HomeMy WebLinkAbout00. AGENDAAGENDA – REGULAR MEETING – JANUARY 2, 2018 – PAGE 1
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AGENDA
CITY OF COSTA MESA
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY* MEETING
*NOTE: ALL AGENCY AND AUTHORITY MEMBERSHIPS ARE REFLECTED IN THE TITLE “COUNCIL MEMBER.”
TUESDAY, JANUARY 2, 2018
CITY COUNCIL CHAMBERS, 77 FAIR DRIVE
CLOSED SESSION – 4:00 P.M.
REGULAR MEETING – 6:00 P.M.
SANDRA L. GENIS
Mayor
ALLAN R. MANSOOR KATRINA FOLEY
Mayor Pro Tem Council Member
JOHN B. STEPHENS JAMES M. RIGHEIMER
Council Member Council Member
City Attorney City Manager
Thomas Duarte Thomas R. Hatch
Note regarding agenda-related documents provided to a majority of the City
Council after distribution of the City Council agenda packet (GC §54957.5):
Any related documents provided to a majority of the City Council after distribution of the
City Council Agenda Packets will be made available for public inspection. Binders
containing these agenda-related documents are located in the Council Chambers lobby.
In addition, such documents may be posted—whenever possible on the city’s website at
www.costamesaca.gov.
Please note that records submitted by the public will not be redacted in any way
and will be posted online as submitted, including any personal contact
information.
Your attendance at this public meeting is valued and appreciated. If you have questions
regarding the agenda, public comments or wish to obtain copies of documents please
contact the City Clerk office at (714) 754-5225 or e-mail cityclerk@costamesaca.gov
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WELCOME TO THE CITY COUNCIL MEETING
PUBLIC COMMENTS – MATTER NOT LISTED ON THE AGENDA:
Members of the public desiring to speak during the Public Comments period on a matter not
on the agenda are not required to submit a speaker card but may choose to voluntarily
complete a card for facilitation of the minutes and possible follow-up to their comments.
Members of the public shall only address the City Council one time at any given meeting for
non-agenda items. Each speaker is limited to three minutes.
PUBLIC COMMENTS – CONSENT CALENDAR:
Members of the public desiring to speak on a consent calendar item shall submit such a
request on a speaker card prior to the start of the Consent Calendar period. Each speaker
is limited to three minutes.
PUBLIC COMMENTS – MATTER LISTED ON THE AGENDA:
Members of the public desiring to speak during the Public Comments period on a matter
listed on the agenda are not required to submit a speaker card but may choose to
voluntarily complete a card for facilitation of the minutes and possible follow-up to their
comments. Each speaker is limited to three minutes.
1. Any written communications, photos, or other material for copying and distribution to the
City Council that is 10 pages or less, must be submitted to the City Clerk NO LATER
THAN 3:00 P.M. If the public wishes to submit written communication, photos, or other
material for distribution to the City Council at the meeting AFTER 3:00 p.m., 10 copies
will need to be provided for distribution. Please note that NO copies of written
communication will be made AFTER 3:00 p.m. All materials, pictures, PowerPoints, and
videos submitted for display at a public meeting must be previously reviewed by staff to
verify appropriateness for general audiences. Kindly submit to the City Clerk AS
EARLY AS POSSIBLE, BUT NO LATER THAN 15 MINUTES PRIOR TO THE START
OF THE MEETING. Materials may also be e-mailed to cityclerk@costamesaca.gov.
2. All cell phones and other electronic devices are to be turned off or set to vibrate.
Members of the audience are requested to step outside the Council Chambers to
conduct a phone conversation.
3. Free Wi-Fi is available in the Council Chamber during the meetings. Two networks are
available: council1 and council2. The password for either network is: cmcouncil.
In compliance with the Americans with Disabilities Act of 1990, Assistive Listening
headphones located inside the Council Chambers are available at all Costa Mesa City
Council meetings and can be checked out from the City Clerk. If you need special
assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225.
Notification at least 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
Language translation services are available for this meeting by calling (714) 754-5225 at
least 48 hours in advance. Habrá servicio de interpretación disponible para éstas juntas
llamando al (714) 754-5225 por lo menos con 48 horas de anticipación.
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CLOSED SESSION – 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items on
the Closed Session agenda. Each member of the public will be given three minutes to
speak.
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: Yellowstone Women’s First Step House, Inc., and Sober Living
Network, Inc. v. City of Costa Mesa, U.S. District Court, Central District of
California, Case No. SACV14-01852 JVS.
The City Council and Successor Agency to the Redevelopment Agency will
recess to Conference Room 5A for Closed Session at the conclusion of public
comments.
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REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY
TUESDAY, JANUARY 2, 2018 – 6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE Council Member Stephens
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers
stating their own views. The City Council disclaims any intent to endorse or sponsor the
views of any speaker.]
Pastor Jordan Hansen, Newport Mesa Church
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
•COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)
ANNOUNCEMENTS:
There’s always something happening in Costa Mesa!
The Mayor will play a video clip of the “Costa Mesa Minute,” featuring upcoming events
and activities in the community.
PRESENTATIONS:
1. Public Services Street Improvement Projects – Raja Sethuraman, Public Services
Director
PUBLIC COMMENTS – MATTER NOT LISTED ON THE AGENDA:
Members of the public desiring to speak during the Public Comments period on a matter
not on the agenda are not required to submit a speaker card but may choose to
voluntarily complete a card for facilitation of the minutes and possible follow-up to their
comments. Members of the public shall only address the City Council one time at any
given meeting for non-agenda items. Each speaker is limited to three minutes. The
three minute per speaker time limit may be extended for good cause by the Mayor or by
a majority vote of the City Council. Questions and comments made by public speakers
may be addressed by the City Council during Council Comments or by the City
Manager during the City Manager’s Report.
AGENDA – REGULAR MEETING – JANUARY 2, 2018 – PAGE 5
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COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(Each council member is limited to four minutes. Additional comments will be heard at
the end of the meeting)
1. Council Member Stephens
2. Council Member Righeimer
3. Mayor Pro Tem Mansoor
4. Council Member Foley
5. Mayor Genis
CONSENT CALENDAR:
All matters listed under the Consent Calendar are considered to be routine and will be
acted upon in one motion. There will be no separate discussion of these items unless
members of the City Council, staff, or the public request specific items to be discussed
and/or removed from the Consent Calendar for discussion.
1. READING FOLDER - Claims received by the City Clerk: William Tyler Davis and
GEICO as Subrogee for Noelle Swanger.
RECOMMENDATION:
City Council receive and file.
2. WARRANT RESOLUTION NO. 2589 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 17-24 FOR $2,330,457.47;
AND CITY OPERATING EXPENSES FOR $1,955,926.38; AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
Finance Department
RECOMMENDATION:
City Council approve Warrant Resolution No. 2589.
3. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY MEETINGS OF NOVEMBER 7, 2017
AND NOVEMBER 21, 2017 - City Manager’s Office/City Clerk Division
RECOMMENDATION:
City Council approve the minutes of November 7, 2017 and November 21, 2017.
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4. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA REVERSING THE DECISION OF THE PLANNING
COMMISSION AND DENYING CONDITIONAL USE PERMIT PA-17-36 TO
ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED
BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER
STREET – Development Services Department/Planning Division
RECOMMENDATION:
City Council adopt Resolution No. 18-01 reversing the Planning
Commission’s approval of Planning Application PA-17-36.
5. APPROVE A SOLE SOURCE JUSTIFICATION REQUEST FOR AIR
EXCHANGE INC. FOR THE PURCHASE AND INSTALLATION OF
PLYMOVENT EXHAUST SYSTEMS AT FIRE STATIONS 2, 3, 4, 5 AND 6
Fire & Rescue Department/Public Services Department
RECOMMENDATION:
1. City Council approve a Sole Source Justification with Air Exchange, Inc.,
1494-B East Francis Street, Ontario, CA 91761 for the purchase and
installation of Plymovent Vehicle Exhaust System at Fire Stations 2,3,4,5
and 6; and
2. Approve and authorize the City Manager and the City Clerk to execute a
Professional Services Agreement with Air Exchange, Inc. for the purchase
and installation of the Plymovent Vehicle Exhaust System for an amount not
to exceed $249,000, effective January 2, 2018 through complete installation
and final acceptance by the City.
6. CITYWIDE SCHOOL ZONE TRAFFIC CALMING PROJECT, FEDERAL
PROJECT NO. SRTSL-5312 (090), CITY PROJECT NO. 15-04
Public Services Department/Engineering Division
RECOMMENDATION:
1. City Council approve Contract Change Order No. 2 in the amount of
$12,972.00; and
2. Accept the work performed by Asplundh Construction Group and authorize
the City Clerk to file the Notice of Completion; and
3. Release the Labor and Materials Bond seven (7) months after the filing date;
release the Faithful Performance Bond six (6) months after the filing date;
and release the retention monies after the Notice of Completion is filed.
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7. PROFESSIONAL ENGINEERING SERVICES TO PROVIDE AS-NEEDED
STAFF SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS - Public Services Department/Engineering Division
RECOMMENDATION:
1. City Council approve Amendment No. 2 to the Professional Services
Agreement with CivilSource, Inc., 9890 Irvine Center Drive, Irvine, California
92618, increasing the maximum compensation by $355,000.00, to secure
additional services, on an as-needed basis, for Project/Construction
Management and Public Works Inspection for various Council-approved
Capital Improvement Program (CIP) projects; and
2. Approve Amendment No. 3 to the Professional Services Agreement with
Interwest Consulting Group, Inc., 15140 Transistor Lane, Huntington Beach,
California 92649, increasing the maximum compensation by $500,000.00, to
secure additional services, on an as-needed basis, for Project/Construction
Management and Public Works Inspection for various Council-approved CIP
projects and extend the term of the Agreement through June 30, 2018; and
3. Authorize the City Manager to execute the Amendments.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR:
PUBLIC HEARINGS – 7:00 p.m. (Resolution No. 05-55):
1. CODE AMENDMENT CO-16-04B – AMENDMENT TO ARTICLES 2 AND 3
(SIGN REGULATIONS) OF CHAPTER VIII (SIGNS) OF TITLE 13 (PLANNING,
ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE
REGARDING NON- COMMERCIAL BANNERS
Development Services Department/Planning Division
RECOMMENDATION:
City Council give first reading to Ordinance No. 18-xx, to be read by title only, and
further reading waived, adopting Zoning Code Amendment CO-16-04B to amend
Articles 2 (General Provisions) and 3 (Sign Regulations) of Chapter VIII (Signs) of
Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code.
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2. AN ORDINANCE TO ADOPT CODE AMENDMENT CO-17-01 AMENDING TITLE
13, ARTICLE 2 CHAPTER I, IV, V, VI OF THE COSTA MESA MUNICIPAL CODE
RELATED TO ACCESSORY DWELLING UNITS
Planning Division/Development Services Department
RECOMMENDATION:
1. City Council find that the ordinance is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the
CEQA Guidelines, which states that “the adoption of an ordinance regarding
second units in a single-family or multifamily zone by a city to implement the
provisions of Sections 65852.1 and 65852.2 of the Government Code”
relating to “granny” housing and “second unit ordinances” are exempt from
the requirements of CEQA; and
2. Introduce for first reading Ordinance No. 18-xx, to be read by title only, and
further reading waived, adopting Code Amendment CO-17-01 for the
following amendments to Title 13 (Zoning Code):
• Chapter I, Article 2, Section 13-6: Replace Second Unit definition with
Accessory Dwelling Units (ADU) definition;
• Chapter IV, Section 13-30: Create a consistent reference to ADU as a
land use category for R-1 and R2-MD zones;
• Chapter V, Article 1, Section 13-35: Revise certain development standards
of Second Units (parking, owner occupancy, maximum size, etc.); and
• Chapter VI, Section 13.85: Amend residential parking requirements to
include a minimum of one parking space per bedroom or a maximum of
one parking for detached ADU with certain exceptions to allow for carpool,
transit use, etc.
3. REVIEW OF PLANNING COMMISSION MODIFICATION OF ZONING
APPLICATION ZA-16-37 TO PERMIT TWO SHIPPING CONTAINERS FOR
STORAGE AT THE REAR OF THE PROPERTY AT 777 AND 779 WEST 19TH
STREET – Development Services Department/Planning Division
RECOMMENDATION:
City Council uphold, reverse, or modify the Planning Commission’s decision related
to approval of a Minor Conditional Use Permit (MCUP) to allow two shipping
containers for storage at the rear of the property.
The project was approved by the Planning Commission on October 23, 2017, on a
3-2 vote, Chair Andranian and Commissioner Navarro Woods voting no. The
request to review the action of the Planning Commission was filed on October 27,
2017.
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4. PLANNING APPLICATION PA-17-04 FOR A CONDITIONAL USE PERMIT FOR
THE CONVERSION OF AN EXISTING INDUSTRIAL BUILDING TO A BANQUET
FACILITY, ON-SITE AND OFF-SITE VALET PARKING, AND A MINOR
CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES AFTER
11:00 PM NOT WITHIN 200 FEET OF RESIDENTIAL USES AND DEVIATION
FROM PARKING REQUIREMENTS WITH OFF-SITE SHARED PARKING WITH
705, 722, 729, AND 1626 OHMS WAY FOR A PROPOSED PROJECT AT 1618
OHMS WAY – Development Services Department/Planning Division
RECOMMENDATION:
The City Council should either uphold, uphold with revisions or reverse the
Planning Commission’s decision to approve a Conditional Use Permit for the
renovation of an existing one-story, 6,461-square-foot industrial building at 1618
Ohms Way to an event venue (The Harper). The request includes the following:
1. Conditional use permit for:
a) operation of an event center/ banquet facility
b) valet parking at 705, 722, 729, 1626 and 1618 Ohms Way
2. Minor conditional use permit for:
a) sale of alcoholic beverages after 11:00 PM, not within 200 feet of
residential uses
b) shared parking at 705,722, 729 and 1626 Ohms Way
The project was approved by the Planning Commission on November 13, 2017, on
a 4-0 vote with Commissioner Navarro Woods absent. A request to review the
action of the Planning Commission was filed November 20, 2017.
OLD BUSINESS:
1. SECOND AMENDMENT TO THE AGREEMENT WITH CLEANSTREET FOR
STREET SWEEPING SERVICES
Public Services Department/Maintenance Services Division
RECOMMENDATION:
1. City Council approve the Second Amendment to the Maintenance Agreement
with CleanStreet, 1937 W. 169th Street, Gardena, CA 90247, to increase the
annual amount of the contract by 2.6 percent ($18,190.00) for residential,
collector, and arterial street sweeping City-wide, based on the Consumer Price
Index; and
2. Authorize the City Manager to execute the Amendment.
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2. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING
ARTICLE 1 (SOLID WASTE COLLECTION) OF CHAPTER IV (GARBAGE,
RUBBISH AND WEEDS) OF TITLE 8 (HEALTH AND SANITATION) OF THE
COSTA MESA MUNICIPAL CODE TO MEET NEW STATE MONITORING AND
REPORTING REGULATIONS–Public Services Department/Administration Division
RECOMMENDATION:
City Council give second reading to and adopt Ordinance No. 18-01, to be read
by title only, and further reading waived, amending Article 1 (Solid Waste
Collection) of Chapter IV (Garbage, Rubbish, and Weeds) of Title 8 (Health and
Sanitation) of the Costa Mesa Municipal Code.
NEW BUSINESS:
1. PROVIDE DIRECTION TO STAFF REGARDING THE PREPARATION OF A
DETAILED STAFF REPORT REGARDING THE POSITION OF THE CITY
ATTORNEY – Office of the City Council
RECOMMENDATION:
Council Member John Stephens requested that an item be placed on the agenda
to discuss the position of the City Attorney and explore options for filling that
position. Staff recommends that the City Council provide direction to staff on the
preparation of a detailed staff report regarding the City Attorney position.
2. NAMING THE COMMUNITY CENTER AFTER NORMA HERTZOG
Office of the City Council
RECOMMENDATION:
Council Member Katrina Foley requested that an item be placed on the
agenda to discuss naming the community center at Lions Park after former
Mayor, Norma Hertzog. Staff recommends that the City Council provide
direction to staff regarding naming this City facility after Norma Hertzog.
3. CONSIDER ADOPTION OF A RESOLUTION SUPPORTING LOCAL
AUTHORITY TO CERTIFY AND REGULATE RESIDENTIAL RECOVERY
FACILITIES (SOBER LIVING HOMES) – City Manager/Administration
RECOMMENDATION:
Council Member Katrina Foley requests formal City Council consideration to adopt
the resolution that supports local authority to certify and regulate residential
recovery facilities (Sober Living Homes).
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ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
ADJOURNMENT
UPCOMING COMMUNITY EVENTS AND ACTIVITIES
Saturday, January 6, 2018 – SOCO Farmers Market, 9 a.m.- 2 p.m., SOCO and The OC Mix,
3315 Hyland Avenue. Over 30 vendors showcase the best that California farmers and local food
artisans have to offer. Live music, knife sharpening and free balloon animals for the kids. A free
pet sitting service is also offered on the last Saturday of each month. For more information,
please visit: www.farmermark.com.
Tuesday, January 9, 2018 – Chamber 101, 9-9:45 a.m., Costa Mesa Chamber office, 1700
Adams Ave., #101. Learn about the Chamber’s “What’s up Costa Mesa” app, membership
benefits and how to maximize your brand. For more information, please visit:
www.costamesachamber.com
Thursday, January 11, 2018 through Saturday, January 13, 2018 – Beethoven’s Violin
Concerto, Segerstrom Center for the Arts, 600 Town Center Drive. Beethoven’s only violin
concerto remains one of the most widely played and popular works for the instrument. For more
information, please visit: www.scfta.org.
Monday, January 15, 2018 – Mesa Verde Classic, 8:30 a.m. to 5 p.m., Mesa Verde Country
Club, 3000 Club House Drive. The 2018 Mesa Verde Classic Charity Golf Tournament
presented by Costa Mesa United is the largest single day fundraiser in Costa Mesa. For more
information, please visit: www.cmunited.org
Wednesday, January 17, 2018 – Wednesday Matinees and Discussions: Begin the
Conversation, 1-4 p.m., Alzheimer’s Orange County, 2515 McCabe Way, Irvine. Join in for a
movie and discussion about how dementia impacts families. Showing the Notebook. For more
information, please visit: www.costamesachamber.com
Thursday, January 18, 2018 – Public Safety Personnel Recognition Dinner, 6-9 p.m., Fete
the Venue, 3101 Red Hill. Recognizing officers and employees of the Costa Mesa Police
Department, Fire Department and Communications Center. For more information, please visit:
www.costamesachamber.com
Friday, January 26, 2018 – I-405 Improvement Project Groundbreaking Ceremony, IKEA,
1475 South Coast Drive. Groundbreaking ceremony for the largest transportation project in
Orange County’s history.
Friday, January 26, 2018 – Registration/cancellation deadline for Fantasy Springs Casino,
Costa Mesa Senior Center, 695 W. 19th St. Trip is planned for Tuesday, February 27, 2018, 8
a.m. to 6 p.m. Register with the front desk of the Senior Center. For more information, please
call: 714-327-7550.