HomeMy WebLinkAbout6-25-19 MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
JUNE 259 2019
CALL TO ORDER
The Special Closed Session was called to order by Mayor Foley at 5:01 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 5:02 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 5:02 p.m. for Closed Session to consider the
following items:
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
CALL TO ORDER (00:00:12)
The meeting was called to order by Mayor Foley at 6:07 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:21) — Mayor Foley
ROLL CALL (00:00:53)
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
CITY ATTORNEY CLOSED SESSION REPORT (00:00:58) — No Reportable Action
PRESENTATIONS — NONE
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 1
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA:
Liz McNabb, District Coordinator for Assemblywoman Cottie Petrie -Norris, provided an
update on State Legislation; and invited all to a Car Seat Safety Check-up on June 29tn
and an appointment's workshop for State Board's Committees and Commissions on July
18tn (00:01:23)
Kim Hendricks, Costa Mesa, spoke on Fairview Park. (00:03:19)
Cindy Black, Costa Mesa, spoke on proposed projects at Fairview Park including
opposition to the storm drain project. (00:06:27)
Speaker, spoke in opposition to the John Wayne Airport expansion. (00:09:41)
Beth Refakes, Costa Mesa, spoke on parking problems at the Historical Society;
requested a drone policy; and spoke on homeless issues. (00:11:54)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:15:45)
Council Member Marr spoke on Municipal bonds; and invited all to a community coffee
on June 271n at the Starbucks on Baker and Fairview. (00:15:58)
Council Member Mansoor — No comments.
Council Member Genis thanked individuals for attending the Orange County Supervisors
meeting on the John Wayne Airport expansion issue; and spoke on regulations pertaining
to drones. (00:16:54)
Council Member Reynolds thanked the staff and public; reported on a ride -along with the
park rangers; spoke on Fairview Park Steering Committee report and activities; Bikeway
and Walkability Committee report and activities; reported on attendance at the Shelter
Advisory Committee meeting; and requested the City Manager for an update on fireworks
mitigation and mitigation for the parking impacts during the Orange County Fair.
(00:18:53)
Council Member Chavez spoke on a meet and greet at Neat Coffee with Council Member
Reynolds and reported on problems with alleyways; and encouraged attendance at the
new library during the summer. (00:22:19)
Mayor Pro Tern Stephens spoke on the July 3rd Independence Day Celebration and
thanked the event sponsors. (00:23:21)
Chief Stefano spoke on a Fire Department memorial ceremony in New York honoring
Captain Mike Kreza. (00:25:43)
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 2
Mayor Foley reported on attendance with Mayor Pro Tern Stephens at Someone Cares
Soup Kitchen Annual Gala event; thanked staff Doreen and Matt in the Neighborhood
Improvement Division for assisting a homeless woman; spoke on publicizing the shelter's
phone number; and reported on the Orange County Board of Supervisors meeting on
John Wayne Airport expansion. (00:28:10)
REPORT — CITY MANAGER (00:32:14) — Ms. Letourneau spoke on the upcoming
Orange County Fair and parking and permits; and the City Hall closure on July 4th and
July 5th in observance of the 4th of July holiday.
REPORT — CITY ATTORNEY (00:39:25) - NONE
CONSENT CALENDAR (00:39:31)
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Reynolds
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 12
except for 3 and 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
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: Judith Juarez, Keith Longerot, Barbara J. Parks,
Boyko Racing, Inc., Redhill-Lokat LLC, Charles Rollins, Serg Swiderski and Chad
Wilson.
ACTION:
City Council received and filed.
MINUTES -ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 3
4. PLACENTIA AVENUE BICYCLE SIGNAL INSTALLATION, FEDERAL PROJECT
NO. CML — 5312 (095), CITY PROJECT NO. 18-04
ACTION:
City Council accepted the work performed by Alfaro Communications Construction,
Inc. for the subject project, and authorized the City Clerk to file the Notice of
Completion.
6. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
FIRST CARBON SOLUTIONS
ACTION:
1. City Council approved Amendment No. 1 to the Professional Services
Agreement (PSA) with First Carbon Solutions to increase the PSA by $11,500,
for a total not -to -exceed amount of $61,315; and
2. Authorize the Acting City Manager or designee and City Clerk to execute the
amendment and future amendments to the PSA within Council authorized
limits.
7. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS16-00348 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION
FOR TRACT 17869 AT 1672 PLACENTIA AVENUE, COSTA MESA, CALIFORNIA
ACTION:
City Council authorized the Acting City Manager to release the Performance and
Labor and Material Bonds (Certificate No. P1310163700435) for $42,267.80 each
for street improvements and for setting corner monuments in the amount of
$5,000.00 (Certificate No. P1310163700436) to Chris Borland of Melia Homes
(Developer), Irvine, CA 92618.
8. AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH LYONS
SECURITY SERVICE, INC., TO PROVIDE SECURITY GUARD SERVICES FOR
THE LIONS PARK CAMPUS AND THE COSTA MESA SENIOR CENTER
ACTION:
1. City Council awarded a Professional Services Agreement (PSA) to Lyons
Security Service, Inc., in the amount of $255,000 for unarmed security guard
services for the Lions Park Campus and the Costa Mesa Senior Center; and
2. Authorized the Acting City Manager and City Clerk to execute the PSA; and
3. Authorized the City Manager and City Clerk to execute future changes and
amendments to the agreement and allow up to an additional 10% contingency
in the amount of $25,500.
MINUTES -ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 4
9. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City's Maintenance of Effort (MOE) for Fiscal Year
2019-20; and
2. Approved the Seven -Year Capital Improvement Program (CIP) comprised of
the City's Five -Year and future year CIP for Fiscal Year 2019-20 through Fiscal
Year 2025-26; and
3. Adopted Resolution No. 19-34 for the Master Plan of Arterial Highways
Conformance and Mitigation Fee Program.
10. RENEWAL OF CONTRACT WITH VERIZON FOR WIRELESS VOICE AND DATA
SERVICES
ACTION:
1. City Council authorized the Acting City Manager to execute a Purchase Order
with Verizon in the total amount of $68,299 for wireless voice and data services;
and
2. Authorized the City Manager to utilize NASPO's future negotiated agreement
(following the existing expiration of December 31, 2019), or amended existing
agreement, and execute a purchase order in accordance with the Council
approved budgeted amounts.
11. FUEL DELIVERY SERVICE
ACTION:
1. City Council approved the Agreement with Merrimac Petroleum, Inc., OBA
Merrimac Energy Group, 1240 Wardlow Road, Long Beach, CA 90807, for
the purchase and delivery of unleaded fuel in an annual amount not to
exceed $350,000, based upon pricing provided through a Cooperative
Agreement with the County of Orange, Contract MA-017-16011533, for an initial
term of two (2) years effective July 1, 2019; and
2. Approved the Agreement with Merrimac Petroleum, Inc., OBA Merrimac
Energy Group, 1240 Wardlow Road, Long Beach, CA 90807, for the purchase
and delivery of diesel fuel in an annual amount not to exceed $200,000, based
upon pricing provided through a Cooperative Agreement with the County of
Orange, Contract RCA-017-18010009, for an initial term of three (3) years
effective July 1, 2019; and
3. Authorized the Acting City Manager and City Clerk to execute the agreements
and future authorized amendments to the agreements.
MINUTES -ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 5
12. APPROVAL OF AN AGREEMENT FOR TEMPORARY ASSIGNMENT OF
VEHICULAR EQUIPMENT WITH STATE OF CALIFORNIA OFFICE OF
EMERGENCY SERVICES THAT PROVIDES A FIRE ENGINE TO THE CITY OF
COSTA MESA, COSTA MESA FIRE & RESCUE DEPARTMENT
ACTION:
City Council approved an Agreement for Temporary Assignment of Vehicular
Equipment with the State of California, Governor's Office of Emergency
Services, Fire and Rescue Division, and authorized the Fire Chief to execute
the same on behalf of the City of Costa Mesa.
ITEMS REMOVED FROM THE CONSENT CALENDAR (00:40:50)
3. WARRANT RESOLUTION NO. 2621 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 19-11 FOR $2,666,510.71 AND CITY
OPERATING EXPENSES FOR $3,553,985.00; AND SPECIFYING THE FUNDS
OUT OF WHICH THE SAME ARE TO BE PAID (00:40:54)
Public Comment:
Speaker, spoke on expenditures on sober living; and legal action against the FAA
regarding the John Wayne Airport expansion. (00:40:58)
MOVED/SECOND: Council Member Reynolds/Council Member Marr
MOTION: Approve Warrant Resolution No. 2621.
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. 2621.
5. TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION (00:43:01)
Zach Hoferitza, Police Sergeant, presented the staff report. (00:43:34)
Council Member Genis requested additional patrols in the surrounding
neighborhoods. (00:45:11)
Sgt. Hoferitza spoke on a volunteer program with parking patrol through the police
department. (00:47:27)
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 6
Public Comments:
Jack Lucas, Costa Mesa, spoke on overflow parking problems on Hanover Drive
during the Orange County Fair; and parking lot lights and traffic problems at Orange
Coast College. (00:48:24)
Jay Humphrey, Costa Mesa, spoke on parking problems associated with the Orange
County Fair. (00:51:24)
Mark Ingram, Costa Mesa, spoke on overflow parking problems on Hanover Drive
during the Orange County Fair; the need for adequate signage throughout the entire
period of the Orange County Fair; and not ticketing on an empty street. (00:54:02)
Lynn Konan, Costa Mesa, spoke on overflow parking problems during the Orange
County Fair including trash issues; and requested additional patrols. (00:57:05)
Public Comments closed.
Discussion ensued on the cost of the contract; designating resources on Merrimac;
and clarification on the signage. (00:58:17)
Council Member Mansoor requested the police to touch base with the residents on
Hanover Drive. (01:03:08)
Discussion ensued on the non -emergency number; reporting problems occurring
during the Orange County Fair; and police patrols for problems and disturbances at
Orange Coast College; problems with the Waze application; and meeting with the
new President of the Orange Coast College regarding the issues. (01:04:10)
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Marr
MOTION: Approve recommended actions.
Council Member Marr spoke on the motion. (01:13:33)
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Marr
ORIGINAL MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
1. City Council approved the 2019 contract between the City and the 32nd District
Agricultural Association for traffic management services for the Orange County
Fair; and
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 7
2. Approved the 2019 contract between the City and the 32nd District Agricultural
Association for traffic management services for all designated year-round
events at the Orange County Fair and Event Center ("OCFEC"); and
3. Authorized the Chief of Police to execute the contracts; and
4. Authorized the City Manager or the City Manager's designee to execute any
amendments to the contracts.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): NONE
OLD BUSINESS: NONE
City Council recessed into a break at 7:21 p.m.
City Council reconvened at 7:32 p.m.
NEW BUSINESS (01:15:11)
1. APPROVAL OF THE USE AGREEMENT WITH THE HARBOR SOARING
SOCIETY FOR THE USE OF A PORTION OF FAIRVIEW PARK (01:15:23)
Cynthia D' Agosta, Fairview Park Administrator, presented the staff report. (01:15:47)
Public Comments:
Henry Smith, Harbor Soaring Society Vice -President, provided a power point
presentation on the item. (01:48:09)
Justin Tim, spoke in support of the Harbor Soaring Society and City Use Agreement.
(01:53:33)
Paula Hung, spoke in support of the Harbor Soaring Society and City Use
Agreement. (01:55:28)
Ann Harmer, expressed concerns regarding an incident where a plane
crashed and spoke on enforcement and ticketing of those who disobey the rules.
(01:57:00)
Kim Hendricks, Costa Mesa, spoke against the Harbor Soaring Society and City Use
Agreement. (01:58:58)
James Hansen, Costa Mesa, spoke in support of the Harbor Soaring Society and
City Use Agreement. (02:02:06)
Jay Humphrey, as a member of the Fairview Park Alliance, spoke in support of the
gliders but no powered planes and no drones; and as a Costa Mesa resident, spoke
on a study that will be conducted by the City. (02:04:58)
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 8
Speaker, spoke in support of the Harbor Soaring Society and City Use Agreement.
(02:08:10)
Robin Leffler, Costa Mesa, spoke in support of restricting to the silent planes; and
spoke on enforcement. (02:10:34)
Speaker, spoke in support of the Harbor Soaring Society and City Use
Agreement. (02:11:50)
Cindy Black, Costa Mesa, spoke in support of the gliders only. (02:12:54)
John Anderson, Harbor Soaring Society General Director, spoke in support of the
Harbor Soaring Society and City Use Agreement. (02:14:14)
John Rittenhouse, Costa Mesa, Harbor Soaring Society President, spoke in support
of the Harbor Soaring Society and City Use Agreement. (02:16:44)
Don Wittenberg, member of the Harbor Soaring Society, spoke in support of the
Harbor Soaring Society and City Use Agreement. (02:19:03)
Betina Eastman, Costa Mesa, spoke on dog leash enforcement; and flyers that do
not have permits. (02:21:13)
Dave Meriweather, Associate Vice -President of the Academy of Model Aeronautics
(AMA), spoke on working with the Harbor Soaring Society; and national resources to
help the City and the citizens. (02:23:17)
Public Comments Closed.
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tern Stephens
MOTION: Approve recommended actions. (02:24:12)
Council Member Mansoor spoke on the motion. (02:24:53)
Mayor Pro Tern Stephens spoke on the motion. (02:27:52)
Discussion ensued on motorized planes vs. gliders; mowing the area around the
field; and the AMA Membership. (02:31:55)
MOVED/SECOND: Council Member Genis/Council Member Chavez
SUBSTITUTE MOTION: Extend the contract for a year and have the study come
back in 6 months prior to the nesting season. (02:40:58)
Council Member Genis spoke on the substitute motion. (02:42:07)
Council Member Chavez spoke to supporting the substitute motion. (02:43:38)
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 9
Tamara Letoumeau, Acting City Manager, spoke on the 6 month deadline.
(02:44:51)
Kimberly Barlow, City Attorney, clarified that the agreement they will be voting on is
the agreement as amended. Both Council Member Genis and Council Member
Chavez concurred. (02:45:21)
Discussion ensued on the impacts of accelerating the study; restoration efforts of
Fairview Park; City issued permits; flyers' interaction with wildlife; and bringing back
an amendment to the ordinance. (02:45:54)
Council Member Reynolds requested Council Member Genis (the maker of the
substitute motion) to add language to the ordinance specifically addressing
interaction with wildlife. (02:49:16)
Ms. Barlow stated that the language can be added to the agreement but it will only
affect the members of the Harbor Soaring Society. (02:49:30)
Council Member Genis and Council Member Chavez agreed to add the language to
the agreement. (02:50:16)
Council Member Reynolds requested Council Member Genis to include in the motion
that if at any time, we have indication from the State or Federal Fish and Wildlife
that any activity is unacceptable and could threaten the ability to obtain grants that
we bring it back to Council for review. Council Member Genis and Council Member
Chavez (the second) concurred. (02:50:25)
Council Member Marr spoke to not supporting the motion; spoke on a six month
moratorium; and finding a location that is not too close to vernal pools. (02:52:16)
Mayor Pro Tern Stephens spoke to not supporting the substitute motion; and
spoke on addressing issues involving mosquitoes. (02:53:32)
Council Member Mansoor spoke in support of the original motion. (02:56:35)
Council Member Genis clarified the substitute motion. (02:58:37)
Discussion ensued on the process and priorities. (03:00:23)
Council Member Reynolds requested Council Member Genis to modify the substitute
motion and state to have the study come back in six months by the start of the nesting
season. Council Member Genis concurred. (03:03:13)
Council Member Chavez withdrew his second to the substitute motion. (03:04:22)
Council Member Reynolds seconded the substitute motion. (03:05:10)
MINUTES -ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 10
MOVED/SECOND: Council Member Genis/Council Member Reynolds
SUBSTITUTE MOTION: Extend the contract for a year and have the study come
back in 6 months by the start of the nesting season.
The motion failed by the following roll call vote:
Ayes: Council Member Genis and Council Member Reynolds
Nays: Council Member Chavez, Council Member Mansoor, Council Member Marr,
Mayor Pro Tern Stephens, and Mayor Foley.
Absent: None
Motion failed: 2-5
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tern Stephens
ORIGINAL MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Mansoor, Council Member
Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: Council Member Marr and Council Member Genis.
Absent: None
Motion carried: 5-2
ACTION:
1. City Council approved a new, updated use agreement with the Harbor Soaring
Society (HSS) for a period of one year, July 1, 2019-June 30, 2020; and
2. Directed staff to conduct a comprehensive evaluation of the value of the
partnership between HSS and the City, and to assess the compatibility of all
flying activity with the Master Plan for Fairview Park and Measure AA, as
recommended by the Fairview Park Steering Committee (FVP SC) and the
Parks, Arts and Community Services Commission (PACS), within a one-year
period (July 2019-June 2020).
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (03:06:30)
Council Member Chavez thanked Ms. Letourneau.
Mayor Pro Tern Stephens congratulated Council Member Reynolds for obtaining her
Master's Degree in Business Administration.
Council Member Genis congratulated Council Member Mansoor on the latest addition to
his family.
ADJOURNMENT (03:08:00) — Mayor Foley adjourned the meeting at 9:30 p.m.
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 11
Minutes adopted on this 17th day of September, 2019.
ATTEST:
. L ci22�142
Brenda Green, Cijj Clerk
MINUTES - ADJOURNED REGULAR MEETING - JUNE 25, 2019 - PAGE 12