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HomeMy WebLinkAbout5-06-2025 MinutesREGULAR CITY COUNCIL AND HOUSING AUTHORITY May 6, 2025 - CLOSED SESSION - 4:00 P.M. CALL TO ORDER The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m. ROLL CALL Present: Council Member Buley, Council Member Gameros, Council Member Marr (Via Zoom Webinar), Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Absent: None. PUBLIC COMMENTS - NONE. CLOSED SESSION ITEMS: 1.CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 Fairview Developmental Center; APN: 420-012-16 Property: 2501 Harbor Blvd., Costa Mesa, CA 92626 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California Under Negotiation: Price and Terms of Payment 2.CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA) 3.CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA) 4.CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA) Minutes - Regular Meeting May 6, 2025 Page 1 of 10 5.CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Confidential Unit 6.CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 APN: 424-051-23; Property: 778 Shalimar Drive, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Dominic Bulone Under Negotiation: Price and Terms of Payment 7.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation. 8.PUBLIC EMPLOYEE PERFORMANCE EV ALUATION Pursuant to California Government Code Section 54957, (b)(l ) Title: City Manager City Council recessed at 4:03 p.m. for Closed Session. Closed Session adjourned at 5:23 p.m. CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE - A video was played of the National Anthem and the Mayor led the Pledge of Allegiance. MOMENT OF SOLEMN EXPRESSION Emeritus. Led by Calvary Chapel Dave Manne, Pastor ROLL CALL Present: Council Member Buley, Council Member Gameros, Council Member Marr (Via Zoom Webinar; Leff at 7:18 p.m.), Council Member Pettis, Council Member Reynolds (Left at 7:18 p.m.), Mayor Pro Tem Chavez, and Mayor Stephens. Absent: None. PRESENT ATIONS: Mayor Stephens presented a proclamation to Joel Medina from the Lill5rdag in honor of National Bike Month. CITY ATTORNEY CLOSED SESSION REPORT - Ms. Hall Barlow stated that pertaining to item number 8 on the closed session agenda, City Council voted on a 4-2-1 vote with Council Members Reynolds and Marr voting no and Mayor Stephens abstaining, to terminate the City Managers contract. Minutes - Regular Meeting May 6, 2025 Page 2 of 10 MOVED/SECOND: Council Member Gameros/Council Member Buley MOTION: Terminate the City Managers contract without cause. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Pettis, and Mayor Pro Tem Chavez. Nays: Council Member Marr and Council Member Reynolds. Absent: None. Abstain: Mayor Stephens. Motion carried: 4-2-1 PUBLIC COMMENTS - MATTERS NOT LISTED ON THE AGENDA Speaker, spoke in honor of Norma Hertzog, spoke on preserving Brentwood Park, and spoke on rededicating efforts for improvements to Brentwood Park in 2025. Reina Cuthill, spoke on the Love Costa Mesa Day event on May 17'h. Sergio Tellez, Coastal Corridor Alliance, spoke on the focus of the Alliance is wildlife preservation, spoke on protecting 380 acres along the Santa Ana River, spoke on providing feedback at the following public meetings; via zoom on May 15th from 4:00p.m. - 5:00 p.m., in person at Field Works on May 21s' from 7:00 p.m. - 9:00 p.m., in person at Norma Hertzog Community Center on June 2nd from 7:00 p.m.-9:00 p.m., and in person at Newport Beach Civic Center on June 21s' from 4:00 p.m. - 6:00 p.m. Peter Kreder, Artistic Director with the Costa Mesa Playhouse, spoke on the history of the Playhouse, that the 40-year partnership with the school district has terminated, and requested assistance to keep the Playhouse open. Speaker, spoke on the Norma Hertzog Community Center and requested maintenance on the projectors or have them replaced. Speaker, spoke on the bike improvements on Adams Avenue between Harbor Boulevard and Fairview Road, spoke on the number of cannabis stores, and spoke on climate change. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds thanked Sergio Escobar, Ivis Torres, Lidian Hanson, and Sandy Munoz for their assistance on a variety of events and for the Emergency Preparedness Town Hall, spoke on the termination of the City Manager's contract, and requested a code of conduct and code of ethics policy. Minutes - Regular Meeting May 6, 2025 Page 3 of 10 Council Member Pettis spoke on attending a ribbon cutting ceremony for Share Our Selves, spoke on attending a meeting regarding permanent lighting at Kaiser School, spoke on Brentwood Park, spoke on assisting the Costa Mesa Playhouse and on the importance of the work of the commissions and committees, spoke on receiving a report from Jason Kamala providing an update on the Parks and Community Services Commission meeting and the Fairview Park Steering Committee meeting, and requested staff to review the requests from the Commissions and on subcommittee meetings. Council Member Buley spoke on touring Share Our Selves, touring the Home Key house and the Bridge Shelter, spoke on a meeting with the Chamber of Commerce, spoke on a meeting and tour with Anduril, spoke on attending the Interfaith Prayer Breakfast, spoke on attending the Orange County Marathon, spoke on receiving input from the Committees, spoke on the Arts Commission and requested a study session on the Commissions and Committees roles and authority, spoke on the FY2025-26 budget and CAN funding and requested staff research options, and spoke on assisting the Costa Mesa Playhouse. Council Member Gameros thanked all departments for assisting with the Orange County Marathon and shared an announcement that former Planning Commissioner Adam Ereth welcomed a son, on April 27'h. Council Member Marr spoke on the termination of the City Manager's contract, and requested a code of conduct and code of ethics policy. Mayor Pro Tem Chavez acknowledged and thanked Lori Ann Farrell Harrison for her service, spoke on assisting the Costa Mesa Playhouse, spoke in support of improvements at Brentwood Park, spoke on attending the Share Our Selves ribbon cutting ceremony, spoke on attending the Ocean Pediatrics ribbon cutting ceremony with the Chamber of Commerce, spoke in support of a code of conduct and ethics policy, requested a study session on committees and commissions roles and authority, spoke on a mission for the Arts Commission, and requested to adjourn the meeting in memory of Jean Forbath. Mayor Stephens spoke in memory of Jean Forbath, spoke on attending the Share Our Selves ribbon cutting ceremony, and will be adjourning the meeting in memory of Jean Forbath. REPORT - CITY MANAGER - NONE. REPORT - CITY ATTORNEY - Ms. Hall Barlow clarified the termination of the City Manager was without cause and announced that Bruce Praet, Attorney, has recently joined Jones and Mayer. Minutes - Regular Meeting May 6, 2025 Page 4 of 10 CONSENT CALENDAR MOVED/SECOND: Mayor Pro Tem Chavez/Mayor Stephens MOTION: Approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: None. Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received from Everett Dorey. Motion carried: 7-0 1.PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND RESOLUTIONS ACTION: City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions. 2.READING FOLDER ACTION: City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Southern California Edison, Mercury Insurance Company (Robert Wolfshagen), Ali Berri, Parker Bittner, Karen Franco, Cathy Jo Liebel. 3.ADOPTION OF WARRANT RESOLUTION Mayor Stephens recused himself on the item due to campaign contributions received from Everett Dorey. ACTION: City Council approved Warrant Resolution No. 2733. 4.MINUTES ACTION: City Council approved the minutes of the regular meeting of April 15, 2025. Minutes - Regular Meeting May 6, 2025 Page 5 of 10 ALERTOC MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE COUNTI OF ORANGE ACTION: 1. City Council approved the Memorandum of Understanding (MOU) between the City of Costa Mesa and the County of Orange to allow the use of the County's Countywide Mass Notification System under the terms and conditions of the County's Countywide Mass Notification System Operations Guidelines and vendor-provider agreements, commencing on December 30, 2024, through December 30, 2029. 2. Authorized the City Manager and/or her designee to execute and manage the MOU on behalf of the City of Costa Mesa. FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS AVENUE TO FAIR DRIVE ADAMS ACTION: 1. City Council awarded a Professional Services Agreement (PSA) to Onward Engineering for professional engineering design services for the Fairview Road Active Transportation Improvements - Adams Avenue to Fair Drive project (Federal Project No. STPL-5312(109)) in the amount of $313,081, in final form approved by the City Attorney. 2. Authorized a ten percent (10%) contingency in the amount of $31,308 for any unforeseen costs that may be required by the project. 3. Authorized the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement. PROPOSED BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION AND INTENTION TO LEVY AN ANNUAL ASSESSMENT ACTION: 1. City Council approved the 2024-2025 Annual Report for the Business Improvement Area (BIA). 2. Received and filed the audited financial report for Fiscal Years Ended June 30, 2024 and June 30, 2023. 3. Adopted Resolution No. 2025-07 declaring the City's intention to levy an annual assessment for Fiscal Year 2024-25 for the Business Improvement Area covering certain Costa Mesa hotels and motels and setting the time and place for a Public Hearing on the proposed annual assessment. AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT CALENDAR ------------------------------END OF CONSENT CALENDAR Minutes - Regular Meeting May 6, 2025 Page 6 of 'I 0 PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE DIRECTOR OF DEVELOPMENT SERVICES DETERMINATION THAT CONDITIONAL USE PERMIT (CUP) PA-21-23 TO ESTABLISH A CANNABIS STOREFRONT LOCATED AT 1687 0RANGE AVENUE (DBA KING'S CREW) HAS EXPIRED Public Comments: Earl Lund, spoke on parking concerns in the area. MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez MOTION: Continue the public hearing to June 3, 2025. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Pettis, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: Council Member Marr and Council Member Reynolds. Abstain: None. Motion carried: 5-0 ACTION: City Council continued the public hearing to June 3, 2025. OLD BUSINESS: NONE. NEW BUSINESS: CAPITAL ASSET NEEDS CAPIT AL IMPROVEMENT YEAR 2024-25 (CAN) ORDINANCE EMERGENCY EXCEPTION AND PROGRAM (CIP) PROJECT DEFERRALS - FISCAL Presentation by Ms. Molina Finance Director and Mr. Sethuraman, Public Works Director. Public Comments: Ralph Taboada spoke in support of approving the waiver but requested City Council defer any action on the replenishment of the $2.9 million. Speaker, spoke in support of improvements at the golf course. Ted White spoke in support of improvements at the golf course. Speaker, spoke in opposition of the deferrals and instead using reserves. Josh Recalde spoke in opposition of the deferrals. Minutes - Regular Meeting May 6, 2025 Page 7 of 10 Richard Huffman spoke on deferring the Belfast Traffic Signal Project. Gary Bennett spoke in support of improvements at the golf course. Cynthia McDonald spoke in support of improvements at the Tennis Center and spoke in opposition of the Belfast Traffic Signal Project. MOVED/SECOND: Mayor Stephens/Council Member Gameros MOTION: Approve staff recommendation as follows: 1. City Council authorized the "Emergency Exception" clause of the Capital Asset Needs Ordinance under Section 2-209.2(a)(2), Economic Downturn, for Fiscal Year 2024-25. 2. Approve staffs "Original Recommendation" of deferred projects (PowerPoint Presentation, page 9). 3. Remove recommendation 3(a), Prioritizing funding in FY 2025-26 if revenues exceed expectations. 4. Restate 3(b) to: reinstate the funding and change it from 10 years to a 5-year period to ensure a fiscally sustainable General Fund budget. 5. Directed staff to bring forth creative options for the 2025-26 budget to include: repealing or amending CAN, using reserves, cutting contracts including consultant contracts, eliminating vacant positions, and any other additional CIP's to consider deferring. 6. Directed staff to bring forth options for council to consider on whether to restore the 2.5% allocation to the Golf Course Fund (which was cut in 2009) which would total 5% to the Golf Course Improvement Fund. Council Member Chavez requested a review of fees for the Tennis Center. Mayor Stephens (jst) and Council Member Gameros (2nd) agreed to the addition. SUBSTITUTE MOTION/SECOND: Council Member Buley/Council Member Pettis SUBSTITUTE MOTION: Approve staff recommendation as follows: 1. City Council authorized the "Emergency Exception" clause of the Capital Asset Needs Ordinance under Section 2-209.2 (a)(2), Economic Downturn, for Fiscal Year 2024-25. 2. Approve "Alternative 2" of deferred projects (PowerPoint Presentation, page 9). 3. Remove recommendation 3(a) Prioritizing funding in FY 2025-26 if revenues exceed expectations. 4. Restate 3(b) to: reinstate the funding and change it from 10 years to a 5-year period to ensure a fiscally sustainable General Fund budget. 5. Directed staff to bring forth creative options for 2025-26 budget to include repealing or amending CAN, using reserves, cutting contracts including consultant contracts, eliminating vacant positions, and any other additional CIP's to consider deferring. 6. Staff to bring forth options for council to consider on whether to restore the 2.5% allocation to the Golf Course Fund (which was cut in 2009) which would total 5% to the Golf Course Improvement Fund. 7. Directed staff to review fees for the Tennis Center. Minutes - Regular Meeting May 6, 2025 Page 8 of 10 The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Pettis, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: Council Member Marr and Council Member Reynolds. Abstain: None. Motion carried: 5-0 ACTION: 1. City Council authorized the "Emergency Exception" clause of the Capital Asset Needs Ordinance under Section 2-209.2 (a)(2), Economic Downturn, for Fiscal Year 2024-25. 2. Approved "Alternative 2" of deferred projects (PowerPoint Presentation, page 9). 3. Approved reinstating the funding over a 5-year period to ensure a fiscally sustainable General Fund budget. 4. Directed staff to bring forth creative options for 2025-26 budget to include repealing or amending CAN, using reserves, cutting contracts including consultant contracts, eliminating vacant positions, and any other additional CIP's to consider deferring. 5. Directed staff to bring forth options for council to consider on whether to restore the 2.5% allocation to the Golf Course Fund (which was cut in 2009) which would total 5% to the Golf Course Improvement Fund. 6. Directed staff to review fees at the Tennis Center. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez requested staff to bring forth a permit streamlining ordinance. ADJOURNMENT - Mayor Stephens adjourned the open meeting at 8:05 p.m. in memory of Jean Forbath. Minutes - Regular Meeting May 6, 2025 Page 9 of 10 Minutes adopted on this 3'd day of June, 2025. AnEST: B!W:n('rk Minutes - Regular Meeting May 6, 2025 Page 10 of 10