HomeMy WebLinkAbout10-16-18 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OCTOBER 16, 2018
CALL TO ORDER
The Closed Session was called to order by Mayor Genis at 4:05 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 4:08 p.m. for Closed Session to
consider the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: 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.
2. 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.
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, United States District Court, Central District
of California, Case No. SACV14-01852 JVS.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 1
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 3505 Cadillac Ave Building O, 103-203, 104-204
APN: 139-662-21
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Project Independence
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 3505 Cadillac Ave, Building N, Suite 4
APN: 139-662-01
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Ping Jia
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1040 West 17th Street
APN: 424-351-07
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Ssms Investments LLC
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 270 E. Baker Street, Ste. 200
APN: 936-790-37
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Baker Redhill G P
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1967 Newport Boulevard
APN: 419-212-03
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Leader Venture Inc
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2656 Newport Boulevard
APN: 439-081-06
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Reigerslaan 40 Corp
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2750 Bristol Street
APN: 418-182-06
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Choong Soon Kang
Under Negotiation: Price and Terms
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 2
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Vacant Site next to 2750 Bristol Street
APN: 418-182-05
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Theofanis Teazis
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Vacant site at 2029 Charle Street
APN: 422-092-11
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Dorothy Bayliss
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1626 Ohms Way
APN: 424-121-27
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Kim D Harding
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1634 Ohms Way
APN: 424-121-26
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Allen C K
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 3115 Redhill Avenue
APN: 427-023-05
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Blackmon Invest LLC
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 3597 Harbor Boulevard
APN: 415-041-06
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and CAL -WESTERN
HARBOR, MACARTHUR DEV PARTNERS
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1775 & 1781 Monrovia Avenue
APN: 424-361-20 & 424-361-21
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Jean E Hidden
Under Negotiation: Price and Terms
MINUTES -REGULAR MEETING -OCTOBER 16,2018- PAGE 3
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1540 Superior Avenue
APN: 425-351-06
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and Benedict Shelley R
Living Trust
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 642 Baker Street
APN: 418-222-07
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Thomas R. Hatch, City Manager and JSN Investment LLC
Under Negotiation: Price and Terms
The City Council reconvened at 6:02 p.m.
CALL TO ORDER
The meeting was called to order by Mayor Genis at 6:02 p.m. in the Council Chambers
at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE Council Member Foley
MOMENT OF SOLEMN EXPRESSION
Pastor Phil Eyskens, The Lighthouse Church, Costa Mesa
ROLL CALL
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor (left at 10:35 p.m.) 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 — NONE
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.
PRESENTATIONS - NONE
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 4
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA
Michelle Murphy, Costa Mesa, spoke on candidacy for School Board. (00:06:51)
Terry Koken, Costa Mesa, spoke on Council Member Katrina Foley. (00:10:20)
Greg Thunell, Costa Mesa, spoke on Council Member James Righeimer. (00:13:18)
Flo Martin, Costa Mesa, spoke on firefighters in the academy and the fire station open
house. (00:16:25)
Speaker, spoke on the camping ordinance. (00:18:43)
Arlis Reynolds, Costa Mesa, spoke on the Scarecrow Festival on October 20 and
October 21. (00:20:20)
Teresa Drain, Costa Mesa, spoke on appointments to the Planning Commission.
(00:21:47)
Bill McCarty, Costa Mesa, spoke on the decomposed granite trail. (00:23:45)
Speaker, spoke against a sanctuary state. (00:26:24)
Rebecca Trahan, Costa Mesa, spoke on speed signs on Wilson; and spoke on
campaign signs. (00:29:21)
Speaker, spoke on crime statistics. (00:31:02)
Speaker, thanked Council Member Katrina Foley. (00:34:18)
Speaker, spoke on the candidates. (00:34:18)
Speaker, spoke on campaign signs and campaigns. (00:36:53)
Cindy Black, Costa Mesa, spoke on the decomposed granite path; and spoke on
campaigns. (00:39:48)
Speaker, spoke on Council Member Katrina Foley's campaign contributions. (00:41:43)
Anna Vrska, Costa Mesa, spoke on candidacy for Mesa Water District 5. (00:45:11)
Robin Leffler, Costa Mesa, spoke on the decomposed granite trail; appointment to the
Planning Commission; and spoke in support of Mayor Sandra Genis. (00:46:53)
Speaker, spoke in support of Council Member Katrina Foley. (00:48:50)
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 5
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Foley spoke on campaigns and voting. (00:51:41)
Mayor Genis spoke on volunteering for Priceless Pets on October 29; campaigns; and
the decomposed granite path. (00:55:57)
Council Member Stephens spoke on his request for agendizing the decomposed granite
path issue. (00:59:52)
Council Member Righeimer spoke on public employee unions; campaigns; and the cost
of pensions. (01:04:00)
Mayor Pro Tem Mansoor spoke on providing resources to police and fire; unfunded
pension liability; the decomposed granite path; and Jet Blue retrofitting the planes for
noise reduction by 2021. (01:09:26)
CONSENT CALENDAR (00:51:34)
MOVED/SECOND: Council Member Righeimer/Mayor Genis
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 14
except for 3, 5, 9 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 and Agency Board waived reading of Ordinances and Resolutions.
2. READING FOLDER - Claims received by the City Clerk: Hermelinda Perez
ACTION:
City Council received and filed.
4. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY MEETING OF SEPTEMBER 18, 2018
ACTION:
City Council approved the minutes of September 18, 2018.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 6
6. AGREEMENT WITH MCNABB CONSTRUCTION INC. FOR FAIRVIEW PARK
WETLANDS HABITAT CATTAIL AND VEGETATION REMOVAL
ACTION:
1. City Council approved the Maintenance Services Agreement with McNabb
Construction Inc. dba DK Environmental in the amount of $238,497.00; and
2. Authorized the City Manager to execute the Agreement and future amendments
to the Agreement.
7. ADOPTION OF THE FY 2018-2019 STATEMENT OF INVESTMENT POLICY
ACTION:
City Council adopted Resolution No. 18-70, approving the Statement of
Investment Policy for Fiscal Year 2018-2019 and delegating the investment
activities to the City Treasurer.
8. ACCEPTANCE OF THE COSTA MESA CONNECTOR PIPE SCREEN
INSTALLATION PROJECT
ACTION:
City Council accepted the work performed by United Storm Water Inc. and
authorized the City Clerk to file the notice of completion.
10. FUNDING FOR LEGAL SERVICES AGREEMENT WITH BEST BEST &
KRIEGER
ACTION:
City Council authorized additional funding in the amount $75,000 to allow Best Best
& Krieger (BB&K) to continue to provide specialized legal assistance as needed.
11. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
KITCHELL CEM INC. FOR CONSTRUCTION MANAGEMENT SERVICES
ACTION:
1. City Council approved proposed Amendment No. 1 to the Professional Services
Agreement with Kitchell CEM Inc. increasing the compensation by $285,248.00;
and
2. Authorized the City Manager and City Clerk to execute the proposed
Amendment and future amendments.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 7
13. RENEW FIVE YEAR CONTRACT FOR MANAGED INVESTMENT SERVICES
ACTION:
1. City Council approved a five (5) year contract with Chandler Asset
Management, Inc. for investment management services in an amount up to
$70,000 per year; and
2. Authorized the City Manager and City Clerk to execute the Investment
Management Agreement with Chandler Asset Management, Inc.
14. AUTHORIZE USE OF SOURCEWELL'S NATIONAL COOPERATIVE
AGREEMENT WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE
OF CITY FLEET VEHICLES AND EQUIPMENT
ACTION:
1. City Council authorized use of Sourcewell's (formerly National Joint Powers
Alliance) national cooperative agreement no. 120716 -NAF with National Auto
Fleet Group for the purchase of new City fleet replacement vehicles — cars,
vans, SUV's, trucks, and related equipment — as approved during the annual
budget process; and
2. Authorized the City Manager to execute a Manual Purchase Order for one-year
with two one-year renewal periods in an amount not -to -exceed $1,023,220 and
subsequent individual vehicle replacement purchases exceeding the
$50,000.00 City Manager expense authorization limit, as needed; and
3. Authorized the City Manager to utilize Sourcewell by way of annual one-year
renewals for future vehicle purchases authorized in respective annual budgets
through FY 2020-21 for an annual not -to -exceed amount of $1,500,000.
ITEMS PULLED FROM THE CONSENT CALENDAR
3. WARRANT RESOLUTION NO. 2607 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL NOS. 18-20 FOR $2,440,743.03; AND
CITY OPERATING EXPENSES FOR $3,999,033.88; AND SPECIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:12:30)
Speaker, spoke on Jones and Mayer invoices. (01:12:38)
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
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 8
ACTION:
City Council approved Warrant Resolution No. 2607.
5. SENIOR CENTER RESTROOM ADA IMPROVEMENTS, CITY PROJECT NO. 17-
18 (01:14:40)
Bart Mejia, City Engineer, provided an update on the project. (01:15:03)
No public comments on this item.
MOVED/SECOND: Council Member Righeimer/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 accepted the work performed by R Dependable Construction Inc.
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.
9. HARBOR BOULEVARD MEDIAN IMPROVEMENTS FROM 19TH STREET TO
WILSON STREET, FEDERAL PROJECT NO. HSIPL-5312 (099) - CITY
PROJECT NO. 18-10 (01:15:33)
Public Comments:
Speaker, spoke against funding the project; and spoke on spending money on
homeless. (01:15:41)
Speaker, spoke against the project. (01:17:32)
Speaker, spoke against the project; and spoke on the lack of bus pockets.
(01:20:12)
Public Comments closed.
Raja Sethuraman, Public Services Director, spoke on the overall cost of the project
and funding from transportation sources. (01:22:30)
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 9
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:
1. City Council adopted plans, specifications, and working details for the Harbor
Boulevard Median Improvements from 19"' Street to Wilson Street, Federal
Project No. HSIPL-5312 (099), City Project No. 18-10; and
2. Rejected bid submitted by United Irrigation Inc. dba United GLI as non-
responsive; and
3. Awarded a construction contract to Yakar, 689 East San Bernardino Road,
Covina, CA 91723, in the amount of $993,731.00; and
4. Authorized the City Manager and the City Clerk to execute the Public Works
Agreement, and authorized the City Manager to execute future contract
amendments within Council -authorized limits and allow up to an additional ten
percent (10%) contingency totaling $99,373.00 as needed for unforeseen costs;
and
5. Approved a budget adjustment recognizing the Highway Safety Improvement
Program (HSIP) grant revenues of $433,600.00, and increasing expenditure
appropriations in the Capital Improvement Program by $433,600.00; and
6. Approved a budget adjustment appropriating $659,504.00 into the City's
Adopted FY 2018-2019 Capital Improvement Program budget for the Harbor
Boulevard Median Improvements Project using $375,258.00 in Measure M
Funds and transferring $284,246.00 from previous Citywide Street Improvement
Gas Tax appropriations.
12. CONTRACT WITH HINDERLITER, DE LAMAS & ASSOCIATES (HDL) FOR
SALES TAX MANAGEMENT AND SALES TAX AUDIT SERVICES (01:24:34)
Public Comments:
Jay Humphrey, Costa Mesa, spoke in support of auditing the Orange County
Fairgrounds sales tax. (01:25:08)
Anna Vrska, Costa Mesa, spoke in support of auditing the Orange County
Fairgrounds sales tax. (01:27:35)
Ralph Taboada, Costa Mesa, spoke on percentages of sales tax recovery.
(01:30:12)
MINUTES -REGULAR MEETING -OCTOBER 16,2018- PAGE 10
Public Comments closed.
Discussion ensued on working with HDL and the OC Fairgrounds to capture and
recover sales taxes. (01:31:11)
MOVED/SECOND: Council Member Righeimer/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 Professional Services Agreement with Hinderliter, De
Lamas & Associates in an amount not to exceed $10,200.00 annually; and
2. Authorized the City Manager and City Clerk to execute the Agreement and
future amendments to the Agreement; and
3. Adopted Resolution No. 18-71 to authorize the examination of confidential
sales, use and transactions tax records of the Department of Tax and Fee
Administration.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:40:48)
1. REVIEW OF PLANNING APPLICATION 18-30 FOR A MARIJUANA
MANUFACTURING AND DISTRIBUTION FACILITY (PIVOT NATURALS, LLC)
AT 3595 CADILLAC AVENUE, SUITE 101 (01:40:55)
Ex parte communications: Council Member Stephens spoke to the applicant; and
Mayor Pro Tem Mansoor, Council Members Foley and Righeimer spoke to a
representative of the applicant. (01:41:11)
Mel Lee, Senior Planner, presented the staff report. (01:41:46)
Patrick Rolfes, applicant, spoke on the business; requested approving a 24-hour
operation; clarified transporters license; and indicated will repair the asphalt.
(01:56:31)
Public Hearing opened:
Speaker, spoke on zoning. (01:56:31)
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 11
Beth Refakes, Costa Mesa, spoke on consistency for hours of operation; and
competitive disadvantage to the business. (02:00:30)
Tim Lewis, spoke in support of the 24 -hours operation. (02:02:39)
Speaker, spoke against marijuana businesses. (02:04:25)
Mr. Rolfes spoke on security and city policies in place. (02:05:56)
Public Hearing closed.
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
MOTION: To modify the Planning Commission's decision and approve Planning
Application 18-30 to allow a Marijuana Manufacturing and Distribution Facility at
3595 Cadillac Avenue, Suite 101 with business hours from 7:00 a.m. to 7:00
p.m., 7 days a week, eventually expanding to 24 hours a day if demand warrants.
(02:07:07)
Council Member Righeimer spoke on approving 24 hours; the ballot measure
approving the zoning; lack of traffic; and customer friendly processes. (02:07:19)
Council Member Stephens spoke to supporting changing the hours; and spoke on
customer friendly processes. (02:10:00)
Mayor Pro Tem Mansoor spoke in support of the motion. (02:11:03)
Mayor Genis spoke in support of the motion; and spoke on security. (02:11:13)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
MOTION: To modify the Planning Commission's decision and approve Planning
Application 18-30 to allow a Marijuana Manufacturing and Distribution Facility at
3595 Cadillac Avenue, Suite 101 with business hours from 7:00 a.m. to 7:00
p.m., 7 days a week, eventually expanding to 24 hours a day if demand warrants.
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 modified the Planning Commission's decision and approved
Planning Application 18-30 to allow a Marijuana Manufacturing and Distribution
Facility at 3595 Cadillac Avenue, Suite 101 with business hours from 7:00 a.m. to
7:00 p.m., 7 days a week, eventually expanding to 24 hours a day if demand
warrants.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 12
City Council recessed into a break at 8:14 p.m.
City Council reconvened at 8:34 p.m.
2. GENERAL PLAN AMENDMENT 18-03 TO AMEND THE CITY'S GENERAL
PLAN LAND USE ELEMENT TO REMOVE THE RESIDENTIAL OVERLAY
LAND USE AREAS AND CODE AMENDMENT 18-04 AMENDING THE ZONING
CODE TO REMOVE ALL REFERENCES TO THE RESIDENTIAL INCENTIVE
OVERLAYS INCLUDED IN TITLE 13, CHAPTER V, ARTICLE 12, OF THE
COSTA MESA MUNICIPAL CODE (02:32:04)
Minoo Ashabi, Principal Planner, presented the staff report. (02:32:08)
Discussion ensued on the Regional Housing Needs Assessment (RHNA)
requirements and process; the planning model approved by The Southern
California Council of Governments (SCAG); inquiries for sites on Gisler and
Harbor; Specific Plans; the Housing Element; and Measure Y.
Mayor Genis spoke on the RHNA kick-off meeting on October 29. (02:49:32)
Discussion ensued on the RHNA numbers; the Housing Element; certification by
the state; state funds to the cities; affordable housing advocacy groups; and
language in Measure Y. (02:51:48)
Yolanda Summerhill, Deputy City Attorney, spoke on Measure Y; and compliance
with state law. (02:54:45)
Discussion ensued on the RHNA numbers and requirements; and urgency of
adopting the items. (02:55:31)
Mayor Genis spoke on the Residential Incentive Overlay Nodes. (02:57:42)
Council Member Righeimer spoke on Measure Y and RHNA numbers. (02:59:44)
Ms. Ashabi spoke on the housing units not in the overlays; and the densities of the
Symphony Apartments and Costa Mesa Motor Inn. (03:03:07)
Public Hearing opened:
Flo Martin, Costa Mesa, spoke in support of the Planning Commission's
recommendation number 1, removing the Residential Incentive Overlays option
from the General Plan and Zoning Code. (03:05:10)
Jay Humphrey, Costa Mesa spoke in support of the Planning Commission's
recommendation number 1, removing the Residential Incentive Overlays option
from the General Plan and Zoning Code. (03:06:24)
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 13
Adam Wood, representing Building Industry Association, requested the
preservation of the existing overlay zones. (03:09:28)
Jeff McConville, Costa Mesa, spoke in support of the Planning Commission's
recommendation number 1, removing the Residential Incentive Overlays option
from the General Plan and Zoning Code.
Kathy Esfahani, Costa Mesa Affordable Housing Coalition, spoke in support of
option 2, maintaining the current overlays but allowing the 40 du/acre unit
residential density option only in conjunction with housing projects that are
necessary to meet the City's RHNA requirement and/or the State housing laws.
(03:13:17)
Walker Wood, Costa Mesa, spoke in support of leaving the overlays in place.
(03:15:30)
Speaker, spoke in support of the Planning Commission's recommendation number
1, removing the Residential Incentive Overlays option from the General Plan and
Zoning Code. (03:17:35)
Steven Chan, Costa Mesa, spoke in support of the Planning Commission's
recommendation number 2, maintaining the current overlays but allowing the 40
du/acre unit residential density option only in conjunction with housing projects that
are necessary to meet the City's RHNA requirement and/or the State housing laws.
(03:19:21)
Speaker, spoke in support of the Planning Commission's recommendation number
1, removing the Residential Incentive Overlays option from the General Plan and
Zoning Code. (03:20:41)
Cynthia McDonald, Costa Mesa, spoke in support of the Planning Commission's
recommendation number 1, removing the Residential Incentive Overlays option
from the General Plan and Zoning Code; and spoke against spot zoning. (03:23:29)
Rick Huffman, Costa Mesa, spoke in support of the Planning Commission's
recommendation number 1, removing the Residential Incentive Overlays option
from the General Plan and Zoning Code. (03:35:00)
Speaker, spoke in support of the Planning Commission's recommendation number
1, removing the Residential Incentive Overlays option from the General Plan and
Zoning Code. (03:38:14)
Beth Refakes, Costa Mesa, spoke in support of the Planning Commission's
recommendation number 1, removing the Residential Incentive Overlays option
from the General Plan and Zoning Code. (03:40:03)
Public Hearing closed.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 14
Council Member Stephens spoke on his ranking of the overlays. (03:42:20)
Mayor Genis spoke on removing Residential Incentive Overlay nodes 5, 8, 9, 11,
12, 13, 14; changing the boundaries; and spoke on keeping overlays 1 and 2 and
reducing the four story height. (03:46:26)
Council Member Foley spoke on the proper planning approach. (03:48:12)
MOVED: Council Member Foley
MOTION: Approve the Planning Commission's recommendation to remove the
overlay zones on Harbor and Newport Boulevard. (03:48:35)
Council Member Stephens seconded for discussion only. (03:48:52)
Council Member Foley spoke on the overlays and on embarking on visioning.
(03:48:56)
Council Member Righeimer spoke on the private property owners; Measure Y
implications; and addressing each overlay separately. (03:52:00)
RESIDENTIAL INCENTIVE OVERLAY NODES 11, 12.13 AND 14 (03:53:30)
MOVED/SECOND: Council Member Righeimer/Council Member Foley
MOTION: To consider the overlay zones separately and remove Residential
Incentive Overlay Nodes 11, 12, 13 and 14.
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 voted to remove Residential Incentive Overlay Nodes 11, 12, 13 and
14.
RESIDENTIAL INCENTIVE OVERLAY NODES 1 AND 2 (03:55:14)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
MOTION: To keep the overlay, and lower the allowable density to 30 units per
acre and limit building height to three stories for Residential Incentive Overlay
Nodes 1 and 2.
Council Member Foley requested the maker of the motion to include that it would
be conditioned on making it an affordable housing project. Council Member
Righeimer (the maker of the motion) did not concur and spoke on the future City
Council making that determination. (03:55:24)
Discussion ensued on the requirement of affordable housing in Irvine. (03:57:01)
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 15
Council Member Foley spoke to not supporting the motion. (03:58:42)
Council Member Righeimer spoke on the issue. (03:59:45)
Mayor Pro Tem Mansoor spoke to supporting the motion. (04:01:20)
Discussion ensued on the screening process by City Council and master plan
approval by the Planning Commission of the overlays. (04:01:38)
Council Member Stephens clarified that the underlying commercial zoning
remains the same. (04:02:43)
Council Member Foley spoke on high density housing. (04:03:05)
Mayor Genis spoke to supporting the motion. (04:04:23)
RESIDENTIAL INCENTIVE OVERLAY NODES 1 AND 2 (03:55:14)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
MOTION: To keep the overlay, and lower the allowable density to 30 units per
acre and limit building height to three stories for Residential Incentive Overlay
Nodes 1 and 2.
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Mansoor and Mayor Genis.
Nays: Council Member Foley
Absent: None
Motion carried: 4-1
ACTION:
City Council voted to keep the overlay, and lowered the allowable density to 30
units per acre and limited building height to three stories for Residential Incentive
Overlay Nodes 1 and 2.
RESIDENTIAL INCENTIVE OVERLAY NODE 3 (04:05:55)
No action taken as this site was approved under a separate entitlement which is
still valid and plan check is pending.
RESIDENTIAL INCENTIVE OVERLAY NODE 4 (04:08:35)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To remove Residential Incentive Overlay Node 4.
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 - OCTOBER 16, 2018 - PAGE 16
ACTION:
City Council voted to remove Residential Incentive Overlay Node 4.
RESIDENTIAL INCENTIVE OVERLAY NODE 5
MOVED: Council Member Righeimer (04:08:58)
MOTION: Remove the Best Western and keep from the North of the Best Western,
and lower to 30 units per acre and three stories high limit.
Mayor Pro Tem Mansoor seconded for discussion only. (04:10:31)
SUBSTITUTE MOTION/SECOND: Council Member Stephens/Council Member
Foley (04:10:38)
SUBSTITUTE MOTION: To remove Residential Incentive Overlay Node 5.
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 voted to remove Residential Incentive Overlay Node 5.
RESIDENTIAL INCENTIVE OVERLAY NODE 6 (04:11:40)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To remove Residential Incentive Overlay Node 6.
Discussion ensued on the number of units that are entitled but not yet built.
(04:13:16)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To remove Residential Incentive Overlay Node 6.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council voted to remove Residential Incentive Overlay Node 6.
RESIDENTIAL INCENTIVE OVERLAY NODE 7
MOVED/SECOND: Council Member Righeimer/None (04:13:16)
MOTION: Leave at the 40 units per acre and the property to the east reduce
down to two stories on the east end.
Motion died due to lack of a second.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 17
MOVED/SECOND: Mayor Genis/Council Member Righeimer
MOTION: To keep the overlay, lower the allowable density to 30 units per acre,
limit building height to three stories, reduce the height down to two stories to the
east and have an air quality study done for proximity to the freeway. (04:17:05)
Council Member Foley requested the maker of the motion to include that it would
be conditioned on making it an affordable housing project. Mayor Genis (the
maker of the motion) did not concur. (04:17:51)
MOVED/SECOND: Mayor Genis/Council Member Righeimer
MOTION: To keep the overlay, lower the allowable density to 30 units per acre,
limit building height to three stories, reduce the height down to two stories to the
east and have an air quality study done for proximity to the freeway.
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Mansoor and Mayor Genis.
Nays: Council Member Foley
Absent: None
Motion carried: 4-1
ACTION:
City Council voted to keep the overlay, lower the allowable density to 30 units per
acre, limit building height to three stories, reduce the height down to two stories
to the east and have an air quality study done for proximity to the freeway.
RESIDENTIAL INCENTIVE OVERLAY NODE 8 (04:18:30)
MOVED/SECOND: Council Member Stephens/Council Member Foley
MOTION: To remove Residential Incentive Overlay Node 8.
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 voted to remove Residential Incentive Overlay Node 8.
RESIDENTIAL INCENTIVE OVERLAY NODES 9 AND 10 (04:19:19)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To remove Residential Incentive Overlay Nodes 9 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
MINUTES -REGULAR MEETING -OCTOBER 16,2018- PAGE 18
ACTION:
City Council voted to remove Residential Incentive Overlay Nodes 9 and 10.
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: Provide direction to staff to move forward with the Planning
Commission's recommendation to initiate a process for updating the City's
Newport Boulevard Specific Plan and creation of a South Harbor Boulevard
Specific Plan. (04:20:46)
Mayor Genis spoke to supporting the motion. (04:24:08)
Mayor Pro Tem Mansoor spoke to not supporting the motion. (04:24:50)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: Provide direction to staff to move forward with the Planning
Commission's recommendation to initiate a process for updating the City's
Newport Boulevard Specific Plan and creation of a South Harbor Boulevard
Specific Plan. The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, and Mayor Genis.
Nays: Council Member Righeimer and Mayor Pro Tem Mansoor.
Absent: None
Motion carried: 3-2
ACTION:
City Council directed staff to move forward with the Planning Commission's
recommendation to initiate a process for updating the City's Newport Boulevard
Specific Plan and creation of a South Harbor Boulevard Specific Plan.
City Council recessed into a break at 10:30 p.m.
City Council reconvened at 10:38 p.m.
OLD BUSINESS (04:35:58)
1. SECOND READING AND ADOPTION OF ORDINANCE 18-09: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING COSTA
MESA MUNICIPAL CODE TITLE 19, SECTION 19-15 TO REFERENCE THE
PROPOSED DESIGN GUIDELINES (04:36:02)
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. (04:36:33)
Johnwilly Aglupos, Assistant Planner, presented the staff report. (04:36:40)
Public Comments:
Diane McClellan, representing Verizon Wireless, spoke on the design guidelines
discouraging 5g technology. (04:37:16)
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 19
MOVED/SECOND: Council Member Stephens/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, and Mayor Genis.
Nays: None
Absent: Mayor Pro Tem Mansoor
Abstain: Council Member Righeimer
Motion carried: 3-0-1-1
ACTION:
City Council gave second reading and adopted Ordinance No. 18-09 read by title
only, adopting Code Amendment CO -18-03 amending the following:
• Title 19, Article 4, Section 19-15 of the Municipal Code with respect to
wireless telecommunications services in the public right-of-way.
2. SECOND READING AND ADOPTION OF ORDINANCE NO. 18-11: REZONE 18-
01 TO CHANGE THE ZONING OF 1.86 -ACRE SITE PROPOSED FOR A 38 -UNIT
RESIDENTIAL DEVELOPMENT AT 1957 NEWPORT BOULEVARD, 390 FORD
ROAD AND A PORTION OF FORD ROAD RIGHT-OF-WAY FROM GENERAL
BUSINESS DISTRICT (C-2) TO PLANNED DEVELOPMENT RESIDENTIAL -
HIGH DENSITY (PDR -HD) WITH A SITE-SPECIFIC DENSITY OF 20.4 DU/ACRE
(04:37:16)
Minoo Ashabi, Principal Planner, presented the staff report. (04:41:53)
Public Comments:
Tim Lewis, spoke in support of the ordinance. (04:42:16)
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, and Mayor Genis.
Nays: None
Absent: Mayor Pro Tem Mansoor
Motion carried: 4-0-1
ACTION:
City Council gave second reading and adopted Ordinance No. 18-11, read by
title only, adopting Zoning Map amendment for the following:
Rezone 18-01 to change the zoning of a 1.86 -acre site proposed for a 38 -
unit residential development at 1957 Newport Boulevard, 390 Ford Road and
a portion of Ford Road right-of-way from General Business District (C-2) to
Planned Development Residential - High Density (PDR -HD) with a site-
specific density of 20.4 du/acre.
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 20
NEW BUSINESS (04:43:55)
1. REQUEST TO ADOPT A RESOLUTION TO OPPOSE NEW LEASES FOR OIL
AND GAS ACTIVITIES OFF THE COAST OF CALIFORNIA AND OPPOSE
EXECUTIVE ORDER 13795 (04:43:57)
Dan Baker, Assistant to the City Manager, presented the staff report. (04:44:16)
Council Member Foley spoke on bringing forth the item. (04:45:52)
Mayor Genis spoke on the policy in the General Plan. (04:47:07)
Public Comments:
Flo Martin, Costa Mesa, spoke in support of the resolution. (04:49:16)
Nancy Hastings, Oceana's Orange County Campaign Organizer, spoke in support
of the resolution. (04:51:10)
Linda Kraemer, Costa Mesa, spoke in support of the resolution. (04:53:50)
Michelle Giron, Vice Chair of the Newport Beach Chapter of the Surfrider
Foundation, spoke in support of the resolution. (04:55:32)
Lydia Follickman, Fountain Valley, spoke in support of the resolution. (04:57:10)
Speaker, spoke in support of the resolution. (04:57:47)
Cindy Black, Costa Mesa, spoke in support of the resolution. (04:59:23)
Mayor Genis spoke on including a recital related to the hotel tax revenue.
(05:01:16)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To oppose Executive Order 13795 by adoption of Resolution No. 18-
73 with direction to staff to add a recital related to the hotel tax revenue.
(05:01:34)
Council Member Righeimer spoke against the motion. (05:01:54)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To oppose Executive Order 13795 by adoption of Resolution No. 18-
73 with direction to staff to add a recital related to the hotel tax revenue.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, and Mayor Genis.
Nays: Council Member Righeimer
Absent: Mayor Pro Tem Mansoor
Motion carried: 3-1-1
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 21
ACTION:
City Council voted to oppose Executive Order 13795 by adoption of Resolution
No. 18-73 with direction to staff to add a recital related to the hotel tax revenue.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:03:20)
Council Member Foley reported on her attendance at the OC Fair liaison meeting;
spoke on the Cultural Arts Committee grant program; and the Network for Homeless
Solution Annual Report on the City website. (05:03:36)
Mayor Genis spoke on the Network for Homeless Solution Annual Report. (05:05:45)
REPORT — CITY MANAGER (05:06:07) — NONE
REPORT — CITY ATTORNEY (05:06:10) - NONE
ADJOURNMENT (05:06:13) — Mayor Genis adjourned the meeting at 11:08 p.m.
Minutes adopted on this 4th day of December, 2018.
Folo, Mayor
ATTEST:
�&" CejeV,
Brenda Green, ity Clerk
MINUTES - REGULAR MEETING - OCTOBER 16, 2018 - PAGE 22