry
Guarracino who will be managing a team related to Group homes and problem
properties; spoke on Group homes and how to report problems; spoke on the status of
the G4S Jail operations and transition of current employees; spoke regarding the taping
of the Eastside candidate forum; Talbert Regional Park public meeting on September
10th; announced the Orange Coast College Community Meeting on September 9th; and
spoke on the 60th Anniversary event, audits and reforms.
CONSENT CALENDAR (01:30:59)
MOTION: Approved recommended actions for Consent Calendar Item Nos. 1 through 8
except for item nos. 3, 7, and 8.
MOVED/SECOND: Council Member Leece/Council Member Genis
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: Holly Eck; Ivin Mood; Mohammad
Tavassol; Kathy O'Neill; Elvia Jimenez; Kendra Sturgeon; and Igor Pereira.
ACTION: Received and filed.
Minutes — Regular Meeting — September 2, 2014 - Page 4
4. EAST SIDE STREET IMPROVEMENT PROJECT, CITY PROJECT NO. 12-05
ACTION:
1. City Council accepted the work performed by All American Asphalt 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. RENEW PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT/HOME CONTRACT STAFF
ACTION:
City Council authorized the City's Chief Executive Officer (CEO) to enter into a
one year Professional Services Agreement with Mike Linares, Inc., in an amount
not to exceed $85,000 per fiscal year, with the option to renew for up to four one
year periods.
6. MINUTES
ACTION:
City Council approved the minutes of the Regular Meeting of the City Council
and Successor Agency of March 18, 2014 and June 3, 2014.
Minutes — Regular Meeting — September 2, 2014 - Page 5
PUBLIC HEARINGS — (01:32:34)
1. TEFRA HEARING FOR WHITTIER COLLEGE PROJECT (01:32:30)
Staff report by Colleen O'Donoghue, Assistant Finance Director. (01:32:35)
MOVED/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 conducted a Public Hearing, as required by the Tax and Equity
Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code, for the
financing by the California Municipal Finance Authority (CMFA) of various
improvements and capital projects on the Whittier College campus located at
3333 Harbor Blvd in the City; and
2. Adopted Resolution No. 14-52, to be read by title only and waived further
reading, to become a member of the CMFA and approve the issuance of a
loan by the CMFA for the benefit of Whittier College to provide for the
financing of the Project; and
3. Authorized the CEO to execute the Joint Powers Agreement of the CMFA.
2. SECOND READING FOR THE PRE -ZONING AND PROPERTY TAX
EXCHANGE AGREEMENT FOR THE SANTA ANA/COLLEEN ISLAND
ANNEXATION (01:33:50)
Staff report by Margaret Chang, Management Analyst. (01:34:50)
Council Member Monahan spoke on not supporting the 6,600 square ft.
minimum lot size. (01:38:00)
Public Comments:
Tim Huth, representing owners on Santa Ana and 22nd street, spoke in support
of the R-1 6,000 minimum square ft. lot size. (01:41:15)
Ken Defeo, Costa Mesa, supports the 25 feet rear yard setbacks; and spoke on
developer campaign contributions. (01:45:20)
Liz Parker, Costa Mesa, spoke regarding the process of county and city zoning;
and supports keeping the zoning the same. (01:48:24)
Minutes — Regular Meeting — September 2, 2014 - Page 6
Jay Humphrey, Costa Mesa, spoke regarding property rights; and zoning
surrounding the property owners. (01:51:10)
Jonathan Fletcher, Costa Mesa, spoke in support of having 7,200 minimum
square ft. lot size and 25 ft. rear yard setbacks; and read a quote. (01:53:10)
Robin. Leffler, Costa Mesa, spoke regarding neighborhood integrity and
preservation of the neighborhood and zoning; asked if Council Member
Monahan should recuse himself. (01:55:40)
Joseph Rink, Costa Mesa, supports the 25 ft. rear yard setbacks and 7,200
minimum square ft. lot size. (01:58:00)
Gay Royer, Costa Mesa, supports maintaining the 25 square ft. setbacks and
7,200 minimum square ft. lot size. (02:00:00)
Joanne Perler, Costa Mesa, submitted a letter to Council; spoke regarding a
common shared driveway; and spoke in support of the 7,200 minimum square ft.
lot size. (02:01:45)
Richard Alexander, Costa Mesa, supports the 7,200 minimum square ft. lot size;
spoke regarding property tax valves and a representative government. (02:06:50)
Ernie Gallard, Irvine, representing the developer, spoke to the easement
agreement and ability to subdivide; and spoke in support of the 6,000 minimum
square ft. lot size. (02:08:50)
Speaker, spoke against developer variances and is in support of large lots.
(02:12:35)
Chris Gray, Costa Mesa, supports the 6,000 square ft. lot size. (02:13:20)
Keith Palmer, Architect for the project developer, spoke on setbacks; and
Northside Homes and density. (02:14:10)
Peter Naghavi, San Clemente, spoke on behalf of the developer, spoke on
working with staff and residents on planning the project; the minimum lot size;
setbacks for the North homes; and requested a 6,000 minimum square ft. lot
size. (02:20:30)
Anna Vrska, Costa Mesa, supports a 7,200 minimum square ft. lot size; and
does not support variances and changing setbacks. (02:25:10)
Mayor Righeimer spoke regarding setbacks and zoning on the project.
(02:25:50)
Council Member Leece expressed support for county standards of 7,200
minimum square ft. lot sizes and 25 ft. minimum setbacks. (02:29:00)
Minutes — Regular Meeting — September 2, 2014 - Page 7
Council Member Genis spoke regarding setbacks. (02:30:40)
Jerry Guarracino, Assistant Director Community Improvement Division, clarified
the County's general plan designation for the site allows for a density of .5
dwelling units to the acre, up to 18 dwelling units to the acre and Costa Mesa's
general plan designation is currently medium density residential which would
allow up to 12 dwelling units to the acre. (02:33:01)
Discussion ensued regarding the easement and setbacks. (02:35:10)
Council Member Genis spoke to not supporting the 6,000 square ft. minimum lot
size. (02:39:20)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(02:46:10)
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 conducted the Public Hearing; and
2. Adopted Resolution No. 14-53, to be read by title only and waived further
reading, for the Property Tax Exchange Agreement between the City of Costa
Mesa and the County of Orange.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
(02:46:30)
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor
Righeimer
Nays: Council Member Genis, Council Member Leece
Absent: None
Motion carried: 3-2
3. City Council gave first reading to Ordinance No. 14-07, to be read by title only
and waived further reading, to rezone the Santa Ana/Colleen Annexation
Area to R1 — 6,000 square foot minimum size.
Discussion ensued on bringing back a separate Ordinance for the north lot
setbacks. (02:47:10)
City Council recessed for a break at 8:49 p.m.
City Council reconvened the meeting at 9:01 p.m.
Minutes — Regular Meeting — September 2, 2014 - Page 8
3. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC
HEARING OF THE ADOPTION OF THE 2013-2016 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE
COSTA MESA CITY EMPLOYEES ASSOCIATION (CMCEA) (03:00:57)
Staff report provided by Richard Kreisler, City Chief Negotiator. Mr. Kreisler
provided a slide presentation on the changes in the MOU. (03:01:20)
Discussion ensued regarding the cost savings and annual employee reviews.
(03:30:00)
Public Comments:
Jay Humphrey, Costa Mesa, spoke regarding oppressive governments and
transparency. (03:35:00)
Greg Tunnell, Costa Mesa, spoke regarding ex -parte communications; contracts;
and supports the cost savings. (03:36:18)
Robin Leffler, Costa Mesa, spoke regarding ex -parte communications; supports
the cost savings; and concern with Costa Mesa hiring the best and brightest.
(03:40:10)
Tamar Goldmann, Costa Mesa, spoke regarding negotiations; and an article in
the OC Register. (03:40:50)
Discussion ensued regarding the COIN process, transparency and ex -parte
communications. (03:44:05)
ACTION:
1. City Council conducted the first Public Hearing as required by COIN; and
2. Scheduled the second and final Public Hearing as required by COIN for
September 16th, 2014.
OLD BUSINESS - NONE
NEW BUSINESS (03:53:46)
1. ARCHITECTUAL AND CONCEPTUAL DESIGN SERVICES FOR THE
EVENTUAL REPLACEMENT OF FIRE STATION 1 AND FIRE STATION 2
(03:53:54)
Report provided by Thomas Hatch, CEO. (03:54:10)
Discussion ensued regarding the poor conditions of the stations; hiring a
consultant for a needs assessment; and location of fire stations. (03:56:14)
Minutes — Regular Meeting — September 2, 2014 - Page 9
Public Comments:
Beth Refakes, Costa Mesa, spoke regarding location of fire stations and
financing considerations. (04:09:20)
Robin Leffler, Costa Mesa, supports upgrading stations but is concerned with
bond indebtedness. (04:12:00)
Discussion regarding replacement and rehabilitation. (04:13:45)
MOVED/SECOND: Council Member Genis/Mayor Pro Tem Mensinger
(04:20:00)
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 directed staff to proceed with the hiring of an architectural firm to
provide conceptual development for the replacement of fire station 1 and fire
station 2.
ITEMS REMOVED FROM THE CONSENT CALENDAR (04:20:15)
3. WARRANT RESOLUTION 2521: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-15 "A", 14-16,
14-16 "A", AND 14-17, AND SPECIFYING THE FUNDS OUT OF WHICH THE
SAME ARE TO BE PAID, funding Payroll No.14-15 "A" for $592.92, Payroll
No.14-16 for $2,122,411.38, Payroll No. 14-16 "A" for $-10.96, and Payroll
No.14-17 for $2,153,995.47 and City operating expenses for $4,700,208.19
(04:20:25)
Public Comments:
Tamar Goldmann, Costa Mesa, spoke regarding city expenses. (04:20:45)
Anna Vrska, Costa Mesa, spoke regarding city expenses and transparency.
(04:23:53)
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
Minutes — Regular Meeting — September 2, 2014 - Page 10
Absent: None
Motion carried: 5-0
ACTION: Approved Warrant Resolution No. 2521, to be read by title only and
further reading waived.
7. POLICE RESERVE OFFICER — SALARY ADJUSTMENT (04:28:44)
Discussion ensued regarding the structure of the reserve program and the new
part-time position. (04:28:53)
Public Comments:
Tamar Goldmann, Costa Mesa, supports the $38.00 dollars per hour. (04:45:15)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member 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. 14-54, to be read by title only and waived
further reading, which amends Resolution No. 12-49 by revising the salary range
for the Police Reserve Officer classification, and approving a new hourly rate of
$38.00.
8. PROFESSIONAL SERVICES CONTRACT EXTENSION FOR LILLEY
PLANNING CONSULTANTS (04:46:34)
Discussion ensued regarding consulting and addition of full time positions.
(04:46:50)
Public Comments:
Tamar Goldmann, Costa Mesa, spoke regarding the costs of outsourcing.
(04:53:20)
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 — September 2, 2014 - Page 11
1
ACTION:
1. City Council authorized the extension to the existing Professional Services
Agreement extension with the Lilley Group, for interim staffing assistance, in
an amount not to exceed $225,000; and
2. Authorized the City Chief Executive Officer to sign the amended
Professional Services Agreement with the Lilley Planning Group.
CONTINUED PUBLIC COMMENTS (04:56:44)
Jay Humphrey, Costa Mesa, spoke on the Neighborhood Task Force; taping of the
eastside forum; outsourcing; and police officer applications. (04:56:49)
Cindy Black, Costa Mesa, spoke regarding Council Chamber upgrades; and the
Mayor's campaign contributions. (05:00:50)
Beth Refakes, Costa Mesa, spoke regarding the Costa Mesa Military Affairs
Committee; the collection of ball gowns; and the signal pre-emption in the downtown
area. (05:04:50)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT The yor and City Council adjourned the meeting at 11:08 p.m.
MAYO
CITY CLERK -
Minutes — Regular Meeting — September 2, 2014 - Page 12