HomeMy WebLinkAbout02-19-19 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
FEBRUARY 19, 2019
CALL TO ORDER
The Closed Session was called to order by Mayor Foley at 4:00 p.m. in Grand Hall 1 of
the Costa Mesa Senior Center, 695 W. 19th Street, Costa Mesa, California.
ROLL CALL
Present: Council Member Chavez, Council Member Genis (arrived at 4:45 p.m.),
Council Member Mansoor (arrived at 4:02 p.m.), Council Member Marr,
Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION: NONE
The City Council recessed to Room 102 at 4:02 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 REAL PROPERTY NEGOTIATOR
Property: 3175 Airway Ave., Costa Mesa, CA 92627
APN: 427-091-12
Pursuant to Section 54956.8, California Government Code
Negotiating Parties: Tamara Letourneau, Acting City Manager and Dale Camera,
Lee & Associates and Steve Millen, Owner.
Negotiation: Price and Terms of Payment.
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa v. Clean Path Recovery, LLC, a California
limited liability company; Lee Heligman, an individual; Lucy Lee Holdings, LLC, a
California limited liability company; Pomona Associates CM, LLC, a California
limited liability company, Superior Court of the State of California, County of
Orange, Central Justice Center, Case No. 30-2018-01015745-CU-OR-CJC.
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 1
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa v. Casa Capri, LLC, a California limited
liability corporation; Casa Capri Recovery Center, LLC, a California limited
liability corporation; Irani Zackary, an individual; Timothy Carr, an individual;
Melissa Holmes Goodmon, an individual; Jeremy Broderick, an individual,
Superior Court of the State of California, County of Orange, Central Justice
Center, Case No. 30-2018-01006156-CU-OR-CJC.
5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited
liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon
Stump as individuals, Superior Court of the State of California, County of Orange,
North Justice Center, Case No. 30-2018-01006173-CU-OR-NJC.
6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa v. SoCal Recovery, Inc., a California
corporation; Darryl Shinder, an individual; Kenneth Norwood, an individual; Ian
Grimley, an individual, Superior Court of the State of California, County of
Orange, North Justice Center, Case No. 30-2018-01022764-CU-OR-NJC.
7. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Casa Capri Recovery, Inc. v. City of Costa Mesa, United States
District Court, Central District of California — Southern Division, Case No. 8:18-
cv-00329-JVS-PJW.
8. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: National Therapeutic Services, Inc. dba Northbound Treatment
Services, a Nevada corporation v. City of Costa Mesa, United States District
Court, Central District of California, Case No. 8:18-cv-01080-JVS-AGR.
9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Pacific Shores, LLC, a California corporation v. City of Costa
Mesa, United States District Court, Central District of California, Case No. 8:18-
cv-01170 JVS-PJW.
10. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: SoCal Recovery, LLC, a California limited liability company v.
City of Costa Mesa, United States District Court, Central District of California,
Case No. 8:18-cv-01304-JVS-PJW.
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 2
11. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Summit Coastal Living, Inc., a California corporation v. City of
Costa Mesa, United States District Court, Central District of California, Case No.
8 :18-cv-01369-J V S- P J W.
The City Council reconvened at 6:01 p.m.
CALL TO ORDER (00:00:08)
The meeting was called to order by Mayor Foley at 6:01 p.m. in Grand Hall 1 of the
Costa Mesa Senior Center, 695 W. 19th Street, Costa Mesa, California.
NATIONAL ANTHEM (00:00:43) St. John the Baptist Catholic School Chamber singers
PLEDGE OF ALLEGIANCE (00:02:47)
MOMENT OF SOLEMN EXPRESSION (00:03:08)
Pastor Phil Eyskens, The Lighthouse Church, Costa Mesa
ROLL CALL (00:04:45)
Present: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro
Tem Stephens, and Mayor Foley.
Absent: None
Officials Present: Acting City Manager Tamara Letourneau, City Attorney Kimberly Hall
Barlow, Economic and Development Services Director Barry Curtis, Public Services
Director Raja Sethuraman, Finance Director Kelly Telford and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:05:04) — NONE
PRESENTATIONS (00:05:11)
1. Presentation on California's Balanced Energy Strategy by Ms. Lanae O'Sheilds,
Public Affairs Manager for Southern California Gas Company. (00:05:28)
2. Presentation on the Bikeway and Walkability Committee Annual Report by Chair
Cynthia McDonald. (00:10:42)
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 3
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:24:28)
Flo Martin, Costa Mesa, spoke on offering free copies of the Mother Jones magazine for
the City Hall lobby; and spoke on Epoch Times newspaper. (00:25:00)
Gary Parkin, Costa Mesa and Chair of the Historical Preservation Committee, spoke on
the Adobe Dedication and a plaque presented by the OC Historical Commission.
(00:28:32)
Richard Mehren, Costa Mesa and President of the Fairview Park Preservation Alliance,
read a letter received from the Department of the U.S. Fish and Wildlife; and spoke on
Fairview Park and disturbing endangered species. (00:29:54)
Bryan Estrada, Costa Mesa, spoke against small cell 5g wireless towers. (00:33:24)
Ashley Estrada, Costa Mesa, spoke against small cell 5g wireless towers and submitted
a petition. (00:36:51)
Kim Hendricks, Costa Mesa, read a letter received from the Department of the U.S. Fish
and Wildlife; spoke on Fairview Park and disturbing endangered species. (00:40:00)
Speaker, spoke on a bush growing around a telephone enclosure on Trinity and
Paularino; and requested a no turn on red signal sign off 73 onto Bear Street and a yield
sign on Trinity and Yellowstone. (00:43:13)
John Sanderson, Costa Mesa, spoke on Grant Boys being vacant. (00:45:12)
Speaker, spoke in support of the distribution of the micro cell system; spoke on his
bobcat machine; and an unlicensed marijuana shop. (00:45:34)
Robin Leffler, Costa Mesa, spoke on the Bikeway and Walkability Committee
presentation; and Council Members asking questions. (00:48:25)
Speaker, spoke against the Planning Commission's decision regarding a project on 17th
and Westminster. (00:49:32)
Speaker, spoke against cell tower sites. (00:52:39)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:54:06)
Council Member Mansoor — No comments. (00:54:18)
Council Member Genis spoke on Orange County Vector Control and control of typhus;
treating pets for fleas; regulation of cell phone antennas and the FCC; and turning off
automatic sprinklers during the rain. (00:54:20)
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 4
Council Member Reynolds spoke on the Newport Mesa Arts Commission; reported on
her attendance at the Costa Mesa Chamber of Commerce luncheon and a Ribbon
Cutting for Working Wardrobes; spoke on Human Options; Assemblywoman Cottie
Petrie -Norris Town Hall meeting; Fire Department CERT Training; Political Comedy
called "God Help Us"; and Committee recruitments. (00:57:49)
Council Member Chavez spoke on meeting with residents and getting involved with
Committees. (01:01:21)
Council Member Marr spoke on the SoCal Gas presentation and on fossil fuels; spoke
on 5g small cell towers; smart cities; sustainability; and Heroes Hall opening on
Prisoners of War. (01:02:15)
Mayor Pro Tem Stephens praised Mayor Foley; spoke on meeting with Judge Carter;
requested to adjourn the meeting in memory of Bob Stern; reported on his attendance
at the Diego Sepulveda Adobe Plaque Dedication and the student -run Tet Festival;
spoke on the CAMP; and Congressman Harley Rouda's Town Hall meeting. (01:06:23)
Mayor Foley thanked Mercy House and the City Attorney's office; spoke on Committee
recruitments; reported on her attendance at the Tet Festival and Pacific Symphony
Requiem; working with Senator Feinstein's office on Sober Living Home reforms; spoke
on burrowing owls at Fairview Park; moving the Fish Fry to Lions Park; and her open
office hours. (01:10:13)
REPORT — CITY MANAGER — Ms. Letourneau invited all to a neighborhood meeting
on the Lions Park Playground Improvements Project on Saturday, March 9 from 10:00-
12:00 p.m. at the Costa Mesa Senior Center and spoke on a new web page, online
survey, and mailers regarding the project; provided 1-405 updates on the City website;
and spoke on the City Manager recruitment. (01:13:59)
REPORT — CITY ATTORNEY — Ms. Barlow spoke on the new laws for sober living
homes and bringing forward amendments to the ordinance; and the FPPC's recent rule
change regarding real properties and Council Members recusing themselves from
participation in certain decisions. (01:15:56)
CONSENT CALENDAR (01:19:10)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Genis
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7
except for 3, 5, 6 and 7.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Mansoor,
Council Member Marr, Council Member Reynolds, Mayor Pro Tem Stephens, and
Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 5
i . 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: Dean Lob/Statefarm Insurance, Ann Parker
and Tracie Todd.
ACTION:
City Council received and filed.
4. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY MEETING OF JANUARY 15, 2019
ACTION:
City Council approved the minutes of January 15, 2019.
ITEMS PULLED FROM THE CONSENT CALENDAR (01:20:05)
3. WARRANT RESOLUTION NO. 2613 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL 19-01 "A" FOR $6,168.95; 19-02 FOR
$2,507,712.38; 19-02 "A" FOR $-4,892.30; 19-03 FOR $2,635,598.81; AND
CITY OPERATING EXPENSES FOR $1,761,533.53; AND SPECIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:20:10)
Public Comment:
Speaker spoke on legal fees and sober living homes. (01:20:13)
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Approve Warrant Resolution No. 2613.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tem
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
City Council approved Warrant Resolution No. 2613.
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 6
5. ACCEPTANCE AND APPROVAL OF MONETARY DONATIONS AND
ACCOMPANYING BUDGET ADJUSTMENT FOR LIONS PARK PROJECTS
(01:22:05)
Tamara Letoumeau, Acting City Manager, presented the staff report. (01:22:13)
Discussion ensued on donations. (01:23:58)
No public comments on this item.
MOVED/SECOND: Council Member Genis/Council Member Reynolds
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tem
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
1. City Council accepted the ten monetary donations for the Lions Park Projects
from the Costa Mesa Community Foundation; and
2. Authorized a budget adjustment recognizing $254,860 in donations and
appropriating the funds to the Lions Park Projects capital budget for the
specified purposes.
6. CDBG PROJECT: POMONA AVENUE PAVEMENT REHABILITATION FROM
16TH STREET TO 18TH STREET, CITY PROJECT NO. 18-03 (01:24:38)
Council Member Chavez spoke in support of the project. (01:25:15)
Bart Mejia, City Engineer, spoke on the project. (01:25:44)
No public comments on this item.
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tem
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 7
ACTION:
1. City Council accepted the work performed by Copp Contracting, Inc. for the
subject project, and authorized the City Clerk to file the Notice of Completion;
and
2. Authorized the Acting City Manager to release the Labor and Material Bond
seven (7) months after the filing date; release the Faithful Performance Bond if
appropriate, at the conclusion of the one-year warranty period; and release the
retention monies 35 days after the Notice of Completion filing date.
7. APPROVE RESOLUTION TO REPAY REMAINDER OF LOAN BETWEEN
GENERAL FUND AND PARK DEVELOPMENT FEE FUND AND EARMARK
FOR REPLACEMENT OF ERP AND LMS SYSTEMS (01:26:26)
Kelly Telford, Finance Director, presented the staff report. (01:26:47)
Public Comment:
Ralph Taboada, Costa Mesa, spoke in support of the transfers and to establish
terms for repayment. (01:33:47)
Public Comment closed.
Council Member Genis spoke in support of utilization of park development fees for
this item. (01:36:38)
Council Member Reynolds spoke on grants for additional park land. (01:38:44)
Council Member Chavez spoke in support of the item. (01:39:11)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tem
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
1. City Council approved Resolution No. 19-08, authorizing repayment of the
remainder of the 2007 loan from the General Fund to the Park Development
Fees Fund, which has a remaining balance as of January 31, 2019 of
$1,731,074; and
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 8
2. To facilitate the repayment of the loan, authorized the following budget
adjustments:
a) Appropriate $1,731,074 from restricted fund balance in the Park
Development Fees Fund for the repayment of the loan from the General
Fund;
b) Increase budgeted revenues by $1,731,074 in the General Fund; and
c) Transfer $1,731,074 from the General Fund to the IT Replacement Fund
and commit it for the replacement of the land management system (LMS)
and enterprise resource planning (ERP) systems; and
3. Directed staff to return at a later date to recommend contractors for the
purchase and implementation of the LMS and ERP systems.
City Council recessed into a break at 7:41 p.m.
City Council reconvened at 7:55 p.m.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. CITY COUNCIL REVIEW OF PLANNING APPLICATION PA -17-11, A MASTER
PLAN FOR THE FUTURE EXPANSION OF VANGUARD UNIVERSITY AT 55
FAIR DRIVE (01:42:36)
Mel Lee, Senior Planner, presented the staff report. (01:42:59)
Discussion ensued on a speed survey; setbacks; noise generating activities;
construction vehicle activity impacts; safety response times; and the Master plan.
(01:55:40)
Dr. Michael J. Beals, applicant, provided a power point presentation on the project.
(02:09:40)
Council Member Reynolds inquired on the height of the poles; noise activities; and
the cardboard compactor. (02:20:05)
Tim Young, Vice -President of the Student Affairs, spoke on the design process.
(02:22:38)
Council Member Chavez inquired on the M & O Building in the parking structure;
cost concerns; logistical problems with an offsite location; and noise impacts.
(02:24:30)
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 9
Council Member Marr inquired on the pathways for the golf courts; site views from
Newport Landing; and the list of equipment in the facility. (02:29:13)
Mayor Pro Tem Stephens inquired on the building height; and setback
requirements. (02:31:40)
Megan Gaunce, architect, spoke on building mass to shield noise; mitigation
efforts; and green space. (02:36:20)
Mayor Foley spoke on requiring the cardboard compactor to be enclosed.
(02:41:15)
Public Hearing opened:
Leanne Brown, Costa Mesa, spoke against the proposed location of the M & O
facility. (02:42:05)
Speaker, spoke against the proposed location of the M & O facility. (02:45:12)
Speaker, spoke in support of the Master Plan. (02:47:57)
Kayla Kelly, Costa Mesa, spoke in support of the Master Plan. (02:50:21)
Tara Serven, Costa Mesa, spoke in support of the Master Plan. (02:52:28)
Speaker, spoke in support of the Master Plan. (02:55:35)
Amanda Lebrecht, spoke in support of the Master Plan. (02:57:16)
Nate Harrison, Costa Mesa, spoke against the proposed location of the M & O
facility. (03:00:08)
Chris Coldiron, Costa Mesa, spoke on traffic concerns on Vanguard Way.
(03:00:49)
Michael Biagi, Costa Mesa, spoke against the proposed location of the M & O
facility. (03:03:20)
Flo Martin, Costa Mesa, spoke on delivery trucks parked on the streets. (03:04:57)
Lyndsey Leer, Costa Mesa, spoke against the proposed location of the M & O
facility. (03:06:04)
Bill Mitchell, Costa Mesa, spoke on traffic concerns on Vanguard Way. (03:08:22)
Speaker, spoke against the proposed location of the M & O facility. (03:10:01)
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 10
Denise Cutler Boyd, Costa Mesa, spoke on traffic concerns on Newport Boulevard.
(03:12:47)
Robin Leffler, Costa Mesa, spoke on mitigation. (03:15:46)
Public Hearing closed.
Dr. Beals addressed the issues raised by the public speakers. (03:18:00)
Discussion ensued on the residential building height; speed monitoring study;
general plan designation of the area; and the list of equipment. (03:23:35)
Barry Curtis, Economic and Development Services Director, spoke on the CEQA
document; and noise standards. (03:33:03)
Discussion ensued on a condition of approval regarding semi -truck deliveries;
trash compactor; traffic and safety concerns; a black box and a motorcycle officer to
track speed; a no construction entrance; and traffic calming solutions. (03:35:03)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Mansoor
MOTION: Modify the Planning Commission's decision to approve Planning
Application 17-11 with changes to the Conditions of Approval. (03:50:00)
Council Member Genis requested Mayor Pro Tem Stephens (the maker of the
motion) to alter Condition of Approval #9 to state that trash compacting activities
shall be contained within an enclosed structure. Mayor Pro Tem Stephens and
Council Member Mansoor (the second) both concurred. (03:51:56)
Mayor Pro Tem Stephens spoke on the motion. (03:54:43)
Council Member Mansoor spoke in support of the motion. (03:56:35)
Council Member Genis spoke in support of the motion. (03:57:30)
Council Member Reynolds spoke on the motion. (04:00:35)
Council Member Chavez spoke in support of the motion. (04:09:27)
Council Member Marr spoke against the motion. (04:11:20)
Mayor Foley requested Mayor Pro Tem Stephens (the maker of the motion) to
agree to the following Conditions of Approval: the driveway leading into the M &
O building must be gated and signed for employees only; the mechanical
equipment shall be placed so as to be on the portion of the roof furthest from
abutting residential properties; and no delivery trucks shall park or idle in the
median or on the side of the road. Mayor Pro Tem Stephens and Council
Member Mansoor (the second) both concurred. (04:13:22)
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 11
Mayor Foley spoke in support of the motion. (04:15:28)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Mansoor
MOTION: Modify the Planning Commission's decision to approve Planning
Application 17-11 with changes to the Conditions of Approval.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Mayor Pro Tem Stephens, and Mayor Foley.
Nays: Council Member Marr, Council Member Reynolds.
Absent: None
Motion carried: 5-2
ACTION:
City Council modified the Planning Commission's decision to approve PA -17-11
with the following changes to the Conditions of Approval:
(a) The driveway leading to the maintenance facilities off of Vanguard Way shall
be posted with a sign stating" Access for Vanguard Employees and Deliveries
Only".
(b) Noise—generating work at the Maintenance and Operations/Warehousing
area shall be conducted outside the building only between the hours of 8:00 a.m.
to 6:00 p.m., Monday through Friday. Compactors shall be fully enclosed for
sound attenuation. If noise complaints are received, additional measures shall be
implemented to further reduce noise. Such measures may include but are not
limited to, the use of machinery inside the building only with the roll -up doors in a
closed position.
(c) The new driveway approach on Vanguard Way for the Maintenance and
Operation/Warehouse Facility (Project C) shall not be used for construction vehicle
access for any phases of the Master Plan.
(d) No more than two (2) semi -truck deliveries to the Maintenance and
Operation/Warehouse Facility (Project C) shall be allowed per week. Hours of
semi -truck deliveries shall be limited to between the hours of 10:00 a.m. and 3:00
p.m.
(e) All loading and unloading of delivery vehicles for the Maintenance and
Operation/Warehouse Facility (Project C) shall be done on site. No loading,
unloading, or idling of delivery vehicles shall occur on Vanguard Way.
(f) Roof -mounted mechanical equipment for the Maintenance and
Operation/Warehouse Facility (Project C) shall be placed so as to be on the portion
of the roof furthest from abutting residential properties.
(g) Final design of the Maintenance and Operation/Warehouse Facility (Project C)
shall be forwarded to the Planning Commission for consideration and approval
(public hearing required).
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 12
City Council recessed into a break at 10:30 p.m.
City Council reconvened at 10:40 p.m.
OLD BUSINESS: NONE
NEW BUSINESS:
1. APPROVAL OF A LEASE AGREEMENT WITH THE COSTA MESA
LIGHTHOUSE CHURCH OF THE NAZARENE FOR USE OF A PORTION OF
EXISTING PROPERTY TO BE UTILIZED AS THE CITY'S TEMPORARY
BRIDGE SHELTER (04:19:30)
Justin Martin, Parks and Community Services Director, presented the staff report.
(04:19:57)
Kimberly Hall Barlow, City Attorney, spoke on the updates to the lease agreement
and the addendum. (04:24:00)
Discussion ensued on a transitional shelter; parking concerns; a 6 -month notice of
termination; and the terms of the lease. (04:31:40)
Public Comments:
Speaker, spoke on the Mercy House drivers. (04:45:33)
Phil Eyskens, Lighthouse Church Pastor, spoke on the trailers for sleeping and use
of the parking lot. (04:48:42)
Discussion ensued on the shuttle stop; and religious images. (04:43:07)
Public Comments closed.
Mr. Martin spoke on the Temporary Bridge Shelter site layout. (04:50:46)
MOVED/SECOND: Mayor Pro Tem Stephens/Mayor Foley (04:53:58)
MOTION: Approve recommended actions with the following changes to
Addendum 1 (Lease):
(a) Change the terms to April 15, 2019 or the date of occupancy, whichever is
earlier;
(b) Include a 6 -month termination notice provision by the Lighthouse church;
Discussion ensued on the changes to the location of beds; and the configuration
of the modulers. (04:55:10)
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 13
Ms. Barlow spoke on including the following to the motion (04:57:09)
(c) Exhibit B of the addendum, which references Temporary Trailers, may be
modified as needed;
(d) Allow the Acting City Manager/City Manager to approve minor changes with
the concurrence of the City Attorney and consistent with the City Council's
direction.
Both Mayor Pro Tem Stephens (the maker of the motion) and Mayor Foley (the
second) concurred. (04:57:58)
Mayor Pro Tem Stephens spoke on the motion. (04:58:02)
Council Member Genis spoke to continuing the item. (04:59:52)
MOVED/SECOND: Council Member Genis/None (05:01:16)
SUBSTITUTE MOTION: To continue the item to the February 26, 2019 meeting.
Motion died due to lack of a second.
Council Member Reynolds spoke in support of the motion. (05:03:50)
Council Member Chavez spoke in support of the motion. (05:04:38)
Council Member Marr spoke in support of the motion. (05:04:43)
Mayor Foley spoke in support of the motion. (05:05:05)
Council Member Genis spoke on the issue. (05:07:55)
MOVED/SECOND: Mayor Pro Tem Stephens/Mayor Foley (04:53:58)
MOTION: Approve recommended actions with the following changes to
Addendum 1 (Lease):
(a) Change the terms to April 15, 2019 or the date of occupancy, whichever is
earlier;
(b) Include a 6 -month termination notice provision by the Lighthouse church;
(c) Exhibit B of the addendum, which references Temporary Trailers, may be
modified as needed;
(d) Allow the Acting City Manager/City Manager to approve minor changes with
the concurrence of the City Attorney and consistent with the City Council's
direction.
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 14
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Mansoor, Council Member
Marr, Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley.
Nays: Council Member Genis
Absent: None
Motion carried: 6-1
ACTION:
1. City Council approved the Commercial Lease Agreement and Addendum 1
(Lease) between the City of Costa Mesa and the Costa Mesa Lighthouse
Church of the Nazarene (Property Owner) to allow the City to utilize a portion
of the existing property for a temporary bridge shelter for those experiencing
homelessness with the following changes to Addendum 1 (Lease):
(a) Change the terms to April 15, 2019 or the date of occupancy, whichever
is earlier;
(b) Include a 6 -month termination notice provision by the Lighthouse church;
(c) Exhibit B of the addendum, which references Temporary Trailers, may be
modified as needed;
(d) Allow the Acting City Manager/City Manager to approve minor changes
with the concurrence of the City Attorney and consistent with the City
Council's direction.
2. Authorized the Acting City Manager and City Clerk to execute the proposed
Lease and future authorized changes and amendments to the agreement;
and
3. Authorized the creation of an escrow account for the lease payments from
the City to the Property Owner; and
4. Authorized a budget adjustment from unassigned fund balance in the
General Fund in the amount of $480,000 to fund the lease payments,
modular trailer rentals and additional equipment and furniture that will
eventually be moved to the permanent bridge shelter.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:09:34)
Council Member Reynolds thanked staff for the community outreach. (05:09:45)
Council Member Genis spoke regarding idling on red curbs. (05:10:25)
ADJOURNMENT — The Mayor adjourned the meeting at 11:32 p.m. in memory of
Council Member Stephens' friend, Bob Stern.
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 15
Minutes adopted on this 7th day of May, 2019.
ATTEST:
Brenda GreeW, City Clerk
MINUTES - REGULAR MEETING - FEBRUARY 19, 2019 - PAGE 16