HomeMy WebLinkAbout06/16/2015 - City Council - Successor Agency - Redevelopment Agency - City Council Special Meeting - Joint Meetings - Housing AuthorityMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY AND SPECIAL JOINT MEETING
WITH THE COSTA MESA HOUSING AUTHORITY
June 16, 2015
CALL TO ORDER
The meeting was called to order by the Mayor at 5:50 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
CALL TO ORDER (00:00:18)
PLEDGE OF ALLEGIANCE (00:00:33) — Council Member Genis
ROLL CALL (00:01:03)
Present: Council Member Foley, Council Member Genis, Mayor Mensinger
Absent: Council Member Monahan, Mayor Pro Tem Righeimer
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.
CITY ATTORNEY CLOSED SESSION REPORT
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
None
PRESENTATIONS (00:01:39)
1. Mayor's Award — Pete Carolan
Pete Carolan — Artist, U.S. Navy Seal (ret.), received the Mayor's Award. (00:01:47)
ANNOUNCEMENTS (00:19:17)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PUBLIC COMMENTS (00:21:19)
Tamar Goldmann, Costa Mesa, spoke in appreciation of the Meet the Mayor event with
Police Chief Sharpnack; and spoke on police officer recruitment. (00:22:03)
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 1
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Wendy Leece, Costa Mesa, spoke on the 2015-2016 proposed budget and the
inaugural address of President Jefferson. (00:24:08)
Steven Chan, Costa Mesa, spoke in support of the Planning Commission decision
regarding Maison; and legal review of Maison. (00:27:16)
Jay Humphrey, Costa Mesa, spoke on the Supreme Court ruling on affordable housing
requirements. (00:30:10)
Beth Rafakes, Costa Mesa, spoke on the Military Affairs 1/15 ball gown drive; and
recognition dinner at Camp Pendleton. (00:32:32)
Karl Ahlf, Costa Mesa, spoke on biking, bike paths and racks. (00:35:48)
Joann Perler, Costa Mesa, spoke on the budget meeting, goals and priorities.
(00:38:49)
Jeff Cullen, Costa Mesa, spoke on rent control; and large condominium construction
projects. (00:41:52)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:44:13)
Council Member Genis reported on her attendance at the SCAG Conference; buying
cooperatives for electricity; spoke on a meeting with the Fairview Developmental
Center; spoke on the 800th Anniversary of the Magna Carte; and requested adjourning
the meeting in memory of Sheri Sanders a Costa Mesa City Employee. (00:44:18)
Mayor Mensinger thanked Beth Rafakes and Mr. and Mrs. Drain for the Marines 1/15
event; spoke on Jake Knapp a Costa Mesa resident qualifying for the US Open; spoke
on Consent Calendar Item #12 regarding the Greenville Banning Channel; and
applauded Staff on obtaining the grant. (00:48:43)
MOTION: To open Public Comment for CC -12 - ADOPT PLANS AND
SPECIFICATIONS FOR THE GREENVILLE-BANNING CHANNEL IMPROVEMENT
PROJECT
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
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Council Member Foley requested a report on the status of Fairview Developmental
Center; thanked Interim Police Chief Lowenberg; thanked Police Chief Sharpnack and
Police Officer's for volunteering at Costa Mesa High School; spoke on the Bikeway and
Walkability Committee meeting; welcomed the CEO of the Orange County Fairgrounds;
and spoke on high school graduations. (00:56:34)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:01:24)
CEO Tom Hatch provided an update on Fairview Developmental Center; spoke on two
new firefighters; and spoke on the special budget meeting on June 23, 2015 at 7:00
p.m.
CONSENT CALENDAR (01:05:48)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 17
except for Items 7, 14 and 16.
MOVED/SECOND: Council Member Genis/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motions carried: 3-0-2
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 adopt and approve Ordinances and Resolutions by reading title only,
and further reading waived.
2. READING FOLDER
a. Claims received by the City Clerk: Todd Gosson, Spyro Kemble, Steve
Lang, Felipe Ortega and USAA, as subrogee for Kathleen Monk.
ACTION:
City Council received and filed.
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 3
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3. WARRANT RESOLUTION NO. 2537 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-11 "A" FOR $243.05
AND 15-12 $2,035,997.97; AND CITY OPERATING EXPENSES FOR
$1,869,472.94; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID — Finance Department
ACTION:
Approved Warrant Resolution No. 2537, to be read by the title only, and waived
further reading.
4. PARKWAY CONCRETE REPAIR PROJECT (PROJECT "B"), CITY PROJECT
NO. 13-18
ACTION:
1. City Council accepted the work performed by C.J. Concrete Construction,
Inc., and authorized the City Clerk to file the Notice of Completion; and
2. City Council authorized the release of the Labor and Material Bond seven (7)
months after the filing date; release of the Faithful Performance Bond one (1)
year after the filing date; and release of the monies 35 days after the Notice of
Completion filing date.
5. MINUTES
ACTION:
City Council approved the minutes of the Regular City Council and Successor
Agency Meeting and Special Joint Meeting with the Costa Mesa Housing
Authority of June 2, 2015; and minutes of the Special Closed Session Meeting of
June 9, 2015.
6. PARKWAY CONCRETE REPAIR PROJECT (PROJECT "C), CITY PROJECT
NO. 13-19 — Public Services Department/Engineering Division
ACTION:
1. City Council accepted the work performed by C.J. Concrete Construction,
Inc., and authorized the City Clerk to file the Notice of Completion; and
2. City Council authorized the release of the Labor and Material Bond seven (7)
months after the filing date; release of the Faithful Performance Bond one (1)
year after the filing date; and release of the retention monies 35 days after the
Notice of Completion filing date.
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 4
8. 2014 — 2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECT; REHABILITATION OF ARNOLD AVENUE, BEACH STREET,
COVE STREET, ROSS STREET, SEAL STREET, AND SURF STREET — CITY
PROJECT NO. 14-11
ACTION:
City Council accepted the work performed by Copp Contracting, Inc., and
authorized the City Clerk to file the Notice of Completion; and
2. City Council authorized the release of the Labor and Material Bond seven (7)
months after the filing date; release of the Faithful Performance Bond one (1)
year after the filing date; and release of the retention monies 35 days after the
Notice of Completion filing date.
9. 2014 — 2015 STREET REHABILITATION PROJECT — CITY PROJECT NO. 15-
05
ACTION:
1. City Council adopted plans, specifications, and working details for the 2014 —
2015 Street Rehabilitation Project, City Project No. 15-05; and
2. City Council awarded a construction contract to RJ Noble Company, 15505 E.
Lincoln Avenue, Orange, California 92865, in the amount of $1,536,928.00;
and
3. City Council authorized the Mayor and the City Clerk to execute the Public
Works Agreement.
10. AGREEMENT EXTENSIONS FOR BUILDING SAFETY & FIRE PREVENTION
PLAN REVIEW AND INSPECTION SERVICES
ACTION:
City Council authorized the Mayor to execute Professional Services Agreements
(PSAs), authorizing the extensions for the terms approved in FY 2012-2013, for
contract plan check and inspection services, with the companies of Scott
Fazekas & Associates, Inc., Bureau Veritas, Melad & Associates, Interwest
Group, and CSG Consultants Inc.
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 5
11. FUEL SERVICE AGREEMENTS
ACTION:
1. City Council approved and authorized the Chief Executive Officer to execute
the service agreement for delivery of unleaded fuel through the County of
Orange Regional Cooperative Agreement No. MA -017-11012276 with Mobil
Delivery Service Inc. (dba: Diamond Oil Service), effective June 16, 2015
through June 15, 2016, in an amount not to exceed $300,000 annually; and
2. City Council approved and authorized the Chief Executive Officer to execute
the service agreement for delivery of diesel fuel through the County of Orange
Regional Cooperative Agreement No. MA -017-13010843 with Mobil Delivery
Service Inc. (dba: Diamond Oil Service), effective June 16, 2015 through
June 15, 2016, in an amount not to exceed $200,000 annually; and
3. City Council authorized the Chief Executive Officer to renew the agreements
for three (3) additional one year terms, upon mutual agreement of both
parties.
12. ADOPT PLANS AND SPECIFICATIONS FOR THE GREENVILLE-BANNING
CHANNEL IMPROVEMENT PROJECT
ACTION:
City Council adopted the plans and specifications for the Greenville -Banning
Channel Improvement Project.
13. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City's Maintenance of Effort (MOE) for Fiscal Year
2015-16 and
2. City Council approved the City's Seven -Year Capital Improvement Program
(CIP) for Fiscal Year 2015-16 through Fiscal Year 2021-22; and
3. City Council adopted Resolution 15-29, to be read by title only, and waived
further reading, for the Master Plan of Arterial Highways Conformance.
15. APPOINTMENTS TO THE BIKEWAY AND WALKABILITY COMMITTEE
ACTION:
City Council appointed the Costa Mesa Chamber of Commerce and the Newport
Mesa Unified School District to the Bikeway and Walkability Committee. Each of
these entities shall select one representative to the Committee.
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 6
17. RENEWAL OF AIR SUPPORT SERVICES CONTRACT WITH THE CITY OF
HUNTINGTON BEACH
ACTION:
City Council authorized the CEO to administratively execute a renewal of the
current contract with the City of Huntington Beach for helicopter support services
from July 1, 2015 until June 30, 2018, not to exceed the amount of $300,000
dollars annually.
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:05:47)
7. PALMER STREET ALLEYS (ALLEY NO. 67 AND ALLEY NO. 69), 17TH
PLACE ALLEYS (ALLEY NO. 99 AND ALLEY NO. 101), SANTA ANA
AVENUE ALLEY (ALLEY NO. 100), FAIRWAY PLACE ALLEY (ALLEY NO.
117), AND LILLIAN PLACE ALLEY (ALLEY NO. 118) IMPROVEMENT
PROJECT — CITY PROJECT NO. 14-10
Public Comment:
Citizen #47, Costa Mesa, spoke on the alley on Palmer Street. (01:07:35)
Council Member Foley clarified that the work has already been completed and
the action is to accept the work and release the bonds. (01:08:34)
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION:
1. City Council accepted the work performed by Patriot Contracting &
Engineering, Inc., and authorized the City Clerk to file the Notice of
Completion; and
2. City Council authorized the release of the Labor and Material Bond seven (7)
months after the filing date; release of the Faithful Performance Bond one (1)
year after the filing date; and release of the retention monies 35 days after the
Notice of Completion filing date.
14. AMENDMENT FOUR TO THE PROFESSIONAL SERVICES AGREEMENT
WITH KEYSER-MARSTON ASSOCIATES CONSULTING
Item continued to the Special Meeting of June 23, 2015 due to a lack of quorum.
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16. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF
AUGUST 18, 2015 (01:09:30)
Council Member Genis spoke on cancelling the first meeting in September in
order to participate in "A National Night Out." (01:09:31)
Council Member Foley spoke in support of cancelling the August 18, 2015
meeting. (01:10:34)
MOVED/SECOND: Council Member Foley/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION:
City Council approved canceling the August 18, 2015 City Council Meeting.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:12:13)
1. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC
HEARING OF THE APPROVAL AND ADOPTION OF THE SIDE LETTER
AGREEMENT TO THE 2013-2016 MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA CITY
EMPLOYEES ASSOCIATION (CMCEA) (01:12:14)
Staff Report presented by Laura Kalty, Special Counsel, and Lance Nakamoto,
Human Resources Manager. (01:12:34)
Public Comments:
Tamar Goldmann, Costa Mesa, expressed problems with COIN; and spoke on
the costs of consultants and contractors. (01:15:47)
Mayor Mensinger thanked Council Member Foley and Mayor Pro Tem Righeimer
for their work on the MOU; and spoke on the COIN process and disclosure of
costs. (01:18:32)
CEO Hatch clarified which employees are covered under the MOU. (01:20:07)
Council Member Genis thanked Council Member Foley and Mayor Pro Tem
Righeimer for their work on the MOU; and Staff. (01:23:40)
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 8
MOVED/SECOND: Council Member Genis/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION:
1. City Council held the first Public Hearing as required by COIN; and
2. City Council scheduled the second and final Public Hearing as required by
COIN for July 7t', 2015.
2. EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS PER AB 2188 (01:26:02)
Staff Report provided by Khanh Nguyen, Building Official, provided a Power
PowerPoint Presentation; and noted additional language to be included in the
motion the verbiage regarding the analysis for CEQA exemption. (01:26:36)
Discussion ensued on solar inspections. (01:29:36)
MOVED/SECOND: Council Member Foley/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION:
1. City Council conducted the first Public Hearing and gave the first reading to
Ordinance No. 15-05 including the verbiage regarding the analysis for CEQA
exemption, to be read by title only, and waived further reading; and
2. City Council scheduled the second reading to Ordinance No. 15-05, to be
read by title only, and waived further reading, for July 7, 2015.
3. ADOPTION OF FISCAL YEAR 2015-2016 APPROPRIATIONS LIMIT (01:31:35)
Staff Report provided by Stephen Dunivent, Interim Finance Director. (01:32:15)
Public Comments:
Mrs. Drain, Costa Mesa, requested clarification on the Appropriations Limit.
(01:33:45)
Mr. Dunivent spoke on calculating the Appropriations Limit. (01:34:37)
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 9
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION:
City Council adopted Resolution No. 15-28, to be read by title only, and waived
further reading, establishing the Fiscal Year 2015-2016 Appropriations Limit for the
City of Costa Mesa at $201,264,174 by using the County of Orange's population
growth for population adjustment, and the California per capita income growth for
inflationary adjustment.
4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING TABLE 13-30 (LAND USE MATRIX) OF CHAPTER
IV (CITYWIDE LAND USE MATRIX) TITLE 13 (ZONING CODE OF THE
COSTA MESA MUNICIPAL CODE) TO REFLECT CHANGES MADE BY CODE
AMENDMENT CO -14-03, AS PREVIOUSLY ADOPTED BY ORDINANCE NO.
14-13 (GROUP HOMES) ON OCTOBER 21, 2014 (01:36:02)
Staff report provided by Jerry Guarracino, Assistant Director. (01:36:42)
Public Comments:
Speaker, Costa Mesa, spoke on sober living homes; citations; and crime
statistics. (01:39:50)
Mr. Guarracino spoke on investigations; nuisance reports; and notice of
violations. (01:41:48)
MOVED/SECOND: Council Member Genis/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION:
1. City Council conducted the first Public Hearing and gave the first reading to
Ordinance No. 15-06, to be read by title only, and waived further reading; and
2. City Council scheduled the second reading to Ordinance No. 15-06, to be
read by title only, and waived further reading, for July 7, 2015.
OLD BUSINESS: None
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 10
NEW BUSINESS: (01:47:51)
1. 4T" OF JULY PUBLIC SAFETY LETTER FROM THE CITY COUNCIL AND
PUBLIC SAFETY DEPARTMENTS TO THE COMMUNITY (01:47:52)
Mayor Mensinger spoke on providing information on legal versus illegal
fireworks. (01:48:06)
Dan Stefano, Fire Chief and Robert Sharpnack, Police Chief spoke on safety
efforts and policing. (01:49:15)
Council Member Genis recommended including on the flyer the hours for
fireworks discharge; and explained legal fireworks become illegal when altered or
thrown. (01:51:07)
Council Member Foley recommended including on the flyer the fines; expressed
that fines are not a deterrent to illegal fireworks; requested a report on each
firework group profits; and spoke in support of a firework celebration at the
fairgrounds. (01:54:23)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on illegal fireworks and zero tolerance.
(01:58:05)
Wendy Leece, Costa Mesa, spoke on limiting the number of days for sale of
fireworks; and spoke on safety issues of discharge. (02:01:10)
Beth Rafakes, Costa Mesa, recommended the font size be larger for the dates
and times; include fines; provide copies at City Hall; and spoke on illegal
fireworks. (02:03:41)
Karl Ahif, Costa Mesa, spoke on the problems of discharging illegal fireworks.
(02:06:23)
Council Member Foley requested outreach to schools and to include sensitivity to
neighbors for noise. (02:12:15)
MOVED/SECOND: Council Member Genis/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 11
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ACTION:
1. City Council authorized the Fire Department and Police Department to
prepare a joint public safety message letter from the City to help mitigate the
use of illegal fireworks in the City of Costa Mesa during this year's
Independence Day celebration (July 2 — 4, 2015); and
2. City Council authorized the Office of CEO to mail it to all of the residents in
Costa Mesa.
2. HERO'S HALL FINANCIAL SUPPORT (02:17:24)
Staff report provided by Dan Baker, Public Affairs Manager. (02:17:43)
Public Comments:
Bobby McDonald, Chair of OC Veteran's Advisory Counsel, spoke in support of
the donation. (02:18:47)
Beth Rafakes, Costa Mesa, spoke in support of the donation. (02:21:33)
Mrs. Drain, Costa Mesa, spoke in support of the donation. (02:23:28)
Karl Ahlf, Costa Mesa, spoke in support of the donation. (02:24:18)
CEO Hatch spoke on contingency funds available for appropriations. (02:26:31)
MOVED/SECOND: Council Member Foley/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Mayor Mensinger
Nays: None
Absent: Council Member Monahan, and Mayor Pro Tem Righeimer
Motion carried: 3-0-2
ACTION: .
City Council authorized $25,000 for the completion of a Veteran's Museum that will
be situated at the Orange County Fairgrounds.
REPORT — CITY ATTORNEY — (02:27:49).
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 12
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ADJOURNMENT — To the Special Meeting, June 23, 2015, 7:00 p.m.
Council Member Genis adjourned the meeting in memory of Sheri Sanders, a Costa
Mesa City Employee at 8:18 p.m.
Minutes ad pfd on this 7th day of July, 2015.
Stephen'V. Mensinger, Mayor
ATTEST:
0,, Ja_ C
Brenda Green, City
erk
Minutes — Regular Meeting/Special Joint Meeting — June 16, 2015 - Page 13