HomeMy WebLinkAbout04 - CC-4 - Minutes - 2/16/2021UNOFFICIAL UNTIL APPROVED
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
APRIL 21, 2020
CALL TO ORDER
The Closed Session was called to order by Mayor Foley at 4:01 p.m. in the Council
Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California
ROLL CALL
Present by Teleconference: Council Member Chavez, Council Member Genis, Council
Member Mansoor, Council Member Marr, Council Member
Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Absent: None
PUBLIC COMMENTS - NONE
The City Council recessed at 4:04 p.m. for Closed Session to consider the following items:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
APN: 424-211-12; Property: 1885 Anaheim Street, Costa Mesa, CA 92627
Pursuant to Section 54956.8, California Government Code
Agency Negotiator: Lori Ann Farrell Harrison, City Manager
Negotiating Parties: Pastor Phil Eyskens, Church of the Nazarene/Lighthouse
Church; Cities in the Central Orange County Service Planning Area (SPA)
Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
APN: 427-091-12; Property: 3175 Airway Avenue, Costa Mesa, CA 92627
Pursuant to Section 54956.8, California Government Code
Agency Negotiator: Lori Ann Farrell Harrison, City Manager
Negotiating Parties: Cities in the Central Orange County Service Planning Area
(SPA)
Under 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: 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 for the Central District of
California — Southern Division, Case No. 8:18-cv-00155
Minutes - Regular Meeting — April 21, 2020 — Page 1
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4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - TWO
CASES - Pursuant to Subdivision (d)(4) of Section 54956.9, California Government
Code, potential initiation of litigation.
5. THREAT TO SECURITY
Pursuant to subdivision (a) of Section 54957, California Government Code
Consultation with: Costa Mesa Director of Emergency Services, and City Manager,
Lori Ann Farrell Harrison; Bryan Glass, Police Chief; Dan Stefano, Fire Chief; and
Jason Dempsey, Emergency Services Administrator.
6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
APN:139-031-62,139-651-14; Property:1683 Sunflower Avenue, Costa Mesa, CA
92626 Pursuant to Section 54956.8, California Government Code
Agency Negotiator: Lori Ann Farrell Harrison, City Manager
Negotiating Parties: Brent Stoll, Rose Equities
Under Negotiation: Price and Terms of Payment
The City Council reconvened at 6:33 p.m.
CALL TO ORDER (00:00:12) - The meeting was called to order by Mayor Foley at 6:33
p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa,
California.
NATIONAL ANTHEM (00:03:15)— A recording of the National Anthem was played.
PLEDGE OF ALLEGIANCE (00:05:18) — Led by Mayor Pro Tern Stephens
ROLL CALL (00:06:07)
Present by Teleconference: Council Member Chavez, Council Member Genis, Council
Member Mansoor, Council Member Marr, Council Member
Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Absent: None
Officials Present by Teleconference: City Manager Lori Ann Farrell Harrison, Assistant
City Manager Susan Price, City Attorney Kimberly Hall Barlow, Fire Chief Dan Stefano,
Police Chief Bryan Glass, Emergency Services Administrator Jason Dempsey, Economic
and Development Services Director Barry Curtis, and Information Technology Director
Steve Ely.
Officials Present: City Clerk Brenda Green and Economic Development Administrator
Dan Inloes.
Minutes - Regular Meeting — April 21, 2020 — Page 2
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CITY ATTORNEY CLOSED SESSION REPORT (00:06:45) - Ms. Hall Barlow reported
on Closed Session item number 4 and that approval was given to initiate litigation with
the following votes:
MOVED/SECOND: Mayor Foley/Council Member Marr
MOTION: To initiate litigation on the first case.
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 Tern Stephens, and Mayor
Foley.
Nays: None
Absent: None
Motion carried: 7-0
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: To initiate litigation on the second case.
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 Tern Stephens, and Mayor
Foley.
Nays: None
Absent: None
Motion carried: 7-0
PRESENTATIONS:
1. Ms. Farrell Harrison provided COVID-19 updates. (00:08:16)
2. Mr. Inloes, Economic Development Administrator, Diane Pritchett, Executive
Director of South Coast Metro Alliance, Paulette Lombardi -Fries President of
Travel Costa Mesa, and Eileen Benjamin, Costa Mesa Chamber of Commerce
provided a COVID-19 Economic Recovery Plan. Mayor Foley spoke on the reStore
Costa Mesa recovery plan. (00:19:00)
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA:
Ms. Green, City Clerk, played voicemails received for public comment regarding:
Speaker spoke on face coverings and social distancing in sober living homes.
Geoff West regarding the City's work on COVID-19, public safety, and keeping the city
operating.
Speaker thanked staff and City Council for their work during COVID-19.
Speaker wished Mary Spadoni a Happy Birthday.
Minutes - Regular Meeting — April 21, 2020 — Page 3
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Wendy Leece regarding staff work load and residents participating, thanked staff for all
of the communications to the public, and requested information on who is staying at hotels
within the city regarding COVID-19.
Speaker regarding opening the city parks.
Speaker regarding the Triangle Square Planning Commission item.
Ms. Green, City Clerk, read into the record the following emails received for public
comment:
Al Morelli regarding follow up at the Target store Code Enforcement request.
Suzi Anderson regarding opening the city.
Carol Brier Alred regarding opening the golf courses.
David Waller regarding opening the Mesa Verde Country Club Golf Course.
Robert Knapp regarding opening city parks and the country club.
Molly Chapman requesting golf courses to be open.
Marjorie Manning regarding opening up parks, golf courses, and other facilities.
Warren Tayler regarding COVID-19 restrictions being lifted.
Shelly Haywood asking for private clubs to be allowed to open to members only.
Theresa Waller regarding opening the Mesa Verde Country Club Golf Course.
Ellen Stewart regarding opening golf courses, parks, and trails.
Tom Graham regarding opening golf courses.
Terry Stewart regarding opening golf courses.
Regarding opening up the economy.
Cynthia McDonald regarding plans to close down roads for safe exercise.
Speaker regarding Planning Commission items on the agendas.
Brad and Hengameh Abraham regarding rent extensions and small business assistance.
Jose Trinidad Castaneda regarding COVID-19.
Minutes - Regular Meeting — April 21, 2020 — Page 4
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Edgar Beltran, Eli Piazza, Ivy Tomashoff, Anthony Paglia, and Kate Davis regarding
delayed deployment of wireless infrastructure permits.
Tony Hays and Jerry Collamer regarding Transportation Corridors Agencies (TCA).
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Chavez spoke on parking at Paularino school, creating motorcycle
street parking, and thanked residents for following COVID-19 guidelines. (01:46:16)
Council Member Marr spoke on COVID - 19, the need to keep distancing, the reStore
plan, the rental assistance program, and the need to flatten the curve and not lift bans.
(01:50:49)
Council Member Mansoor spoke in support of opening the parks and golf courses.
(01:53:54)
Council Member Genis spoke on April is child abuse prevention month, COVID-19 testing
rates, opening parks and golf courses, requested staff to look into the pallets and trash at
Target, public participation at meetings, careful about opening businesses, faith based
organizations, and meeting via zoom. (01:56:13)
Council Member Reynolds spoke on public participation at meetings, balancing open
parks with health and safety measures, and on safety measures on streets to improve
traffic. (01:59:38)
Mayor Pro Tern Stephens spoke on public comments and working together
collaboratively, spoke on health and safety measures and opening up parks and golf
courses, spoke on reStore Costa Mesa, confusion on the eviction moratorium and
resources, and public law center and legal aide. (02:03:12)
Mayor Foley spoke on 70 new cases tested at Huntington Beach Valley hospital and 2
deaths, spoke on health and safety measures, spoke on obtaining funds from the county
to recover losses, sending communication to Congress and Senate for funding directly to
cities, the need to evaluate the amount of red curbs, thanked the business community
and spoke on responding to public comments. (02:07:48)
REPORT — CITY MANAGER — NONE (02:14:42)
REPORT — CITY ATTORNEY (02:14:54)
Ms. Hall Barlow stated that the Planning Commission agendas are not set by the City
Council or by politics, they are set by requirements under the law for timely
consideration of applications, and spoke on public comments.
Minutes - Regular Meeting — April 21, 2020 — Page 5
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CONSENT CALENDAR: (Items 1-6) (02:14:54)
MOVED/SECOND: Council Member Chavez/Council Member Marr
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6
except for 3.
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: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
ACTION:
City Council and Agency Board approved the reading by title only and waived full
reading of Ordinances and Resolutions.
2. WARRANT RESOLUTION NO.2639 — Finance Department
ACTION:
City Council approved Warrant Resolution No. 2639 of the City Council of the City
of Costa Mesa, California, allowing certain claims and demands, including Payroll
Register Nos. 20-06 "A" for-$3,077.53 and 20-07 for $2,649,425.88; and City
operating expenses for $1,582,754.09.
4. ADOPT ORDINANCE NO. 2020-12 TEMPORARILY SUSPENDING MUNICIPAL
CODE SECTION 13-174 IMPOSING A LIMIT OF THIRTY DAYS MAXIMUM FOR
MOTEL STAYS DURING THE COVID-19 EMERGENCY
ACTION:
City Council adopted Ordinance No. 2020-12 that establishes a temporary
suspension of Costa Mesa Municipal Code section 13-174 as to short-term
occupancy motels which are restricted to allowing stays of no longer than 30
consecutive days, due to the impacts of the novel coronavirus disease (COVID-19).
Minutes - Regular Meeting — April 21, 2020 — Page 6
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5. SLURRY SEAL PROJECT, CITY PROJECT NO. 19-12
ACTION:
1. City Council accepted the work performed by American Asphalt South, Inc.,
14436 Santa Ana Avenue, Fontana, CA 92337 and authorized the City Clerk to
file the Notice of Completion.
2. Released the Labor and Material Bond seven (7) months after the filing date;
release the Faithful Performance Bond if appropriate, at the conclusion of the
one-year warranty period; and release the retention monies 35 days after the
Notice of Completion filing date.
6. PROJECT W - SAFE TRANSIT STOPS PROJECT
ACTION:
City Council approved a twenty-four (24) month time extension request to the Orange
County Transportation Authority (OCTA) for the Project W Safe Transit Stops Project
(19-CMSA-STS-3929).
ITEMS PULLED FROM THE CONSENT CALENDAR:
3. ADOPT ORDINANCE NO.2020-11 IMPOSING A TEMPORARY MORATORIUM
ON THE EVICTION OF RESIDENTIAL OR COMMERCIAL TENANTS UNABLE
TO PAY RENT BECAUSE OF COVID-19 (02:18:38)
Council Member Mansoor pulled the item for a separate vote.
Public Comments: None
MOVED/SECOND: Mayor Foley/Council Member Chavez
MOTION: Adopt Ordinance No. 2020-11.
Council Member Genis spoke on not supporting the item.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member Reynolds,
Mayor Pro Tern Stephens, and Mayor Foley.
Nays: Council Member Genis, Council Member Mansoor,
Absent: None
Abstain: None
Motion carried: 5-2
ACTION:
City Council adopted Ordinance No. 2020-11 to establish a temporary moratorium
on the eviction of residential or commercial tenants who are unable to pay rent due
to the impacts of the novel coronavirus disease (COVID-19).
----------------------- ------------ END OF CONSENT CALENDAR ---------------------------- ------
Minutes - Regular Meeting — April 21, 2020 — Page 7
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PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. RESOLUTION ESTABLISHING FEES IN CONNECTION WITH THE
APPLICATIONS FOR THE MODIFICATION OF MARIJUANA BUSINESS
PERMITS (02:23:30)
Staff presentation by Mr. Curtis, Economic and Development Services Director.
Public Comments: None (02:26:59)
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Marr
MOTION: Adopt Resolution No. 2020-18 establishing fees in connection with
applications for the modification of marijuana business permits.
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
Abstain: None
Motion carried: 7-0
ACTION:
City Council adopted Resolution No. 2020-18 establishing fees in connection with
applications for the modification of marijuana business permits.
OLD BUSINESS: NONE
NEW BUSINESS:
1. APPROVAL OF EXTENSION OF THE LEASE AGREEMENT WITH THE COSTA
MESA LIGHTHOUSE CHURCH OF THE NAZARENE FOR USE OF A PORTION
OF EXISTING PROPERTY TO BE UTILIZED AS THE CITY'S TEMPORARY
BRIDGE SHELTER (02:28:18)
Staff presentation by Ms. Price, Assistant City Manager.
Discussion ensued on current shelter numbers and if there is a need for volunteers
or donations.
Public Comments:
Ms. Green, City Clerk, read into the record a public comment received from Brad and
Hengameh Abraham regarding having more police presence in the area of the
shelter. (02:44:39)
Minutes - Regular Meeting — April 21, 2020 — Page 8
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MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Reynolds
MOTION: Approve the recommended actions.
Mayor Pro Tern Stephens thanked staff for their work on the shelter.
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 Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
1. City Council approved the Amendment to the Commercial Lease Agreement and
Addendum 1 (Lease) between the City of Costa Mesa and the Costa Mesa
Lighthouse Church of the Nazarene (Property Owner) to allow the City to utilize
a portion of the existing property for a temporary bridge shelter for those
experiencing homelessness.
2. Authorized the City Manager and City Clerk to execute the proposed Amendment
to the Commercial Lease Agreement and future authorized changes and
amendments to this Agreement.
3. Authorized a budget adjustment in the amount of $164,300.04 from unassigned
balance in the General Fund to fund the lease payments through December 2020,
with an additional four (4) one -month extensions.
2. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, RATIFYING REGULATION ISSUED BY THE CITY
MANAGER AS DIRECTOR OF EMERGENCY SERVICES ORDERING THAT ALL
RESIDENTS OR VISITORS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE
CITY OF COSTA MESA WEAR A FACE MASK OR COVERING WHILE
ENGAGING IN ESSENTIAL ACTIVITIES (02:47:39)
Staff presentation by Ms. Farrell Harrison, City Manager.
Discussion ensued on wearing a face covering while providing or engaging in
essential activities, clarifying essential activities, Costa Mesa case count, and
informing people on how to make masks.
Public Comments:
Ms. Green, City Clerk, read into the record a comment received from Mr. Hall, he is
not in support of the mandate of wearing face coverings. (03:05:39)
Minutes - Regular Meeting — April 21, 2020 — Page 9
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MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Adopt Resolution No. 2020-17 ratifying a Regulation issued by the
Director of Emergency Services ordering that all residents or visitors within the
geographic boundaries of the City of Costa Mesa wear a face mask or covering while
engaging in essential activities in order to minimize the spread of the COVID-19 virus.
Discussion ensued on the importance of individuals wearing masks, long-term results
of wearing masks, businesses being able to mandate masks to customers, and not
citing residents for not wearing masks, but gaining voluntary compliance.
Mayor Foley spoke to the motion and requested the motion include golf courses and
parks when they reopen.
Council Members Marr and Chavez agreed to the change.
Council Member Marr clarified that by including the change does not mean there is
a desire to open the golf courses any sooner.
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Adopt Resolution No. 2020-17 ratifying a Regulation issued by the
Director of Emergency Services ordering that all residents or visitors within the
geographic boundaries of the City of Costa Mesa wear a face mask or covering while
engaging in essential activities including parks and golf courses in order to minimize
the spread of the COVID-19 virus.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr,
Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: Council Member Mansoor
Absent: None
Abstain: None
Motion carried: 6-1
ACTION:
City Council adopted Resolution No. 2020-17 ratifying a Regulation issued by the
Director of Emergency Services ordering that all residents or visitors within the
geographic boundaries of the City of Costa Mesa wear a face mask or covering while
engaging in essential activities including parks and golf courses in order to minimize
the spread of the COVID-19 virus.
City Council recessed into a break at 10:00 p.m.
City Council reconvened at 10:05 p.m.
Minutes - Regular Meeting — April 21, 2020 — Page 10
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3. URGENCY ORDINANCE TO WAIVE MINOR CONDITIONAL USE PERMITS AND
CONDITIONAL USE PERMITS AND RELATED REQUIREMENTS FOR PARKING
LOTS USED TO SUPPORT FOOD DISTRIBUTION OR FOOD SALES (03:27:07)
Staff presentation by Mr. Curtis, Economic and Development Services Director.
Discussion ensued on the need in the community for drive through distribution, and
on the partners working in collaboration to bring this to fruition.
Mayor Foley spoke on a program related to FEMA funds to buy food from restaurants
& farmers markets.
Public Comments: None (03:32:14)
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Adopt an Urgency Ordinance to allow waiver of the requirement for a
conditional use permit to facilitate drive -through operations applicable to food banks
and farmer's markets, and to allow waiver of minor conditional use permits to allow
curbside and parking lot takeout locations for local restaurants for the period of the
state emergency to enhance food security during the COVID-19 crisis. 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 Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council adopted Urgency Ordinance No. 2020-13 to allow waiver of the
requirement for a conditional use permit to facilitate drive -through operations
applicable to food banks and farmer's markets, and to allow waiver of minor
conditional use permits to allow curbside and parking lot takeout locations for local
restaurants for the period of the state emergency to enhance food security during the
COVID-19 crisis.
Minutes - Regular Meeting — April 21, 2020 — Page 11
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4. REQUEST TO DIRECT STAFF TO PREPARE ORDINANCE OR RESOLUTION
MANDATING SANITATION AND PROTECTIVE MEASURES FOR FOOD
RETAILERS, GROCERY RETAIL, DRUG RETAIL, FOOD DELIVERY
PLATFORMS, AND CANNABIS DELIVERY WORKERS (03:39:01)
Presentation by Mayor Foley.
Discussion ensued on providing framework for when the isolation is lifted,
handwashing, deliveries, providing tools and supplies, bathrooms, hand sanitizing
stations, clarifying non -contact delivery, the County issuing guidelines, enforcement,
and providing information to businesses.
Public Comments: None (04:01:49)
MOVED/SECOND: Mayor Foley/Mayor Pro Tern Stephens
MOTION: Approve the 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 Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council directed staff to bring back a report accordingly.
5. COVID-19 EMERGENCY PURCHASES OVER $50,001 (04:10:36)
Staff presentation by Ms. Molina, Budget and Purchasing Supervisor.
Public Comments: None (04:13:19)
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: Receive and file the report.
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 Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council received and filed this report regarding the emergency purchases of
$50,001.00 or more.
Minutes - Regular Meeting — April 21, 2020 — Page 12
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6. FY 2019/2020 GENERAL FUND ESTIMATED BUDGET IMPACTS DUE TO THE
CORONAVIRUS (COVID-19) CRISIS AND RECOMMENDATIONS (04:14:09)
Staff presentation by Ms. Farrell Harrison, City Manager and Ms. Molina, Budget and
Purchasing Supervisor.
Discussion ensued on the confirmed dollar amounts for the quarter, the fiscal effects
of businesses being closed, the General Fund Balance, reductions due to COVID-
19, additional revenue, additional expenses, homeless shelter costs, reserves,
overtime costs, the CIP budget, reducing compensation, staffing changes,
communication with employees, Finance and Pension Advisory Committee
recommendations, South Coast Plaza sales tax dollars, federal funding, and keeping
the community safe.
Public Comments:
Ms. Green, City Clerk, read into the record the email received for public comment
from Ralph Taboada on options the city has to deal with the potential deficit due to
COVID-19. (05:08:32)
MOVED/SECOND: Council Member Mansoor/Mayor Foley
MOTION: Approve the 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 Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
1. City Council received and filed the information regarding reduced appropriations
in the Fiscal Year 2019/2020 Revised Budget of $4 million as described in the FY
2019/2020 COVID-19 Estimated Fiscal Impacts Report.
2. Reduced the FY 2019/20 Capital Improvement Projects Budget and approved
the temporary deferral or suspension of $6.0 million in General Fund supported
Capital Improvement Projects in Fund 401.
ADJOURNMENT (05:21:03) — Mayor Foley adjourned the meeting at 12:00 a.m. in
memory of Andrew Dixon, son of former Mayor Linda Dixon.
Minutes - Regular Meeting — April 21, 2020 — Page 13
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Minutes adopted on this 16'h day of February, 2021.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
Minutes - Regular Meeting — April 21, 2020 — Page 14
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
TUESDAY, NOVEMBER 17, 2020 - 6:00 P.M.
CALL TO ORDER (00:00:11) — The Mayor called the meeting to order at 6:05 p.m. via
Zoom webinar.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:28)
Led by Council Member Marr
MOMENT OF SOLEMN EXPRESSION (00:02:49)
Pastor Rod Randall, Harbor Trinity Church, Costa Mesa
ROLL CALL (00:04:55)
Present by Zoom: Council Member Chavez, Council Member Genis, Council Member
Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and
Mayor Foley.
Absent: Council Member Mansoor
CITY ATTORNEY CLOSED SESSION REPORT (00:05:22) — Direction was given by
Council and there was no reportable action.
PRESENTATIONS: (00:05:40)
1. Mayor Foley presented a Proclamation for Small Business Saturdays. (00:05:47)
2. Mayor Foley presented a Proclamation for Movember 2020. (00:09:05)
MOVED/SECOND (00:11:43): Mayor Foley/Mayor Pro Tern Stephens
MOTION: To add an item to the agenda addressing the removal of trees at Estancia High
School.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr, Council
Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA (00:12:50)
Kirk Keller, representing Eat Chow, spoke on their parklet project. (00:13:31)
Brian McReynolds, owner of Eat Chow and Amy Frawley spoke on their parklet project
and requested support and approval from council and staff. (00:14:31)
Minutes — Regular Meeting — November 17, 2020 — Page 1
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COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:17:35)
Council Member Marr spoke in support of the Eat Chow parklet. (00:17:41)
Council Member Genis spoke on state operational models regarding fairgrounds and
requested staff to track. (00:18:25)
Council Member Reynolds spoke on assisting businesses with parklets, and opening
parks and public spaces. (00:19:32)
Council Member Chavez spoke on addressing speeding in the city, and homeless
residents on Joann Street alley. (00:22:03)
Mayor Pro Tern Stephens spoke on the death of his friend, Jeremy Golden. (00:23:41)
Mayor Foley spoke on the COVID-19 pandemic and new restrictions, spoke on
attending the fairground meetings, spoke in support of restaurant parklets and
requested it be added to a future agenda.
Chief Stefano provided an update on the Fairview Developmental Center and spoke on
outdoor tents and that heating elements need to be outside the tent for safety.
(00:28:15)
REPORT — CITY MANAGER (00:40:43) — Ms. Farrell Harrison requested that Public
Hearing item one be removed from the agenda to be heard at a later meeting, spoke on
COVID-19 and precautions, testing at the fairgrounds, the town hall on November 18tn
on the Housing Element, and Snoopy House being reformatted.
REPORT — CITY ATTORNEY (00:49:45) — None.
MOVED/SECOND (00:50:06): Mayor Foley/Council Member Chavez
MOTION: To hear Public Hearing item three before item two.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr, Council
Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
Minutes — Regular Meeting — November 17, 2020 — Page 2
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CONSENT CALENDAR: (Items 1-5) (00:51:20)
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 5
except for 3, 5, and the additional item regarding Estancia trees.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr, Council
Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
ACTION:
City Council and Agency Board approved the reading by title only and waived full
reading of Ordinances and Resolutions.
2. READING FOLDER
Claims received by the City Clerk: Edgar L. Sinajon.
ACTION:
City Council received and filed.
4. MINUTES - City Manager's Office/City Clerk's Division
ACTION:
City Council Approved the Minutes of October 20, 2020.
ITEMS PULLED FROM THE CONSENT CALENDAR
REMOVAL OF TREES AT ESTANCIA HIGH SCHOOL (00:54:08)
MOVED/SECOND (00:57:26): Mayor Foley/Council Member Chavez
MOTION: Mayor Foley moved to send a letter to Estancia High School/Newport Mesa
Unified School District in opposition to removal of the trees, to be signed by Mayor Foley
and Council Members Chavez, Marr and Reynolds.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr, Council
Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
Council Member Chavez spoke on community feedback and preserving trees.
Council Member Reynolds spoke on the public engagement process and on preserving
trees.
Minutes — Regular Meeting — November 17, 2020 — Page 3
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5. MERRIMAC WAY BICYCLE FACILITY IMPROVEMENTS — CITY PROJECT NO.
20-01(01:01:30) - Public Services Department/ Engineering Division
Presentation by Mr. Mejia, Interim City Engineer.
Public Comment:
David Martinez, requested a fourth crosswalk at Fairview and Merrimac, and spoke
on a missing bike lane on Fairview Ave. (01:04:52)
MOVED/SECOND (01:06:20): Council Member Marr/Council Member Reynolds
MOTION: Approve recommended actions.
Council Member Marr spoke on having crosswalks on all sides.
Council Member Reynolds spoke on pedestrian improvements being a priority and
spoke on community participation.
MOVED/SECOND: Council Member Marr/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 Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
ACTION:
1. City Council adopted plans, specifications, and working details for the Merrimac
Way Bicycle Facility Improvements — City Project No. 20-01.
2. Awarded a construction contract to GMC Engineering, Inc., 1401 Warner Avenue,
Suite B, Tustin, CA 92780, in the amount of $1,844,000.
3. Authorized an additional $186,000 as needed for construction change orders and
for construction engineering.
4. Authorized the City Manager and the City Clerk to execute the Public Works
Agreement (PWA) with GMC Engineering, Inc., and authorized the City Manager
to execute future contract amendments within Council -authorized limits.
5. Approved Amendment No. 1 to the Professional Services Agreement (PSA) with
GHD Group Services (USA) Inc., increasing GHD's compensation by $29,915, to
provide construction support services for the Merrimac Way Bicycle Facility
Improvements; and authorize the City Manager and City Clerk to execute the
Amendment.
6. Authorized an appropriation of $195,000 in the Traffic Impact Fees Fund from
undesignated fund balances.
Minutes — Regular Meeting — November 17, 2020 — Page 4
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3. WARRANT RESOLUTION NO. 2650 (01:15:46) — Finance Department
MOVED/SECOND (01:15:55): Council Member Chavez/Council Member Genis
MOTION: Approve recommended actions.
Mayor Foley and Mayor Pro Tern Stephens stated they needed to abstain due to
a conflict of interest as they received campaign contributions from Keller Anderle.
MOVED/SECOND: Council Member Chavez/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 Marr,
and Council Member Reynolds.
Nays: None
Absent: Council Member Mansoor
Abstain: Mayor Pro Tern Stephens and Mayor Foley
Motion carried: 4-0-1-2
ACTION:
City Council approved Warrant Resolution No. 2650 of the City Council of the City
of Costa Mesa, California, allowing certain claims and demands, including Payroll
Register Nos. 20-22 "A" for $897.92 and 20-23 for $2,587,518.15; and City
operating expenses for $1,134,073.22.
END OF CONSENT CALENDAR --------------------------- --
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. GIVE FIRST READING TO AN ORDINANCE REPEALING URGENCY
ORDINANCE 19-19 AND APPROVING CODE AMENDMENT CO-2020-04
AMENDING PORTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL
CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW
REQUIREMENTS AND TO AUTHORIZE RELATED FEES
Development Services Department/ Planning Division
ACTION:
This item was pulled from the agenda at the request of staff and was not considered.
Minutes — Regular Meeting — November 17, 2020 — Page 5
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3. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM
(01:17:02) - Public Services Department/Transportation Services Division
Presentation by Mr. Sethuraman, Public Services Director.
Public Comments: None.
MOVED/SECOND (01:22:46): Council Member Reynolds/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 Marr,
Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
ACTION:
City Council adopted Resolution No. 2020-60, continuing the citywide traffic impact
fee for new development in the City of Costa Mesa and conducting the related annual
review of the citywide traffic impact fee program and capital improvement plan for
transportation improvements. The resolution incorporates the recommendations
from the Traffic Impact Fee Ad Hoc Committee and staff, which include:
1. Continued a traffic impact fee of $235 per Average Daily Trip (ADT) based on the
Capital Improvement Projects and Active Transportation projects in the adopted
Active Transportation Plan (ATP).
2. Approved allocation of up to ten percent (10%) of traffic impact fees towards traffic
signal synchronization projects.
3. Approved a five percent (5%) reduction in automobile trips as a result of ATP
implementation and an additional five percent (5%) reduction in automobile trips
for developments proposing to implement active transportation improvements
beyond typical development requirements.
4. Approved the annual accounting of the Citywide Traffic Impact Fee Program.
2. COMMUNITY CHOICE ENERGY JOINT POWERS AUTHORITY AGREEMENT
AND FIRST READING OF AN ORDINANCE AUTHORIZING THE
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM
(01:23:34) - Public Services Department/Administration
Presentation by Mr. Sethuraman, Public Services Director.
Discussion ensued on repayment, staff involvement, pensions, protections,
membership fees, equal representation, weighted votes, eminent domain, liability
costs, termination and 6-month notice vs. 30-day notice, the process for citizens to
join, continuing liability if withdraw and timelines, cost savings, board membership,
startup costs, options for participating in financing, cash collateral pledge and
partnership in startup costs, determination language and points still under
Minutes — Regular Meeting — November 17, 2020 — Page 6
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negotiation, exit clauses, dispute resolution, voluntary mediation to be required,
prevailing wages, unrestricted funds for loans and collateral, sufficient liquidity,
involuntary termination, refinancing, and repayment of debt.
Public Comments:
Hoiyin, spoke in support of the JPA. (02:52:14))
Craig Preston, spoke in support of the JPA. (02:53:12)
Martin Dietrich, Costa Mesa, spoke in support of the JPA. (02:54:32)
Jose Trinidad Castaneda, spoke in support of the JPA. (02:56:35)
Doug Mangione, spoke in support of the JPA and on working out the details.
(02:59:11)
Linda Kraemer, Costa Mesa, spoke in support of the JPA and on having two seats
on the board. (03:02:33)
Danny Gray, spoke in support of the JPA. (03:05:40)
Ayn Cracion, spoke in support of the JPA. (03:08:50)
MOVED/SECOND (03:11:32): Council Member Chavez/Mayor Pro Tern Stephens
MOTION: Approve recommended action number 1 only: Consider approval of the
Community Choice Energy (CCE) Joint Powers Authority (JPA) Agreement
contingent on the City Manager and City Attorney successfully negotiating final
terms.
Council Member Chavez spoke to the motion.
Mayor Pro Tern Stephens requested the maker of the motion include staff
recommendations 2, 3, and 4:
2. Authorize the Mayor and City Clerk to execute the negotiated agreement.
3. Introduce for first reading, by title only, Ordinance No. 2020-20, authorizing the
implementation of a Community Choice Aggregation Program.
4. Consider the appointment of one (1) or two (2) regular board member(s) and one
(1) alternate member to act on behalf of the City of Costa Mesa on the Orange
County CCE JPA Board.
Council Member Chavez did not agree.
Mayor Pro Tern Stephens withdrew his second.
Council Member Genis seconded the motion.
Minutes — Regular Meeting — November 17, 2020 — Page 7
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MOVED/SECOND: Council Member Chavez/Council Member Genis
MOTION: Approve recommended action number 1 only: Consider approval of the
Community Choice Energy (CCE) Joint Powers Authority (JPA) Agreement
contingent on the City Manager and City Attorney successfully negotiating final
terms.
Council Member Genis spoke to the motion.
SUBSTITUTE MOTION/SECOND (03:17:17): Council Member Marr/Mayor Foley
SUBSTITUTE MOTION: Approve all four recommended actions, contingent on the
City Manager and City Attorney negotiating final terms including: delegate authority
to the Mayor to designate the board members, eliminate the weighted vote, and to
lessen the impact of Irvine having 2 members while Costa Mesa only has 1
member by making it for year 1 only that Irvine has 2 members, consider sharing
the financial burden, give all cities 2 seats, request further clarification on sun
setting the 2 seats if it makes financial sense.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr,
Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
Mayor Foley requested the list of items addressed during the public hearing be
included in the negotiation points and to revise action #4 to say 1 or 2 board members
and 1 alternate.
Council Member Marr agreed.
Mayor Foley spoke to the motion and on equity on the board.
ACTION:
City Council approved the actions as follows:
1. Approved the Community Choice Energy (CCE) Joint Powers Authority (JPA)
Agreement contingent on the City Manager and City Attorney successfully
negotiating final terms.
2. Authorized the Mayor and City Clerk to execute the negotiated agreement.
3. Introduced for first reading, by title only, Ordinance No. 2020-20, authorizing the
implementation of a Community Choice Aggregation Program.
4. The appointment of one (1) or two (2) regular board member(s) and one (1)
alternate member to act on behalf of the City of Costa Mesa on the Orange
County CCE JPA Board.
Minutes — Regular Meeting — November 17, 2020 — Page 8
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OLD BUSINESS: NONE
City Council recessed into a break at 9:41 p.m.
City Council returned at 9:55 p.m.
NEW BUSINESS:
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF NEWPORT BEACH FOR A
PARTNERSHIP AT THE PERMANENT BRIDGE SHELTER AT 3175 AIRWAY
AVENUE (03:38:06) - City Manager's Office
Presentation by Ms. Price, Assistant City Manager.
Discussion ensued on the operations agreement with Mercy House, operational
changes and costs, and emancipated and homeless minors.
Public Comments:
Ralph Taboada, Costa Mesa, congratulated staff and spoke on being open to
partnerships with other neighboring cities. (04:05:01)
MOVED/SECOND (04:07:25): Mayor Pro Tern Stephens/Mayor Foley
MOTION: Approve recommended actions.
Mayor Pro Tern Stephens spoke on the motion and provided background.
MOVED/SECOND: Mayor Pro Tern Stephens/Mayor Foley
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 Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
ACTION:
1. City Council authorized the City Manager, or designee, to execute the
Memorandum of Understanding with the City of Newport Beach regarding the
Permanent Bridge Shelter at 3175 Airway Avenue, for a five-year term, with two
optional extensions of five years each.
2. Adjusted the Fiscal Year 2020-21 Adopted Budget to reflect all funds in the
agreement and appropriate revenue for upfront payments of $1.4 million in capital
costs, and $200,000 in Furniture, Fixtures and Equipment (FFE); $1.0 million in
annual operational funding to support 20 beds at the 3175 Airway Avenue
program.
Minutes — Regular Meeting — November 17, 2020 — Page 9
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1. SUBRECIPIENT AGREEMENT TO IMPLEMENT A PILOT TENANT BASED
RENTAL ASSISTANCE PROGRAM (04:14:21)
Development Services Department/ Housing and Community Development Division
Presentation by Mr. Linares, CDBG/Home Coordinator.
Public Comments: None.
MOVED/SECOND (04:19:38): 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 Genis, Council Member Marr,
Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
ACTION:
1. City Council approved a Subrecipient Agreement with Families Forward in the
amount of $150,000 with a term of one year and an optional one-year extension
for the implementation of a Pilot Tenant Based Rental Assistance (TBRA)
Program.
2. Authorized the City Manager and City Clerk to sign and execute the agreement,
in substantially the same form as attached and in such final form as approved
by the City Attorney.
3. Authorized the City Manager to execute future amendments to this agreement,
including a potential increase in compensation as long as the amendment is
funded by grant funds, thereby not affecting the City's General Fund.
2. EXTENSION OF URGENCY ORDINANCES 2020-15 AND 2020-16
SUSPENDING CERTAIN PERMIT REQUIREMENTS AND DEVELOPMENT
STANDARDS FOR OUTDOOR ACTIVITIES DUE TO THE COVID-19
PANDEMIC (04:21:07) - Development Services Department/ Planning Division
Presentation by Ms. Bouwens-Killeen, Zoning Administrator.
Discussion ensued on parklets, public rights of way, Temporary Use Permit
processes, County funding received, private funding, temporary vs. permanent
structures, helping small businesses, extending the urgency ordinances for a
longer period of time, having a process moving forward, and safety protocols.
Public Comments:
David Martinez, spoke in support of moving businesses outside. (05:08:32)
Minutes — Regular Meeting — November 17, 2020 — Page 10
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MOVED/SECOND (05:09:28): Council Member Reynolds/Mayor Foley
MOTION: Approve recommended actions and extend both Urgency Ordinances
to December 31, 2021.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Marr,
Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 6-0-1
ACTION:
City Council approved and extended Urgency Ordinance 2020-15 and Urgency
Ordinance 2020-16 through December 31, 2021.
ADDITIONAL COUNCIUBOARD MEMBER COMMITTEE REPORTS, COMMENTS,
AND SUGGESTIONS (05:15:16)
Mayor Foley thanked the Costa Mesa Police Department for their good work in the
community.
ADJOURNMENT (05:17:07) — The Mayor adjourned the meeting at 11:31 p.m. in
memory of Jeremy Goldman.
Minutes — Regular Meeting — November 17, 2020 — Page 11
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Minutes adopted on this 16th day of February, 2021.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
Minutes — Regular Meeting — November 17, 2020 — Page 12
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MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
JANUARY 12, 2021
CALL TO ORDER - The Special Closed Session meeting was called to order by Mayor
Pro Tern Marr at 4:00 p.m.
ROLL CALL
Present by Zoom: Council Member Chavez, Council Member Gameros, Council
Member Harlan, Council Member Harper, Council Member Reynolds,
Mayor Pro Tern Marr, and Mayor Foley (arrived at 4:05 p.m.).
Absent: None
PUBLIC COMMENTS - NONE
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Barnes v. The Superior Court of Orange, Fourth District Court of Appeal, Case No.
G059764 (on appeal from Campbell, et al. v. Barnes, Orange County Superior Court
Case No. 30-2020-01141117-CU-WM-CXC).
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — ONE
CASE - Pursuant to Subdivision (d)(4) of Section 54956.9, California Government
Code, Potential Litigation.
In Open Session, the City Attorney reported the following action:
MOVED/SECOND: Council Member Reynolds/Council Member Chavez
MOTION: Authorized the City Attorney's office to initiate litigation under CEQA against
the Newport Mesa Unified School District, regarding its approval of a Notice of Exemption
for Estancia High School's theatre project.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan,
Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor
Foley.
Nays: None
Absent: None
Motion carried: 7-0
AGENDA — SPECIAL CLOSED SESSION — January 12, 2021 — PAGE 1
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3. THREAT TO SECURITY
Pursuant to subdivision (a) of Section 54957, California Government Code
Consultation with: Costa Mesa Director of Emergency Services, and City Manager,
Lori Ann Farrell Harrison; Bryan Glass, Police Chief; Dan Stefano, Fire Chief; and
Jason Dempsey, Emergency Services Administrator.
Closed Session adjourned at 5:23 p.m.
Minutes adopted on this 16th day of February, 2021.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
AGENDA —SPECIAL CLOSED SESSION —January 12, 2021 —PAGE 2
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MINUTES OF THE CITY OF COSTA MESA CITY COUNCIL
STUDY SESSION
TUESDAY, JANUARY 12, 2021
CALL TO ORDER (00:00:12) - The Study Session was called to order by Mayor Foley
at 5:30 p.m. via Zoom Webinar.
PLEDGE OF ALLEGIANCE (00:00:35) — Led by Mayor Foley.
ROLL CALL (00:01:03)
Present by Zoom: Council Member Chavez, Council Member Gameros, Council
Member Harlan, Council Member Harper, Council Member Reynolds,
Mayor Pro Tern Marr (Arrived 5:35 p.m.), and Mayor Foley.
Absent: None
CITY ATTORNEY CLOSED SESSION REPORT (00:01:34)
The City Attorney reported that for item 3 threat to security, City Council direction was
given, on item 1 the Barnes litigation, an update was provided, and the following action
was taken on item 2 potential litigation:
MOVED/SECOND: Council Member Reynolds/Council Member Chavez
MOTION: Authorized the City Attorney's office to initiate litigation under CEQA against
the Newport Mesa Unified School District, regarding its approval of a Notice of Exemption
for Estancia High School's theatre project.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan,
Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor
Foley.
Nays: None
Absent: None
Motion carried: 7-0
STUDY SESSION ITEMS: (00:02:44)
1. SB 1383: ORGANIC WASTE COLLECTION AND PROCESSING, AND
RECYCYLING PROGRAMS - REGULATORY IMPACTS AND REQUIRED
ACTIONS — Public Services Department
Presentation by Mr. Balliet, Consultant.
AGENDA -STUDY SESSION - JANUARY 12, 2021 - PAGE 1
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Discussion ensued on procurement, separate recycling bin requirements, food
diversion and food waste donation programs, measuring cubic organic waste,
adjusting waste hauling agreements, program based compliance, and construction
of new facilities to encourage waste diversion.
Public Comments: (00:52:23)
Speaker, spoke on renewable, natural gas, clean compost, and recycled paper,
having a county wide approach, what percentage of organic waste diverted,
helping community groups, source separation, reducing contamination, and
reduce plastic.
ACTION:
City Council provided direction on actions required to achieve compliance with SB
1383, mandating Organic Waste collection and processing, and recycling
programs.
ADJOURNMENT (00:55:18) — Mayor Foley adjourned the Study Session at 6:20 p.m.
AGENDA -STUDY SESSION - JANUARY 12, 2021 - PAGE 2
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Minutes adopted on this 16th day of February, 2021.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
AGENDA -STUDY SESSION - JANUARY 12, 2021 - PAGE 3