HomeMy WebLinkAbout01/06/2015 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
January 6, 2015
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 Mensinger, Mayor Pro Tem Righeimer, Council
Member Foley, 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 5:01 p.m. to consider the following
items:
1. 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).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:36)
PLEDGE OF ALLEGIANCE (00:00:49) — Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:01:18)
Pastor David Manne, Calvary Chapel
ROLL CALL
Present: Mayor Mensinger, Mayor Pro Tem Righeimer, Council Member Foley,
Council Member Genis and Council Member Monahan
Absent: None
Minutes — Regular Meeting — January 6, 2015 - Page 1
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 (00:03:00)
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:03:09)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:05:25)
Mayor Mensinger presented the Mayor's Award to Harlan Andersen. (00:05:36)
Mayor Mensinger presented the Mayor's Award to Clayton Peterson of Boathouse
Collective. (00:12:12)
PUBLIC COMMENTS (00:18:20)
Tom Pollitt, Costa Mesa, spoke on the lawsuit with the Police Department; and
recommended an investigation to be conducted. (00:39:28)
John W. Goddard, Costa Mesa, invited residents to visit the newly refinished Senior
Center. (00:22:21)
Resident #3, Costa Mesa, requested the City provide quarterly reports in regards to
Economic Development Plan for the City; and discussed pension liabilities. (00:23:55)
Barrie Fisher, Costa Mesa, spoke on the Costa Mesa connect application; and a
neighborhood tenant parking issue. (00:26:28)
Gay Royer, Costa Mesa, spoke on the increased traffic congestion at night; and asked
everyone to support Police Officers by placing a blue light outside their house.
(00:28:57)
Ken Nyquist, Joshua Tree, congratulated Mayor Mensinger, Mayor Pro Tem Righeimer
and Council Member Foley on win. (00:30:17)
Chuck Perry, Costa Mesa, congratulated Mayor Mensinger, Mayor Pro Tem Righeimer
and Council Member Foley on win; discussed traffic within the City; and discussed
damaged roads that need to be resurfaced. (00:31:19)
Minutes — Regular Meeting — January 6, 2015 - Page 2
1
Greg Tunnell, Costa Mesa, read an excerpt from the Bible. (00:32:54)
Robin Leffler, Costa Mesa, announced January 9, 2015 is National Law Enforcement
Appreciation Day asked that everyone wear or display Blue in their honor. (00:36:03)
Cindy Black, Costa Mesa, spoke on the BoatHouse Collective and the granite path in
Fairview Park investigation. (00:37:49)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:41:04)
Council Member Genis reminded everyone the deadline to apply for Planning, Senior
and/or Parks Recreation Commission is Wednesday, January 7, 2015 at 5:00 p.m.;
noted the Comprehensive Annual Financial Report has been released; invited residents
to attend Fairview Park Committee meeting Wednesday, January 7, 2015 at 6:00 p.m.;
and discussed union responsibilities. (00:41:11)
Council Member Monahan wished Mayor Mensinger a Happy Birthday. (00:44:15)
Mayor Pro Tem Righeimer spoke on the General Plan; the RFP for the library; the
continued road work; and invited residents to visit the newly renovated Senior Center.
(00:44:30)
Mayor Mensinger announced the retirement party January 8, 2014 at 5:30 p.m. for Ed
Fawcett at Monahan's Restaurant; and announced the Mesa Verde Classic Golf
Tournament. (00:47:01)
Council Member Foley requested CEO Mr. Hatch to schedule a study session on Fire
Department staffing and operations; requested more information on the Teen Cert
Academy; discussed Newport Blvd. roads and requested the inclusion of more
sidewalks; requested updates from the District regarding Costa Mesa school academies
and application process; requested a day long retreat with neighboring agencies to
discuss priorities for their governing body; and reminded the public about the deadline
to apply for the Planning, Parks and Recreation and/or Senior Commissions. (00:47:52)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (00:52:30)
CEO Hatch spoke on the success of the Snoopy House event and the RFP for the
library architect.
Minutes — Regular Meeting — January 6, 2015 - Page 3
CONSENT CALENDAR (00:54:47)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8
except for Items 4, 6 and 7.
MOVED/SECOND: Mayor Pro Tem Righeimer /Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger.
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
Approved and Adopted of Same by Reading Title Only.
2. READING FOLDER
a. Claims Received by the City Clerk: Vivanco Alfredo, Scott Orchard, All State
Insurance — A/S/O John Ordaz and Joshua Sarinana.
ACTION:
Received and Filed.
3. WARRANT RESOLUTION NO. 2527 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-24 "A" FOR
($-1,807.64) AND 14-25 for $2,064,647.87; AND CITY OPERATING
EXPENSES FOR $4,718.087.24; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID
ACTION:
Approved Warrant Resolution No. 2527, to be Read by Title Only and Further
Reading Waived.
5. MINUTES
ACTION:
City Council Approved the Minutes of the Regular Meeting of the Costa Mesa
City Council, and Successor Agency of: February 7, 2012, March 19, 2013, June
18, 2013 and November 18, 2014.
Minutes — Regular Meeting — January 6, 2015 - Page 4
8. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT
PERMIT NO. PS13-00245 FOR PARKWAY IMPROVEMENTS AT 1036 AND
1042 W. 18TH STREET
ACTION:
City Council Authorized the Release and Refund of Cash Deposit in Connection
with the Encroachment Permit No. PS13-00245 in the Amount of $41,135 to
MBK Southern California LTD, 4 Plaza Drive, Irvine CA 92614.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): None
OLD BUSINESS: None
NEW BUSINESS — (00:55:55)
1. MODIFICATION TO THE BUSINESS IMPROVEMENT AREA (BIA) TO ADD
"BLVD HOTEL" THAT WILL BE SUBJECT TO THE BIA ASSESSMENT
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council Introduced for the First Reading Ordinance No. 15-xx to be Read
by Title Only and Waive Further Reading, Modifying the BIA to Add a New
Hotel that Will be Subject to the BIA Assessment.
2. City Council Conducted a Public Meeting Regarding the Business
Improvement Area (BIA) Modification to Include an Additional Hotel into the
Business BIA.
2. URBAN MASTER PLAN SCREENING REQUEST (UMP -14-06) FOR A 4 -UNIT
RESIDENTIAL COMMON INTEREST DEVELOPMENT LOCATED AT 2068
MAPLE AVENUE (00:59:12)
Staff Report provided by Minoo Ashabi, Principal Planner. (00:59:40)
Mr. Lam, Applicant, spoke on the project and economic incentives. (01:04:04)
Mayor Pro Tem Righeimer and Council Member Foley discussed parking and
deviations. (01:08:06)
Minutes — Regular Meeting — January 6, 2015 - Page 5
Mr. Lam spoke on a subdivision map; the small lot ordinance; and setbacks.
(01:09:03)
Discussion ensued regarding parking spaces for residents and guests. (01:11:09)
Mayor Pro Tem Righeimer spoke the parking codes currently in place and
enforcement by the Homeowners Association verifying that the garages are
being utilized by vehicles. (01:18:47)
Gary Armstrong, Director of Development Services, spoke on the Condition of
Approval that requires that garage spaces are kept for parking only and
requesting a letter affidavit from the Homeowners Association each year.
(01:21:04)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on parking enforcement around the City; and
the roof deck versus open space. (01:25:10)
Sheila Pfafflin, Costa Mesa, spoke on density concerns, variances and overlays;
and discussed development. (01:27:43)
Cynthia McDonald, Costa Mesa, spoke on the site plan, setbacks and overlays;
recommended reviewing the Zoning Ordinance; and recommended a moratorium
for high density projects. (01:30:00)
Richard Huffman, Costa Mesa, spoke on impacts of 3 -story buildings on narrow
streets; and his opposition to overlay zones. (01:32:06)
Robin Leffler, Costa Mesa, spoke on open space and the issue with privacy and
agreed with a moratorium for high density projects; and discussed shade and
shadow. (01:35:10)
Council Member Genis expressed concern with front setback and the availability
of parking. (01:38:27)
Council Member Foley spoke on this project being a compatible use for the
location; parking; and open space and setbacks. (01:40:51)
Mayor Pro Tem Righeimer spoke on the parking enforcement of parking in
garages. (01:41:46)
ACTION:
City Council Provided Feedback on Proposed Urban Master Plan for a 3 -Story,
4 -Unit Residential Common Interest Development Project within the Mesa West
Residential Ownership Urban Plan.
Minutes — Regular Meeting — January 6, 2015 - Page 6
3. MODIFICATIONS TO PUBLIC COMMENTS, MEETING START TIME AND
CONSENT CALENDAR ON THE CITY COUNCIL AGENDA
Staff Report provided by Stephen M. Mensinger, Mayor. (01:44:40)
Discussion on having Council Reports at the end of the meeting; Council
Members time limits; and a formal agenda versus the business of the people.
(01:48:29)
Council Member Foley recommended moving the Council Reports and CEO
Report to the end of the meeting before City Attorney Report; Council Members
staying within the three minute timeframe; and opposition to formalizing in a
Resolution. (01:50:04)
Council Members responded to comments from the public, as the public makes
comments then the Council Members should be able to respond; agreed not to
formalize; supported the Mayor; and not addressing in a Resolution. (01:51:32)
Public Comments:
Mrs. Drain, Costa Mesa, spoke on the opposition to having speakers comment
cards to be turned in by 5:45 p.m.; and posed concern with warrant documents
no longer printed. (01:56:30)
Wendy Leece, Costa Mesa, spoke on the Public Comments being an important
part of the meeting and suggested allowing residents to turn in cards while public
comments are being conducted. (01:57:14)
Ken Nyquist, Joshua Tree, supports the change of order of business; agrees with
having Public Comments at the end of the meeting; and supported the Council
Members decisions. (01:59:09)
Jay Humphrey, Costa Mesa, agrees with Council members and CEO comments
at the end of meeting; and spoke on the problem with limiting Council Member
comment time. (02:01:32)
Speaker #1, Costa Mesa, expressed concern with changing the time of the
meeting to 5:45 p.m.; and the opportunity for the residents to participate.
(02:04:13)
Beth Rafakes, Costa Mesa, expressed concern with earlier staring time, and
requiring speakers to fill out speaker cards before the first speaker; agreed that
the Public Comments are the people's business; recommends letting speakers
turn in their cards anytime during Public Comments; and supports having all
Public Comments be heard at the beginning of the meeting. (02:06:38)
Minutes — Regular Meeting — January 6, 2015 - Page 7
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Sheila Pfafflin, Costa Mesa, spoke against the start time of the meeting being
moved to 5:45 p.m.; turning in the Public Comments cards prior to the first
speaker; and does not want to see the Council Members time reduced.
(02:09:26)
Ann Parker, Costa Mesa, recommended having Public Comment cards to be
turned in anytime during the Public Comment section of the meeting. (02:11:47)
Mary Spadoni, Costa Mesa, discussed the 1St amendment; does not agree with
limiting the Council Member time to three minutes. (02:12:47)
Joanne Perler, Costa Mesa, discussed the Business of the People vs. the
agenda items; no concern with new meeting start time; opposed turning in a
Public Comment card prior to the first speaker; and opposed to Council Members
being limited to three minutes. (02:15:09)
Robin Leffler, Costa Mesa, agreed that Council Members should not be limited to
three minutes; spoke on the Business of the People; opposed changing start time
and submitting Public Comments cards prior to the first speaker; discussed the
Brown Act; and requested all comments be at to the beginning of the meeting.
(02:17:36)
James Bridges, Costa Mesa, spoke on traffic congestion; addressing Council
Members; discussed Closed Session running over time; and commented that
there are many presentations that are time consuming. (02:20:58)
Council Member Genis expressed concern with turning in the Public Comment
cards prior to the first speaker; and agreed to having Public Comments no earlier
than 6:00 p.m. (02:24:15)
Mayor Pro Tem Righeimer spoke on the additional time for Public Comments;
submitting the Public Comment cards prior to the first speaker; and requested
that Council Members follow the three minute timeframe but not adopt by
Resolution. (02:27:18)
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — January 6, 2015 - Page 8
ACTION:
City Council Adopted Resolution No. 15-01 that Allows for More Public Comments
Near the Beginning of City Council Meetings; Changes the Regular City Council
Meeting Start Time to 5:45 p.m.; Requests Members of the Public Wanting to
Speak on Matters during "Public Comments" to Submit a Speaker Card during the
"Public Comments" Period for Non -Agenda Items; up to 6:40 p.m. or prior to the last
speaker, whoever is earlier. Any Requests to Speak on Non -Agenda Items Not
Heard Prior to 6:40 p.m. Will be Allowed to Speak at the End of the Meeting;
Removes the "Continued Public Comments" and "Continued Council Member
Comments" Sections from the City Council Agenda; and Requires Members of the
Public Wanting to Speak on a Consent Calendar Item on the City Council Agenda
to Submit Such a Request on a Speaker Card Prior to the Start of the Consent
Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR (02:35:56)
4. PROFESSIONAL ENGINEERING SERVICES FOR THE UPDATE OF THE
CITY'S PAVEMENT MANAGEMENT PROGRAM
Public Comments:
Ann Parker, Costa Mesa, spoke on street paving done by Black Stone; and the
proper overseeing procedures of projects. (02:36:36)
Council Member Foley clarified that the item is not for the hiring of a contractor,
but instead it is a hiring of a contractor to do an update of the pavement
management program to create a 7 year plan to have proper paving of the City.
(02:38:33)
Ernesto Munoz, Director of Public Services, stated that the City is required by the
Orange County Transit Authority to have a pavement management system and
the contract is awarded on the basis best qualified consultant. (02:39:01)
Council Member Foley asked if the consultant will review any existing paved
areas. (02:39:52)
Ernesto Munoz responded part of their scope is to evaluate the methods we use
and make recommendations. (02:40:07)
MOVED/SECOND: Council Member Foley/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — January 6, 2015 - Page 9
ACTION:
City Council Awarded a Contract to Bucknam Infrastructure Group, Inc., 3548
Seagate Way, Suite 230, Oceanside, CA 92056, in an Amount Not to Exceed
$88,475 for Annual Updates to the City's Pavement Management Program and
Authorized the Mayor and City Clerk to Execute the Professional Services
Agreement.
6. FINAL MAP FOR TRACT NO. 17450 LOCATED AT 1974 MEYER STREET
Public Comments:
Jay Humphrey, Costa Mesa, discussed both Tract Maps in conjunction for
Consent Calendar #6 and Consent Calendar #7; discussed increasing densities
and impacts of parking. (02:40:57)
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council Approved the Final Map for Tract No. 17450 and Authorize the
Signing of Final Tract Map No. 17450 by the City Clerk and the City Engineer.
7. FINAL MAP FOR TRACT NO. 17663 LOCATED AT 2183, 2187 AND 2191
MINER STREET
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council Approved the Final Map for Tract No. 17663 and Authorized the
Signing of Final Map Tract No. 17663 by the City Clerk and the City Engineer.
Minutes — Regular Meeting — January 6, 2015 - Page 10
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CONTINUED PUBLIC COMMENTS (02:42:44)
Charles Mooney, Costa Mesa, discussed medical marijuana and edibles; and
suggested more regulations and detail in regards to edible marijuana. (02:43:21)
Ann Parker, Costa Mesa, supports dropping the outstanding lawsuit with the two
Council Members and the Police Department. (02:46:28)
Mrs. Drain, Costa Mesa, requested a forensic audit be conducted for the 60th
anniversary expenses. (02:48:13)
Mary Spadoni, Costa Mesa, spoke on the reduced law enforcement work force; the
oneline system for seeing police calls; and residents need to be proactive in the City.
(02:51:08)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS —
(02:54:09)
Mayor Pro Tem Righeimer discussed medical marijuana and noted it will be brought to
Council to be voted on as an Ordinance and the initiatives will be placed on the ballot in
November of 2016; discussed the independent audit and the cost. (02:54:12)
Council Member Foley responded to the Public Comments regarding medical marijuana
and the public should wait until the report is provided by the Attorney. (02:57:01)
REPORT — CITY ATTORNEY — (02:58:12)
ADJOURNMENT — To the Regular Meeting, January 20, 2015, 5:00 p.m.
The Mayor adjourned the mee,Wg at 8:56 p.m.
Stephen M. Mensinger, Mayor
Brenda Green,City
Minutes — Regular Meeting — January 6, 2015 - Page 11