HomeMy WebLinkAbout03-05-19 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MARCH 5, 2019
CALL TO ORDER
The Closed Session was called to order by Mayor Foley at 4:01 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
Council Member Mansoor (arrived
(arrived at 4:08 p.m.), Council
Stephens, and Mayor Foley.
Absent: None
Member Genis (arrived at 4:05 p.m.),
at 4:23 p.m.), Council Member Marr
Member Reynolds, Mayor Pro Tem
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
The City Council recessed to Room 102 at 5:05 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: AmeriCare MedServices, Inc. v. City of Costa Mesa and CARE
Ambulance Services, United States District Court, Case No. 8:16-cv-01804-JLS-
AFM
MINUTES - REGULAR MEETING - MARCH 5, 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: 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.
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: James Gardner v. City of Costa Mesa, Orange County Superior
Court, Case No. 30-2018-01013117-CU-CR-CJC
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Cheryl Giacomino v. City of Costa Mesa; Jean Sola, Orange
County Superior Court, Case No. 30-2017-00963795-CU-PO-CJC
7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Gayle Hickey v. City of Costa Mesa, Orange County Superior
Court, Case No. 30-2017-00951064-CU-PO-NJC
8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Huntington Glazing, Inc. v. Horizons Construction Company
International; City of Costa Mesa; Old Republic Surety Company; Wesco
Insurance Company, Orange County Superior Court, Case No. 30-2019-
01046176-CU-BC-CJC
9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: LAB Holding, LLC v. City of Costa Mesa; Costa Mesa City
Council, Orange County Superior Court, Case No. 30-2018-01021810-CU-JR-
CJC
10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Arthur Lopez v. Costa Mesa Police Department; City of Costa
Mesa; Christopher Walk; Isidro Gallardo, United States District Court, Case No.
8 :17-cv-00297-V B F- M R W
11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Arther Masaoka and June Masaoka v. G&W Towing; City of
Costa Mesa; Costa Mesa Police Department et al., Orange County Superior
Court, Case No. 30-2018-01009599-CU-PO-CXC
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 2
12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Michael McDonough v. City of Costa Mesa; American Asphalt
South, Inc., Orange County Superior Court, Case No. 30-2018-01009599-CU-
PO-CXC
13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Ivin Mood v. City of Costa Mesa; City of Newport Beach, United
States District Court, Case No. 8:15-cv-01154-SVW (KK)
14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Paramount Tile, Inc. v. Elite Flooring Concepts, John Oberlin,
Tami Rondero, Horizons Construction Company, City of Costa Mesa, Orange
County Superior Court, Case No. 30-2018-01036966-CU-BC-CJC related to
Case No. 30-2017-00935973-CU-CO-CJC
15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Cecil Patterson v. Michael Beltran; City of Costa Mesa, Orange
County Superior Court, Case No. 30-2017-00954620-CU-PA-NJC
16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Juan Villeda v. Eric Fricke; City of Costa Mesa, Orange County
Superior Court, Case No. 30-2018-00980935-CU-CR-CJC
17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Juan Villeda v. David Sevilla; Slawek Luczkiewicz; City of Costa
Mesa, Orange County Superior Court, Case No. 30-2017-00909844-CU-DF-CJC
18. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
INITIATION OF LITIGATION — ONE POTENTIAL CASE
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code.
Mayor Pro Tem Stephens recused himself from Closed Session Item No. 3 as
Americare was a former client.
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:10)
The meeting was called to order by Mayor Foley at 6:00 p.m. in Grand Hall 1 of the
Costa Mesa Senior Center, 695 W. 19th Street, Costa Mesa, California.
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 3
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:38)
Mariners Christian School Students
MOMENT OF SOLEMN EXPRESSION (00:02:22)
Pastor Rod Randall, Harbor Trinity Church, Costa Mesa
ROLL CALL (00:03:20)
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 — (00:03:37) — Ms. Barlow stated
there were no reportable actions taken in Closed Session but direction was given to
staff.
PRESENTATIONS: (00:03:49)
Recognition of Costa Mesa High School Cheer — Mayor Foley and the City Council
recognized the Costa Mesa High School Cheer team and coaches. Mr. Calvin Alvarez,
representing Assemblywoman Cottie Petrie -Norris, presented them with certificates.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: (00:19:14)
Flo Martin, Costa Mesa, spoke in support of walkability. (00:19:30)
Michelle Figueredo-Wilson, Costa Mesa, thanked council members and staff for their
time and outreach regarding the Lighthouse Bridge Shelter. (00:22:16)
Jodine Riley, Costa Mesa, spoke on parking issues and suggested a parking program
pass for homeowners. (00:24:03)
Speaker, spoke on City Council setting policies and duties. (00:26:30)
Speaker, spoke on homeless issues. (00:28:05)
Bill Bowman, Costa Mesa, spoke on drainage and erosion issues on land next to his
house. (00:30:11)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 4
Tim Lewis, spoke on illegal trucks parking on Harbor Boulevard; and a house on
Victoria that is in poor condition. (00:33:55)
Robin Leffler, Costa Mesa, spoke on bringing back the Costa Mesa Minute. (00:37:06)
Speaker, spoke on the community coming together; and the students' anti-Semitic
gestures on social media. (00:38:27)
Speaker, spoke on the students' anti-Semitic gestures on social media. (00:41:02)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:43:42)
Council Member Genis spoke on parking issues; restaurant week; and the students'
anti-Semitic gestures on social media. (00:43:47)
Council Member Reynolds spoke on Committee recruitments; the Costa Mesa App;
student issues and civic engagement; activities at John Wayne Airport; and the
students' anti-Semitic gestures on social media. (00:47:03)
Council Member Chavez spoke on his meeting with District 4 residents regarding the
Lighthouse Church; Lions Park Playground Improvements Neighborhood meeting on
March 9th; Costa Mesa High School parents workshop on March 13th; and the students'
anti-Semitic gestures on social media. (00:51:16)
Council Member Marr spoke on informing Council of concerns; and the students' anti-
Semitic gestures on social media. (00:55:22)
Council Member Mansoor spoke on the students' anti-Semitic gestures on social media.
(00:57:33)
Mayor Pro Tem Stephens spoke on the Catholic Worker lawsuit settlement; illegal
dispensaries in town and enforcement; and the students' anti-Semitic gestures on social
media. (00:58:17)
Mayor Foley spoke on the students' anti-Semitic gestures on social media; requested to
agendize becoming a member of the OC Human Relations Commission; and partnering
with the school district and recreation through the City's teen programs on racial
diversity. (01:03:14)
REPORT — CITY MANAGER — (01:09:02) Ms. Letourneau invited all to the Lions Park
playground meeting on March 9th and spoke on the online surveys available on the City
website; March 26th Community Open House on shelter plans; spoke on the Committee
recruitment; and provided an update on the City Manager recruitment process.
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 5
REPORT — CITY ATTORNEY — (01:10:31) Ms. Barlow spoke on the Orange County
Catholic Worker case settlement; the Orange County Needle Exchange case, in which
the motion to stay was withdrawn; and working with Orange County representatives and
staff regarding the FPPC's recent rule change that will make it harder for Council
Members in districts to participate in decisions directly affecting their constituents.
CONSENT CALENDAR: (01:13:11)
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8
except for 3, 6, 7 and 8.
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
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: Harrold Aguirre, Rosita Bishopp, Mario
Figueroa, and George Tfaye and Albert Mardikian.
ACTION:
City Council received and filed.
4. 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
PROGRAM ALLOCATION
ACTION:
1. City Council authorized the Acting City Manager, or designee, to execute the
Agreement to Transfer Funds for the 2018 Emergency Management
Performance Grant (EMPG) Program; and
2. Adopted Resolution No. 19-10, which authorizes the application for and
acceptance of funds under the Emergency Management Performance Grant
(EMPG) Program, and authorized the City Manager, or designee, to accept the
EMPG Program funds; and
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 6
3. Authorized a budget adjustment recognizing $14,446.00 from the EMPG
Program funds and appropriating $14,446.00 in the Police Department budget
for the specified purposes.
5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH AKAL
CONSULTANTS
ACTION:
1. City Council approved proposed Amendment No. 1 to the existing Professional
Services Agreement with AAHK, Inc. dba AKALConsultants ("A"L"),
increasing the maximum compensation by $63,040.00; and
2. Authorized the Acting City Manager and City Clerk to execute Amendment No.
1; and
3. Authorized the Acting City Manager and the City Clerk to execute future
authorized contract amendments.
ITEMS PULLED FROM THE CONSENT CALENDAR
3. WARRANT RESOLUTION NO. 2614 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL 19-04 FOR $2,554,044.28; AND CITY
OPERATING EXPENSES FOR $4,303,852.12; AND SPECIFYING THE FUNDS
OUT OF WHICH THE SAME ARE TO BE PAID (01:13:27)
Public Comment:
Speaker, spoke on sober living operators. (01:13:33)
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: Approve Warrant Resolution No. 2614.
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. 2614.
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 7
6. PROFESSIONAL ENGINEERING SERVICES FOR TRANSPORTATION
SERVICES DIVISION (01:15:20)
Raja Sethuraman, Public Services Director, presented the staff report. (01:15:29)
Council Member Mansoor spoke on concerns with Paularino Trail Channel.
(01:16:10)
Council Member Genis spoke on concerns about the money being spent on
Paularino Trail Channel. (01:16:48)
Public Comments:
John Merrill, Costa Mesa, requested to postpone the item due to the inclusion of
Paularino Trail Channel. (01:17:23)
Joy DeCicco, Costa Mesa, spoke against the inclusion of Paularino Trail Channel.
(01:20:37)
Public Comments closed.
Mr. Sethuraman spoke on the item. (01:21:55)
MOVED/SECOND: Mayor Pro Tem Stephens/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 Marr,
Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley.
Nays: Council Member Mansoor.
Absent: None
Motion carried: 6-1
ACTION:
1. City Council approved Amendment No. 1 to the Professional Services
Agreement (PSA) with Interwest Consulting Group, Inc., 15140 Transistor
Lane, Huntington Beach, CA 92649, increasing the maximum compensation
by $120,000; and
2. Authorized the Acting City Manager and the City Clerk to execute the
amendment and future authorized amendments to the agreement.
7. CITYWIDE ALLEY REHABILITATION PROJECT - CITY PROJECT NO. 18-19
(01:28:00)
Council Member Genis recused herself and stepped down from the dais and left
Grand Hall 1 due to a potential conflict of interest in living within 1000 feet of the
project. (01:28:11)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 8
Bart Mejia, City Engineer, presented the staff report. (01:28:44)
Public Comment:
Speaker, spoke on the poor quality of work by Black Rock Construction. (01:31:54)
Public Comments closed.
Discussion ensued on evaluating contractors work; and responsible bidders.
(01:33:51)
Council Member Chavez spoke on the motion. (01:35:38)
MOVED/SECOND: Council Member Chavez/Council Member Marr
MOTION: Approve recommended actions.
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: None
Absent: None
Abstain: Council Member Genis
Motion carried: 6-0-0-1
ACTION:
1. City Council adopted the plans, specifications, and working details for the
Rehabilitation of Alley Nos. 18, 37, 59, 83, and 112 Project, City Project No. 18-
19; and
2. Awarded a construction contract to Black Rock Construction Company, 929
Mariner St., Brea, CA 92821, in the amount of $498,560.00; and
3. Authorized the Acting City Manager and the City Clerk to execute the Public
Works Agreement (PWA), and authorized the City Manager to execute future
contract amendments within Council authorized limits; and
4. Authorized the City Manager to accept the work when completed and
authorized the City Clerk to file the Notice of Completion upon such acceptance;
authorized release of the retention monies 35 days after the Notice of
Completion is filed; authorized release of the Labor and Material Bond one year
after the Notice of Completion is filed; and authorized release of the Faithful
Performance Bond, if appropriate, at the conclusion of the one-year
warranty period.
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 9
8. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES WITH
EVERETT AND DOREY (01:38:00)
Kimberly Hall Barlow, City Attorney, presented the staff report. (01:38:24)
Council Member Mansoor spoke against the item. (01:39:27)
Discussion ensued on a Request for Qualifications; the firms that were contacted;
and Keller Anderle law firm. (01:41:03)
Public Comments:
Speaker, spoke against the item. (01:44:15)
Speaker, spoke on Sober Living Homes. (01:46:21)
Robin Leffler, Costa Mesa, spoke against the item. (01:47:52)
Speaker, spoke in support of the law firm. (01:50:06)
Speaker, spoke in support of the law firm. (01:51:45)
Speaker, spoke in support of the law firm. (01:54:17)
Public Comments closed.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION: Approve recommended actions.
Mayor Pro Tem Stephens spoke on the motion. (01:56:09)
Council Member Reynolds spoke in support of the motion. (02:02:49)
Council Member Genis spoke against the motion. (02:03:46)
Council Member Chavez spoke in support of the motion. (02:06:15)
Council Member Marr spoke in support of the motion. (02:08:00)
Council Member Mansoor spoke against the motion. (02:08:53)
Mayor Foley spoke in support of the motion. (02:09:06)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 10
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
ORIGINAL MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member
Reynolds and Mayor Pro Tem Stephens and Mayor Foley.
Nays: Council Member Genis and Council Member Mansoor.
Absent: None
Motion carried: 5-2
ACTION:
1. City Council approved the Professional Services Agreement (PSA) with Everett
and Dorey LLP (Everett and Dorey) for legal services in connection with
challenges to and civil enforcement of the City's ordinances 13-04, 14-13, 15-
06,15-11, 17-05, and 17-06; and
2. Authorized the Acting City Manager and City Clerk to execute the
Professional Services Agreement and future authorized amendments to the
Agreement and the City Attorney to take necessary steps to associate
Everett and Dorey as co -counsel in the legal matters; and
3. Authorized a budget adjustment of $500,000 in the Self Insurance Fund and
authorized a transfer of $500,000 from the unassigned fund balance in the
General Fund to the Self -Insurance Fund to provide legal services from
Everett and Dorey and the City Attorney's Office to defend the City in various
matters relating to sober living home ordinances for the R1 and multi -family
zones, and related legal matters; and
4. Authorized the City Manager to appropriate additional amounts, as necessary,
to pay legal costs above $500,000 allowing the attorneys to see these cases
through to completion.
Mayor Foley requested a six-month review of the firm. (02:11:12)
City Council recessed into a break at 8:10 p.m.
City Council reconvened at 8:20 p.m.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): NONE
OLD BUSINESS: NONE
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 11
NEW BUSINESS:
1. GENERAL PLAN SCREENING REQUEST (GPS -18-01) FOR A MIXED-USE
DEVELOPMENT ON A 15.23 -ACRE SITE LOCATED AT 1683 SUNFLOWER
AVENUE NORTH OF THE 1-405 FREEWAY (02:11:46)
Barry Curtis, Economic and Development Services Director, explained the General
Plan Screening process. (02:12:06)
Minoo Ashabi, Principal Planner, presented the staff report. (02:13:52)
Applicant Brent Stoll, Rose Equities, provided a power point presentation. (02:34:16)
Tony Petros, LSA Associates, spoke on the traffic patterns. (02:44:38)
David Savlowitz, Competitive Analytics, spoke on jobs, housing and economic
impact. (02:53:25)
Discussion ensued on affordable units; density bonus; incentives; comparable cities;
and open space. (03:00:56)
Mr. Stoll spoke on other projects developed; economic model; project timeline;
and shade and shadow analysis. (03:00:56)
Discussion ensued on long-term partnerships; management; walkability and
bikeways; and the RHNA (Regional Housing Needs Assessment) numbers.
(03:16:49)
Discussion ensued on thresholds for VMT (Vehicle Miles Travelled); traffic on the
405 freeway; Measure X; and affordable housing. (03:19:36)
Council Member Mansoor stated he met with the applicant and inquired on the North
Costa Mesa Specific Plan. (03:25:45)
Ms. Ashabi spoke on the North Costa Mesa Specific Plan. (03:26:26)
Dan Stefano, Fire Chief, spoke on impacts to the fire department. (03:28:50)
Discussion ensued on average daily trips; traffic studies; loss of revenue base;
ownership units; park space fees; Development Agreements; the number of jobs;
RHNA numbers; zoning designations; Measure Y process; and lane trips.
(03:30:30)
Public Comments:
Flo Martin, Costa Mesa, spoke in support of the project. (03:56:25)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 12
Rich Gomez, Southwest Regional Council of Carpenters, spoke in support of the
project. (03:59:32)
Diane Russell, Costa Mesa, spoke in support of the project and affordable units.
(04:01:50)
Speaker, spoke in support of the project. (04:03:05)
Janet Krochman, Costa Mesa, spoke in support of the project. (04:04:14)
Jay Humphrey, Costa Mesa, spoke in support of affordable housing; and spoke on
the need for open space during construction. (04:06:00)
Linda Tang, Kennedy Commission, spoke in support of the project. (04:08:22)
Kevin Morgenstern, Costa Mesa, spoke in support of the project. (04:10:40)
Speaker, Costa Mesa, spoke in support of the project. (04:12:08)
Michelle Figueredo-Wilson, Costa Mesa, spoke on designating units for homeless.
(04:13:53)
Rick Huffman, Costa Mesa, spoke in support of the project. (04:16:09)
Jody Eswick, People for Housing Orange County, spoke in support of the project.
(04:18:50)
Speaker, spoke on concerns with the project. (04:20:06)
Cynthia McDonald, Costa Mesa, spoke in support of the project. (04:22:58)
City Council recessed into a break at 10:34 p.m.
City Council reconvened at 10:45 p.m.
Robin Leffler, Costa Mesa, spoke on concerns with the project. (04:26:05)
Michael Schrock, Urban Arena, spoke on park fees credit; and jobs. (04:29:26)
Mr. Stoll addressed the issues raised by the public speakers. (04:33:00)
Public Comments closed.
Council Member Genis spoke on the item requiring a vote; concerns with the
project; and stated she did not have any ex -parte communications with the
applicant. (04:34:14)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 13
Council Member Reynolds stated she met with the applicant; spoke in support of the
project; and spoke on her concerns. (04:47:05)
Council Member Chavez spoke in support of the project; and spoke on parking
concerns. (04:54:40)
Council Member Marr stated she had communications with the applicant; spoke in
support of the project; and spoke on her concerns. (04:58:02)
Council Member Mansoor; spoke in support of the project; and spoke on his
concerns. (05:03:00)
Mayor Pro Tem Stephens stated he met with the applicant and toured the site;
showed videos of the traffic near the site; and spoke in support of the project.
(05:04:16)
Council Member Chavez stated he met with the applicant and toured the site.
(05:13:50)
Mayor Foley stated she met with the applicant; spoke in support of the project; and
spoke on her concerns. (05:14:44)
Discussion ensued on the process. (05:24:38)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION: Direct staff to process the application. (05:32:18)
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:
City Council directed staff to process the application for a General Plan Amendment
request for development of a 15.23 -acre parcel with 1,057 residential units, 6,000
square feet of specialty retail space, a 25,000 -square -foot office building, and 1.7
acres of park/open space. The General Plan Screening (GPS) is the first step to
start the process of submittal for a General Plan Amendment, Specific Plan, and a
Master Plan application for development of the site. The project would:
• Allow a mixed use development with a site-specific density of up to 80 dwelling
units per acre in close proximity to the freeway.
• Create a new mix of land uses which would provide more housing close to
employment centers and improve the City's jobs/housing balance.
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 14
Allow additional housing opportunities to meet the City's housing needs and
potential affordable housing requirements allocated with the next Regional
Housing Needs Assessment (RHNA) cycle.
• Reduce the City's overall industrial land use area by 15.23 acres.
City Council recessed into a break at 11:50 p.m.
City Council reconvened at 12:00 a.m.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Chavez
MOTION: To continue the meeting past midnight.
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: None
Absent: Council Member Genis
Motion carried: 6-0-1
ACTION:
City Council continued the meeting past midnight.
Mayor Foley spoke on re -doing the vote for Consent Calendar Item Number 8.
(05:33:20)
RECONSIDERATION OF CC -8 (05:33:23)
Mayor Foley recused herself and stepped down from the dais and left Grand Hall 1
due to a potential conflict of interest with respect to a donation received in June
2018 from the principal of Everett and Dorey law firm.
8. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES WITH
EVERETT AND DOREY
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION: To reconsider Consent Calendar Item No. 8.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member
Reynolds and Mayor Pro Tem Stephens.
Nays: Council Member Genis and Council Member Mansoor.
Absent: None
Abstain: Mayor Foley
Motion carried: 4-2-0-1
ACTION:
City Council agreed to reconsider Consent Calendar Item No. 8.
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 15
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Approve recommended actions. (05:36:15)
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member
Reynolds and Mayor Pro Tem Stephens.
Nays: Council Member Genis and Council Member Mansoor.
Absent: None
Abstain: Mayor Foley
Motion carried: 4-2-0-1
ACTION:
1. City Council approved the Professional Services Agreement (PSA) with Everett
and Dorey LLP (Everett and Dorey) for legal services in connection with
challenges to and civil enforcement of the City's ordinances 13-04, 14-13, 15-
06,15-11, 17-05, and 17-06; and
2. Authorized the Acting City Manager and City Clerk to execute the
Professional Services Agreement and future authorized amendments to the
Agreement and the City Attorney to take necessary steps to associate
Everett and Dorey as co -counsel in the legal matters; and
3. Authorized a budget adjustment of $500,000 in the Self Insurance Fund and
authorized a transfer of $500,000 from the unassigned fund balance in the
General Fund to the Self -Insurance Fund to provide legal services from
Everett and Dorey and the City Attorney's Office to defend the City in various
matters relating to sober living home ordinances for the R1 and multi -family
zones, and related legal matters; and
4. Authorized the City Manager to appropriate additional amounts, as necessary,
to pay legal costs above $500,000 allowing the attorneys to see these cases
through to completion.
2. APPROVE THE ACQUISITION OF REAL PROPERTY LOCATED AT 3175
AIRWAY AVENUE, COSTA MESA, CA 92627 FOR EVALUATION OF USE AS
THE CITY'S PERMANENT BRIDGE SHELTER AND OTHER POSSIBLE USES
(05:37:19)
Justin Martin, Parks and Community Services Director, presented the staff report.
(05:37:39)
Kelly Telford, Finance Director, spoke on costs; and the park fees fund.
(05:46:25)
Public Comments:
Kevin Morgenstern, Costa Mesa, spoke in opposition to the location for the
shelter. (05:50:25)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 16
Speaker, spoke in opposition to the location for the shelter. (05:53:26)
Ian Stevenson, Director of Trellis, spoke in support of the project. (05:56:14)
Elizabeth Andrade, Chief Operation Director for Mercy House, spoke on Mercy
House. (05:58:00)
Public Comments closed.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Chavez
MOTION: Approve recommended actions. (06:00:07)
Mayor Pro Tem Stephens spoke on the motion. (06:00:40)
Council Member Chavez spoke in support of the motion. (06:03:24)
Council Member Genis spoke in support of the motion. (06:04:34)
Council Member Reynolds spoke in support of the motion. (06:07:41)
Council Member Marr spoke in support of the motion; and requested a study
session on affordable housing. (06:10:21)
Council Member Mansoor spoke in support of the motion. (06:11:21)
Mayor Foley spoke in support of the motion. (06:12:50)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Chavez
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 determined the acquisition of the property is categorically
exempt from analysis under the California Environmental Quality Act; and
2. Approved the acquisition of real property located at 3175 Airway Avenue,
Costa Mesa, CA 92627 for evaluation of use as the City's permanent bridge
shelter and other possible uses; and
3. Authorized the release of all contingency items related to the purchase
agreement including the appraisal and inspections; and
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 17
4. Authorized a funding swap and the related budget adjustments, which will
provide $4,125,000 in non -General Fund funding for the acquisition and
renovation of 3175 Airway Avenue, Costa Mesa, CA; and
5. Authorized a budget adjustment appropriating $4,125,000 in the Capital
Improvement Fund for the acquisition and renovation of 3175 Airway
Avenue, Costa Mesa, CA; and
6. Authorized a budget adjustment appropriating $3,425,000 in the General
Fund using unassigned fund balance for the acquisition 3175 Airway
Avenue, Costa Mesa, CA; and
7. Authorized the Acting City Manager and City Clerk to execute all real estate
purchase documents, disclosures, escrow paperwork and future authorized
changes and amendments necessary to close escrow.
3. FIRST READING OF ORDINANCES INCREASING THE NUMBER OF
MEMBERS OF THE PLANNING AND PARKS AND RECREATION
COMMISSIONS, RENAMING THE PARKS AND RECREATION COMMISSION,
AND DISSOLVING THE SENIOR COMMISSION
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Continue the item to the March 19, 2019 City Council meeting.
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 continued the item to the March 19, 2019 City Council meeting.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (06:22:27)
Council Member Genis requested to adopt a resolution at the March 19 Council meeting
endorsing SB 689 to provide local control over needle exchanges. (06:22:38)
ADJOURNMENT — The Mayor adjourned the meeting at 12:50 a.m. (06:22:59)
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 18
Minutes adopted on this 7th day of May, 2019.
ATTEST:
Brenda Green, City Clerk
MINUTES - REGULAR MEETING - MARCH 5, 2019 - PAGE 19