HomeMy WebLinkAbout09-04-18 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SEPTEMBER 4, 2018
CALL TO ORDER
The Closed Session was called to order by Mayor Genis at 4:07 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 - NONE
The City Council recessed to Conference Room 5A at 4:09 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: 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: County of Orange, Orange County Flood Control District, City of
Costa Mesa, City of Orange, and City of Anaheim v. California Department of
Public Health; Karen L. Smith, in her official capacity as Director and State Public
Health Officer, Orange County Needle Exchange Program, Superior Court of the
State of California, County of San Diego, Hall of Justice Center Courthouse,
Case No. 37 -2018 -00039176 -CU -MC -CTL.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 1
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
INITIATION OF LITIGATION — TWO POTENTIAL CASES
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
The City Council reconvened at 6:00 p.m.
CALL TO ORDER
The meeting was called to order by Mayor Genis at 6:00 p.m. in the Council Chambers
at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE - Council Member Stephens
ROLL CALL
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem 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 — City Attorney Duarte reported on
Closed Session Item No. 5, in which the City Council, on a vote of 5-0, directed the City
Attorney's office to file an action, and the defendants will be identified once the action is
filed.
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS — "Costa Mesa Minute" was played featuring upcoming events and
activities in the community.
PUBLIC COMMENTS:
Flo Martin, Costa Mesa, spoke on a walkable city; and requested no right turn only
lanes in all directions on major intersections. (00:05:20)
Kelly Rowe, Costa Mesa, spoke on running for the Orange County Water District 7.
(00:08:10)
Bruce Krochman, spoke on the Speak Your Peace Project. (00:09:48)
Kim Hendricks, Costa Mesa, spoke against the turnaround on Pacific Avenue.
(00:12:51)
Tamar Goldmann, Costa Mesa, thanked staff for a curb ramp; and spoke on removing
overlays. (00:16:33)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 2
Rebecca Trahan, Costa Mesa, spoke on campaign signs. (00:19:01)
Martie O'Meara, Costa Mesa, spoke on the Newport Community for Students candidate
forum on October 1St. (00:19:47)
Robin Leffler, Costa Mesa, spoke on campaign signs. (00:21:15)
Barrie Fisher, Costa Mesa, spoke on sober living homes and Casa Capri on Governor
Street. (00:22:27)
Speaker, spoke on sober living issues; spoke in favor of Cottie Petrie -Norris for State
Assembly. (00:26:35)
Beth Refakes, Costa Mesa, spoke on traffic and speeding problems; stop sign on
Fullerton; and requested the status of Fire Station #1. (00:29:05)
Bill McCarty, Costa Mesa, spoke on the California Coastal Cleanup Day on September
15th. (00:32:30)
Speaker, spoke on addressing the Small Lot Ordinance; overlays; Needle Exchange
program; and homeless issues. (00:33:19)
Speaker, spoke on Public Records Request regarding a writ; and City Attorney opinion.
(00:36:28)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:39:30)
Council Member Stephens congratulated the fire department on the implementation of
ambulance transport model; spoke on the Needle Exchange hearing on September 28th;
Homelessness Taskforce meeting on September 12th; Habitat for Humanity meeting on
September 28th; and Assembly Bill 448 that creates the OC Housing Trust. (00:39:43)
Council Member Righeimer spoke on a trip to China; long range planning; drop in sales
tax; increases in property tax assessments; and labor contracts. (00:43:00)
Mayor Pro Tem Mansoor spoke on political signs. (00:47:05)
Council Member Foley spoke on the memorial service for Jerry Hornbuckle; back to
school day; sign on Adams Avenue about closure; trash issues on 55 freeway to Fair
Drive and Harbor Boulevard; inspection of gutters; Rochester Street parking; Festival of
Children; and shopping locally. (00:49:13)
Mayor Genis spoke on the memorial services for Jerry Hornbuckle and Hank Panian;
reported on her attendance at the Orange County Needle Exchange Program Open
House; spoke on the moratorium; requests of staff; traffic safety; and campaign sign
rules.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 3
CONSENT CALENDAR (00:57:56)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 12
except for 3, 6, 8, 11 and 12.
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. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE
ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES
AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE
READ BY TITLE ONLY AND FURTHER READING WAIVED
ACTION:
City Council/Agency Board/Authority Board waived reading of Ordinances and
Resolutions.
2. READING FOLDER
Claims received by the City Clerk: Nicholas Patrick and Andrew Rutledge
ACTION:
City Council received and filed.
4. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY MEETINGS OF JULY 17, 2018 AND
AUGUST 7, 2018 AND SPECIAL CLOSED SESSION OF AUGUST 3, 2018
ACTION:
City Council approved the minutes of July 17, 2018, August 3, 2018 and August
7, 2018.
5. ACCEPTANCE AND APPROVAL OF MONETARY DONATIONS AND
ACCOMPANYING BUDGET ADJUSTMENTS FOR YOUTH RUNNING CLUB
AND SMART CAMP PROGRAMS
ACTION:
1. City Council accepted two (2) monetary donations for youth programs; and
2. Authorized a budget adjustment recognizing $3,333.52 in donations and
appropriating $3,333.52 to the Parks and Community Services Department
budget for the specified purposes.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 4
7. REPLACEMENT OF PEDESTRIAN BRIDGES AT TEWINKLE PARK
PROJECT - CITY PROJECT NO. 17-12
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 release of the Labor and Material Bond one (1) year 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.
9. CDBG PROJECT: POMONA AVENUE PAVEMENT REHABILITATION FROM
18TH STREET TO 19TH STREET, CITY PROJECT NO. 18-02
ACTION:
1. City Council accepted the work performed by All American Asphalt 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.
10. APPROVAL OF THE LICENSE AGREEMENT WITH THE ORANGE COUNTY
MODEL ENGINEERS FOR THE USE OF A PORTION OF FAIRVIEW PARK
ACTION:
1. City Council approved the license agreement with the Orange County Model
Engineers, Inc. (OCME) for the use of a portion of the eastside of Fairview Park
to operate and maintain a model railroad facility for a period of twenty years,
ending on September 9, 2038, with the option to extend the term for two (2)
additional five-year periods; and
2. Authorized the City Manager to execute the license agreement and any future
amendments to the agreement.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 5
ITEMS PULLED FROM THE CONSENT CALENDAR:
3. WARRANT RESOLUTION NO. 2604 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL NOS. 18-14 "A" FOR $154.83; 18-15 FOR
$2,685,935.08; 18-15 "A" FOR $5,522.80; AND 18-16 FOR $2,651,956.85;
AND CITY OPERATING EXPENSES FOR $5,727,916.63; AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (00:58:37)
Public Comments:
Speaker, spoke on attorney services; and sober living homes. (00:58:40)
MOVED/SECOND: Mayor Pro Tem Mansoor/Council Member Foley
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. 2604.
6. AMENDMENT NUMBER TWO TO PROFESSIONAL SERVICES AGREEMENT
WITH SAGECREST PLANNING AND ENVIRONMENTAL, LLC (00:58:40)
Public Comments:
Speaker, spoke against outside contracting. (00:57:40)
Discussion ensued on filling vacant positions; and the services provided.
(01:02:22)
Speaker spoke against outsourcing. (01:05:37)
Discussion ensued on utilizing consultants for peak periods. (01:08:42)
Council Member Foley requested options related to a part-time employee.
(01:12:41)
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
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 6
ACTION:
1. City Council approved Amendment Number Two to the existing Professional
Services Agreement (PSA) with Sagecrest Planning and Environmental, LLC
authorizing an additional amount of $30,000 for consultant staff services; and
2. Authorized the City Manager to execute the amendment and future
amendments to this Agreement.
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AUTHORIZING ACCEPTANCE OF GRANT AWARDS FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) (01:13:06)
Public Comments:
Flo Martin, Costa Mesa, spoke in support of enforcement for bicyclists and
pedestrians. (01:13:30)
Robin Leffler, Costa Mesa, spoke in support of the resolution; and spoke on the
grant. (01:15:46)
Steven Chan, Costa Mesa, spoke in support of the resolution; and spoke on
earmarking for Pomona Street. (01:18:00)
MOVED/SECOND: Council Member Righeimer/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 adopted Resolution No. 18-56, which authorizes the application for,
and acceptance of, a grant award from the State of California — Office of Traffic
Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and
authorizes the Police Chief to execute the Grant Agreement; and
2. Approved a budget adjustment in the total amount of $225,000 to increase
revenue and appropriation for overtime, professional development and
equipment associated with the 2018 OTS STEP Grant.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 7
11. SPECTRUM ENTERPRISE SERVICE AGREEMENT (01:20:00)
Public Comments:
Speaker, spoke on connection with the police department. (01:20:09)
City Manager Hatch spoke on providing a connection to the police department.
(01:21:15)
Council Member Righeimer spoke on microwave antennas. (01:21:44)
Discussion ensued on options available. (01:22:22)
MOVED/SECOND: Council Member Stephens/Council Member Foley
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 approved the five-year Spectrum Enterprise Service Agreement
between the City of Costa Mesa and Charter Communications, Inc.
(Spectrum), for the establishment of network connections between City Hall
and all of the remote sites of the City commencing on October 23, 2018
through October 22, 2023; and
2. Approved the Customer Service Order in the current annual amount of
$189,792 (paid in monthly installments of $15,816). The annual amount
is subject to adjustment if the City decides to increase its bandwidth
depending on its future needs; and
3. Authorized the City Manager and the City Clerk to execute the agreement;
and
4. Authorized the City Manager and the City Clerk to accept and execute future
amendments to the agreement; and
5. Authorized a budget adjustment appropriating $94,896 in the Information
Technology Department budget to be funded from fiscal year 2017-18
surpluses.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 8
12. AUTHORIZE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT
(FFE) AND SITE FURNISHINGS TOTALING $799,590.04 FOR PHASE 1 OF
LIONS PARK PROJECTS (01:24:13)
Public Comments:
Speaker, spoke on purchasing furniture with no fabric and that can be easily
cleaned. (01:24:25)
Speaker, spoke on the item and durable furniture. (01:25:42)
MOVED/SECOND: Mayor Pro Tem Mansoor/Council Member Righeimer
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 authorized the City Manager to execute contracts and purchase
orders relating to the purchase and installation of furniture, fixtures and
equipment and site furnishings in the amount of $799,590.04 for Phase 1 of the
Lions Park Projects.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. EXTENSION OF AN URGENCY ORDINANCE NO. 18-07 AS AN INTERIM
MEASURE TO PROHIBIT THE ESTABLISHMENT OF NEEDLE EXCHANGE
PROGRAMS WITHIN ALL ZONING DISTRICTS IN THE CITY OF COSTA MESA
(01:28:37)
Barry Curtis, Economic and Development Services Director, presented the staff
report; and provided the correct effective date of the proposed ordinance, which is
through August 5, 2019. (01:29:05)
Public Hearing opened:
Speaker, spoke in support of the ordinance. (01:32:02)
David Salcedo, Costa Mesa, spoke against a Needle Exchange Program location
on Whittier and West 17"' Street. (01:34:26)
Speaker, spoke on crime and the issue. (01:35:37)
MINUTES -REGULAR MEETING -SEPTEMBER 4, 2018 -PAGE 9
Bill McCarty, Costa Mesa, spoke on the issue and campaigns. (01:37:40)
Steven Chan, Costa Mesa, spoke in support of the moratorium and the 90 -day
review period; and letter in opposition. (01:38:43)
Public Hearing closed.
Mayor Pro Tem Mansoor spoke on his opposition to the Needle Exchange Program
and portable toilets. (01:41:14)
Council Member Foley spoke on the process of sending correspondence on behalf
of City Council; and opposition to the program. (01:43:13)
Council Member Righeimer spoke on stopping the program; prohibiting crime; and
problems at motels. (01:45:45)
Mayor Genis spoke on researching the program and writing the letter of opposition
to the state. (01:48:13)
Council Member Stephens spoke on the City Council's opposition to the program.
(01:51:30)
MOVED/SECOND: Mayor Pro Tem Mansoor/Council Member Foley
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 issued the Report of the City Council: Extension of Urgency Ordinance
No. 18-07, which describes the measures taken to alleviate the conditions which
led to the adoption of the moratorium.
MOVED/SECOND: Council Member Foley/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
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 10
ACTION:
City Council introduced and adopted Urgency Ordinance No. 18-08 to extend
Urgency Ordinance No. 18-07 prohibiting the establishment and/or operation of
hypodermic needle and syringe exchanges within all zoning districts of the City of
Costa Mesa for the protection of the public health, safety and welfare pursuant to
Government Code section 65858, for a period of 10 months and 15 days.
2. A RESOLUTION ADOPTING SMALL CELL TELECOMMUNICATION FACILITY
DESIGN GUIDELINES AND APPROVING AN ORDINANCE (CODE
AMENDMENT CO -18-03) AMENDING COSTA MESA MUNICIPAL CODE
SECTION 19-15 TO REFERENCE THE PROPOSED DESIGN GUIDELINES
(01:53:12)
Council Member Righeimer recused himself, stepped down from the dais and left
the Council Chambers as he owns cell towers and is a landlord to some of the cell
companies. (01:53:55)
Discussion ensued on the letter received from Paul Albritton, representing Verizon.
(01:54:16)
Johnwilly Aglupos, Assistant Planner, presented the staff report. (01:57:16)
Discussion ensued on design guidelines in surrounding cities; Use permits vs.
Encroachment permits; definition of integrated; noticing; and maintenance
requirements. (02:08:27)
Discussion ensued on notice to carriers; staff's meeting with all four carriers;
permits; and SCE design guidelines. (02:15:50)
Public Hearing opened:
Speaker, spoke against Verizon equipment. (02:22:13)
Robin Leffler, Costa Mesa, spoke on the intent statement. (02:24:42)
Diane McClellan, representing Verizon Wireless, requested the continuance of
the item in order to schedule a stakeholders' meeting. (02:25:22)
Bill McCarty, Costa Mesa, spoke on benefitting the community first. (02:28:29)
Stella Bezabeh, representing Verizon Wireless, requested the continuance of the
item in order to schedule a stakeholders' meeting. (02:29:15)
Franklin Orozco, representing AT & T, requested the continuance of the item in
order to schedule a stakeholders' meeting. (02:29:55)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 11
Dan Vozenilek, representing AT & T, requested the continuance of the item in
order to schedule a stakeholders' meeting; and spoke on inconsistencies in the
current code. (02:32:05)
Mr. Israel, Costa Mesa, spoke on problems with the guidelines and a
stakeholders' meeting. (02:33:47)
Public Hearing closed.
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To continue the item to the first meeting in October. (02:37:00)
Discussion ensued on the light and utility poles and sub leasing. (02:37:25)
Discussion ensued on the first and second readings of the ordinance and making
changes. (02:38:43)
SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Mansoor/None
SUBSTITUTE MOTION: To approve the recommended action. (02:41:15)
Motion died due to lack of a second.
Discussion ensued on comments from the carrier. (02:41:30)
Council Member Foley spoke on the continuance of the item. (02:43:06)
Discussion ensued on active applications; meeting the deadlines; and the small
cell facilities called up for review. (02:43:30)
Council Member Foley spoke on including in the motion, staying all application
approvals and continuing any pending items to the meeting following the
adoption of the design guidelines. Council Member Stephens (the second)
concurred. (02:44:39)
Discussion ensued on extending the time agreement; no active applications from
Verizon; and including a map. (02:44:55)
Council Member Stephens spoke on engagement with stakeholders and noticing.
(02:49:22)
Mayor Genis spoke to supporting the motion. (02:51:27)
Mayor Pro Tem Mansoor spoke to not supporting the motion. (02:52:15)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 12
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To continue the item to the October 2, 2018 City Council meeting and
staying all small cell application approvals and continuing any pending small cell
Council items to the meeting following the adoption of the design guidelines.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, and Mayor Genis.
Nays: Mayor Pro Tem Mansoor
Absent: None
Abstain: Council Member Righeimer
Motion carried: 3-1-0-1
ACTION:
City Council continued the item to the October 2, 2018 City Council meeting and
agreed staying all small cell application approvals and continuing any pending
small cell Council items to the meeting following the adoption of the design
guidelines.
City Council recessed into a break at 8:50 p.m. (02:52:50)
City Council reconvened at 9:08 p.m. (03:06:33)
3. ORDINANCE 18-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING ARTICLE 2.5, CHAPTER V, OF TITLE 13
(ZONING CODE), RELATING TO SMALL LOT SUBDIVISIONS
Minoo Ashabi, Principal Planner, presented the staff report. (03:07:01)
Discussion ensued on the number of projects and units developed; owner
occupancy survey; homeowners' exemption on assessors roll; and guest parking.
(03:14:54)
Council Member Stephens spoke on the history of the Small Lot Ordinance and its
intent. (03:19:25)
Discussion ensued on affordability. (03:22:47)
Public Hearing opened:
Richard Valen, Costa Mesa, spoke against the ordinance. (03:23:53)
Cynthia McDonald, Costa Mesa, spoke on modifying the Small Lot Ordinance to
include affordable housing. (03:26:55)
Adam Wood, representing Building Industry Association (BIA), spoke in support of
the Small Lot Ordinance. (03:29:28)
Speaker, spoke against the Small Lot Ordinance. (03:31:57)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 13
Speaker, spoke against the Small Lot Ordinance. (03:34:24)
Robin Leffler, Costa Mesa, spoke on a moratorium and requested going back to
R2 (Multi -Family Residential District). (03:37:00)
Discussion ensued on parking and reverting to R2. (03:40:07)
Steven Chan, Costa Mesa, spoke on density in District 4. (03:43:02)
Tom Walker, Costa Mesa, spoke on the item. (03:49:51)
Speaker, Costa Mesa, spoke on keeping the Small Lot Ordinance the same.
(03:54:01)
Speaker, spoke on keeping the Small Lot Ordinance the same. (03:56:58)
Speaker, spoke on implementing the Small Lot Ordinance. (03:59:28)
Beth Refakes, Costa Mesa, spoke against the Small Lot Ordinance. (04:02:40)
Public Hearing closed.
Mayor Genis spoke on the issue. (04:06:47)
Mr. Curtis spoke on incentives; open space; and parking. (04:07:40)
Council Member Foley spoke on the issue. (04:08:43)
Council Member Righeimer spoke on the issue. (04:15:10)
Council Member Stephens spoke on the issue. (04:24:03)
MOVED/SECOND: Council Member Stephens/None
MOTION: To repeal the ordinance. (04:31:00)
Motion died due to lack of a second.
Discussion ensued on the Common Interest Development standards. (04:31:36)
MOVED/SECOND: Mayor Genis/Mayor Pro Tem Mansoor
MOTION: To approve the recommendations by the Planning Commission except
to remove C (Revise the parking standards to require two garage spaces and
one open parking for two bedroom units) and remove G (Add a new minimum lot
size standard of 7,260 square feet for the development lot to the Small Lot
Development Standards) and add a provision that up to five percent of the
required open space can be used for guest parking with the one-for-one credit.
(04:33:17)
Discussion ensued on the parking standards. (04:34:00)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 14
Mayor Pro Tem Mansoor spoke in support of revising the motion to include (C).
Mayor Genis concurred. (04:38:45)
Discussion ensued on the new minimum lot size standard. (04:39:41)
MOVED/SECOND: Mayor Genis/Mayor Pro Tem Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: Council Member Stephens
Absent: None
Motion carried: 4-1
ACTION:
1. City Council found that the ordinance is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
2. As recommended by the Planning Commission, City Council gave first
reading to Ordinance No. 18-10, approval of Code Amendment CO -18-02 for
the following amendments to Title 13, Chapter V, Article 2.5 of the Costa
Mesa Municipal Code, related to Small Lot Subdivisions, eliminating the
the Planning Commission's proposed new minimum lot size standard of
7,260 square feet for the development lot to the Small Lot Development
Standards and adding final conditions as follows:
a) Revise the 30 percent minimum open space requirement to 35 percent;
and
b) Revise the minimum rear yard setback from 10 feet to 15 feet for both
first and second floors; and
c) Revise the parking standards to require two garage spaces and one
open parking for two bedroom units; and
d) Revise the Small Lot Ordinance Standards to require a minimum 16 -foot -
wide driveway for flag lots, a minimum eight feet wide pedestrian access
from a public street for an alley lot and prohibit units fully fronting on a
public alley; and
e) Revise the minimum distance between buildings to six feet; and
f) Revise the Zoning Code to prohibit applying SLO standards in
conjunction with the Urban Plan standards; and
g) Allow five percent of the required open space to be used for independently
accessible guest parking.
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 15
OLD BUSINESS (04:43:06)
1. SECOND READING AND ADOPTION OF ORDINANCE NO. 18-06 TO AMEND
SECTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
(PLANNING, ZONING AND DEVELOPMENT) RELATING TO NOTICING FOR
PUBLIC HEARINGS (04:43:10)
Jennifer Le, Assistant Director of Development Services, presented the staff report.
(04:43:51)
Discussion ensued on notice radius. (04:44:13)
No public comments on this item.
MOVED/SECOND: Council Member Foley/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 gave second reading and adopted Ordinance No. 18-06, adopting
Code Amendment CO -17-04 to expand the Public Notice provided for zoning
matters per Section 13-29(d) of the Costa Mesa Municipal Code to include both
owners and occupants of properties within 500 feet of a project site.
NEW BUSINESS (04:45:08)
1. AMENDMENT TO CITY ATTORNEY RETAINER AGREEMENT WITH JONES &
MAYER (04:45:15)
City Attorney Duarte recused himself, stepped down from the dais and left the
Council Chambers due to potential financial conflicts on the City Attorney's
contract with the City. (04:45:25)
Alma Reyes, Management Analyst, presented the staff report. (04:45:37)
Council Member Stephens spoke on the budget for attorney services. (04:45:37)
Discussion ensued on the projected budget; self-insurance fund; operating fund;
projected budget; non -litigation fees; increased costs; and the $225 proposed
hourly rate. (04:52:10)
Public Comments:
Ralph Taboada, Costa Mesa, spoke on adequately budgeting the item. (05:10:17)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 16
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: To receive and file the independent auditor's report. (05:11:35)
Council Member Stephens spoke against the motion. (05:11:45)
Council Member Righeimer spoke on the issue. (05:12:16)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: To receive and file the independent auditor's report.
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: Council Member Foley and Council Member Stephens.
Absent: None
Motion carried: 3-2
ACTION:
City Council received and filed independent auditor's report regarding the proposed
Amendment Number One to Amended Retainer Agreement for City Attorney
Services between Jones & Mayer and the City of Costa Mesa.
2. SERVICES AGREEMENT FOR PUBLIC SAFETY HELICOPTER SUPPORT
BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF COSTA
MESA (05:16:59)
Bryan Glass, Police Captain, presented the staff report. (05:17:10)
Discussion ensued on County services; response times and services from
Huntington Beach; drones; and Helicopter Pilot Rob Dimel. (05:20:55)
Council Member Righeimer spoke on the City of Huntington Beach services.
(05:25:43)
Public Comments:
Robin Leffler, Costa Mesa, spoke in support of ABLE. (05:27:59)
Captain Glass explained the arrangement with the City of Huntington Beach; and
monitoring the response times. (05:30:24)
MOVED/SECOND: Council Member Foley/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
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 17
ACTION:
City Council received and filed independent auditor's report regarding the proposed
public safety helicopter support services contract between the City of Huntington
Beach and the City of Costa Mesa.
3. URBAN MASTER PLAN SCREENING REQUEST (UMP -18-01) FOR A MIXED-
USE DEVELOPMENT IN THE 19 WEST URBAN PLAN OVERLAY AT 752 AND
756 W. 19TH STREET (05:39:24)
Minoo Ashabi, Principal Planner, presented the staff report. (05:39:42)
Discussion ensued on the trips per day; covered parking; mechanical parking;
parking concerns; garage doors; and open spaces. (05:46:21)
MOVED/SECOND: Mayor Pro Tem Mansoor/Council Member Righeimer
MOTION: To continue the meeting past midnight.
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 meeting past midnight.
Public Comments:
Steven Chan, Costa Mesa, spoke on parking; garage doors; and spoke in support
of the project. (06:03:00)
Robin Leffler, Costa Mesa, spoke on several concerns with the project. (06:05:38)
Beth Refakes, Costa Mesa, spoke on several concerns with the project.
(06:08:15)
Public Comments closed.
Council Member Foley spoke in support of the project; spoke on the mechanical
lift; bike rack credit; parking issues; and massing from the street. (06:10:43)
Mayor Pro Tem Mansoor spoke in support of the project. (06:15:30)
Mayor Genis spoke on keeping the doors; structure on the third floor; and parking
concerns. (06:15:33)
Council Member Righeimer spoke on parking concerns. (06:17:35)
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 18
Council Member Stephens spoke in support of the project. (06:18:16)
NO VOTE NEEDED:
City Council provided feedback on a proposed Urban Master Plan Request (UMP -
18 -01) for a mixed use development within the 19 West Urban Plan Overlay at 752
and 756 W. 19th Street.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (06:18:38)
Mayor Pro Tem Mansoor requested clarification regarding campaign signs on private
properties. (06:18:42)
Discussion ensued on the non-commercial portable signs. (06:19:07)
REPORT — CITY MANAGER - NONE
REPORT — CITY ATTORNEY — NONE
ADJOURNMENT — Mayor Genis adjourned the meeting at 12:18 a.m.
Minutes adopted on this 18th day of September, 2018.
S ndra L. Genis, Mayor
ATTEST:
P)CU& j&,
Brenda Gree , City Clerk
MINUTES - REGULAR MEETING - SEPTEMBER 4, 2018 - PAGE 19