HomeMy WebLinkAbout09-15-2020 Signed MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SEPTEMBER 15, 2020
CALL TO ORDER - The meeting was called to order by Mayor Foley at 6:05 p.m. via
Zoom webinar
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Council Member Marr
MOMENT OF SOLEMN EXPRESSION
Pastor Dave Manne, Calvary Chapel, Costa Mesa
ROLL CALL
Present by Zoom: 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 — No reportable action.
PRESENTATIONS:
1. Mayor Foley presented a Proclamation for Hispanic Heritage Month.
2. Mayor Foley presented a Proclamation for Constitution Week 2020.
3. Police Captain Bakkila presented a Coyote Management Update.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA:
Pacific Management Company, spoke on pension benefits and pension reform.
Russell Toler, Costa Mesa, with Costa Mesa Alliance for Better Streets spoke on traffic
calming measures.
Flo Martin, Costa Mesa, with Costa Mesa Alliance for Better Streets spoke on drivers at
the traffic calming circle and requested red curbs on all sides.
Jim Erickson, Costa Mesa, shared a PowerPoint presentation on walking and exercising
outside and in the parks.
Minutes — Regular Meeting — September 15, 2020 — Page 1
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Mansoor spoke on contacting him regarding any issues and on pension
reform.
Council Member Genis spoke on the city of Pasadena challenging RHNA numbers,
investigating Community Choice aggregates, spoke on roundabouts and emergency
response access.
Council Member Reynolds spoke on the traffic calming demonstration project and
roadway safety, thanked Costa Mesa Alliance for Better Streets, requested staff to look
into signage on the riverbed to encourage bikers to visit Costa Mesa shops, spoke on
bike rack installation opportunities, and spoke on Hispanic Heritage Month and diversity.
Council Member Chavez spoke on Hispanic Heritage Month and diversity, spoke on the
Spanish Town Hall, speeding on Myers Street, street sweeping, thanked Costa Mesa
Alliance for Better Streets for roundabouts, and requested an update on Tradewinds
Mobile Home Park.
Council Member Marr spoke on Hispanic Heritage Month, thanked staff for the cooling
centers, praised firefighters for their efforts, thanked Mr. Erickson for his presentation,
spoke on researching Community Choice aggregates.
Mayor Pro Tern Stephens congratulated Samuel Johnson the new CEO of San Joaquin
TCA, spoke on campaign yard signs, traffic calming measures, requested prayers for
Coach Nolan's family and requested to adjourn the meeting in remembrance of Micki
Nolan.
Mayor Foley spoke on COVID-19 and working with businesses and the community on
opening up, sports groups starting practice again for skills training and conditioning,
schools beginning in person learning, the testing site at the Orange County Fairgrounds,
grants to small businesses, thanked Council Members Marr and Reynolds for working on
food distribution programs, and the skate park and playgrounds not being able to open
due to county regulations.
REPORT — CITY MANAGER — Ms. Farrell Harrison reported on the upcoming Study
Session on September 22"d on homelessness and housing, congratulated CMTV on
winning five awards, and congratulated Chief Stefano on his appointment as President of
the California Fire Chief Association.
REPORT — CITY ATTORNEY — Ms. Hall Barlow provided an update on enforcement of
the illegal marijuana dispensaries.
Minutes — Regular Meeting — September 15, 2020 — Page 2
CONSENT CALENDAR: (Items 1-16)
MOVED/SECOND: Mayor Pro Tern Stephens/Council Member Chavez
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 16
except for 11 and 15.
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: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
ACTION:
City Council and Agency Board approved the reading by title only and waived full
reading of Ordinances and Resolutions.
2. READING FOLDER
Claims received by the City Clerk: Richard Delbey
ACTION:
City Council received and filed.
3. WARRANT RESOLUTION NO. 2646 — Finance Department
ACTION:
City Council approved Warrant Resolution No. 2646 of the City Council of the City
of Costa Mesa, California, allowing certain claims and demands, including Payroll
Register Nos. 20-16 "A" for $3,864.21, 20-17 for $2,513,368.22, 20-17 "A" for
$123.85 and 20-18 for $2,475,636.74; and City operating expenses for
$3,133,527.50.
4. MINUTES OF THE SPECIAL AND EMERGENCY CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETINGS OF
MARCH 13, 2020, MARCH 17, 2020, MARCH 24, 2020, MARCH 27, 2020, AND
APRIL 14, 2020 - City Manager's Office/City Clerk's Division
ACTION:
City Council approved the minutes of March 13, 2020, March 17, 2020, March 24,
2020, March 27, 2020, and April 14, 2020.
Minutes — Regular Meeting — September 15, 2020 — Page 3
5. PROPOSED CHANGES TO THE CITY COUNCIL MEETING SCHEDULE
City Manager's Office/City Clerk's Division
ACTION:
City Council adopted Resolution 2020-54 changing the City Council meeting
schedule as follows:
September 22, 2020, Rescheduled Study Session from September 8, 2020 due to
the Labor Day holiday
October 6, 2020, Regular City Council Meeting (no change)
October 13, 2020, Regular Study Session (no change)
October 20, 2020, Regular City Council Meeting (no change)
November 3, 2020, Cancel Regular City Council Meeting due to the Election
November 10, 2020 Regular City Council Meeting in lieu of Study Session
November 17, 2020, Regular City Council Meeting (no change)
December 1, 2020, Regular City Council Meeting (no change)
December 8, 2020, Additional Study Session
December 15, 2020, Additional Regular City Council Meeting
January 5, 2021, Cancel Regular City Council Meeting due to holidays
January 12, 2021, Regular Study Session (no change)
January 19, 2021, Regular City Council Meeting (no change)
6. AUTHORIZE THE PURCHASE OF GRANICUS AGENDA MANAGEMENT
SOFTWARE AND SERVICES - City Manager's Office/City Clerk's Division
ACTION:
1. City Council approved and authorized the Granicus Legistar agenda
management software and installation of the Legistar software and related
equipment and technology for a not -to -exceed $60,000, and annual
subscription services not -to -exceed $50,000, for a five-year term ending
September 14, 2025.
2. Authorized the City Manager and City Clerk to execute a Professional Services
Agreement, in substantially the form as attached and in such final form as
approved by the City Attorney, and future amendments within Council
authorized limits.
7. INSURANCE BROKER SERVICES
City Manager's Office/Human Resources Division
ACTION:
1. City Council approved Amendment No. 3 to the Professional Services Agreement
(PSA) with Alliant Insurance Services, Inc., to extend the agreement for two (2)
years, with an annual compensation amount not to exceed $46,750.
2. Authorized the City Manager and City Clerk to execute the proposed amendment
and future amendments to the PSA within Council authorized limits.
Minutes — Regular Meeting — September 15, 2020 — Page 4
8. APPROVAL OF RETAINER AGREEMENT FOR LEGAL SERVICES WITH
BUCHALTER — City Attorney's Office
ACTION:
1. City Council approved the Retainer Agreement with Buchalter for legal services
in connection with National Therapeutic Services, Inc. v. City of Costa Mesa,
United States District Court for the Central District of California, Case Number:
8:18-cv-01080-JVS-PJW, Ninth Circuit Case No. 20-55870.
2. Authorized the City Manager and City Clerk to execute the Retainer Agreement
and future authorized amendments to the Agreements and the City Attorney to
take necessary steps to associate Buchalter as co -counsel in the legal matter.
3. Authorized the City Manager to appropriate additional funding amounts, as
necessary, to pay legal costs above the amount budgeted for litigation costs in
Non -Departmental in the Adopted FY 2020-21 Budget from unassigned fund
balance in the General Fund for attorneys' services, if needed, to represent the
City in this cases through completion.
9. APPROVAL OF RESPONSE TO GRAND JURY
City Attorney's Office/Police Department
ACTION:
City Council authorized the City Manager to respond to the Presiding Judge of the
Superior Court concerning recommendations made by the 2019-20 Orange County
Civil Grand Jury regarding peer support programs for law enforcement.
10. EXTENSION OF CONTRACT FOR PARKING CITATION PROCESSING
SERVICES WITH DATA TICKET — Police Department
ACTION:
1. City Council approved Amendment No. 2 to the Scope of Service and
Performance Agreement between the City and Data Ticket, Inc. for parking
citation processing services, to extend the Agreement for one year, through
September 22, 2021.
2. Authorized the City Manager and City Clerk to execute Amendment No. 2.
12. APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT THAT PROVIDES
FOR NINE AFFORDABLE UNITS AS PART OF THE 200-UNIT MULTI -FAMILY
DEVELOPMENT PROJECT LOCATED AT 2277 HARBOR BOULEVARD
Development Services Department/Planning Division
ACTION:
City Council approved and authorized the City Manager to execute an Affordable
Housing Agreement in compliance with the Stipulated Judgment dated July 12, 2018
in the matter of Kennedy Commission, et al. v. City of Costa Mesa (Los Angeles
County Superior Court Case No. 30-2016-00832585-CU-WM-CJC) and the global
settlement agreement entered into by all parties in the consolidated matter of Dadey,
Minutes — Regular Meeting — September 15, 2020 — Page 5
et al. v. City of Costa Mesa, et al. (Orange County Superior Court Case No. 30-2014-
00757962-C U-C R-CJC).
13. RESOLUTION APPROVING APPLICATIONS FOR PER CAPITA GRANT FUNDS
FROM THE STATE DEPARTMENT OF PARKS AND RECREATION
Public Services Department
ACTION:
City Council adopted Resolution No. 2020-56, approving the submittal of grant
applications to the California Department of Parks and Recreation for the Per Capita
Program and delegating authority to the City Manager, the Public Services Director,
or designee to serve as the City's Authorized Representatives in connection with said
application.
14. HAMILTON STREET AND SANTA ANA AVENUE IMPROVEMENT PROJECT,
CITY PROJECT NO.20-16 — Public Services Department/Engineering Division
ACTION:
1. City Council adopted plans, specifications, and working details for the Hamilton
Street and Santa Ana Avenue Improvement Project, City Project No. 20-16.
2. Awarded a construction contract to All American Asphalt, Inc., 400 East Sixth
Street, Corona, CA 92879 in the amount of $1,360,022.
3. Authorized an additional ten percent (10%) contingency totaling $136,000 as
needed for unforeseen costs.
4. Authorized the City Manager and City Clerk to execute the Public Works
Agreement (PWA), in substantially the form as attached and in such final form as
approved by the City Attorney.
16. FAIRVIEW ROAD HSIP IMPROVEMENT PROJECT (ADAMS AVENUE TO
BAKER STREET)— FEDERAL PROJECT NO. HSIPL-5312(102), CITY PROJECT
NO. 19-10 — Public Services Department/Engineering Division
ACTION:
1. City Council adopted plans, specifications, and working details for the Fairview
Road HSIP Improvement Project (Adams Avenue to Baker Street), Federal
Project No. HSIPL-5312(102), City Project No. 19-10.
2. Rejected the bid proposal submitted by All American Asphalt, Inc., which should
be deemed as non -responsive due to errors made in the tabulation of the project
bid items.
3. Awarded a construction contract to the second apparent lowest bidder, Hardy &
Harper, Inc., 32 Rancho Circle, Lake Forest, CA 92630 in the amount of
$1,230,000.
Minutes — Regular Meeting — September 15, 2020 — Page 6
4. Authorized the use of Gas Tax fund balance for the grant match in the amount of
$779,820 and an additional ten percent (10%) contingency totaling $123,000 also
from the Gas Tax fund balance as needed for unforeseen costs.
5. Authorized the City Manager and City Clerk to execute the Public Works
Agreement (PWA), in substantially the form as attached and in such final form as
approved by the City Attorney.
ITEMS PULLED FROM THE CONSENT CALENDAR
15. AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO 03 CONSULTING
FOR THE STORM DRAIN SYSTEM MASTER PLAN UPDATE
Public Services Department/Engineering Division
Staff presentation by Mr. Sethuraman, Public Services Director.
Discussion ensued on design solutions for 17"' and Pomona, hot spots, funding
options, implementation schedule, community workshops, reducing travel costs,
additional scope of work items, and incorporating the plan into the Hazard
Management Plan to enhance obtaining grants.
Public Comments: None
MOVED/SECOND: Council Member Reynolds/Council Member Genis
MOTION: Approve the staff recommendation and have the City Manager review
the contingency budget for potential savings.
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 awarded a Professional Services Agreement (PSA) to Proactive
Engineering Consultants, Inc. dba Q3 Consulting, 27042 Towne Centre Drive,
Suite 110, Foothill Ranch, California 92610, in an amount not -to -exceed
$761,773, for engineering services for the City's Storm Drain System Master
Plan Update.
2. Authorized a ten percent (10%) contingency for unforeseen costs, if needed.
3. Authorized the City Manager and City Clerk to execute the agreement, and
future amendments to the agreement within Council -authorized limits.
4. Requested the City Manager review the contingency budget for potential
savings.
Minutes — Regular Meeting — September 15, 2020 — Page 7
11. ACCEPTANCE AND ALLOCATION OF THE OFFICE OF TRAFFIC SAFETY FOR
THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM - Police Department
Staff presentation by Police Captain Bakkila.
Discussion ensued on the locations of enforcement operations and considering
operations on Newport Boulevard.
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 approved Resolution No. 2020-55, which ratifies the application for
a grant award from the State of California — Office of Traffic Safety (OTS) for the
Selective Traffic Enforcement Program (STEP) and authorizes the City Manager
to execute the Grant Agreement and accept and administer the grant.
2. Approved a budget adjustment recognizing $269,500 in 2020 OTS STEP Grant
funding and appropriating $269,500 to the Police Department budget for
overtime, professional development, and equipment associated with the 2020
OTS STEP Grant.
---------------------- END OF CONSENT CALENDAR ------------- ------- ----------�
City Council recessed into a break at 7:42 p.m.
City Council reconvened at 7:50 p.m.
PUBLIC HEARINGS: NONE
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
OLD BUSINESS: NONE
Minutes — Regular Meeting — September 15, 2020 — Page 8
NEW BUSINESS:
1. LIONS PARK PLAYGROUND IMPROVEMENT PROJECT, CITY PROJECT NO.
20-15
Staff presentation by Mr. Sethuraman, Public Services Director.
Discussion ensued on park equipment, what was not included in the project and add
ons if the budget allows, shade structures, picnic shelters, enhanced landscaping,
monument signs, bathrooms, timeline, and trees.
Public Comments: None
MOVED/SECOND: Mayor Foley/Council Member Reynolds
MOTION: Approve recommended actions.
Mayor Foley, Mayor Pro Tern Stephens, and Council Members Reynolds, Marr,
Chavez, Genis, and Mansoor spoke on supporting the motion.
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 plans, specifications, and working details for the Lions Park
Playground Improvement Project, City Project No. 20-15.
2. Approved Budget Appropriation in Fund 209 Drainage in the amount of $90,679.
3. Waived a minor irregularity in the bid submitted by the apparent low bidder and
awarded a Public Works Agreement to Handy Industrial, 4228 Lewis Street,
Oceanside, California 92056 in the amount of $1,780,000.
4. Authorized a 5% additional contingency in the amount of $89,000 as needed for
unforeseen costs.
5. Authorized the City Manager and the City Clerk to execute the Public Works
Agreement (PWA) with Handy Industrial and future contract amendments within
Council -authorized limits.
Minutes — Regular Meeting — September 15, 2020 — Page 9
2. REQUEST COUNCIL DIRECTION FOR THE NAMING OF A POCKET PARK AT
UNIVERSITY DRIVE AND SANTA ANA AVENUE
Staff presentation by Mr. Minter, Parks and Community Services Director.
Discussion ensued on the waiving of the policy and the nomination of Ms. Perez.
Public Comments: None
MOVED/SECOND: Mayor Foley/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 Marr,
Council Member Reynolds, Mayor Pro Tern Stephens, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor (left the meeting at 8:17 p.m.)
Motion carried: 6-0-1
ACTION:
1. City Council waived the "City Parks and Facilities Naming Policy" requirement for
the naming of a Park and/or facility.
2. Named the pocket park, located at the corner of University Drive and Santa Ana
Avenue, Perez Park in honor of Rachel Perez Hamilton, a lifelong Costa Mesa
resident and Orange Coast College Hall of Fame member.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
Mayor Foley announced that the Western City Magazine featured Costa Mesa Smart
Camp and thanked first responders.
ADJOURNMENT — Mayor Foley adjourned the meeting at 8:27 p.m. in memory of Micki
Nolan.
Minutes — Regular Meeting — September 15, 2020 — Page 10
Minutes adopted on this 6th day of October, 2020.
Al It51:
Brenda Green, dty Clerk
Minutes — Regular Meeting — September 15, 2020 — Page 11