HomeMy WebLinkAbout04/03/2018 - City Council and Successor AgencyMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
APRIL 3, 2018
CALL TO ORDER
The Closed Session was called to order by Mayor Genis at 4:01 p.m, in the Council
Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor and Mayor Genis.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
The City Council recessed to Conference Room 5A at 4:06 p.m. for 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: Timothy Dadey, et al. v. City of Costa Mesa, Orange County
Superior Court of California, Case No. 30-2014-00757962-CU-CR-CJC.
2. 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.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Orange County Catholic Worker, an unincorporated association:
Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy
Schuler, Gloria Shoemake, as individuals v. Orange County, City of Anaheim,
City of Costa Mesa, and City of Orange, United States District Court, Central
District of California — Southern Division, Case No. 8:18-cv-00155.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Yellowstone Women's First Step House, Inc., and Sober Living
Network, Inc. v. City of Costa Mesa, United States District Court, Central District
of California, Case No. SACV14-01852 JVS.
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 1
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Casa Capri Recovery, Inc. v. City of Costa Mesa, United States
District Court, Central District of California — Southern Division, Case No. 8:18-
cv-00329-JVS-PJW.
6. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
INITIATION OF LITIGATION — ONE POTENTIAL CASE
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
The City Council reconvened at 6:04 p.m.
CALL TO ORDER (00:03:12)
The meeting was called to order by Mayor Genis at 6:04 p.m. in the Council Chambers
at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:03:37) - Council Member Righeimer
MOMENT OF SOLEMN EXPRESSION (00:03:55) - Pastor Jim Turrell, The Center for
Spiritual Living Newport Mesa, Costa Mesa
ROLL CALL (00:04:33)
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Mansoor, and Mayor Genis.
Absent: None
Officials Present: City Manager Tom Hatch, 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 (00:06:11) — NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)
(00:06:16) — NONE
ANNOUNCEMENTS (00:06:24) "Costa Mesa Minute" was played featuring upcoming
events and activities in the community.
PRESENTATIONS (00:08:37)
1. Mayor's Award - Mr. Kim Pederson, Community Leader, received the Mayor's award
in recognition of his years of service to the community.
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 2
PUBLIC COMMENTS: (00:23:34)
Debra Ashby, representing South Coast Air Quality Management District, invited
everyone to a public meeting on April 17th at the Brookhurst Community Center
regarding AB 134 and AB 617; and spoke on the Annual Clean Air Awards. (00:24:02)
Reggie Mundekis, spoke on the Orange County Fairgrounds Master Site Plan; and
occupancy levels. (00:25:59)
Jo Ellen Chatham, spoke on the Pacific Symphony and upcoming events. (00:28:04)
Robin Leffler, Costa Mesa, praised Kim Pederson; and spoke on a vision for Costa
Mesa; and development. (00:31:00)
Al Melone, Costa Mesa, spoke on the conditions of the large dog park. (00:34:01)
Kim Hendricks, Costa Mesa, spoke on the Endemic Environmental Services contract
and the Fairview Park Alliance. (00:37:29)
Speaker spoke on an educational event at Fairview Park and the OC Model Engineers
contract. (00:40:31)
Beth Refakes, Costa Mesa, spoke on the RFP for audio and visual for the Council
Chambers; thanked staff for cleaning the 55 freeway terminus; praised Kim Pederson;
spoke on code enforcement response times; parking at Lions Park and the library; and
spoke against the Fairview Developmental as a temporary shelter. (00:42:24)
Speaker, spoke against the Fairview Developmental Center as a homeless shelter.
(00:45:27)
Wendy Leece, Costa Mesa, spoke on homelessness and connecting individuals with
their home City and families. (00:48:06)
Speaker, spoke against the Small Lot Ordinance; and spoke on Sober Living Homes.
(00:51:08)
Speaker, spoke on accountability and good governance. (00:54:06)
Speaker, spoke on Sober Living issues. (00:56:32)
Rebecca Trahan, Costa Mesa, spoke on homelessness. (01:00:35)
Speaker, spoke on a City Council meeting video. (01:01:20)
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 3
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(01:04:29)
Council Member Righeimer spoke on SB 54 (California Sanctuary State) and
agendizing the item for the next City Council meeting; spoke against the Fairview
Developmental Center for homeless housing; and supports safety of the Costa Mesa
residents. (01:04:41)
Mayor Pro Tem Mansoor spoke on SB 54 and effects on public safety; and spoke
against the Fairview Developmental Center for homeless housing. (01:08:14)
Council Member Foley spoke on the Equestrian Center at the OC Fairgrounds; Bike to
School month in May; requested updates on the General Plan and overlays; reported on
her attendance at the Travel Costa Mesa meeting; clarified a moratorium on Sober
Living Homes; and spoke against the Fairview Developmental Center as a homeless
shelter. (01:10:30)
Mayor Genis spoke on Serve Costa Mesa Day on April 28; requested copies of the
quarterly reports on Fairview Park; spoke on Council video tapes; homeless issues; SB
54; public safety; and Keepcalsafe.org initiative. (01:14:35)
Council Member Stephens requested to adjourn the meeting in memory of Coach Jeff
Hirsch; spoke on the Animal Services Committee addressing the large dog park;
deliverables of the Endemic Environmental Services contract; Haven for Hope in San
Antonio and homeless issues; and Sanctuary City considerations. (01:18:38)
CONSENT CALENDAR (01:22:15)
MOVED/SECOND: Council Member Righeimer/Council Member Foley
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6
except for 2 and 6.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens,
Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
1. READING FOLDER
Claims received by the City Clerk: Jessica DeTemple, Sumiko Maehara, Masae
Matsunaga, and Akemi Miyake.
ACTION:
City Council received and filed.
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 4
3. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY MEETING OF MARCH 6, 2018
City Manager's Office/City Clerk Division
ACTION:
City Council approved the minutes of March 6, 2018.
4. BEAR STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
Public Services Department/Transportation Services Division
ACTION:
1. City Council awarded a Professional Services Agreement for the design and
implementation of the Bear Street Traffic Signal Synchronization Project to
Albert Grover & Associates in the amount of $605,253; and
2. Authorized the City Manager to execute the Professional Services
Agreement, and future amendments to the agreement; and
3. Approved the Cooperative Agreement between the City of Costa Mesa and
the City of Santa Ana for the Bear Street Traffic Signal Synchronization
Project and authorized the City Manager to execute the Cooperative
Agreement between the City of Costa Mesa and the City of Santa Ana; and
4. Approved Budget Adjustment No. 18-016 in the amount of $605,253; and
5. Approved an amendment to the Fiscal Year 2017-18 Capital Improvement
Program to include the Bear Street Traffic Signal Synchronization Project.
5. FAIRVIEW ROAD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
Public Services Department/Transportation Services Division
ACTION:
1. City Council approved the Professional Services Agreement for the design
and implementation of the Fairview Road Traffic Signal Synchronization
Project to ADVANTEC Consulting Engineers. Inc., in the amount of
$2,066,435; and
2. Authorized the City Manager and the City Clerk to execute the Professional
Services Agreement and future amendments to the Agreement; and
3. Approved the Cooperative Agreement between the City of Costa Mesa and
the City of Santa Ana for the Fairview Road Traffic Signal Synchronization
Project and authorized the City Manager and the City Clerk to execute the
Agreement.
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 5
III I=IIT, 69111144411:1:Z0]Ji&I.I=11111[110]Z1140111 111111150_144017_1:i
2. WARRANT RESOLUTION NO. 2595 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 18-06 FOR $2,454,969.97;
AND CITY OPERATING EXPENSES FOR $3,955,036.81; AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:22:52)
Finance Department
Public Comment:
Speaker, spoke on Jones and Mayer payments. (01:22:54)
MOVED/SECOND: Mayor Pro Tem Mansoor/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2595.
6. APPROVAL OF A RESOLUTION SETTING FORTH THE CONDITIONS OF
APPROVAL FOR CONDITIONAL USE PERMIT PA -16-04 TO ALLOW A
SOBER LIVING FACILITY SERVING 13 ADULTS OPERATED BY SUMMIT
COASTAL LIVING AT 2041 TUSTIN AVENUE (01:25:48)
Development Services Department/Planning Division
City Attorney Duarte clarified the item. (01:26:39)
Public Comments opened:
Marie Takeshita, spoke against the resolution. (01:28:05)
Martin Dietrich, Costa Mesa, spoke against the resolution. (01:29:35)
Dr. Cummings, Costa Mesa, spoke against the resolution. (01:33:21)
Linda Kirkpatrick, Costa Mesa, spoke against the resolution. (01:34:14)
Barbara Morihiro, Costa Mesa, spoke against the resolution. (01:41:01)
Sara Burke, Costa Mesa, spoke against the resolution. (01:44:50)
Speaker, spoke against the resolution. (01:49:12)
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 6
Speaker, spoke against the resolution. (01:54:06)
Sally Hansen, Costa Mesa, spoke against the resolution. (01:56:38)
Wendy Leece, Costa Mesa, spoke against the resolution. (01:59:53)
Robin Leffler, Costa Mesa, spoke against the resolution. (02:02:48)
Bill Bertovich, Costa Mesa, spoke against the resolution. (02:05:18)
Speaker, spoke against the resolution. (02:07:47)
Keith Randle, applicant and property owner of Summit Coastal Living, addressed
the comments by the public speakers. (02:15:11)
Speaker, spoke against the resolution. (02:20:35)
Mr. Randle spoke on the website. (02:23:37)
Public Comments closed.
Mayor Genis spoke on reviewing the police calls for service. (02:24:10)
Council Member Foley spoke on reviewing police, fire, and paramedic calls for
service and code enforcement actions. (02:24:25)
Council Member Stephens spoke on the motion. (02:27:22)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: Direct staff to schedule another public hearing for the City Council's
consideration of Conditional Use Permit PA -16-04.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council directed staff to schedule another public hearing for the City Council's
consideration of Conditional Use Permit PA -16-04.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
City Council recessed into a break at 8:33 p.m
City Council reconvened at 8:45 p.m.
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 7
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. REVIEW OF MASTER PLAN PA -17-28 FOR A MIXED-USE PROJECT (THE
PLANT) AT 765-767 BAKER STREET AND 2972 CENTURY PLACE (02:31:56)
Development Services Department/Planning Division
Mel Lee, Senior Planner, presented the staff report. (02:32:10)
Discussion ensued on the overlay plan; daily trips; trip generation; and parking
counts. (02:43:32)
Discussion ensued on the overall number of units allowed in the Sobeca area.
(02:55:05)
Chris Bennet, representing The Lab, provided a PowerPoint presentation.
(02:32:10)
Public Hearing opened:
Robin Leffler, Costa Mesa, spoke on parking, traffic, and trip budget concerns.
(03:08:30)
Public Hearing closed.
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To uphold the Planning Commission's decision to approve Planning
Application PA -17-28. (03:12:36)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
SUBSTITUTE MOTION: To reverse the Planning Commission's decision and
deny the Planning Application PA -17-28. (03:12:54)
Council Member Righeimer spoke on the parking study. (03:13:25)
Discussion ensued on the square footage of the buildings; restaurants; and
a parking structure. (03:15:08)
Council Member Stephens spoke against the substitute motion. (03:55:00)
Mayor Pro Tem Mansoor spoke in support of the substitute motion. (03:56:07)
Mayor Genis spoke on parking concerns. (03:57:20)
Mr. Bennet spoke on street parking. (03:59:40)
Shaheen Sadeghi, owner of The LAB Holding, LLC, spoke on the parking
spaces. (04:00:11)
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 8
Discussion ensued on shared parking; parking requirements; Sobeca vs.
regular zoning code; and participating in a parking structure. (04:02:00)
Council Member Righeimer spoke on the parking structure. (04:14:20)
Discussion ensued on developing a parking study and plan review; shared
parking ratio; and the condition of approval. (04:16:54)
MOVED/SECOND: Mayor Genis/Council Member Righeimer
SUBSTITUTE SUBSTITUTE MOTION: To continue the item to a future City
Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: Council Member Foley
Absent: None
Motion carried: 4-1
ACTION:
City Council continued the item to a future City Council meeting.
OLD BUSINESS:
SECOND READING AND ADOPTION OF ORDINANCE 18-04: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ARTICLE
5 (ADMINISTRATION, APPLICATION AND PROCEDURES) OF CHAPTER I
(BUSINESS TAX) AND CHAPTER VI (MEDICAL MARIJUANA BUSINESS
PERMITS) OF TITLE 9 (LICENSES AND BUSINESS REGULATIONS);
CHAPTER IV (CITYWIDE LAND USE MATRIX) AND ARTICLE 21 (MEDICAL
MARIJUANA DISTRIBUTING, MANUFACTURING, PROCESSING, RESEARCH
AND DEVELOPMENT, TESTING LABORATORIES AND TRANSPORTING
LOCATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS) OF
TITLE 13 (PLANNING ZONING AND DEVELOPMENT), RELATING TO
AMENDMENTS TO VOTER APPROVED ORDINANCE 16-15 (MEASURE X, THE
COSTA MESA MEDICAL MARIJUANA MEASURE)
ADOPTION OF A RESOLUTION WAIVING CERTAIN FEES FOR HOLDERS OF
EXISTING MEDICAL MARIJUANA BUSINESS PERMITS AND CONDITIONAL
USE PERMITS THAT PROCESS APPLICATIONS TO AMEND THEIR PERMITS
TO ALLOW FOR ADULT USE MARIJUANA IN ADDITION TO MEDICAL
MARIJUANA AS SET FORTH IN ORDINANCE 18-04
Development Services Department/Planning Division
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 9
MOVED/SECOND: Council Member Righeimer/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: None
Absent: Council Member Stephens
Motion carried: 4-0-1
ACTION:
City Council gave second reading and adopted Ordinance No. 18-04, read by title
only and further reading waived, to adopt Code Amendment CO -17-07 amending
the following:
Article 5 of Chapter I of Title 9 of the Costa Mesa Municipal Code (Licenses and
Business Regulations) Section 9-29.5 and Sections 9-481 through 9-499;
Chapter IV of Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and
Development) Sections 13-30 (31a through 31f); and
Article 21 of Chapter IX of Title 13 of the Costa Mesa Municipal Code (Planning,
Zoning, And Development) Sections 13-200.90 through 13-200-94; and
MOVED/SECOND: Council Member Righeimer/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: None
Absent: Council Member Stephens
Motion carried: 4-0-1
ACTION:
City Council adopted Resolution No. 18-21, waiving certain fees for holders of
existing Medical Marijuana Business Permits and Conditional Use Permits that
process applications to amend their permits to allow for adult use marijuana in
addition to Medical Marijuana as set forth in Ordinance No. 18-04.
2. SECOND READING AND ADOPTION OF ORDINANCE 18-05: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE
TEXT OF URGENCY ORDINANCE 17-16, AMENDING ARTICLE 20
(MARIJUANA AND/OR MEDICAL MARIJUANA USES AND ACTIVITIES) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS) OF TITLE 13 (PLANNING
ZONING AND DEVELOPMENT), RELATING TO CULTIVATION OF
MARIJUANA AND CERTAIN MARIJUANA RELATED USES
Development Services Department/Planning Division
MINUTES — Costa Mesa City Council Regular Meeting —April 3,2018— PAGE 10
MOVED/SECOND: Council Member Righeimer/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: None
Absent: Council Member Stephens
Motion carried: 4-0-1
ACTION:
City Council gave second reading and adopted Ordinance No. 18-05, read by title
only and further reading waived, to adopt Code Amendment CO -18-01 amending
the following:
• Article 20 (Marijuana and/or Medical Marijuana Uses and Activities) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning Zoning and
Development), Relating to Cultivation of Marijuana and Certain Marijuana
Related Uses.
NEW BUSINESS:
NEW BUSINESS ITEM #1 WAS CONTINUED TO THE APRIL 17, 2018 CITY
COUNCIL MEETING.
1. CONSIDER ADOPTION OF A RESOLUTION SEEKING CALIFORNIA STATE
LEGISLATIVE SUPPORT TO REGULATE RESIDENTIAL RECOVERY
FACILITIES (SOBER LIVING HOMES) - City Manager's Office/Administration
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:05:20) - NONE
REPORT — CITY MANAGER (05:05:25) - NONE
REPORT — CITY ATTORNEY (05:05:29) - NONE
ADJOURNMENT (05:05:31) — Mayor Genis adjourned the meeting at 11:18 p.m. in
memory of Coach Jeff Hirsch.
Minutes adopted on this 5t" day of June, 2018.
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 11
Sandra L. TEenis, Mayor
ATTEST:
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Brenda GreeN City Clerk
MINUTES — Costa Mesa City Council Regular Meeting — April 3, 2018 — PAGE 12