HomeMy WebLinkAbout02-18-2020 - Signed MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
FEBRUARY 18, 2020
CALL TO ORDER
The Closed Session was called to order by Mayor Foley 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 Genis, Council Member
Mansoor (arrived at 4:15 p.m.), Council Member Marr, Council Member
Reynolds, Mayor Pro Tern Stephens and Mayor Foley (arrived at 4:07 p.m.)
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION - NONE
The City Clerk read the titles of the following 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)
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 City Employees Association
(CMCEA).
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 18, 2020 — Page 1
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 REAL PROPERTY NEGOTIATOR
APN: 424-211-01; Property: 695 West 19th Street, Costa Mesa, CA 92626
Pursuant to Section 54956.8, California Government Code
Agency Negotiator: Lori Ann Farrell Harrison, City Manager
Negotiating Parties: Laura Archuletta, CEO, Jamboree Housing Corporation
The City Attorney requested an additional closed session item be added to the agenda,
regarding litigation that was brought to the attention of the City after the agenda had
been posted and needed to be considered before the next regularly scheduled meeting.
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez
MOTION: Approve the addition of the following closed session item:
8. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Robert Sharpnack v. City of Costa Mesa, Orange County Superior
Court, Case No.: 30-2020-01131375-CU-OE-CJC
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.
Nays: None
Absent: Council Member Mansoor and Mayor Foley
Motion carried: 5-0
Minutes —Regular Meeting — February 18, 2020 — Page 2
The City Council recessed to Room 5A at 4:04 p.m. for Closed Session.
The City Council reconvened at 6:09 p.m.
CALL TO ORDER (00:00:12)
The meeting was called to order by Mayor Foley at 6:09 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE (00:00:28)
Renascence School International
MOMENT OF SOLEMN EXPRESSION (00:02:46)
Pastor David Manne, Calvary Chapel, Costa Mesa
ROLL CALL (00:04:07)
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 (00:04:19) — No Reportable Action
PRESENTATIONS
1. Presentation by Chair McDonald of the Bikeway & Walkability Committee
(00:04:52)
2. Costa Mesa Minute (00:14:13)
3. Costa Mesa Bridge Shelter and Homelessness Update by Ms. Farrell Harrison,
City Manager (00:16:55)
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: (00:20:42)
Liz McNabb, District Coordinator for Assemblywoman Petrie -Norris, spoke on
nominations for Small Business of the Year, district activities, and legislation. (00:20:54)
Minutes —Regular Meeting — February 18, 2020 — Page 3
Flo Martin, Costa Mesa, praised the Costa Mesa Police Department for traffic
enforcement. (00:23:50)
Speaker, spoke on construction problems and code enforcement at the Orange County
Museum of the Arts construction site. (00:25:26)
Speaker, spoke on bringing "co -living" to Costa Mesa. (00:28:14)
Speaker, requested an outdoor location for dogs in shelters to play. (00:29:08)
Speaker, spoke on a lawsuit filed against the City of Costa Mesa by Mr. Sharpnack.
(00:31:58)
Speaker, requested courtesy on the dais. (00:35:04)
Robin Leffler, Costa Mesa, spoke on transparency and the lawsuit filed by Mr. Sharpnack.
(00:35:31)
Speaker, spoke on campaign flyers. (00:38:40)
Speaker, spoke on city spending that is unsustainable, and speeding problems on the
Eastside. (00:41:16)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:43:31)
Council Member Chavez praised the Public Services Department, requested assistance
for Joann St. residents whose cars are getting hit by golf balls, reported Darryl Street
signs that are unreadable, requested more lighting for Wilson St., reported light bulb out
on Edison pole, information for large item pick-ups, and spoke on co -housing. (00:43:38)
Council Member Marr spoke on a police ride along and praised the Police Department,
reported on attendance at the Trellis City Leaders meeting, thanked Energy and
Sustainability Manager on obtaining a grant, and spoke on committee recruitments.
(00:46:36)
Council Member Mansoor clarified his vote on the telecommunications facilities
ordinance, responded to comments made about him, requested attendance records of
Council Members and Planning Commissioners, and requested the Finance and Pension
Advisory (FiPAC) Committee to discuss the new financial impacts.
(00:50:58)
Council Member Genis spoke on shipping containers occupying parking spaces, tree
canopies blocking lighting, the need for the Mobile Home Park Committee meeting, and
spoke on council member absences.
(00:56:08)
Minutes —Regular Meeting — February 18, 2020 — Page 4
Council Member Reynolds spoke on her bike rides, housing concepts, active
transportation and Adams Ave. improvements and receiving feedback, speeding
problems, and working together on issues. (00:59:46)
Mayor Pro Tern Stephens spoke on attending Altobelli Memorial, the OC Museum,
Priceless Pets Rescue event, and attendance at Council meetings.
(01:04:03)
REPORT — CITY MANAGER (01:07:14)
Ms. Farrell Harrison reported on 2019 accomplishments and the upcoming goal setting
meeting.
REPORT — CITY ATTORNEY (01:11:52)
Ms. Hall Barlow stated no records were destroyed regarding Mr. Sharpnack lawsuit.
CONSENT CALENDAR: (01:12:15)
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6
except for 3.
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: Olive Tree Apartments, Lisa David, Jessica
Garten, Louis Goff
ACTION:
City Council received and filed.
Minutes —Regular Meeting — February 18, 2020 — Page 5
4. COOPERATIVE SERVICE
S
ACTION:
1. City Council approved the proposed Cooperative Services Agreement between
the County of Orange and the City of Costa Mesa for on -call materials testing
services provided by the Orange County David Dixon Memorial Material
Laboratory for a total of $150,000, for a three-year term.
2. Authorized the City Manager and the City Clerk to execute the Cooperative
Services Agreement, and authorized the City Manager to execute future contract
amendments within Council -authorized limits.
5. NOTICE OF INTENT TO ADOPT RESOLUTION FOR THE VACATION OF
EXCESS RIGHT-OF-WAY AT 480 EAST 19TH STREET
ACTION:
1. City Council set a public hearing on March 17, 2020, for the vacation of a portion
of a right-of-way at 480 East 19th Street.
2. Adopted a Resolution of intent to vacate right-of-way.
6. AWARD THE PURCHASE OF TWO NEW 2020/21 BMW R1250RT-P POLICE
MOTORCYCLES
ACTION:
City Council approved and authorized the City Manager to execute the purchase of
two (2) new 2020/21 BMW R1250RT-P Police Motorcycles from Inv Seaver
Motorcycles, 607 W. Katella Avenue, Orange CA 92867, in the amount of
$55,732.43.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. WARRANT RESOLUTION NO. 2635 (01:13:03)
Public Comment:
Speaker spoke on the warrant register and legal costs. (01:13:10)
Public Comments closed.
MOVED/SECOND: Council Member Chavez/Council Member Genis
MOTION: Approve Warrant Resolution No. 2635.
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.
Minutes —Regular Meeting — February 18, 2020 — Page 6
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
City Council approved Warrant Resolution No. 2635 of the City Council of the City
of Costa Mesa, California, allowing certain claims and demands, including payroll
register Nos. 20-02 "A" for - $72.58; and 20-03 for $2,648,956.87; and City
operating expenses for $1,469,057.27.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING SECTIONS 9-125 (BUSINESSES,
PROFESSIONS, TRADES AND OCCUPATIONS REQUIRING A PERMIT
UNDER THE PROVISIONS OF THIS CHAPTER) AND 9-128 (BUSINESSES
WHERE THE DIRECTOR OF FINANCE MAY ISSUE PERMITS IN CASE OF NO
OBJECTION) OF ARTICLE 1 (GENERALLY) AND ARTICLE 9 (PUSHCART
AND OTHER SIDEWALK VENDORS), OF CHAPTER II (REGULATION OF
CERTAIN BUSINESSES) OF TITLE 9 (LICENSES AND BUSINESS
REGULATION) OF THE COSTA MESA MUNICIPAL CODE, RELATING TO
SIDEWALK VENDING (01:15:50)
Mr. Preziosi, Assistant City Attorney presented this item.
Discussion ensued on requiring LiveScan fingerprinting, allowing adjacent to
residential properties, hours of operation, changing the wording in Section 9-191.5,
and on allowing by city parks and events.
Public Comments:
Michael Hochman, Costa Mesa, spoke on problems for residents in residential
neighborhoods on Orange Ave. and Ogle Ave. and that adding vendors in the
area will exacerbate problems in the buffer area. (01:48:25)
Speaker, expressed concerns on the permitting, 200', noise, extra vehicles and
taking business away from restaurants. (01:51:35)
Speaker, expressed concern that the vendors will not know what zones are
allowed, residential problems, and requested requiring livescan fingerprinting.
(01:53:13)
Wendy Leece, Costa Mesa, requested to limit hours, requested clarification on
renting, concerned with residents on Ogle Ave. and Orange Ave. specifically,
spoke on if livescan should be required, requested tighter restrictions. (01:55:54)
Minutes —Regular Meeting — February 18, 2020 — Page 7
Robin Leffler, Costa Mesa, expressed concerns on selling adult literature, dirty
sidewalks, loss of peaceful enjoyment; requested stricter requirements. 01:58:14)
Speaker, spoke in support of ordinance. (02:00:52)
Speaker, spoke in support of ordinance. (02:01:30)
Speaker, spoke in support of the ordinance and requested clarification on why
prohibit at Fairview Park, spoke on trash receptacles and bus stops. 02:02:32)
Public Comments Closed.
MOVED/SECOND: Council Member Chavez/Mayor Pro Tern Stephens
MOTION: Approve recommended actions with changes.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, Council Member Reynolds,
Mayor Pro Tern Stephens, Mayor Foley.
Nays: Council Member Genis
Absent: Council Member Mansoor
Abstain: None
Motion carried: 5-1-1
ACTION:
1. City Council found that the adoption of the Ordinance is not a "project" under
the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21065, and that it is exempt from the provisions of CEQA
pursuant to CEQA Guidelines (14 Cal. Code. Regs. § 15000, et seq.) Section
15061(b)(3) (because it can be seen with certainty that the adoption of this
Ordinance will not have an effect on the environment) such that no
environmental review under CEQA is required.
2. Introduced for first reading, by title only, proposed Ordinance No. 20-04, with
changes amending Sections 9-125 (Businesses, Professions, Trades and
Occupations Requiring a Permit Under the Provisions of this Chapter) and 9-
128 (Businesses Where the Director of Finance May Issue Permits in Case of
No Objection) of Article 1 (Generally) and the provisions of Article 9 (Pushcart
and Other Sidewalk Vendors) of Chapter II (Regulation of Certain Businesses)
of Title 9 (Licenses and Business Regulation) of the Costa Mesa Municipal
Code, relating to Sidewalk Vending.
City Council recessed into a break at 8:43 p.m.
City Council reconvened at 8:52 p.m.
Minutes —Regular Meeting — February 18, 2020 — Page 8
OLD BUSINESS:
1. SECOND READING OF ORDINANCE 2020-03 (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 AND RELATED
DESIGN GUIDELINES (02:33:31)
Ms. Le Assistant Director of Development Services presented this item.
Discussion ensued on fees and discretionary and ministerial applications.
Public Comment:
Speaker, spoke on fire hazards and assessment of collapse zone. (02:39:12)
Speaker, spoke on opposing 5G and the ordinance. (02:41:14)
Monica Draghici, Costa Mesa, spoke on the notification process for ministerial
permits; ADA accommodations; city liability, and other cities laws. (02:44:26)
Zen Honeycutt, Mission Viejo, recommend Petaluma Ordinance and is opposed
to Ordinance. (02:47:25)
Speaker, spoke on opposing the ordinance and requested larger setbacks, asked
to clarify the term of application and how long can it be in place, shorten time
frame. (02:51:21)
Speaker, requested more revisions to the ordinance. (02:53:58)
Speaker, requested larger setbacks, shorter term limits, and expressed safety
concerns. (02:56:58)
Speaker, requested an appeal for a lower fee; and clarification on noticing.
(02:58:23)
Speaker, spoke on National Historic Preservation Act, National Environmentally
Policy Act, and on Federal Laws that should be included, and environmental
reviews. (03:00:49)
Speaker, requested 500' setback. (03:03:55)
Marsha Woods, Huntington Beach, spoke against the ordinance, requested
higher setbacks. (03:05:18)
Minutes —Regular Meeting — February 18, 2020 — Page 9
Speaker, spoke on going as far as possible in protecting citizens, cited court
case, and expressed safety concerns. (03:06:46)
Speaker, requested do what other cities are doing to protect the citizens.
(03:09:37)
Speaker, spoke on how the City should be doing more to protect the residents
and more public noticing. (03:11:59)
Speaker, spoke on increased notifications. (03:13:44)
Public Comments Closed.
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez
MOTION: City Council made changes to Ordinance No. 2020-03 and it will be
brought back for second reading at the next regular City Council meeting.
Discussion ensued on public noticing.
Discussion ensued on wording for Pre-K and Preschools.
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, Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Abstain: None
Motion carried: 6-0-1
ACTION:
City Council made changes to Ordinance No. 2020-03 (Code Amendment CO-19-
04) to be read by title only, 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 and related Design Guidelines. The item will be brought back for second
reading and adoption at the next regular City Council meeting.
NEW BUSINESS:
1. ACCEPTANCE OF YOUTH REINVESTMENT GRANT PROGRAM GRANT
FUNDS FROM CALIFORNIA BOARD OF STATE AND COMMUNITY
CORRECTIONS (04:06:06)
Staff presentation by Lieutenant Everett.
Minutes —Regular Meeting — February 18, 2020 — Page 10
Discussion ensued on purpose of the program and if the program includes parenting
workshops.
Public Comment:
Alan Slater, Costa Mesa, spoke in support of the item. (04:14:29)
Public comments closed.
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Genis
MOTION: Approve recommended actions.
Mayor Pro Tern Stephens, Council Member Genis, and Mayor Foley spoke in
support of the motion.
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, Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Abstain: None
Motion carried: 6-0-1
ACTION:
1. City Council adopted Resolution No. 2020-05, which authorizes the application
for, and acceptance of, a grant award from the State of California Board of State
and Community Corrections for the Youth Reinvestment Grant Program and
authorizes the City Manager or designee to execute the grant agreement.
2. Approved a budget adjustment appropriating $274,675 to the Police
Department's budget for the specified purpose.
3. Approved and authorize the City Manager to execute the operational
agreement between the City of Costa Mesa and Waymakers.
City Council recessed into a break at 10:39 p.m.
City Council reconvened at 10:46 p.m.
2. GENERAL PLAN SCREENING REQUEST GPS-19-01 FOR A 9-UNIT FOUR-
STORY LIVE/WORK COMMON INTEREST DEVELOPMENT ON A 0.45-ACRE
SITE AT 2648 NEWPORT BOULEVARD (04:20:29)
Staff presentation by Ms. Walsh, Assistant Planner.
Discussion ensued on parking requirements, adjacent properties, the overlay plan,
limitations of commercial development, and limitations on motels and hotels.
Minutes —Regular Meeting — February 18, 2020 — Page 11
Public Comments:
The applicant provided a presentation to City Council. (04:37:21)
Speaker, expressed concerns on entering off of Newport Blvd. roof decks, and
tandem parking. (04:51:32)
Public Comments Closed.
MOVED/SECOND: Mayor Pro Tem Stephens/Council Member Chavez
MOTION: Allow the application to move forward.
Mayor Pro Tern Stephens and Council Member Chavez spoke on supporting the
motion.
Mayor Foley spoke on not supporting the motion.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Genis, Council Member
Reynolds, and Mayor Pro Tern Stephens.
Nays: Council Member Marr and Mayor Foley
Absent: Council Member Mansoor
Abstain: None
Motion carried: 4-2-1
ACTION:
City Council provided feedback and directed staff to process a General Plan
Amendment request for the development of a 0.45-acre parcel with nine live/work
units. The General Plan Screening (GPS) is a prerequisite in advance of submitting
a General Plan Amendment, Rezone, Specific Plan Amendment, Master Plan, and
Parcel Map applications for development of the site.
Mayor Foley requested that staff come back with a plan to revise the Newport
Boulevard specific plan.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:22:47) - NONE
ADJOURNMENT (05:22:51) — Mayor Foley adjourned the meeting at 11:49 p.m.
Minutes —Regular Meeting — February 18, 2020 — Page 12
Minutes adopted on this 1st day of September, 2020.
Katrina Fol
ATTEST:
Brenda Green, dity Clerk
Minutes —Regular Meeting — February 18, 2020 — Page 13