The URL can be used to link to this page

Home My WebLink About05 - CC-4 - Minutes - 3/2/2021UNOFFICIAL UNTIL APPROVED CCA MINUTES OF THE SPECIAL MEETING OF THE COSTA MESA CITY COUNCIL FRIDAY, JANUARY 25, 2019 CALL TO ORDER The Special City Council meeting was called to order by Mayor Foley at 9:06 a.m. at the Avenue of the Arts Hotel, Gershwin Room, 3350 Avenue of the Arts, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis (arrived 9:26 a.m.), Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: Council Member Mansoor Officials Present: Acting City Manager Tamara Letourneau, City Attorney Kimberly Hall Barlow, Finance Director Kelly Telford, Economic and Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, Police Chief Robert Sharpnack, Fire Chief Dan Stefano, Parks and Community Services Director Justin Martin, Chief of Staff Connor Lock, Economic Development Administrator Dan Inloes, and City Clerk Brenda Green. The Mayor introduced Mr. Dave Kiff, Executive Director of ACCOC, who would be facilitating the Council Retreat. SPECIAL ITEMS OF THE DAY — GOAL SETTING AND COUNCIL RETREAT PUBLIC COMMENTS (01:18:15) Wendy Leece, Costa Mesa, spoke on addressing a variety of issues and on public safety. Beth Refakes, Costa Mesa, requested status of signal pre-emption on Newport Blvd., funding for fire station #2, public safety, and storm drain improvements. Speaker, spoke on sober living issues. Speaker, spoke on transparency. Public Comments closed. MINUTES - SPECIAL CITY COUNCIL MEETING OF JANUARY 25, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED Presentations on City Department updates, key initiatives and challenges provided by Mr. Lock, Ms. Telford, Chief Sharpnack, Chief Stefano, Mr. Sethuraman, Mr. Curtis, and Mr. Martin. Break 11:45 a.m. — 11:56 a.m. Presentations on City Department updates and key initiatives and challenges provided by Mr. Inloes,and Ms. Letourneau. Lunch and Closed Session held from 12:30 p.m. — 2:50 p.m. Closed Session A. PUBLIC EMPLOYEE APPOINTMENT Pursuant to California Government Code Section 54957(b)(1): 1 matter Title: City Manager B. 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. City Council resumed open session at 2:55 p.m. City Attorney Closed Session Report — No reportable action. The City Council identified and discussed various priorities. Public Comments: Robin Leffler, Costa Mesa, spoke on fiscal sustainability and transparency. Beth Refakes, Costa Mesa, spoke on transparency, airport issues, and fire station #2. Olga Reynolds, Costa Mesa, spoke on public outreach. Mary Spadoni, Costa Mesa, spoke on broader civic engagement. Speaker, spoke on additional programming for early childhood. MINUTES - SPECIAL CITY COUNCIL MEETING OF JANUARY 25, 2019 - PAGE 2 UNOFFICIAL UNTIL APPROVED The City Council provided direction on the following Goals and Objectives: 1. Keep our Community Safe. 2. Improve Our Neighborhoods and Quality of Life. 3. Keep the City Fiscally Sustainable. 4. Address Housing Shortages and Homelessness. 5. Improve Mobility and Parking. 6. Good Government and Community Engagement. ADJOURNMENT — Mayor Foley adjourned the meeting at 4:27 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CITY COUNCIL MEETING OF JANUARY 25, 2019 - PAGE 3 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL MEETING OF THE COSTA MESA CITY COUNCIL WEDNESDAY, JANUARY 30, 2019 CALL TO ORDER The Special City Council meeting was called to order by Mayor Foley at 6:00 p.m. at the Costa Mesa Senior Center, Grand Hall 1, 695 W. 19th St., Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Marr, Council Member Mansoor, Council Member Reynolds (arrived 6:25 p.m.), Mayor Pro Tern Stephens, and Mayor Foley. SPECIAL ITEMS OF THE DAY — COSTA MESA BRIDGE SHELTER PROJECT The City Council Members, City Staff, community partners and shelter operation experts were in attendance to review and discuss the Bridge Shelter Project and to answer questions from the public. The meeting was conducted as an open forum and the public had the opportunity to speak individually with the Council Members and City Staff. ADJOURNMENT — Mayor Foley adjourned the meeting at 7:30 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CITY COUNCIL MEETING OF JANUARY 30, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL CLOSED SESSION OF THE COSTA MESA CITY COUNCIL TUESDAY, FEBRUARY 26, 2019 CALL TO ORDER The Special Closed Session was called to order by the Mayor Pro Tem Stephens at 5:32 p.m. in Conference Room 1A at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Mansoor, Councilmember Marr, Councilmember Reynolds, Mayor Pro Tern Stephens, and Mayor Foley (arrived at 5:33 p.m.). Absent: None PUBLIC COMMENTS ON SPECIAL CLOSED SESSION - NONE The City Council recessed to Conference Room 5A at 5:34 p.m. for Special Closed Session to consider the following item: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: Orange County Catholic Worker, an unincorporated association: Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler, Gloria Shoemake, as individuals v. Orange County, City of Anaheim, City of Costa Mesa, and City of Orange, United States District Court, Central District of California — Southern Division, Case No. 8:18-cv-00155. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 3175 Airway Ave., Costa Mesa, CA 92627 APN: 427-091-12 Pursuant to Section 54956.8, California Government Code Negotiating Parties: Tamara Letourneau, Acting City Manager and Dale Camera, Lee & Associates and Steve Millen, Owner. Negotiation: Price and Terms of Payment. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 1885 Anaheim Street, Costa Mesa, CA 92627 APN: 424-211-12 Pursuant to Section 54956.8, California Government Code Negotiating Parties: Tamara Letourneau, Acting City Manager and Pastor Phil Eyskens, Church of the Nazarene/Lighthouse Church Negotiation: Price and Terms of Payment MINUTES - SPECIAL CLOSED SESSION OF FEBRUARY 26, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED ADJOURNMENT — The Mayor adjourned the meeting at 6:19 p.m. Minutes adopted on this 2nd of March, 2021 Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CLOSED SESSION OF FEBRUARY 26, 2019 - PAGE 2 MINUTES OF THE SPECIAL STUDY SESSION OF THE COSTA MESA CITY COUNCIL TUESDAY, FEBRUARY 26, 2019 CALL TO ORDER The Special Study Session was called to order by the Mayor at 6:20 p.m. in Conference Room 1 A at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: None PLEDGE OF ALLEGIANCE — LED BY MAYOR FOLEY PUBLIC COMMENTS Ralph Taboada, Costa Mesa, spoke on the letter from FiPAC that Council received regarding reducing expenses. Cynthia McDonald, Costa Mesa, spoke on the Capital Improvement Projects; supporting resurfacing of tennis courts and fencing, restrooms needing work done. Also spoke in support of bikeability and walkability; lack of revenue from Cannabis businesses and housing needed in that area. SPECIAL STUDY SESSION ITEMS: 1. FY 2018-19 MID -YEAR BUDGET REPORT — Finance Department Kelly Telford, Finance Director, provided presentation on the item. Discussion ensued on FY 2018-19 Mid -Year Budget Report. Mayor Foley, requested a short memo explaining the self-insurance fund. ACTION: 1. City Council received and filed the FY 2018-19 Mid -Year Budget Report 2. Consensus to move forward with the proposed FY 2018-19 budget adjustments and other items: MINUTES - SPECIAL STUDY SESSION OF FEBRUARY 26, 2019 - PAGE 1 a. Carryover of certain FY 2017-18 General Fund encumbrances and Other Fund encumbrances; b. General Fund contingency account allocation; c. Summary of approved budget adjustments and appropriations of expenditures previously netted against revenue; d. Acceptance of a $39,600 A13109 grant from Orange County and appropriate the funding for e-citation device purchase; e. Acceptance of a $19,668 Bullet Proof Vest Grant from US Department of Justice and appropriate the funding for bullet proof vest purchase; and, f. Creation of the Shelter Operations budget program under the Housing Authority and budget adjustment moving Program 50250 currently under the City Manager's Office to the Housing Authority. 3. Consensus to move forward with the following proposed staffing changes: a. Finance Department: reclassify the part-time Accounting Specialist I to a full- time Buyer position; transfer the vacant part-time Office Specialist II position to Parks and Community Services; and, b. Parks and Community Services Department: reclassify three part-time positions to full-time positions; transfer the part-time Office Specialist II position from Finance and reclassify to a full time position; eliminate one full-time Assistant Recreation Supervisor position. 2. CAPITAL IMPROVEMENT PROGRAM STATUS UPDATE — Public Services Department Raja Sethuraman, Public Services Director, provided presentation on the item. Discussion ensued on Capital Improvement Program Status Update. Council Member Reynolds, requested to upload table with projects, time, and status on the website. ACTION: 1. City Council received and filed the report regarding the City's Capital Improvement Program status and; 2. Consensus to move forward with a budget adjustment re -appropriating the remaining unspent balance of capital projects budgeted in prior years into the Fiscal Year (FY) 18-19 budget. ADJOURNMENT — The Mayor adjourned the meeting at 8:54 p.m. MINUTES - SPECIAL STUDY SESSION OF FEBRUARY 26, 2019 - PAGE 2 Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL STUDY SESSION OF FEBRUARY 26, 2019 - PAGE 3 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL MEETING OF THE COSTA MESA CITY COUNCIL TUESDAY, FEBRUARY 26, 2019 CALL TO ORDER The Special City Council meeting was called to order by Mayor Foley at 8:55 p.m. in Conference Room 1 A at Costa Mesa City Hall, 77 Fair Drive, 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 Officials Present: Acting City Manager Tamara Letourneau, City Attorney Kimberly Hall Barlow, Parks and Community Services Director Justin Martin, Economic and Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, Finance Director Kelly Telford, Fire Chief Dan Stefano, and City Clerk Brenda Green. PUBLIC COMMENTS — NONE SPECIAL ITEM: 1. AUTHORIZATION OF BIDDING EXEMPTION UNDER SECTION 2-165 Justin Martin, Parks and Community Services Director, provided staff presentation. No public comments. MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Chavez MOTION: Approved recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 ACTION: 1. City Council determined that compliance with the bidding requirements and procedures of the Costa Mesa Municipal Code for the procurement of supplies, services and equipment for the City's temporary bridge shelter at the Church of MINUTES - SPECIAL CITY COUNCIL MEETING OF FEB 26, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED Nazarene/Lighthouse Church is not in the best interest of the City, such that the procurement of supplies, services and equipment for the shelter will be exempt from the Municipal Code's bidding requirements and procedures; and 2. Authorized the Acting City Manager or designee to execute all agreements and documents necessary for the procurement and purchases of such supplies, services and equipment. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS - NONE ADJOURNMENT — The Mayor adjourned the meeting at 9:00 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CITY COUNCIL MEETING OF FEB 26, 2019 - PAGE 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL MEETING OF THE COSTA MESA CITY COUNCIL TUESDAY, MARCH 26, 2019 CALL TO ORDER The Special City Council meeting was called to order by Mayor Foley at 6:00 p.m. at the Costa Mesa Senior Center, Grand Hall 1, 695 W. 191h St., Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Marr, Council Member Mansoor, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. SPECIAL ITEMS OF THE DAY — COSTA MESA BRIDGE SHELTER PROJECT The City Council Members, City Staff, community partners and shelter operation experts were in attendance to review and discuss the Bridge Shelter Project and to answer questions from the public. The meeting was conducted as an open forum and the public had the opportunity to speak individually with the Council Members and City Staff. ADJOURNMENT — Mayor Foley adjourned the meeting at 7:30 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CITY COUNCIL MEETING OF MARCH 26, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY APRIL 17, 2019 CALL TO ORDER The Special Closed Session Meeting was called to order by Mayor Foley at 12:00 noon and at 6:30 p.m. at the Capital Grille, Board Room, 3333 Bristol Street, Costa Mesa, California. ROLL CALL Present: 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 SPECIAL ORDERS OF THE DAY 1. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Section 54957(b)(1) California Government Code One Matter Title: City Manager The City Council conducted candidate interviews at the meeting and considered all matters authorized by Government Code Section 54957(b)(1) related to the appointment of a new City Manager. Note the City Council did not appoint a new City Manager at the meeting. The Closed Sessions adjourned at 2:00 p.m. and 8:30 p.m. Minutes — Special Closed Session Meeting — April 17, 2019 — Page 1 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2nd day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Special Closed Session Meeting — April 17, 2019 — Page 2 MINUTES OF THE SPECIAL CLOSED SESSION OF THE COSTA MESA CITY COUNCIL TUESDAY, MAY 149 2019 CALL TO ORDER The Special Closed Session was called to order by the Mayor Pro Tern Stephens at 4:36 p.m. in Conference Room 1 A at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Mansoor, Mayor Pro Tern Stephens, and Mayor Foley (arrived at 4:37 P.M.). Absent: Councilmember Marr and Councilmember Reynolds PUBLIC COMMENTS ON SPECIAL CLOSED SESSION - NONE The City Council recessed to Conference Room 5A at 4:38 p.m. for Special Closed Session to consider the following item: 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION INITIATION OF LITIGATION — ONE POTENTIAL CASE Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code ADJOURNMENT — Mayor Foley adjourned the Special Closed Session meeting at 5:20 p.m. Minutes adopted on this 2"d of March, 2021 Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CLOSED SESSION OF MAY 14, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL STUDY SESSION OF THE COSTA MESA CITY COUNCIL TUESDAY, MAY 149 2019 CALL TO ORDER The Special Study Session was called to order by the Mayor at 5:40 p.m. in Conference Room 1 A at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: Council Member Marr PUBLIC COMMENTS Ralph Taboada, Costa Mesa, spoke on the budget highlighting structural deficits; forecasts, revenues, Citywide fee study, business development, prioritizing positions, centralize functions with surrounding agencies; and following guidelines on unassigned fund balance. AI Melone, Costa Mesa, spoke on property and sales taxes, general reserves, expenditures; pension benefits and employee salary, and reducing positions. Beth Refakes, Costa Mesa, expressed concern on spending, maintain reserves, grant funding; and explore a shared homeless shelter. Closed public comments. SPECIAL STUDY SESSION ITEM: 1. FISCAL YEAR 2019-20 PRELIMINARY BUDGET — Finance Department Kelly Telford, Finance Director, provided presentation on the item. Discussion ensued on the Fiscal Year 2019-20 Preliminary Budget. ACTION: 1. Consensus to move forward with the FY 2019-20 Preliminary Operating and Capital Improvement Program Budget and proposed fee increases; and MINUTES - SPECIAL STUDY SESSION OF MAY 14, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED 2. Consensus to move forward with exercising the exception to reduce the General Fund contribution to Capital Projects to be less than the combined 6.5% of the General Fund budgeted revenues required by the Capital Asset Needs (CAN) Ordinance. ADJOURNMENT — The Mayor adjourned the meeting at 7:55 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL STUDY SESSION OF MAY 14, 2019 - PAGE 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL MEETING OF THE COSTA MESA CITY COUNCIL TUESDAY, MAY 149 2019 CALL TO ORDER The Special City Council meeting was called to order by Mayor Foley at 5:25 p.m. in Conference Room 1 A at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley. Absent: Council Member Marr Officials Present: Acting City Manager Tamara Letourneau, City Attorney Kimberly Hall Barlow, Principal Planner Minoo Ashabi, Economic and Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, Finance Director Kelly Telford, Fire Chief Dan Stefano, Division Chief Jason Pyle, Parks and Community Services Director Justin Martin, and City Clerk Brenda Green. PUBLIC COMMENTS Sue Borach, Citizens Against Airport Noise and Pollution (CAMP), opposed all 3 alternatives and suggested Costa Mesa ask for a 4th alternative. Beth Refakes, Costa Mesa, opposed all 3 alternatives and compromise, mentioned the loud noise and pollution, concerned aviation is not subject to curfew, noise of private jets and planes. Claudia Perez Figueroa on behalf of Assemblywomen Cottie Petrie -Norris spoke in support of alternative 3. Public Comments closed. SPECIAL ITEM: 1. CITY OF COSTA MESA POSITION REGARDING JOHN WAYNE AIRPORT GENERAL AVIATION IMPROVEMENT PROGRAM — Development Services Department/Planning Division Minoo Ashabi, Principal Planner, provided staff presentation. MINUTES - SPECIAL CITY COUNCIL MEETING OF MAY 14, 2019 - PAGE 1 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Mayor Foley/Council Member Genis MOTION: Approved recommended action and to add Mayor will work with Newport Beach City Council and other partners. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Nays: None Absent: Council Member Marr Motion carried: 6-0-1 ACTION: 1. City Council authorized the Mayor to represent the Council's position, in writing and/or verbally, to the Board of Supervisors as it relates to the proposed General Aviation Improvement Plan. CITY ATTORNEY CLOSED SESSION REPORT — Ms. Barlow stated there were no reportable actions taken in Closed Session. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS - NONE ADJOURNMENT — The Mayor adjourned the meeting at 5:40 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk MINUTES - SPECIAL CITY COUNCIL MEETING OF MAY 14, 2019 - PAGE 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE STUDY SESSION/OPEN FORUM OF THE COSTA MESA CITY COUNCIL TUESDAY, AUGUST 13, 2019 CALL TO ORDER The Study Session was called to order by Mayor Foley at 5:07 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: Council Member Mansoor and Council Member Marr. STUDY SESSION ITEM: 1. WIRELESS FACILITIES INCLUDING SMALL CELLS Staff presentation by Ms. Le, Assistant Director of Development Services, and Jonathan Kramer, Ph.D., consultant with Telecom Law Firm. Discussion ensued on 4G v. 5G, RF emission limits, cumulative effects, several sites on one pole, comparison to other local government ordinances, discretionary review, and shot clocks. PUBLIC COMMENTS: Robert Fiskin, Costa Mesa, spoke on close proximity to home, microwave radiation, notification, and safety. Brian Estrada, Costa Mesa, spoke on the National Toxicology program by the National Human and Health Services, study on RF effects, and harm by long term exposure at low levels. Monica Draghici, Costa Mesa, spoke on noise, property values, overloading utility poles, setbacks, the National Toxicology report, notifications, and a revised ordinance. Ray Wallace, Costa Mesa, spoke on setbacks, consider side and back yards, and a revised ordinance. Speaker, Costa Mesa, spoke on concerns on RF emissions. Minutes — Study Session — August 13, 2019 — Page 1 UNOFFICIAL UNTIL APPROVED Mr. West, spoke on the need for cells to be equally spaced, advocated for a different approach where all carriers map out cell sites, and have uniform and preferred locations. Robin Leffler, Costa Mesa, spoke against cell sites, noise, and that employees do not want located at fire stations. Speaker, expressed pleasure that the City Council was addressing the health and safety concerns. Discussion ensued on FCC regulations, key court decisions, litigation, shot clocks, fees, minimum and reasonable distances, underground wiring, accessibility and landscaping, map of locations, legislation, noticing, application process, and best practices. 7:10 p.m. - The meeting moved to an open forum in Conference room 1A and the City Hall lobby where members of the public were able to share their thoughts and provide input on small cell facilities with Council Members individually, the consultant, and representatives from cell phone carriers. ADJOURNMENT — Mayor Foley adjourned the Study Session at 7:30 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Study Session — August 13, 2019 — Page 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FEBRUARY 4, 2020 CALL TO ORDER The Closed Session was called to order by Mayor Foley at 4:04 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Chavez, Council Member Genis, Council Member Mansoor (arrived at 4:12 p.m.), Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: None PUBLIC COMMENTS ON SPECIAL CLOSED SESSION - NONE The City Council recessed to Room 5A at 4:06 p.m. for Closed Session to consider the following items: 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Subdivision (a) of Section 54957.6, California Government Code Agency Designated Representatives: Peter Brown, Partner, Liebert Cassidy Whitmore, Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Firefighters Association (CMFA) 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code — one case 3. 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) Negotiation: Price and Terms of Payment Minutes — Regular Meeting — February 4, 2020 — Page 1 UNOFFICIAL UNTIL APPROVED 4. 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) Negotiation: Price and Terms of Payment 5. 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 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 7. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: SoCal Recovery, LLC, a California limited liability company v. City of Costa Mesa, United States District Court, Central District of California, Case No. 8:18- cv-01304-JVS-PJW. 8. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: Yellowstone Women's First Step House, Inc., and Sober Living Network, Inc. v. City of Costa Mesa, United States District Court, Central District of California, Case No. SACV14-01852 JVS. 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 the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:15) By Vanguard University Chamber Choir MOMENT OF SOLEMN EXPRESSION (00:02:41) Pastor Rod Randall, Harbor Trinity Church, Costa Mesa Minutes — Regular Meeting — February 4, 2020 — Page 2 UNOFFICIAL UNTIL APPROVED ROLL CALL (00:04:09) Present: 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: City Manager Lori Ann Farrell Harrison, City Attorney Kimberly Hall Barlow, Economic and Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, Acting Parks and Community Services Director Yvette Aguilar, Finance Director Kelly Telford and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:04:15) — No Reportable Action PRESENTATIONS 1. The Costa Mesa Minute was played. (00:04:24) 2. City Manager Ms. Farrell Harrison provided an update on homelessness. (00:06:45) PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: (00:16:00) Liz McNabb, representing Assemblywoman Petrie -Norris, spoke on the Woman of the Year nominations. (00:16:22) Hank Castignetti, spoke on the Orange County Model Engineers activities. (00:19:42) Roberta Buchanan, Newport Beach, spoke on urban coyotes. (00:21:49) Speaker, spoke on urban coyotes. (00:24:23) Speaker, Costa Mesa, spoke in support of pickle ball. (00:27:40) Speaker, Costa Mesa, spoke in support of pickle ball. (00:28:59) Speaker, spoke in support of pickle ball. (00:30:22) Speaker, spoke in support of pickle ball. (00:31:46) Speaker, thanked the City Manager for homelessness update and requested status of the property on Airway and the Fairview Developmental Center. (00:35:04) Speaker, spoke in support of pickle ball. (00:37:27) Minutes — Regular Meeting — February 4, 2020 — Page 3 UNOFFICIAL UNTIL APPROVED Robin Leffler, Costa Mesa, spoke on ad hoc committees keeping minutes and open to the public. (00:39:03) Speaker, spoke on a variety of issues. (00:39:45) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (00:42:37) Council Member Reynolds spoke on the public art mural, pickle ball, thanked committee members for hard work, thanked Mr. Sethuraman and Council Member Chavez for work on the Westside Restoration Project, requested update on Westside & Lions Park, spoke on Fairview Park project on Saturday for invasive plant removal, spoke on the February 16th bike ride, and on the February 25th Study Session on housing issues. (00:42:51) Council Member Chavez spoke on the public art mural, on Estancia High School Hall of Fame event, on attending the Lunar New Year at South Coast Plaza, the SOY art gallery at City Hall, attending coffee with a cop, and on an accident reimbursement. (00:46:59) Council Member Mansoor spoke on urban coyote issues and welcomed scouts attending the meeting. (00:49:25) Council Member Genis spoke in support of pickle ball and request for bocce ball, spoke on Estancia High School Hall of Fame and basketball game, spoke on economic development and exit interviews with businesses that are closing and on business retention, spoke on providing information to all Council Members, the rule of 5 to be changed to the rule of 7 and to be fully implemented. (00:51:25) Mayor Pro Tern Stephens requested an update on the coyote management plan, spoke in support of pickle ball, spoke on the public art mural, and remembered the individuals that recently lost their lives in a helicopter crash. (00:54:44) Mayor Foley remembered the individuals that recently lost their lives in a helicopter crash, spoke on donating to working wardrobes, spoke on attendance at coffee with a cop, spoke on a problem at the library 2"d floor woman's bathroom, spoke on El Toro Bravo public art mural, and spoke on more activities in that neighborhood, spoke on attending the lunar new year at South Coast Plaza, spoke on Fairview Developmental Center housing units. (00:58:29) REPORT — CITY MANAGER (01:02:51) - None REPORT — CITY ATTORNEY (01:02:59) — Ms. Hall Barlow spoke on recovering Yellowstone litigation costs. Minutes — Regular Meeting — February 4, 2020 — Page 4 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (Items 1-7) (01:03:39) MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7 except for 3 and 4. 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 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: Azita Fakoorbayat, Roger Lawson, Patricia Montes, Angela Moriana ACTION: City Council received and filed. 5. ADOPTION OF AN ORDINANCE TO AMEND ARTICLE 3 (PUBLIC PROJECTS) OF CHAPTER 5 (FINANCE) OF TITLE 2 (ADMINISTRATION) AND ARTICLE 3 (FINAL MAPS) OF CHAPTER 11 (SUBDIVISIONS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE ACTION: City Council gave second reading and adopted Ordinance No. 2020-02, amending the Costa Mesa Municipal Code relating to authorization for acceptance of work performed on construction contracts which are awarded following informal bidding procedures, bidder's security requirements, adoption of plans and specifications, and release of bonds for public and private improvements. 6. FINAL MAP FOR TRACT NO. 17668 LOCATED AT 511 HAMILTON STREET, 2089, 2095 AND 2099 HARBOR BOULEVARD, COSTA MESA, CALIFORNIA ACTION: City Council approved the Final Map for Tract No. 17668 and authorized signing of the Map by the City Clerk and the Interim City Engineer. Minutes — Regular Meeting — February 4, 2020 — Page 5 UNOFFICIAL UNTIL APPROVED 7. UPDATE STATE OF CALIFORNIA, GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CAL OES) DESIGNATION OF APPLICANT'S AGENT RESOLUTION ACTION: 1. City Council approved and adopted the State of California, Governor's Office of Emergency Services (Cal OES) Designation of Applicant's Agent Resolution (Cal OES Form 130). 2. Authorized submittal of the approved Cal OES Form 130 to the State. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ADOPTION OF AN ORDINANCE REPEALING AND REPLACING ARTICLE 2 (PURCHASING) OF CHAPTER V (FINANCE) AND AMENDING ARTICLE 2 (POWERS AND DUTIES) OF CHAPTER IV (CITY MANAGER) OF TITLE 2 (ADMINISTRATION) OF THE COSTA MESA MUNICIPAL CODE RELATING TO INFORMAL BIDDING THRESHOLDS AND DEFINING THE CONTRACTING AUTHORITY OF CITY OFFICERS AND EMPLOYEES, INCLUDING THE CITY MANAGER AND FINANCE DIRECTOR (01:04:58) Public Comments: None MOVED/SECOND: Council Member Marr/Mayor Pro Tern Stephens MOTION: Approve Ordinance No. 2020-01. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley Nays: Council Member Genis Absent: None Abstain: None Motion carried: 6-1 ACTION: City Council adopted Ordinance No. 2020-01, repealing and replacing Article 2 (Purchasing) of Chapter V (Finance) and amending Article 2 (Powers and Duties) of Chapter IV (City Manager) of Title 2 (Administration) of the Costa Mesa Municipal Code relating to informal bidding thresholds and defining the contracting authority of City officers and employees, including the City Manager and Finance Director. Minutes — Regular Meeting — February 4, 2020 — Page 6 UNOFFICIAL UNTIL APPROVED 3. WARRANT RESOLUTION NO. 2634 (01:07:10) Public Comment: Speaker, spoke on sober living expenses. (01:07:24) MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Approve Warrant Resolution No. 2634. 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 Nays: Council Member Mansoor Absent: None Abstain: Mayor Foley Motion carried: 5-1-0-1 ACTION: City Council approved Warrant Resolution No. 2634 of the City Council of the City of Costa Mesa, California, allowing certain claims and demands, including payroll register nos. 20-01 "A" for - $6,134.79; and 20-02 for $2,562,957.36; and City operating expenses for $4,252,632.71. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. GIVE FIRST READING TO AN ORDINANCE (CODE AMENDMENT CO-19-04) AMENDING TITLE 19 AND TITLE 13 OF THE COSTA MESA MUNICIPAL CODE (FRANCHISES AND PLANNING, ZONING, AND DEVELOPMENT), RELATING TO WIRELESS TELECOMMUNICATIONS FACILITIES AND RELATED INFRASTRUCTURE WITHIN THE PUBLIC RIGHT-OF-WAY (01:15:10) Staff presentation by Ms. Le, Assistant Director of Development Services and Mr. Porter, Assistant City Attorney. Discussion ensued on 4G vs 5G, Federal requirements and regulations, design guidelines, noticing, ADA compliance, ministerial and discretionary review, aesthetics, and setbacks. Public Comments: Speaker, spoke on setback requirements and 4G vs. 5G. (02:39:32) Jesse Ben -Ron, Orange County Business Council (OCBC), spoke in support of the Ordinance to enhance facilities with small cell technology, including first responders need to function efficiently. (02:42:15) Minutes — Regular Meeting — February 4, 2020 — Page 7 UNOFFICIAL UNTIL APPROVED Mike Fleming, spoke on the unknown harmful effects of 5G. (02:44:23) Katie Arthur, Costa Mesa, expressed concern on the impacts, encouraged Council to take cautious steps. (02:47:03) Speaker, expressed concern of clustering effects, compounding and cumulative effects, and on the public right of way. (02:49:45) Monica Draghici, presented a PowerPoint, spoke on prohibiting adjacent technologies, and adopting EMF thresholds. (02:52:25) Speaker, spoke on dangers and cognitive facts, stressors, and lawsuits. (02:55:51) Shannon, Laguna Beach, spoke on considering noise affects, consider current cell sites already in place, and insurance liability. (02:58:54) Dr. Charlie Fagenholz, Costa Mesa, spoke on RF toxicity and carcinogens. (03:01:35) Karl Alhf, Costa Mesa, spoke in opposition to cell towers. (03:04:41) Melody Owens, Costa Mesa, spoke on TeWinkle Park construction and children; neurofeedback; expressed concern on aesthetics and health and safety, public noticing, and appeal process. (03:06:24) Jill Frederickson, Costa Mesa, spoke on EMF radio frequency effects, smart meters amplify, expressed concern on the effects on children and health safety. (03:09:26) Ted Flittner, Costa Mesa, spoke on health and safety, shorter permit terms, and on considering other technologies. (03:11:19) Speaker, spoke on health and safety and RF dangers. (03:14:13) Zen Honeycutt, spoke in opposition to cell sites, requiring a 2"d approval for transition 4G to 5G, economic impacts, and using money for cell towers for fiber optics instead. (03:16:06) Tim Brown, representing Crown Castle, spoke on developing infrastructure and meeting the demands. (03:19:14) Robin Leffler, Costa Mesa, spoke on environmental endangered species act, and expressed concern for health and safety. (03:21:06) Michelle Granodoco, representing AT&T, thanked staff for their hard work on the Ordinance, and spoke on several issues in the staff report. (03:23:12) Minutes — Regular Meeting — February 4, 2020 — Page 8 UNOFFICIAL UNTIL APPROVED Speaker, expressed concerns on distance from schools and homes, spoke on annual testing, and noticing. (03:25:51) Speaker, spoke on health and safety issues. (03:27:43) Wendy Leece, Costa Mesa, spoke on looking at other cities, setbacks, and encouraged City Council to do more research. (03:29:05) Speaker, representing Verizon Wireless, thanked staff for hard work, spoke on balance, expressed concerns on additional noticing for ministerial permits, and spoke on FCC regulations. (03:31:02) Speaker, spoke on a demonstration on January 25th against 5G, and spoke on health and safety. (03:33:56) Caroline Morgan, spoke in opposition of the Ordinance, spoke on health and safety, requested environmental impact reports. (03:36:23) Speaker, spoke on RF emissions health and safety, and read a letter from a physician on harmful effects of RF wireless radiation. (03:38:34) Speaker, spoke on design guidelines and aesthetic issues, on property values, fire safety, energy consumption, data security, schools, expanding the radius, and on residential setbacks. (03:41:46) Phil Chipman, Costa Mesa, expressed concern on health and safety, spoke on setbacks, and to consider fiber optics. (03:44:42) Vanessa St. Lauren, spoke on health and safety concerns, and on home depreciation. (03:47:52) Joe McCarthy, spoke on health and safety concerns. (03:49:31) Speaker, spoke on health and safety concerns and education. (03:52:30) Speaker, spoke on health and safety concerns. (03:54:08) Speaker, spoke on health and safety concerns. (03:57:17) City Council recessed into a break at 10:13 p.m. City Council reconvened at 10:28 p.m. Minutes — Regular Meeting — February 4, 2020 — Page 9 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Mayor Foley/Council Member Marr MOTION: Recess into Closed Session for discussion. 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 City Council recessed into Closed Session at 10:28 p.m. for discussion on this item. City Council reconvened at 11:42 p.m. MOVED/SECOND: Mayor Foley/Mayor Pro Tern Stephens MOTION: City Council gave first reading to an Ordinance approving Code Amendment CO-19-04, amending Title 19 and Title 13 of the Costa Mesa Municipal Code (Franchises and Planning, Zoning, and Development), relating to wireless telecommunications facilities and related infrastructure within the public right-of-way. The following are revisions as it relates to the ordinance: • Section 1, related to Findings. • Section 1, related to Municipal Code Amendment. • On page 4, paragraph b, related to permits required. • On page 10, paragraph 3, related to Addition Administrative Requirements and Regulations. • On page 13, paragraph b, related to notices. • On page 16, paragraph 6a2, related to Permit Term. • On page 16, paragraph 6a4, related to Post -Installation Certification. • On page 18, paragraph 8, related to Adverse Physical Impacts on Other Properties, • On page 19, paragraph 10, related to Permittee's Contact Information. • On page 22, paragraph 18, related to Underground Equipment. Minutes — Regular Meeting — February 4, 2020 — Page 10 UNOFFICIAL UNTIL APPROVED • On page 28, related to shot clock days. The following are revisions as it relates to the Design Guidelines for Small Wireless Facilities: • On page 1 and throughout the design guidelines, change small cell to wireless. • On page 1, section 1, change preferences to hierarchy. • On page 2, paragraph 3, related to Additional Location requirements. • On page 3, paragraph b, related to Prohibited Support Structures. • On page 6, regarding Electric Meters. MOVED/SECOND: Mayor Foley/Council Member Chavez MOTION: To extend the meeting past midnight. 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 Mayor Foley and Mayor Pro Tern Stephens spoke to the motion. Council Member Genis clarified the facilities distance being in non-residential zone and spoke to the item. Mr. Porter, Assistant City Attorney, offered to change the wording to commercial or industrial zone. Mayor Foley and Mayor Pro Tern Stephens agreed to the change. Discussion ensued regarding consequences for delaying the item. Council Member Marr requested modifying the post installation certification section on pages 16 and 17 to strike the language `or other qualified person reasonably accessible to the director" so that there is only testing by licensed electrical engineers and requiring the type of equipment used to test and calibration date to be included in the report. Mayor Foley and Mayor Pro Tem Stephens agreed to the changes. Minutes — Regular Meeting — February 4, 2020 — Page 11 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Mayor Foley/Mayor Pro Tem Stephens MOTION: City Council gave first reading to an Ordinance approving Code Amendment CO-19-04, amending Title 19 and Title 13 of the Costa Mesa Municipal Code (Franchises and Planning, Zoning, and Development), relating to wireless telecommunications facilities and related infrastructure within the public right-of-way. 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 gave first reading to an Ordinance approving Code Amendment CO- 19-04, amending Title 19 and Title 13 of the Costa Mesa Municipal Code (Franchises and Planning, Zoning, and Development), relating to wireless telecommunications facilities and related infrastructure within the public right-of- way with changes. OLD BUSINESS: NONE Council Member Mansoor left the meeting at 12:18 a.m. NEW BUSINESS: 1. AGREEMENT WITH ATLAS PLANNING SOLUTIONS FOR DEVELOPMENT OF LOCAL HAZARD MITIGATION PLAN (04:36:11) Staff presentation by Mr. Dempsey, Emergency Services Administrator. Discussion ensued on including the vulnerable population. Public Comments: None MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Genis, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley Nays: None Absent: Council Member Mansoor Abstain: None Motion carried: 6-0-1 Minutes — Regular Meeting — February 4, 2020 — Page 12 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council approved the proposed Professional Services Agreement (PSA) with Atlas Planning Solutions to assist with the development of the Costa Mesa Local Hazard Mitigation Plan (LHMP). 2. Authorized the City Manager and the City Clerk to execute the agreement and future amendments to the agreement, provided that the total compensation under the agreement and any amendments does not exceed $149,990.25. 2. AUTHORIZE STAFF TO EVALUATE OPPORTUNITIES FOR COMMUNITY CHOICE ENERGY (04:44:23) Staff presentation by Ms. Afeworki, Energy & Sustainability Services Manager. Council Member Marr recused herself and stepped down from the dais for the item as she has a conflict with her employer. Public Comments: Jose Trinidad Castaneda, spoke in support of Community Choice Energy. (04:51:15) Speaker, spoke in support of Community Choice Energy. (04:54:41) Nathan McDonald, CEO of Alternative Resource Group, provided a PowerPoint presentation in support of Community Choice Energy. (04:55:37) James Peterson, Government Relations Manager for Southern California Edison, spoke on taking no position on any proposal and are required to remain neutral, and are willing to work with City. (04:58:57) Linda Kramer, representing OC Clean Power, spoke in support of Community Choice Energy. (05:00:14) Public Comments Closed. MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Genis, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley Nays: None Absent: Council Member Mansoor Abstain: Council Member Marr Motion carried: 5-0-1-1 ACTION: City Council authorized staff to evaluate opportunities for Community Choice Energy (CCE). Minutes — Regular Meeting — February 4, 2020 — Page 13 UNOFFICIAL UNTIL APPROVED 3. POLICY REGARDING CITY LEGISLATIVE POSITIONS (05:10:49) Staff presentation by Mr. Lock, Chief of Staff. Public Comments: None MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez MOTION: Approve revisions to Council Policy 000-8. 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 Abstain: None Motion carried: 6-0-1 ACTION: City Council adopted revisions to Council Policy 000-8. ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (05:15:03) Mayor Pro Tern Stephens, spoke on attendance at the Council meetings. Mayor Foley, spoke on City Council attendance policy. ADJOURNMENT (05:16:35) — Mayor Foley adjourned the meeting at 12:59 a.m. Minutes — Regular Meeting — February 4, 2020 — Page 14 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Regular Meeting — February 4, 2020 — Page 15 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAY 199 2020 CALL TO ORDER The Closed Session was called to order by Mayor Foley at 4:14 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California ROLL CALL Present by Zoom: 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 4:07 p.m. for Closed Session to consider the following items: CLOSED SESSION ITEMS: 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Subdivision (a) of Section 54957.6, California Government Code Agency Designated Representatives: Peter Brown, Partner, Liebert Cassidy Whitmore, Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Firefighters Association (CMFA), Costa Mesa Fire Management Association (CMFMA) 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Subdivision (a) of Section 54957.6, California Government Code Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA), Costa Mesa Police Association (CMPA) 3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Subdivision (a) of Section 54957.6, California Government Code Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA) 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Subdivision (a) of Section 54957.6, California Government Code Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Division Managers Association (CMDMA) Minutes — Regular Meeting — May 19, 2020 — Page 1 UNOFFICIAL UNTIL APPROVED 5. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Subdivision (a) of Section 54957.6, California Government Code Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Unrepresented Employees: Confidential Unit, Confidential Management Unit, Executive Employees, Part -Time Employees. 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code Robert Sharpnack v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01131375-CU-OE-CJC. 7. 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 6:30 p.m. CALL TO ORDER (00:00:12) The meeting was called to order by Mayor Foley at 6:30 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:45) Led by Council Member Genis MOMENT OF SOLEMN EXPRESSION (00:03:42) Reverend Sarah Halverson Cano, Fairview Community Church, Costa Mesa ROLL CALL (00:06:32) Present by Zoom: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: None CITY ATTORNEY CLOSED SESSION REPORT (00:07:15) — No reportable action. Minutes — Regular Meeting — May 19, 2020 — Page 2 UNOFFICIAL UNTIL APPROVED PRESENTATIONS: (00:07:21) 1. Ms. Farrell Harrison, City Manager provided an update on COVID-19. (00:07:34) 2. Mayor Foley provided a reStore Costa Mesa Economic Recovery Update. (00:13:53) PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: (00:23:03) Darrell White, Costa Mesa, followed up on email communications regarding COVID-19. (00:24:53) Susan Iwomoto, spoke on small business development center partnerships and business opportunity zones. (00:26:17) Robin Leffler, Costa Mesa, spoke on the Brown Act and the NB-6 item on the agenda. (00:30:14) Cynthia Lawrence, thanked City Council for their leadership, spoke on school fundraising opportunities. (00:33:42) Speaker, spoke in opposition to One Metro West. (00:35:40) Speaker, spoke on Public Records Requests. (00:40:19) Ms. Green, City Clerk, read into the record the following emails received for public comment: Marisa Wayne, wrote regarding opening local businesses. (00:41:45) Kara Pewthers, wrote regarding face masks. (00:43:33) Al Morelli, wrote regarding issues with Target as a neighbor. (00:47:05) Jeffrey Chon, wrote regarding reStore Costa Mesa and opening local businesses. (00:48:51) Heidi Rae, wrote regarding virtual graduation ceremonies. (00:50:07) Speaker, wrote regarding TCA and toll roads. (00:51:10) Michelle Schumacher, wrote regarding TCA and toll roads. (00:55:51) Gerald Caterina, wrote regarding opening restaurants early. (00:59:13) Angela Harju, wrote regarding opening parks. (01:00:06) Linda Kraemer, wrote regarding reStore Costa Mesa. (01:00:59) Minutes — Regular Meeting — May 19, 2020 — Page 3 UNOFFICIAL UNTIL APPROVED Speaker, wrote to thank City Council for their work during the pandemic. (01:01:30) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Mansoor spoke on opening up businesses faster, and requested an update on when City Hall will open. (01:03:45) Council Member Genis requested that the comments from Dianna be entered into One Metro West record, confirmed no public comments are missed during the meetings and are included in the record, spoke on Target and their lights, spoke to Estancia and Costa Mesa High Schools alumni to remember their schools, spoke on reStore Costa Mesa and opening businesses. (01:07:13) Council Member Reynolds spoke on opening businesses, the pandemic, May is bike month, and spoke on having a vision for the city. (01:10:48) Council Member Chavez spoke on a pothole on Victoria Street, an abandoned couch on Wilson, provided an update on the census, and spoke on reopening businesses. (01:17:39) Council Member Marr spoke on all the hard work happening to open the city and businesses safely. (01:20:24) Mayor Pro Tern Stephens reported on the parks and golf courses that are opening up, and spoke on the progress happening across the city. (01:23:37) Mayor Foley thanked Council Members Reynolds, Chavez, and Genis for their work opening up parks, spoke on the tennis center opening, overflowing trash cans, completing the Census, getting people back to work, a paycheck protection program, the Town Hall meeting on May 21, 2020, and thanked businesses for donations. (01:29:26) REPORT — CITY MANAGER (01:36:06) - NONE REPORT — CITY ATTORNEY — Ms. Hall Barlow responded to the public comment regarding the Brown Act and the NB-6 item and stated no violation, and spoke on opening up Costa Mesa while maintaining State and Federal orders. (01:36:11) CONSENT CALENDAR: (Items 1-5) (01:39:17) MOVED/SECOND: Council Member Genis/Mayor Pro Tern Stephens MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 5. 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 Minutes — Regular Meeting — May 19, 2020 — Page 4 UNOFFICIAL UNTIL APPROVED 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: Julio Hernandez Colocho, Norma Hernandez, Maria Recinos, Jonathan Rodriguez ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO.2641 ACTION: City Council approved Warrant Resolution No. 2641 of the City Council of the City of Costa Mesa, California, allowing certain claims and demands, including Payroll Register Nos. 20-08 "A" for-$646.15 and 20-09 for $2,543,877.03; and City operating expenses for $1,756,535.28. 4. ACCEPTANCE OF 2019 PROPOSITION 69 FUNDS ACTION: 1. City Council adopted Resolution 2020-20, which authorizes the acceptance of the 2019 Proposition 69 funds and authorizes the City Manager or designee to accept the funds in the amount of $107,885.00. 2. Approved a budget adjustment appropriating $107,885.00 from the Proposition 69 funds to the Police Department budget for the specified purpose. 5. INTERSECTION SAFETY LIGHTING PROJECT — CITY PROJECT NO. 17-15 ACTION: 1. City Council accepted the work performed by Express Energy Services, Inc., 10610 Humbolt Street, Los Alamitos, CA 90720 and authorized the City Clerk to file the Notice of Completion. 2. Released the Labor and Material Bond and the Faithful Performance Bond immediately after the Notice of Completion filing date. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- Minutes — Regular Meeting — May 19, 2020 — Page 5 UNOFFICIAL UNTIL APPROVED PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) 1. PUBLIC HEARING FOR 2020-2024 CONSOLIDATED PLAN, INCLUDING FISCAL YEAR 2020-2021 FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND 2020-2024 ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (01:41:27) Staff presentation by Ms. Bouwens-Killeen, Zoning Administrator and Mr. Linares, CDBG/Home Coordinator. Discussion ensued on additional funding, tenant based rental programs, housing rehabilitation, and homeless assistance. Public Comments: Susan Iwomoto, spoke on Opportunity Zone Block Grant money. (02:10:36) The Kennedy Commission, wrote regarding this item. (02:12:06) Ms. Green, City Clerk, played a voicemail received from Community Senior Sery regarding this item. (02:15:48) MOVED/SECOND: Mayor Pro Tern Stephens/Mayor Foley MOTION: Approve the recommended actions with the exception of the allocation between the housing rehabilitation and Tenant Based Rental Assistance, and proposed the allocation of $200,000 instead of $275,000 for the housing rehabilitation and $150,000 instead of $75,000 for the Tenant Based Rental Assistance (TBRA). 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 held a Public Hearing regarding the 2020-2024 Consolidated Plan, including the 2020-2021 Annual Action Plan and the 2020-2024 Orange County Analysis of Impediments to Fair Housing Choice. 2. Approved the recommended allocation of $1,136,657 for the Fiscal Year 2020-2021 Community Development Block Grant. Minutes — Regular Meeting — May 19, 2020 — Page 6 UNOFFICIAL UNTIL APPROVED 3. Approved the recommended allocation of $505,820 for the Fiscal Year 2020-2021 HOME Investment Partnerships Grant, with the change in allocation of $200,000 for housing rehabilitation and $150,000 for the Tenant Based Rental Assistance (TBRA). 4. Adopted Resolution No. 2020-21 in order to: Approve the 2020-2024 Consolidated Plan including the 2020-2021 Annual Action Plan. Approve the 2020-2024 Orange County Analysis of Impediments to Fair Housing Choice. Authorize the City Manager, or the City Manager's designee, to submit the 2020-2024 Consolidated Plan, including the 2020-2021 Annual Action Plan, to the U.S. Department of Housing and Urban Development. OLD BUSINESS: NONE City Council recessed into a break at 8:52 p.m. City Council reconvened at 9:00 p.m. NEW BUSINESS: 1. APPROVE THE LAUNCH OF AN EMERGENCY SMALL BUSINESS LOAN PROGRAM IN PARTNERSHIP WITH SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AND MAIN STREET LAUNCH, A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION (CDFI) (02:22:26) Staff presentation by Mr. Inloes, Economic Development Administrator. Discussion ensued funding sources, stop gap funding, micro lender platforms, lender resources on the website, and donation platforms. Public Comments: Susan Iwomoto, spoke regarding this item. (03:05:30) MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Approve the recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Genis, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor Foley Nays: Council Member Mansoor Absent: None Abstain: None Motion carried: 6-1 Minutes — Regular Meeting — May 19, 2020 — Page 7 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council authorized the creation of an Emergency Small Business Loan Program in partnership with Small Business Development Center (SBDC) and Main Street Launch CDFI, a Community Development Financial Institution (CDFI). 2. Authorized the City Manager to execute an agreement, in a form approved by the City Attorney, with Main Street Launch with a total cost cap of 15 percent of deployed capital as an administrative fee for the complete management of the initial deployment of the funds in response to COVID-19 and negotiate an appropriate interest rate increase for an ongoing City of Costa Mesa's Emergency Small Business Loan Program for the administration cost of future loans. 3. Authorized the City Manager to work with HUD and EDA representatives to apply for funding options from the CARES ACT for the City of Costa Mesa's Emergency Small Business Loan Program. 4. Approved the allocation of $250,000 for the creation of an Emergency Small Business Loan Program fund from either CDBG CV funds or the General Fund. 5. Approved the establishment of a donation platform managed by Main Street Launch CDFI to receive funds to boost the total fund amount. 2. PRE -EMPLOYMENT BACKGROUND INVESTIGATION SERVICES (03:11:45) Staff presentation by Ms. Lee, Acting Human Resources Manager. Public Comments: None. MOVED/SECOND: Council Member Reynolds/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 Minutes — Regular Meeting — May 19, 2020 — Page 8 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council approved Professional Services Agreements with Sunset Detectives, RCS Investigations and Consulting, LLC and Beard Investigative Services, LLC in the aggregate annual not -to -exceed amount of $100,000, to provide pre -employment background investigation services for the City on an as -needed basis. 2. Authorized the City Manager and the City Clerk to execute the agreements and future amendments to the agreements within Council -authorized limits. 3. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB FOR SENIOR TRANSPORTATION PROGRAMS (03:15:10) Staff presentation by Ms. Aguilar, Acting Parks and Community Services Director. Discussion ensued on cost and options for bringing transportation services in house. Public Comments: None. MOVED/SECOND: Council Member Chavez/Council Member Reynolds 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 Tem Stephens, and Mayor Foley Nays: None Absent: None Abstain: None Motion carried: 7-0 ACTION: 1. City Council approved a Professional Services Agreement (PSA), in an amount not -to -exceed $197,020, with Cabco Yellow, Inc. dba California Yellow Cab for the Senior Transportation Programs (STP) for an initial term of June 1, 2020 through December 31, 2020, with an option to extend the agreement for an additional six-month period through June 30, 2021. 2. Approved a ten percent (10%) contingency, totaling $19,700, if needed. 3. Authorized the City Manager to approve minor changes to the PSA. 4. Authorized the City Manager and City Clerk to execute the PSA and future amendments to the agreement within Council -authorized limits. Minutes — Regular Meeting — May 19, 2020 — Page 9 UNOFFICIAL UNTIL APPROVED 4. 5. APPROVAL OF RETAINER AGREEMENT FOR LEGAL SERVICES WITH HAYNES AND BOONE, LLC (03:24:06) Staff presentation by Ms. Hall Barlow, City Attorney. Public Comments: None. MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Marr 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 approved the proposed Retainer Agreement with Haynes and Boone, LLP for legal services in connection with the case Pacific Shores, LLC v. City of Costa Mesa, United States District Court Case No. 8:18-cv-01170. 2. Authorized the City Manager and City Clerk to execute the Retainer Agreement and future authorized amendments to the Agreement and the City Attorney to take necessary steps to associate Haynes and Boone as co -counsel in the legal matters. 3. Authorized the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non -Departmental in the Adopted FY 2019-20 Budget from unassigned fund balance in the General Fund for attorneys' services, if needed, to represent the City in this case through completion. FISCAL YEAR 2020-21 PRELIMINARY GENERAL FUND REVENUE AND EXPENDITURE ESTIMATES AND OVERVIEW (03:27:25) Staff presentation by Ms. Molina, Acting Finance Director. Discussion ensued on sales tax revenue, balancing efforts, disaster funds, TOT, budgeted positions, vacancy factors, CAN Ordinance, CAN funds and projects, and IT replacement. Public Comments: Al Melone, wrote in regards to this item. (04:36:08) Wendy Leece, thanked Ms. Farrell Harrison for her work as Chair of the City Manager's group, and spoke on this item. (04:39:59) Minutes — Regular Meeting — May 19, 2020 — Page 10 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Mayor Foley/Council Member Chavez MOTION: Approve the 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: Council Member Mansoor Absent: None Abstain: None Motion carried: 6-1 ACTION: City Council discussed the Preliminary FY 2020-21 General Fund Revenue and Expenditure Estimates and projected COVID-19 fiscal impacts. 2. Approved the option to reduce the General Fund contribution to Capital Projects to be less than the combined 5.0% of the General Fund budgeted revenues required by the Capital Asset Needs (CAN) Ordinance. 3. Approved the option to defer the General Fund contribution to the Information Technology Fund of 1.5% of the General Fund budgeted revenues by six months to January 1, 2021. 4. Approved the prepayment of the City's annual Unfunded Accrued Liability payment to CalPERS resulting in $727,000 in savings to the FY 2020-21 Budget. 5. Approved the use of a portion of the City's General Fund Economic and Declared Disaster Reserves in the development of the FY 2020-21 Proposed Budget to continue providing essential services during the COVID-19 pandemic. City Council recessed into a break at 11:31 p.m. City Council reconvened at 11:37 p.m. 6. POSSIBLE BALLOT MEASURES FOR NOVEMBER 3, 2020 GENERAL ELECTION (04:52:29) Staff presentation by Mr. Curtis, Economic and Development Services Director. Discussion ensued on the process if the measure fails, cost and timeframe of polling, quotes, clarifying that any modifications need to go to the voters, the timeframe for adding measures on the ballot, changing zoning and specific plans regarding shelter, and Measure Y analysis. Minutes — Regular Meeting — May 19, 2020 — Page 11 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Extend the meeting past midnight. 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 Public Comments: Speaker, spoke in opposition of changing Measure Y. (05:27:58) Dianna Denny, spoke in opposition of changing Measure Y. (05:30:29) Marcus Beech, spoke in support of changing Measure X. (05:34:06) Jay Humphrey, Costa Mesa, spoke on Measure Y. (05:37:41) Cynthia McDonald, Costa Mesa, spoke on RHNA, SB 35, and in opposition of changing Measure Y. (05:41:13) Peter Whittingham, spoke in support of changing Measure X. (05:43:30) Wendy Leece, Costa Mesa, spoke in opposition of changing Measure Y. (05:45:55) Speaker, spoke in opposition of changing Measure Y. (05:49:14) John Hannah, spoke on options for changing Measure Y. (05:51:43) Ms. Green, City Clerk and Ms. Bennett, Deputy City Clerk read into the record the following public comments related to this item. (05:55:29) Ken Rhea, wrote in opposition to changing Measure Y. Laurel Golden, wrote in opposition to changing Measure Y. Kim Hendricks, wrote in opposition to changing Measure Y. Marilyn and Bob Wright, wrote in opposition to changing Measure Y. Matthew Nathaniel, wrote in support of changing Measure X. Michael Moussalli, wrote in support on changing Measure X. Steven LaMotte, Building Industry Association of Southern California, Inc., wrote in support to further analyze and possibly consider changes to Costa Mesa's Measure Y. Minutes — Regular Meeting — May 19, 2020 — Page 12 UNOFFICIAL UNTIL APPROVED Jason Bates, wrote in opposition to changing Measure Y. Jason Thesing, wrote in opposition to changing Measure Y. Andrew Predroza, wrote in opposition to changing Measure Y. Kristal Baisch, wrote in opposition to changing Measure Y. Tricia Wilkinson, wrote in opposition to changing Measure Y. Kenneth Stahl, wrote regarding options for changing Measure Y. Cassius Rutherford, wrote on Costa Mesa's housing needs, and support for changing Measure Y. Daniel Morgan, Raquel Jan, Bill Shopoff, Garrett Johnson, Erin Marlin, Randy Wahler, Michael Gregg, Zach Brown, Janet Kellogg, Huachen Bai, Jordan Johnson, Anne Cassingham, Corey Gulbranson all wrote in support of changing Measure Y. Eileen Benjamin, Chamber of Commerce, wrote in support of changing Measure Y. Christine Nolf, wrote in support of changing Measure Y. Speaker, wrote in opposition to changing Measure Y. Robin Leffler, wrote in opposition to changing Measure Y. Speaker, wrote in support of changing Measure Y. Naveed Anwar, representing The Cheese Shop, wrote in support of changing Measure Y. Dianne Russell, wrote in support of changing Measure Y. MOVED/SECOND (06:24:53): Council Member Marr/Council Member Genis MOTION: Continue New Business Item No. 6 and New Business Item No. 7 to either the following Tuesday or the Council meeting after that based on the City Manager's recommendation. SUBSTITUTE MOVED/SECOND (06:25:29): Council Member Chavez SUBSTITUTE MOTION: To finish New Business Item No. 6 and continue New Business Item No. 7 to the following Tuesday. The motion fails for lack of a second. Ms. Hall Barlow, City Attorney provided options for continuing the items. Discussion ensued on continuing New Business Item Nos. 6 and 7, timelines for the fireworks item, and timelines for Measure Y. Minutes — Regular Meeting — May 19, 2020 — Page 13 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (06:31:54): Council Member Chavez/Mayor Pro Tern Stephens MOTION: Direct staff to bring back a ballot initiative regarding home delivery and retail dispensaries and to work with HDL regarding zoning and tax options. Council Member Genis spoke on the motion. SUBSTITUTE MOVED/SECOND (06:34:29): Council Member Reynolds/Council Member Marr SUBSTITUTE MOTION: Direct staff to pursue market research or polling to shape a ballot initiative related to potential recommendations on Measure X. Discussion ensued regarding including the substitute motion into the original motion. Council Member Reynolds requested the maker of the original motion to include the market research and polling regarding Measure X. ORIGINAL MOVED/SECOND (06:31:54): Council Member Chavez/Mayor Pro Tern Stephens ORIGINAL MOTION: Direct staff to bring back a ballot initiative regarding home delivery and retail dispensaries and to work with HDL regarding zoning and tax options and directed staff to pursue market research or polling to shape a ballot initiative related to potential recommendations on Measure X. 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 ballot initiative regarding home delivery and retail dispensaries and to work with HDL regarding zoning and tax options and directed staff to pursue market research or polling to shape a ballot initiative related to potential recommendations on Measure X. MOVED/SECOND (06:46:52): Council Member Marr/Council Member Genis MOTION: Adjourn the current meeting and continue Measure Y and New Business Item No. 7 to Tuesday, May 26, 2020 at 6:00 p.m. Discussion ensued on the time of the adjourned regular meeting on Tuesday, May, 26, 2020. Minutes — Regular Meeting — May 19, 2020 — Page 14 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (06:46:52): Council Member Marr/Council Member Genis MOTION: Adjourn the current meeting and continue Measure Y and New Business Item No. 7 to Tuesday, May 26, 2020 at 4:00 p.m. 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 adjourned the current meeting and continued Measure Y and New Business Item No. 7 regarding fireworks to Tuesday, May 26, 2020 at 4:00 p.m. ADJOURNMENT (06:50:41) — The meeting was adjourned to an Adjourned Regular Meeting of the Costa Mesa City Council to be held on Tuesday, May 26, 2020 at 4:00 p.m. to be held via Zoom webinar. Minutes — Regular Meeting — May 19, 2020 — Page 15 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2nd day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Regular Meeting — May 19, 2020 — Page 16 UNOFFICIAL UNTIL APPROVED MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAY 26, 2020 CALL TO ORDER (00:15:39) - The meeting was called to order by Mayor Foley at 4:01 p.m. via Zoom webinar. PLEDGE OF ALLEGIANCE — Led by Council Member Marr. ROLL CALL (00:16:28) Present by Zoom: Council Member Chavez, Council Member Genis, Council Member Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: None NEW BUSINESS: 1. CONTINUED ITEM - POSSIBLE BALLOT MEASURES FOR NOVEMBER 3, 2020 GENERAL ELECTION (00:17:11) MOVED/SECOND (00:17:47): Mayor Pro Tern Stephens/Mayor Foley MOTION: Receive and file the report related to Measure Y. 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 file the report related to Measure Y. Minutes — Adjourned Regular Meeting — May 26, 2020 — Page 1 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (00:31:26): Council Member Marr/Council Member Chavez MOTION: To create Citizens Advisory Committee with the goal of looking for opportunities to further Economic Development through potential amendments to Measure Y. Mayor Foley requested the maker of the motion revise the goal of the committee to create a vision for economic development in the city which may or may not include Measure Y. The maker of the motion and second agreed to the change. Discussion ensued on Measure Y and forming a committee. MOVED/SECOND (00:31:26): Council Member Marr/Council Member Chavez MOTION: To explore creating a Citizens Advisory Committee with the goal of looking for opportunities to further Economic Development through potential amendments to Measure Y and bring back to City Council with a recommendation. 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 Abstain: None Motion carried: 6-0-1 2. CONTINUED ITEM - EMERGENCY LIMITATIONS ON SALE AND USE OF SAFE AND SANE FIREWORKS (01:01:54) Staff presentation by Ms. Farrell Harrison, City Manager. Discussion ensued on concern for fund raising, having fewer volunteers during the pandemic, social distancing, calls for service, illegal fireworks, additional staff for enforcement, impacts on elderly and animals, making protocols mandatory, block parties, exterior signage, and waivers. Public Comment: Brian Harris, spoke on the item and agreed with waiver. (01:54:28) Tom Fillmore, spoke on the item and being safe. (01:58:37) Jay Humphrey, spoke on the item. (02:02:59) Thomas Carroll, spoke on the item. (02:06:44) Stephanie Joyce, spoke on the importance of the sale of fireworks while also not spreading COVID-19. (02:09:11) Minutes — Adjourned Regular Meeting — May 26, 2020 — Page 2 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (02:10:55): Mayor Pro Tern Stephens/Council Member Mansoor MOTION: Adopt the safety recommendations from staff and make them mandatory, retain the previous days of sales of fireworks being June 30, 2020 through July 4, 2020 and retain previous days of using fireworks being July 2, 2020 through July 4, 2020. Mayor Foley requested the maker of the motion include the indemnification waiver as a requirement and that the vendors supply all PPE and sanitation products. The maker of the motion and second agreed to the change. MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Mansoor MOTION: Adopt the safety recommendations from staff and make them mandatory, retain the previous days of sales of fireworks being June 30, 2020 through July 4, 2020 and retain previous days of using fireworks being July 2, 2020 through July 4, 2020, and include the indemnification waiver as a requirement and that the vendors supply all PPE and sanitation products. The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Mansoor, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley Nays: Council Member Marr Absent: None Abstain: Council Member Chavez as his internet connection was lost and he was not a part of the discussion. Motion carried: 5-1-1 ACTION: 1. City Council determined the City will allow sale and discharge of Safe and Sane Fireworks during this public health emergency. 2. Approved a one-time modification to rules regarding sale and use of Safe and Sane Fireworks to: A. Revised operation of Safe and Sane Fireworks Booths to require appropriate distancing between booths, social distancing and protective measures as recommended to limit the spread of COVID-19. B. Limited the dates for sale of Safe and Sane Fireworks in the City from June 30, 2020 through July 4, 2020. C. Limited the date of allowable discharge of Safe and Sane Fireworks in the City from July 2, 2020 through July 4, 2020. 3. Requiring an indemnification waiver and that the vendors will supply all PPE and sanitation supplies. Minutes — Adjourned Regular Meeting — May 26, 2020 — Page 3 UNOFFICIAL UNTIL APPROVED 3. FISCAL YEAR 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AND FIVE YEAR (20-21 TO 24-25) CIP (02:30:21) Staff presentation by Mr. Sethuramen, Public Services Director. Discussion ensued on grant funding for Adams Street improvements, Mesa Verde and Placentia needing work, defining "temporary reduction", if there will be more cuts, the cost of design, state funding, and keeping the CIP program up to date on the website. Public Comment: Susan Iwomoto, spoke on looking at Opportunity Zone funding. (03:17:41) MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve recommended action. 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 provided direction on the Fiscal Year 2020-21 Preliminary Capital Improvement Program (CIP) Budget and the Five-year (20-21 to 24-25) CIP. ADJOURNMENT (03:28:39) Mayor Foley adjourned the meeting at 7:15 p.m. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Adjourned Regular Meeting — May 26, 2020 — Page 4 UNOFFICIAL UNTIL APPROVED MINUTES OF THE CITY OF COSTA MESA CITY COUNCIL STUDY SESSION TUESDAY, NOVEMBER 10, 2020 CALL TO ORDER (00:00:12) - The Study Session was called to order by the Mayor at 5:02 p.m. via Zoom Webinar. ROLL CALL (00:00:23) Present by Zoom: Council Member Chavez, Council Member Genis (Arrived at 5:05 p.m.), Council Member Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley. Absent: None STUDY SESSION ITEMS: (00:01:03) 1. FAIRVIEW PARK WETLANDS HABITAT AND MOSQUITO ABATEMENT UPDATE — Parks and Community Services Department Staff presentation by Ms. D'Agosta, Fairview Park Administrator. Public Comments: Bill Turpit presented a PowerPoint presentation on Fairview Park. (00:16:43) Kim Hendricks, Costa Mesa, spoke on Fairview Park. (00:31:56) Stephanie Remington, spoke on bats, maintenance, and the Endemic contract. (00:34:54) Mr. Cummings, Orange County Vector Control, spoke on bats and controlling mosquitos. Discussion ensued on Fairview Park, spending on maintenance, mosquitos, and maintenance timelines. ACTION: City Council received and filed the update regarding the Fairview Park Wetlands and mosquito abatement. ADJOURNMENT (01:12:48) — Mayor Foley adjourned the Study Session at 6:22 p.m. Minutes —Study Session — November 10, 2020 — Page 1 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes —Study Session — November 10, 2020 — Page 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY DECEMBER 15, 2020 CALL TO ORDER - The Closed Session meeting was called to order by Mayor Pro Tern Marr at 4:03 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 4:10 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 Bernede v. Costa Mesa (Schaefer), OCSC Case No. 30-2019-01041552-CU-PO- CJC 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al., OCSC Case No. 30-2020-01170520-CU-OR-CJC 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code D'Alessio Investments LLC v. City of Costa Mesa, OCSC Case No.30-2020- 01132646 (Court of Appeal Case No. G059548) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code D'Alessio Investments LLC v. City of Costa Mesa, OSSC Case No. 30-2019- 011004872 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code D'Alessio Investments LLC v. City of Costa Mesa, OSSC Case No.30-2019- 01104908 Minutes — Closed Session — December 15, 2020 — Page 1 UNOFFICIAL UNTIL APPROVED 6. 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 5:36 p.m. and no reportable action. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Closed Session — December 15, 2020 — Page 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TUESDAY, DECEMBER 15, 2020 - 6:00 P.M. CALL TO ORDER (00:00:12) - The regular meeting was called to order by Mayor Foley at 6:03 p.m. via Zoom webinar. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:31) Led by Council Member Chavez MOMENT OF SOLEMN EXPRESSION (00:03:24) Pastor Phil Eyskens, Lighthouse Community Church, Costa Mesa ROLL CALL (00:08:14) 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. Absent: None CITY ATTORNEY CLOSED SESSION REPORT (00:08:41) — No reportable action. PRESENTATIONS: (00:09:22) 1. Mayor Foley spoke on the LEED Cities and Communities Recognition. (00:09:26) 2. Mayor Foley presented a Proclamation for Arbor Day. (00:19:00) PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA: (00:21:29) Rachel Potucek, spoke in support of Mayor Foley running for County Supervisor. (00:22:17) Speaker, spoke on issues with Smart n Final. (00:23:15) Cynthia McDonald, Costa Mesa, spoke on safe streets and the death of a 12-year-old boy in a traffic accident. (00:26:49) Speaker, spoke on issues with Smart n Final, and freedom of speech and editing videos. (00:29:03) Steven Chan, Costa Mesa, spoke on issues with Smart n Final. (00:32:17) Flo Martin, Costa Mesa, spoke in support of Mayor Foley running for County Supervisor. (00:36:41) Minutes — Regular Meeting — December 15, 2020 — Page 1 UNOFFICIAL UNTIL APPROVED Speaker, spoke on issues with Smart n Final. (00:37:53) Cynthia Blackwell, spoke in support of Mayor Foley running for County Supervisor. (00:39:36) Jose Trinidad Castaneda, thanked leadership for their work during COVID-19 and spoke in support of Community Choice Energy. (00:40:59) Rebecca Mantei, Costa Mesa, spoke on Code Enforcements issues with open businesses. (00:43:16) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds thanked staff for the agenda, and spoke on safe streets and the death of a 12-year-old boy in a traffic accident. (00:47:44) Council Member Chavez requested a report from staff on Smart n Final. (00:55:16) Council Member Gameros spoke on the death of a 12-year-old boy in a traffic accident. (01:03:10) Council Member Harlan spoke on taking time to slow down and be grateful, wished a Happy Hanukkah, and spoke on taking COVID-19 precautions. (01:04:26) Council Member Harper spoke on the death of a 12-year-old boy in a traffic accident, wished a Merry Christmas, and spoke on city finances. (01:06:21) Mayor Pro Tern Marr spoke on the LEED Award, requested a report from the Energy and Sustainability Manager on other projects, spoke on Smart n Final issues, and on COVID- 19 precautions. (01:10:45) Mayor Foley thanked Mayor Pro Tern Man, for her work, spoke on COVID-19, safe streets, do not drink and drive, and closing the meeting in honor of Noel Bascon, Kim Folsom, and Jay Kelly. (01:15:46) REPORT — CITY MANAGER (01:21:39) — Ms. Farrell Harrison provided a COVID-19 update, spoke on the LEED cities recognition, and the AA+ credit rating. Fire Chief Stefano, spoke on the Spark of Love toy drive and spoke on COVID-19 numbers. REPORT — CITY ATTORNEY (01:51:41) - Ms. Hall Barlow reported on the Community Choice Energy Agreement, the pandemic emergency orders, and grants. Minutes — Regular Meeting — December 15, 2020 — Page 2 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR: (Items 1-9) (01:58:18) MOVED/SECOND: Council Member Chavez/Mayor Pro Tern Marr MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 9. 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 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: Mariela Burket, Daniela Mowery, and Linsy Yang. ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO.2651 — Finance Department ACTION: City Council approved Warrant Resolution No. 2651 of the City Council of the City of Costa Mesa, California, allowing certain claims and demands, including Payroll Register Nos. 20-23 "A" for-$3,849.22 and 20-24 for $2,451,159.81; and City operating expenses for $5,891,336.88. 4. MINUTES - City Manager's Office/City Clerk's Division ACTION: City Council Approved the Study Session Minutes of October 13, 2020, Regular Minutes of December 1, 2020, and Emergency Minutes of December 5, 2020. 5. TERMINATION OF THE JOINT EXERCISE OF POWERS AGREEMENT AND DISSOLUTION OF THE JOINT POWERS EMPLOYEE BENEFIT AUTHORITY City Manager's Office/Human Resources Division ACTION: City Council adopted Resolution No. 2020-61 to terminate the Joint Exercise of Powers Agreement and dissolve the Joint Powers Employee Benefit Authority (JPEBA), effective June 30, 2021. Minutes — Regular Meeting — December 15, 2020 — Page 3 UNOFFICIAL UNTIL APPROVED 6. MEASURE M2 EXPENDITURE REPORT Public Services Department/Transportation Services ACTION: City Council adopted Resolution No. 2020-64, approving the Measure M2 Expenditure Report and authorizing staff to submit the report to OCTA. 7. RECOGNIZE GRANT FUNDS FOR THE TIER 1, ENVIRONMENTAL CLEANUP PROGRAM GRANT AND APPROVE BUDGET ADJUSTMENT FOR THE CONNECTOR PIPE SCREEN INSTALLATION PHASE III PROJECT Public Services Department/Engineering Division ACTION: 1. City Council accepted grant funds from the Orange County Transportation Authority (OCTA), Environmental Cleanup Program (ECP), Tier 1 program in the amount of $107,326.80 and accepted the grant funds upon the City's request for reimbursement after the project's completion. 2. Approved Budget Adjustment in the amount of $107,326.80 to appropriate the awarded ECP grant funds for the Connector Pipe Screen Installation Phase III project. 8. CALRECYCLE COMPETITIVE GRANT PROGRAM AUTHORIZATION Public Services Department ACTION: City Council adopted Resolution No. 2020-65: 1. Authorizing City staff to submit applications for CalRecycle Beverage Container Recycling Grant Program, for which the City is eligible. 2. Authorizing the City Manager or designee with signature authority to execute all required documents and appropriate, if awarded, to implement the program. 9. DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2020 - Finance Department ACTION: City Council received and filed the Development Impact Fees Annual Report for the Fiscal Year ended June 30, 2020. Minutes — Regular Meeting — December 15, 2020 — Page 4 UNOFFICIAL UNTIL APPROVED PUBLIC HEARINGS: (02:00:47) 1. EXTENSION OF A MORATORIUM (ORDINANCE NO.2020-17) AS AN INTERIM URGENCY MEASURE TO PROHIBIT OR LIMIT THE OPERATION OF SHORT TERM RENTALS WITHIN ALL ZONING DISTRICTS IN THE CITY OF COSTA MESA (02:00:53)— Development Services Department/Planning Division Presentation by Ms. Le, Acting Economic and Development Services Director. Discussion ensued on home sharing, ADU's, permit process, grandfather clause, temporary prohibition, enforcement process, tools for enforcement, and property owners being on site. Public Comments: Danielle Wilson, Hotel Workers Union, spoke in support of the moratorium. (02:42:17) Speaker, spoke against the moratorium. (02:43:57) David Natker, Hotel Workers Union, spoke in support of the moratorium. (02:46:11) Bob and Carol Miller, spoke on allowing home sharing and not punishing those who follow the rules. (02:47:35) Austin Lynch, spoke in support of the moratorium. (02:49:16) Eric Roberts, spoke on allowing home sharing and not punishing those who follow the rules. (02:51:47) Gabe Browne, spoke against on the moratorium. (02:54:59) Speaker, spoke in support of the moratorium. (02:58:24) Kaitlyn Root, spoke in support of the moratorium. (03:01:14) Celine Miller, Costa Mesa, spoke in support of home sharing. (03:03:26) Tho Tran, Costa Mesa, spoke in support of home sharing. (03:06:51) Thomas Melum, Costa Mesa, spoke in support of home sharing. (03:10:19) Benedicte Bradford, Costa Mesa, spoke in support of home sharing. (03:12:04) Audrey Huynh, Costa Mesa, spoke in support of home sharing. (03:15:00) Kyle Circle, Costa Mesa, spoke in support of home sharing. (03:18:39) Flo Martin, Costa Mesa, spoke in support of the moratorium. (03:21:50) Minutes — Regular Meeting — December 15, 2020 — Page 5 UNOFFICIAL UNTIL APPROVED Michael Segerblom, Costa Mesa, spoke on enforcement. (03:23:52) Speaker, spoke against on the moratorium. (03:27:34) Paolah Lima, Costa Mesa, spoke in support of the moratorium. (03:29:13) Jaime Gomez, Costa Mesa, spoke in support of the moratorium. (03:31:11) Chris Kerins, Costa Mesa, spoke against the moratorium. (03:33:27) Glen Frank, Costa Mesa, spoke on a problem house in the Brentwood neighborhood. (03:37:43) Josephine Burrmann, Costa Mesa, spoke on focusing on the party rentals. (03:42:32) Carly Kirchen, spoke in support of the moratorium. (03:44:51) Dave Farrage, Costa Mesa, spoke against the moratorium. (03:50:23) Susan Theran, Costa Mesa, spoke in support of the moratorium. (03:52:39) Marabella, Costa Mesa, spoke in support of the moratorium. (03:58:33) Virginia Perez, Costa Mesa, spoke in support of the moratorium. (03:59:22) Speaker, spoke against the moratorium. (04:02:32) Cynthia Lawrence, Costa Mesa, spoke in support of the moratorium. (04:03:23) Lynn Handy, Costa Mesa, spoke in support of the moratorium. (04:06:34) Speaker, spoke in support of the moratorium and on enforcement. (04:08:42) Speaker, spoke against the moratorium. (04:11:36) Tim Taber, spoke on exempting owner occupied Short Term Rentals. (04:15:16) Paul Harker, spoke against the moratorium. (04:16:36) Speaker, spoke in support of owner occupied Short Term Rentals. (04:19:37) City Council recessed into a break at 10:28 p.m. City Council reconvened at 10:36 p.m. Minutes — Regular Meeting — December 15, 2020 — Page 6 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (04:25:38): Mayor Pro Tern Marr/Council Member Harlan MOTION: Approve the staff recommendation with the following change: exempting home -sharing that any and all such existing or future home sharing use or uses shall not be considered legally non -conforming, that such uses be subject to any and all other applicable provisions of the Costa Mesa Municipal Code and/or other law, that this exemption be construed narrowly, to maintain the status quo of no affirmative regulation for home -sharing STR's in existence as of December 1, 2020, and it is not the intent of the Ordinance to otherwise make home -sharing a legal and/or a permitted use. Mayor Pro Tern Marr spoke to the motion. Council Members Chavez and Harlan spoke on supporting the motion. Council Member Harper requested the maker of the motion to also exempt property owners that are not onsite. Mayor Pro Tern Marr did not agree to the change. Council Member Gameros requested the maker of the motion to exempt property owners that are not onsite but only leave occasionally. Mayor Pro Tern Marr did not agree to the change. SUBSTITUTE MOTION/SECOND (05:03:33): Council Member Reynolds/Council Member Harper SUBSTITUTE MOTION: Approve recommended actions and strike the requirement of "physically present" for the owner occupied home share rentals. Discussion ensued on exempting owner occupied rentals already home sharing as of December 1, 2020. Council Member Reynolds withdrew her motion. SUBSTITUTE MOTION/SECOND (05:17:04): Council Member Reynolds/Council Member Harper SUBSTITUTE MOTION: Approve recommended actions with the changes including limiting the days of the rental or the number of adults present during the rental. The motion failed by the following roll call vote: Ayes: Council Member Gameros, Council Member Harper, and Council Member Reynolds. Nays: Council Member Chavez, Council Member Harlan, Mayor Pro Tern Marr, and Mayor Foley. Absent: None Motion failed: 3-4 Minutes — Regular Meeting — December 15, 2020 — Page 7 UNOFFICIAL UNTIL APPROVED ORIGINAL MOTION/SECOND (05:19:02): Mayor Pro Tern Marr/Council Member Harlan ORIGINAL MOTION: Approve the staff recommendation with the following change: exempting home -sharing that any and all such existing or future home sharing use or uses shall not be considered legally non -conforming, that such uses be subject to any and all other applicable provisions of the Costa Mesa Municipal Code and/or other law, that this exemption be construed narrowly, to maintain the status quo of no affirmative regulation for home -sharing STR's in existence as of December 1, 2020, and it is not the intent of the Ordinance to otherwise make home -sharing a legal and/or a permitted use. The motion failed by the following roll call vote: Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: Council Member Gameros and Council Member Harper. Absent: None Motion failed: 5-2 (Urgency Ordinance requires a 4/5th vote). REVOTE OF THE ORIGINAL MOTION/SECOND (05:21:40): Mayor Pro Tern Marr/Council Member Harlan ORIGINAL MOTION: Approve the staff recommendation with the following change: exempting home -sharing that any and all such existing or future home sharing use or uses shall not be considered legally non -conforming, that such uses be subject to any and all other applicable provisions of the Costa Mesa Municipal Code and/or other law, that this exemption be construed narrowly, to maintain the status quo of no affirmative regulation for home -sharing STR's in existence as of December 1, 2020, and it is not the intent of the Ordinance to otherwise make home -sharing a legal and/or a permitted use. 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 ACTION: 1. City Council found that the Ordinance No. 2020-20 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment. 2. Adopted the Report of the City Council: Extension of Urgency Ordinance 2020- 17 as the Report of the City Council describing the measures taken to alleviate the condition which led to the adoption of the Moratorium pursuant to Government Code Section 65858. 3. Introduced and adopted as an interim urgency measure Ordinance No. 2020-20 that extends the Moratorium enacted by Ordinance No. 2020-17 for a period of 10 months and 15 days to expire on November 10, 2021, unless otherwise extended. The Moratorium prohibits the establishment and/or operation of STRs Minutes — Regular Meeting — December 15, 2020 — Page 8 UNOFFICIAL UNTIL APPROVED within all zoning districts of the City of Costa Mesa for the protection of the public health, safety and welfare pursuant to Government Code Section 65858, exempting owner occupied home -sharing from the moratorium in existence as of December 1, 2020. MOVED/SECOND (05:24:41): Mayor Foley/Mayor Pro Tern Marr MOTION: Move up New Business item #2 to be heard before Public Hearing item #2. 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 NEW BUSINESS: 2. COVID-19 SMALL BUSINESS BRIDGE GRANT PROGRAM (05:25:44) Development Services Department/Economic Development Presentation by Mr. Inloes, Economic Development Administrator. Public Comments: Mr. Roberts, Costa Mesa, spoke in support of the item. (05:39:48) Dan Bradley, Memphis, spoke in support of the item. (05:40:28) Jimmy Vivar, owner of a salon, spoke on implementing the program on an as needed basis. (05:43:59) MOVED/SECOND (05:47:26): Council Member Reynolds/Council Member Chavez MOTION: To extend the meeting past midnight. 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 Public Comments continued: Mark McDonald, Old Vine Kitchen and Bar, spoke in support of the item. (05:48:17) Tim Taber, Dick Church's Restaurant, spoke in support of the item. (05:50:41) Minutes — Regular Meeting — December 15, 2020 — Page 9 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (05:53:36): Mayor Pro Tern Marr/Mayor Foley MOTION: Approve recommended actions. Mayor Foley requested the maker of the motion to include the following changes: increase the gross receipts number to $2.5 million and to increase the 2"d grant to $10,000 instead of $5,000. Mayor Pro Tern Marr agreed. MOVED/SECOND: Mayor Pro Tern Marr/Mayor Foley MOTION: Approve recommended actions with the following changes: increase to $2.5 million gross receipts and the 2"d grant to $10,000 instead of $5,000. 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 ACTION: 1. City Council authorized the City Manager to take any and all actions necessary to develop and administer a Small Business Bridge Grant Program, including the execution of any agreements in connection with administration of the Program, with $1.995 million appropriated from Disaster Recovery Reserve Funds, for the provision of grants to local restaurants, and personal care services businesses; with the following changes: • The business within Costa Mesa must not generate more than an average annual gross -receipts of $2.5 million (changed from $1.5 million); and • Phase 2 grants will be $10,000 each (changed from $5,000 each), not to exceed the total of $800,000. 2. Adopted the proposed Resolution No. 2020-63, authorizing the use of up to $1.995 million for the Costa Mesa Bridge Grant Program with potential reimbursement in whole or in part from pending Federal Stimulus Act funding legislation. 3. Found there is a public purpose of providing financial support to Costa Mesa businesses in establishing the Bridge Grant Program during the pandemic. Minutes — Regular Meeting — December 15, 2020 — Page 10 UNOFFICIAL UNTIL APPROVED PUBLIC HEARINGS: 2. INTRODUCTION OF ORDINANCE NO. 2021-02 AMENDING CHAPTERS I (GENERAL) AND II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO ENFORCEMENT PENALTIES AND THE ISSUANCE OF CIVIL CITATIONS FOR BUILDING AND ZONING CODE VIOLATIONS (06:04:16) ADOPTION OF RESOLUTION NO. 2020-66 ESTABLISHING THE CIVIL FINES AND PENALTIES FOR VIOLATION OF UNCODIFIED ORDINANCES AND MORATORIA AND AMENDING THE CIVIL FINES AND PENALTIES SCHEDULE PURSUANT TO SECTION 1-40 OF THE COSTA MESA MUNICIPAL CODE REVISIONS TO CHAPTERS I (GENERAL) AND II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO BUILDING AND ZONING CODE ENFORCEMENT PENALTIES AND THE ISSUANCE OF CIVIL CITATIONS Development Services Department Presentation by Ms. Hall Barlow, City Attorney. Public Comments: None. MOVED/SECOND (6:06:46): 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 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 ACTION: 1. City Council found that Ordinance No. 2021-02 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment. 2. Introduced for first reading, by title only, Ordinance No. 2021-02 of the City Council of the City of Costa Mesa, Califomia, amending Chapters I (General) and II (Civil Citations) of Title 1 of the Costa Mesa Municipal Code. 3. Adopted Resolution No. 2020-66 establishing the Civil Fines and Penalties for violation of uncodified ordinances and moratoria and amending the Civil Fines and Penalties Schedule pursuant to Section 1-40 of the Costa Mesa Municipal Code. Minutes — Regular Meeting — December 15, 2020 — Page 11 UNOFFICIAL UNTIL APPROVED OLD BUSINESS: 1. FIRST READING OF ORDINANCE CHANGING APPOINTMENT PROCESS FOR MEMBERS OF THE PARKS, ARTS AND COMMUNITY SERVICES COMMISSION (06:10:20) - City Manager's Office/City Clerk's Division Presentation by Ms. Green, City Clerk. Public Comments: None. MOVED/SECOND (06:11:28): Mayor Pro Tern Marr/Council Member Chavez MOTION: Approve recommended actions. SUBSTITUTE MOTION/SECOND (06:12:03): Council Member Reynolds/Council Member Chavez SUBSTITUTE MOTION: Structure the Commission the same as the Planning Commission with one member from each electoral district of the city and one at - large member and the commission shall designate one (1) member of the commission to serve as the liaison for the senior center, and one (1) member of the commission to serve as the liaison for arts and culture related initiatives and activities in the city. 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 ACTION: Introduced for first reading, Ordinance No. 2021-01 of the City Council of the City of Costa Mesa, California, amending Chapter III (Parks, Arts and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code. NEW BUSINESS: 1. REALIGNMENT OF BIKEWAY AND WALKABILITY COMMITTEE, AND RESTRUCTURING OF THE FINANCE AND PENSION ADVISORY COMMITTEE (06:14:36) - City Manager's Office/City Clerk's Division MOVED/SECOND: Council Member Harper MOTION: To defer this item to a later date. The motion failed for lack of a second. Presentation by Ms. Green, City Clerk and Mayor Foley. Discussion ensued on how the industries were selected, if hospitality includes restaurants, including retail, profit and non-profit businesses. Minutes — Regular Meeting — December 15, 2020 — Page 12 UNOFFICIAL UNTIL APPROVED Public Comments: Speaker, spoke on hiring a consultant for economic development instead of restructuring the Finance and Pension Advisory Committee. (06:38:18) Speaker, read a letter by Eleanor Egan speaking against the restructuring of the Finance and Pension Advisory Committee. (06:41:53) Al Melone, Costa Mesa, supports a separate Economic Development Committee, but not to change the Finance and Pension Advisory Committee. (06:44:52) Ben Chapman, Costa Mesa, spoke on City Council etiquette. (06:46:55) Flo Martin, Costa Mesa, spoke on the Bikeway and Walkability Committee memberships and attendance at committee meetings. (06:47:36) MOVED/SECOND (06:49:54): Mayor Foley/Council Member Reynolds MOTION: Reduce both committee memberships to 9 and to receive and file the report on restructuring the Finance and Pension Advisory Committee with direction to discuss economic development options at the City Council goal setting meeting. Council Member Reynolds requested the maker of the motion to make the Bikeway and Walkability Committee membership 11 instead of 9. Mayor Foley agreed. MOVED/SECOND: Mayor Foley/Council Member Reynolds MOTION: Reduce the Bikeway and Walkability Committee to 11 and the Finance and Pension Advisory Committee to 9 and to receive and file the report on restructuring the Finance and Pension Advisory Committee with direction to discuss economic development options at the City Council goal setting meeting. 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 ACTION: 1. City Council reduced the membership numbers on the Bikeway and Walkability Committee to eleven members and the Finance and Pension Advisory Committee to nine members, serving staggered two-year terms. 2. Received and filed the report to change the name of the Finance and Pension Advisory Committee to the Economic Development and Finance Committee. 3. Received and filed the report to revise the membership, scope and responsibilities of the Economic Development and Finance Committee. Minutes — Regular Meeting — December 15, 2020 — Page 13 UNOFFICIAL UNTIL APPROVED ADDITIONAL COUNCIUBOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (07:01:38) Mayor Foley recognized Ted Tanner for his 100th birthday with the Mayors Award. ADJOURNMENT (07:03:30) — Mayor Foley adjourned the meeting at 1:15 a.m., December 16, 2020 in memory of Noel Bascon, Kim Folsom, and Jay Kelly. Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Regular Meeting — December 15, 2020 — Page 14 UNOFFICIAL UNTIL APPROVED MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TUESDAY, JANUARY 19, 2021 CALL TO ORDER - The 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 4:10 p.m.). Absent: None PUBLIC COMMENTS - NONE CLOSED SESSION ITEMS: 1. 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 5:13 p.m. and no reportable action. Minutes — Closed Session — January 19, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2"d day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes — Closed Session — January 19, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR CITY COUNCIL, COSTA MESA FINANCING AUTHORITY BOARD, COSTA MESA PUBLIC FINANCING AUTHORITY BOARD, COSTA MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING TUESDAY, JANUARY 19, 2021 - 6:00 P.M. CALL TO ORDER (00:00:14) - The meeting was called to order by Mayor Foley at 6:02 p.m. via Zoom webinar. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:35) Led by Council Member Gameros MOMENT OF SOLEMN EXPRESSION (00:04:09) Led by Pastor Jordan Hansen Newport Mesa Church ROLL CALL (00:05:54) 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. Absent: None CITY ATTORNEY CLOSED SESSION REPORT (00:06:22) — No Reportable Action. PRESENTATIONS: (00:06:31) Mayor Foley presented a Tribute to Remember and Honor the Lives Lost to COVID-19. (00:06:35) PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA: (00:09:45) Mr. Smart, spoke on the stay at home order by the Governor and enforcement by the Police Department. (00:10:29) Ms. Ashendorf, Costa Mesa, expressed concern for isolated senior citizens and not being able to sign up for vaccinations. (00:14:03) Mr. Chan, Costa Mesa, spoke on problems associated with Smart n Final. (00:17:28) Speaker, spoke on problems associated with Smart n Final. (00:21:01) Minutes —Regular Meeting — January 19, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez spoke on resolving Smart n Final problems, additional outreach to senior citizens on vaccinations, and attacks on the U.S. Capitol. (00:23:38) Council Member Gameros praised the Costa Mesa Police Department and thanked Chief Glass, spoke on COVID-19 deaths and encouraged everybody to wear a mask. (00:29:01) Council Member Harlan spoke on problems with Short Term Rentals and enforcement, requested clarification on street improvement projects aligning with the Bikeway Master Plan and Transportation Master Plan, and announced the Newport Beach Planning Commission meeting regarding the Westcliff Plaza Parking Waiver. (00:31:45) Council Member Harper thanked city staff and council for their support during his transition and requested a report on Smart n Final actions. (00:34:28) Council Member Reynolds thanked staff, reflected on 2020, and spoke on being neighborly. (00:35:58) Mayor Pro Tem Marr spoke on outreach to senior citizens on vaccinations, and spoke on frustrations associated with the pandemic. (00:38:31) Mayor Foley spoke on the Othena Application and notifications, provided an update on vaccination distribution and funding, and working with all level of government, spoke on Smart n Final problems, spoke on a letter received from former mayor Norma Hertzog and being grateful for her recognition, and spoke on opening the New Community Center while practicing safety measures. (00:41:08) REPORT — CITY MANAGER — Ms. Farrell Harrison spoke on unity and leadership, quoted Martin Luther King, spoke on COVID-19 statistics, implementation of vaccinations, the Community Center opening delayed and honoring Norma Hertzog. (00:48:22) Ms. Le, Economic and Development Services Director, provided a status report on Smart n Final. (00:56:40) REPORT — CITY ATTORNEY — Ms. Hall Barlow advised City Council that the Court of Appeal denied the petition for writ of Sheriff Barnes case and spoke on enforcement actions related to COVID-19. (01:04:31) Minutes —Regular Meeting — January 19, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR: (Items 1-12)(01:07:22) MOVED/SECOND: Mayor Pro Tern Marr/Council Member Reynolds MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 12 except for 6. 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 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: Francisco Carrera, Roseanna Eichenbaum, Shaen Del Fierro, Hilda Hammond, Chris Hardwick, Micael Hauck, Louis A. Montalvo III, John Darel Price, Martha Shalhoub, Robert Daniel Soliz, ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO. 2652 — Finance Department ACTION: City Council approved Warrant Resolution No. 2652 of the City Council of the City of Costa Mesa, California, allowing certain claims and demands, including Payroll Register Nos. 20-24 "A" for $4,814.90, 20-25 for $2,748,651.53, 20-25 "A" for -$0.12, 20-26 for $2,609,150.06, 20-26 "A" for $16.80, and 21-01 for $2,690,763.26; and City operating expenses for $4,578,145.61. 4. MINUTES - City Manager's Office/City Clerk's Division ACTION: City Council Approved the Minutes of the Regular City Council meeting of November 10, 2020. Minutes —Regular Meeting — January 19, 2021 — Page 3 UNOFFICIAL UNTIL APPROVED S. APPROVAL OF MAYOR'S APPOINTMENTS TO THE BOARDS OF THE TRANSPORTATION CORRIDOR AGENCIES AND THE ORANGE COUNTY VECTOR CONTROL DISTRICT - City Manager's Office/City Clerks Division ACTION: City Council approved the following Mayor's appointments: 1. Transportation Corridor Agencies (TCA): Council Member Arlis Reynolds/Altemate-Council Member Loren Gameros. 2. Orange County Vector Control District (OCVCD): Mr. Bill Turpit, Costa Mesa resident. 7. ADOPTION OF ORDINANCE NO. 2021-02 AMENDING CHAPTER II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO THE DEFINITIONS OF WORDS AND PHRASES DEFINED THEREIN Development Services Department/Planning Division ACTION: 1. City Council found that Ordinance No. 2021-02 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment. 2. Adopted by second reading Ordinance 2021-02 of the City Council of the City of Costa Mesa, California, amending Chapter II (Civil Citations) of Title 1 of the Costa Mesa Municipal Code. 8. ADOPT RESOLUTION APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FY 2021-22 FOR THE PERIOD OF JULY 1, 2021 TO JUNE 30, 2022 — Finance Department ACTION: City Council adopted Successor Agency Resolution No. 2021-02 approving the Recognized Obligation Payment Schedule for Fiscal Year 2021-22 for the period of July 1, 2021 to June 30, 2022, subject to submittal to and review by the Orange Countywide Oversight Board (Oversight Board) and then the State of California, Department of Finance (DOF). Further, the Finance Director, or her authorized designee, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF. Minutes —Regular Meeting — January 19, 2021 — Page 4 UNOFFICIAL UNTIL APPROVED 9. CITYWIDE ALLEY REHABILITATION PROJECT — CITY PROJECT NO. 20-20 Public Services Department/Engineering Division ACTION: 1. City Council adopted plans, specifications, and working details for Plumer Street Alley (Alley No. 06), Wallace Avenue Alley (Alley No. 13), 17th Street Alley (Alley No. 55), Tustin Avenue Alley (Alley No. 60), Rosemary Place Alley (Alley No. 105), and Costa Mesa Street Alley (Alley No. 114) Improvement Project — City Project No. 20-20. 2. Approved Budget Adjustment in the amount of $315,000 from the undesignated fund balance in Fund 416. 3. Accepted the withdrawal of the bid submitted by LCR Earthwork & Engineering, Corp, 3200 Guasti Road, Suite 100, Ontario, CA 91761. 4. Awarded a construction contract to Black Rock Construction Company, 929 Mariner Street, Brea, CA 92821, In the amount of $976,000 (base bid plus additive bid). 5. Authorized an additional $59,00 as needed for construction change orders and for construction engineering. 6. Authorized the City Manager and the City Clerk to execute the Public Works Agreement (PWA), and authorized the City Manager to execute future contract amendments within Council authorized limits. 10. LIONS PARK COMMUNITY CENTER AUDIOVISUAL PROJECT, CITY PROJECT NO. 19-17 — Public Services Department/Engineering Division ACTION: 1. City Council accepted the work performed by EIDIM Group, Inc., for the subject project and authorized the City Clerk to file the Notice of Completion. 2. Authorized the City Manager to release the Labor and Material Bond seven (7) months after the filing date; release the Faithful Performance Bond at the conclusion of the one-year warranty period; and release the retention monies 35 days after the Notice of Completion filing date. Minutes —Regular Meeting — January 19, 2021 — Page 5 UNOFFICIAL UNTIL APPROVED 11. POLICE DEPARTMENT UNIFORMS AND EQUIPMENT CONTRACT Police Department ACTION: 1. City Council approved and authorized the City Manager to execute the service agreement and any renewal amendments for an annual contract for equipment through the City of Los Angeles Cooperative Agreement, Contract ID No. 59463, with Galls, LLC, effective January 7, 2013 through January 31, 2021, with the option to renew for two additional one year terms, contingent upon the duration of the City of Los Angeles's agreement with Galls, LLC. City of Costa Mesa agreement terms will be February 1, 2021- January 31, 2023. 2. Approved and authorized the City Manager to execute the service agreement and any renewal amendments for an annual contract for uniforms through the City of Los Angeles Cooperative Agreement, Contract ID No. 59457, with Galls, LLC, effective October 30, 2020 through November 20, 2021, with the option to renew for one additional one year terms, contingent upon the duration of the City of Los Angeles's agreement with Galls, LLC. City of Costa Mesa agreement term will be December 1, 2020- November 30, 2022. 12. UPDATE STATE OF CALIFORNIA, GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CAL OES) DESIGNATION OF APPLICANT'S AGENT RESOLUTION Police Department ACTION: 1. City Council approved and adopted the State of California, Governor's Office of Emergency Services (Cal OES) Designation of Applicant's Agent Resolution. 2. Authorized submittal of the approved Designation of Applicant's Agent Resolution Forms to the State. ITEMS PULLED FROM THE CONSENT CALENDAR 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 5 ISSUED BY THE CITY MANAGER AS DIRECTOR OF EMERGENCY SERVICES TO SUSPEND ENFORCEMENT OF CERTAIN PARKING REGULATIONS IN RESIDENTIAL NEIGHBORHOODS (01:09:25) - City Manager's Office Presentation by Ms. Farrell Harrison, City Manager, Ms. Hall Barlow, City Attorney, and Police Chief Glass. Public Comments: Ms. Genis, Costa Mesa, expressed concern due to impeding street sweeping and environmental issues. (01:15:22) Mr. Taboada, Costa Mesa, spoke on providing more fiscal information and on revenue sources. (01:17:40) Minutes —Regular Meeting — January 19, 2021 — Page 6 UNOFFICIAL UNTIL APPROVED Mr. Smart, spoke on deferment. (01:19:56) Speaker spoke on loss of income, revenue, and street sweeping contracts, environmental issues, and utilizing the Police Department on parking issues. (01:20:56) MOVED/SECOND (01:22:41): Council Member Reynolds/Council Member Chavez MOTION: Approve the staff recommendation. 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 ACTION: City Council adopted Resolution No. 2021-01 ratifying Regulation No. 5 issued by the Director of Emergency Services Temporarily Suspending Enforcement of Certain Parking Restrictions in Residential Neighborhoods. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS: NONE OLD BUSINESS: 1. FIRST READING OF ORDINANCE CHANGING APPOINTMENT PROCESS FOR MEMBERS OF THE PARKS, ARTS AND COMMUNITY SERVICES COMMISSION (01:38:01) - City Manager's Office/City Clerks Division Presentation by Ms. Green, City Clerk. Public Comments: None. MOVED/SECOND (01:34:52): Council Member Chavez/Council Member Reynolds MOTION: Approve the staff recommendation. Mayor Foley requested the following change: in paragraph a relating to appointing the senior and arts liaisons, adding to the beginning of the sentence "if the mayor does not assign". The maker of the motion and the second agreed to the change. Minutes —Regular Meeting — January 19, 2021 — Page 7 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve the staff recommendation with the change relating to appointing the senior and arts liaisons, adding to the beginning of the sentence "if the mayor does not assign". 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 ACTION: 1. City Council introduced for first reading, by title only, Ordinance No. 2021-01 of the City Council of the City of Costa Mesa, California, amending Chapter III (Parks, Arts and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code. 2. Approved the terms of the Parks, Arts and Community Services commissioners whose terms are currently set to expire in 2023 to end upon appointment of new commissioners by City Council. 3. Directed the City Clerk to post the special vacancy notices pursuant to GC §54974(a), and to proceed with an extended recruitment to reflect district appointments and the Mayors at large appointment. NEW BUSINESS: (01:38:01) 1. APPOINTMENTS TO THE PLANNING COMMISSION (01:38:06) City Manager's Office/City Clerk's Division Presentation by Ms. Green, City Clerk. Public Comments: None. MOVED/SECOND (01:39:59): Council Member Harper/Council Member Reynolds MOTION: Appoint Jon Zich to the District 1 position on the Planning Commission. 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 Minutes —Regular Meeting — January 19, 2021 — Page 8 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (01:40:57): Council Member Gameros/Mayor Foley MOTION: Appoint Kedarious Colbert to the District 2 position on the Planning Commission. 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 MOVED/SECOND (01:42:02): Council Member Harlan/Mayor Pro Tern Marr MOTION: Appoint Russell Toler to the District 6 position on the Planning Commission. 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 MOVED/SECOND (01:45:40): Mayor Foley/Council Member Chavez MOTION: Appoint John Stephens to the At -Large position on the Planning Commission. 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 ACTION: City Council appointed to the Planning Commission three (3) applicants to fill vacancies in Districts 1, 2, and 6 (4-year terms), and one (1) at large Mayor's selection (2-year term). 2. FISCAL YEAR 2019-20 INDEPENDENT FINANCIAL AUDIT OF THE COSTA MESA HOUSING AUTHORITY; AND THE HOUSING SUCCESSOR ANNUAL REPORT OF THE LOW AND MODERATE INCOME HOUSING ASSET FUND UNDER SECTION 34176.1 OF THE DISSOLUTION LAW AND SECTION 34328 OF THE CALIFORNIA HOUSING AUTHORITIES LAW (01:48:01) Finance Department Presentation by Ms. King, Assistant Finance Director. Public Comments: None. Minutes —Regular Meeting — January 19, 2021 — Page 9 UNOFFICIAL UNTIL APPROVED MOVED/SECOND (01:55:07): Mayor Pro Tern Marr/Council Member Chavez MOTION: Approve the staff recommendation. 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 ACTION: City Council and the Housing Authority received and filed the following: 1. The Fiscal Year 2019-20 Independent Financial Audit of the Costa Mesa Housing Authority, including the Low and Moderate Income Housing Asset Fund. 2. The Fiscal Year 2019-20 Housing Successor Annual Report prepared under the California Health and Safety Code Section 34176.1 as the housing successor and Section 34328 as a housing authority. 3. RECEIVE AND FILE THE CITY'S AUDITED FINANCIAL REPORTS AND COSTA MESA PUBLIC FINANCING AUTHORITY'S AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2020 (01:55:57) Finance Department Presentation by Ms. King, Assistant Finance Director. Discussion ensued on COVID-19 related expenses and reimbursements. Public Comments: None. MOVED/SECOND (02:23:38): Council Member Chavez/Council Member Harlan MOTION: Approve the staff recommendation. 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 ACTION: 1. Council received and filed the following reports for the fiscal year ended June 30, 2020: a. Comprehensive Annual Financial Report (CAFR); b. Air Quality Improvement Fund Compliance Report; c. Audit Communication Letter; d. Independent Accountant's Report on Agreed -Upon Procedures Applied to Appropriation Limit Worksheets. Minutes —Regular Meeting — January 19, 2021 — Page 10 UNOFFICIAL UNTIL APPROVED 2. City Council and Costa Mesa Public Financing Authority received and filed the Costa Mesa Public Financing Authority audited financial statements for the fiscal year ended June 30, 2020. 4. RECEIVE AND FILE THE COSTA MESA FINANCING AUTHORITY'S AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2020 (02:28:47) - Finance Department Presentation by Ms. King, Assistant Finance Director. Public Comments: None. MOVED/SECOND (02:31:55): Council Member Chavez/Mayor Pro Tern Marr MOTION: Approve the staff recommendation. 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 ACTION: City Council and Costa Mesa Financing Authority received and filed the Costa Mesa Financing Authority audited financial statements for the fiscal year ended June 30, 2020. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (02:32:51) Mayor Pro Tern Marr spoke on the Orange County Fair subcommittee meeting on diversity and equality. Mayor Foley spoke on a letter for City Council to sign. ADJOURNMENT (02:34:37) — Mayor Foley adjourned the meeting at 8:37 p.m. Minutes —Regular Meeting — January 19, 2021 — Page 11 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2nd day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes —Regular Meeting — January 19, 2021 — Page 12 UNOFFICIAL UNTIL APPROVED MINUTES OF THE CITY OF COSTA MESA CITY COUNCIL SPECIAL STUDY SESSION TUESDAY, FEBRUARY 23, 2021 - 5:00 P.M. CALL TO ORDER (00:00:12) - The Study Session was called to order by Mayor Foley at 5:05 p.m. via Zoom Webinar. PLEDGE OF ALLEGIANCE (00:00:35) — Led by Mayor Foley. 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. Absent: None SPECIAL STUDY SESSION ITEM: 1. RECEIVE AND FILE UPDATE ON THE STAFFING PLAN FOR THE IMPLEMENTATION OF THE RETAIL CANNABIS TAX AND REGULATION MEASURE (MEASURE 0 ) (00:55:18) - Finance Department Presentation by Ms. Molina, Finance Director. Public Comments: None. Discussion ensued on staffing levels, tax revenues and reporting measures, enforcement against illegal dispensaries, fees, grant opportunities, and streamlining the regulatory process for illegal dispensaries. ACTION: City Council received and filed the update on the staffing plan being developed by the City for the successful implementation of the Retail Cannabis Tax and Regulation Measure (Measure Q) allowing for cannabis retail storefront (dispensaries) and retail non -storefront (delivery) uses in specified areas of the City subject to limitations. ADJOURNMENT (00:55:18) — Mayor Foley adjourned the Study Session at 6:06 p.m. Minutes —Special Study Session — February 23, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 2nd day of March, 2021. Katrina Foley, Mayor ATTEST: Brenda Green, City Clerk Minutes —Special Study Session — February 23, 2021 — Page 2