HomeMy WebLinkAbout11-19-19 - Signed MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
NOVEMBER 19, 2019
CALL TO ORDER
The Closed Session was called to order by Mayor Pro Tem Stephens at 4:00 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 Marr, Council Member
Reynolds, and Mayor Pro Tem Stephens, and Mayor Foley (arrived 4:10
P.M.)
Absent: Council Member Genis and Council Member Mansoor.
PUBLIC COMMENT: NONE
The City Council recessed to Room 5A at 4:04 p.m. for Closed Session to consider the
following items:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
APN: 424-211-12; Property: 1885 Anaheim Street, Costa Mesa, CA 92627
Pursuant to Section 54956.8, California Government Code
Agency Negotiator: Lori Ann Farrell Harrison, City Manager
Negotiating Parties: Pastor Phil Eyskens, Church of the Nazarene/Lighthouse Church;
Cities in the Central Orange County Service Planning Area (SPA)
Negotiation: Price and Terms of Payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
APN: 427-091-12; Property: 3175 Airway Avenue, Costa Mesa, CA 92627
Pursuant to Section 54956.8, California Government Code
Agency Negotiator: Lori Ann Farrell Harrison, City Manager
Negotiating Parties: Cities in the Central Orange County Service Planning Area (SPA)
Negotiation: Price and Terms of Payment
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Orange County Catholic Worker, an unincorporated association: Lisa
Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler,
Gloria Shoemake, as individuals v. Orange County, City of Anaheim, City of Costa
Mesa, and City of Orange, United States District Court for the Central District of
California — Southern Division, Case No. 8:18-cv-00155
Minutes — Regular Meeting — November 19, 2019 — Page 1
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION
OF LITIGATION
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code — one
case
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code — one
case. The City Attorney reported this relates to the claim filed by Robert Sharpnack.
The City Council reconvened at 6:06 p.m.
CALL TO ORDER (00:00:13)
The meeting was called to order by Mayor Foley at 6:06 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:16)
Costa Mesa High School Madrigal Choir
MOMENT OF SOLEMN EXPRESSION (00:01:53)
Pastor David Manne, Calvary Chapel, Costa Mesa
ROLL CALL (00:03:10)
Present: Council Member Chavez, Council Member Marr, Council Member
Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Absent: Council Member Genis, Council Member Mansoor,
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, Finance Director Kelly Telford, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:03:21)
PRESENTATIONS:
1. Assemblywoman Petrie -Norris presentation of $1 million check for Lions Park.
(00:03:32)
2. Presentation on the 2020 Census by Dina Duella, U.S. Census Bureau. (00:07:56)
3. Presentation on the Helen Putnam Award for Excellence- SMART Camp Program.
(00:19:43)
Minutes — Regular Meeting — November 19, 2019 — Page 2
4. Costa Mesa Minute. (00:24:54)
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: (00:28:17)
Flo Martin, Costa Mesa, spoke against the EPOCH times being in the City Hall lobby.
(00:28:45)
Speaker, Costa Mesa, praised Assemblywoman Cottie Petrie -Norris, Mayor Foley, and
District Attorney Spitzer, and spoke on sober living homes. (00:29:47)
Hank Castignetti, representing Orange County Model Engineers, spoke on the Santa train
event on December 21 st. (00:32:27)
Wendy Leece, Costa Mesa, expressed caution on changing the tax rate for cannabis
businesses. (00:33:28)
Al Melone, Costa Mesa, spoke on the water bowl problems at the dog park. (00:36:13)
Mary Spadoni, Costa Mesa, spoke on the claim filed by Chief Sharpnack. (00:39:39)
Speaker, spoke on drug addicts loitering on the street, homeless issues and maintenance
issues at the dog park. (00:42:53)
Beth Refakes, Costa Mesa, spoke on restoring the airplane at airplane park; problems
with the homeless; spoke in support of the mobile command vehicle; and spoke on
improved communications. (00:46:04)
Bob Harrison, representing Orange County Model Engineers, spoke on the Scarecrow
Festival, thanked the Firefighter Association and Police Association for the donation of
pumpkins. (00:49:02)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:55:00)
Council Member Chavez spoke on visiting Redemption Church Learning Center and
touring Think Together, and thanked Assemblywoman Cottie Petrie -Norris. (00:55:07)
Council Member Marr spoke on visiting Woodland Elementary School; spoke on
Assemblywoman Cottie Petrie -Norris and her holding a hearing on homeless veteran
issues; and spoke on the successes of assisting the homeless. (00:57:59)
Council Member Reynolds spoke on the successes of assisting the homeless;
congratulated her father on becoming a conductor for the Orange County Model
Engineers; spoke on visiting youth at SOY; spoke on the December 14th restoration
project at Fairview Park; spoke on the community bike ride on December 15th; spoke on
the early childhood coalition; spoke on the Sierra Club hike; and spoke on the Sunday
cyclist ride at Balearic Park. (01:01:18)
Minutes — Regular Meeting — November 19, 2019 — Page 3
Mayor Pro Tern Stephens wished all a Happy Thanksgiving; requested the City Attorney
to report on the EPOCH times; spoke on an Eagle Scout project at the Bark Park; spoke
on the successes of assisting the homeless. (01:05:23)
Mayor Foley spoke on attending the homeless veterans hearing; reported on veterans
at the Costa Mesa shelter; spoke on progress toward the permanent homeless shelter;
requested a formal presentation on the dog park issues; thanked City Staff for efforts on
Snoopy House; spoke on keeping the airplane at Airplane Park; spoke on the 11 to
annual coat drive; reminded the public to call 714-754-5252 to assist homeless
individuals; and congratulated Descanso business for 1 year anniversary. (01:08:12)
REPORT — CITY MANAGER (01:13:50) - Ms. Farrell Harrison reported on bringing back
a dog park update; provided a status update of the parking study; and spoke on attending
the annual Veterans event at the Orange County Fairgrounds.
REPORT — CITY ATTORNEY (01:17:47) — Ms. Hall Barlow wished her twins a Happy
Birthday.
CONSENT CALENDAR: (01:18:14)
MOVED/SECOND: Mayor Pro Tern Stephens / Council Member Chavez
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7
except for 3.
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: None
Absent: Council Member Genis, Council Member Mansoor
Motion carried: 5-0-2
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: AAA, Brian Brodersen, Robert Sharpnack,
Ronald Tymins
ACTION:
City Council received and filed.
Minutes — Regular Meeting — November 19, 2019 — Page 4
4. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH MV
CHENG & ASSOCIATES FOR TEMPORARY STAFF SUPPORT SERVICES IN
THE FINANCE DEPARTMENT
ACTION:
1. City Council approved the proposed Amendment No. 2 to the Professional
Services Agreement (PSA) with MV Cheng & Associates, Inc. to increase the
PSA by $50,000, for a total not -to -exceed amount of $199,999 for temporary
staff support services in the Finance Department; and
2. Authorized the City Manager and City Clerk to execute the proposed
amendment and future amendments to the PSA within Council authorized
limits.
5. NOTICE OF INTENT FOR THE VACATION OF A PORTION OF A SIDEWALK
AND LANDSCAPE EASEMENT AT 3350 AVENUE OF THE ARTS
ACTION:
1. City Council set a public hearing on December 17, 2019, for the vacation of a
portion of sidewalk and landscape easement at 3350 Avenue of the Arts; and
2. Adopted Resolution of Intent to vacate a portion of sidewalk and landscape
easement at 3350 Avenue of the Arts.
6. RED HILL AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT
ACTION:
1. City Council approved the Cooperative Agreement No. C-9-1421 between the
Orange County Transportation Authority, and the Cities of Costa Mesa, Irvine,
and Tustin for the Red Hill Avenue Regional Traffic Signal Synchronization
Project; and
2. Authorized the Mayor and City Clerk to execute the Cooperative Agreement
and authorize City Manager and City Clerk to execute future amendments to
the agreement.
Minutes — Regular Meeting — November 19, 2019 — Page 5
7. SECOND READING AND ADOPTION OF ORDINANCE 19-18 BY THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING
SECTIONS 5-1, 5-1.1 AND 5-1.3 AND ADDING SECTION 5-1.4 OF CHAPTER I
OF TITLE 5 AND SECTIONS 7-14 AND 7-15 OF CHAPTER II OF TITLE 7 OF
THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 2019 EDITIONS
OF THE CALIFORNIA BUILDING, CONSTRUCTION AND FIRE CODES AND
RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS
THERETO, AND REPEALING THE ADOPTION OF THE 2016 EDITIONS OF
THE CALIFORNIA CODES AND AMENDMENTS THERETO, AND ADOPTING
THE ORANGE COUNTY GRADING AND EXCAVATION CODE WITH
AMENDMENTS THERETO, WITH THE EFFECTIVE DATE OF JANUARY 1,
2020
ACTION:
City Council gave second reading to and adopted Ordinance 19-18, read by title only,
and further reading waived, for the 2019 Edition of the Model California Construction
Codes. This procedure is in accordance with the California Government Code Title
5, Division 1, Part 1, as published by the Building Standards Bulletin 19-05.
ITEMS PULLED FROM THE CONSENT CALENDAR
3. WARRANT RESOLUTION NO.2630 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NOS. 19-21 "A" FOR $10,646.77; 19-22
FOR $2,697,951.11 AND CITY OPERATING EXPENSES FOR $1,188,461.02;
AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
(01:19:21)
Public Comments:
Speaker, spoke on legal fees regarding sober living businesses. (01:19:36)
Speaker, spoke on legal fees. (01:22:27)
Speaker, spoke on consent calendar items at the Board of Supervisors meeting.
(01:24:47)
Public Comments closed.
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Approve Warrant Resolution No. 2630.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member Reynolds,
and Mayor Pro Tern Stephens.
Nays: None
Absent: Council Member Genis, Council Member Mansoor
Abstain: Mayor Foley
Minutes — Regular Meeting — November 19, 2019 — Page 6
Motion carried: 4-0-2-1
ACTION:
City Council approved Warrant Resolution No. 2630.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): NONE
OLD BUSINESS: NONE
NEW BUSINESS: (01:26:27)
1. APPROVAL OF DEFERRED FINANCE, DEVELOPMENT SERVICES,
INFORMATION TECHNOLOGY, AND POLICE DEPARTMENT'S REQUESTS
FROM FISCAL YEAR 2019-20 BUDGET ADOPTION (01:26:35)
Staff presentation by Ms. Telford, Finance Director and Captain Glass.
Discussion ensued on phasing the purchasing of the vehicles, the budget for each
year, the L3 video vehicle system, the asset forfeiture fund, budget adjustments,
grant funding, and equipment funding.
Public Comments:
Ralph Taboada, Costa Mesa, Thanked Ms. Telford and Captain Glass for their
work on the budget. (01:55:05)
Beth Refakes, Costa Mesa, spoke on moving ahead on the mobile command
vehicle and applying for grant funding. (01:57:03)
Speaker, spoke on the workload of the Police Department. (01:58:11)
Speaker, spoke on funding the Police Department. (01:59:57)
Public Comments closed.
MOVED/SECOND: Council Member Marr/Mayor Foley
MOTION: Approve recommended actions with a change to #3.
Council Members Marr, Reynolds, and Chavez, Mayor Pro Tern Stephens, and
Mayor Foley spoke to supporting the motion and thanked staff for their work.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member
Reynolds, and Mayor Pro Tem Stephens.
Nays: None
Minutes — Regular Meeting — November 19, 2019 — Page 7
Absent: Council Member Genis, Council Member Mansoor
Motion carried: 5-0-2
ACTION:
City Council approved the following items that were ultimately deferred during the
June 18, 2019 budget adoption hearing:
1. Information Technology Department: Eliminated one part-time Intern and one
part-time Programmer Analyst and added one full-time equivalent Network
Administrator; and
2. Development Services Department: Eliminated one part-time Code
Enforcement Officer and reclassified two existing part-time Code Enforcement
Officers to full-time Code Enforcement Officers; and
3. Police Department: Authorize the City Manager to enter into a master financing
agreement for a principal amount not -to -exceed $1.5 million for the purchase of
the Mobile Command Vehicle.
4. Police Department: Approved a budget adjustment appropriating $1.125 million
(the amount needed to upgrade or replace the L3 police car video system and
five replacement vehicles, plus a ten percent contingency); and
5. Police Department: Approved the three-year funding and implementation plan
for the requested items.
2. MAYOR'S APPOINTMENT TO THE PLANNING COMMISSION, AT -LARGE
SEAT (02:11:39)
Staff presentation by Ms. Green, City Clerk.
Public Comments:
Marc Perkins, Costa Mesa, spoke on his application to the Planning Commission.
(02:12:54)
Flo Martin, Costa Mesa, spoke in support of Marc Perkins for the Planning
Commission. (02:14:27)
Speaker, Costa Mesa, spoke in support of Marc Perkins for the Planning
Commission. (02:16:26)
Ralph Taboada, Costa Mesa, spoke in support of Marc Perkins for the Planning
Commission. (02:17:55)
Speaker, Costa Mesa, spoke in support of Marc Perkins for the Planning
Commission. (02:19:08)
Minutes — Regular Meeting — November 19, 2019 — Page 8
Public Comments closed.
MOVED/SECOND: Mayor Foley/Mayor Pro Tern Stephens
MOTION: Appoint Marc Perkins to the At -Large Seat on the Planning Commission.
Council Members Marr, Chavez, and Reynolds, Mayor Pro Tern Stephens, and
Mayor Foley spoke on supporting the motion.
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: None
Absent: Council Member Genis, Council Member Mansoor,
Motion carried: 5-0-2
ACTION:
City Council appointed Marc Perkins to the Planning Commission, At -Large seat,
term expiring January, 2021.
3. ORANGE COUNTY REGISTRAR OF VOTERS BALLOT DROP BOX LICENSE
AGREEMENTS AND VOTE CENTER FACILITY USE AGREEMENTS (02:27:18)
Staff presentation by Ms. Green, City Clerk.
Discussion ensued on why certain locations were chosen, TeWinkle Park as a
location, and the number of drop boxes.
Public Comments: None
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: Approve recommended actions.
Council Member Chavez spoke on the importance of voting.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member Reynolds,
and Mayor Pro Tern Stephens.
Nays: None
Absent: Council Member Genis, Council Member Mansoor,
Motion carried: 5-0-2
ACTION:
1. City Council approved the two License Agreements with the Orange County
Registrar of Voters for placement of Official Ballot Drop Boxes on City property
at the Mesa Verde Library and Tewinkle Park; and
Minutes — Regular Meeting — November 19, 2019 — Page 9
2. Approved the four Vote Center Facility Use Agreements at the Donald Dungan
Library, the Costa Mesa Senior Center, the Balearic Center, and City Hall; and
3. Authorized the City Manager to execute the License Agreements and Vote
Center Facility Use Agreements.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (02:36:55)
Council Member Chavez requested large item pick up on Shalimar Street.
ADJOURNMENT
Mayor Foley adjourned the meeting at 8:44 p.m.
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ATTEST:
Brenda Green, City C rk
Minutes — Regular Meeting — November 19, 2019 — Page 10