HomeMy WebLinkAbout04-16-19 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
APRIL 16, 2019
CALL TO ORDER (00:00:11)
The meeting was called to order by Mayor Foley at 6:02 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 (00:01:07)
Vanguard University Chamber Choir
MOMENT OF SOLEMN EXPRESSION (00:03:20)
Dr. Mike Decker, Palm Harvest Church
ROLL CALL (00:06:40)
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 Justin Martin, Assistant City Attorney Tarquin
Preziosi, 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 — NO CLOSED SESSION HELD
PRESENTATIONS: NONE
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: NONE
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:07:28)
Council Member Marr spoke on shelter updates; reported on her attendance at the
following: Urban Coyote Awareness meeting at City Hall; opening ceremony for the
Vietnam Memorial Moving Wall that Heals; and networking luncheon for small
businesses. (00:07:33)
Council Member Mansoor — No comments.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 1
Council Member Genis reported on her attendance at the opening ceremony for the
Vietnam Memorial Moving Wall that Heals and the Orange County Council of
Governments Assembly. (00:11:45)
Council Member Reynolds spoke on the State of the City luncheon; City Council
priorities; touring the Melinda Hoag Smith Center for Healthy Living; planting trees in
Wilson Park on Earth Day, April 22nd from 8-12 p.m.; Urban Coyote Awareness meeting
on April 231d; Coffee with Assemblywoman Cottie Petrie -Norris on April 271h; Committee
and Commission recruitments; purchasing from local vendors; and vehicle thefts.
(00:13:40)
Council Member Chavez spoke on the Committee and Commission recruitment; the
NMUSD Task Force meeting on April 17th regarding diversity; Urban Coyote Awareness
meeting on April 23rd; and reported on his attendance at the opening ceremony for the
Vietnam Memorial Moving Wall that Heals. (00:17:52)
Mayor Pro Tem Stephens spoke on the library tour; new library opening on May 24th;
reported on his attendance at the Vietnam Memorial Moving Wall that Heals event;
spoke on shelter updates; City Manager recruitment; Battle for the Bottles; and the
Urban Coyote Awareness meeting on April 23rd .(00:20:07)
Mayor Foley reported on her attendance at an Olive Tree Initiative dinner and the
opening ceremony for the Vietnam Memorial Moving Wall that Heals; thanked the
Freedom Committee, Red Robin and Newport Rib Company; invited the public to the
Board of Supervisors hearing regarding the airport expansion on April 23rd and to
support the Council's resolution to support Alternative 3; spoke on the library tour; new
library opening on May 24th; Earth Day on April 22nd; City Manager recruitment process;
and thanked staff on homeless efforts. (00:23:37)
REPORT — CITY MANAGER (00:28:53)
Justin Martin, Acting City Manager, spoke on the Urban Coyote Awareness month; the
grand opening of the new Donald Dungan library at Lions Park on May 24, 2019; and
the temporary Bridge Shelter.
REPORT — CITY ATTORNEY (00:31:14)
Tarquin Preziosi, Assistant City Attorney, reported out that the Supreme Court denied
Americare's Anti-trust claim against the City.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 2
CONSENT CALENDAR (00:31:57)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11
except for 3, 4, 5, 6, 7 and 11.
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: Arturo Garcia, Troy Johnson, Roelmer
Sandoval, Silver Star Sound and Communications, and Debra Tozer.
ACTION:
City Council received and filed.
8. ACCEPTANCE AND APPROVAL OF MONETARY DONATIONS AND
ACCOMPANYING BUDGET ADJUSTMENTS FOR THE BRIDGE SHELTER
ACTION:
1. City Council accepted the monetary donations from private donors and the Costa
Mesa Sanitary District for the City's Bridge Shelter; and
2. Authorized a budget adjustment recognizing $76,484.45 in donations and
appropriating the funds to the City's Bridge Shelter budget.
9. BRISTOL STREET PROJECTS, FEDERAL PROJECT NOS. HSIPL-5312 (093)
AND STPL-5132 (100) - CITY PROJECT NO. 16-20, PROJECTS A AND B
ACTION:
1. City Council accepted the work performed by Sully -Miller Contracting
Corporation for the subject projects, and authorized the City Clerk to file the
Notice of Completion; and
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 3
2. Authorized the Acting City Manager to release the Labor and Materials Bond
seven (7) months after the filing date; release the Faithful Performance Bond
if appropriate, at the conclusion of the six months warranty period; and release
the retention monies immediately after the Notice of Completion filing date.
10. BRISTOL STREET PROJECTS, CITY PROJECT NO. 16-20, PROJECTS C, D
AND E
ACTION:
1. City Council accepted the work performed by Sully -Miller Contracting
Corporation for the subject projects, and authorized the City Clerk to file the
Notice of Completion; and
2. Authorized the Acting City Manager to release the Labor and Materials Bond
seven (7) months after the filing date; release the Faithful Performance Bond
if appropriate, at the conclusion of the six-month warranty period; and release
the retention monies immediately after the Notice of Completion filing date.
ITEMS PULLED FROM THE CONSENT CALENDAR (00:32:54)
3. WARRANT RESOLUTION NO. 2617 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL 19-07 FOR $3,215,333.93 AND CITY
OPERATING EXPENSES FOR $2,804,712.34; AND SPECIFYING THE FUNDS
OUT OF WHICH THE SAME ARE TO BE PAID (00:32:59)
Public Comments:
Speaker, spoke on the lawsuit filed by the City against manufacturers of opioids.
(00:33:03)
Speaker, spoke on Sovereign Health. (00:34:27)
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: Approve Warrant Resolution No. 2617.
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. 2617.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 4
4. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS FOR
ANIMAL SHELTER AND ANIMAL ADOPTION SERVICES WITH NEWPORT
CENTER ANIMAL HOSPITAL AND PRICELESS PET RESCUE (00:35:49)
Mr. Martin presented the staff report. (00:36:03)
Council Member Genis spoke on the improved services; new law regarding pet
shops; incoming animals receiving full health clearance, phone service at the
shelter; and locating lost animals. (00:37:42)
Public Comments:
Lisa Price, representing Priceless Pet Rescue, spoke on addressing the issues and
on the number of adoptions. (00:37:42)
Speaker, spoke on new grass for the dog park. (00:43:23)
MOVED/SECOND: Council Member Reynolds/Council Member Genis
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 the amendments to the existing Professional
Services Agreements (PSA) with Newport Center Animal Hospital (NCAH) and
Priceless Pet Rescue (PPR), for animal shelter and adoption services in the
amounts of $276,000 and $31,200, respectively, per year; and
2. Authorized the Acting City Manager and City Clerk to execute the amendments
and future amendments to the agreements with NCAH and PPR within Council
authorized limits and allow up to an additional 10% contingency amounting to
$27,600 and $3,120, respectively, per year, as needed for unforeseen costs.
5. NEWPORT BOULEVARD WIDENING PROJECT (00:44:44)
Jennifer Rosales, Transportation Services Manager, presented the staff report.
(00:45:18)
Discussion ensued on the Transportation System Management (TSM) alternative;
and funding on construction costs through Measure M grants. (00:50:15)
Council Member Marr spoke on community input; an additional community
meeting; and walk and bike -ability. (00:54:34)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 5
Discussion ensued on the cost and location for a right-of-way acquisition;
collaborating with Caltrans; street parking; budget for the project; and Traffic
Impact Fees. (00:56:51)
Mr. Sethuraman clarified the acquisition of property and will not be taking any
business; purpose of the study; and the use of Traffic Impact Fees for active
transportation. (01:04:11)
Mayor Foley spoke on adding walk and bike -ability to the scope; and requested for
the Orange County Transportation Authority (OCTA) to do a presentation on the
55 terminus. (01:10:00)
Discussion ensued on parking; encroachment into sidewalk; landscape areas;
reducing medians; and on the cut and cover technique. (01:13:04)
Public Comments:
Speaker, spoke against the project. (01:18:33)
Cynthia McDonald, Costa Mesa, spoke against the project. (01:22:00)
Speaker, spoke against the project. (01:25:02)
Ralph Taboada, Costa Mesa, spoke on the City Council needing more information
before making the decision. (01:26:16)
Beth Refakes, Costa Mesa, spoke on concerns with the project. (01:28:18)
Speaker, spoke on concerns with the project. (01:31:18)
Robin Leffler, Costa Mesa, spoke against the project. (01:34:04)
Public Comments closed.
Mayor Foley clarified the item is for a Professional Services Agreement for the
design of the project. (01:36:14)
MOVED/SECOND: Council Member Marr/Council Member Genis
MOTION: Approve recommended actions with the following modifications:
Direct staff to hold an additional public workshop at the beginning of the
project; and include in the Professional Services Agreement that the Consultant
shall incorporate active transportation plan improvements as part of the scope of
work for the Newport Boulevard project. (01:39:00)
Council Member Marr spoke on the motion; and requested staff to bring back
an RFP for design for improved parking and accommodations for businesses in the
area. (01:40:14)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 6
Council Member Genis spoke to supporting the motion. (01:43:50)
Discussion ensued regarding data on cut through traffic; timeline of the project; and
the need for approval by June 30th or will lose the grant. (01:45:20)
Council Member Reynolds requested Council Member Marr (the maker of the
motion) to also add that the design incorporates complete street elements and
enhances safe routes to parks design concepts. Both the maker of the motion and
the second (Council Member Genis) concurred. (01:55:00)
Council Member Reynolds requested Council Member Marr to add that in addition
to the scope of work outlined that the staff will include a business and a resident
meeting. Both Council Member Marr and Council Member Genis concurred.
(01:55:53)
Council Member Reynolds requested Council Member Marr to add that the
Economic Development Department will have input in the process to ensure the
design will enhance the revitalization of the downtown district. Both Council
Member Marr and Council Member Genis concurred. (01:57:18)
Council Member Chavez spoke to supporting the motion. (01:58:27)
Discussion ensued on the levels of traffic. (01:59:27)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
SUBSTITUTE MOTION: Continue the item to the first City Council meeting in
June and meet with the business owners. (02:00:34)
Mayor Pro Tem Stephens spoke on the substitute motion. (02:01:05)
Mayor Foley requested the maker of the motion to add to the scope of work an
alternative that would contemplate increasing the capacity without widening.
(02:02:34)
Mr. Sethuraman spoke on an alternative with no right-of-way impact. (02:05:55)
Council Member Genis suggested the following changes in the contract: change
the wording from widening concept to improvement concept and add "including
one improvement concept requiring no additional right-of-way". Both Council
Member Marr and Council Member Genis concurred. (02:06:50)
MINUTES —Costa Mesa City Council Regular Meeting -APRIL 16,2019— PAGE 7
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
VOTE ON SUBSTITUTE MOTION: Continue the item to the first City Council
meeting in June and meet with the business owners.
The motion failed by the following roll call vote:
Ayes: Mayor Pro Tem Stephens and Council Member Chavez.
Nays: Council Member Genis, Council Member Mansoor, Council Member Marr,
Council Member Reynolds, and Mayor Foley.
Absent: None
Motion failed: 2-5
MOVED/SECOND: Council Member Marr/Council Member Genis
ORIGINAL MOTION: Approve recommended actions with the following
modifications:
Direct staff to hold an additional public workshop at the beginning of the project and
a business and a resident meeting; include in the Professional Services Agreement
that the Consultant shall incorporate active transportation plan improvements as
part of the scope of work for the project and the design incorporates complete
street elements and enhances safe routes to parks design concepts; the Economic
Development Department to have input in the process to ensure that the design will
enhance the revitalization of the downtown district; change the wording "widening
concept" on the contract to "improvement concept"; and add the inclusion of one
improvement concept requiring no additional right-of-way.
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, and Mayor Foley.
Nays: Mayor Pro Tem Stephens.
Absent: None
Motion carried: 6-1
ACTION:
1. City Council approved the Professional Services Agreement (PSA) with Onward
Engineering for the design of the Newport Boulevard Widening Project in the
amount of $457,811; and
2. Authorized the Acting City Manager and the City Clerk to execute the PSA and
future amendments to the agreement; and
3. Authorized an additional ten percent (10%) contingency totaling $45,781 as
needed for unforeseen costs; and
4. Approved the Cooperative Agreement between the City of Costa Mesa and the
State of California Department of Transportation ("Caltrans") for the Newport
Boulevard Widening Project; and
5. Authorized the Acting City Manager and the City Clerk to execute the
Cooperative Agreement and any future amendments to the agreement; and
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 8
ADDED 6. Directed staff to hold an additional public workshop at the beginning of the project
and a business and a resident meeting; and
ADDED 7. Directed staff to include in the Professional Services Agreement that the
Consultant shall incorporate active transportation plan improvements as part of
the scope of work for the project and the design incorporates complete street
elements and enhances safe routes to parks design concepts; and
ADDED 8. Directed the Economic Development Department to have input in the process to
ensure that the design will enhance the revitalization of the downtown district;
and
ADDED 9. Directed staff to change the wording "widening concept" on the contract to
"improvement concept" and also add the inclusion of one improvement concept
requiring no additional right-of-way.
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 19-10 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
SECOND READING AND ADOPTION ORDINANCE NO. 19-12 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 (02:08:00)
No public comments on this item.
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 adopted Ordinance No. 19-10, by title only, 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
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 9
2. Adopted Ordinance No. 19-12, by title only, 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.
7. 2020 US CENSUS SUPPORT (02:09:11)
Dan Inloes, Economic Development Administrator, presented the staff report.
(02:09:25)
Council Member Chavez spoke on the item. (02:10:59)
Discussion ensued on the timeline; available census jobs; and the launch date.
(02:12:30)
No public comments on this item.
MOVED/SECOND: Council Member Reynolds/Council Member Genis (02:17:25)
MOTION: Approve Resolution No. 19-15 in support of the 2020 US Census.
Council Member Chavez requested Council Member Reynolds (the maker of the
motion) to pursue a launch date for the census before school is out. Both Council
Member Reynolds and Council Member Genis (the second) concurred. (02:17:43)
Council Member Genis spoke on the item. (02:18:50)
Mayor Foley spoke on the item. (02:20:31)
MOVED/SECOND: Council Member Reynolds/Council Member Genis
MOTION: Approve Resolution No. 19-15 in support of the 2020 US Census and
direct staff to pursue a launch date for the census before school is out.
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 Resolution No. 19-15 in support of the 2020 US
Census and directed staff to pursue a launch date for the census before school is
out.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 10
11. ACCEPTANCE OF A $150,000 GRANT FROM STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION FOR VERNAL POOL
WATERSHED RESTORATION (02:21:30)
No public comments on this item.
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
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 a $150,000 grant from the State of California Department
of Parks and Recreation for restoration of the watersheds associated with
vernal pools 4, 5, 6 and 7 in Fairview Park; and
2. Approved a budget adjustment recognizing $150,000 in State grant funding and
appropriating a total of $300,000 to the Fairview Park Vernal Pool and
Watershed Restoration Project; $150,000 in State grant funding and $150,000
in required matching funds collectively transferred from the following Fairview
Park projects:
Capital Improvement Program - Fund 401:
$31,158.19 from the Delineation Fencing (ORA58)
$55,000 from the Parking Lot Rehab
$60,000 from the Delineation Fencing (Vernal Pools)
Park Development Fees - Fund 208:
$3,841.91 from the Emergency Bluff Repair; and
3. Approved filing a 20 -year deed restriction on the restored parcels.
City Council recessed into a break at 8:25 p.m.
City Council reconvened from a break at 8:37 p.m.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 11
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): NONE
OLD BUSINESS: NONE
NEW BUSINESS (02:22:17)
1. JOINT POWERS AGREEMENT FOR PARTICIPATION IN THE ORANGE
COUNTY HOUSING FINANCE TRUST (02:22:23)
Mr. Curtis presented the staff report; and Allan Roeder and Dave Kiff representing
the Association of Califonia Cities -Orange County (ACC -OC), were present to
answer questions. (02:22:35)
Council Member Genis spoke on the board structure. (02:29:58)
Discussion ensued on securing funds; the makeup of the board; bylaws;
significance of membership on the board; and conflict rules. (02:31:26)
No public comments on this item.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Chavez
MOTION: Approve recommended actions and aggressively mention, but not insist
upon it as a condition to joining, that the City would like to change the by-laws.
(02:40:45)
MOVED/SECOND: Mayor Foley/Council Member Marr
SUBSTITUTE MOTION: Approve recommended actions with one change to the
Resolution: The City of Costa Mesa's contribution towards staffing for the Trust
must be less than or equal to $10,000 (adjusted by CPI). (02:41:31)
Council Member Genis spoke on the working group. (02:41:52)
Council Member Reynolds spoke on pursuing funds and addressing housing.
(02:42:42)
Council Member Chavez spoke in support of the City joining the Trust. (02:44:35)
Mayor Pro Tem Stephens spoke to supporting the substitution motion; and
clarified that if the Trust does not agree to change the bylaws then it will come
back to Council. (02:45:29)
Discussion ensued on the board; and the makeup of the City Selection
Committee. (02:47:40)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 12
MOVED/SECOND: Mayor Foley/Council Member Marr
VOTE ON SUBSTITUTE MOTION: Approve recommended actions with one
change to the Resolution: The City of Costa Mesa's contribution towards staffing
for the Trust must be less than or equal to $10,000 (adjusted by CPI).
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 found that this action is exempt from the provisions of the
California Environmental Quality Act (CEQA) under CEQA Guidelines Section
15061 (b)(3) (General Rule exemption); and
2. Adopted Resolution No. 19-18 relating to the City of Costa Mesa participating in
the Orange County Housing Finance Trust via the City's execution of the Joint
Powers Agreement which implements the Trust's shared powers and activities
with one change: The City of Costa Mesa's contribution towards staffing for the
Trust must be less than or equal to $10,000 (adjusted by CPI).
2. CITY POSITIONS ON STATE LEGISLATION (02:49:40)
Alberto Ruiz, Management Aide, presented the staff report. (02:50:04)
Council Member Mansoor expressed caution on taking action on some of the bills,
to put on watch list and wait to see bill in final form. (02:59:11)
Council Member Genis brought up support for Senator Moorlach's bill SB 689; and
spoke on legislation that calls for local control. (03:00:04)
Discussion ensued on the benefits of taking positions on bills; legal review on bills;
and clarification on AB 920, AB 344 and AB 1530. (03:02:36)
Mayor Pro Tem Stephens requested to bring back and to take a position on AB
1273 relating to the toll roads. (03:09:12)
Discussion ensued on AB 1530. (03:09:40)
Mayor Foley spoke on AB 1530, AB 940 and AB 1779. (03:13:53)
Discussion ensued on AB 940 and AB 920. (03:15:19)
Council Member Mansoor spoke on the recommended City positions and League of
Cities positions. (03:17:34)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 13
Council Member Genis spoke on SB 689 and had requested this to come before
Council for action. (03:20:15)
Public Comments:
Robin Leffler, Costa Mesa, spoke on transparency and clarification of topics; and
spoke in support of SB 689 resolution. (03:25:38)
Beth Refakes, Costa Mesa, spoke on the bills. (03:29:22)
David McNeil, Athletic Trainer at Costa Mesa High School, spoke in support of AB
1592 pertaining to the licensure of Athletic Trainers. (03:31:27)
Public Comments Closed.
Mayor Foley spoke on the report and addressing each of the bills. (03:34:03)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
MOTION #1: Adopt a watch position on AB 1530 related to unauthorized
cannabis activity. (03:36:52)
Council Member Mansoor spoke on the League of California Cities; and adhering
to Council policy. (03:37:17)
Mayor Pro Tem Stephens spoke on the motion. (03:38:17)
Mayor Foley spoke on the motion. (03:42:08)
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Reynolds
VOTE ON MOTION #1: Adopt a watch position on AB 1530 related to
unauthorized cannabis activity.
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 adopted a watch position on AB 1530 related to unauthorized
cannabis activity.
MOVED/SECOND: Council Member Reynolds/Council Member Marr
MOTION #2: Adopt the recommended City Council position on the following
Bills pertaining to Sober Living: support AB 919, support AB 920, support AB 940
if amended and support AB 1779 if amended. (03:45:12)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 14
Council Member Mansoor requested Council Member Reynolds (the maker of the
motion) to include in the motion a direction to staff to notify the Council of any
major changes to the bills. Both Council Member Reynolds and Council Member
Marr (the second) concurred. (03:47:02)
Council Member Reynolds spoke on the motion. (03:47:23)
Council Member Marr spoke to supporting the motion. (03:48:53)
Discussion ensued on the supporters and opponents of the bills. (03:48:53)
Council Member Genis clarified her vote on AB 1530. (03:50:09)
Mayor Foley spoke to supporting the motion. (03:51:05)
MOVED/SECOND: Council Member Reynolds/Council Member Marr
VOTE ON MOTION #2: Adopt the recommended City Council position on the
following Bills pertaining to Sober Living: support AB 919, support AB 920,
support AB 940 if amended and support AB 1779 if amended and direct staff to
notify the Council of any major changes to the bills.
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 adopted the recommended City Council position on the following
Bills pertaining to Sober Living: support AB 919, support AB 920, support AB 940
if amended and support AB 1779 if amended and directed staff to notify the
Council of any major changes to the bills.
Chief Stefano spoke on SCR -21 (Captain Kreza Memorial Highway). (03:54:57)
MOVED/SECOND: Council Member Reynolds/Council Member Genis
MOTION #3: Adopt the recommended City Council position on the following
Land -Use and Development Bills: support AB 1199 and AB 65; and the following
Public Safety Bills: support AB 1327 and SB 689; and adopt Resolution No. 19-
17, supporting SB 689. (03:56:02)
Council Member Reynolds spoke on the motion. (03:56:58)
Council Member Genis spoke to supporting the motion. (03:57:12)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 15
MOVED/SECOND: Council Member Reynolds/Council Member Genis
VOTE ON MOTION #3: Adopt the recommended City Council position on the
following Land -Use and Development Bills: support AB 1199 and AB 65; and the
following Public Safety Bills: support AB 1327 and SB 689; and adopt Resolution
No. 19-17, supporting SB 689.
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: None
Absent: Council Member Mansoor.
Motion carried: 6-0-1
ACTION:
City Council adopted the recommended City Council position on the following
Land -Use and Development Bills: support AB 1199 and AB 65; and the following
Public Safety Bills: support AB 1327 and SB 689; and adopted Resolution No. 19-
17, supporting SB 689.
MOVED/SECOND: Council Member Reynolds/Council Member Genis
MOTION #4: Adopt a watch position on AB 1592, AB 11 and AB 344. (04:00:04)
Council Member Reynolds spoke on the motion. (04:00:26)
Discussion ensued on the opponents and supporters of AB 1592. (04:01:19)
Council Member Marr stated she is inclined to supporting AB 1592. (04:02:21)
MOVED/SECOND: Mayor Foley/Council Member Chavez
SUBSTITUTE MOTION: To separate AB 1592 from AB 11 and AB 344.
(04:02:30)
Mayor Foley spoke on the substitute motion. (04:02:40)
Discussion ensued on certification. (04:03:40)
Mayor Foley clarified the substitute motion to include support for AB 1592
regarding a California Board of Athletic Training. (04:08:35)
Mayor Pro Tem Stephens spoke to supporting the substitute motion. (04:09:10)
Mayor Foley spoke on writing a letter that will include a statement addressing
the nurses' position pertaining to AB 1592. (04:09:45)
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 16
MOVED/SECOND: Mayor Foley/Council Member Chavez
VOTE ON SUBSTITUTE MOTION: To separate AB 1592 from AB 11 and AB 344;
and adopt a watch position on AB 11 and AB 344 and support for AB 1592.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Mayor Pro Tem Stephens, and Mayor Foley.
Nays: Council Member Reynolds
Absent: None
Motion carried: 6-1
ACTION:
City Council separated AB 1592 from AB 11 and AB 344; and adopted a watch
position on AB 11 and AB 344 and support for AB 1592.
Discussion ensued on taking a position on the Resolution for the Captain Kreza
Memorial Highway; and violation of the Brown Act. (04:10:16)
Council Member Genis spoke on changing the Council policy. (04:12:42)
MOVED/SECOND: Mayor Foley/Council Member Reynolds
MOTION #5: Direct staff to revise Council Policy 0.8 and include ACC OC
positions and bring it back to a future City Council meeting and bring back SCR -
21, a Resolution for the Captain Kreza Memorial Highway. (04:13:30)
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 directed staff to revise Council Policy 0.8 and include ACC OC
positions and bring it back to a future City Council meeting and bring back SCR -
21 a Resolution for the Captain Kreza Memorial Highway.
Council Member Reynolds spoke on the process; and the Council policy.
(04:14:48)
City Council recessed into a break at 10:35 p.m.
City Council reconvened from a break at 10:45 p.m.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 17
3. FUNDING ALLOCATION FOR A COMMUNITY INDEPENDENCE DAY EVENT
TO PROMOTE PUBLIC SAFETY AND RESPONSIBLE FIREWORK USE
(04:18:28)
Mayor Pro Tem Stephens presented the staff report. (04:18:47)
Discussion on reducing use of illegal firewaorks; estimated attendance;
contingency funding; staff time; revenue generation; participation by Council
Members; High School groups participation; and organizing a formal volunteer
committee. (04:23:32)
No public comments on this item.
MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Approve recommended actions. (04:37:28)
Council Member Chavez spoke to supporting the motion. (04:37:51)
MOVED/SECOND: Council Member Marr/Council Member Genis
SUBSTITUTE MOTION: To support the Independence Day celebration event but
not authorize $10,000 contingency funding to cover event expenses. (04:39:25)
Council Member Mansoor spoke on fiscal concerns. (04:39:43)
Discussion ensued on lower noise impacts to animals. (04:39:59)
Council Member Genis spoke on expenditure concerns; and other neighborhood
oriented events. (04:41:25)
Council Member Reynolds spoke on concerns regarding the allocation of monies
and staff resources. (04:43:08)
Mayor Foley spoke to supporting the original motion. (04:45:18)
Mayor Pro Tem Stephens spoke in support of the event. (04:48:55)
MOVED/SECOND: Council Member Marr/Council Member Genis
SUBSTITUTE MOTION: To support the Independence Day celebration event but
not authorize $10,000 contingency funding to cover event expenses.
The motion failed by the following roll call vote:
Ayes: Council Member Genis, Council Member Mansoor and Council Member
Marr.
Nays: Council Member Chavez, Council Member Reynolds, Mayor Pro Tem
Stephens, and Mayor Foley.
Absent: None
Motion failed: 3-4
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 18
MOVED/SECOND: Mayor Stephens/Council Member Chavez
ORIGINAL MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Mayor Pro Tem
Stephens, and Mayor Foley.
Nays: Council Member Genis, Council Member Mansoor and Council Member
Reynolds.
Absent: None
Motion carried: 4-3
ACTION:
1. City Council approved a centrally located City -sponsored Independence Day
celebration on July 3, 2019 in partnership with the Hero's Hall Veterans
Foundation, Travel Costa Mesa, and the Orange County Fair on location at
the Orange County Fair and Event Center; and
2. Authorized $10,000 in Fiscal Year 2018-2019 contingency funding to cover
event expenses; and
3. Authorized the Acting City Manager to accept all monetary donations for this
event and execute related budget adjustments recognizing and appropriating
the donations for use towards this event; and
4. Authorized City staff to assist with the preparation and implementation of the
July 3, 2019 event.
4. APPROVAL OF A RESOLUTION PROHIBITING THE PURCHASE AND USE
OF EXPANDED POLYSTYRENE PRODUCTS (STYROFOAM) AT CITY
FACILITIES AND CITY -SPONSORED EVENTS (04:54:57)
Alma Reyes, Senior Management Analyst, presented the staff report. (04:55:16)
Discussion ensued on the effective date of the new policy; limiting use at private
parties; the exemption of the SeniorSery program; the Golf Course; and the
costs to the SeniorSery program. (04:56:37)
Mayor Foley spoke on working with vendors. (05:02:40)
No public comments on this item.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 19
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Stephens
MOTION: Adopt Resolution No. 19-16, which prohibits the purchase and use of
expanded polystyrene food service products at City facilities and City -
sponsored events; and direct staff to work with the SeniorSery Program to
develop a plan in the future to eliminate the use of polystyrene. (05:03:58)
Council Member Marr requested Council Member Reynolds (the maker of the
motion) to revise the resolution and have the provisions apply to the SeniorSery
Program within the next year. (05:05:40)
Mr. Martin spoke on the impacts to the SeniorSery Program. (05:05:55)
Council Member Reynolds did not accept Council Member Marr's revision.
(05:06:20)
Council Member Genis spoke in support of the motion. (05:06:47)
Council Member Chavez spoke in support of the motion. (05:07:00)
Mayor Foley spoke of not excluding the Homeless Shelter and the SeniorSery
Program. (05:07:43)
MOVED/SECOND: Council Member Marr/Mayor Foley
SUBSTITUTE MOTION: Adopt Resolution No. 19-16, which prohibits the
purchase and use of expanded polystyrene food service products at City facilities
and City -sponsored events with one change to the Resolution: The provisions of
the Resolution shall not apply to the City's SeniorSery Program for up to one
year upon adoption.
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: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
ACTION:
City Council adopted Resolution No. 19-16, which prohibits the purchase and use
of expanded polystyrene food service products at City facilities and City -
sponsored events with one change to the Resolution: The provisions of the
Resolution shall not apply to the City's SeniorSery Program for up to one year
upon adoption.
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 20
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:09:44)
Council Member Genis spoke on stainless steel drinking straws. (05:10:06)
Council Member Reynolds requested a soft launch of the Census 2020 count with a
group picture. ( 05:10:32)
ADJOURNMENT — Mayor Foley adjourned the meeting at 11:35 p.m.
Minutes adopted on this 6 t day of August, 2019.
ATTEST:
Brenda Green, ity Clerk
MINUTES — Costa Mesa City Council Regular Meeting - APRIL 16, 2019 — PAGE 21