HomeMy WebLinkAbout04/17/2018 - City Council and Successor AgencyMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
APRIL 17, 2018
CALL TO ORDER
The Closed Session was called to order by Mayor Pro Tem Mansoor at 4:02 p.m. in the
Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Foley (arrived at 4:30 p.m.), Council Member Righeimer,
Council Member Stephens, and Mayor Pro Tem Mansoor.
Absent: Mayor Genis
PUBLIC COMMENTS ON CLOSED SESSION - NONE
The City Council recessed to Conference Room 5A at 4:05 p.m. for Closed Session to
consider the following items:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Police Management Association
(CMPMA)
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Police Association (CMPA)
3. 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.
4. 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.
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 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: 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.
6. 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.
The City Council reconvened at 6:03 p.m.
CALL TO ORDER (00:00:08)
The meeting was called to order by the Mayor at 6:03 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:24) - Mayor Pro Tem Mansoor
MOMENT OF SOLEMN EXPRESSION — in memory of former First Lady Barbara Bush.
(00:00:41)
ROLL CALL (00:01:14)
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.
Mayor Genis announced that Public Hearing Item #2, Appeal of PA -16-30 and PA -16-
31, was withdrawn from the agenda. (00:01:25)
CITY ATTORNEY CLOSED SESSION REPORT (00:01:50) — NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS (00:02:03) - "Costa Mesa Minute" was played featuring upcoming
events and activities in the community.
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 2
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:04:13)
Steven Chan, Costa Mesa, spoke on the applicants, The Plant, and compliance with
State ABC license regulations. (00:04:37)
Rebecca Trahan, Costa Mesa, spoke against SB 54, Sanctuary State Law. (00:07:33)
Gibran Stout, Founder of OC Vaulting, spoke in support of saving the Equestrian Center
at the OC Fairgrounds. (00:10:37)
Ned Whittenmore, Costa Mesa, showed photographs and spoke in support of Costa
Mesa allowing Urban Beekeeping. (00:12:49)
Joshua Young, spoke on homeless individuals working in Albuquerque and suggested
the idea for Council's consideration. (00:15:52)
Reggie Mundekis, spoke against the OC Fairgrounds revised Master Site Plan.
(00:17:40)
Barrie Fisher, Costa Mesa, spoke on Sober Living Homes, average cost, and revenues.
(00:20:10)
Robin Leffler, Costa Mesa, spoke against the OC Fairgrounds revised Master Site Plan.
(00:23:20)
Wendy Leece, Costa Mesa, spoke on Sober Living businesses required to have
business licenses. (00:25:43)
Michael Feinstein, Santa Monica, spoke in support of a 500 seat unicameral state
legislature. (00:27:04)
Speaker, spoke on Keith Randle, Summit Living, and police calls; and Scott Baugh.
Tom Pollitt, Costa Mesa, spoke against SB 54. (00:32:00)
Bill Bertovich, Costa Mesa, spoke against Keith Randle and Summit Living. (00:35:20)
Beth Refakes, Costa Mesa, expressed concern on delay of the Small Lot Ordinance
and overlays; state legislation on zoning; and spoke against the OC Fairgrounds revised
Master Site Plan. (00:38:37)
Speaker, spoke on not agendizing SB 54; spoke against the OC Fairgrounds revised
Master Site Plan; and spoke on Orange Avenue being paved. (00:41:18)
Brian West, Costa Mesa, spoke against the OC Fairgrounds revised Master Site Plan.
(00:43:32)
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 3
Robert Graham, Costa Mesa, spoke on candidates being killed in Mexico; and spoke
against SB 54. (00:44:49)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:47:32)
Mayor Pro Tem Mansoor spoke on the fire in Talbert Park and Costa Mesa addressing
the homeless issues; SB 54 agendized for May 1st; requested staff to follow up on the
contract with Townsend Public Affairs, Inc. and also the OC Fairgrounds revised Master
Site Plan. (00:47:35)
Council Member Foley spoke on the fire in Talbert Park, police night patrols, and night
vision helicopters; Equestrian Center at the OC Fairgrounds and parking structure; and
Boy Scouts and Girls Inc. and volunteer opportunities. (00:52:13)
Mayor Genis spoke on agendizing the Small Lot Ordinance and overlays; sending
correspondence to the City Clerk; property taxes percentages; Talbert Park issues; OC
Fairgrounds revised Master Site Plan and the Notice of Preparation for the
environmental document; and invited everyone to the Love Costa Mesa Event on April
28. (00:56:23)
Council Member Stephens thanked the fire department for suppressing the fire at
Talbert Park; spoke on Talbert Park issues and a fire risk with homeless encampments;
the OC Fairgrounds revised Master Site Plan and requested a briefing on it; and staff
attending partisan meetings. (01:00:32)
Council Member Righeimer spoke on addressing SB 53 and the police department; the
Orange County Fairgrounds revised Master Site Plan and the Equestrian Center;
requested the calls for service at 2041 Tustin Avenue; spoke on Sober Living Home
issues; and 321 and 327 Cabrillo Street receiving state licenses. (01:03:44)
CONSENT CALENDAR (01:08:05)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11
except for 2, 6, 7, and 10.
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: Mark M. Gnesin
ACTION:
City Council received and filed.
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 4
3. MINUTES OF THE SPECIAL CITY COUNCIL CLOSED SESSION OF
FEBRUARY 27, 2018
ACTION:
City Council approved the minutes of February 27, 2018.
4. APPROVE RESOLUTION FOR THE APPLICATION OF GRANT FUNDS FOR
THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR
THE TIER 1 WATER QUALITY BMP INSTALLATION PROJECT
ACTION:
1. City Council approved Resolution No. 18-22, for the submittal of a grant
application to the Orange County Transportation Authority (OCTA) for the
City's Tier 1 Water Quality BMP Installation Project; and
2. Authorized the Public Services Director to act as the City's representative.
5. PARKING LOT REHABILITATION PROJECT AT VARIOUS LOCATIONS,
BIKE TRAIL WEST OF HARBOR BOULEVARD AND BALEARIC
COMMUNITY CENTER IMPROVEMENTS, CITY PROJECT NO. 17-02
ACTION:
1. City Council accepted the work performed by All American Asphalt for the
subject project and authorized the City Clerk to file the Notice of Completion;
and
2. Authorized the release of the Labor and Material Bond seven (7) months after
the filing date; release of the Faithful Performance Bond one (1) year after the
filing date; and release of the retention monies 35 days after the Notice of
Completion filing date.
8. RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2018-
19 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
ACTION:
City Council adopted Resolution No. 18-23, adopting a list of projects for Fiscal
Year (FY) 2018-19 proposed to be funded with Road Maintenance and
Rehabilitation Account (RMRA) revenues.
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 5
9. BUILDING SAFETY & FIRE PREVENTION PLAN REVIEW AND INSPECTION
SERVICES
ACTION:
1. City Council approved and authorized the Mayor and the City Clerk to amend
professional service agreements for contract building plan check and contract
building counter permit technicians with the companies of Scott Fazekas &
Associates Inc., Bureau Veritas, Melad & Associates, Interwest Group, VCA
Code, HR Green, Permit Management Solutions and JAS Pacific. Also
approve and authorize the Mayor and the City Clerk to execute one-year
professional service agreements for contract building inspection services with
the companies of JAS Pacific, Interwest Group, Bureau Veritas, VCA Code
and Safebuilt. The additional requested amount for contract building plan
check, contract counter permit technicians and contract building inspections
services is $103,584 in addition to the current contract amount of $107,938,
as budgeted for FY 2017-2018. The same consultants for building plan check
and contract building contract counter permit technicians are providing
contract fire plan checking for a total aggregate amount up to $142,000 as
budgeted for FY 2017-2018 with no change to this amount; and
2. Authorized the City Manager and the City Clerk to renew the agreement for
four (4) additional one-year periods upon mutual written agreement of both
parties.
11. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) 2018 REGIONAL CONFERENCE
AND GENERAL ASSEMBLY
ACTION:
City Council designated Mayor Genis as the delegate for the upcoming 2018
Annual SCAG Regional Conference & General Assembly.
ITEMS PULLED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2596 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 18-06 "A" FOR
$-6,410.77 AND 18-07 FOR 2,546,307.71; AND CITY OPERATING EXPENSES
FOR $2,409,571.95; AND SPECIFYING THE FUNDS OUT OF WHICH THE
SAME ARE TO BE PAID (01:08:52)
Public Comment:
Speaker, spoke on the Jones and Mayer billing; and Sober Living legal fees.
(01:08:53)
Council Member Foley and Council Member Righeimer spoke on the City
addressing the Sober Living issue. (01:10:49)
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 6
MOVED/SECOND: Council Member Stephens/Mayor Genis
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. 2596.
6. PICNIC SHELTER IMPROVEMENTS AT PAULARINO PARK AND PINKLEY
PARK - CITY PROJECT NO. 17-07 (01:12:30)
Public Comment:
Speaker, spoke on the costs of the Arbor and monitoring the budget. (01:12:37)
MOVED/SECOND: Council Member Stephens/Mayor Genis
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:
1. City Council accepted the work performed by R.E. Shultz Construction, Inc. and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized the release of the Labor and Material Bond seven (7) months after
the filing date; release of the Faithful Performance Bond one (1) year after the
filing date; and release of the retention monies 35 days after the Notice of
Completion filing date.
7. ANNUAL REVIEW OF THE CURRENT HOUSING ELEMENT AND FINAL
REVIEW OF THE PREVIOUS GENERAL PLAN PURSUANT TO STATE LAW
(01:16:18)
Dan Inloes, Senior Planner, provided a summary of the report. (01:16:44)
Public Comments:
Robin Leffler, Costa Mesa, spoke on the item and a presentation. (01:17:30)
Speaker, spoke on the Small Lot Ordinance and overlay zones; and Title 8
housing. (01:18:30)
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 7
MOVED/SECOND: Council Member Righeimer/Mayor Genis
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 the 2017 Annual Report of the 2015-2035 adopted Costa
Mesa General Plan.
10. FUNDING FOR LEGAL SERVICES AGREEMENT WITH BEST BEST &
KRIEGER (01:22:10)
Council Member Stephens recused himself, stepped down from the dais and left
the Council Chambers due to his firm's professional relationship with AmeriCare
MedServices, Inc. (01:22:15)
Dan Baker, Assistant to the City Manager, provided a summary of the report.
(01:22:44)
Public Comments:
Speaker, spoke against hiring law firms. (01:22:44)
Ralph Taboada, Costa Mesa, suggested a separate account to capture charges
for Sober Living. (01:22:44)
Discussion ensued on tracking costs related to Sober Living. (01:25:15)
MOVED/SECOND: Council Member Righeimer/Mayor Genis
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: None
Abstain: Council Member Stephens
Motion carried: 4-0-0-1
ACTION:
1. City Council authorized additional funding in the amount $75,000 to allow
Best Best & Krieger (BB&K) to provide legal assistance with group home
issues and a multi -agency lawsuit involving AmeriCare MedServices, Inc.;
and
2. Satisfied the City's financial obligation to BB&K in connection with the sober
living home litigation and additional work related to the AmeriCare
MedServices, Inc. litigation in the amount of $33,502.34.
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 8
----------------------------------- END OF CONSENT CALENDAR -----------------------------
Council Member Stephens returned to the Council Chambers. (01:28:00)
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:28:00)
1. REVIEW OF MASTER PLAN PA -17-28 FOR A MIXED-USE PROJECT (THE
PLANT) AT 765-767 BAKER STREET AND 2972 CENTURY PLACE (01:28:05)
Barry Curtis, Economic and Development Services Director, spoke on continuing
the item. (01:28:16)
MOVED/SECOND: Council Member Foley/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 continued the hearing to the May 1, 2018 City Council meeting to
allow staff additional time to review the issues raised at the April 3, 2018 hearing for
this project.
REMOVEDPUBLIC HEARING ITEM #2 WAS -•
CONDITIONAL2. APPEAL 0 _F THE PLANNING COMMISSION'S DENIAL OF
usr= PERMITS PA -16-30 .41.0■ 1 A 16 31 1 0 OPERATE A SOBER
FACILITY SERVING 27 ■ _1111ING AN
APPEAL OF THE DENIAL OF A REQUEST FOR REASONABLE
ZONINGACCOMMODATIONTO DEVIATE FRO M VARIOUS REQUIREMENTS OF THE
.■ BY ■
3. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMITS PA -16-37 AND PA -16-38 TO OPERATE A STATE -LICENSED
DRUG AND ALCOHOL TREATMENT FACILITY SERVING 26 RESIDENTS;
INCLUDING AN APPEAL OF DENIAL OF A REQUEST FOR REASONABLE
ACCOMMODATION TO DEVIATE FROM VARIOUS REQUIREMENTS OF THE
ZONING CODE; OPERATED BY NORTHBOUND TREATMENT SERVICES AT
125 AND 131 EAST WILSON STREET (01:28:52)
Sheri Vander Dussen, Consultant, presented the staff report. (01:29:23)
Discussion ensued on the Articles of Incorporation (01:40:45)
Discussion ensued on attorney's fees pertaining to Ms. Parker. (01:43:34)
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 9
Garrett Prybylo from Zfaty Burns legal counsel representing Northbound
Treatment Services, spoke on legal standards; and Valencia vs. Springfield case.
(01:46:11)
Discussion ensued on the property owners. (01:55:30)
Paul Alexander, President of Northbound Treatment Services, spoke on the
monthly cost of leasing the property; and rental cost per unit. (01:58:50)
Discussion ensued on accommodating disabled class; treatment services; and
police calls for service. (02:03:10)
Chief Sharpnack spoke on the police calls for service. (02:07:45)
Council Member Stephens spoke on the Valencia vs. Springfield case. (02:10:07)
Discussion ensued on the live scans; the average length of residency; and other
centers owned by Northbound Treatment Services. (02:14:03)
Discussion ensued on the owners. (02:23:50)
Public Hearing opened:
Steven Chan, Costa Mesa, spoke on occupancy, employee impacts, and
revenues. (02:27:45)
Brett Eckles, spoke against the Conditional Use Permits (CUPs). (02:30:41)
Cottle Petrie -Norris, California State Assembly District 74 candidate, spoke on
the need for state legislation. (02:33:05)
Robin Leffler, Costa Mesa, spoke against the CUPs. (02:34:31)
Barrie Fisher, Costa Mesa, spoke on the Department of Healthcare Services
monthly status reports. (02:35:35)
Andrea Marr, Costa Mesa, spoke against the CUPs. (02:38:43)
Bill Bertovich, Costa Mesa, spoke against the CUPs. (02:39:51)
Speaker, spoke against the CUPs. (02:42:43)
Speaker, spoke against the CUPs. (02:45:36)
Public Hearing closed.
Ms. Vander Dussen spoke on including current information in the findings.
(02:48:05)
MINUTES —Costa Mesa City Council Regular Meeting —April 17, 2018— PAGE 10
Mayor Genis spoke on the findings. (02:49:05)
Council Member Foley spoke on the Valencia case. (02:49:45)
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:
1. City Council conducted a single public hearing for Conditional Use Permits
PA -16-37 and PA -16-38 since the sites are contiguous and operated as a
single facility; and
2. Adopted Resolution No. 18-24, upholding the decisions of the Director of
Economic and Development Services to deny a request for reasonable
accommodation and the Planning Commission to deny Conditional Use
Permit PA -16-37 with the following revisions to the findings:
(a) Updating the number of applications received by the City from 65 to 54
sober living homes and 11 to 7 licensed treatment facilities that are subject to
compliance with Ordinance Nos. 24-13 and 15-11.
(b) Updating the number of existing state -licensed drug and alcohol facilities
in Costa Mesa that are exempt from City regulation, or have already obtained
the required Conditional Use Permit, from 60 to 83; and
3. Adopted Resolution No. 18-25, upholding the decisions of the Director of
Economic and Development Services to deny a request for reasonable
accommodation and the Planning Commission to deny Conditional Use
Permit PA -16-38 with the following revisions to the findings:
a) Updating the number of applications received by the City from 65 to 54
sober living homes and 11 to 7 licensed treatment facilities that are subject to
compliance with Ordinance Nos. 24-13 and 15-11.
(b) Updating the number of existing state -licensed drug and alcohol facilities
in Costa Mesa that are exempt from City regulation, or have already obtained
the required Conditional Use Permit, from 60 to 83.
City Council recessed into a break at 8:55 p.m.
City Council reconvened at 9:06 p.m.
MINUTES — Costa Mesa City Council Regular Meeting —April 17, 2018 — PAGE 11
4. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMITS PA -16-39 AND PA -16-40 TO ALLOW A STATE -LICENSED
DRUG AND ALCOHOL TREATMENT FACILITY SERVING 24 ADULTS;
INCLUDING AN APPEAL OF DENIAL OF A REQUEST FOR REASONABLE
ACCOMMODATION TO DEVIATE FROM VARIOUS REQUIREMENTS OF THE
ZONING CODE; OPERATED BY NORTHBOUND TREATMENT SERVICES AT
235 AND 241 E. 18TH STREET (03:03:45)
Sheri Vander Dussen, Consultant, presented the staff report. (03:04:19)
Public Hearing opened:
Speaker, spoke against the Conditional Use Permits (CUPs) PA -16-39 and PA -
16 -40.
Robin Leffler, Costa Mesa, spoke against the CUPs. (03:20:03)
Charlene Fisher, spoke against the CUPs. (03:20:16)
Speaker, spoke against the CUPs. (03:22:33)
Steven Chan, Costa Mesa, spoke against the CUPs. (03:24:37)
Bill Bertovich, Costa Mesa, spoke against the CUPs. (03:26:05)
(03:26:00)
Public Hearing closed.
Discussion ensued on the calls for police service. (03:27:50)
Council Member Foley spoke on including testimonies in the resolution.
(03:28:40)
Mayor Genis spoke on the applicant not meeting the burden of proof. (03:30:21)
MOVED/SECOND: Council Member Foley/Mayor Pro Tem Mansoor
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:
1. City Council conducted a single public hearing for Conditional Use Permits PA -
16 -39 and PA -16-40 since the sites are contiguous and operated as a single
facility; and
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 12
2. Adopted Resolution No. 18-26, upholding the decisions of the Director of
Economic and Development Services to deny a request for reasonable
accommodation and the Planning Commission to deny Conditional Use Permit
PA -16-39 with the following revisions to the findings:
a) Updating the number of applications received by the City from 65 to 54
sober living homes and 11 to 7 licensed treatment facilities that are subject to
compliance with Ordinance Nos. 24-13 and 15-11.
(b) Updating the number of existing state -licensed drug and alcohol facilities
in Costa Mesa that are exempt from City regulation, or have already obtained
the required Conditional Use Permit, from 60 to 83.
(c) Include testimonies in the record to support the noise impacts; vehicle
traffic impacts; parking limitations; neighbors' expenses regarding security
measures; and alcohol and marijuana usage on-site; and
3. Adopted Resolution No. 18-27, upholding the decisions of the Director of
Economic and Development Services to deny a request for reasonable
accommodation and the Planning Commission to deny Conditional Use Permit
PA -16-40 with the following revisions to the findings:
a) Updating the number of applications received by the City from 65 to 54
sober living homes and 11 to 7 licensed treatment facilities that are subject to
compliance with Ordinance Nos. 24-13 and 15-11.
(b) Updating the number of existing state -licensed drug and alcohol facilities
in Costa Mesa that are exempt from City regulation, or have already obtained
the required Conditional Use Permit, from 60 to 83.
(c) Include testimonies in the record to support the noise impacts; vehicle
traffic impacts; parking limitations; neighbors' expenses regarding security
measures; and alcohol and marijuana usage on-site.
OLD BUSINESS (03:31:20)
1. FY 2017-18 MID -YEAR BUDGET REPORT AND 5 YEAR FINANCIAL
PROJECTIONS (03:32:06)
Tamara Letourneau, Assistant City Manager, spoke on the Mid -year Budget report.
(03:32:50)
Tom Hatch, City Manager, spoke on the 5 year financial projections. (03:39:33)
Council Member Foley spoke on the 5 -year projections. (03:48:40)
Mayor Pro Tem Mansoor spoke on the pension obligation. (03:53:00)
Mayor Genis spoke on the projections. (03:53:53)
Council Member Stephens spoke on the Self -Insurance Fund. (03:56:25)
Discussion ensued on the Self -Insurance Fund and the 5 -year forecast. (03:57:42)
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 13
Council Member Righeimer spoke on the budget and the 5 -year forecast.
(04:06:11)
Ralph Taboada, Finance and Pension Advisory committee, provided a
presentation. (04:16:46)
Discussion ensued on revenue projections. (04:22:00)
Mr. Hatch spoke on the salary issue and sales tax revenues. (04:29:40)
Public Comments:
Robin Leffler, Costa Mesa, spoke about saving money for pension obligations.
(04:49:11)
Beth Refakes, Costa Mesa, spoke in support of a 115 Trust; increasing the
reserves; adding allocation to the Self -Insurance Fund; Code Enforcement
priorities; and reducing the revenue projection. (04:52:03)
Public Comments closed.
Discussion ensued on the reserves and CPI. (04:54:40)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: To approve the recommended actions.
Council Member Righeimer spoke on the motion. (04:58:30)
Council Member Stephens suggested allocating $1 million as a placeholder and
Council Member Righeimer agreed to include in the motion. (05:01:50)
Mayor Pro Tem Mansoor spoke in support of the motion. (05:03:45)
Council Member Foley spoke in support of the motion. (05:04:14)
Mayor Genis spoke in support of the motion. (05:06:13)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: To approve the recommended actions.
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
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 14
ACTION:
1. Mid -Year Budget Report:
a. City Council received and filed the report; and
b. Allocated $1 million as a placeholder to potentially establish a 115 Trust; and
c. Allocated $1,571,499 towards the Self -Insurance Fund; and
d. Approved the two new code enforcement officer positions and eliminate the
vacant Programmer Analyst II in the IT Department and Plan Check
Engineer in Development Services; and
e. Approved recommended FY 2017-18 budget adjustments.
2. Five -Year Financial Plan:
a. City Council reviewed and filed the five-year financial plan; and
b. Provided direction to staff regarding the issues raised in connection with the
five-year financial plan and future priorities.
City Council recessed into a break at 11:11 p.m.
City Council reconvened at 11:18 p.m.
NEW BUSINESS (05:15:05)
CONSIDER ADOPTION OF A RESOLUTION SEEKING CALIFORNIA STATE
LEGISLATIVE SUPPORT TO REGULATE RESIDENTIAL RECOVERY
FACILITIES (SOBER LIVING HOMES) (05:15:12)
Dan Baker, Assistant to the City Manager, presented the staff report. (05:15:25)
Mayor Pro Tem Mansoor spoke on the item. (05:16:25)
Discussion ensued on vertical integration of services. (05:18:20)
Public Comments:
Bill Bertovich, Costa Mesa, spoke in support of the resolution. (05:19:26)
Steven Chan, Costa Mesa, spoke in support of the resolution. (05:19:51)
Robin Leffler, Costa Mesa, spoke in support of the resolution. (05:22:55)
Public Comments closed.
Mayor Genis spoke on adding prohibition of patient brokering or referrals for any
consideration. (05:23:30)
Council Member Foley spoke on adding support for AB 572; and spoke on sending
correspondence to Senator Ed Hernandez related to AB 1268 and opposing AB
2214. (05:24:00)
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 15
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 adopted Resolution No. 18-28 and approved to send to the League of
California and ACC -OC to share with other cities, which requests support from the
State of California to provide the necessary regulatory tools to ensure local
jurisdictions have adequate means to bring balance between neighborhoods and
the placement of residential recovery facilities (Sober Living Homes) with the
following additions:
(a) Whereas it prohibits patient brokering or referrals for any consideration.
(b) Encourages support for AB -572.
2. CONSIDERATION OF FUNDING ALLOCATION FOR A COMMUNITY FOURTH
OF JULY EVENT TO PROMOTE PUBLIC SAFETY AND PROMOTION OF AN
INCREASE FOR ILLEGAL FIREWORK DISCHARGE FINE
Dan Baker, Assistant to the City Manager, presented the staff report. (05:26:57)
Council Member Stephens spoke on the item. (05:28:16)
Council Member Righeimer spoke to not supporting item. (05:32:18)
Public Comments:
Steven Chan, Costa Mesa, spoke against the item. (05:32:18)
Beth Refakes, Costa Mesa, spoke against the item. (05:35:26)
Pubic Comments closed.
Council Member Foley spoke to not supporting the item. (05:37:50)
MOVED/SECOND: Mayor Foley/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 received and filed.
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018_— PAGE 16
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS - NONE
REPORT — CITY MANAGER - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT - The Mayor adjourned the meeting at 11:40 p.m. in memory of
Barbara Panian.
Minutes adopted on this 5th day of June, 2018.
Sandra L. Genis, Mayor
ATTEST:
Brenda Green, tity Clerk
MINUTES — Costa Mesa City Council Regular Meeting — April 17, 2018 — PAGE 17