HomeMy WebLinkAbout9-03-19 MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SEPTEMBER 3, 2019
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 4:06 p.m.), Council Member Marr, Council Member
Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Absent: None
The City Council recessed to Room 5A at 4:06 p.m. for Closed Session to consider the
following items:
1. 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.
2. 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.
3. 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, and Justin Martin, Acting Assistant
City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA)
4. PUBLIC EMPLOYMENT, REQUEST FOR SPECIAL LEAVE OF ABSENCE
Pursuant to Subdivision (b)(1) of Section 54957, California Government Code
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 1
CALL TO ORDER (00:00:30)
The meeting was called to order by Mayor Foley at 6:01 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:42)
Ms. Vita Muccia
MOMENT OF SOLEMN EXPRESSION (00:02:56)
Pastor David Manne, Calvary Chapel, Costa Mesa
ROLL CALL (00:04:24)
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, 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 (00:04:45) — Ms. Barlow stated there
was reportable action taken on Closed Session Item Number 4, in which the Council
approved a special leave of absence for a City employee on a unanimous vote with motion
made by Mayor Foley and seconded by Mayor Pro Tern Stephens.
PRESENTATIONS: (00:05:17)
1. Mayor's Award — Rebekah Robeck, CMHS student/founder of "Let's Be Kind Day"
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: (00:16:59)
Liz McNabb, District Coordinator for Cottie Petrie Norris, thanked the City of Costa Mesa,
United Way, and the United Methodist Church for Public Art Mural unveiling; provided an
update on legislation; and spoke on upcoming Art Venture event. (00:17:23)
Al Melone, Costa Mesa, spoke on code enforcement issues and group homes. (00:19:06)
Jeffery Holt, Project Independence, invited Council and public to tenth annual walkathon
at TeWinkle Park. (00:21:30)
Hank Castignetti, spoke on new Model Engineers train equipment and invited Council
members and staff to unveiling and fundraising event. (00:23:13)
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 2
Kevin RuoRock, Costa Mesa, spoke on parking issues on Monrovia around Victoria St.
and Federal. (00:25:54)
DeeDee RuoRock, Costa Mesa, spoke on parking issues in Freedom Homes area.
(00:28:28)
Brian Pruitt, Costa Mesa, spoke on parking issues in neighborhood on Monrovia.
(00:31:32)
David Ramirez, Costa Mesa, spoke on parking issues in neighborhood on Victoria St.
(00:32:25)
Mark Curondo, Costa Mesa, spoke about a lack of access to Lions Park and surrounding
open space. (00:33:34)
Olga Reynolds, Costa Mesa, spoke on barriers causing problems for bicyclists, and
concern for lack of access to Lions Park. (00:35:06)
Robin Leffler, Costa Mesa, expressed concern on the amount of the reserves. (00:36:27)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:37:38)
Council Member Chavez, spoke on a District 4 tour, and on parking problems and
parks. (00:37:51)
Council Member Marr, spoke on the Art Venture event and encouraged attendance,
spoke on safety issues and to call the police non -emergency line, spoke on parking
problems, and on housing numbers (RHNA). (00:40:52)
Council Member Mansoor, spoke on parking problems and impacts. (00:45:33)
Council Member Genis, spoke on West Nile Virus and mosquito safety, parking
problems and disclosure, and spoke on housing numbers (RHNA). (00:46:26)
Council Member Reynolds, spoke on painting crosswalks, pleased to see officers on
bikes and crosswalk safety demonstrations, spoke on water efficiency measures,
thanked Boy Scout Troop 339 who learned about local government, spoke on Bike &
Walkability Committee update, Fairview Park Committee update, and Shelter Advisory
Committee update, and spoke on the 4th bike ride she will be hosting. (00:50:30)
Mayor Pro Tern Stephens, spoke on Lions Parks and homelessness issues, spoke on
the City reserves and the policy being reviewed by the FIPAC Committee, spoke on
addressing parking problems, and encouraged attendance at Art Venture. (00:54:50)
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 3
Mayor Foley, spoke on recognizing Labor Day, encouraged taking the bus to the beach,
spoke on budget issues and encouraged shopping in Costa Mesa, spoke on roundtable
discussion with Chapman University on housing, spoke on completing Lions Parks as
soon as possible, spoke on September 30th golf tournament for Lions Club Fish Fry,
spoke on an update on sober living home litigation, and on adjourning the meeting in
memory of retired Costa Mesa Fire Chief John Petruzziello. (00:58:41)
REPORT — CITY MANAGER - Ms. Farrell Harrison spoke on September as National
Preparedness Month and that public employees are disaster service workers.
(01:02:50)
REPORT — CITY ATTORNEY - Ms. Hall Barlow reported that the Federal District Court
issued its ruling on the SoCal Recovery vs. City of Costa Mesa case, denying the request
to preliminarily enjoin the City's ordinances relating to sober living homes in single family
residence and multi -family neighborhoods. (01:06:19)
CONSENT CALENDAR:
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez
MOTION: Move Consent Calendar Item No. 12 to before Public Hearing Items, and to
move the remaining Consent Calendar Items to after Public Hearings.
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
12. ASSOCIATE MEMBERSHIP IN CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY (CEDA) (01:08:14)
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Adopt Resolution No. 19-58, approving an Associate Membership
Agreement between the City of Costa Mesa and the California Enterprise
Development Authority (CEDA).
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:
City Council adopted Resolution No. 19-58, approving an Associate Membership
Agreement between the City of Costa Mesa and the California Enterprise
Development Authority (CEDA).
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 4
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. PUBLIC HEARING FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT
1903 SANTA ANA AVENUE (01:13:06)
Mr. Mejia, City Engineer, presented this item.
Discussion ensued on systematically doing street vacations instead of on a case
by case basis.
Public Comments: None.
MOVED/SECOND: Council Member Mansoor/Council Member Genis
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
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 adopted proposed Resolution No. 19-50, ordering the vacation of a
portion of a right-of-way at 1903 Santa Ana Avenue; and
2. Authorized execution of the Quitclaim Deed by the Mayor and the City Clerk.
2. CONDUCT TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA)
HEARING AND ADOPT A RESOLUTION APPROVING THE ISSUANCE OF
NOT TO EXCEED $75,000,000 OF CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY REVENUE OBLIGATIONS FOR THE BENEFIT
OF ORANGE COUNTY MUSEUM OF ART (OCMA) (01:20:48)
Mr. Inloes, Economic Development Administrator, presented this item.
Public Comments: None.
MOVED/SECOND: Council Member Reynolds/Council Member Genis
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 5
ACTION:
1. City Council conducted a public hearing as required by Section 147(f) of the
Internal Revenue Code of 1986 to receive comments relating to the issuance by
the California Enterprise Development Authority (CEDA) (the "Authority") of not
to exceed $75,000,000 of the Authority's Revenue Obligations (the
"Obligations") for the benefit of Orange County Museum of Art, a California
nonprofit public benefit corporation (the "Borrower"); and
2. Adopted Resolution No.19-59, approving the issuance of the Obligations by
the Authority to finance and refinance the Facilities for the benefit of the
Borrower.
3. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF
PLANNING APPLICATION 19-12, A MASTER PLAN FOR A MIXED -USE
PROJECT (THE PLANT) AT 765-767 BAKER STREET AND 2972 CENTURY
PLACE (01:24:28)
Mr. Lee, Senior Planner, presented the item.
Discussion ensued on patio variances, parking, dancing and live entertainment, air
shafts, lot line configuration, and condition #42.
Public Comments:
Jay Humphrey, Costa Mesa, spoke on setting precedents and providing seating in
open areas. (01:38:10)
Robin Leffler, Costa Mesa, spoke in support of consolidating the lot and expressed
concerns on parking. (01:40:18)
Cynthia McDonald, Costa Mesa, spoke on the lot line issue, and setbacks, and in
support of the project. (01:42:06)
Speaker, Costa Mesa, spoke on parking concerns and impacts to surrounding
businesses. (01:45:06)
Public Comments closed.
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez
MOTION: Uphold the Planning Commission's decision to approve Planning
Application 19-12 by adoption of Resolution No. 19-60 with the following revision
to Code Requirement Number 42:
42. Prior to issuance of building permits, the applicant shall record a Lot Line
Adjustment for the consolidation of the Lots 2, 3, and 4, subject to approval by
City staff. The Applicant shall record a deed restriction specifying that Lots 1
and 2 cannot be sold separately until either the existing building straddling the
lot lines is demolished, or the location of the lot line is otherwise resolved in a
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 6
manner that conforms to both the applicable provisions of the Costa Mesa
Municipal Code and the Subdivision Map Act.
Mayor Pro Tern Stephens and Council Member Chavez spoke in support of the
project.
Council Member Mansoor spoke to not supporting the motion due to reduced
parking standards and traffic trips generated.
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
Motion carried: 6-1
ACTION:
City Council upheld the Planning Commission's decision to approve Planning
Application 19-12 by adoption of Resolution No. 19-60 with the following revision
to Code Requirement Number 42:
42. Prior to issuance of building permits, the applicant shall record a Lot Line
Adjustment for the consolidation of the Lots 2, 3, and 4, subject to approval by
City staff. The Applicant shall record a deed restriction specifying that Lots 1
and 2 cannot be sold separately until either the existing building straddling the
lot lines is demolished, or the location of the lot line is otherwise resolved in a
manner that conforms to both the applicable provisions of the Costa Mesa
Municipal Code and the Subdivision Map Act.
City Council recessed into a break at 8:59 p.m.
City Council reconvened at 9:08 p.m.
4. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF
PLANNING APPLICATION 19-05 FOR A RESTAURANT EXPANSION WITH
LIVE ENTERTAINMENT AT 1749 AND 1763 NEWPORT BOULEVARD
(01:59:06)
Staff presentation by Mr. Lee, Senior Planner.
Discussion ensued on location of patio and variances, parking, live entertainment
permit, bike racks, shared parking agreements, and parking enforcement.
Public Comments:
Anthony Caravellis, spoke on parking problems.
Speaker, spoke on capacity and parking problems.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 7
Sid Crosley, spoke on parking and noise problems.
Cindy Black, spoke on parking and noise problems, and closing time.
Speaker, spoke on parking and noise problems.
John Marconi, spoke on parking problems.
Gary Monahan, Costa Mesa, spoke in support of the project.
John Martino, spoke on parking enforcement.
Speaker, spoke on the project.
Speaker, spoke on parking and noise concerns.
The applicants spoke on the project and responded to questions.
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Marr
MOTION: Uphold the Planning Commission's decision to approve Planning
Application 19-05 by adoption of Resolution No. 19-61 with the following changes:
1) Remove condition #15 regarding surveillance cameras; 2) change the ending
times for live music to 10:00 p.m. Sunday — Wednesday, and 12:00 midnight
Thursday — Saturday; and 3) No electronic music allowed at the site.
Discussion ensued on employee parking and an overall parking plan for the
entire center.
Council Member Chavez requested no electronic bass music. The maker of the
motion and second agreed.
Council Member Marr spoke on parking and enforcement and supporting the
motion.
Council Member Reynolds requested a provision for a bike rack. The maker of
the motion and second agreed.
Discussion ensued on the removal of trees, and enforcement.
Council Member Reynolds requested condition #5 to be updated for a 2"d offense
to be changed from 30 minutes to 1 hour earlier. The maker of the motion and
the second agreed.
Discussion ensued on offenses in a 60-day period and to change wording to first
confirmed violation.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 8
Council Member Genis requested a change in the findings in support for the
variance that other businesses have been allowed to use the parking lot. The
maker of the motion and the second agreed.
The City Manager clarified that staff will begin a parking plan analysis, greater
enforcement, look into meters, shared parking agreements, and potential outlet
on 18th St.
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 upheld, with changes, the Planning Commission's decision to approve
Planning Application 19-05 by adoption of Resolution No. 19-61.
City Council recessed into a break at 10:17 p.m.
City Council reconvened at 10:24 p.m.
5. CODE AMENDMENT CO-19-01 TO AMEND THE CITYWIDE LAND USE
MATRIX TO ALLOW EMERGENCY SHELTERS TO BE LOCATED IN THE
INDUSTRIAL PARK (MP) ZONE AND THE EMERGENCY SHELTER
DEVELOPMENT STANDARDS IN THE SPECIAL LAND USE REGULATIONS
IN TITLE 13 OF THE COSTA MESA MUNICIPAL CODE AND APPROVAL OF
AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE
PROPOSED EMERGENCY SHELTER AT 3175 AIRWAY AVENUE (04:07:49)
Mr. Curtis, Director of Economic and Development Services, presented the item.
Public Comments:
Speaker, spoke on Newport Beach putting a homeless shelter on Placentia and
W. 16th St, requests City Council to reach out to Newport Beach.
Ralph Taboada, Costa Mesa, spoke on Costa Mesa looking at potentially
consolidating services with Newport Beach.
Speaker, Costa Mesa, spoke on joining forces and a dialogue with Newport Beach.
Olga Reynolds, Costa Mesa, spoke on residents need to rally to prevent Newport
Beach putting a homeless shelter on 16th street.
Public Comments closed.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 9
MOVED/SECOND: Council Member Chavez/Council Member Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Mansoor, Council Member Marr, Council Member Reynolds, Mayor Pro Tern
Stephens, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
1. As recommended by the Planning Commission and as contingently approved
by the Orange County Airport Land Use Commission, approve Code
Amendment 19-01, by taking the following actions:
a. Approved Resolution No. 19-62, adopting an Initial Study/Mitigated
Negative Declaration (IS/MND), including the Mitigation Monitoring and
Reporting Program, for the proposed project. This document analyzes the
environmental impacts of the proposed project. Environmental impacts are
mitigated to below a level of significance.
b. Introduced Ordinance No. 19-15 for first reading, read by title only, which
amends Title 13, Chapter IV and IX of Costa Mesa Municipal Code as
follows:
1) amend the Citywide Land Use Matrix to allow an emergency shelter
to locate in the Industrial Park (MP) zone subject to a conditional
use permit and add Footnote 10 to the Citywide Land Use Matrix to
state that shelters located on sites owned, controlled, and/or
operated by the City in the MP or PDI zones would be a permitted
use and that standards in subsections (1), (2), (4), (8), (10) and (13)
of section 13-200.79 would not apply to such use; and
2) revise four existing Development Standards to clarify intent; add a
new standard to require shelter operators to patrol the area within
one-half mile of a shelter site to ensure that shelter clients and other
individuals are not congregating in the area around a shelter; and a
new standard to require that the procedures of the Public Utilities
Code calling for compatibility with the John Wayne Airport Environs
Land Use Plan apply to all emergency shelters located in the MP
Industrial Park Zone that are also located in an area that is subject
to the jurisdiction of the Orange County Airport Land Use
Commission, excepting only those owned and/or operated by the
City.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 10
CONSENT CALENDAR: (04:23:14)
MOVED/SECOND: Council Member Marr/Mayor Pro Tern Stephens
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 13
except for 3, 5, 7, 8, 9, 12, and 13.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member Mansoor,
Council Member Marr, Council Member Reynolds, Mayor Pro Tem Stephens, and Mayor
Foley.
Nays: None
Absent: None
Motion carried: 7-0
1. PROCEDURAL WAIVER: 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: Anthony Kyle Brogles, Jaret Brown, Odulio
Garcia, Lea Gibbs, Brad Prescott, Ashley Blundell -Sanders and John Robert
Sanders, and Joshua Robert Smith.
ACTION:
City Council received and filed.
4. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY MEETING OF JUNE 4, 2019
ACTION:
City Council approved the minutes of June 4, 2019.
6. DAVIS FIELD PARKWAY RENOVATION PROJECT, CITY PROJECT NO. 19-02
ACTION:
1. City Council accepted the work performed by BrightView Landscape Services,
Inc. for the subject project, and authorized the City Clerk to file the Notice of
Completion; and
2. Authorized the City Manager to release the Labor and Material Bond seven (7)
months after the filing date, release the Faithful Performance Bond if appropriate,
at the conclusion of the one-year warranty period, and release the retention
monies 35 days after the Notice of Completion filing date.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 11
10. FISCAL YEAR 2016 COMPLEX COORDINATED TERRORIST ATTACK GRANT
PROGRAM FUNDING
ACTION:
1. City Council authorized the City Manager, or designee, to execute the Transfer
Agreement for the FY 2016 Complex Coordinated Terrorist Attacks (CCTA)
Grant; and
2. Adopted Resolution No. 19-56 authorizing the application for, and acceptance
of, grant funds under the CCTA Grant Program; and
3. Authorized a budget adjustment recognizing $14,307.00 from the CCTA Grant
Program funds and appropriating $14,307.00 in the Police Department budget for
the specified purposes.
11. 2019 HAZARD MITIGATION GRANT PROGRAM FUNDING
ACTION:
1. City Council adopted Resolution No. 19-57, which authorizes the acceptance of
funds under the Hazard Mitigation Grant Program (HMGP); and
2. Authorized a budget adjustment recognizing $149,990.25 from the HMGP funds
and appropriating $149,990.25 in the Police Department budget for the specified
purposes.
ITEMS PULLED FROM THE CONSENT CALENDAR:
3. WARRANT RESOLUTION NO.2625 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NOS. 19-14 "A" FOR $-88.27; 19-15 FOR
$2,836,896.81; 19-16 FOR $2,728,172.87; 19-16 "A" $155.77; 19-17 FOR
$2,786,224.45 AND CITY OPERATING EXPENSES FOR $5,270,135.26; AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
04:25:58
Public Comment:
Speaker, spoke on legal costs associated with sober living homes. (04:26:04)
Public Comment closed.
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Approve Warrant Resolution No. 2625.
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 Pro Tem
Stephens.
Nays: None
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 12
Absent: None
Abstain: Mayor Foley
Motion carried: 6-0-0-1
ACTION:
City Council approved Warrant Resolution No. 2625.
13. APPROVE THE MAINTENANCE
MAINTENANCE SERVICES AND
ARBORISTS, INC. (04:28:49)
Public Comments: None.
SERVICES AGREEMENT FOR TREE
TREE CARE WITH WEST COAST
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
Mansoor, Council Member Marr, Council Member Reynolds, and Mayor Pro Tern
Stephens.
Nays: None
Absent: None
Abstain: Mayor Foley
Motion carried: 6-0-0-1
ACTION:
1. City Council approved the Maintenance Services Agreement with West Coast
Arborists, Inc., for tree maintenance services and tree care in the annual amount
of $616,352.00, based upon pricing provided through a cooperative agreement
with the City of Encinitas, for an initial term ending November 30, 2021, with the
option to extend the agreement for one successive two (2) year period, contingent
upon the duration of the City of Encinitas's agreement with West Coast Arborists,
Inc. If the extension option is exercised, the prices would be subject to increases
based upon the Consumer Price Index (CPI) during such extension period; and
2. Authorized an annual ten (10) percent contingency to address unforeseen and
emergency costs, which would increase proportionately with CPI; and
3. Authorized the City Manager and City Clerk to execute the agreements and future
authorized amendments to the agreements.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 13
5. SECOND READING OF ORDINANCE NO. 19-13 FOR AMENDMENT TO TITLE
13, CHAPTER IX AND TABLE 13-30 OF CHAPTER IV OF THE COSTA MESA
MUNICIPAL CODE RELATED TO NEEDLE AND SYRINGE EXCHANGE
PROGRAMS (04:32:14)
Public Comment:
Speaker, spoke against a needle exchange program. (04:32:54)
Public Comments closed.
MOVED/SECOND: Council Member Marr/Council Member Reynolds
MOTION: Adopt Ordinance No. 19-13 (Code Amendment CO-19-02), read by title
only, amending Title 13 of the Costa Mesa Municipal Code related to needle and
syringe exchange programs in all zoning districts in the City.
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 adopted Ordinance No. 19-13 (Code Amendment CO-19-02), read by
title only, amending Title 13 of the Costa Mesa Municipal Code related to needle and
syringe exchange programs in all zoning districts in the City.
7. APPOINTMENT OF CITY NEGOTIATORS FOR THE COSTA MESA
FIREFIGHTERS ASSOCIATION (CMFA) MEET AND CONFER AND
AUTHORIZATION TO PROCEED WITH THE FINANCIAL ANALYSIS OF THE
CURRENT MOU PER THE TRANSPARENCY IN LABOR NEGOTIATIONS
COUNCIL POLICY (04:34:26)
Public Comments:
Speaker, requested the purpose of opening negotiations so early, spoke on fiscal
review and requested an estimate. (04:34:56)
Speaker, requested the purpose of opening negotiations so early, spoke on fiscal
review and requested an estimate. (04:37:00)
Public Comments closed.
MOVED/SECOND: Council Member Marr/Council Member Chavez
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 14
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:
1. City Council designated Peter Brown, Partner, Liebert Cassidy Whitmore, Lori
Ann Farrell Harrison, City Manager, and Justin Martin, Acting Assistant City
Manager, as the City's representatives in negotiations with the CMFA; and
2. Authorized staff to have the independent fiscal analysis of the current CMFA
2017-2021 Memorandum of Understanding (MOU) completed per the
requirements of the Transparency in Labor Negotiations Council Policy.
8. APPROVAL OF RESOLUTIONS FOR THE APPLICATION OF PROPOSITION
68 GRANT FUNDS FROM THE STATEWIDE PARK DEVELOPMENT AND
COMMUNITY REVITALIZATION GRANT PROGRAM (04:43:45)
Public Comments: None
MOVED/SECOND: Council Member Reynolds/Council Member Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
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 adopted the following resolutions, authorizing staff to submit
applications for future funding opportunities for Statewide Park Program
(SPP)/Proposition 68 grant funding for the following City projects:
a. Acquisition of Properties in Westside and Eastside Costa Mesa for Park
Development — Resolution No. 19-51
b. TeWinkle Park Master Plan Improvements — Resolution No. 19-52
c. Park Development in Surplus Open Space Areas in the City — Resolution
No. 19-53
d. Costa Mesa Skate Park Expansion — Resolution No. 19-54
e. Newport Mesa Unified School District (NMUSD) Athletic Field
improvements — Resolution No. 19-55
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 15
9. SANTA ANA DELHI CHANNEL DIVERSION PIPELINE PROJECT PHASE II,
CITY PROJECT NO. 19-13 (04:51:08)
Mr. Mejia, City Engineer, presented this item.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Genis
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
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 approved Amendment No.1 to the Cooperative Agreement with
the City of Santa Ana, clarifying the use of Costa Mesa's $600,000 contribution
towards the Santa Ana Delhi Channel Diversion Project; and
2. Approved Amendment No. 2 to the Cooperative Agreement with the City of
Santa Ana authorizing an additional contribution from Santa Ana of
$148,500.00, for a revised total contribution of $1,248,500.00 towards this
project; and
3. Authorized the City Manager to execute the amendments and future
amendments to the Cooperative Agreement within Council authorized limits;
and
4. Authorized a budget adjustment recognizing and appropriating $148,500.00
from the City of Santa Ana for the Santa Ana Delhi Channel Diversion Pipeline
Project; and
5. Adopted plans, specifications, and working details for the Santa Ana Delhi
Channel Diversion Pipeline Project Phase II, City Project No. 19-13; and
6. Awarded a construction contract to Gwinco Incorporated dba Gwinco
Construction & Engineering Inc., 2131 S. Grove Avenue, Suite A, Ontario, CA
91761, in the amount of $627,277.00; and
7. 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; and
8. Authorized an additional $62,723.00 as needed for unforeseen costs; and
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 16
9. Authorized the City Manager to accept the work when completed and authorize
the City Clerk to file the Notice of Completion upon such acceptance; authorize
release of the retention monies 35 days after the Notice of Completion is filed;
authorize release of the Labor and Material Bond one year after the Notice of
Completion is filed; and authorized release of the Faithful Performance Bond,
if appropriate, at the conclusion of the one-year warranty period.
END OF CONSENT CALENDAR --------------------------------
OLD BUSINESS: NONE
NEW BUSINESS: (05:01:52)
1. FORMATION OF AD HOC COMMITTEE OF THE COUNCIL TO ADDRESS THE
UPCOMING CLOSURE AND POTENTIAL FUTURE USES OF FAIRVIEW
DEVELOPMENTAL CENTER (05:01:57)
Ms. Farrell Harrison, City Manager, presented this item.
Discussion ensued to clarify the purpose of the Ad Hoc Committee and on keeping
the rest of City Council informed.
Public Comment:
Robin Leffler, Costa Mesa, expressed concern about transparency as the
community needs to be engaged, requested minutes, agendas, and that the public
should be able to attend. (05:23:20)
Public Comment closed.
MOVED/SECOND: Council Member Chavez/Mayor Pro Tern Stephens
MOTION: Appoint Mayor Foley, Mayor Pro Tern Stephens, and Council Member
Marr for the three -member Ad Hoc Committee, to discuss matters relating to the
upcoming closure of Fairview Developmental Center by the State of California.
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 appointed Mayor Foley, Mayor Pro Tern Stephens, and Council
Member Marr for the three -member Ad Hoc Committee, to discuss matters relating
to the upcoming closure of Fairview Developmental Center by the State of
California.
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 17
2. AN ORDINANCE AMENDING CHAPTER I OF TITLE 1 OF THE COSTA MESA
MUNICIPAL CODE RELATING TO LATE PENALTIES, INTEREST, AND
COLLECTION OF UNPAID FEES (05:30:31)
Ms. Telford, Finance Director, presented this item.
Public Comments: None.
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tern Stephens
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:
City Council introduced and gave first reading to Ordinance No. 19-16, read by title
only, amending Chapter I of Title 1 of the Costa Mesa Municipal Code relating to
the collection of unpaid fines and fees.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:34:33) - NONE
ADJOURNMENT - Mayor Foley adjourned the meeting at 11:52 p.m. in memory of retired
Costa Mesa Fire Chief John Petruzziello. (05:34:46)
Minut0s adopted on this 16th day of June, 2020.
Katri
ATTEST:
, Mayor
Brenda Green, Cit Clerk
MINTUES - REGULAR MEETING -- SEPTEMBER 3, 2019 - PAGE 18