HomeMy WebLinkAbout03 - CC-3 - Minutes - 7/18/2017UNOFFICIAL UNTIL APPROVED
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,
HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
MARCH 21, 2017
SPECIAL CLOSED SESSION
CALL TO ORDER
The Special Closed Session meeting was called to order by the Mayor Pro Tem at 5:32
p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa,
California.
ROLL CALL
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley (arrived at 5:45 p.m.).
Absent: None
PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS
Speaker spoke on Closed Session item #2 and requested that the monies dedicated for
the library be used to buy the property at 2501 Harbor Blvd. and make sports parks.
The City Council recessed to Conference Room 5A at 5:35 p.m. for Special Closed
Session to consider the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: David William Palmblade and Judith Darlene Palmblade v. City of
Costa Mesa, Orange County Superior Court Case No. 30-2016-00841782-CU-
BC-CJC.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2501 Harbor Boulevard, Costa Mesa, CA 92626
APN: 420-012-16
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Richard Francis, Assistant City Manager and the State of
California
Under Negotiation: Price and Terms
The City Council reconvened at 6:15 p.m.
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CALL TO ORDER (00:00:08)
The regular meeting was called to order by the Mayor at 6:15 p.m. in the Council
Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM (00:00:22) Ms. Daisy Avila
PLEDGE OF ALLEGIANCE (00:01:52) Mayor Pro Tem Genis
MOMENT OF SOLEMN EXPRESSION (00:02:17)
Pastor Mike Decker, Palm Harvest Church, Costa Mesa
ROLL CALL (00:03:45)
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant
City Manager Richard Francis, Assistant City Manager Tamara Letourneau,
Development Services Department Consultant Jay Trevino, Public Services Director
Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:04:01) - NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — Mayor
Foley stated she had communications with Captain Rob Gagne regarding firefighters'
requests. (00:04:15)
ANNOUNCEMENTS (00:04:27)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:07:16)
Jean Forbath, Co-founder, Share Our Selves, accepted the Mayor's award.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:18:56)
Speaker, spoke on a visit to Australia; and spoke on the status of the South Harbor
Blvd. Median Improvement Project. (00:19:40)
Flo Martin, Costa Mesa, spoke on the picnics for the homeless, park improvements, and
police resources at Wilson Park. (00:22:01)
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Tiffany Lewis, Woodlands Elementary School Principal, introduced herself. (00:24:58)
Bill McCarty, Costa Mesa, spoke on Vernal pools and fairy shrimp at Fairview Park; and
spoke on deportation. (00:26:06)
Margaret Mooney, Costa Mesa, spoke on the maintenance of the Costa Mesa Motor
Inn; and changing the General Plan at the Fairview Park Developmental site. (00:28:47)
Will B. King, spoke on homeless issues at the library. (00:30:20)
Speaker, spoke against the Small Lot Ordinance and projects approved by the Planning
Commission. (00:33:38)
Speaker, supports the City buying the Fairview Park Developmental Center; and spoke
on City priorities. (00:35:58)
Cindy Brenneman, Costa Mesa, spoke against Carla Navarro Woods' appointment to
the Planning Commission; and spoke on the First Friday Car show. (00:38:35)
Ralph Taboada, Costa Mesa, spoke on the City Council team building; developments
approved by the Planning Commission and ex -parte communications; and cost of the
library project. (00:40:15)
Speaker, spoke on transparency and a visit to City Hall; and a project at 163 Flower
Street. (00:42:52)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:45:33)
Mayor Pro Tem Genis spoke on visiting Fairview Park; issues at City Parks; review of
the Small Lot Ordinance; and Southern California Association of Governments (SCAG)
scholarship program. (00:45:41)
Council Member Stephens spoke on the April 6th forum on homelessness he and
Council Member Mansoor are hosting; a joint meeting with the Costa Mesa Sanitary
District and Mesa Water District; March 28th Special joint meeting on Lions Park project;
and congratulated the new firefighters. (00:48:15)
Council Member Righeimer spoke on the sentencing of Private Investigator Lanzillo; the
Small Lot Ordinance; Sober Living Group Homes; and the General Planning at the
Fairview Developmental Center site. (00:51:25)
Council Member Mansoor spoke on Consent Calendar item #6 regarding the repair of
the rubberized padding on the TeWinkle Park playground; Fairview Park trails; and
Measure AA. (00:56:44)
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Mayor Foley spoke on the City Council priorities; the Library project; employment
opportunities at Sprouts on 17th Street and Orange Coast College Foundation; Eastside
listening tour on April 24th; the Mayor's Ball on June 9th; and her Friday office hours at
City Hall. (00:58:21)
CONSENT CALENDAR (01:03:27)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 8
except 1, 4, 6, 7, and 8.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
2. WARRANT RESOLUTION NO. 2573 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 17-04 "A" FOR
$19,496.50 AND 17-05 FOR $2,153,751.01; AND CITY OPERATING
EXPENSES FOR $746,272.20; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID
ACTION:
City Council approved Warrant Resolution No. 2573.
3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF
JANUARY 3, 2017
ACTION:
City Council approved the minutes of January 3, 2017.
5. MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM
PROJECT DELAYS
ACTION:
City Council authorized two-year delay in the implementation of three (3)
transportation projects that have received Orange County Transportation
Authority's (OCTA) Measure M2 Combined Transportation Funding Program
grant funding from Fiscal Year 2016-17 to 2018-19.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
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CONSENSUS: NEW BUSINESS #1 LOS ANGELES CHARGERS USE AGREEMENT
WAS HEARD OUT OF ORDER AND CONSIDERED NEXT. (01:04:19)
NEW BUSINESS (01:04:50)
1. LOS ANGELES CHARGERS USE AGREEMENT FOR JACK HAMMETT
SPORTS COMPLEX (01:05:33)
Mayor Foley recused herself and stepped down from the dais and left the Council
Chambers due to living within 500 feet of the Jack Hammett Sports Complex.
(01:05:09)
Tom Hatch, City Manager, presented the staff report. (01:05:36)
Dean Spanos, owner and Kimberly Layton, Vice President of External Affairs,
representing the Chargers, spoke on the item. (01:23:14)
Discussion ensued on a point person hotline, limitation on sound and hours of
operation, and re -arbitration mediation. (01:29:05)
Discussion ensued on the Chargers usage rent. (01:37:37)
Public Comments:
Tim Lewis, Costa Mesa, spoke on the park fee, bleachers, food trucks, security and
city staff involvement. (01:40:04)
Vicki Snell, Costa Mesa, spoke in support of the item; and spoke on the dedicated
use of fields; the agreement and mitigations for sound and lights. (01:42:15)
Cindy Brenneman, Costa Mesa spoke in support of the item. (01:44:59)
Jose Delgado, Costa Mesa, spoke in support of the item; and spoke on parking and
traffic impacts, security, and impacts to Costa Mesa High School aquatics and swim
programs. (01:45:37)
Speaker, spoke in support of the item; and spoke on traffic concerns and a plan for
the revenues. (01:48:28)
Dave Goodman, Costa Mesa, spoke in support of the item. (01:50:55)
John Merrill, Costa Mesa, spoke in support of the item. (01:53:16)
Karl Ahlf, Costa Mesa, spoke in support of the item. (01:54:19)
Tom Johnson, Costa Mesa Chamber of Commerce President, spoke in support of
the item. (01:55:39)
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Will B. King, Costa Mesa, spoke in support of the item. (01:59:11)
Steve Rosansky, Newport Beach Chamber of Commerce President, spoke in
support of the item. (02:00:49)
Beth Refakes, spoke about her concerns with the item. (02:02:41)
Leonard Glickman, spoke in support of the item. (02:05:28)
Vince Rodriguez, AYSO 120 Costa Mesa Soccer Commissioner, spoke in support
of the item but had some concerns. (02:05:28)
Speaker, spoke about his concerns with the item. (02:10:07)
Sean Patterson, AAU President, spoke in support of the item. (02:13:08)
Brett Woods, Costa Mesa, spoke in support of the item. (02:14:19)
Lisa Reedy, Costa Mesa, spoke in support of the item. (02:15:12)
Brett Eckles, Costa Mesa, spoke in support of the item. (02:15:41)
Speaker, spoke in support of the item. (02:18:19)
Public Comments Closed.
Council Member Righeimer spoke in support of the item. (02:20:40)
Council Member Stephens spoke in support of the item. (02:24:40)
Council Member Mansoor spoke in support of the item. (02:26:25)
Mayor Pro Tem Genis spoke in support of the item. (02:27:03)
MOVED/SECOND: Council Member Stephens/Council Member Mansoor
MOTION: Approve the Use Agreement for the Los Angeles Chargers with the
following additions: specify the hours of daily operation with flexibility to deviate
with the written approval of City staff, a mediation provision, and a Chargers
representative as a point of contact. (02:19:54)
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, and Mayor Pro Tem Genis.
Nays: None
Absent: None
Abstain: Mayor Foley
Motion carried: 4-0-0-1
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ACTION:
City Council approved and authorized the City Manager to execute the Use
Agreement for the Los Angeles Chargers to use the City's Jack Hammett Sports
Complex for their annual summer training camp and related NFL Experience
events which includes the opportunity for the community to view practices and
included the following additions: specify the hours of daily operation with flexibility
to deviate with the written approval of City staff, a mediation provision, and a
Chargers representative as a point of contact.
City Council recessed into a break at 8:41 p.m. (02:27:20)
The Mayor returned to the meeting and City Council reconvened at 8:53 p.m.
(02:39:05)
THE CITY COUNCIL RESUMED THE MEETING IN ORDER WITH THE ITEMS
REMOVED FROM THE CONSENT CALENDAR:
1. READING FOLDER (02:39:17)
Claims received by the City Clerk: Queena Chuang, Jerika W. Glatt, Rex
Hardesty, Pamela Hibbs, Yong Kyu Lim, Zahrah Math, Omar Ortiz, Cecil V.
Patterson, and Gil Pichon Sanchez.
Public Comments:
Will B. King spoke on lawsuits. (02:39:27)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council received and filed.
4. CITY HALL - PURCHASE, REMOVAL, AND INSTALLATION OF PUBLIC
ADDRESS SYSTEM
Public Comments:
Will B. King spoke on the traffic lights. (02:42:40)
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MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved and authorized the City Manager to execute a purchase
order with SimplexGrinnell LP, 12728 Shoemaker Avenue, Santa Fe Springs, CA
90670, for the removal, purchase, and installation of a Simplex 5100 Series
Communication System, through the National Joint Powers Alliance (NJPA)
Contract #031913 -SGL Facility Security & Related Services, in the amount of
$110,607.74.
6. REMOVAL AND INSTALLATION OF RUBBER PLAYGROUND SAFETY
SURFACE AT TEWINKLE PARK, ANGELS PLAYGROUND
Public Comments:
Will B. King spoke on the item. (02:42:59)
MOVED/SECOND: Council Member Mansoor/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council authorized the City Manager to execute a purchase order with No Fault
Sports Group, LLC, 3112 Valley Creek Drive, Suite C, Baton Rouge, LA 70808 for
the removal, purchase and installation of new rubber playground safety surface at
Angels Playground located in Tewinkle Park through the National Joint Powers
Alliance (NJPA) Contract # 082114-NFS, Playground and Athletic Surfacing, in the
amount of $123,705.
7. FIREARMS PURCHASE WITH PROFORCE (02:43:45)
Public Comments:
Will B. King spoke on the item. (02:43:47)
Karl Ahlf, Costa Mesa, spoke in support of the item. (02:45:02)
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MOVED/SECOND: Council Member Stephens/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved and authorized the City Manager to execute a purchase
order with ProForce Law Enforcement, 3009 North Highway 89, Prescott, AZ, for
the purchase of firearms and accessories to include magazines, holsters and
lights, for $84,565.68.
8. APPROVE GRANT WRITING AND ADVOCACY SERVICES AGREEMENT
WITH TOWNSEND PUBLIC AFFAIRS (02:46:09)
Council Member Mansoor requested staff provide an update after 1 year.
(02:46:10)
Mayor Pro Tem Genis spoke on grant writing and advocacy services. (02:48:03)
Public Comments:
Will B. King, spoke in opposition the item. (02:48:36)
John Merrill, Costa Mesa, spoke in support of the item. (02:50:25)
MOVED/SECOND: Council Member Stephens/Council Member Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved grant writing and Advocacy Services Agreement with
Townsend Public Affairs in the amount of $50,000 per year; and
2. Authorized the City Manager to execute agreement; and
3. Authorized the City Manager to approve and execute non-financial
amendments to this agreement.
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PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (02:53:06)
1. APPEAL OF PLANNING COMMISSION'S DECISION TO DENY A ONE-YEAR
TIME EXTENSION FOR PLANNING APPLICATION PA -15-08 AND PARCEL
MAP 2015-108 APPROVED FOR CONSTRUCTION AND SUBDIVISION OF A
FOUR UNIT DETACHED RESIDENTIAL DEVELOPMENT AT 2068 MAPLE
AVENUE (02:53:09)
Minoo Ashabi, Principal Planner, presented the staff report. (02:53:35)
Discussion ensued on the final map approval timeline and setback. (03:00:18)
Desmond Collins, attorney representing the owner, spoke on the project,
timeline, and good cause. (03:02:25)
Discussion ensued on communication between the owners and Ms. Ashabi and
the extension of time. (03:18:05)
Public Hearing Opened:
Tim Lewis, Costa Mesa, spoke in support of the item. (03:33:04)
Speaker, spoke against the item. (03:35:24)
Speaker, spoke against the item. (03:37:31)
Will B. King, spoke in support of the item. (03:38:34)
Speaker, spoke against the item. (03:40:13)
Public Hearing Closed.
Council Member Stephens made a motion to uphold the Planning Commission's
decision to deny the extension. (03:43:39)
Mayor Pro Tem Genis seconded the motion and spoke on the issue. (03:43:50)
SUBSTITUTE MOTION/SECOND: Council Member Mansoor/Council Member
Righeimer. (03:46:00)
SUBSTITUTE MOTION: To reverse the Planning Commission's decision to deny
the proposed one-year time extension for the project.
Council Member Mansoor spoke in support of the time extension. (03:46:03)
Mayor Foley spoke on the issue. (03:47:39)
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Council Member Stephens spoke in support of his motion. 03:51:25)
Council Member Righeimer spoke on the issue. (03:56:29)
AMENDED SUBSTITUTE MOTION/SECOND: Council Member
Mansoor/Council Member Righeimer (03:56:08)
AMENDED SUBSTITUTE MOTION: To reverse the Planning Commission's
decision to deny the proposed one-year time extension for the project and grant a 6
month time extension.
The motion failed by the following roll call vote:
Ayes: Council Member Mansoor and Council Member Righeimer.
Nays: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Motion failed: 2-3
MOVED/SECOND: Council Member Stephens/Mayor Pro Tem Genis (04:00:18)
ORIGINAL MOTION: To uphold the Planning Commission's decision to deny the
proposed one-year time extension for the project.
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
City Council upheld the Planning Commission's decision to deny the proposed one-
year time extension for the project, described below:
1. Planning Application PA -15-08 — Urban Master Plan for development of a
four -unit detached residential project on a vacant parcel within an Urban Plan
area; and
2. Tentative Parcel Map 2015-108 — Subdivision of a 0.235 -acre property into
four fee -simple parcels in compliance with small lot subdivision standards.
OLD BUSINESS: NONE
NEW BUSINESS:
2. CONSIDERATION OF
DISTRICT FOR THE
PROGRAM (04:01:07)
DIRECT PARTNERSHIP WITH THE SCHOOL
SPORTS FACILITY IMPROVEMENTS GRANT
Dan Baker, Assistant to the City Manager, presented the staff report. (04:01:23)
Discussion ensued on Costa Mesa United. (04:04:55)
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Public Comments:
Gordon Bowley, Costa Mesa, spoke on the item. (04:21:33)
Vicki Snell, Newport Mesa Unified School District Board Vice President, read a
statement and spoke on the item. (04:23:20)
Public Comments Closed.
Council Member Righeimer spoke in opposition to the item. (04:30:00)
MOVED: Council Member Stephens (04:32:30)
MOTION: To approve the recommended actions.
Motion died due to lack of a second.
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens (04:33:42)
MOTION: To adopt Resolution No. 17-20, authorizing City staff to work directly
with the Newport -Mesa Unified School District in the administration of the Facility
Improvements Grant Program and approve that any money be allocated on an
alternating basis between Costa Mesa elementary schools and local high
schools, and City staff to work with NMUSD on equitable allocation of the funds.
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
Mayor Pro Tem Genis spoke in support of the motion. (04:37:38)
Council Member Stephens spoke in support of the motion. (04:39:04)
Mayor Foley spoke in support of the motion. (04:50:06)
Council Member Mansoor spoke in opposition to the motion. (04:54:10)
ACTION:
1. City Council adopted Resolution No. 17-20, authorizing City staff to work
directly with the Newport -Mesa Unified School District in the administration of
the Facility Improvements Grant Program; and
2. Approved that any money be allocated on an alternating basis between Costa
Mesa elementary schools and local high schools, and City staff to work with
NMUSD on equitable allocation of the funds.
The City Council recessed into a break at 11:10 p.m. (04:55:49)
The City Council reconvened at 11:18 p.m. (05:03:40)
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3. NEW COSTA MESA COMMITTEES (05:03:48)
Brenda Green, City Clerk, presented the staff report. (05:04:03)
Council Member Righeimer spoke on against combining the committees at this
time. (05:09:20)
Mayor Pro Tem Genis spoke on concerns regarding the Fairview Park Steering
Committee. (05:11:00)
Mayor Foley spoke on Measure Z. (05:17:00)
Public Comments:
Vicki Snell, read a statement and spoke on the Youth Sports Committee. (05:18:57)
Brett Eckles, Costa Mesa, spoke on concerns regarding the Youth Sports, Open
Space & Recreation Advisory Committee. (05:21:22)
Ralph Taboada, Costa Mesa, spoke on the Fairview Park Steering Committee.
(05:25:22)
Gordon Bowley, Costa Mesa, spoke on the Youth Sports Committee and Costa
Mesa United. (05:27:27)
Speaker, spoke on the Youth Sports Committee meetings and aquatics. (05:30:33)
Public Comments Closed.
Discussion ensued on Fairview Park and changes to the Fairview Park Master Plan
(05:31:03)
Discussion ensued on Youth Sports Committee and Costa Mesa United. (05:34:14)
MOVED/SECOND: Mayor Pro Tem Genis/ Mayor Foley
MOTION: To continue the meeting past midnight. (05:48:04)
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis and Mayor Foley.
Nays: Council Member Righeimer
Absent: None
Motion carried: 4-1
ACTION:
City Council approved to continue the meeting past midnight.
The City Council provided directions on the following committee formations:
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Open Space and Recreation Advisory Committee
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To receive and file and bring the item back when $20,000 is in the
account. (05:53:01)
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer and Council Member
Stephens.
Nays: Mayor Pro Tem Genis and Mayor Foley.
Absent: None
Motion carried: 3-2
ACTION:
City Council received and filed and approved to bring the item back when $20,000
is in the account.
Youth Sports Committee
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To receive and file. (05:53:50)
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Foley.
Nays: Council Member Stephens and Mayor Pro Tem Genis
Absent: None
Motion carried: 3-2
ACTION:
City Council received and filed.
The Youth Sports, Open Space & Recreation Advisory Committee
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis
MOTION: To approve the Youth Sports, Open Space & Recreation Advisory
Committee and adopt Resolution No. 17-19 with certain changes and additions.
(05:55:56)
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
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ACTION:
City Council approved the Youth Sports, Open Space & Recreation Advisory
Committee and adopted Resolution No. 17-19 (Option 1) as follows:
"A Resolution of the City Council of the City of Costa Mesa, California establishing
the Youth Sports, Open Space & Recreation Advisory Committee which shall
encompass the Open Space and Recreation Advisory Committee (OSRAC)
pursuant to Costa Mesa Measure Z, known as the Measure for Sensible
Community Development and Development -Funded Open Space and Recreation.
The Committee shall consist of seventeen (17) members. The Committee shall
meet bi-monthly. Seven (7) of the members are set by Ordinance (Measure Z,
adopted 11-8-16) known as the OSRAC:
1. The Mayor.
2. One (1) City Councilmember chosen by a majority of the City Council.
3. One (1) representative of a Costa Mesa flag football organization chosen by a
majority of the City Council.
4. One (1) representative of a Costa Mesa youth baseball organization chosen
by a majority of the City Council.
5. One (1) representative of a Costa Mesa youth soccer organization chosen by
a majority of the City Council.
6. One (1) representative of the Newport Mesa Unified School District
("NMUSD") chosen by a majority vote of the NMUSD trustees.
7. One (1) member from a properly formed and actively operating California
corporation whose primary focus is issues of environmental concern chosen
by a majority of the City Council
The remaining Committee members include:
8. One (1) representative of the Costa Mesa Chamber of Commerce.
9. One (1) representative of a new development located North of the 1-405
freeway and West of Fairview impacted by the new Open Space and Public
Park Impact Fee, as selected by the Chamber of Commerce.
10. One (1) representative from the American Youth Soccer Organization Region
120 or Region 97 ratified by a majority of the City Council.
11. One (1) representative from a Newport -Mesa Soccer Club ratified by a
majority of the City Council.
12. One (1) representative from the California Youth Soccer League ratified by a
majority of the City Council.
13. One (1) representative from the Costa Mesa Amateur Athletic Association or
Pop Warner Football ratified by a majority of the City Council.
14. One (1) representative from Costa Mesa Pony Baseball ratified by a majority
of the City Council.
15. One (1) representative from the Athletic Department from either Costa Mesa
High School or Estancia High School ratified by a majority of the City Council.
16. One (1) representative from either the American Little League or National
Little League ratified by a majority of the City Council.
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17. One (1) representative, who is a Costa Mesa resident affiliated with a sport
such as: soccer, football, baseball, softball, volleyball, golf, swimming,
gymnastics, track & field, tennis, cheerleading, dance, boxing and/or wrestling
ratified by a majority of the City Council.
Fairview Park Steering Committee
Council Member Righeimer spoke against the motion. (06:20:15)
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens
MOTION: To approve the Fairview Park Steering Committee with seven voting
members and two alternates, serving staggered four-year terms and selected by
the City Council at -large; one City Council liaison and up to two Parks &
Recreation Commission liaisons, both selected by the presiding officer of each
body. (06:17:23)
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
City Council approved the Fairview Park Steering Committee with seven voting
members and two alternates, serving staggered four-year terms and selected by
the Council at -large; one City Council liaison and up to two Parks & Recreation
Commission liaisons, both selected by the presiding officer of each body.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (06:20:39) - NONE
REPORT — CITY MANAGER (06:20:45) - NONE
REPORT — CITY ATTORNEY (06:20:50) - NONE
ADJOURNMENT (06:20:52) — The Mayor adjourned the meeting at 12:35 a.m.
Minutes adopted on this 18th day of July, 2017.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
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REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
APRIL 18, 2017
CALL TO ORDER
The Closed Session meeting was called to order by the Mayor at 4:01 p.m. in the
Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Mansoor (arrived at 4:05 p.m.), Council Member
Righeimer (arrived at 4:05 p.m.), Council Member Stephens, Mayor Pro
Tem Genis, and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
The City Council recessed to Conference Room 5A at 4:05 p.m. for Closed Session to
consider the following items:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Subdivision (a) of Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Fire Management Association
(CMFMA)
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Subdivision (a) of Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: David William Palmblade and Judith Darlene Palmblade v. City of
Costa Mesa, Orange County Superior Court Case No. 30-2016-00841782-CU-
BC-CJC.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Timothy Dadey, et al. v. City of Costa Mesa, Orange County
Superior Court, Case No. 30-2014-00757962-CU-CR-CJC.
The City Council reconvened at 6:04 p.m.
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CALL TO ORDER (00:00:10)
The meeting was called to order by the Mayor at 6:04 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:28) Council Member Righeimer
MOMENT OF SOLEMN EXPRESSION (00:00:46)
Pastor Jim Turrell, The Center for Spiritual Living Newport Mesa
ROLL CALL (00:01:28)
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, Mayor Foley.
Absent: None
Officials Present: City Manager Tom Hatch, Deputy City Attorney Tarquin Preziosi,
Assistant City Manager Richard Francis, Assistant City Manager Tamara Letourneau,
Development Services Department Consultant Jay Trevino, Public Services Director
Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:01:40) - NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
Council Member Stephens stated he spoke with Mark Martinez, from the Firefighters
Association, about process. (00:01:58)
Mayor Foley stated she spoke with the bargaining unit about priorities. (00:02:26)
ANNOUNCEMENTS (00:02:48)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:05:43)
Barrie Fisher, Costa Mesa, thanked Mr. Hatch for the cleanup of the Veterans Memorial
bricks. (00:06:08)
Flo Martin, Costa Mesa, spoke on Green Coast Day on April 19, 2017 at Orange Coast
College. (00:07:36)
Dorothy McNiff, Costa Mesa, spoke on parking at 411 E. 17th Street. (00:09:16)
Chairman Nick Berardino and CEO Kathy Kramer, of the Orange County Fair,
presented the City Council with Commemorative Coins for the opening of the Heroes
Hall. (00:11:07)
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Tamar Goldmann, Costa Mesa, spoke on parking standards. (00:14:07)
Frank Larson, Costa Mesa, spoke on urban coyotes tracking system. (00:16:08)
Ken Martin, Costa Mesa, spoke on labor negotiations; sober living homes issues; and
support of Costa Mesa United. (00:17:49)
Wendy Leece, Costa Mesa, spoke on the Costa Mesa Community Run on April 22,
2017; supports permanent fencing around the Fairview Park vernal pools; and removal
of overlays and the Small Lot Ordinance. (00:19:47)
Speaker, spoke on the agenda; and transparency. (00:22:07)
Cindy Black, Costa Mesa, spoke on group home properties at 686 Park Drive, 685 18th
Street, 679 18th Street, and 1798 Pomona Avenue. (00:25:20)
Cindy Brenneman, Costa Mesa, spoke on the Planning Commissioner appointments.
(00:28:53)
Robin Leffler, Costa Mesa, spoke on Costa Mesa United funding; and revisiting the
Newport Harbor overlay and Small Lot Ordinance. (00:31:28)
Speaker, spoke on transparency and security at Costa Mesa City Hall. (00:34:09)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:37:19)
Council Member Righeimer spoke on ex -parte communications with the bargaining
units. (00:37:24)
Council Member Mansoor spoke in opposition to the state tax increases; spoke on
coyote issues; the agenda; Veterans Memorial bricks; and thanked Mr. Hatch.
(00:39:13)
Mayor Foley spoke on addressing various issues; and reported on the trip to Haven for
Hope in San Antonio, TX. (00:42:37)
Mayor Pro Tem Genis spoke on Vector Control aerial drops; coyote issues; and Roberts
Rules of Order. (00:46:16)
Council Member Stephens spoke on the homeless meeting; reported on the trip to
Haven for Hope in San Antonio, TX; and ex -parte communications. (00:49:24)
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CONSENT CALENDAR (00:52:16)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 10
except for 2, 5, 7, and 10.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
1. READING FOLDER
Claims received by the City Clerk: Tim Macy, Kirk Owens, and Rae Payne.
ACTION:
City Council received and filed.
3. MINUTES OF THE SPECIAL AND REGULAR CITY COUNCIL, HOUSING
AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY MEETINGS
ACTION:
City Council approved the minutes of January 24, 2017, January 31, 2017 and
February 7, 2017.
4. APPROVE RESOLUTION FOR THE APPLICATION OF GRANT FUNDS FOR
THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR
THE TIER 1 WATER QUALITY BMP INSTALLATION PROJECT
ACTION:
1. City Council approved Resolution No. 17-31 for the submittal of a grant
application to the Orange County Transportation Authority (OCTA) for the
City's Tier 1 Water Quality BMP Installation Project; and
2. Authorized the Public Services Director as the City's representative.
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6. PURCHASE EMERGENCY GENERATOR UNITS FOR THE FOLLOWING
FACILITIES: POLICE DEPARTMENT, FIRE STATION NO. 4 AND
CORPORATION YARD
ACTION:
City Council approved the purchase request in the amount of $501,868.09 for the
purchase of three (3) emergency generators to be installed at the Police
Department facility, Fire Station No. 4 and the Corporation Yard from Quinn Powers
Systems, 801 Del Norte Boulevard, Oxnard, CA, 93030.
8. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF JULY 4,
2017
ACTION:
City Council approved the cancellation of the regularly scheduled meeting to be held
on July 4, 2017.
9. FIRE STATION ALERTING SYSTEM REPLACEMENT
ACTION:
City Council approved and authorized the City Manager to execute the Purchase
Request for the replacement of the current, non-functioning, Fire Department
Alerting System with WESTNET First -In Alerting Systems, 15542 Chemical Lane,
Huntington Beach CA, 92649. The total net purchase cost, including taxes shall be
$369,497.78.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2575 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-06 "A" FOR $0.00
AND 17-07 FOR $2,263,423.58; AND CITY OPERATING EXPENSES FOR
$1,374,215.53; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID (00:53:00)
Public Comments:
Speaker, spoke on the I.T. contract. (00:53:09)
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
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ACTION:
City Council approved Warrant Resolution No. 2575.
5. REQUEST FOR SALE, SERVICE AND CONSUMPTION OF BEER, WINE AND
LIQUOR BEVERAGES AT SENIOR CENTER, 695 W. 19th STREET, COSTA
MESA (00:55:25)
Public Comments:
Beth Refakes, Costa Mesa, spoke on the Freedom Committee meetings at the
Downtown Recreation Center. (00:56:15)
Cindy Brenneman, Costa Mesa, spoke on the Freedom Committee meetings;
and spoke in opposition to the item. (00:59:16)
Speaker, spoke in opposition to the item. (01:01:45)
Vida Velez, Costa Mesa, spoke on the issue. (01:03:27)
Public Comments Closed.
Justin Martin, Recreation Manager, spoke on the issue. (01:04:11)
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the request for the sale, service, and consumption of beer,
wine and liquor beverages at the Costa Mesa Senior Center for the duration of
time in which the Neighborhood Community Center (NCC) is closed during the
Lions Park Projects.
7. RECORDS RETENTION POLICY AND SCHEDULE (01:09:42)
Public Comments:
Speaker, spoke on public records requests and keeping records. (01:09:51)
Public Comments Closed.
Brenda Green, City Clerk, spoke on the item. (01:11:40)
MINUTES -REGULAR MEETING -April 18,2017- PAGE 6
10.
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MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council adopted Resolution No. 17-32, approving the updated records
retention schedule.
FIRST AMENDMENT TO LEASE AGREEMENT WITH STC ONE LLC (01:14:56)
Council Member Righeimer recused himself and stepped down from the dais and
left the Council Chambers due to a potential conflict of interest of dealing with cell
towers. (01:15:05)
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: None
Abstain: Council Member Righeimer
Motion carried: 4-0-0-1
ACTION:
City Council approved the First Amendment to the Lease Agreement with STC
ONE LLC, a Delaware limited liability company, registered in California as TOWER
COMPANY ONE LLC, for the cell tower located at the Costa Mesa Golf Course.
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PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 01:15:41
1. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE SECOND
PUBLIC HEARING OF THE ADOPTION OF THE SALARY & BENEFIT
RESOLUTION BETWEEN THE CITY OF COSTA MESA AND THE COSTA
MESA DIVISION MANAGERS ASSOCIATION (CMDMA), SALARY & BENEFIT
RESOLUTION FOR UNREPRESENTED EXECUTIVES, AND SALARY &
BENEFIT RESOLUTION FOR CONFIDENTIAL EXECUTIVE EMPLOYEES
AND ADOPT THE EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
SAFETY EXECUTIVE RESOLUTION (01:15:52)
Tamara Letourneau, Assistant City Manager, presented the Staff Report.
(01:16:19)
No public comments on the item.
Council Member Righeimer spoke to not supporting the item. (01:20:07)
Council Member Mansoor spoke to not supporting the item. (01:21:02)
Mayor Foley spoke to supporting the item. (01:22:02)
MOVED/SECOND: Council Member Stephens/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
1. City Council held the second public hearing as required by COIN; and
2. Adopted Resolution No. 17-25, which implements salary range increases for
Unrepresented Executive employees; and
3. Adopted Resolution No. 17-26, which implements salary range increases for
CMDMA represented Executive employees; and
4. Adopted Resolution No. 17-27, which implements salary range increases for
Confidential Executive employees; and
5. Adopted Resolution No. 17-28, for reporting the value (0%) of Employer Paid
Member Contribution (EPMC) relating to Safety Executive employees.
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2. CODE AMENDMENT CO -17-02 TO AMEND SECTIONS OF TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE (PLANNING, ZONING AND
DEVELOPMENT), RELATING TO GROUP HOMES, RESIDENTIAL CARE
FACILITIES, AND REASONABLE ACCOMMODATION; AND
CODE AMENDMENT CO -17-02 TO AMEND VARIOUS SECTION OF TITLE 9
OF THE COSTA MESA MUNICIPAL CODE REGARDING OPERATOR'S
PERMITS FOR GROUP HOMES OF SEVEN OR MORE LOCATED IN THE
CITY'S MULTI -FAMILY ZONES (01:22:50)
Sheri Vander Dussen, Interim Assistant Development Services Director,
Community Improvement Division, presented the Staff Report. (01:23:36)
Public Hearing Opened.
Barrie Fisher, Costa Mesa, spoke in support of the Planning Commission's
recommendations to keep the current Conditional Use Permit (CUP) process in
place. (01:39:24)
Bradley Morriset, spoke on being disabled and evicted from a sober living home.
(01:43:48)
Wendy Leece, Costa Mesa, spoke on non -enforcement of the ordinance; and
the City of Newport Beach group home process. (01:49:33)
Speaker, spoke on the group homes in Costa Mesa and in opposition to a Minor
CUP process. (01:52:49)
Speaker, expressed concern on the group home process and supports the
current ordinance; and is opposed to a minor CUP process. (01:55:25)
Cindy Black, Costa Mesa, spoke in opposition to a minor CUP process; and
supports the Planning Commission's recommendations. (01:58:20)
Robin Leffler, Costa Mesa, spoke in opposition to a minor CUP process and
Special Use Permits (SUPs) without a hearing. (02:00:58)
Speaker, spoke in opposition to a minor CUP; spoke on transparency; and sober
living homes. (02:03:34)
Speaker, spoke on the operators; supports the Planning Commission's
recommendations; and the City of Newport Beach group home process.
(02:06:49)
Ralph Taboada, Costa Mesa, spoke on transparency; and inquired on the
initiation of Sober Living Homes ordinances. (02:09:52)
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Speaker, spoke on the proliferation of sober living homes. (02:10:36)
Public Hearing Closed.
Mayor Foley spoke on the initiation of the item and addressing concerns.
(02:13:43)
Discussion ensued on parolee regulations. (02:16:29)
Mayor Pro Tem Genis spoke on requiring operators to provide transportation to
other facilities; and providing notification to residents. (02:17:26)
Council Member Righeimer spoke on enforcement, current ordinance, and
initiation of the item. (02:20:13)
Discussion ensued on Special Use Permit (SUP) procedure. 02:23:20)
Mayor Foley spoke on the analysis and comparison to the City of Newport Beach
ordinance. (02:33:23)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: Introduce for first reading Ordinance No. 17-05, to be read by title only,
and further reading waived, adopting Code Amendment CO -17-02 to amend
various sections of Title 13 of the Costa Mesa Municipal Code regarding group
homes and reasonable accommodation, as recommended by the Planning
Commission, but changing the notification from 24 to 48 hours and adding the
language pertaining to "all drivers of vehicles picking up or dropping off persons at a
group home shall comply with all applicable provisions of the Vehicle Code".
(03:08:34)
Discussion ensued on including additional modifications, providing transportation
available to facilities, providing noticing to all owners and occupants of
properties within 500 feet, and discretion for the Planning Commission and City
Council. (03:13:02)
SUBSTITUTE MOTION/SECOND: Council Member Stephens/Mayor Pro Tem
Genis
SUBSTITUTE MOTION: To combine the public hearings for the two code
amendments into a single hearing and introduce for first reading Ordinance No.
17-05, to be read by title only, and further reading waived, adopting Code
Amendment CO -17-02 to amend various sections of Title 13 of the Costa Mesa
Municipal Code regarding group homes and reasonable accommodation, as
recommended by the Planning Commission, with the following changes and
additions:
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• Before approving or denying a Special Use Permit, the City will provide notice to
all owners and occupants of properties within 500 feet of the subject property as
well as an opportunity for a hearing to receive input from the public regarding
issuance of the Permit.
• Only the Planning Commission and City Council may approve deviations to the
minimum separation of 650 feet between group homes and licensed alcohol and
drug treatment facilities, unless a reasonable accommodation has been
approved pursuant to Federal requirements.
• At least 48 hours before evicting a resident, operators will need to notify the
resident's emergency contact and provide transportation to their permanent
address. The operator must also contact county and city social services
agencies to determine what services are available and provide this information in
writing to the resident. If the resident has no home to return to or otherwise
refuses transportation home, the operator must provide transportation to another
facility if a bed is available.
• Operators must disclose partners and owners if a facility is operated by an entity
other than an individual. Operators must also disclose their permit history in this
and other jurisdictions, revealing any past permit revocations.
• The Council retained the requirement for operators of facilities serving seven or
more residents to obtain a Conditional Use Permit from the Planning
Commission.
• Group home operators are obligated to comply with all applicable provisions of
the California Vehicle Code, such as those related to parking, stopping and
licensure.
Council Member Stephens spoke on the Substitute Motion of granting the
Planning Commission and City Council the discretion on deviating from the 650
feet between group homes and licensed alcohol and drug treatment facilities.
(03:37:20)
Council Member Righeimer spoke to not supporting the Substitute Motion.
(03:42:47)
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
1. City Council conducted the public hearings for the two code amendments;
and
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2. Introduced for first reading Ordinance No. 17-05, read by title only, and
further reading waived, adopting Code Amendment CO -17-02 to amend
various sections of Title 13 of the Costa Mesa Municipal Code regarding group
homes and reasonable accommodation, as recommended by the Planning
Commission with the following changes and additions:
• Before approving or denying a Special Use Permit, the City will provide notice to
all owners and occupants of properties within 500 feet of the subject property as
well as an opportunity for a hearing to receive input from the public regarding
issuance of the Permit.
• Only the Planning Commission and City Council may approve deviations to the
minimum separation of 650 feet between group homes and licensed alcohol and
drug treatment facilities, unless a reasonable accommodation has been
approved pursuant to Federal requirements.
• At least 48 hours before evicting a resident, operators will need to notify the
resident's emergency contact and provide transportation to their permanent
address. The operator must also contact county and city social services
agencies to determine what services are available and provide this information in
writing to the resident. If the resident has no home to return to or otherwise
refuses transportation home, the operator must provide transportation to another
facility if a bed is available.
• Operators must disclose partners and owners if a facility is operated by an entity
other than an individual. Operators must also disclose their permit history in this
and other jurisdictions, revealing any past permit revocations.
• The Council retained the requirement for operators of facilities serving seven or
more residents to obtain a Conditional Use Permit from the Planning
Commission.
• Group home operators are obligated to comply with all applicable provisions of
the California Vehicle Code, such as those related to parking, stopping and
licensure.
MOVED/SECOND: Mayor Foley/Council Member Stephens
MOTION: Introduced for first reading Ordinance No. 17-06, to be read by title only,
and further reading waived, adopting Code Amendment CO -17-02 to amend
various sections of Title 9 of the Costa Mesa Municipal Code regarding operator's
permits for group homes of seven or more located in the MFR Zones with the with
the following changes and additions: (03:49:05)
• At least 48 hours before evicting a resident, operators will need to notify the
resident's emergency contact and provide transportation to their permanent
address. The operator must also contact county and city social services
agencies to determine what services are available and provide this information in
writing to the resident. If the resident has no home to return to or otherwise
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refuses transportation home, the operator must provide transportation to another
facility if a bed is available.
• Operators must disclose partners and owners if a facility is operated by an entity
other than an individual. Operators must also disclose their permit history in this
and other jurisdictions, revealing any past permit revocations.
• Group home operators are obligated to comply with all applicable provisions of
the California Vehicle Code, such as those related to parking, stopping and
licensure.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. Introduced for first reading Ordinance No. 17-06, read by title only, and further
reading waived, adopting Code Amendment CO -17-02 to amend various
sections of Title 9 of the Costa Mesa Municipal Code regarding operator's
permits for group homes of seven or more located in the MFR Zones with the
following changes and additions:
• At least 48 hours before evicting a resident, operators will need to notify the
resident's emergency contact and provide transportation to their permanent
address. The operator must also contact county and city social services
agencies to determine what services are available and provide this
information in writing to the resident. If the resident has no home to return to
or otherwise refuses transportation home, the operator must provide
transportation to another facility if a bed is available.
• Operators must disclose partners and owners if a facility is operated by an
entity other than an individual. Operators must also disclose their permit
history in this and other jurisdictions, revealing any past permit revocations.
• Group home operators are obligated to comply with all applicable provisions of
the California Vehicle Code, such as those related to parking, stopping and
Mayor Foley requested staff to come back with a report pertaining to the
collection of Transient Occupancy Tax. (03:50:24)
Council Member Righeimer requested clarification regarding R1 restrictions and
the Orange County Sheriff Certification. (03:50:24)
City Council recessed into a break at 9:55 p.m. (03:52:05)
City Council reconvened at 10:08 p.m. (04:04:34)
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3. FEES TO PROCESS APPLICATIONS FOR MEDICAL MARIJUANA
BUSINESSES ALLOWED PURSUANT TO MEASURE X (04:04:31)
Richard Francis, Assistant City Manager, presented the Staff Report. (04:04:44)
Public Hearing Opened.
Jim Fitzpatrick, Costa Mesa, spoke on the 6% tax rate and expediting the
permitting process. (04:08:32)
Vida Velez, Costa Mesa, spoke on education and cost of permits. (04:11:58)
Robert Taft, Costa Mesa, spoke in support of the fees, expediting the
permitting process and applying for building permits. (04:15:39)
Speaker, spoke on code enforcement, issuing permits, and processing
background checks. (04:21:09)
Public Hearing Closed.
Discussion ensued on Development fees. (04:23:00)
Council Member Righeimer spoke in support of the item. (04:26:23)
Council Member Stephens spoke in support of the motion. (04:28:37)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council adopted Resolution No. 17-30, setting fees for the following
applications required to allow medical marijuana businesses pursuant to Measure
X:
a. Medical Marijuana Business Permit - $21,525.00
b. Conditional Use Permit - $27,508.00
c. Appeal regarding Conditional Use Permit - $3,915.00
d. Medical Marijuana Business Background Check - $341.00
e. Police Dept. LiveScan fees - $59.00
f. Optional fees background checks - $300.00
OLD BUSINESS: NONE
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NEW BUSINESS: (04:29:38)
1. ADOPTION OF AN URGENCY ORDINANCE AND FIRST READING OF AN
ORDINANCE REAUTHORIZING THE COLLECTION OF A FEE TO SUPPORT
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ("PEG") CHANNEL
FACILITIES WITHIN THE CITY (04:29:49)
Dane Bora, Public Affairs Manager, presented the Staff Report. (04:30:05)
No public comments on the item.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council waived full reading and adopted, by four-fifths vote, Urgency
Ordinance No. 17-07, reauthorizing the public, educational, and governmental
fee on state video franchisees operating within the City; and
2. Gave first reading to Ordinance No. 17-08, read by title only, and further
reading waived, reauthorizing the public, educational, and governmental fee
on state video franchisees operating within the City.
2. AMBULANCE TRANSPORTATION FOR THE CITY OF COSTA MESA (04:31:48)
Daniel Stefano, Fire Chief, presented the Staff Report. (04:32:30)
Public Comments:
Flo Martin, Costa Mesa, spoke in support of the item. (04:50:49)
Ralph Taboada, Costa Mesa, spoke on the five options for ambulance transport;
and supports option 2 from 2015. (04:51:38)
Speaker, spoke in support of the item. (04:54:48)
Beth Refakes, Costa Mesa, would like the item reviewed by the Finance and
Pension Advisory Committee. (04:55:50)
Robin Leffler, Costa Mesa, spoke on the issue and requested clarity on several
items and changes. (04:59:00)
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Discussion ensued on the State homeless reimbursement program, billing structure
and cost recovery. (05:02:20)
Council Member Righeimer made a motion and spoke in support of the item.
(05:22:53)
Mayor Pro Tem Genis spoke in support of the motion and review by the Finance and
Pension Advisory Committee. (05:25:35)
Council Member Righeimer spoke on using the math on page 19. (05:26:13)
Mayor Foley spoke in support of the motion. (05:27:05)
MOVED/SECOND: Council Member Righeimer/Mayor Foley
MOTION: To approve the recommended actions with the following additions:
a. To ensure that the City is meeting or exceeding cost recovery expectations, an
initial six-month evaluation to review the cost recovery projections will be initiated,
followed by another six-month evaluation and then subsequent regular quarterly
evaluations.
b. After the first year evaluation, if the cost recovery revenue is not within 10% of
the consultant's projections, the Fire Chief will bring the findings to the City
Council for review, discussion, and evaluation.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council reviewed and approved the recommended and updated option of
the public/private partnership ambulance transportation model (e.g., 2017
consultant report supplement - option #3); and
2. Approved and authorized the City Manager to allocate an amount not to exceed
$100,000 for the comprehensive administration and facilitation of the Request
For Proposals (RFP) processes for both ambulance and billing services,
respectively; and
3. Approved and authorized the City to annually utilize the billing rate structure that
is consistent with and replicates the most current maximum emergency ground
ambulance rates that are identified through Orange County Health Care Agency
(OCHCA) EMS Policy and Procedures (e.g., #700.00 Section; 714.00 -
715.00) and approved through formal resolution by the Orange County Board
of Supervisors; and
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4. a. To ensure that the City is meeting or exceeding cost recovery expectations,
an initial six-month evaluation to review the cost recovery projections will
be initiated, followed by another six-month evaluation and then subsequent
regular quarterly evaluations.
b. After the first year evaluation, if the cost recovery revenue is not within 10%
of the consultant's projections, the Fire Chief will bring the findings to the
City Council for review, discussion, and evaluation.
3. CONSIDERATION FOR CREATING A COMMUNITY FOURTH OF JULY
EVENT TO PROMOTE PUBLIC SAFETY AND PROMOTION OF AN
INCREASE FOR ILLEGAL FIREWORK DISCHARGE FINE (05:28:48)
Dan Baker, Assistant to the City Manager, presented the Staff Report. (05:29:04)
Discussion ensued on the OC Fairground's labor costs and fines. (05:35:02)
Council Member Righeimer requested clarification on costs. (05:40:45)
Council Member Stephens spoke on the item. (05:43:02)
MOTION/SECOND: Council Member Mansoor/Council Member Righeimer
MOTION: To continue the meeting past midnight. (05:55:08)
The motion carried by the following roll call vote:
Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, Council
Member Righeimer, and Council Member Stephens.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved to continue the meeting past midnight.
Public Comments:
Flo Martin, Costa Mesa, spoke in support of the item and an increase in fines.
(05:56:47)
Beth Refakes, Costa Mesa, supports an increase in fines; and expressed concern
on spending over the $50k budget. (05:59:49)
Ralph Taboada, Costa Mesa, spoke in support of the item and reducing the days
of sale for fireworks. (06:02:16)
Speaker, spoke in support of the item. (06:04:18)
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Speaker, spoke on the fireworks forum and spoke in support of the item. (06:07:30)
Speaker, spoke in support of the item. (06:08:52)
Public Comments Closed.
MOVED/SECOND: Council Member Stephens/Mayor Foley
MOTION: To approve recommended action numbers 1, 2, and 3 on the
conditions that all of the $50,000 sponsorship monies will be raised by May 15,
2017 and the City will commit on moving forward once the $50,000 is raised.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved moving forward with the coordination of a centrally
located City -sponsored Fourth of July celebration to promote public safety in
partnership with the HERO's Hall foundation and Spectra Entertainment Inc.
on location at the Orange County Fair and Event Center; and
2. Allocated $50,000 in new revenue and expenditures for FY2016-2017 to
cover event costs on the conditions that all of the $50,000 sponsorship
monies will be raised by May 15, 2017 and the City will commit on moving
forward once the $50,000 is raised; and
3. Approved a proactive campaign to inform citizens that the City will be
vigorously enforcing its prohibition against the discharge of illegal fireworks
and seeking the maximum penalty for such violations.
4. REMANDING DECISIONS ON CERTAIN APPLICATIONS AFFECTED BY CODE
AMENDMENT CO -17-02 BACK TO THE PLANNING COMMISSION AND
DIRECTOR OF DEVELOPMENT SERVICES (06:25:35)
Sheri Vander Dussen, Interim Assistant Development Services Director/
Community Improvement Division, presented the Staff Report. (06:25:51)
Public Comments:
Speaker, spoke in support of going to the City Council. (06:29:02)
Public Comments Closed.
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MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To receive and file.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council received and filed.
5. REQUEST FOR A LETTER OF OPPOSITION TO SENATE BILL SB 54 (DE
LEON) LAW ENFORCEMENT: SHARING DATA (06:30:13)
Council Member Mansoor presented the Staff Report. (06:30:33)
Discussion ensued on the draft letter. (06:34:46)
Public Comments:
Keturah Kennedy, Executive Director of Mika Community Development
Corporation, spoke against formerly opposing SB 54 as a City. (06:38:04)
Bill McCarty, spoke in opposition to the item. (06:39:02)
Speaker, spoke in support of the item. (06:40:32)
Public Comments Closed.
Discussion ensued on public safety. (06:43:27)
Council Member Righeimer spoke in support of the item. (06:44:22)
Mayor Pro Tem Genis made a motion and seconded by Mayor Foley, to
receive and file (06:45:15)
SUBSTITUTE MOTION/SECOND: Council Member Mansoor/Council Member
Righeimer (06:46:18)
SUBSTITUTE MOTION: To support and send the letter.
The motion failed by the following roll call vote:
Ayes: Council Member Mansoor and Council Member Righeimer.
Nays: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Motion failed: 2-3
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Mayor Pro Tem Genis spoke in support of the original motion. (06:48:04)
ORIGINAL MOTION/SECOND: Mayor Pro Tem Genis/Mayor Foley
ORIGINAL MOTION: To receive and file.
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
City Council received and filed.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (06:49:00)
Mayor Pro Tem Genis requested examination of public noticing procedures.
Mayor Foley requested staff to agendize refunds for appeals.
REPORT — CITY MANAGER (06:50:21) - NONE
REPORT — CITY ATTORNEY (06:50:25) - NONE
ADJOURNMENT — The Mayor adjourned the meeting at 12:54 a.m.
Minutes adopted on this 18th day of July, 2017.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
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REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
TUESDAY, MAY 27 2017
CALL TO ORDER
The Special Closed Session meeting was called to order by the Mayor at 4:05 p.m. in
the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
The City Council recessed to Conference Room 5A at 4:08 p.m. for Special Closed
Session to consider the following items:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Subdivision (a) of Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Fire Management Association
(CMFMA).
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Timothy Dadey, et al. v. City of Costa Mesa, Orange County
Superior Court of California, Case No. 30-2014-00757962-CU-CR-CJC.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Ming Cheng Chen; Hsiang Chu Shih Chen v. City of Costa Mesa,
United States District Court, Central District of California, Case No. 8:16-cv-
01624-JCG.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa, et al., v. New Harbor Inn, an unincorporated
entity, et al., Orange County Superior Court of California, Case No. 30-2016-
00848149-CU-OR-CJC.
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5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Gosson v. City of Costa Mesa, et al., Orange County Superior
Court of California, Case No. 30-2015-00816221-CU-PO-CJC.
The City Council reconvened at 6:01 p.m.
CALL TO ORDER (00:00:15)
The meeting was called to order by the Mayor at 6:01 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM (00:00:33) Mariachi Herencia Michoacana Group
PLEDGE OF ALLEGIANCE (00:03:11) Council Member Mansoor
MOMENT OF SOLEMN EXPRESSION (00:02:23)
Pastor Josh Harrison, Rock Harbor Church, Costa Mesa
ROLL CALL (00:03:40)
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant
City Manager Richard Francis, Assistant City Manager Tamara Letourneau,
Development Services Department Consultant Jay Trevino, Public Services Director
Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:04:07) — City Attorney Tom Duarte
reported on Closed Session #5 Gosson v. City of Costa Mesa, in which the City agreed
to pay to plaintiff $250,000, on a vote of 5-0, and in exchange the plaintiff agreed to
dismiss the action. An executed copy of the release will be posted on the City website.
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
NONE
ANNOUNCEMENTS (00:04:51)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
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PRESENTATIONS (00:07:19)
1. City Manager's Leadership Award for April 2017
Giovanni La Placa, Firefighter/Paramedic, was recognized by the City Council for
receiving the City Manager's Leadership Award. (00:07:22)
2. Boys and Girls Club Annual Report
Robert Santana, Chief Executive Officer of Boys & Girls Club of Central Orange
Coast, provided the report. (00:12:52)
3. Access Building, Fire and Housing Board of Appeal Committee Annual Report
Ron Beehler, Interim Building Official, provided the report. (00:27:45)
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:31:59)
Jay Humphrey, Costa Mesa, praised the Public Services Department for sidewalk and
street repairs; and spoke on the Fairview Park vandalism incident. (00:32:32)
Al Melone, Costa Mesa, spoke on urban coyote issues and the management plan.
(00:35:29)
Wendy Leece, Costa Mesa, thanked the City Council for rebuilding the Public Safety
Departments; spoke on civility, transparency, and the Planning Commission appointments.
(00:38:48)
Bob Cartwright, spoke on the future for our children and expressed concerns on a variety of
issues. (00:41:43)
Speaker, spoke on indifference and sober living homes; and what makes Costa Mesa cool.
(00:44:46)
Richard Russell, Costa Mesa, spoke on the Homeless Task Force meeting by Council
Members Mansoor and Stephens. (00:47:57)
Cindy Brenneman, Costa Mesa, spoke on the Planning Commission appointments.
(00:51:05)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:53:56)
Council Member Mansoor spoke on coyote issues. (00:54:01)
Mayor Foley spoke on the Planning Commission appointments; and meetings with the
Pacific Symphony, the MET Costa Mesa, and residents. (00:56:33)
Mayor Pro Tem Genis spoke on opening up the ball fields at Lions Park; acquiring
additional open space; First Friday Road Show on May 5t"; and coyote issues.
(01:00:21)
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Council Member Stephens spoke on donations for fireworks event including a 5k
donation by PETA; and the visit to San Antonio to learn about mental illness, substance
abuse and homeless programs. (01:03:49)
Council Member Righeimer spoke on the OC Register article on Costa Mesa as Capital
of Cool; and spoke on the Planning Commission appointments. (01:20:35)
CONSENT CALENDAR (01:22:28)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 9
except for 2, 6, 8, and 9.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
1. READING FOLDER
Claims received by the City Clerk: County of Orange and Ya Math.
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF
FEBRUARY 21, 2017
ACTION:
City Council approved the minutes of February 21, 2017.
4. AMENDMENT NO. 2 TO LEHR CONTRACT FOR THE EMERGENCY
LIGHTING FOR POLICE MANAGEMENT VEHICLES
ACTION:
City Council approved and authorized the City Manager and the City Clerk to
execute Amendment No. 2 for the emergency vehicle lighting and equipment
installation services of nine vehicles with Stommel Inc. dba LEHR, effective July
6, 2016 through July 5, 2019, in the amount of $44,488.78 as a one-time
purchase under this City contract.
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5. RESOLUTION OF THE COSTA MESA CITY COUNCIL APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLIMATE
INVESTMENTS URBAN GREENING GRANT PROGRAM
ACTION:
1. City Council approved Resolution No. 17-33 and Resolution No. 17-34, for the
submittal of grant applications with the Urban Greening Grant Program for the
Fairview Park and Lions Park Projects; and
2. Authorized the Public Services Director as the City's representative.
7. FINAL MAP FOR TRACT NO. 17980 LOCATED AT 929 BAKER STREET,
COSTA MESA, CALIFORNIA
ACTION:
City Council adopted Resolution No. 17-23, approving the Final Map for Tract No.
17980 located at 929 Baker Street, and the abandonment of a storm drain
easement pursuant to the Subdivision Map Act.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2576 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-07 "A" FOR $-9.35
AND 17-08 FOR $2,214,592.81; AND CITY OPERATING EXPENSES FOR
$1,441,322.49; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID (01:23:03)
Public Comments:
Speaker, spoke on legal fees for sober living homes. (01:23:09)
MOVED/SECOND: Council Member Mansoor/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2576.
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6. RENEW PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT/HOME CONTRACT STAFF (01:26:01)
Willa Bouwens-Killeen, Zoning Administrator, spoke on the CDBG program.
(01:26:59)
Public Comments:
Speaker, spoke on code enforcement and rehab loans. (01:28:24)
MOVED/SECOND: Council Member Stephens/Council Member Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved Amendment Three to exercise the third extension of four
renewal options of the existing Professional Services Agreement with Mike
Linares, Inc., for one year in an amount not to exceed $87,500 for FY 2017-2018.
8. TOWING SERVICES CONTRACTS WITH METROPRO ROAD SERVICES AND
G&W TOWING (01:29:31)
Council Member Stephens stated he had ex -parte communications and met with
Alex Mohamed. (01:29:44)
Lt. Bakkila, spoke on the RFP process. (01:30:51)
Public Comments:
Mr. Mohamed, spoke on the scoring process. (01:31:40)
Elizabeth Phillips, spoke on car being impounded and a customer
satisfaction survey. (01:52:48)
Public Comments Closed.
Council Member Righeimer spoke in support of a two-year contract with a one-
year renewal. (01:56:15)
Discussion ensued on a customer satisfaction survey. (01:57:11)
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MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: To approve and authorize the City Manager and the City Clerk to
execute a two (2) year professional service agreement with a one (1) year renewal
for towing services with MetroPro Road Services, 2550 S. Garnsey Street,
Santa Ana, CA 92707 and G&W Towing, 965 West 18th Street, Costa Mesa, CA
92627, effective date July 1, 2017 through June 30, 2019.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved and authorized the City Manager and the City Clerk to
execute a two (2) year professional service agreement with a one (1) year
renewal for towing services with MetroPro Road Services, 2550 S. Garnsey
Street, Santa Ana, CA 92707 and G&W Towing, 965 West 18th Street, Costa
Mesa, CA 92627, effective date July 1, 2017 through June 30, 2019.
9. AMENDMENT NUMBER TWO TO PROFESSIONAL SERVICES AGREEMENT
WITH STRADLING YOCCA CARLSON & RAUTH, PC (02:07:22)
Public Comments:
Wendy Leece, Costa Mesa, expressed concern on the debt financing. (02:07:43)
Robin Leffler, Costa Mesa, spoke against the debt financing. (02:10:22)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council approved Amendment Number Two to professional services
agreement with Stradling Yocca Carlson & Rauth, PC in the cumulative amount of
$83,500 to provide bond counsel and related services in connection to the debt
financing of the Lions Park projects; and
2. Authorized the City Manager and the City Clerk to execute Amendment Number
Two.
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The City Council recessed into a break at 8:21 p.m. (02:20:18)
The City Council reconvened at 8:32 p.m. (02:31:46)
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (02:31:51)
1. PUBLIC HEARING FOR FISCAL YEAR 2017-2018 FUNDING PRIORITIES
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIPS PROGRAM (HOME) (02:31:55)
Mike Linares, CDBG/Home Coordinator, presented the Staff Report. (02:32:11)
Discussion ensued on matching grant program incentives. (02:46:10)
Richard Francis, Assistant City Manager, spoke on Trellis. (02:49:38)
Mayor Pro Tem Genis spoke on the HOME funds; and notifications in
Spanish. (02:52:10)
Public Hearing Opened:
Wendy Weeks, Executive Director of Youth Employment Service, spoke on their
programs. (03:00:18)
Ian Stevenson, Executive Director of Trellis, spoke on their programs. (03:03:55)
Wendy Leece, Costa Mesa, spoke in support of the recommendations and spoke
on code enforcement. (03:05:54)
Elizabeth Andrade, representing Families Forward, spoke on their programs.
(03:08:33)
Speaker, spoke against sober living homes receiving any City funds; and spoke
on code enforcement issues. (03:09:33)
Public Hearing Closed.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
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ACTION:
1. City Council held the Public Hearing regarding the 2017-2018 Annual Action
Plan; and
2. Approved the recommended allocation of $1,000,000 for the Fiscal Year 2017-
2018 estimated Community Development Block Grant; and
3. Approved the recommended allocation of $340,000 for the Fiscal Year 2017-
2018 HOME Investment Partnerships Grant; and
4. Adopted Resolution No. 17-29, to authorize the following:
• City Manager to act as the official representative of the City in order to
submit the 2017-2018 Annual Action Plan and all certifications and
assurances contained therein;
• City Manager to act in connection with the submission of the Annual
Action Plan;
• City Manager to approve changes and provide additional information as
may be required.
2. PUBLIC HEARING FOR CODE AMENDMENT CO -17-03 AMENDING ARTICLE
4 OF CHAPTER XII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
AS ADOPTED BY SECTION 5 OF MEASURE Z, ORDINANCE NO. 2016-07,
RELATING TO THE OPEN SPACE AND PUBLIC PARK IMPACT FEES, AND
AMENDING THE UNCODIFIED PORTION OF SECTION 5 OF MEASURE Z,
ORDINANCE NO. 2016-07, RELATED TO THE CREATION, COMPOSITION
AND NAME OF THE OPEN SPACE AND RECREATION ADVISORY
COMMITTEE (03:13:50)
Sheri Vander Dussen, Interim Assistant Development Services
Director/Community Improvement Division, presented the Staff Report.
(03:14:45)
Council Member Righeimer spoke on Measure Z committee. (03:18:44)
Public Hearing Opened:
Cynthia McDonald, Costa Mesa, spoke against forming a new Measure Z
committee. (03:23:36)
Speaker, spoke against forming a new Measure Z committee. (03:26:38)
Public Hearing Closed.
Council Member Stephens spoke in support of the item. (03:27:45)
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Discussion ensued on recommended changes to the ordinance. (03:30:07)
MOVED/SECOND: Council Member Stephens/Mayor Foley
MOTION: To approve recommended action #1 and make revisions to the
ordinance, removing all references to "youth sports" and replacing with
"recreation activities".
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
1. City Council introduced for first reading Ordinance No. 17-09, read by title
only, and further reading waived, adopting Code Amendment CO -17-03 to
amend Article 4 of Chapter XII of Title 13 of the Costa Mesa Municipal Code as
adopted by Section 5 of Measure Z, Ordinance No. 2016-07, relating to the
open space and public park impact fees, and amending the uncodified portion of
Section 5 of Measure Z, Ordinance No. 2016-07, related to the creation,
composition and name of the Open Space and Recreation Advisory Committee,
as presented to the Planning Commission, with the following revisions to the
ordinance: remove all references to "youth sports" and replace with
"recreation activities".
3. PUBLIC HEARING TO ADOPT RESOLUTION TO VACATE A PORTION OF
EAST 19TH STREET (03:44:56)
Raja Sethuraman, Public Services Director, presented the Staff Report.
(03:45:22)
Public Hearing Opened.
Speaker, spoke on an open manhole on Tustin and 19th Street. (03:46:53)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council adopted Resolution No. 17-35, ordering the vacation of a portion
of East 19th Street right-of-way at 152 East 19th Street; and
2. Authorized execution of the Quitclaim Deed by the Mayor and the City Clerk.
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OLD BUSINESS:
SECOND READING AND ADOPTION OF AN ORDINANCE REAUTHORIZING
THE COLLECTION OF A FEE TO SUPPORT PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL ("PEG") CHANNEL FACILITIES WITHIN THE CITY
(03:50:12)
Dane Bora, Public Affairs Manager, presented the Staff Report. (03:50:40)
No public comments on this item.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council gave second reading and adopted Ordinance No. 17-08, read by
title only, and further reading waived, reauthorizing the public, educational, and
governmental fee on state video franchisees operating within the City.
2. SECOND READING OF ORDINANCE 17-05 OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING TABLE 13-30 OF SECTION 13-30 OF
CHAPTER IV (CITYWIDE LAND USE MATRIX), SECTION 13-200.62 OF
ARTICLE 15 (REASONABLE ACCOMMODATION) OF CHAPTER IX
(SPECIAL LAND USE REGULATIONS) AND CHAPTER XV (GROUP HOMES),
CHAPTER XVI (GROUP HOMES AND RESIDENTIAL CARE FACILITIES IN
THE R2, R3, PDRLD, PDRMD, AND PRDHE ZONES) OF TITLE 13
(PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE; AND
SECOND READING OF ORDINANCE 17-06 OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING SECTION 9-374 OF ARTICLE 23
(GROUP HOMES) OF CHAPTER II (REGULATION OF CERTAIN
BUSINESSES) OF TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF
THE COSTA MESA MUNICIPAL CODE (03:51:34)
Sheri Vander Dussen, Interim Assistant Development Services
Director/Community Improvement Division, presented the Staff Report.
(03:52:25)
Discussion ensued on grounds for revocation and citation; and changes to
Ordinance 17-05. (03:55:40)
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Public Comments:
Richard Russell, Costa Mesa, spoke on enforcement. (03:58:52)
Robin Leffler, Costa Mesa, spoke on the SUP hearing and the process.
(04:02:14)
Speaker, spoke on appealing a SUP hearing and the process. (04:03:58)
Public Comments Closed.
MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley
MOTION: To approve the recommended actions with the following revision to
Ordinance 17-05, section 10i: changing the language to "the occupant will no
longer be a resident at the home".
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer.
Absent: None
Motion carried: 3-2
ACTION:
1. City Council gave second reading and adopted Ordinance No. 17-05, with the
following revision to section 10i of the ordinance: changing the language to
"the occupant will no longer be a resident at the home", read by title only, and
further reading waived, adopting Code Amendment CO -17-02 to amend various
sections of Title 13 of the Costa Mesa Municipal Code regarding group homes
and reasonable accommodation; and
2. Gave second reading and adopted Ordinance No. 17-06, to be read by title
only, and further reading waived, adopting Code Amendment CO -17-02 to
amend various sections of Title 9 of the Costa Mesa Municipal Code regarding
operator's permits for group homes of seven or more located in the MFR Zones.
NEW BUSINESS:
1. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION AND
RESOLUTION OF INTENTION, REVIEW OF ANNUAL REPORT AND
INTRODUCTION OF AN ORDINANCE (04:08:09)
Dan Baker, Assistant to the City Manager, presented the Staff Report.
(04:08:37)
Paula Lombardi -Fries, Travel Costa Mesa President, provided a video presentation
recapping the annual report. (04:10:38)
No public comments on this item.
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MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council received and filed the Business Improvement Area (BIA) annual
report for Fiscal Year 2016-17; and
2. Received and filed audited financial report for Fiscal Year 2015-16; and
3. Adopted Resolution No. 17-36, declaring the City's intention to levy an
annual assessment for Fiscal Year 2017-2018 for a business improvement
area covering certain Costa Mesa hotels and motels and setting the time and
place for a public hearing on the proposal; and
4. Gave first reading to Ordinance No. 17-10, read by title only, and further
reading waived, amending Ordinance No. 95-9, relating to the
establishment of a business improvement area for Costa Mesa hotels and
motels.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (04:20:24)
Mayor Pro Tem Genis spoke on goal setting and standards agreed upon by the City
Council. (04:20:43)
Council Member Stephens spoke on deviating from the time limit. (04:24:10)
Mayor Foley spoke on the First Friday Road Show and requested code enforcement
report activities regarding group homes and to update the page on the City website.
(04:25:42)
REPORT - CITY MANAGER — NONE
REPORT — CITY ATTORNEY — NONE
ADJOURNMENT (04:28:35) — The Mayor adjourned the meeting at 10:29 p.m.
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Minutes adopted on this 18th day of July, 2017.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
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REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
TUESDAY, JUNE 6, 2017
CALL TO ORDER
The Closed Session meeting was called to order by the Mayor at 4:05 p.m. in the
Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
The City Council recessed to Conference Room 5A at 4:10 p.m. for Closed Session to
consider the following items:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Subdivision (a) of Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Timothy Dadey, et al v. City of Costa Mesa, Orange County
Superior Court of California, Case No. 30-2014-00757962-CU-CR-CJC.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: The Kennedy Commission, et al v. City of Costa Mesa, Orange
County Superior Court of California, Case No. 30-2016-00832585-CU-WM-CJC.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Ming Cheng Chen; Hsiang Chu Shih Chen v. City of Costa Mesa,
United States District Court, Central District of California, Case No. 8:16-cv-
01624-JCG.
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5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa, et al, v. New Harbor Inn, an unincorporated
entity, et al., Orange County Superior Court of California, Case No. 30-2016-
00848149-CU-OR-CJC.
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION,
SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code
for 1 potential case.
The City Council reconvened at 6:11 p.m.
CALL TO ORDER (00:00:44)
The meeting was called to order by the Mayor at 6:11 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:01:14) Mayor Pro Tem Genis
MOMENT OF SOLEMN EXPRESSION (00:01:43)
Rev. Moushegh Tashjian, St. Mary Armenian Church
ROLL CALL (00:06:30)
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Officials Present: City Attorney Thomas Duarte, Assistant City Manager Richard
Francis, Assistant City Manager Tamara Letourneau, Development Services
Department Consultant Jay Trevino, Public Services Director Raja Sethuraman, and
City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:06:42) — NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS (00:06:57)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
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PRESENTATIONS (00:09:06)
City Manager's Leadership Award for May 2017- Jeffrey Pierce, Maintenance
Supervisor was recognized by the City Council for receiving the City Manager's
Leadership Award.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:13:46)
Speaker, provided suggestions for the Harbor Median project. (00:14:01)
Jay Humphrey, Costa Mesa, commended the Public Services Department for sidewalk
repairs; and spoke on density at 125 E. Baker project. (00:17:04)
Terry Koken, Costa Mesa, representing the Fairview Park Preservation Alliance,
commended Park Ranger Matthew Anderson; and spoke on the budget allocations for
Fairview Park. (00:19:51)
Charlene Ashendorf, Vice -Chair of Cultural Arts Committee, invited the public to the Art on
the Fifth, to be held on June 20, 2017, City Hall, 5th Floor from 5-6 p.m. (00:22:26)
Dorothy McNiff, Costa Mesa, spoke on parking issues on Tustin Avenue and the need for
street sweeping. (00:24:48)
Jose Ayala, Costa Mesa, spoke on crime prevention and praised the Police Department for
their efforts in catching a robber . (00:26:34)
Beth Refakes, Costa Mesa, provided suggestions for the Harbor Median project; requested
signal preemption; thanked Mayor Pro Tem Genis for attending the Fairgrounds meeting
regarding the Master Plan; and thanked Mr. Pierce for fixing the potholes along the access
road from West 18th Street to Superior. (00:30:14)
Speaker, spoke on alcohol sales at the OC Fair. (00:33:18)
Speaker, praised Assistant City Manager Richard Francis and City employees; and
reflected on D -Day. (00:35:34)
Speaker, spoke on revisiting the Small Lot and Sober Living Ordinances. (00:38:12)
Speaker, spoke on community involvement; and requested a moratorium on the Small Lot
Ordinance. (00:40:43)
Margaret Sharp, Costa Mesa, spoke on high density development; high rents; and
affordable housing. (00:43:40)
Speaker, spoke on the Nextdoor application, tracing crime, and police activity log.
(00:45:07)
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COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:48:14)
Mayor Pro Tem Genis thanked the Lions Club for the Fish Fry; reported on attending
the OC Fairgrounds meeting; spoke on the budget allocations for Fairview Park; the
Harbor Boulevard Medians project and emergency response vehicles; requested a
moratorium on Small Lot Ordinance applications; thanked Mr. Francis for his service;
and requested to adjourn in memory of Bob Dugan. (00:48:17)
Council Member Stephens thanked the Lions Club for the Fish Fry; invited the public to
the St. John the Baptist Festival on June 10t" and 11t"; Fourth of July celebration; and
thanked Mr. Francis for his service. (00:52:40)
Council Member Righeimer spoke on the Harbor Medians project; thanked the Lions
Club for the Fish Fry; and praised Mr. Francis for his service. (00:59:34)
Council Member Mansoor thanked Mr. Francis for his service. (00:59:34)
Mayor Foley thanked Mr. Francis for his service; requested a report on crime reporting;
spoke on crime prevention; thanked the Lions Club for the Fish Fry; spoke on working
on problems in the community; and Fairview Park budget. (00:59:54)
CONSENT CALENDAR (01:03:44)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 14
except for 2, 7, 8, and 9.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
1. READING FOLDER - Claims received by the City Clerk: Marilia Carvalho Rosa.
ACTION:
City Council received and filed.
3. MINUTES OF THE SPECIAL CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF
MARCH 14, 2017 AND REGULAR MEETING OF MAY 16, 2017
ACTION:
City Council approved the minutes of March 14, 2017 and May 16, 2017.
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4. ACCEPT $25,000 GRANT FUNDING FROM THE NATIONAL RECREATION
AND PARK ASSOCIATION FOR THE HEALTHY OUT-OF-SCHOOL TIME
PROGRAM
ACTION:
City Council accepted the $25,000 grant funding offer from the National
Recreation and Park Association (NRPA) for the Healthy Out -of -School Time
program.
5. ADOPTION OF THE FY 2016-2017 STATEMENT OF INVESTMENT POLICY
ACTION:
City Council adopted Resolution No. 17-38, approving the Statement of
Investment Policy for Fiscal Year 2016-2017 and delegating investment activities
to the City Treasurer.
6. HOUSING AUTHORITY ANNUAL BUDGET FOR FY17-18
ACTION:
1. City Council approved the Housing Authority Budget for Housing and
Community Development (HCD) expenses for FY17-18 by adoption of joint
Resolution No. 17-39; and
2. Housing Authority approved the Housing Authority Budget for Housing and
Community Development (HCD) expenses for FY17-18 by adoption of joint
Resolution No. 17-39.
10. SENIOR TRANSPORTATION PROGRAM AMENDMENT NUMBER SIX TO
PROFESSIONAL SERVICES AGREEMENT WITH KEOLIS TRANSIT
SERVICES, LLC (F.K.A WESTERN TRANSIT, INC.)
ACTION:
City Council approved the Professional Services Agreement (PSA) Amendment
Number Six between the City of Costa Mesa and Keolis Transit Services, LLC
(F.K.A. Western Transit, Inc.) to increase total funding in the amount of $50,000 to
continue to provide senior transportation services through to the end of the current
agreement term, June 30, 2017 and authorized the City Manager to sign on behalf
of the City.
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11. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT
NO. PS13-00226 FOR TRACT 17639 LOCATED AT 635 W. 17th STREET,
COSTA MESA, CALIFORNIA
ACTION:
City Council authorized release of the Performance and Labor and Material Bonds
(Certificate No. 24056764) in the amounts of $245,179.00 each for street
improvements and (Certificate No. 24056763) for setting corner survey
monuments in the amount of $3,648.00 to Taylor Morrison of California, LLC
(Developer), 100 Spectrum Center Drive, Suite 1450, Irvine, CA 92618.
12. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS15-00087 FOR TRACT 17708 LOCATED AT 2075 PLACENTIA AVENUE,
COSTA MESA, CALIFORNIA
ACTION:
City Council authorized release of the Performance and Labor and Material
Bonds (Certificate No. 802520S) in the amounts of $37,512.00 each for street
improvements, and (Certificate No. 802521S) for setting corner survey
monuments in the amount of $1,500.00 to Richmond American Homes of
Maryland, Inc. (Developer), 5171 California Avenue, Suite 120, Irvine, CA
92617.
13. A RESOLUTION OF THE COSTA MESA CITY COUNCIL AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SUB -RECIPIENT
AGREEMENT WITH THE CITY OF ANAHEIM TO RECEIVE A GRANT UNDER
THE FY 2016 URBAN AREAS SECURITY INITIATIVE (UASI)
ACTION:
1. City Council adopted Resolution No. 17-40, which authorizes the City Manager or
his designee to execute the attached Sub -Recipient Agreement with the City of
Anaheim to receive a grant under the FY 2016 Urban Areas Security Initiative
(UASI) Grant Program; and
2. Authorized the Police Department to accept FY 2016 UASI reimbursement funds
allocated to the City of Costa Mesa in an amount not to exceed $2,811. This
amount will reimburse the Fire Department and approved City personnel who
assist with the instruction and delivery of approved UASI courses; and
3. Approved Budget Adjustment No. 17-013 in the amount of $2,811 to increase
revenue and appropriate the grant funds to the Police Department's operating
budget.
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14. JUSTIFICATION FOR SOLE SOURCE REQUEST AND AWARD OF
PROFESSIONAL SERVICES AGREEMENT TO A.P. TRITON, LLC FOR
SPECIALIZED CONSULTING SERVICES
ACTION:
1. City Council approved and authorized the City Manager to execute and sign the
Justification for Sole Source Request for A.P. Triton, LLC for the
comprehensive administration and facilitation of the Request for Proposals (RFP)
processes for both ambulance and billing services; and
2. Awarded a Professional Services Agreement for the comprehensive
administration and facilitation of the Request for Proposals (RFP) processes for
both ambulance and billing services to consultant A.P. Triton, LLC in an amount
not to exceed $100,000 for fiscal year 2017-2018.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2578 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-08 "A" FOR
$4,799.23 AND 17-09 FOR $2,253,507.29; AND CITY OPERATING
EXPENSES FOR $2,306,104.28; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID (01:04:29)
Public Comments:
Speaker, spoke on legal fees pertaining to group homes; and Travel Costa Mesa
monies. (01:04:59)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2578.
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7. TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND
DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2017 ORANGE
COUNTY FAIR (01:07:37)
Mayor Foley spoke on charging full recovery of fees. (01:07:58)
Discussion ensued on rate methodology. (01:10:42)
Public Comments:
Speaker, spoke on Fairgrounds budget and requested full cost recovery of the
services. (01:17:57)
Jay Humphrey, Costa Mesa, spoke on full cost recovery; and expressed traffic
and noise concerns. (01:20:16)
Public Comments Closed.
Council Member Stephens requested staff for an analysis of tax revenue.
(01:23:20)
Mayor Pro Tem Genis supports the motion with the provision that the contract will
be re-examined in the next fiscal year. (01:24:56)
Mayor Foley spoke in support of the motion. (01:27:31)
MOVED/SECOND: Council Member Stephens/ Council Member Righeimer
MOTION: To approve the recommended actions with the provision that the
contract will be re-examined in the next fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the 2017 contract for traffic management services
between the Costa Mesa Police Department and the 32nd District Agricultural
Association for the Orange County Fair with the provision that it will be re-
examined in the next fiscal year and authorized the City Manager, or his designee,
to sign the contract. The term of the agreement is June 1, 2017 through
September 30, 2017 and the maximum amount shall not exceed $375,000.
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8. TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION FOR ALL INTERIM EVENTS AT THE
ORANGE COUNTY FAIR AND EVENT CENTER (01:07:49)
MOVED/SECOND: Council Member Stephens/Council Member Righeimer
MOTION: To approve the recommended actions with the provision that the
contract will be re-examined in the next fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the 2017 contract for traffic management services between
the Costa Mesa Police Department and the 32nd District Agricultural Association for
all designated interim events at the Orange County Fair and Exposition Center with
the provision that it will be re-examined in the next fiscal year and authorized the
City Manager, or his designee, to sign the contract. The term of the agreement is
April 1, 2017, through March 31, 2018, and the maximum amount shall not exceed
$70,000.
9. EARLY PREPAYMENT IN FULL OF THE CITY OF COSTA MESA REFUNDING
CERTIFICATES OF PARTICIPATION (PUBLIC FACILITIES PROJECT) SERIES
2003 (01:28:46)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on information in the agenda report. (01:29:14)
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council directed and authorized the City Manager, Interim Finance Director,
legal counsel and financial advisor to cause the prepayment in full of the City of
Costa Mesa Refunding Certificates of Participation (Public Facilities Project)
Series 2003 and take all steps necessary to complete the prepayment
including issuance of warrants.
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PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:33:24)
1. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION AND
RESOLUTION TO LEVY ANNUAL ASSESSMENT (01:33:28)
Dan Baker, Assistant to the City Manager, presented the Staff Report. (01:33:59)
No public comments on this item.
Discussion ensued on increasing the community -wide marketing and the
promotion budget. (01:35:45)
Mayor Foley spoke on the request for an increase to $200,000. (01:37:01)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To approve the recommended actions and request the staff to put
together a proposal for an increase to $200,000.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council conducted the public hearing regarding the Business
Improvement Area (BIA) reauthorization and levy of the annual assessment
for the 2017-2018 fiscal year; and
2. Adopted Resolution No. 17-37, levying an annual assessment for Fiscal Year
2017-2018 for a business improvement area covering certain Costa Mesa
hotels and motels; and
3. Gave second reading and adopted Ordinance No. 17-10, to be read by title
only, and further reading waived, amending Ordinance No. 95-9, relating to
the establishment of a business improvement area for Costa Mesa hotels and
motels; and
4. Adopted the Fiscal Year 2017-2018 Community -Wide Marketing and Support
Budget; and
5. Requested the staff to compile a proposal for an increase to $200,000.
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2. REVIEW OF PLANNING APPLICATION PA -16-67 AND TENTATIVE PARCEL
MAP 2017-106 FOR A TWO -UNIT RESIDENTIAL SMALL LOT SUBDIVISION
DEVELOPMENT AT 1933 CHURCH STREET (01:37:40)
Ryan Loomis, Associate Planner, presented the Staff Report. (01:38:03)
Public Hearing Opened:
Jay Paul, Costa Mesa, spoke on consistency within the neighborhood and
expressed privacy concerns. (01:46:47)
Jay Humphrey, Costa Mesa, spoke on impacts to the neighborhood, parking
issues and expressed high density concerns. (01:49:24)
Speaker, expressed concern regarding the Small Lot Ordinance, privacy
concerns, and density impacts. (01:52:14)
Beth Refakes, Costa Mesa, spoke on the project and design guidelines changing
the characteristics of the neighborhood. (01:54:57)
Speaker, spoke on the project and design guidelines changing the characteristics
of the neighborhood; and spoke against the Small Lot Ordinance. (01:57:47)
Speaker, spoke against the aesthetic aspect of the project. (02:00:08)
Rich Russell, Costa Mesa, spoke on the project being in the R2 zone; and
supports the project as it meets the zoning requirements. (02:02:41)
Speaker, spoke in support of the project. (02:05:11)
Speaker, expressed privacy, aesthetic, traffic, and parking concerns. (02:06:06)
Greg Tonkovich, Costa Mesa, lives next door to the project, supports the project
as it will beautify the neighborhood. (02:08:37)
Donna Yellich, a property owner in Costa Mesa, spoke against the aesthetic
aspect of the project. (02:10:04)
Ryan Oldham, applicant and architect of the project, spoke on the scope,
aesthetics, and design of the project. (02:10:56)
Public Hearing Closed.
Discussion ensued on the aesthetics of neighboring projects, R2 zone
designation, the Small Lot Ordinance, design standards, objectives of design
guidelines, and findings regarding compatibility in scale and character. (02:14:05)
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Council Member Righeimer spoke to supporting the project. (02:26:30)
Council Member Stephens spoke to supporting the motion; and meeting with Ted
Lamare, the property owner. (02:32:55)
Mayor Pro Tem Genis spoke to supporting the motion. (02:35:02)
Mayor Foley spoke to supporting the motion. (02:38:13)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council upheld the Planning Commission's decision to approve Design Review
PA -16-67 and Tentative Parcel Map 2017-106 by adoption of Resolution No. 17-41.
OLD BUSINESS: NONE
NEW BUSINESS: NONE
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (02:40:53) - NONE
REPORT - CITY MANAGER (02:41:00)
Assistant City Manager Tamara Letourneau thanked Mr. Francis for his service.
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT - The Mayor adjourned the meeting in recognition of D -Day and in
honor of Bob Dugan at 8:52 p.m.
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Minutes adopted on this 18th day of July, 2017.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
MINUTES — REGULAR MEETING — June 6, 2017 — PAGE 13