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HomeMy WebLinkAbout03 - CC-3 - Minutes - 9/5/2017UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE SPECIAL JOINT MEETING OF THE COSTA MESA CITY COUNCIL, PLANNING AND PARKS AND RECREATION COMMISSIONS MARCH 28, 2017 CALL TO ORDER (00:00:04) The Special Joint meeting was called to order by the Mayor at 6:00 p.m. in the Los Lagos Room at the Costa Mesa Country Club, 1701 Golf Course Drive, Costa Mesa, California. ROLL CALL CITY COUNCIL Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley Absent: None PLANNING COMMISSION Present: Commissioner Harlan, Commissioner Kerins, Commissioner Navarro Woods, Vice -Chair de Arakal, and Chair Andranian Absent: None PARKS AND RECREATION COMMISSION Present: Commissioner Bogner, Commissioner Ersoylu, Commissioner Reynolds, Vice -Chair McNabb, and Chair Pederson Absent: None Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant City Manager Tamara Letourneau, Development Services Department Consultant Jay Trevino, Interim Finance Director Steve Dunivent, City Engineer Bart Mejia, Parks & Community Services Manager Justin Martin and City Clerk Brenda Green. City Manager Hatch provided an overview of the presentation and spoke on homeless issues. (00:00:43) Assistant City Manager Letourneau provided background information and overview of the project. (00:06:42) Sherry Toth, Assistant County Librarian, representing the Orange County Libraries, spoke in support of the project. (00:10:40) MINUTES — SPECIAL JOINT MEETING — March 28, 2017 — PAGE 1 UNOFFICIAL UNTIL APPROVED CC -3 SPECIAL ORDERS OF THE DAY PUBLIC HEARING ON THE MASTER PLAN PA -16-71 FOR THE LIONS PARK PROJECTS, 570 WEST 18TH STREET, 1845 AND 1855 PARK AVENUE Mel Lee, Senior Planner, presented the staff report. (00:11:34) Steve Johnson, Principal at Johnson Favaro Architecture and Urban Design, provided a powerpoint presentation on the Project Design. (00:15:27) Steve Dunivent, Interim Finance Director, spoke on the Project Financing Plan. (01:17:39) Mayor Pro Tem Genis inquired on the site location; and contingency soft costs. (01:23:36) Discussion ensued on park fees; Edison funds; trees and plant palette; CEQA process; Mobile Recreation program; conditions of approval related to parking; and fundraising efforts for the project. (01:48:31) PUBLIC COMMENTS (02:35:00) Debbie Koken, Costa Mesa, spoke on including more nature in the Lions Park plan. (02:35:36) Robert Graham, Costa Mesa, spoke against the project. (02:37:00) Art Goddard, Costa Mesa, spoke in support of the project. (02:39:35) Mary Ellen Goddard, Costa Mesa, spoke in support of the project. (02:43:01) Susan Meyer, Costa Mesa, asked various questions regarding the project. (02:45:48) Harold Weitzberg, Costa Mesa, spoke in support of the project. (02:48:10) Robin Leffler, Costa Mesa, spoke against the project. (02:49:41) Terry Koken, Costa Mesa, spoke on restrooms and the homeless. (02:53:14) Andrea Marr, Costa Mesa, spoke in support of the project. (02:54:47) Alex Reich, Costa Mesa, spoke against the project. (02:56:03) Cindy Black, Costa Mesa, spoke against the project. (02:59:12) Greg Ridge, Costa Mesa, spoke in support of the project. (03:02:21) MINUTES — SPECIAL JOINT MEETING — March 28, 2017 — PAGE 2 UNOFFICIAL UNTIL APPROVED CC -3 Darrell Neft, Costa Mesa, spoke in support of the project. (03:05:31) Bob Ooten, Costa Mesa, spoke in support of the project. (03:07:25) Ralph Taboada, Costa Mesa, expressed concerns on borrowing the funds. (03:10:01) Cindy Brenneman, Costa Mesa, spoke against the project. (03:11:47) Cynthia McDonald, Costa Mesa, expressed concerns on the proposed building. (03:14:25) Speaker, spoke on the current park being inaccessible. (03:17:26) Will B. King, spoke against the project. (03:20:38) Rich Russell, Costa Mesa, spoke in support of the project. (03:23:11) Cheryl Ooten, Costa Mesa, spoke in support of the project. 03:26:20 Speaker, spoke on the history of the park, unlocking the ball field and providing bathrooms. (03:29:09) Public Comments Closed. Council Member Mansoor inquired on the contingency funds; going out to bid; and having separate meetings. (03:33:09) Mayor Foley inquired on the cafe operator; public outreach; noticing the meetings; and opening up the park and baseball fields. (03:37:03) Vice -Chair de Arakal spoke in support of the project. (03:52:40) MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis MOTION: To separate the votes and hold separate meetings for the City Council, Planning Commission, and Parks & Recreation Commission. (03:59:14) The motion failed by the following roll call vote: Ayes: Council Member Mansoor, Mayor Pro Tem Genis Nays: Council Member Righeimer, Council Member Stephens, and Mayor Foley Absent: None Motion failed: 2-3 MINUTES — SPECIAL JOINT MEETING — March 28, 2017 — PAGE 3 UNOFFICIAL UNTIL APPROVED CC -3 Parks and Recreation Commission (04:03:00) Commissioner Bogner requested to look into adding a temporary portable unit with the construction. (04:03:15) Commissioner Reynolds spoke on the site location; connectivity; taking down fences, bike lockers; and the Historical Society. (04:04:50) MOVED/SECOND: Chair Pederson/Commissioner Ersoylu MOTION: To approve the recommended action. (04:10:40) Discussion ensued on the motion. (04:11:35) The motion carried by the following roll call vote: Ayes: Commissioner Bogner, Commissioner Ersoylu, Commissioner Reynolds, Vice - Chair McNabb, and Chair Pederson Nays: None Absent: None Motion carried: 5-0 ACTION: 1. Parks and Recreation Commission approved the Lions Park Projects Master Plan as proposed. Planninq Commission (04:27:15) MOVED/SECOND: Chair Andranian/Vice-Chair de Arakal MOTION: To approve recommended action #1. (04:27:34) Commissioner Navarro Woods spoke in support of the motion. (04:27:51) The motion carried by the following roll call vote: Ayes: Commissioner Harlan, Commissioner Kerins, Commissioner Navarro Woods, Vice -Chair de Arakal, and Chair Andranian Nays: None Absent: None Motion carried: 5-0 ACTION: 1. Planning Commission adopted the Initial Study/Mitigated Negative Declaration. MINUTES — SPECIAL JOINT MEETING — March 28, 2017 — PAGE 4 UNOFFICIAL UNTIL APPROVED CC -3 MOVED/SECOND: Vice -Chair de Arakal/Council Member Kerins MOTION: To approve recommended action #2. (04:29:38) Commissioner Harlan spoke in support of the motion. (04:30:19) Commissioner Kerins spoke in support of the motion. (04:31:46) Chair Andranian spoke in support of the motion. (04:32:29) The motion carried by the following roll call vote: Ayes: Commissioner Harlan, Commissioner Kerins, Vice -Chair de Arakal, and Chair Andranian. Nays: None Absent: None Motion carried: 5-0 Commissioner Navarro Woods, 2. Planning Commission adopted Resolution No. PC -17-15 to approve Planning Application PA -16-71 for the Lions Park Projects Master Plan, subject to conditions of approval and mitigation measures. City Council (04:33:58) Mayor Pro Tem Genis inquired on the availability of the meeting rooms; spacing for tot lots and older kids' recreation areas; bike walkers; historical society; and the cafe cost. (04:34:07) MOVED/SECOND: Council Member Stephens/Mayor Foley MOTION: To approve the recommended actions. (04:41:40) Council Member Stephens spoke in support of the motion. (04:42:19) Council Member Righeimer spoke in support of the project. (04:46:17) Mayor Foley spoke in support of the motion. (04:51:56) Mayor Pro Tem Genis spoke on the project. (04:52:13) 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 Motion carried: 5-0 Righeimer, Council Member MINUTES — SPECIAL JOINT MEETING — March 28, 2017 — PAGE 5 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 1. City Council adopted the plans, specifications, and working details for the Lions Park Projects Master Plan, City Project No. 17-03; and 2. Authorized staff to advertise the Lions Park Projects for construction. ADJOURNMENT (04:57:30) — The Mayor adjourned the meeting at 11:04 p.m. Minutes adopted on this 5t" day of September, 2017. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES — SPECIAL JOINT MEETING — March 28, 2017 — PAGE 6 UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE STUDY SESSION AND SPECIAL CLOSED SESSION OF THE COSTA MESA CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TUESDAY, MAY 9, 2017 CALL TO ORDER The Special Closed Session was called to order by the Mayor at 4:30 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley Absent: None PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS — NONE The City Council recessed to Conference Room 5A at 4:35 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: The Kennedy Commission, et al vs. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2016-00832585-CU-WM-CJC. 2. 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 5:34 p.m. CALL TO ORDER (00:00:29) The meeting was called to order by the Mayor at 5:34 p.m. in Conference Room 1A at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL (00:00:33) Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley Absent: None MINUTES - STUDY SESSION - MAY 9, 2017 - PAGE 1 UNOFFICIAL UNTIL APPROVED CC -3 Officials Present: City Attorney Thomas Duarte, Assistant City Manager Richard Francis, Assistant City Manager Tamara Letourneau, Interim Finance Director Stephen Dunivent, Development Services Department Consultant Jay Trevino, Public Services Director Raja Sethuraman, IT Director Steven Ely, Fire Chief Dan Stefano, Recreation Manager Justin Martin and City Clerk Brenda Green. PUBLIC COMMENTS (00:00:35) Wendy Leece, Costa Mesa, spoke on increasing pension costs; savings and is opposed to additional debt. (00:00:49) Ralph Taboada, Costa Mesa, spoke on increasing legal costs; landscaping; self- insurance fund; jail booking fees; fire labor contract costs; pension costs; and is opposed to additional debt. (00:03:00) Rick Huffman, Costa Mesa, spoke on allocating monies for active transportation and safer streets; the tennis center improvements; and spoke on charging fees at the skate park. (00:05:36) Beth Refakes, Costa Mesa, spoke in support of the funding for the Council Chambers upgrades; spoke on allocations for street repairs; increase in pension costs; and is opposed to additional debt. (00:07:45) Al Melone, Costa Mesa, spoke on parking at TeWinkle Park; utilization of services at the park; and expressed concern with spending monies on the skate park. (00:09:30) Mary Spadoni, Costa Mesa, expressed concern with spending monies on the skate park; spoke on the budget for the Development and Planning for review of the Small Lot Ordinance and overlays on Newport Blvd. and Harbor Blvd. (00:11:08) ITEMS FOR DISCUSSION 1. FISCAL YEAR 2017-18 BUDGET STUDY SESSION (00:12:22) Tom Hatch, City Manager, provided an overview of the presentation. (00:12:25) Steve Dunivent, Interim Finance Director, provided the preliminary budget presentation highlighting the following: Revenues; Self -Insurance Fund; General Fund -Revenues; Major expenses; CalPers rates; City-wide highlights; General Fund -by Department; Budgeted positions; Parks and Community Services Department highlights; Police Department highlights; and Public Services Department highlights. (00:22:25) Raja Sethuraman, Public Services Director, presented the Capital Improvement Program highlights. (01:00:50) MINUTES - STUDY SESSION - MAY 9, 2017 - PAGE 2 UNOFFICIAL UNTIL APPROVED CC -3 City Manager Hatch provided an introduction of the Cost Recovery Fees and other revenues. (01:07:45) Justin Martin, Recreation Manager, spoke on the Parks and Community Services Cost Recovery Fees including Park Rentals and Fly Field Permits. (01:12:20) Dan Stefano, Fire Chief, spoke on the Fire Cost Recovery Fees. (01:22:10) Council Member Righeimer inquired on the police department staffing; and fire inspections fee and process. (01:31:40) Mayor Pro Tem Genis inquired on various fees; PD mobile command center; re- examination of the overlays and Small Lot Ordinance; Active Transportation Program; and the Newport Boulevard widening. (01:34:52) Council Member Stephens inquired on the Golf Course Operation. (02:03:00) Discussion ensued on the golf course improvements and the training facility; subsidizing fees; and legal fees. (02:04:22) Council Member Mansoor inquired on former Council Member Monahan's letter regarding the Kaiser Lights Project, Newport Blvd. Landscaping plan, and Access and Fishing at Talbert Park. (02:28:45) Mayor Foley spoke on tying staff objectives with the City Council objectives; and inquired on the list of other revenue sources; Fairview Park and Bikeway encumbered funds; subsidizing Senior and Youth programs; and park fees. (02:39:18) Discussion ensued on reducing the utility costs; Special Events, Rental Fields, and Senior Center Rental fees; and the contingency funds. (03:01:03) Mayor Pro Tem Genis inquired on the allocation of part-time positions; and extending the Smart Camp program. (03:15:03) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS - NONE ADJOURNMENT (03:16:45) — The Mayor adjourned the meeting at 8:50 p.m. MINUTES - STUDY SESSION - MAY 9, 2017 - PAGE 3 UNOFFICIAL UNTIL APPROVED CC -3 Minutes adopted on this 5t" day of September, 2017. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - STUDY SESSION - MAY 9, 2017 - PAGE 4 UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY JUNE 20, 2017 CALL TO ORDER The Special Closed Session was called to order by the Mayor at 5:07 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL City Clerk Green stated that Council Member Stephens will participate remotely from Chicago, Illinois. Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens via teleconference, Mayor Pro Tem Genis, and Mayor Foley. Absent: None Council Member Stephens made a statement as to compliance with the Brown Act and reported that no members of the public were in attendance. PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS - NONE The City Council recessed to Conference Room 5A at 5:10 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: 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. 2. 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. 3. 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 6:00 p.m. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 1 UNOFFICIAL UNTIL APPROVED CC -3 CALL TO ORDER (00:00:26) The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. NATIONAL ANTHEM (00:00:52) Ms. Moxy Anne PLEDGE OF ALLEGIANCE (00:02:32) Council Member Righeimer MOMENT OF SOLEMN EXPRESSION (00:02:53) Pastor Jim Turrell, The Center for Spiritual Living Newport Mesa ROLL CALL (00:03:38) City Clerk Green stated that Council Member Stephens will participate remotely from Chicago, Illinois. Present: Council Member Mansoor, Council Member Righeimer (left at 1:16 a.m.), Council Member Stephens via teleconference, Mayor Pro Tem Genis, and Mayor Foley. Absent: None Council Member Stephens made a statement as to compliance with the Brown Act and reported that no members of the public were in attendance. (00:04:40) Officials Present: City Attorney Thomas Duarte, 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 (00:04:57) — City Attorney Duarte reported on Closed Session #3, in which the City Council, on a vote of 5-0, entered into a settlement agreement with Solar City to resolve all disputes and claims and to terminate the Solar Power purchase agreement with payment of $225,000.00 to Solar City. The settlement is a result of the projected savings not being achieved due to the scheduled demolition of the Neighborhood Community Center which will be replaced by a new library building designed to achieve leads certification without solar panels. COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) (00:05:33) — Mayor Foley inquired with Captain Rob Gagne regarding the procedure of voting by the membership on contracts. ANNOUNCEMENTS (00:05:52) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 2 UNOFFICIAL UNTIL APPROVED CC -3 PUBLIC COMMENTS (00:09:07) Jay Humphrey, Costa Mesa, spoke about an oil spill at Fairview Park parking lot. (00:09:36) Speaker, Costa Mesa, inquired on the Fairview Park administrator position; spoke on Glenn Lukos and Associates; the 90 -day survey report; and prosecuting offenses. (00:12:25) Speaker, spoke on the sound levels and concerts at the Orange County Fairgrounds and violations of the settlement agreements. (00:14:34) Phil Marsh, Costa Mesa Newport Harbor Lions Club President, thanked the City Council and spoke on the Fish Fry event. (00:17:30) Beth Refakes, Costa Mesa, spoke regarding the landscaping on 19th and Newport; Harbor Boulevard medians; fireworks; reconsidering the Small Lot Ordinance; and noise at the OC Fairgrounds. (00:18:52) Speaker, spoke on homeless issues and drug addicts; and the Taco Brat new business. (00:21:56) Karl Ahlf, Costa Mesa, spoke on illegal fireworks and fines. (00:24:59) Speaker, spoke on the reconsideration of the Small Lot Ordinance. (00:27:00) Robin Leffler, Costa Mesa, spoke on campaign promises by the candidates and the approval of Measure Y; and requested a moratorium on the Small Lot Ordinance. (00:27:43) Speaker, spoke on Sober Living and Small Lot Ordinances. (00:30:24) Speaker, spoke on the OC Register articles regarding sober living homes. (00:32:26) Cindy Brenneman, Costa Mesa, spoke on the First Friday road show on July 7th (00:35:50) Speaker, spoke on sober living home issues. (00:41:17) Bill McCarty, Costa Mesa, spoke on Fairview Park and played a video of volunteers at the park. (00:43:45) Speaker, spoke on code enforcement issues at his business; and sober living home issues. (00:47:13) Speaker, spoke on crime and sober living home issues. (00:50:37) MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 3 UNOFFICIAL UNTIL APPROVED CC -3 COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (00:54:25) Council Member Stephens spoke via teleconference on the Public Service Announcement (PSA) regarding fireworks; 4th of July celebration at the OC Fairgrounds; and projects pertaining to group homes and code enforcement. (00:54:39) Council Member Righeimer spoke on the PSA regarding fireworks and fines for illegal fireworks; and the group home ordinance. (00:57:36) Council Member Mansoor thanked the speakers for comments and reporting issues; and spoke on the Costa Mesa Connect application. (01:01:17) Mayor Foley spoke on sober living home issues; the OC All Star Classic football; requested information on utilizing Nextel program by our police department; thanked the Lions Club for the Fish Fry; and encouraged businesses to join the Chamber of Commerce. (01:02:41) Mayor Pro Tem Genis spoke on the mosquito awareness week beginning June 25th; OC Fairground events, noise limits and agreements; 4th of July celebration at the OC Fairgrounds; and a moratorium on Small Lot Ordinance. (01:08:24) CONSENT CALENDAR (01:11:49) MOVED/SECOND: Council Member Righeimer/Council Member Mansoor MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 14 except for 2, 7, 11, 13, and 14. 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: California Automobile Insurance Company, as subrogee for Karl Ozinga. ACTION: City Council received and filed. 3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF APRIL 4, 2017 ACTION: City Council approved the minutes of April 4, 2017. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 4 UNOFFICIAL UNTIL APPROVED CC -3 4. HALECREST NEIGHBORHOOD PARKWAY CONCRETE REPAIR PROJECT - CITY PROJECT NO. 15-03 ACTION: 1. City Council accepted the work performed by C.J. Concrete Construction Inc. and authorized the City Clerk to file the Notice of Completion; and 2. Authorized release of the Labor and Material Bond seven (7) months after the filing date; release of the Faithful Performance Bond one (1) year after the filing date; and release of the retention monies 35 days after the Notice of Completion filing date. 5. EASTSIDE NEIGHBORHOOD PARKWAY CONCRETE REPAIR PROJECT (ZONE #3 AND ZONE #12) - CITY PROJECT NO. 15-02 ACTION: 1. City Council accepted the work performed by C.J. Concrete Construction Inc. and authorized the City Clerk to file the Notice of Completion; and 2. Authorized release of the Labor and Material Bond seven (7) months after the filing date; release of the Faithful Performance Bond one (1) year after the filing date; and release of the retention monies 35 days after the Notice of Completion filing date. 6. WEST BAY STREET IMPROVEMENTS - CITY PROJECT NO. 17-06 ACTION: 1. City Council adopted plans, specifications, and working details for the West Bay Street Improvements, City Project No.17-06, funded by the Community Development Block Grant (CDBG) program; and 2. Awarded a construction contract to Copp Contracting, Inc., 6751 Stanton Ave. Buena Park, CA 90621, in the amount of $179,149.00; and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. 8. PURCHASE OF THE BATTERIES AND CHARGERS FOR THE MOBILE RECEIVER RADIOS FOR ORANGE COUNTY 800 MHZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM UPGRADE ACTION: City Council approved and authorized the City Manager to execute a purchase order with Power Products for the purchase of batteries and chargers for the mobile receiver radios designed to interface with the existing Orange County ASTRO 25 System in the amount of $53,535.43. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 5 UNOFFICIAL UNTIL APPROVED CC -3 9. PROFESSIONAL SERVICES AGREEMENT PROVIDING ENVIRONMENTAL CONSULTING SERVICES WITH FIRSTCARBON SOLUTIONS FOR AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MASTER PLAN PA -17-11 IN CONJUNCTION WITH FUTURE EXPANSIONS OF VANGUARD UNIVERSITY AT 55 FAIR DRIVE ACTION: 1. City Council approved and authorized the Mayor and the City Clerk to execute a one (1) year Professional Services Agreement (PSA) for environmental consulting services with FirstCarbon Solutions, 250 Commerce, Suite 250 Irvine, CA 92620, for an Initial Study/Mitigated Negative Declaration (IS/MND) for Master Plan PA -17-11 in conjunction with future expansions for Vanguard University at 55 Fair Drive, Costa Mesa, CA 92628, in the amount not to exceed $83,860.00, effective date June 21, 2017 — June 20, 2018; and 2. Authorized the City Manager and the City Clerk to renew the agreement for two (2) additional one-year terms, upon mutual agreement of both parties. 10. SENIOR TRANSPORTATION PROGRAMS (STP) AWARD OF CONTRACT ACTION: City Council approved and authorized the City Manager and the City Clerk to execute a three (3) year Professional Service Agreement (PSA) for the Senior Transportation Programs (STP) with Keolis Transit Services, LLC at 6053 W. Century Blvd., Suite 900, Los Angeles, CA 90045 in the annual amount not to exceed $197,020.00, effective date July 01, 2017 — June 30, 2020; and 2. Authorized the City Manager and the City Clerk to renew the agreement for two (2) additional one-year terms, upon mutual agreement of both parties. 12. RENEWED MEASURE M (M2) ELIGIBILITY ACTION: 1. City Council approved the City's Maintenance of Effort (MOE) for Fiscal Year 2017-18; and 2. Approved the City's Local Signal Synchronization Plan (LSSP); and 3. Approved the City's Seven -Year Capital Improvement Program (CIP) for Fiscal Year 2017-18 through Fiscal Year 2023-24; and 4. Adopted Resolution No. 17-45, for the Master Plan of Arterial Highways Conformance, mitigation fee program, and LSSP. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 6 UNOFFICIAL UNTIL APPROVED CC -3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. WARRANT RESOLUTION NO. 2579 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 17-11 FOR $2,207,148.95; AND CITY OPERATING EXPENSES FOR $4,234,358.19; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:13:10) Public Comments: Speaker, requested clarification on furniture purchase. (01:13:21) 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. 2579. 7. CLOSE OFF ARTERIAL WALL OPENINGS AT VARIOUS LOCATIONS PROJECT, CITY PROJECT NO. 17-05 (01:15:40) Raja Sethuraman, Public Services Director, presented the staff report. (01:15:46) Public Comments: Barrie Fisher, Costa Mesa, spoke on the bids and the project. (01:16:46) Speaker, spoke in support of closing the wall opening. (01:20:00) Speaker, inquired on how the bids are advertised. (01:22:04) Speaker, inquired on how the bids are advertised. (01:23:40) Public Comments Closed. Council Member Stephens spoke regarding cost and delay concerns; and reducing the scope of the project. (01:24:47) Council Member Mansoor suggested landscaping and beautification as an alternative. (01:28:03) MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 7 UNOFFICIAL UNTIL APPROVED CC -3 Mayor Pro Tem Genis supports using alternate materials; and spoke on beautification. (01:30:55) Council Member Righeimer spoke on bidding. (01:32:37) MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley MOTION: To approve the recommended actions and incorporate landscaping into the project. 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 rejected all bids; and 2. Authorized staff to re -advertise the project; and 3. Authorized staff to incorporate landscaping into the project. 11. PROFESSIONAL ENGINEERING SERVICES TO PROVIDE AS -NEEDED STAFF SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS (01:34:20) Raja Sethuraman, Public Services Director, presented the staff report for Consent Calendar item numbers 11 and 13. (01:34:49) Tamara Letourneau, Assistant City Manager, provided an update on the staff vacancies. (01:35:57) Public Comments: Speaker, spoke on Interwest Consulting Group. (01:37:02) 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 MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 8 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 1. City Council approved Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc., 15140 Transistor Lane, Huntington Beach, California 92649, to increase the maximum compensation by $388,000.00, to $1,027,500.00, and extended the term of the Agreement through March 31, 2018; and 2. Authorized the City Manager to execute Amendment No. 2. 13. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. 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: 1. City Council approved Amendment No. 1 for the Professional Services Agreement with W. G. Zimmerman Engineering, Inc., 17011 Beach Boulevard, Suite 1240, Huntington Beach, CA 92647, increasing the consultant fee by an amount of $75,000 to $124,470; and 2. Authorized the City Manager to execute the Amendment. 14. FIRST AMENDMENT TO LEASE AGREEMENT WITH STC ONE LLC. FOR THE CELL TOWER LOCATED AT SHIFFER PARK (01:39:34) Council Member Righeimer recused himself, stepped down from the dais and left the Council Chambers due to a potential conflict of interest. (01:39:38) Ashley Garcia, Management Analyst, presented the staff report. (01:40:08) Council Member Mansoor requested that the City Council are notified prior to any display of murals. (01:41:28) Mayor Pro Tem Genis spoke on the rents. (01:42:33) Jennifer Jackson, Parker Legal Group, clarified the rents and additional feet. (01:45:50) Council Member Stephens spoke on the agreement. (01:49:11) MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 9 UNOFFICIAL UNTIL APPROVED CC -3 Public Comments: Speaker, spoke on the low rents. (01:51:38) Speaker, spoke on the low rents and loss of parkland. (01:54:08) Speaker, spoke on the low rents and requested further review of the agreement. (01:55:50) George Berg, Costa Mesa, requested further review of the agreement and suggested to not use city parks for commercial use and do underground high tension wires. (01:56:42) Speaker, spoke against the issue. (01:58:53) Public Comments Closed. Mayor Foley requested for staff to research the cell tower lease agreements for the Presbyterian Church on Fairview and Adams and the sewing machine and vacuum cleaner store next to the Costa Mesa Motor Inn, for comparison. (02:00:51) MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley MOTION: To continue the item to a future City Council meeting. 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 to continue the item to a future City Council meeting. The City Council recessed into a break at 8:07 p.m. (02:02:56) The City Council reconvened at 8:18 p.m. (02:13:35) PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. ADOPTION OF FISCAL YEAR 2017-2018 APPROPRIATIONS LIMIT (02:13:46) Steve Dunivent, Interim Finance Director, presented the staff report. (02:13:56) No public comments on this item. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 10 UNOFFICIAL UNTIL APPROVED CC -3 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. 17-42, establishing the Fiscal Year 2017-2018 Appropriations Limit for the City of Costa Mesa at $223,567,465 by using the County of Orange's population growth for population adjustment, and the California per capita income growth for inflationary adjustment. 2. FISCAL YEAR 2017-2018 BUDGET ADOPTION (02:15:21) Tom Hatch, City Manager, provided opening remarks. (02:15:32) Mr. Dunivent presented the staff report. Public Hearing Opened. Jesus King, Costa Mesa, spoke in support of the skate park expansion. (03:19:16) Jim Fisler, Finance and Pension Advisory Committee Chair, spoke on the committee's recommendations. (03:20:35) Bill King, Costa Mesa, spoke in support of the skate park expansion. (03:29:47) Adam Wood, representing the Building Industry Association, spoke in support of the phased process related to the fire fees. (03:32:08) Ian Smile, Costa Mesa, spoke in support of the skate park expansion. (03:32:47) Cynthia McDonald, Costa Mesa, supports funding for the Tennis Center. (03:33:48) Speaker, requested to keep the reserves at $55 million; spoke against City subsidizing the state to pay for employees; and spoke in support of more open space. (03:36:37) Karl Ahlf, Costa Mesa, spoke in support of homeless programs, investing in infrastructure, and new mobile command units. (03:39:12) Tim Lewis, Costa Mesa, spoke in support of the skate park expansion. (03:42:05) MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 11 UNOFFICIAL UNTIL APPROVED CC -3 Brett Eckles, Costa Mesa, expressed concerns on having a fiscal deficit and the pension debt; and spoke on the lighting of fields feasibility study and project status. (03:44:36) Speaker, Costa Mesa, spoke in support of the skate park expansion. (03:54:59) Robin Leffler, Costa Mesa, spoke in support of building the reserves; expressed concerns on pension costs; and spoke on the library project. (03:56:43) Speaker, spoke in support of funding a state employee for group home inspections; and the skate park expansion. (03:59:47) Speaker, spoke in support of the skate park expansion. (04:01:27) Speaker, spoke in support of the skate park expansion. (04:03:43) Beth Refakes, Costa Mesa, expressed concerns on the senior fees; spoke in support of the fire department fee increases for signal preemption; supports trust account for pension liability; and expressed concern on financing the lions park project. (04:06:06) Paul Schmidt, spoke in support of the skate park expansion. (04:09:06) George Bird, Costa Mesa, spoke on the $5 million in expenditure and building the reserves. (04:10:07) Jill Johnson, Costa Mesa, spoke in support of the skate park expansion. (04:11:13) Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:12:22) Speaker, spoke on helping with homeless issues. (04:13:23) Wendy Leece, Costa Mesa, expressed concerns on sales taxes and pension liability; opposed to spending $18.5 million for the library; and requested the removal of the Fairview Park and Placentia Avenue connector trail. (04:15:04) Art Goddard, Costa Mesa, spoke in support of the Lions Park project. (04:18:13) Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:18:56) Kim Hendricks, Costa Mesa, requested the removal of the Fairview Park and Placentia Avenue connector trail. (04:21:05) Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:21:28) Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:22:14) MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 12 UNOFFICIAL UNTIL APPROVED CC -3 Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:25:37) Rick Huffman, Costa Mesa, spoke in support of the tennis center; and spoke on problems at the skate park. (04:26:48) Speaker, spoke on using the police command vehicle fund for a new skate park; the housing fund; and spoke against the library project. (04:29:55) Jack Ford, spoke in support of the skate park expansion. (04:33:11) Marty Jimenez, spoke in support of the skate park expansion. (04:34:10) Brett Hamilton, Costa Mesa, spoke in support of the skate park expansion. (04:36:30) Public Hearing Closed. Discussion ensued on funding for the skate park and hours of operation. (04:37:43) Council Member Righeimer spoke to not supporting the budget. (04:46:00) Mayor Pro Tem Genis spoke on the general fund balances; and a private and public partnership for the skate park. (04:55:00) Council Member Stephens spoke in support of a private and public partnership for the skate park. (04:59:55) Discussion ensued on the $55 million council policy reserves goal, the contingency fund and the pension ARC (annual required contribution). (05:03:00) MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:09:40) 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 approved Resolution No. 17-43, adopting the City of Costa Mesa FY 17-18 Operating and Capital Improvement Budget including all items listed on the Budget Addendum. MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 13 UNOFFICIAL UNTIL APPROVED CC -3 MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:11:51) 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: 2. City Council approved Resolution No. 17-44, adopting the Fire and Park services cost recovery fees. MOTION/SECOND: Council Member Mansoor/Council Member Righeimer (05:18:20) MOTION: Direct staff to research establishing an Internal Revenue Code (IRC) Section 115 irrevocable trust account for pensions and other accounts. 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: 2a. City Council approved staff to research establishing an Internal Revenue Code (IRC) Section 115 irrevocable trust account for pensions and other accounts. MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:19:23) 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: 3. City Council directed staff to work with the Finance and Pension Advisory Committee on future options for the Business License fees and Transient Occupancy Tax rate. MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:20:01) 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 MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 14 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 4. Authorized the City Manager and Finance Director to make annual CalPERS prepayments for all bargaining groups if cash flow and cash balances permit. MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:20:46) 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: 5. Approved job descriptions and recommended salary resolutions for the following: a. Assistant Fire Marshal — Resolution No. 17-46 b. Community Improvement Manager — Resolution No. 17-47 c. Parks and Community Services Director MOVED/SECOND: Mayor Foley/Council Member Righeimer (05:21:24) MOTION: Staff to review the following: current budgeted amounts for the Jack Hammett Sports Complex; the 1.6 million dollar fund allocated for the lighting of various fields including Kaiser, Pomona, and Rea Elementary Schools; bleachers for Costa Mesa High School; Davis field improvements; and funding for the next phase of the skate park expansion. 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 staff to review the following: current budgeted amounts for the Jack Hammett Sports Complex; the 1.6 million dollar fund allocated for the lighting of various fields including Kaiser, Pomona, and Rea Elementary Schools; bleachers for Costa Mesa High School; Davis field improvements; and funding for the next phase of the skate park expansion. Mayor Foley spoke on the budget. (05:23:04) Mayor Pro Tem spoke on the budget. (05:26:35) Council Member Righeimer spoke on the budget. (05:27:41) MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 15 UNOFFICIAL UNTIL APPROVED CC -3 The City Council recessed into a break at 11:34 p.m. (05:30:19) The City Council reconvened at 11:44 p.m. (05:39:54) 3. APPEAL OF THE DENIAL OF SPECIAL USE PERMIT SL -15-0014 TO OPERATE A SOBER LIVING HOME SERVING SIX RESIDENTS AT 2152 RALEIGH AVENUE (05:40:09) Sheri Vander Dussen, Interim Assistant Director Community Improvement, presented the staff report. (05:41:15) Discussion ensued on reasonable accommodation requests. (05:51:46) MOTION/SECOND: Mayor Foley/Council Member Righeimer MOTION: To continue the meeting past midnight. 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 to continue the meeting past midnight. Gregg Ohlhaver, applicant and property owner of Keystone Sober Living, spoke on his facility. (05:58:32) Public Hearing Opened: Tim Lewis, Costa Mesa, spoke in support of approving the Special Use Permit (SUP) for this sober living home. (06:15:37) Speaker, spoke in support of approving the SUP for this sober living home. (06:18:28) John Walkner, Costa Mesa, spoke on the issue. (06:22:35) Blake Stillwell, Costa Mesa, spoke in support of approving the SUP for this sober living home. (06:26:32) Tracy Walkner, Costa Mesa, spoke on problems with sober living homes. (06:29:48) Daniel Sanchez, spoke in support of approving the SUP for this sober living home. (06:33:06) Speaker, spoke on problems associated with this sober living home. (06:35:19) MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 16 UNOFFICIAL UNTIL APPROVED CC -3 Robin Leffler, Costa Mesa, spoke on regulating bad operators. (06:38:18) Speaker, spoke on regulating sober living homes. (06:40:21) Speaker, spoke on problems associated with this sober living home. (06:42:28) Speaker, spoke in support of approving the SUP for this sober living home. (06:43:55) Speaker, spoke in support of approving the SUP for this sober living home. (06:47:54) Beth Refakes, Costa Mesa, spoke in support of approving the SUP for this sober living home. (06:51:10) Public Hearing Closed. Council Member Righeimer spoke in support of upholding the Planning Commission's denial of the SUP. (06:55:35) MOTION/SECOND: Council Member Righeimer/Council Member Mansoor MOTION: To uphold the Planning Commission's denial of Special Use Permit SL -15-0014. (06:55:25) Mayor Pro Tem Genis spoke in support of reversing the Planning Commission's denial of the SUP. (06:59:35) Council Member Stephens spoke in support of reversing the Planning Commission's denial of the SUP. (07:01:30) Council Member Mansoor spoke in support of upholding the Planning Commission's denial of the SUP. (07:04:18) Mayor Foley spoke in support of reversing the Planning Commission's denial of the SUP. (07:05:42) SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Genis/Council Member Stephens (06:59:12) SUBSTITUTE MOTION: To reverse the Planning Commission's denial of Special Use Permit SL -15-0014 and grant the applicant a reasonable accommodation and approve this application. The resolution will be drafted and adopted at the July 18, 2017 City Council meeting. 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 MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 17 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: City Council reversed the Planning Commission's denial of Special Use Permit SL - 15 -0014 and granted the applicant a reasonable accommodation and approved this application. The resolution will be drafted and adopted at the July 18, 2017 City Council meeting. OLD BUSINESS: NONE Council Member Righeimer was excused from the meeting at 1:16 a.m. and left the Council Chambers. NEW BUSINESS: 1. APPOINTMENTS TO VARIOUS COMMITTEES (07:16:12) Brenda Green, City Clerk, presented the staff report. (07:16:19) No public comments on this item. City Council made no appointments to the Access Building Fire and Housing Board of Appeal. (07:16:19) Historical Preservation Committee (07:18:30' City Council liaison — Council Member Mansoor MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis MOTION: Appoint Joshua Hutchinson for a one-year term. 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council appointed Joshua Hutchinson to the Historical Preservation Committee, for a one-year term. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 18 UNOFFICIAL UNTIL APPROVED CC -3 Housing and Public Service Grants Committee (07:19:07) City Council liaison — Mayor Pro Tem Genis MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley MOTION: Appoint Michael Habitz and Lauren Weiss as regular members and Richard Rainey as an alternate, all for one-year terms. 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council appointed Michael Habitz and Lauren Weiss as regular members and Richard Rainey as an alternate member to the Housing and Public Service Grants Committee, all for one-year terms. Traffic Impact Fee Ad Hoc Committee (07:20:14) City Council liaison — Council Member Mansoor MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis MOTION: To appoint Derek Givens as small developers' representative, Jason Kensey and Scott Porterfield as at -large members, and George M.K. Sakioka as major developers' representative, all for four-year terms. 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council appointed Derek Givens as small developers' representative, Jason Kensey and Scott Porterfield as at -large members, and George M.K. Sakioka as major developers' representative to the Traffic Impact Fee Ad Hoc Committee, all for four-year terms. MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 19 UNOFFICIAL UNTIL APPROVED CC -3 Fairview Park Steering Committee (07:22:00) City Council liaison — Mayor Pro Tem Genis MOVED/SECOND: Mayor Pro Tem Genis/Council Member Mansoor MOTION: To appoint Andy Campbell, Larry Courter, Steve Smith, and Anna Vrska as regular members and Bill McCarty as an alternate member, all for four- year terms; Cindy Black, Kim Hendricks and Alex Reich as regular members and Cynthia McDonald as an alternate member, all for two-year terms. 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council appointed the following members to the Fairview Park Steering Committee: Andy Campbell, Larry Courter, Steve Smith, and Anna Vrska as regular members and Bill McCarty as an alternate member, all for four-year terms; Cindy Black, Kim Hendricks and Alex Reich as regular members and Cynthia McDonald as an alternate member, all for two-year terms. ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (07:25:16) Council Member Stephens thanked everyone involved in teleconferencing the meeting. REPORT — CITY MANAGER (07:25:45) - NONE REPORT — CITY ATTORNEY (07:25:50) — NONE ADJOURNMENT (07:25:51) - The Mayor adjourned the meeting at 1:30 a.m. Minutes adopted on this 5t" day of September, 2017. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES -REGULAR MEETING -JUNE 20, 2017 -PAGE 20 UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY J U LY 18, 2017 CALL TO ORDER The Closed Session was called to order by the Mayor at 4:03 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 (arrived at 4:30 p.m.), Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Jay Humphrey, Costa Mesa, spoke on Closed Session #8 and requests strong defense of Measure Y by the City. The City Council recessed to Conference Room 5A at 4:07 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. MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 1 UNOFFICIAL UNTIL APPROVED CC -3 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 - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: James Faulkner v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2017-00926083-CU-PO-CJC. 7. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code for 1 potential case. 8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: Sanderson J. Ray Development v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2017-00930947-CU-MC-CJC. The City Council reconvened at 6:30 p.m. CALL TO ORDER (00:00:28) The meeting was called to order by the Mayor at 6:30 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:00:58) Council Member Stephens MOMENT OF SOLEMN EXPRESSION (00:01:21) Chaplain Jerry Hollobaugh, Police Department Chaplain ROLL CALL (00:02:19) Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Absent: None The Mayor announced that Public Hearing #2 Chick Fil-A Appeal Application was withdrawn from the agenda. (00:02:34) MINUTES -REGULAR MEETING - JULY 18,2017- PAGE 2 UNOFFICIAL UNTIL APPROVED CC -3 CITY ATTORNEY CLOSED SESSION REPORT — City Attorney Duarte reported on Closed Session #4 and #5, in which the City Council settled both cases with prejudice, on a vote of 5-0. No monies will be paid by either of the parties and each side will bear their own costs. The parties have agreed on additional conditions that are in the settlement agreement which will be posted on the City website. (00:03:03) COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — Council Member Stephens stated he spoke with firefighters Rob Gagne and Mark Martinez regarding one term that has been presented and that he will follow-up with staff. Mayor Foley stated she spoke with Mr. Gagne and Mr. Martinez, which she had revealed with the Council Members in Closed Session. (00:03:34) ANNOUNCEMENTS (00:04:08) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:06:22) 1 The Mayor recognized Senior Planner Dan Inloes for receiving the City Manager's Leadership Award for June 2017. (00:06:31) 2. The Mayor recognized the Costa Mesa National Little League Minor B Bulldogs, for winning the 2017 Tournament of Champions and presented them with certificates of appreciation. (00:10:35) 3. The Mayor recognized the Costa Mesa American and Costa Mesa National Little League All-Star Teams for playing in the 2017 Mayor's Cup and presented them with certificates of appreciation. (00:18:23) PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:33:29) Tamar Goldmann, Costa Mesa, spoke on a parking study and parking issues. (00:33:29) Linda Dean, Costa Mesa, spoke regarding parking issues on Coolidge Avenue. (00:37:07) Speaker, spoke on the 2089 Harbor Boulevard project. (00:40:52) Kim Hendricks, Costa Mesa, spoke regarding problems on 19th Street Rehabilitation project; and the U.S. Fish and Wildlife and vernal pools survey. (00:43:33) John Lee, spoke on the services provided by the Electric Guard Dog Company and requested a potential code amendment. (00:46:42) Robin Leffler, Costa Mesa, spoke on previous elections; and requested a moratorium on the Harbor Boulevard overlays. (00:48:51) MINUTES -REGULAR MEETING - JULY 18,2017- PAGE 3 UNOFFICIAL UNTIL APPROVED CC -3 Wendy Leece, Costa Mesa, spoke on group home laws; and supports the police department to be fully staffed. (00:51:09) Karl Ahlf, Costa Mesa, spoke on problems associated with illegal fireworks. (00:54:11) Speaker, spoke on the City Council agenda; and thanked Chic-fil-A for withdrawing their appeal. (00:55:16) Beth Refakes, Costa Mesa, requested the total number of attendees at the July 4th event at the OC Fairgrounds; expressed concern on illegal fireworks; spoke on the East 19th Street project; and problems at the skate park. (00:57:04) Jim Gray, Costa Mesa, spoke on the vandalism incident at the skate park, requested the skate park to remain open and offered assistance. (00:59:47) Matt Ward, Costa Mesa, spoke on the vandalism incident at the skate park, requested the skate park to remain open and offered assistance. (01:01:36) Speaker, spoke on working together. (01:02:45) Johnney Shilreff, Costa Mesa, spoke on supporting Action Sports and skateboarding; requested the skate park to remain open; and working together. (01:05:50) Speaker, thanked the City Council for various issues; and spoke on sober living problems. (01:08:31) Speaker, from Oklahoma, spoke on being curbed from Pillars Recovery. (01:11:43) Speaker, spoke on problems with code enforcement. (01:18:01) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (01:23:48) Council Member Righeimer spoke on group home problems. (01:23:56) Council Member Mansoor requested information for a parking plan on Coolidge Avenue; spoke on the July 4th report; and meetings with the public. (01:27:20) Mayor Foley requested updates on the 19th Street project, parking issue on Coolidge Avenue and 2089 Harbor Boulevard project; spoke on the Costa Mesa and South Coast Plaza bus line; the skate park incident; reported on the trip to Sacramento to address legislation on sober living issues and a future hearing with the Association of California Cities -Orange County (ACC -OC) to address these issues. (01:28:19) MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 4 UNOFFICIAL UNTIL APPROVED CC -3 Mayor Pro Tem Genis thanked everyone involved working on sober living issues; spoke on the skate park enforcement and incident; parking problems; curb cuts and extra parking; and requested an update on the City Attorney and City Manager evaluation review. (01:40:19) Council Member Stephens spoke on the July 4th event and thanked the parties involved; spoke on illegal fireworks enforcement; the skate park incident; and the Chargers training camp. (01:44:26) CONSENT CALENDAR (01:48:05) MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 13 except for 2, 5, 9, 10, and 13. 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: Aline Brower and Morrigan Dawn. ACTION: City Council received and filed. 3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETINGS OF MARCH 21, 2017, APRIL 18, 2017, MAY 2, 2017, AND JUNE 6, 2017 ACTION: City Council approved the minutes of March 21, 2017, April 18, 2017, May 2, 2017 and June 6, 2017. 4. PUBLIC SAFETY SOFTWARE LICENSE AND SERVICES AGREEMENT ACTION: City Council authorized the City Manager to sign the Purchase Requisition in the amount of $111,910.01 to fund the Software Maintenance Agreement with SunGard Public Sector Inc. (now Superion) from August 1, 2017 to July 31, 2018. MINUTES -REGULAR MEETING - JULY 18,2017- PAGE 5 UNOFFICIAL UNTIL APPROVED CC -3 6. AMENDED AND RESTATED BYLAWS OF THE COSTA MESA HOUSING AUTHORITY (2017) ACTION: Housing Authority adopted Costa Mesa Housing Authority Resolution No. 2017- 01 approving and adopting the Amended and Restated Bylaws of the Costa Mesa Housing Authority (2017). 7. REVIEW OF APPLICATIONS TO AND APPOINTMENT OF TENANT COMMISSIONERS TO THE HOUSING AUTHORITY BOARD ACTION: Housing Authority adopted Costa Mesa Housing Authority Resolution No. 2017- 02 and appointed Tenant Commissioners Eloise Donaldson and Samira Reyes to the Costa Mesa Housing Authority Board. 8. FINAL MAP FOR TRACT NO. 17984 LOCATED AT 548 VICTORIA STREET, COSTA MESA, CALIFORNIA ACTION: City Council approved the Final Map for Tract No. 17984 and authorized signing of the Map by the City Clerk and the City Engineer. 11. SLURRY SEAL PROJECT, CITY PROJECT NO. 16-13 ACTION: 1. City Council adopted plans, specifications, and working details for the Slurry Seal Project, City Project No. 16-13; and 2. Awarded a construction contract to Roy Allan Slurry Seal, Inc., 11922 Bloomfield Avenue, Santa Fe Springs, CA 90670, in the amount of $543,097.75; and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. MINUTES -REGULAR MEETING - JULY 18,2017- PAGE 6 UNOFFICIAL UNTIL APPROVED CC -3 12. THIRD AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE SERVICES ACTION: 1. City Council approved the Third Amendment to the maintenance agreement with West Coast Arborists, Inc. (WCA), 2200 E. Via Burton Street, Anaheim, CA 92806, extending the term of the existing agreement for tree maintenance services for one (1) year and increasing the compensation by $164,155.05; and 2. Authorized the City Manager to execute the Amendment. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. WARRANT RESOLUTION NO. 2580 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-12 FOR $2,177,642.64 AND 17-13 FOR $2,273,716.44; AND CITY OPERATING EXPENSES FOR $3,400,920.75; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:48:53) Public Comments: Speaker, spoke on attorney fees and sober living lawsuits. (01:48:57) 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 Warrant Resolution No. 2580. 5. ADOPTION OF RESOLUTION APPROVING SPECIAL USE PERMIT SL -15- 0014 TO OPERATE A SOBER LIVING HOME SERVING SIX RESIDENTS AT 2152 RALEIGH AVENUE (01:55:05) Deputy City Attorney Preziosi, spoke on the item. (01:55:42) Council Member Mansoor spoke in opposition to the item. (01:56:27) Public Comments: MINUTES -REGULAR MEETING - JULY 18,2017- PAGE 7 UNOFFICIAL UNTIL APPROVED CC -3 Barrie Fisher, Costa Mesa, spoke on licensing and eleven sober living homes in the area and overconcentration. (01:58:16) Rich Russell, Costa Mesa, thanked the Mayor and delegation for the trip to Sacramento; and spoke in opposition to the item. (02:04:04) Karl Ahlf, Costa Mesa, spoke in support of the item. (02:07:01) Speaker, spoke in support of the item. (02:08:30) Speaker, spoke in opposition to the item and following the laws. (02:10:49) Speaker, spoke in support of the item. (02:12:33) Public Comments Closed. Council Member Stephens spoke to supporting the item. (02:14:46) Mayor Pro Tem Genis spoke to supporting the item; and spoke regarding the timeline on wall closures. (02:16:32) 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: City Council adopted Resolution No. 17-48 reversing the Planning Commission's denial of Special Use Permit SL -15-0014. 9. ALLEYS REHABILITATION PROJECT - CITY PROJECT NO. 16-03 (02:18:45) Public Comments: Speaker, spoke on the item. (02:19:05) Public Comments Closed. Council Member Righeimer spoke on the issue. (02:19:53) Council Member Stephens spoke to supporting the item. (02:20:40) MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 8 UNOFFICIAL UNTIL APPROVED CC -3 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: 1. City Council adopted plans, specifications, and working details for the Mace Avenue Alley (Alley No. 36), 19th Street Alley (Alley No. 70), Flower Street Alleys (Alley No. 77, Alley No. 78, and Alley No. 79), and Broadway Street Alleys (Alley No. 85, Alley No. 86, and Alley No. 88) Improvement Project - City Project No. 16-03; and 2. Awarded a construction contract to Black Rock Construction Company, 615 N. Berry Street, Unit G, Brea, CA 92821, in the amount of $899,996.00; and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement; and 4. Approved Contract Change Order No.1 in the amount of $305,000.00, and authorized the City Manager to execute the Change Order. 10. PLACENTIA AVENUE MEDIAN IMPROVEMENTS, FEDERAL PROJECT NO. HSIPL-5312 (092) - CITY PROJECT NO. 16-04 (02:21:03) Public Comments: Speaker, spoke on the item. (02:21:07) Robin Leffler, Costa Mesa, requested the removal of more trees to maximize the view and save money. (02:21:33) Public Comments Closed. Mayor Pro Tem Genis requested maximizing the view. (02:22:56) 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 MINUTES -REGULAR MEETING - JULY 18,2017- PAGE 9 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 1. City Council adopted plans, specifications, and working details for the Placentia Avenue Median Improvements, Federal Project No. HSIPL-5312 (092) — City Project No. 16-04; and 2. Approved Budget Adjustment No. 18-002 in the amount of $350,000.00; and 3. Awarded a construction contract to Beador Construction Company, Inc. 26320 Lespur Circle, Corona, CA, in the amount of $1,682,299.40 (Base Bid plus Additive Items); and 4. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. 13. ARLINGTON DRIVE BIOSWALE & DRY WEATHER DIVERSION PROJECT - CITY PROJECT NO. 17-09 (02:23:26) Bart Mejia, City Engineer, presented the staff report. (02:24:43) Public Comments: Aaron O'Brien, Los Angeles Engineering, Inc., spoke in protest to awarding the project to Sully -Miller. (02:33:06) Jay Humphrey, Costa Mesa, spoke on entrances to the OC Fairgrounds. (02:37:14) Tamar Goldmann, Costa Mesa, spoke on reviewing the contract law. (02:38:21) Ralph Taboada, Costa Mesa, spoke on reviewing the contract law. (02:39:02) Public Comments Closed. Discussion ensued on entrances to the OC Fairgrounds, adequate site distance and signage. (02:41:16) City Attorney Duarte stated the City Attorney's office has reviewed the bid protest concern and City Council can move forward with the item as recommended by staff. (02:43:00) Council Member Righeimer spoke to supporting the item. (02:44:08) MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 10 UNOFFICIAL UNTIL APPROVED CC -3 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 plans, specifications, and working details for the Arlington Drive Bioswale & Dry Weather Diversion Project - City Project No. 17-09; and 2. Waived a minor irregularity in the bid submitted by the apparent low bidder and awarded a construction contract to Sully -Miller Contracting Company, 135 South State College Boulevard, Suite 400, Brea, CA 92821, in the amount of $4,011,000.00 (Base Bid Only); and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. City Council recessed into a break at 9:25 p.m. (02:47:30) City Council reconvened at 9:33 p.m. (03:00:15) PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC HEARING OF THE ADOPTION OF THE 2017-2022 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA FIRE MANAGEMENT ASSOCIATION (CMFMA) (03:00:20) Tamara Letourneau, Assistant City Manager, presented the staff report. (03:00:53) No public comments on this item. 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 MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 11 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 1. City Council held the first public hearing regarding the proposed 2017-2022 Memorandum of Understanding between the City of Costa Mesa and the Costa Mesa Fire Management Association; and 2. Scheduled the second public hearing on August 1, 2017 as required by COIN. ITEM #2 WAS WITHDRAWN FROM THE AGENDA AND NOT CONSIDERED. 2. APPEAL OF PLANNING APPLICATION PA -16-60, A CONDITIONAL USE PERMIT TO ESTABLISH A DRIVE-THROUGH FAST FOOD RESTAURANT WITH WALK-UP SERVICE AND NO INTERIOR SEATING (CHICK FIL-A) AT 1750 NEWPORT BLVD. (FORMER GRANT BOYS STORE) OLD BUSINESS: 1. THE LIONS PARK PROJECTS, CITY PROJECT NO. 17-03 (03:06:28) Raja Sethuraman, Public Services Director, presented the staff report. (03:06:38) Bart Mejia, City Engineer, spoke on the contracting process. (03:08:33) Public Comments: Wendy Leece, Costa Mesa, commended staff for financing the project and supports creative financing to lower debt. (03:12:26) Karl Ahlf, Costa Mesa, spoke in support of the project. (03:14:06) Robin Leffler, Costa Mesa, spoke in opposition to the project. (03:14:52) Beth Refakes, Costa Mesa, expressed concerns on the budget. (03:16:40) Rich Russell, Costa Mesa, spoke in support of the project. (03:18:52) Reggie Mundekis, supports seeking grants and capital campaign for the project. (03:23:32) Speaker, spoke in opposition to the project. (03:23:32) Jay Humphrey, Costa Mesa, spoke on increasing park open space and fees. (03:25:22) Art Goddard, Costa Mesa, spoke in support of the project. (03:27:55) Speaker, spoke on the project and the possibility of a skate park. (03:29:34) MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 12 UNOFFICIAL UNTIL APPROVED CC -3 Speaker, expressed concern on affording the project. (03:30:46) Public Comments Closed. Council Member Righeimer spoke to supporting the project. (03:32:14) Mayor Pro Tem Genis spoke in opposition to the project. (03:42:10) Discussion ensued on the financing plan. (03:46:36) Mayor Foley spoke to supporting the project. (03:52:08) Council Member Stephens spoke to supporting the project. (03:58:30) MOVED/SECOND: Mayor Foley/Council Member Righeimer The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, and Mayor Foley. Nays: Mayor Pro Tem Genis Absent: None Motion carried: 4-1 ACTION: 1. City Council waived irregularities in the bid submitted by the low bidder and awarded a construction contract to Tovey/Shultz Construction, Inc., 18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530, in the amount of $28,739,822.00 (Base Bid only); and 2. Authorized the Mayor or City Manager to execute the Public Works Agreement. NEW BUSINESS: 1. SIX-MONTH REVIEW OF PLANNING APPLICATION PA -16-55 FOR HOLIDAY (FORMERLY LION'S DEN AND MAISON) 719 WEST 19TH STREET (04:01:40) Mel Lee, Senior Planner, provided an overview of the original approval of the conditional use permit. (04:02:09) Winston, Karuga, Code Enforcement Officer, provided a six-month review of the permit. (04:09:00) Discussion ensued on the sound levels. (04:13:15) MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 13 UNOFFICIAL UNTIL APPROVED CC -3 Gary Hardesty of Sound Media Fusion, addressed the sound level issues, and spoke on the sound test and sound mitigation improvements. (04:29:29) Public Comments: Steven Chan, Costa Mesa, spoke on noticing, testing parameters, and continuing to hear the music. (04:39:17) Jay Humphrey, Costa Mesa, supports turning the music down. (04:45:49) Speaker, spoke on hearing the noise. (04:47:50) Robin Leffler, Costa Mesa, spoke on feeling and hearing the bass sound. (04:49:16) Speaker, spoke on hearing the music. (04:50:36) Speaker, supports turning the music down and removing the woofer speakers. (04:52:49) Tamar Goldmann, Costa Mesa, spoke on the burden to neighbors. (04:54:10) Speaker, spoke on mitigating the sound. (04:55:43) Marty Kish, owner, spoke on improvements made to address sound issues and security measures. (04:59:15) Public Comments Closed. MOTION/SECOND: Council Member Mansoor/Council Member Righeimer (05:08:60) MOTION: To approve the recommended action and include the following additions: staff to provide a non-agendized written update in 6 months and the Community Improvement Division (CID) staff reserve the right to call upon Mr. Hardesty and/or any other qualified acoustical engineer to conduct a sound study if a complaint is verified by the CID and/or by Police Department personnel. The cost of the sound study would be covered by the applicant. 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 MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 14 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: City Council received and filed the six-month review of the City Council's approval of Conditional Use Permit PA -16-55 and included the following additions: staff to provide a non-agendized written update in 6 months and the Community Improvement Division (CID) staff reserve the right to call upon Mr. Hardesty and/or any other qualified acoustical engineer to conduct a sound study if a complaint is verified by the CID and/or by Police Department personnel. The cost of the sound study would be covered by the applicant. 2. REQUESTS FOR WAIVERS OF APPEAL FEE FOR DEVELOPMENT REVIEW PROJECTS (05:11:55) Peggy Schneble, Interim Assistant Director Development Services, presented the staff report. (05:12:10) Mayor Foley spoke on the requested items. (05:13:50) Mayor Pro Tem Genis spoke in support of the request for refund of appeal fees. (05:19:40) Council Member Stephens spoke on keeping the process on a case by case basis and supports the request for refund of the appeal fees. (05:19:40) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of the request for refund of appeal fees. (05:21:24) Speaker, spoke in support of the request for refund of appeal fees. (05:22:41) Speaker, spoke in support of the request for refund of appeal fees. (05:24:09) Public Comments Closed. Council Member Righeimer spoke on a fee study for raising the appeal fees. (05:27:17) MOTION/SECOND: Mayor Foley/Council Member Stephens MOTION: To approve the request for refund of appeal fees filed by Ms. Anne Parker and Ms. Carrie Renfro. 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 MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 15 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: City Council approved the request for refund of appeal fees filed by Ms. Anne Parker and Ms. Carrie Renfro. MOTION/SECOND: Mayor Pro Tem Genis/Council Member Stephens MOTION: To continue the meeting past midnight 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. 3. DISCUSSION OF A POSSIBLE MORATORIUM AS TO THE SMALL LOT ORDINANCE (05:29:02) Barry Curtis, Economic and Development Services Director, presented the staff report. (05:29:11) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of a moratorium. (05:32:48) Tamar Goldmann, Costa Mesa, spoke in support of a moratorium. (05:33:22) Cynthia McDonald, Costa Mesa, spoke in support of a moratorium. (05:33:55) Adam Wood, Building Industry Association, spoke against a moratorium. (05:36:30) Robin Leffler, Costa Mesa, spoke in support of a moratorium. (05:37:20) Rich Russell, Costa Mesa, spoke against a moratorium. (05:40:41) Speaker, spoke in support of a moratorium. (05:41:55) Speaker, spoke in support of a moratorium. (05:44:44) Speaker, spoke in support of a moratorium. (05:47:08) Public Comments Closed. MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 16 UNOFFICIAL UNTIL APPROVED CC -3 Discussion ensued on timelines and pending residential projects subject to the Small Lot Ordinance. (05:48:40) Council Member Righeimer spoke on the issue. (06:03:05) Council Member Mansoor spoke on the issue. (06:06:48) Mayor Pro Tem Genis spoke on the issue. (06:14:38) Council Member Stephens spoke on the issue. (06:18:12) Mayor Foley spoke on the issue. (06:20:55) MOTION/SECOND: Council Member Righeimer/Council Member Mansoor (06:32:00) MOTION: To receive and file the report and direct staff to proceed with a Joint Planning Commission and City Council Study Session on September 12, 2017 to consider the Small Lot Subdivision Ordinance. SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Genis (06:32:08) SUBSTITUTE MOTION: To schedule a moratorium for the August 1, 2017 City Council meeting. Motion died due to lack of a second. ORIGINAL MOTION/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, and Mayor Foley. Nays: Mayor Pro Tem Genis Absent: None Motion carried: 4-1 ACTION: City Council received and filed the report and directed staff to proceed with a Joint Planning Commission and City Council Study Session on September 12, 2017 to consider the Small Lot Subdivision Ordinance. ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (06:33:12) - NONE REPORT — CITY MANAGER (06:33:15) - NONE REPORT — CITY ATTORNEY (06:33:19) - NONE MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 17 UNOFFICIAL UNTIL APPROVED CC -3 ADJOURNMENT (06:33:22) - The Mayor adjourned the meeting at 1:07 a.m. Minutes adopted on this 5t" day of September, 2017. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - REGULAR MEETING - JULY 18, 2017 - PAGE 18 UNOFFICIAL UNTIL APPROVED CC -3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AUGUST 1, 2017 CALL TO ORDER The Special Closed Session was called to order by the Mayor at 4:03 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Ms. Green stated that Council Member Righeimer will participate remotely from the Hyatt Regency Denver, Colorado Convention Center, Room 3217, in Denver, Colorado. Present: Council Member Mansoor, Council Member Righeimer via teleconference, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley (arrived at 4:13 p.m.). Absent: None Council Member Righeimer made a statement as to compliance with the Brown Act and reported that no members of the public were in attendance. PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS — NONE The City Council recessed to Conference Room 5A at 4:06 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 Firefighters Association (CMFA). 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 Organizations: Costa Mesa Division Managers Association and Unrepresented Executive Employees. 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: CMC, a group of patients collectively operating pursuant to Ca. Health & Safety Code § 11362.775, v. City of Costa Mesa, et al., United States District Court, Central District of California, Case No. 8:16-cv-01690 JLS (JCGx). MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 1 UNOFFICIAL UNTIL APPROVED CC -3 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 of California, Case No. 30-2014-00757962-CU-CR-CJC. 5. 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. The City Council reconvened at 6:24 p.m. CALL TO ORDER (00:00:16) The meeting was called to order by the Mayor at 6:24 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:00:35) Council Member Mansoor MOMENT OF SOLEMN EXPRESSION (00:01:01) Pastor Phil Wood, Redemption Church, Costa Mesa ROLL CALL (00:01:59) Present: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Absent: Council Member Righeimer Officials Present: City Attorney Thomas Duarte, Assistant City Manager Tamara Letourneau, Economic and Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT - NONE COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — Council Member Stephens spoke with firefighter Mark Martinez and Mayor Foley spoke with Captain Rob Gagne regarding the timing of negotiations. (00:02:25) ANNOUNCEMENTS (00:02:58) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 2 UNOFFICIAL UNTIL APPROVED CC -3 PRESENTATIONS: 1. Julie Colgan, Administrative Secretary, was recognized by the City Council for receiving the City Manager's Leadership Award. (00:04:56) 2. Kelly Shelton, Executive Assistant to the City Manager, was recognized by the City Council for her 13 years of service to the City and her upcoming retirement. (00:08:09) PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:15:00) Lea Lowe, Costa Mesa Foundation, thanked City staff for their support at the Concerts in the Park. (00:15:20) Reggie Mundekis, spoke on the Master Site Plan at the Orange County Fairgrounds. (00:16:35) Thomas Treen, Costa Mesa, spoke on Animal Control procedures and the hours of operation. (00:19:09) Kim Hendricks, Costa Mesa, requested the vernal pools delineation at Fairview Park. (00:22:11) Martha O'Meare, Costa Mesa, spoke on commercial flights over homes from John Wayne airport. (00:24:16) Speaker, Costa Mesa, spoke on needed sidewalk repairs by the Avalon apartments; and supports the new library. (00:26:00) Barrie Fisher, Costa Mesa, spoke on the wall closures bids along Victoria and Fairview; and helping an individual who was curbed from a sober living home. (00:27:49) Beth Refakes, Costa Mesa, spoke on completing the East 19th project; and the landscaping at 19th and Newport; and spoke on increased airport noise. (00:29:29) Speaker, spoke on good governance, transparency, and the Small Lot Ordinance. 00:32:28 Speaker, spoke on Dick Church's restaurant closing; and the passing of Sam Shepherd. (00:35:32) MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 3 UNOFFICIAL UNTIL APPROVED CC -3 COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Mansoor spoke on responding to public comments. (00:38:57) Mayor Foley requested a meeting with the OC Fairgrounds liaison; an update on airport issues; reported on attendance at Travel Costa Mesa meeting; chargers training camp; library groundbreaking; the summer band program; and spoke on street sweeping problems. (00:39:20) Mayor Pro Tem Genis spoke on airport issues and more flights from Long Beach airport; OC Fairgrounds Master Plan and meeting with the liaison. (00:44:20) Council Member Stephens spoke on the passing of Santa Bob and Sam Shepherd; reported on the 4t" of July event and thanked the sponsors; and spoke on the Small Lot Ordinance Study Session on September 12. (00:47:24) CONSENT CALENDAR (00:51:28) MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 9 except for 1, 4, and 5. 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: Council Member Righeimer Motion carried: 4-0-1 2. MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE OFFICER PROGRAM — ACADEMIC YEAR 2017-2018 ACTION: City Council approved the Memorandum of Understanding (MOU) between the City of Costa Mesa and the Newport -Mesa Unified School District pertaining to the School Resource Officer program for academic year 2017-2018. 3. AWARD THE PURCHASE OF A NEW 2017 CHEVROLET TAHOE FOR USE AS THE FIRE CHIEF FRONTLINE VEHICLE ACTION: City Council approved and authorized the City Manager to execute a purchase order for a 2017 Chevrolet Tahoe 4 -WD 4 -Dr 1500 LT through the National Joint Powers Alliance (NJPA) Contract #120716 -NAF, in conjunction with the National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076, in the amount of $57,500.49. MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 4 UNOFFICIAL UNTIL APPROVED CC -3 6. SCHOOL CROSSING GUARD SERVICES WITH ALL CITY MANAGEMENT SERVICES — CONTRACT AMENDMENT ACTION: 1. City Council approved Amendment No. 2 to the Professional Services Agreement with All City Management Services (ACMS), 10440 Pioneer Blvd., Ste. No. 5, Santa Fe Springs, CA 90670, to provide school crossing guard services for one (1) year and increase the compensation by an amount of $177,200; and 2. Authorized the City Manager to execute the Amendment. 7. INSURANCE BROKER SERVICES ACTION: City Council authorized the City Manager to execute the professional services agreement and two 1 -year extensions with Alliant Insurance Services in the amount not to exceed $46,750 annually. 8. RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT (JPA) BETWEEN CITY AND HOUSING AUTHORITY ACTION: City Council adopted the City Council Resolution No. 17-54 authorizing the City's execution and delivery of a Joint Exercise of Powers Agreement by and between the City and Housing Authority. 9. AGREEMENT NUMBER THREE TO PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON & RAUTH, PC ACTION: 1. City Council approved Amendment Number Three to Professional Services Agreement with Stradling Yocca Carlson & Rauth, PC in the cumulative amount of $41,750.00 to provide public finance legal services for "2017 Refunding COPS" (Refunding of the $29,960,000 City of Costa Mesa, 2007 Certificates of Participation - Police Facility Expansion Project) in connection to the debt financing of the Lions Park Projects; and 2. Authorized the City Manager and the City Clerk to execute Amendment NumberThree. MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 5 UNOFFICIAL UNTIL APPROVED CC -3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. WARRANT RESOLUTION NO. 2581 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-13 "A" FOR $-118.99 AND 17-14 FOR $2,239,918.12; AND CITY OPERATING EXPENSES FOR $3,969,281.79; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (00:52:10) Public Comments: Speaker, spoke on various payables. (00:52:14) MOVED/SECOND: Mayor Pro Tem Genis/Council Member Mansoor 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council approved Warrant Resolution No. 2581. 4. APPROVE RESOLUTIONS FOR THE APPLICATION OF GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE FAIRVIEW PARK VERNAL POOL RESTORATION PROJECT AND FOR THE APPLICATION OF GRANT FUNDS FROM THE OUTDOOR ENVIRONMENTAL EDUCATION FACILITIES GRANT FUND PROGRAM FOR THE FAIRVIEW PARK NATIVE HABITAT NURSERY PROJECT (00:56:04) Bart Mejia, City Engineer, presented the staff report. (00:56:19) Public Comments: Kim Hendricks, Costa Mesa, spoke in support of the item. (00:57:43) Jay Humphrey, Costa Mesa, spoke in support of the item. (01:00:39) 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: Council Member Righeimer Motion carried: 4-0-1 MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 6 5 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 1. City Council adopted Resolution No. 17-52 for the submittal of a grant application to the California Department of Parks and Recreation, Habitat Conservation Fund Program for the Fairview Park Vernal Pool Restoration Project; and 2. Adopted Resolution No. 17-53 for the submittal of a grant application to the California Department of Parks and Recreation, Outdoor Environmental Education Facilities Grant Program for the Fairview Park Native Habitat Nursery Project; and 3. Authorized the Public Services Director as the City's authorized representative. CITYWIDE PARKWAY CONCRETE REPAIR AND NEW SIDEWALK CONSTRUCTION PROJECT - CITY PROJECT NO. 14-12 (01:07:41) Bart Mejia, City Engineer, presented the staff report. (01:08:24) Public Comments: Teresa Drain, Costa Mesa, showed photographs of needed sidewalk repairs. (01:11:09) Robin Leffler, Costa Mesa, spoke on trip and fall lawsuits. (01:20:01) Speaker, spoke on the item and handicapped ramps on 19th Street. (01:21:37) Discussion ensued on the designation of work, Parkway Repair Program and inspection of the final work. (01:22:60) MOTION/SECOND: Council Member Stephens/Mayor Pro Tem Genis MOTION: To continue the item to the September 5, 2017 City Council meeting. 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council approved to continue the item to the September 5, 2017 City Council meeting. MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 7 UNOFFICIAL UNTIL APPROVED CC -3 The City Council recessed into a break at 7:54 p.m. (01:30:42) The City Council reconvened at 8:02 p.m. (01:39:20) PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE SECOND PUBLIC HEARING AND ADOPTION OF THE 2017-2022 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA FIRE MANAGEMENT ASSOCIATION (CMFMA). THE ADOPTION OF THE ACCOMPANYING SALARY RESOLUTION AND ADOPTION OF THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTION RESOLUTION (01:39:27) Tamara Letourneau, Assistant City Manager, presented the staff report. (01:39:52) Public Hearing Opened: Richard Russell, Costa Mesa, spoke on campaign contributions. (01:43:00) Ralph Taboada, Costa Mesa, spoke on increasing pension benefits and salaries. (01:47:52) Tim Lewis, Costa Mesa, spoke in support of the item. (01:50:52) Speaker, spoke in support of the item. (01:53:18) Public Hearing Closed. Mayor Pro Tem Genis spoke in support of the motion. (01:55:00) Council Member Mansoor spoke against the motion. (01:56:00) Council Member Stephens spoke in support of the motion. (01:57:18) Mayor Foley spoke in support of the motion. (01:59:26) MOVED/SECOND: Mayor Foley/Council Member Stephens The motion carried by the following roll call vote: Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Nays: Council Member Mansoor Absent: Council Member Righeimer Motion carried: 3-1-1 MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 8 UNOFFICIAL UNTIL APPROVED CC -3 ACTION: 1. City Council held the second Public Hearing as required by COIN; and 2. Approved and adopted the 2017-2022 Memorandum of Understanding between the City of Costa Mesa and the CMFMA; and 3. Adopted Resolution No. 17-49, which provides for a 4.5%, 4.5% 4% 3% 2% salary increases for CMFMA represented employees effective June 25, 2017, June 24, 2018, June 23, 2019, June 21, 2020 and June 20, 2021; and 4. Adopted Resolution No. 17-50, for paying and reporting the value of the Employer Paid Member Contribution (EPMC) related to the Costa Mesa Fire Management Association. The effective date of this Resolution is August 6, 2017; and 5. Adopted Resolution No. 17-51, for paying and reporting the value of the Employer Paid Member Contribution (EPMC) related to the Costa Mesa Fire Management Association. The effective date of this Resolution is June 24, 2018. 2. CODE AMENDMENT CO -17-04 TO AMEND SECTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE (PLANNING, ZONING & DEVELOPMENT) RELATING TO APPLICATION SUBMITTAL REQUIREMENTS AND NOTICING FOR PUBLIC HEARINGS (02:01:35) Sheri Vander Dussen, Interim Assistant Director Community Improvement, presented the staff report. (02:02:17) Public Hearing Opened: Tim Lewis, Costa Mesa, spoke on the disclosure of the corporation. (02:05:08) Adam Wood, Building Industry Association representative, spoke on the application submittal requirements and the full permit history of the applicant. (02:06:35) Speaker, spoke in support of the item. (02:08:13) Speaker, inquired on the issue. (02:11:44) Speaker, requested clarification on the radius of noticing. (02:13:09) Public Hearing Closed. MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 9 UNOFFICIAL UNTIL APPROVED CC -3 Discussion ensued on the noticing boundary, time restriction for the list of applicants, geographical limitation, operational permits, and application submittal requirements. (02:14:12) MOTION/SECOND: Council Member Stephens/Council Member Mansoor MOTION: To continue the item to the September 5, 2017 City Council meeting. 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council approved to continue the meeting to the September 5, 2017 City Council meeting. OLD BUSINESS: 1. HARBOR BLVD. MEDIAN ENHANCEMENT PROJECT (02:27:15) Raja Sethuraman, Public Services Director, presented the staff report. (02:27:25) Public Comments: Tim Lewis, Costa Mesa, spoke on the project and to study further. (02:44:31) Beth Refakes, Costa Mesa, expressed concerns on the plan. (02:47:35) Barrie Fisher, Costa Mesa, spoke on safety. (02:50:30) Speaker, spoke in support of more bicycle lanes. (02:53:34) Robin Leffler, Costa Mesa, expressed concerns regarding small business; and requested more study on the left turns and stacking. (02:54:37) Speaker, requested to reconsider the entire project and study further. (02:57:18) Dave Ruffle, Costa Mesa, spoke against the project due to decreasing access on 19t" and Harbor. (02:59:49) Teresa Drain, Costa Mesa, expressed concerns on access for fire and requested more outreach and research. (03:01:06) Kirk Herberts, Costa Mesa, spoke in support of the project. (03:02:03) MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 10 UNOFFICIAL UNTIL APPROVED CC -3 Speaker, spoke against the project. (03:05:03) Speaker, spoke against the project. (03:06:46) Discussion ensued on noticing, consultation with the Fire and Police departments and access to small businesses. (03:09:57) MOTION/SECOND: Council Member Mansoor/Mayor Foley MOTION: To approve the recommended action but staff meets with the community one more time and incorporates any changes, goes to the Parks and Recreation Commission and that the final project comes back to the Council for final vote. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Stephens, and Mayor Foley. Nays: Mayor Pro Tem Genis Absent: Council Member Righeimer Motion carried: 3-1-1 ACTION: City Council approved the recommended action but staff meets with the community one more time and incorporates any changes, goes to the Parks and Recreation Commission and that the final project comes back to the Council for final vote. NEW BUSINESS: 1. DESIGNATION OF VOTING DELEGATE AND VOTING DELEGATE ALTERNATE(S) FOR 2017 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (03:34:37) Kelly Shelton, Executive Assistant to the City Manager, presented the staff report. (03:34:55) No public comments on this item. MOVED/SECOND: Council Member Stephens/Mayor Pro Tem Genis 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: Council Member Righeimer Motion carried: 4-0-1 ACTION: City Council designated Mayor Foley as Costa Mesa's voting delegate and Mayor Pro Tem Genis as a voting delegate alternate for the 2017 League of California Cities Annual Conference. MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 11 UNOFFICIAL UNTIL APPROVED CC -3 2. FINANCE AND PENSION ADVISORY COMMITTEE ANNUAL REPORT (03:37:13) Discussion ensued on study sessions for committee reports. (03:37:24) Chair Jim Fisler and Vice -Chair Ralph Taboada of the Finance and Pension Advisory Committee, provided a power point presentation. (03:42:25) Public Comments: Beth Refakes, Costa Mesa, spoke in support of the presentation. (03:59:05) Robin Leffler, Costa Mesa, spoke in support of the presentation; and spoke on adding to the reserves. (04:00:31) ACTION: City Council received and filed. ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (04:02:00) — Mayor Pro Tem Genis spoke on a citywide plein air competitions involving Art, History, and the Fairview Park committee. REPORT — CITY MANAGER (04:02:31) — City Manager Hatch recognized and congratulated Ms. Shelton on her retirement. REPORT — CITY ATTORNEY (04:03:11) — City Attorney Duarte reported on the Motor Inn case, in which the City is still in litigation and more details are posted on the City website under the litigation log. ADJOURNMENT (04:03:45) — The Mayor adjourned the meeting at 10:27 p.m. in memory of Santa Bob. Minutes adopted on this 5t" day of September, 2017. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - REGULAR MEETING - AUGUST 1, 2017 - PAGE 12