HomeMy WebLinkAbout07-02-19 MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
J U LY 23 2019
CALL TO ORDER
The Special Closed Session was called to order by Mayor Foley at 4:30 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, Council Member Marr, Council Member Reynolds, Mayor Pro
Tern Stephens, and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION - NONE
The City Council recessed to Room 5A at 4:32 p.m. for Closed Session to consider the
following items:
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION — ONE POTENTIAL CASE
Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
INITIATION OF LITIGATION — EIGHT POTENTIAL CASES
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: SoCal Recovery, LLC, a California limited liability company v. City of
Costa Mesa, United States District Court, Central District of California, Case No.
8:18-cv-01 304-JVS-PJW.
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Casa Capri Recovery, Inc. v. City of Costa Mesa, United States District
Court, Central District of California — Southern Division, Case No. 8:18-cv-00329-JVS-
PJW.
CALL TO ORDER (00:00:11)
The meeting was called to order by Mayor Foley at 6:08 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 1
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:56)
Ms. Moxy Anne Mohr
MOMENT OF SOLEMN EXPRESSION (00:02:49)
Fr. George Okusi, St. John the Divine Episcopal Church, Costa Mesa
ROLL CALL (00:06:24)
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, Assistant City Manager Tamara
Letourneau, City Attorney Kimberly Hall Barlow, Economic and Development Services
Director Barry Curtis, Public Services Director Raja Sethuraman, Finance Director Kelly
Telford and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:06:34)
Ms. Hall Barlow reported that there was no reportable action.
Public Hearing item numbers 1-3 were removed for separate discussion at the request of
Mayor Foley, noting that the items be advanced and considered prior to City Manager's
report due to a request for continuance on the aforementioned items.
PUBLIC COMMENTS ON ADVANCING THE PUBLIC HEARING ITEMS - NONE
Mayor Pro Tern Stephens recused himself from voting as his office location is within 500
feet of 400 Enclave Circle (public hearing item number 2). (00:09:29)
MOVED/SECOND: Mayor Foley/Council Member Genis
MOTION: Advance Public Hearing item numbers 1-3 and consider the items prior to City
Manager's Report.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Mansoor,
Council Member Marr, Council Member Reynolds, and Mayor Foley.
Nays: None
Absent: None
Abstain: Mayor Pro Tern Stephens
Motion carried: 6-0-0-1
ACTION:
City Council advanced Public Hearing item numbers 1-3 and agreed to consider the items
prior to City Manager's Report.
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 2
Ms. Farrell Harrison spoke on the staff recommendation of postponing the public hearings
and conducting a Study Session at a later date to allow time to assess all concerns
regarding the small cell sites and additional opportunity for public outreach, and
community education. (00:10:06)
Ms. Hall Barlow spoke on the changes in the law due to the Supreme Court decision on
small cell sites that the City would like to address in the process. (00:12:27)
PUBLIC COMMENTS ON THE CONTINUANCE OF THE ITEMS (00:13:14)
A Costa Mesa resident spoke in support of the continuance of the public hearing items.
(00:13:26)
A Costa Mesa resident spoke in support of the continuance of the public hearing items.
(00:14:26)
Aaron Synder, representing Crown Castle, spoke on supporting a streamlined process;
the City not owning its infrastructure for street lights and utility poles; and suggested the
City to look at Crown Castle's current small cell facilities. (00:15:10)
A Costa Mesa resident spoke on receiving public comments. (00:17:53)
A Costa Mesa resident spoke in support of the continuance of the public hearing items.
(00:18:22)
Public Comments closed.
MOVED/SECOND: Mayor Foley/Council Member Chavez
MOTION: Continue Public Hearing item numbers 1-3 to a future Study Session and
Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Mansoor,
Council Member Marr, Council Member Reynolds, and Mayor Foley.
Nays: None
Absent: None
Abstain: Mayor Pro Tem Stephens
Motion carried: 6-0-0-1
ACTION:
City Council continued the following Public Hearing item numbers 1-3 to a future Study
Session and Council meeting:
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 3
1. REVIEW OF PLANNING COMMISSION DECISION TO APPROVE ZONING
APPLICATIONS 19-31, 19-33 AND 19-35 FOR THREE MINOR
CONDITIONAL USE PERMITS TO INSTALL SMALL CELL FACILITIES ON
TOP OF REPLACEMENT SOUTHERN CALIFORNIA EDISON
STREETLIGHT POLES LOCATED WITHIN PUBLIC STREET RIGHTS -OF -
WAY NEAR 1772 ORIOLE DRIVE, 3007 COUNTRY CLUB DRIVE, AND 2926
CLUB HOUSE ROAD, RESPECTIVELY
2. REVIEW OF PLANNING COMMISSION DECISION TO APPROVE ZONING
APPLICATION 19-14 FOR A MINOR CONDITIONAL USE PERMIT TO
INSTALL A SMALL CELL FACILITY ON TOP OF A REPLACEMENT
SOUTHERN CALIFORNIA EDISON STREETLIGHT POLE LOCATED
WITHIN PUBLIC STREET RIGHT-OF-WAY NEAR 400 ENCLAVE CIRCLE
3. REVIEW OF PLANNING COMMISSION DECISION TO APPROVE ZONING
APPLICATIONS 19-03, 19-04 AND 19-06 FOR THREE MINOR
CONDITIONAL USE PERMITS TO INSTALL SMALL CELL FACILITIES ON
TOP OF REPLACEMENT SOUTHERN CALIFORNIA EDISON STREETLIGHT
POLES LOCATED WITHIN PUBLIC STREET RIGHTS -OF -WAY NEAR 1620
ELM AVENUE, 1641 LABRADOR DRIVE, AND 1300 ADAMS AVENUE,
RESPECTIVELY
PRESENTATIONS (00:19:20)
City Council welcomed the newest police department service dog, Aaron and his handler
Officer Candice McMorris, the department's first female K-9 handler.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:22:18)
Jay Humphrey, Costa Mesa resident, provided perspectives related to model airplanes
and wildlife. (00:22:36)
Monica Draghici, Costa Mesa resident, spoke on small cell facilities. (00:26:24)
Claudia Perez Figueroa, Senior Field Representative for Assemblywoman Cottie Petrie-
Noris, read a statement released by the Assemblywoman related to securing State
Budget funding for Coastal Orange County; and invited all to a Board and Commission
Appointments Workshop on July 18 at the Newport Beach Public Library and Senior
Scam Stopper seminar on July 26 at the Costa Mesa Senior Center. (00:28:17)
Becca Walls, Costa Mesa resident, thanked the City Council and staff for attending the
Priceless Pets Pack Walk; invited all to a fundraiser for Patriotic Service Dog Foundation
on July 5 at the Harp Inn; and thanked the City Council for delaying the public hearing
items. (00:30:33)
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 4
Speaker acknowledged Assemblywoman Cottie Petrie -Norris for securing State Budget
funding for Coastal Orange County and Mayor Pro Tern Stephens for accomplishing his
goals of having a Fourth of July celebration and a homeless shelter. (00:32:26)
Speaker expressed concerns regarding the sponsors for the Costa Mesa Independence
Day Community Celebration on July 3rd. (00:34:00)
Ralph Taboada, Costa Mesa, welcomed Ms. Farrell Harrison; thanked Ms. Letourneau
for her service; and thanked Ms. Barlow for her efforts. (00:35:55)
Public Comments closed.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:37:30)
Council Member Mansoor welcomed Ms. Farrell Harrison; thanked Ms. Letourneau for
her service; and addressed the public speaker's comment regarding cities that have
ordinances related to cell sites. (00:37:44)
Council Member Genis requested staff to look into Senate Bills 330 and 102, related to
housing and local control of zoning; spoke on the flying field and the Fairview Park Master
Plan; First Friday Road Show on July 5th at the Orange County Fairgrounds; thanked Ms.
Letourneau for her service; and welcomed Ms. Farrell Harrison. (00:38:25)
Council Member Reynolds requested Mr. Humphrey to send information regarding the
model airplanes to Fairview Park Administrator Cynthia D' Agosta and the Fairview Park
Steering Committee; thanked the following individuals: members of the CERT team and
police and fire explorers for handing out flyers on illegal fireworks; police department for
arrests made related to illegal fireworks; volunteers and Animal Services Committee for
the Priceless Pets Pack Walk fundraiser; Assemblywoman Cottie Petrie -Norris for
securing State Budget funding for Coastal Orange County; spoke on trees at airplane
park; thanked Ms. Letourneau for her service; and welcomed Ms. Farrell Harrison.
(00:41:11)
Council Member Chavez thanked Ms. Letourneau for her service; welcomed Ms. Farrell
Harrison; thanked fire and police departments for working over the holiday; spoke on
activities at the Costa Mesa Senior Center; and encouraged attendance at the Costa
Mesa Independence Day Community Celebration on July 3rd. (00:44:06)
Council Member Marr thanked Ms. Letourneau for her service; welcomed Ms. Farrell
Harrison; thanked everyone who attended the Priceless Pets Pack Walk fundraiser and
her community coffee event; and acknowledged the public services department for the
bus shelter at Civic Center Drive. (00:45:40)
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 5
Mayor Pro Tern Stephens thanked the public for engagement on small cell sites; spoke
on the Priceless Pets Pack Walk fundraiser; welcomed Ms. Farrell Harrison; thanked the
representatives of Assemblywoman Cottie Petrie -Norris and Congressman Harley Rouda
for attending the Council meeting; spoke on using safe and sane fireworks; and the Costa
Mesa Independence Day Community Celebration on July 3rd. (00:46:39)
Mayor Foley thanked the City Council for accomplishments within the last six months;
welcomed Ms. Farrell Harrison; reported her attendance at the Independence Day Luau
Party on June 28t" at the Costa Mesa Senior Center; spoke on the homeless shelter and
response times to resident calls; and spoke on the Save Our Youth (SOY) Dunk Tank
fundraiser. (00:50:21)
REPORT — CITY MANAGER (00:54:36)
Ms. Farrell Harrison spoke on a Study Session regarding small cell sites; and wished
everyone a happy and safe fourth of July.
REPORT — CITY ATTORNEY (00:55:03)
Ms. Hall Barlow thanked Mr. Taboada for the kind words; spoke on illegal fireworks, and
illegal marijuana dispensaries.
CONSENT CALENDAR: (00:56:35)
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Approve recommended actions for Consent Calendar item numbers 1 through
12 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.
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 6
2. READING FOLDER
Claims received by the City Clerk: State Farm, as subrogee for Susan Chingay.
ACTION:
City Council received and filed.
5. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE
DESIGN OF THE PERMANENT BRIDGE SHELTER FACILITY
ACTION:
1. City Council awarded a Professional Services Agreement (PSA) to Robert
Borders & Associates, 1675 Scenic Avenue, Suite 210 Costa Mesa, California
92626, in an amount not -to -exceed $375,000.00 for design services for the
City's permanent Bridge Shelter facility; and
2. Authorized staff to negotiate the final scope of work, schedule, and fee within
the previously approved not -to -exceed amount; and
3. Authorized the City Manager and City Clerk to execute the Professional
Services Agreement and future contract amendments within Council authorized
limits.
6. COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE
CITY OF COSTA MESA FOR THE PAVEMENT REHABILITATION OF
MACARTHUR BOULEVARD FROM SANTA ANA RIVER TO HARBOR
BOULEVARD
ACTION:
1. City Council approved the Cooperative Agreement between the City of Santa Ana
and the City of Costa Mesa for the rehabilitation of MacArthur Boulevard from the
Santa Ana River to Harbor Boulevard; and
2. Authorized the City Manager and the City Clerk to execute the Cooperative
Agreement.
ITEMS PULLED FROM THE CONSENT CALENDAR (00:58:17)
3. WARRANT RESOLUTION NO.2622 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 19-11 "A" FOR $302.90; 19-12 FOR
$2,528,937.47 AND CITY OPERATING EXPENSES FOR $3,361,064.13; AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
(00:58:22)
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 7
Public Comments:
A Costa Mesa resident spoke on legal invoices. (00:58:31)
Public Comments closed.
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Approve Warrant Resolution No. 2622.
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
ACTION:
City Council approved Warrant Resolution No. 2622.
4. ESTABLISHMENT OF THE NEW CLASSIFICATION OF ENERGY AND
SUSTAINABILITY SERVICES MANAGER JOB DESCRIPTION (01:00:56)
Tamara Letourneau, Assistant City Manager, provided the staff presentation.
(01:01:07)
Council Member Mansoor spoke in support of hiring a consultant instead of a
permanent employee. (01:02:40)
City Council discussion included: proposed salary range for the position; a climate
action plan; assigning additional duties to the position particularly grant writing; hiring
a consultant vs. a permanent employee; establishment of the position in other cities;
and joint initiatives with other agencies such as the Water and Sanitation Districts.
(01:04:23)
Public Comments:
Ralph Taboada, Costa Mesa resident, spoke on the Finance and Pension Advisory
Committee's (FIPAC) concerns regarding hiring a permanent employee
vs. consultant; requested a report to City Council with documented savings within 12
months of the position; spoke on concerns for not having offset in the budget for
potential cost savings; and inquired on the total cost of the position. (01:12:00)
Russell Baldwin, Costa Mesa resident, spoke on hiring a permanent employee vs. a
consultant. (01:13:59)
Ms. Letoumeau clarified the total cost of the position. (01:15:08)
Public Comments closed.
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 8
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Adopt Resolution No. 19-36 which amends Resolution No. 17-26
establishing the new Energy and Sustainability Services Manager job
classification; and corresponding salary range of $8,630 - $11,567 per month.
Council Member Marr spoke in support of the motion. (01:15:46)
Council Member Chavez spoke in support of the motion. (01:19:10)
Council Member Reynolds spoke in support of the motion. (01:20:00)
Mayor Pro Tern Stephens spoke in support of the motion. (01:22:13)
Council Member Genis spoke on the issue; City resilience; a hazard mitigation
plan; and Fairview Park issues. (01:23:23)
Mayor Foley spoke in support of the motion. (01:26:00)
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Adopt Resolution No. 19-36, which amends Resolution No. 17-26
establishing the new Energy and Sustainability Services Manager job
classification; and corresponding salary range of $8,630 - $11,567 per month.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member Reynolds,
Mayor Pro Tern Stephens, and Mayor Foley.
Nays: Council Member Genis and Council Member Mansoor.
Absent: None
Motion carried: 5-2
ACTION:
City Council adopted Resolution No. 19-36, which amends Resolution No. 17-26
establishing the new Energy and Sustainability Services Manager job
classification; and corresponding salary range of $8,630 - $11,567 per month.
OLD BUSINESS: NONE
NEW BUSINESS: NONE
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (01:28:50)
Council Member Marr spoke on a hazard mitigation plan. (01:28:53)
Council Member Genis wished everyone a safe and happy fourth of July. (01:29:32)
ADJOURNMENT (01:29:44) — Mayor Foley adjourned the meeting at 7:28 p.m.
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 9
Minutes adopted on this 17th day of March, 2020.
ATTEST:
Brenda Green, CiQ Clerk
MINUTES - REGULAR MEETING - JULY 2, 2019 - PAGE 10