HomeMy WebLinkAbout04-02-19 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
APRIL 2, 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, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro
Tem Stephens, and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION:
Speaker, spoke on the sober living cases.
The City Council recessed to Room 102 at 4:05 p.m. for Closed Session to consider the
following items:
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
INITIATION OF LITIGATION — ELEVEN POTENTIAL CASES
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
2. 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.
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. 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-C U -O R-CJC.
MINUTES - REGULAR MEETING - APRIL 2, 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. 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.
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. 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.
6. 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.
7. 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.
8. 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.
9. 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-01 304-JVS-PJW.
10. 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-JVS-PJW.
MINUTES - REGULAR MEETING - APRIL 2, 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: 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.
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:11)
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.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:46)
Mariners Middle School
MOMENT OF SOLEMN EXPRESSION (00:02:27)
Pastor Sarah Heath, First United Methodist Church of Costa Mesa
ROLL CALL (00:03:11)
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 (00:03:27) — Ms. Barlow stated there
were no reportable actions taken in Closed Session but direction was given to staff.
PRESENTATIONS (00:03:40)
1. Boys and Girls Club Presentation — Mr. Robert Santana, Chief Executive Officer of
the Boys and Girls Club of Central Orange Coast, presented the Annual Report.
(00:03:48)
2. Animal Services Committee Annual Report — Jay Litvak, Chair, presented the Annual
Report. (00:13:20)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 3
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:24:09)
Margaret Wolf, Seal Beach, requested a toaster and a new microwave at the Senior
Center. (00:24:34)
Jay Humphrey, Costa Mesa, spoke on Fairview Park. (00:25:38)
Robin Leffler, Costa Mesa, spoke on Municode Section 2-68 regarding Disqualification
on Conflict of Interest; and campaign donations from Tom Arnold. (00:28:58)
Ms. Barlow addressed Municode Section 2-68 and clarified it is not a conflict for
purposes of Committee and Commission appointments. (00:31:36)
Speaker, spoke on clarifying Municode Section 2-68 on donations and appointments to
committees. (00:32:45)
Speaker, spoke on opioid issues and overdoses. (00:34:26)
Speaker, requested the 2018 Fourth of July After -Action Report. (00:36:52)
Speaker, thanked Raja Sethuraman; and requested grass at the dog park. (00:38:02)
Al Melone, Costa Mesa, spoke on urban coyotes. (00:39:58)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:42:38)
Council Member Chavez reported on his attendance at the following events: a tour of
the Costa Mesa Sanitary District; American Little League series with special needs
children; Newport -Mesa Unified School District's (NMUSD) Human Relations Task
Force; and Volunteer Training for Mercy House; spoke on Fairview Park; and DMV
overflow parking on the streets. (00:42:50)
Council Member Marr reported on her attendance at a tour of the Costa Mesa Sanitary
District and the Senior Center prom; spoke on parking citations; and Homeless Shelter
opening on April 5th. (00:46:46)
Council Member Mansoor — no comments.
Council Member Genis spoke on The Traveling Wall Vietnam Memorial coming to Costa
Mesa at Balearic Park from April 11-14; the Orange County Council of Governments
meeting on April 12; and grass at the dog park. (00:48:34)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 4
Council Member Reynolds spoke on Committee meetings; Beauty and the Beast play
by Arts and Learning Conservatory; NMUSD Human Relations Task Force; United
Ways Annual event; homeless issues; Chamber of Commerce event for local non-
profits at Ikea on April 31d; Regional Economic Outlook at UCI on April 3rd; Town Hall
meeting on April 6th regarding John Wayne Airport; requested a resolution to fly a flag in
honor of pride month; and for staff to look into improving the upkeep and aesthetics of
vacant lots in the City. (00:50:43)
Mayor Pro Tem Stephens spoke on the American Little League series with special
needs children; spoke on citizens age 24-35; microbreweries in Costa Mesa; SOS
fundraiser event on April 4th; reported on his attendance at the Travel Costa Mesa
Annual Board meeting; and spoke on the Homeless Shelter opening on April 5th.
(00:53:55)
Mayor Foley spoke on being in court on homeless issues; the Homeless Shelter
opening on April 5th; Talbert park encampments; League of Cities presentation
regarding the shelter; spoke on attending a ceremony and receipt of a check from
Stonyfield Organics for organic pesticides; College Hospital meeting on crisis
stabilization unit program; Illumination Foundation tour; the planetarium opening at
Orange Coast College; Costa Mesa Sanitary District donation for the homeless shelter
restrooms; and new legislations by Assemblywoman Cottie Petrie -Norris. (00:58:22)
REPORT — CITY MANAGER — Ms. Letourneau provided an update on the Council
Chambers remodel; spoke on a photo contest by the Parks and Community Services
department; and Mr. Martin spoke on the challenges of growing grass in the dog park.
REPORT — CITY ATTORNEY — Ms. Barlow spoke on the Emergency Appeal filed on
behalf of the Orange County Needle Exchange program and the Court dismissing the
petition.
CONSENT CALENDAR (01:06:39)
MOVED/SECOND: Council Member Genis/Council Member Chavez
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10
except for 3, 4, 6, 8 and 10.
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 — APRIL 2, 2019 — PAGE 5
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: Luke Thomas Fangel,
Marie Grecco, Kenneth Jackson, Nancy Marcus, Eric McVey, George Tfaye and
Albert
ACTION:
City Council received and filed.
5. SECOND READING OF AN ORDINANCE DELETING TIME LIMITS FOR
CERTAIN TEMPORARY SIGNS PERMITTED IN RESIDENTIAL ZONES
ACTION:
City Council gave second reading by title only, and adopted Ordinance No. 19-08
(Code Amendment CO -18-05), amending Title 13 of the Costa Mesa Municipal
Code related to time periods for placement and display of non-commercial portable
signs on private residentially -zoned properties.
7. RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20
FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017
ACTION:
City Council adopted Resolution No. 19-13, adopting a list of projects for Fiscal
Year (FY) 2019-20 proposed to be funded with Road Maintenance and
Rehabilitation Account (RMRA) revenues.
9. HYLAND AVENUE AT MACARTHUR BOULEVARD INTERSECTION
IMPROVEMENTS, CITY PROJECT NO. 19-01
ACTION:
City Council adopted plans, specifications, and working details for Hyland Avenue
at MacArthur Boulevard Intersection Improvements, City Project No. 19-01; and
1. Awarded a construction contract to Black Rock Construction Company, 929
Mariner Street, Brea, CA, 92821, in the amount of $370,500.00; and
2. Authorized the Acting City Manager and the City Clerk to execute the Public
Works Agreement (PWA), and authorized the Acting City Manager to execute
future contract amendments within Council authorized limits; and
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 6
3. Authorized an additional ten percent (10%) contingency totaling $37,050.00 as
needed for unforeseen costs; and
4. Approved a budget adjustment recognizing $405,734.00 in Measure M2 grant
funds and appropriating a total of $507,167.00 to the Hyland Avenue at
MacArthur Boulevard Intersection Improvements Project; $405,734.00 in
Measure M2 grant funds and $101,433.00 from unassigned fund balance in the
Traffic Impact Fees Fund; and
5. 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.
ITEMS PULLED FROM THE CONSENT CALENDAR:
3. WARRANT RESOLUTION NO. 2616 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL 19-06 FOR $2,584,031.95 AND CITY
OPERATING EXPENSES FOR $3,789,087.79; AND SPECIFYING THE FUNDS
OUT OF WHICH THE SAME ARE TO BE PAID (01:08:58)
Public Comments:
Speaker, spoke on Jones -Mayer invoices. (01:09:01)
Speaker, spoke on assisting with the planting of grass at the dog park. (01:11:21)
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Approve Warrant Resolution No. 2616.
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. 2616.
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 7
4. SECOND 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 (01:12:32)
Council Member Mansoor spoke on not supporting the item. (01:13:00)
Public Comments:
Speaker, spoke in support of the item. (01:13:15)
Public Comments closed.
Council Member Genis spoke on not supporting the item. (01:13:53)
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 Marr, Council Member
Reynolds, 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 gave second reading by title only, and adopted Ordinance No.
19-05 of the City Council of the City of Costa Mesa, California, amending
Section 13-10 (Planning Commission) of Article 3 (Review Authorities) of
Chapter I (In General) of Title 13 (Planning, Zoning and Development) of the
Costa Mesa Municipal Code; and
2. Changed the terms of Planning Commissioners currently residing in Districts
1 and 2, to expire in January 2021; and
3. Gave second reading by title only, and adopted Ordinance No. 19-06 of the
City Council of the City of Costa Mesa, California, amending Chapter III
(Parks and Recreation Commission) of Title 12 (Parks and Recreation) of the
Costa Mesa Municipal Code; and
4. Gave second reading by title only, and adopted Ordinance No. 19-07 of the
City Council of the City of Costa Mesa, California, dissolving the Senior
Commission and repealing Chapter IV (Senior Commission) of Title 12 (Parks
and Recreation) of the Costa Mesa Municipal Code.
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 8
6. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) 2019 REGIONAL CONFERENCE
AND GENERAL ASSEMBLY (01:14:24)
Council Member Genis encouraged Council to attend the General Assembly.
(01:14:54)
Public Comments:
Speaker, spoke in support of Council Member Marr. (01:16:55)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION: Designate Council Member Marr as the delegate for the upcoming
2019 Annual Southern California Association of Governments (SCAG) Regional
Conference & General Assembly.
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 designated Council Member Marr as the delegate for the upcoming
2019 Annual Southern California Association of Governments (SCAG) Regional
Conference & General Assembly.
8. JOHN WAYNE AIRPORT GENERAL AVIATION IMPROVEMENT PROGRAM
DRAFT ENVIRONMENTAL IMPACT REPORT (01:18:13)
Minoo Ashabi, Principal Planner, presented the staff report. (01:18:38)
Discussion ensued on Jet Blue retrofitting jets to decrease noise. (01:24:11)
Public Comments:
Robin Leffler, Costa Mesa, spoke on the increase of private jets flying to and from
John Wayne Airport. (01:25:06)
Speaker, spoke on traffic patterns over Costa Mesa; pollution; and noise.
(01:26:05)
Beth Refakes, Costa Mesa, spoke on traffic patterns over Costa Mesa; pollution;
and noise. (01:27:37)
Public Comments closed.
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 9
Council Member Marr spoke on reporting noise complaints. (01:32:11)
Council Member Genis spoke on the major litigation regarding John Wayne
Airport; and the history of the issue including deregulation. (01:32:37)
Council Member Reynolds spoke in support of the letter to the Orange County
Board of Supervisors; and on residents sending in their input. (01:37:38)
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Stephens
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:
a) City Council determined this action is exempt from the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the
CEQA Guidelines because this action will not result in a physical change to the
environment, directly or indirectly; and
b) Authorized the Mayor to send a letter to the Orange County Board of Supervisors
requesting the Supervisors to adopt Alternative 3, which is described as follows
per the draft Environmental Impact Report for the John Wayne Airport (JWA)
General Aviation Improvement to correct non-standard conditions:
• Relocate the Vehicle Service Road (also known as Perimeter Road) along
Taxiway A to comply with FAA clearance standard dimensions for Group V
aircraft
Remove obstructions (two community hangars from the Full Service
Southeast FBO) to comply with FAA height restrictions
Remove 31 transient aircraft apron parking spaces from within the extended
object -free area ("OFA") in the approach to Runway 2L
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 10
10. ADOPTING PRIORITIES FOR 2019-20 (01:38:47)
Tamara Letoumeau, Acting City Manager, presented the staff report. (01:38:56)
Discussion ensued on infrastructure priorities within districts. (01:44:43)
Mayor Pro Tem Stephens spoke on improving the Golf Course as it is a revenue
generator. (01:46:30)
Council Member Mansoor spoke on concerns with statements that imply a potential
increase in taxes. (01:48:48)
Mayor Foley spoke on Goal # 3 pertaining to revenues. (01:49:39)
Discussion ensued on the process. (01:51:26)
Council Member Genis spoke on the workshop notes and the Goals and Priorities
list. (01:55:00)
Discussion on the preparation of the staff report and resolution. (01:58:09)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on public participation. (02:02:15)
Robin Leffler, Costa Mesa, spoke on recording the meeting; and requested to
postpone consideration of the item. (02:05:11)
Beth Refakes, Costa Mesa, spoke on concerns with infrastructure priorities initiated
by districts; and revising some of the wording on the Goals and Priorities.
(02:08:10)
John Merrill, Costa Mesa, commended Council on setting goals; spoke on public
participation; and recording the meeting. (02:10:15)
Speaker, spoke on the meeting. (02:11:57)
Speaker, spoke on the meeting and public participation. (02:13:27)
Public Comments closed.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION: Adopt Resolution No. 19-12, adopting the City Council Goals and
Priorities for 2019.
Mayor Pro Tem Stephens spoke on the motion; and recording future meetings.
(02:15:55)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 11
Council Member Reynolds spoke in support of the motion. (02:18:37)
Council Member Chavez suggested to have future meeting on a weekend; and
spoke in support of the motion. (02:19:46)
Council Member Marr spoke on the Council motivation; and requested Mayor Pro
Tem Stephens (the maker of the motion) to change Goal #2f to read: Provide
opportunity for district initiated input on infrastructure priorities. Mayor Pro Tem
Stephens and Council Member Reynolds (the second) both concurred.
(02:22:50)
Council Member Mansoor spoke on revenue; and suggested to have the meeting
on a Saturday or weeknight evening and recorded. (02:25:10)
Council Member Genis requested the following changes to the Goals and
Priorities list and both Mayor Pro Tem Stephens and Council Member Reynolds
concurred. (02:40:33)
1) Change Goal #2h to read: Improve key travel corridors to beautify and improve
appearance, to comply with the Active Transportation Plan and reducing speeds.
2) Change Goal #3a to read: Take measures to reduce expenditures including
but not limited to:
i. Implementing energy efficiencies and sustainability practices at city hall, in
public buildings, parks and public spaces;
ii. Addressing the City's pension obligations responsibly and creatively.
3) Change Goal #5 title to read: Improve Mobility and Parking.
4) Change Goal #6d to read: Improve transparency and accountability as well as
increasing checks and balance by, without limitation, improving the
Budget/Finance Software ("ERP" or Enterprise Resource Planning).
Mayor Foley requested the following changes to the Goals and Priorities list and
both Mayor Pro Tem Stephens and Council Member Reynolds concurred.
(02:48:40)
1) Change Goal #1 h to read: Manage coyotes effectively.
2) Change Goal #5c to read: Reduce cut -through traffic.
MOTION: Adopt Resolution No. 19-12, adopting the City Council Goals and
Priorities for 2019 with the following changes to the Goals and Priorities:
Goal #1 h: Manage coyotes effectively.
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 12
Goal #2f: Provide opportunity for district initiated input on infrastructure
priorities.
Goal #2h: Improve key travel corridors to beautify and improve appearance, to
comply with the Active Transportation Plan and reducing speeds.
Goal #3a: Take measures to reduce expenditures including but not limited to:
i. Implementing energy efficiencies and sustainability practices at city hall, in
public buildings, parks and public spaces;
ii. Addressing the City's pension obligations responsibly and creatively.
Goal #5: Improve Mobility and Parking.
Goal #5c: Reduce cut -through traffic.
Goal #6d: Improve transparency and accountability as well as increasing checks
and balance by, without limitation, improving the Budget/Finance Software
("ERP" or Enterprise Resource Planning).
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:
City Council adopted Resolution No. 19-12, adopting the City Council Goals and
Priorities for 2019 with the aforementioned changes to the Goals and Priorities.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
City Council recessed into a break at 8:45 p.m.
City Council reconvened at 9:02 p.m.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Genis (02:47:00)
MOTION: Consider New Business Item Number 1 prior to Public Hearing.
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 - APRIL 2, 2019 - PAGE 13
ACTION:
City Council agreed to consider New Business Item Number 1 prior to Public
Hearing.
NEW BUSINESS:
1. AN AMENDMENT TO THE SMALL CELL TELECOMMUNICATION FACILITY
DESIGN GUIDELINES REFERENCED IN COSTA MESA MUNICIPAL CODE
SECTION 19-15 (02:48:10)
Johnwilly Aglupos, Assistant Planner, presented the staff report. (02:48:50)
Discussion ensued on compliance with Federal Communications Commission
(FCC); direct view concerns; small cells in Fairview Park; updating Planning fees;
residential zones; and discretionary decisions. (02:57:30)
Public Comments:
Aaron Snyder, representing Crown Castle, spoke on the FCC order; procedures;
and approval. (03:25:46)
Robin Leffler, Costa Mesa, spoke in favor of transparency; and requested
clarification on direct view. (03:30:24)
Speaker, spoke on applicants going before the Planning Commission. (03:32:04)
MOVED/SECOND: Council Member Marr/Council Member Genis (03:35:10)
MOTION: Adopt Resolution No. 19-14 amending the Small Cell
Telecommunication Facility Design Guidelines to comply with FCC Small Cell
Regulatory Order 18-133 with the following amendments to the location of the
proposed facilities:
A facility within 75 feet of a residence in a residential zone (when located on a
local street) and 50 feet of a residence in a residential zone (when located on an
arterial) shall be reviewed by the Planning Commission.
Council Member Marr spoke on the motion. (03:35:58)
Council Member Genis spoke in support of the motion. (03:37:42)
Council Member Reynolds requested Council Member Marr (the maker of the
motion) to change the motion to apply to all residential units. Council Member
Marr did not concur. (03:40:25)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 14
MOVED/SECOND: Council Member Reynolds/Council Member Chavez
(03:45:17)
SUBSTITUTE MOTION: Adopt Resolution No. 19-14 amending the Small Cell
Telecommunication Facility Design Guidelines to comply with FCC Small Cell
Regulatory Order 18-133 with the following amendments to the location of the
proposed facilities:
A facility within 75 feet of residential units (when located on a local street) and
50 feet (when located on an arterial) shall be reviewed by the Planning
Commission.
Council Member Reynolds spoke on the substitute motion. (03:45:37)
Discussion ensued on the basis for denying applications. (03:46:16)
City Attorney Barlow spoke on residential zones vs. residences. (03:49:50)
Council Member Stephens spoke in support of the original motion. (03:54:52)
Discussion ensued on overlays; residential zones; and base zoning.
(03:59:50)
Council Member Chavez requested Council Member Reynolds (the maker of the
substitute motion) to amend the motion and limit the area to those in the overlay
zones. Council Member Reynolds did not concur. (04:00:13)
Council Member Chavez withdrew his second to Council Member Reynolds'
substitute motion. (04:03:00)
The substitute motion died due to lack of a second. (04:03:07)
Council Member Reynolds requested Council Member Marr (the maker of the
original motion) to include a statement for a facility within 50 feet of any
residential unit. Council Member Marr did not concur. (04:03:29)
Council Member Chavez requested Council Member Marr to include overlay
zones that have housing. Council Member Marr did not concur. (04:08:15)
Discussion ensued on processing applications; and encroachment permits.
(04:10:15)
Mayor Foley spoke in support of the original motion. (04:11:50)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 15
MOVED/SECOND: Council Member Marr/Council Member Genis
ORIGINAL MOTION: Adopt Resolution No. 19-14 amending the Small Cell
Telecommunication Facility Design Guidelines to comply with FCC Small Cell
Regulatory Order 18-133 with the following amendments to the location of the
proposed facilities:
A facility within 75 feet of a residence in a residential zone (when located on a
local street) and 50 feet of a residence in a residential zone (when located on an
arterial) shall be reviewed by the Planning Commission.
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Mansoor, Council Member Marr,
Mayor Pro Tem Stephens, and Mayor Foley.
Nays: Council Member Chavez and Council Member Reynolds.
Absent: None
Motion carried: 5-2
ACTION:
City Council adopted Resolution No. 19-14, amending the Small Cell
Telecommunication Facility Design Guidelines to comply with FCC Small Cell
Regulatory Order 18-133 with the following amendments to the location of the
proposed facilities:
A facility within 75 feet of a residence in a residential zone (when located on a
local street) and 50 feet of a residence in a residential zone (when located on an
arterial) shall be reviewed by the Planning Commission.
City Council recessed into a break at 10:27 p.m.
City Council reconvened at 10:35 p.m.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO. 19 -XX AND
INTRODUCTION OF REGULAR ORDINANCE NO. 19 -XX OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 10-194
(SLEEPING IN MOTOR VEHICLES PROHIBITED) OF CHAPTER X (STOPPING,
STANDING AND PARKING GENERALLY) OF TITLE 10 (MOTOR VEHICLES
AND TRAFFIC), RELATING TO PROHIBITIONS AGAINST SLEEPING IN
VEHICLES
INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO. 19 -XX AND
INTRODUCTION OF REGULAR ORDINANCE NO. 19 -XX OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTIONS 11-302
(DEFINITIONS) AND 11-304 (CAMPING IN PUBLIC AREAS PROHIBITED) OF
CHAPTER XIV (CAMPING AND STORAGE OF PERSONAL PROPERTY IN
PUBLIC AREAS) OF TITLE 11 (OFFENSES- MISCELLANEOUS), RELATING
TO PROHIBITIONS AGAINST CAMPING IN PUBLIC AREAS (04:12:46)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 16
Paul Beckman, Police Lieutenant, and Robert Sharpnack, Chief of Police,
presented the staff report. (04:14:35)
Ms. Barlow spoke on additional language regarding Camp paraphernalia, Section
11-302(e). (04:23:15)
Discussion ensued on camping and sleeping in cars; hours prohibited; and
constitutionality of the ordinances. (04:27:51)
Public Hearing opened:
Mark Hughes, spoke on limiting hours to dusk or 9 p.m. — 7 a.m.; street parking
problems at the parks; and requested the list of codes to be enforced. (04:56:15)
Michelle Figueredo-Wilson, Costa Mesa, requested strong enforcement; spoke on
concerns with service resistant individuals; and coordinating with park hours.
(04:59:14)
Beth Refakes, Costa Mesa, inquired on what is allowable pursuant to the sleeping
ordinances. (05:04:18)
Public Hearing closed.
Ms. Barlow addressed the issues raised by the public speakers. (05:06:45)
MOVED/SECOND: Council Member Marr/Mayor Pro Tem Stephens
MOTION: Approve recommended actions 1-5. (05:08:18)
Mayor Pro Tem Stephens spoke in support of the motion. (05:09:34)
Council Member Genis requested Council Member Marr (the maker of the
motion) to change the hours of when it is prohibited to sleep in motor vehicles to
9 p.m. — 7 a.m. Both Council Member Marr and Mayor Pro Tem Stephens (the
second) concurred. (05:11:23)
Council Member Genis spoke in support of the motion. (05:12:35)
Council Member Reynolds spoke in support of the motion. (05:14:25)
Mayor Foley requested Council Member Marr to revise the motion to include the
additional language provided by the City Attorney on Camp paraphernalia,
Section 11-302(e). Both Council Member Marr and Mayor Pro Tem Stephens
concurred. (05:15:53)
Discussion ensued on hours. (05:16:30)
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 17
MOVED/SECOND: Council Member Marr/Mayor Pro Tem Stephens
MOTION: Approve recommended actions 1-5 with the following changes to the
Ordinances:
Urgency Ordinance No. 19-09 and Ordinance No. 19-10
Prohibit sleeping in motor vehicles parked anywhere in the City, except for private
residential property, between the hours of 9 p.m. and 7 a.m.
Urgency Ordinance No. 19-11 and Ordinance No. 19-12 (Additional
language underlined)
Section 11-302 (e) Camp paraphernalia includes, but is not limited to, tarpaulins,
umbrellas, cots, beds, bedding, sleeping bags, hammocks, non -city designated
cooking facilities, kitchen utensils, camping stoves, portable barbeques and
similar equipment, extra clothing, personal hygiene items, and/or shopping carts,
strollers, wheeled suitcases or similar mobile containers used to transport and/or
store other items of camp paraphernalia.
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 recommended actions 1-5 with the following changes to
the Ordinances:
Urgency Ordinance No. 19-09 and Ordinance No. 19-10
Prohibit sleeping in motor vehicles parked anywhere in the City, except for private
residential property, between the hours of 9 p.m. and 7 a.m.
Urgency Ordinance No. 19-11 and Ordinance No. 19-12 (Additional
language underlined)
Section 11-302 (e) Camp paraphernalia includes, but is not limited to, tarpaulins,
umbrellas, cots, beds, bedding, sleeping bags, hammocks, non -city designated
cooking facilities, kitchen utensils, camping stoves, portable barbeques and
similar equipment, extra clothing, personal hygiene items, and/or shopping carts,
strollers, wheeled suitcases or similar mobile containers used to transport and/or
store other items of camp paraphernalia.
MINUTES -REGULAR MEETING -APRIL 2,2019- PAGE 18
1. City Council found that adoption of each of these ordinances is not a
"project" under the California Environmental Quality Act (CEQA) pursuant to
Public Resources Code Section 21065, and that each is exempt from the
provisions of CEQA pursuant to CEQA Guidelines (14 Cal. Code. Regs. §
15000, et seq.) Sections 15061(b)(3) (because it can be seen with certainty
that the adoption of this Ordinance will not have an effect on the environment)
and 15321 (enforcement actions by regulatory agencies), such that no
environmental review under CEQA is required; and
2. Introduced and adopted as Urgency Ordinance No. 19-09 with the
aforementioned changes, Amending Section 10-194 (Sleeping in Motor
Vehicles Prohibited) of Chapter X (Stopping, Standing and Parking Generally)
Of Title 10 (Motor Vehicles and Traffic), Relating to Prohibitions Against
Sleeping in Vehicles; and
3. Introduced for first reading, by title only, Ordinance No. 19-10 with the
aforementioned changes, Amending Section 10-194 (Sleeping in Motor
Vehicles Prohibited) of Chapter X (Stopping, Standing and Parking Generally)
of Title 10 (Motor Vehicles and Traffic), Relating to Prohibitions Against
Sleeping in Vehicles; and
4. Introduced and adopted Urgency Ordinance No. 19-11 with the
aforementioned changes, Amending Sections 11-302 (Definitions) and 11-304
(Camping in public areas prohibited -Penalties) of Chapter XIV (Camping and
Storage of Personal Property in Public Areas) of Title 11 (Offenses -
Miscellaneous), Relating to Prohibitions Against Camping in Public Areas;
5. Introduced for first reading, by title only, Ordinance No. 19-12 with the
aforementioned changes, Amending Section 11-302 (Definitions) and 11-304
(Camping in public areas prohibited -Penalties) of Chapter XIV (Camping and
Storage of Personal Property in Public Areas) of Title 11 (Offenses -
Miscellaneous), Relating to Prohibitions Against Camping in Public Areas.
OLD BUSINESS: NONE
NEW BUSINESS:
2. ADOPT POSITION STATEMENTS, REQUESTS, AND CONCERNS ON
VARIOUS BILLS PENDING BEFORE THE STATE LEGISLATURE (05:21:45)
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Continue the item to the April 16, 2019 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Mansoor, Council Member Marr,
Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley.
Nays: Council Member Chavez
Absent: None
Motion carried: 6-1
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 19
ACTION:
City Council continued the item to the April 16, 2019 City Council meeting.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:22:30)
Council Member Marr requested to agendize consideration of support House Resolution
530 repealing the FCC Small Cell guidelines.
ADJOURNMENT - The Mayor adjourned the meeting at 11:45 p.m.
Minutes adopted on this 4th day of June, 2019.
ATTEST:
11 Wa wei
=-
MINUTES - REGULAR MEETING - APRIL 2, 2019 - PAGE 20