HomeMy WebLinkAbout05/17/2016 - City Council - Housing Authority - Successor Agency - Redevelopment AgencyREGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — 5:45 P.M.
May 17, 2016
CALL TO ORDER
The Closed 'Session 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: Council Member Foley, Council Member Genis,
Council Member Monahan, Mayor Pro Tem Righeimer,
and Mayor Mensinger
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE
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: Lenard Tovar vs. City
of Costa Mesa, et al, Superior Court of California, County of Orange, Case No. 30-
2015-00778027-CU-PO-CJC, pursuant to California Government Code Section
54956.9(d)(1).
2. Conference with legal counsel regarding anticipated litigation, significant exposure
to litigation pursuant to California Government Code Section 54956.9(d)(2) for 1
potential case.
The City Council reconvened at 5:45 p.m.
CALL TO ORDER (00:00:33)
The meeting was called to order by the Mayor at 5:45 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:44) — Council Member Monahan
MOMENT OF SOLEMN EXPRESSION (00:01:12)
Pastor Tim McCalmont, Presbyterian Church of the Covenant, Costa Mesa
Minutes — Regular Meeting — May 17, 2016 - Page 1
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ROLL CALL (00:04:29)
Present: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Absent: None
Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte,
Assistant Chief Executive Officer Rick Francis, Assistant Chief Executive Tamara
Letourneau, Economic and Development Services Director Gary Armstrong, Public
Services Director Ernesto Munoz, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:04:44) - NONE
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
NONE
ANNOUNCEMENTS (00:04:55)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:06:59)
Mayor's Award — John Carpenter, Teacher and Coach at Estancia High School
John Carpenter, Teacher and Coach at Estancia High School, accepted the Mayor's
Award.
PUBLIC COMMENTS (00:16:55)
Terry Koken, Costa Mesa, spoke on public comments. (00:17:49)
Beth Refakes, Costa Mesa, spoke on the Women's Club and the Attic Theatre.
(00:20:28)
Speaker, spoke on campaign contributions. (00:23:41)
Dan Goldmann, Costa Mesa, spoke on repairs and upgrades needed at Tewinkle Park
and asked for Wilson Park to be opened during the weekends. (00:27:00)
Speaker, spoke on the Council Members. (00:29:36)
Speaker, spoke on good governance. (00:33:41)
Minutes — Regular Meeting — May 17, 2016 - Page 2
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Speaker, spoke on public records requests. (00:36:43)
Cindy Brenneman, spoke on the Fire Department contract and ambulance service.
(00:38:33)
Greg Tunnell, spoke on fraud. (00:39:34)
Speaker, spoke on new development in the City; housing; Voting Rights Act and parks.
(00:42:02)
Speaker, spoke on Solid Landings and sober living homes. (00:45:06)
Ruth Novikoff, Costa Mesa, spoke against aerial spraying by the Orange County Vector
Control. (00:48:13)
Jay Humphrey, Costa Mesa, thanked the police department for their dedication and
service. (00:51:19)
Robin Leffler, Costa Mesa, thanked the police department for their service; spoke on
consent calendar procedures and public comments on the General Plan hearing.
(00:52:36)
Public Comments Closed
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:55:04)
Council Member Monahan — None (00:55:07)
Mayor Pro Tem Righeimer thanked the police department for their service and thanked
contributors to charities. (00:55:11)
Mayor Mensinger thanked the police department for their service and praised Coach
Carpenter. (00:56:54)
Council Member Foley thanked the police department; spoke on the police department
lawsuit with the Mayor and Mayor Pro Tem; apologized to a citizen; spoke on public
comments and civility; the Action Arts event; the Children and Adults with Attention-
Deficit/Hyperactivity Disorder organization conference in November; the Fish Fry and St.
John the Baptist events; and praised Public Works Director Ernesto Munoz. (00:57:53)
Council Member Genis spoke on her attendance at the Southern California Association
of Governments conference. (01:04:32)
Minutes — Regular Meeting — May 17, 2016 - Page 3
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REPORT — CHIEF EXECUTIVE OFFICER (CEO) — (01:06:11)
Chief Executive Officer Tom Hatch spoke on public comments and praised Public Works
Director Ernesto Munoz.
CONSENT CALENDAR (01:07:44)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7
except for 2 and 6.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
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. READING FOLDER
a. Claims received by the City Clerk: William David Keys
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
ACTION:
City Council approved the minutes of May 3, 2016.
4. FAIRVIEW PARK CATTAIL REMOVAL PROJECT, CITY PROJECT NO. 15-14
ACTION:
1. City Council accepted the work performed by McNabb Construction Inc. and
authorized the City Clerk to file the Notice of Completion; and
2. City Council authorized the release of the Labor and Materials Bond one (1)
year 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 — May 17, 2016 - Page 4
5. 2015 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
PROGRAM ALLOCATION IN AN AMOUNT NOT TO EXCEED $16,710.00
ACTION:
1. City Council authorized the Chief Executive Officer or his designee to execute
the Agreement to Transfer Funds for the 2015 Emergency Management
Performance Grant (EMPG) Program; and
2. City Council adopted Resolution No. 16-24, which authorizes the Chief
Executive Officer or his designee to accept the funds for the Emergency
Management Performance Grant (EMPG) Program, in an amount not to
exceed $16,710.00 to purchase a free-standing Smartboard and display cart,
mini DVD writer, display adaptor, desktop mini sec/dual vesa sleeve wireless
mouse, and seven lap top computers dedicated to the City's Emergency
Operations Center (EOC). This acquired equipment will support new
technology requirements and provide improvements to support emergency
management.
7. APPOINTMENT OF CITY NEGOTIATORS FOR THE COSTA MESA CITY
EMPLOYEES ASSOCIATION MEET AND CONFER AND AUTHORIZATION TO
PROCEED WITH THE FINANCIAL ANALYSIS OF THE CURRENT MOU PER
THE COIN ORDINANCE
ACTION:
1. City Council designated Tamara S. Letourneau, Assistant Chief Executive
Officer and Steven Berliner, Partner, Liebert Cassidy Whitmore as the City's
representatives in negotiations with the Costa Mesa City Employees
Association (CMCEA); and
2. City Council authorized staff to have the independent fiscal analysis of the
current CMCEA Memorandum of Understanding (MOU) completed per the
requirements of the COIN Ordinance.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:08:43)
2. WARRANT RESOLUTION NO. 2557 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 16-10 FOR $2,169,362.19; AND CITY
OPERATING EXPENSES FOR $1,920,968.70; AND SPECIFYING THE FUNDS
OUT OF WHICH THE SAME ARE TO BE PAID (01:08:54)
Public Comments: None
Minutes — Regular Meeting — May 17, 2016 - Page 5
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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
Motions carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2557.
6. REQUEST FOR A "RESIDENT ONLY" PARKING RESTRICTION ON
CLEVELAND AVENUE AND PAULARINO AVENUE (01:09:20)
Public Comments: (01:09:23)
John Feeney, Costa Mesa, spoke on parking problems in the neighborhood and
requested Dorset Lane be included. (01:09:52)
Public Comments Closed
Discussion ensued on the survey and adding Dorset Lane; and addressing the
parking problems with the apartment property owners. (01:13:10)
MOTION: To approve recommended actions 1 and 2 and also add Dorset Lane to
the Resolution. (01:22:34)
MOVED/SECOND: Mayor Mensinger/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 and Mayor Mensinger.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
1. City Council adopted Resolution No. 16-25 approving the implementation of a
"Resident Only" parking restriction on Cleveland Avenue between Paularino
Avenue and Dorset Lane, Paularino Avenue Westbound between Coolidge
Avenue and Van Buren Avenue, and Paularino Avenue Eastbound between
Van Buren Avenue and the alley east of Paularino Avenue; and also added
Dorset Lane from Cleveland Avenue to cul de sac West of Arthur Avenue.
Minutes — Regular Meeting — May 17, 2016 - Page 6
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2. City Council authorized the Transportation Services Manager to extend the
"Resident Only" parking restriction for a maximum of 1,000 feet as needed.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:23:03)
1. 2015-2035 GENERAL PLAN AND DRAFT ENVIRONMENTAL IMPACT
REPORT (DEIR) — SCH# 2015111068 (01:23:20)
Staff report by Claire Flynn, Assistant Development Services Director and Laura
Stetson, AICP with MIG. (01:23:40)
Discussion ensued on references for Fairview Park; ball parks; including open
space master plan survey information; and cultural resources. (01:41:40)
Council Member Foley requested a mixed-use analysis for residential housing.
(01:51:00).
Council Member Genis spoke in support of having an analysis on the EIR
alternatives. (01:51:30)
Mayor Righeimer spoke against housing on the area north of the 1-405 freeway
and west of Fairview Road. (01:51:45)
Council Member Foley spoke on creating walking communities. (01:53:30)
Council Member Genis spoke in support of an analysis. (01:55:04)
MOTION: To not proceed with a residential analysis for the area north of the 1-405
freeway and west of Fairview Road. (01:56:00)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger.
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
Discussion ensued on considering alternatives to a residential analyis; a mixed-
use analysis; no housing for the area north of the 1-405 freeway and west of
Fairview Road; and a correction needed on pg. 4.1-3 to reflect to not include an
overlay on Triangle square. (01:56:06)
Council Member Foley spoke against including the Mesa Verde Center in the
residential incentive overlay on Harbor Boulevard. (02:06:10)
Minutes — Regular Meeting — May 17, 2016 - Page 7
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Mayor Righeimer supports removing Mesa Verde East from the incentive overlay
on Harbor Boulevard. (02:11:00)
Council Member Foley spoke against housing on commercial boulevards and
requested an analysis to provide economic incentives for motels. (02:15:00)
Mayor Pro Tem Righeimer spoke on incentives needed to deal with problem
motels. (02:16:29)
Council Member Genis spoke on public storage; not including historic properties in
the Newport Boulevard residential incentive overlay; and spoke on air quality.
(02:20:10)
Mayor Pro Tem Righeimer spoke in support of adding public storage on Newport
Boulevard; spoke on the Fairview Development Center and the need for park
space; and recommended fifty percent of the space be for single-family
residential, twenty-five percent for park space, and twenty-five percent for
affordable housing. (02:27:14)
Council Member Genis spoke on concerns with changes; and providing affordable
housing for homelessness. (02:34:00)
Council Member Foley requested alternatives of items discussed and visual
scenarios. (02:40:12)
Discussion ensued on the traffic cap; land use element; housing and employment
projections; increasing owner occupied housing; and a correction on pg. 83 Policy
LU -7.5 (02:48:00)
Council Member Genis requested a list of new and old land use policies.
(02:49:00)
Presentation by Laura Stetson from MIG on impacts of air quality and greenhouse
gas emissions. (02:51:00)
Council Member Genis spoke on significant issues and misstatements in the
Environmental Impact Report. (02:55:13)
Presentation by Darrel Zirfus from Stantec on traffic analysis. (03:03:33)
Council Member Genis requested traffic count dates. (03:10:00)
Discussion ensued on trip generation and examples. (03:13:15)
Minutes — Regular Meeting — May 17, 2016 - Page 8
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Council Member Foley requested more information on trips. (03:20:15)
Mr. Zirfus noted that most arterials in the City would experience a change of less
than 1,000 trips per day from the current plan to the proposed plan and it is
considered negligible. (03:26:40)
Presentation by Roger Dale from Natelson Dale Group on the fiscal impact
analysis of the general plan. (03:42:50)
Discussion ensued regarding hotel entitlements; cost revenues for land uses;
sales tax per square foot of retail space; potential hearing dates; and having an
infill exemption analysis. (04:04:00)
City Council recessed into a break at 10:17 p.m. (04:31:57)
City Council returned at 10:24 p.m. (04:39:40)
Discussion ensued on potential hearing dates. (04:40:00)
Public Comments: (04:41:40)
Steven La Motte, Director of Government Affairs, Building Industry Association of
Orange County, spoke in support of the general plan update and land use
changes. (04:42:10)
Jay Humphrey, Costa Mesa, spoke in support of no new high density
developments and spoke on the four percent of land available; affordable housing;
maximum density units per acre; and sport fields. (04:43:29)
Wendy Leece, Costa Mesa, spoke on the Public Hearing dates; spoke on Fairview
Park preservation alliance mission; and expressed concern on references related
to park uses. (04:46:38)
Julie Fowler, Costa Mesa, spoke on the long term plan; suggestions contained in
the document; the Mesa Verde Center; and replacing motels. (04:49:48)
George Sakioka, spoke in support of the proposed plan and the Environmental
Impact Report. (04:52:53)
Silvia Hatton, Costa Mesa, spoke in support of affordable housing for low income
working families. (04:55:48)
Minutes — Regular Meeting — May 17, 2016 - Page 9
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Kim Hendricks, Costa Mesa, spoke on corrections needed in the Environmental
Impact Report. (04:57:20)
Tamar Goldmann, Costa Mesa, spoke on corrections needed in the Environmental
Impact Report; density; and motels. (05:00:42)
Rick Huffman, Costa Mesa, spoke against residential overlays on Harbor and
Newport Boulevard and spoke on spot zoning. (05:03:46)
Honnie Kang, representing Kearney Real Estate Company, spoke in support of
the plan. (05:05:43)
Flo Martin, Costa Mesa, spoke on the Fairview Park Master Plan and the park as
a passive use and no sports activities. (05:07:09)
Robin Leffler, Costa Mesa, spoke on removing references to Fairview Park; and
on corrections needed in the Environmental Impact Report. (05:10:28)
Greg Ridge, Costa Mesa, spoke on having no changes at Fairview Park; language
in the Environmental Impact Report; and corrections needed. (05:13:50)
Kathy Esfahani, Costa Mesa Affordable Foundation, spoke in support of including
a requirement of twenty percent set aside for lower income households for motels
that get replaced. (05:16:51)
Joanne Perla, Costa Mesa, expressed concern with the Environmental Impact
Report. (05:20:11)
Speaker, spoke on problems in the documents. (05:23:15)
Cynthia McDonald, Costa Mesa, spoke on air quality; traffic issues and changes
needed in the Environmental Impact Report. (05:25:53)
Public Comments Closed
MOTION: to continue to the June 21stmeeting (05:29:05)
MOVED/SECOND: Council Member Monahan/Mayor Mensinger
Mayor Righeimer recommended adding a new housing project on 2850 Mesa
Verde Drive East; changes in the plan; motel problems; and affordable housing.
(05:33:00)
Council Member Foley spoke on citizens providing public comments and is
opposed to spot zoning. (05:46:20)
Minutes — Regular Meeting — May 17, 2016 - Page 10
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Council Member Genis expressed concern with land use changes south of the
405 freeway and density. (05:51:02)
SUBSTITUTE MOTION: To continue the item to a Special City Council Meeting of
June 14, 2016 and Regular Meeting of June 21, 2016; directed staff to prepare the
final Environmental Impact Report for the June 21, 2016 meeting and to agendize
the public hearing at 8:00 p.m. (05:53:16)
SUBSTITUTE MOTION/SECOND: Council Member Genis/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger.
Nays: Council Member Monahan
Absent: None
Motion carried: 4-1
ACTION:
1. City Council received the public comments on the General Plan and Draft
Environmental Impact Report; and
2. City Council continued the item to a Special City Council Meeting of June 14,
2016 and Regular Meeting of June 21, 2016; directed staff to prepare the final
Environmental Impact Report for the June 21, 2016 meeting and to agendize
the public hearing at 8:00 p.m.
OLD BUSINESS:
1. TEMPORARY WEB MASTER CONSULTANT SERVICES FOR THE DESIGN
AND DEVELOPMENT OF THE CITY'S INTERNAL WEB PLATFORM AND
APPLICATIONS (05:55:20)
Staff report by Steven Ely, I.T. Director. (05:56:01)
Council Member Foley spoke against having permit information online and a long
term contract. (06:00:50)
IT Director Steven Ely clarified that the agreement is an 8 to 10 month contract.
(06:02:25)
Discussion ensued on revising the contract term. (06:03:00)
Minutes — Regular Meeting — May 17, 2016 - Page 11
Public Comments: (06:04:30)
Speaker, spoke in support of the old crime map system and expressed concern
with utilizing consultants. (06:05:14)
Greg Tunnell, Costa Mesa, spoke in opposition to the contract. (06:07:02)
Robin Leffler, Costa Mesa, requested clarification on why this item was listed as
old business. (06:10:38)
Public Comments Closed
Council Member Foley requested clarification on the tracking system on
homelessness; and requested to add the words up to one year on page 2 of
Exhibit A. (06:11:11)
MOTION: To approve the recommended action with a contract term of one year.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
(06:13:50)
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
ACTION:
1. City Council authorized temporary web master services to rebuild and develop
the internal web platform and applications; and
2. City Council authorized the City CEO to sign the Professional Services
Agreement with Robert Half Technology, d.b.a. Protiviti Government Services,
in an annual contract amount not to exceed $178,000.00.
MOTION: Continue the meeting past midnight (06:15:51)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
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
ACTION: City Council approved to continue the meeting past midnight.
Minutes — Regular Meeting — May 17, 2016 - Page 12
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NEW BUSINESS: (06:16:35)
1. PARKS & RECREATION COMMISSION REVIEW OF TALBERT PARK
RESTORATION PLAN (06:16:43)
Staff report by Rick Francis, Assistant CEO. (06:16:45)
Public Comments: (06:22:35)
Jay Humphrey, Costa Mesa, spoke on easements; bike trails and habitats.
(06:23:00)
Greg Ridge, Costa Mesa, spoke on the cutting down of trees at Talbert Park and
improvements for water drainage. (06:25:39)
Joanne Perla, Costa Mesa, spoke on concerns at the park and the natural beauty
of the park. (06:29:34)
MOVED/SECOND: Council Member Monahan/Council Member Genis (06:30:58)
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
ACTION:
City Council directed the Parks and Recreation Commission to review the Talbert
Regional Park Final Habitat Restoration Plan and make recommendations to the
City Council for potential joint restoration projects between the City and the
County of Orange.
Council Member Foley requested the City Attorney review the campaign finance
disclosure statements for Mayor Mensinger. (06:31:05)
CONTINUED PUBLIC COMMENTS: (06:32:19)
Joanne Perla, Costa Mesa, spoke on public comments and election contributions.
(06:32:52)
Speaker, spoke on law enforcement week. (06:35:52)
REPORT — CITY ATTORNEY — NONE (06:37:46)
Minutes — Regular Meeting — May 17, 2016 - Page 13
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ADJOURNMENT
The Mayor adjourned the meeting at 12:23 a.m.
Minutes adopted g.n4W! y,V"�y of June, 2016.
Stephen M. Mensi
ATTEST:
, Mayor
Brenda Green, - ty Clerk
Minutes — Regular Meeting — May 17, 2016 - Page 14