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HomeMy WebLinkAbout09-07-2021 - MinutesMinutes – Regular Meeting – September 7, 2021 Page 1 CITY OF COSTA MESA REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MINUTES Tuesday, September 7, 2021 - 6:00 PM Closed Session - 4:00 P.M. CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 4:02 p.m. ROLL CALL Present: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Absent: Council Member Harlan and Council Member Harper. PUBLIC COMMENTS – NONE. CLOSED SESSION ITEMS: 1. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Section 54957(b)(1) of California Government Code Position: Police Chief 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Section 54956.9 (d)(1) of California Government Code Name of Case: RD X CATALYST – COSTA MESA LLC, a California limited liability Company v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2021-01214880-CU-WM-CJC 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Section 54956.9(d)(1) of California Government Code Robert Sharpnack v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01131375-CU-OE-CJC. 4. THREAT TO SECURITY Pursuant to Section 54957(a) of California Government Code Consultation with: Costa Mesa Director of Emergency Services, City Manager, Police Chief, Fire Chief, and Emergency Services Administrator. City Council recessed at 4:05 p.m. for Closed Session. Closed Session adjourned at 5:41 p.m. Minutes – Regular Meeting – September 7, 2021 Page 2 REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY September 7, 2021 – 6:00 P.M. CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency meeting was called to order by Mayor Stephens at 6:00 p.m. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE The National Anthem was performed by Greta Valenti and the Pledge of Allegiance was led by Council Member Reynolds. MOMENT OF SOLEMN EXPRESSION Pastor David Manne, Calvary Chapel, Costa Mesa ROLL CALL Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Absent: Council Member Harper. CITY ATTORNEY CLOSED SESSION REPORT – No reportable action. PRESENTATIONS 1. Oath of Office to new Police Chief, Ron Lawrence. 2. Proclamation: 9/11 20th Anniversary 3. Certificates: Airway Bridge Shelter Partners 4. Proclamation: Orange County Public Libraries 100 Year Anniversary Minutes – Regular Meeting – September 7, 2021 Page 3 PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Flo Martin, Costa Mesa, spoke on being a Bike and Walkability committee member for six years, thanked staff for improvements, supports the new active transportation plan, and spoke in remembrance of Jimmy Owen. Mr. McDonald, spoke in support of an Orange County Veterans Cemetery in Anaheim Hills. Michelle Richards, CEO of Orange County Fair and Events Center, thanked Council and staff for support of the OC Fair. Speaker, spoke on neighbors making complaints and issues with code enforcement. Chris Haskins, spoke on buying a building, and moving three businesses into the building, and requested assistance on receiving a variance. Jay Humphrey, Costa Mesa, thanked staff for the new agenda program on website, and to begin preparations now on Measure Y and One Metro West project on the 2022 ballot. Kim Hendricks - thanked staff for providing public participation via Zoom, requested new signage to not feed the wildlife at Fairview Park, spoke against air craft at Fairview Park, and spoke on birds at Fairview Park. Rocky Evans, member of the Cultural Arts Committee, spoke on events and activities of the Committee. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds thanked staff and residents for working on projects and for their service to committees, spoke on the upcoming strategic planning retreat and her priorities on safe streets, housing affordability, and the climate crisis. Offered congratulations to the Fairview Park Alliance. Council Member Chavez spoke on vaccination clinics and encouraged vaccinations. Council Member Gameros spoke on visiting the Lyons Air Museum, the Huntington Beach Air Show in October, acknowledged first responders, and encouraged vaccinations; Council Member Harlan spoke on the upcoming September 13 joint Planning Commission and City Council meeting on the Housing Element, requested outdoor dining permits be agendized for council consideration, and wished all a Happy Rosh HaShanah. Mayor Pro Tem Marr acknowledged Tammy Letourneau and Justin Martin for efforts on homeless shelter, spoke on the Veterans Cemetery, spoke on events in Afghanistan and the Cal Vet crisis hotline, spoke on the OC Fair success; spoke on assisting Mr. Haskins, spoke on the Cultural Arts Committee directory and grant program; stated she was elected to League of CA Cities board and will be attending the League conference, bring back temporary use Minutes – Regular Meeting – September 7, 2021 Page 4 permits for City Council consideration. Mayor Stephens spoke on the Veterans Cemetery, attending 100-year birthday party for Ann Pallo, attending the Festival of Children; attending Cannabis Chamber of Commerce event; and recognizing fire fighters for their service. REPORT – CITY MANAGER Welcomed Police Chief Lawrence; spoke on recent summer events: City Hall and Council Chambers reopened to the public, launched the WaitWhile appointment program, the OC Fair returned, the Chargers training camp, opened Norma Hertzog community center and Lions Park Playground, the Concert at Fairview Park, spoke on Covid and Delta variant and vaccination accessibility; thanked Stacey Lumley for her service, spoke on outdoor dining and temporary use permits, the 9/11 anniversary, thanked Veterans for their service; and thanked the police and fire teams. REPORT – CITY ATTORNEY rolling out cannabis permitting process - spoke on illegal cannabis business and shutting down illegal business. Penalties against property owners. CONSENT CALENDAR (Items 1-10) MOVED/SECOND: Council Member Chavez/Council Member Harlan MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays:None Absent: Council Member Harper Motion carried: 6-0-1 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: Michael Bandoli, William Blackman, David Carranza, Evelyn Flores, Irina Gurovich, Celine Honig, Ariana Longley, Emma Murch, Victoria Tippett ACTION: Received and filed. 3. ADOPTION OF WARRANT RESOLUTION ACTION: City Council approved Warrant Resolution No. 2665. Minutes – Regular Meeting – September 7, 2021 Page 5 4. MINUTES ACTION: City Council approved the Minutes of the Regular meeting of August 3, 2021 and the Special Closed Session meeting of August 24, 2021. 5. ADOPT RESOLUTION TO SUPPORT ORANGE COUNTY VETERANS CEMETERY ACTION: City Council approved Resolution 2021-30 in support of the Orange County Veterans Cemetery. 6. MUTUAL AID AGREEMENT (MAA) BETWEEN THE CITY OF COSTA MESA AND THE COUNTY OF ORANGE ACTION: 1. City Council approved the Mutual Aid Agreement (MAA) between the City of Costa Mesa and the County of Orange and authorized the City Manager to execute the MAA. 2. Authorized the City Manager, or specified designee, to take any actions necessary for the purposes of obtaining federal financial assistance related to this MAA if those actions do not materially change the terms or amount of the City’s commitment as it is reflected in the above-referenced MAA. 3. Authorized the adjustment of revenue and expense budgets in the City’s annual operating budget to match the mutual aid expenditures invoiced through the County to anticipated revenues. 7. ALERT OC MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE COUNTY OF ORANGE ACTION: 1. City Council approved the Memorandum of Understanding (MOU) between the City of Costa Mesa and the County of Orange to allow the use of the County's Countywide Mass Notification System under the terms and conditions of the County's Countywide Mass Notification System Operating Guidelines and vendor-provider agreements, commencing on July 1, 2021 through June 30, 2025. 2. Authorized the City Manager and/or her designee to execute and manage the MOU on behalf of the City of Costa Mesa. Minutes – Regular Meeting – September 7, 2021 Page 6 8. ACCEPTANCE OF COSTA MESA PERMANENT BRIDGE SHELTER FACILITY, 3175 AIRWAY AVENUE, CITY PROJECT NO. 20-05 ACTION: 1. City Council accepted the work performed by Cal-City Construction, Inc., for the Costa Mesa Permanent Bridge Shelter Facility, 3175 Airway Avenue, City Project No. 20-05 and authorized the City Clerk to file the Notice of Completion. 2. Authorized the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code 7107(c). 9. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 154 BROADWAY ACTION: City Council adopted Resolution No. 2021- 31 ordering the summary vacation of a portion of the Fullerton Avenue right-of-way at 154 Broadway. 10. CDBG CV HOMELESSNESS PREVENTION AND SERVICES TO LOW/MODERATE INCOME HOUSEHOLDS ACTION: City Council and the Housing Authority Board of Directors: 1. Authorized the City Manager/Executive Director to execute an agreement for Community Development Block Grant - Coronavirus (CDBG-CV) Round 3 funding with Project Hope Alliance in the amount of $162,382 for a one-year term with a one year no fee extension option, at the discretion of the City Manager/Executive Director. 2. Authorized the City Manager/Executive Director to execute an agreement for Community Development Block Grant - Coronavirus (CDBG-CV) funding from Round 1 for a term of one year, with a one year no fee extension option, at the discretion of the City Manager/Executive Director, with Families Forward, in the amount of $55,000. --------------------------------------END OF CONSENT CALENDAR---------------------------------------- Minutes – Regular Meeting – September 7, 2021 Page 7 PUBLIC HEARINGS: 1. CONDUCT PUBLIC HEARING AND ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 22 ALONG ADAMS AVENUE Presentation by Mr. Yang, City Engineer. Public Comments: Jay Humphrey, Costa Mesa, spoke in support of the project and to include all utilities. Opportunity Zone, spoke on funding opportunities through Opportunity Zones Cynthia McDonald, Costa Mesa, spoke in support of the project, and to include a bikeway plan, and to also consider Fairview Ave. for undergrounding in the future. MOVED/SECOND: Mayor Pro Tem Marr/Council Member Chavez MOTION: Approve recommended action number 2. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays: None Absent: Council Member Harper Abstain: None Motion carried: 6-0-1 ACTION: City Council approved: Establishing an underground Utility District No. 22 along Adams Avenue from Mesa Verde Drive East to Albatross Drive, by adopting the proposed Resolution No. 2021-32 at a total estimated cost of $6.2 million, comprised of $2.5 million in Rule 20A funds and $3.7 million in Rule 20B City funds. 2. FIRST READING TO AN ORDINANCE AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL (ZONING CODE) TO CLEAN UP INTERNAL INCONSISTENCIES BETWEEN VARIOUS CHAPTERS OF THE ZONING CODE AND TO CONFORM TO RECENT REVISIONS TO AND REQUIREMENTS OF STATE LAW (CODE AMENDMENT 2020-02) Presentation by Ms. Ashabi, Principal Planner. Public Comments: Susan Iwomoto, Costa Mesa, spoke on owning the oldest boatyard, spoke on commercial vs. industrial standards, spoke on special zoning for maritime industry. Minutes – Regular Meeting – September 7, 2021 Page 8 Speaker, expressed concern on the maritime industry, driveway lengths, stated it is a substantive change on counting private open space vs. common open space. Wendy Leece, Costa Mesa, encouraged staff to look at maritime code changes. MOVED/SECOND: Mayor Pro Tem Marr/Council Member Harlan MOTION: Continue the item to a future meeting so the City Council has more time to review. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays: None Absent: Council Member Harper Abstain: None Motion carried: 6-0-1 ACTION: City Council continued the item. OLD BUSINESS: NONE. NEW BUSINESS: 1. ADOPTION OF RESOLUTION NUMBER 2021-XX TO AMEND COMPENSATION FOR THE POSITION OF POLICE CHIEF AND RELATED AMENDMENTS TO THE EXECUTIVE COMPENSATION PLAN AND EXECUTIVE SALARY SCHEDULE TO ENSURE EXECUTIVE PARITY AND CONTINUITY OF ESSENTIAL SERVICES Presentation by Ms. Farrell Harrison, City Manager. Public Comments: None. MOVED/SECOND: Mayor Pro Tem Marr/Council Member Chavez MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays: None Absent: Council Member Harper Abstain: None Motion carried: 6-0-1 ACTION: City Council adopted Resolution Number 2021-33, which revises the Executive Compensation Plan and Executive Salary Schedule. Minutes – Regular Meeting – September 7, 2021 Page 9 2. REQUEST TO APPROVE THE TRANSFER OF ST. JOHN’S MANOR AFFORDABLE HOUSING DEVELOPMENT TO AVANATH STJOHNS MANOR LP (“AVANATH”) BY APPROVING THE: (1) ASSIGNMENT, RELEASE, SUBORDINATION, ASSUMPTION AND AMENDMENT OF THE REGULATORY AGREEMENT RELATING TO ST. JOHN’S MANOR; AND, (2) RELEASE OF MEMORANDUM OF AMENDED AND RESTATED AFFORDABLE HOUSING AND HOME INVESTMENT PARTNERSHIP AGREEMENT Presentation by Ms. Le, Economic and Development Services Director. Public Comments: None. MOVED/SECOND: Council Member Harlan/Mayor Pro Tem Marr MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays: None Absent: Council Member Harper Abstain: None Motion carried: 6-0-1 ACTION: City Council and Housing Authority Board approved the Assignment, Release, Subordination, Assumption and Amendment of the Regulatory Agreement Relating to St. John’s Manor (“Assignment Agreement”) and Release of Memorandum of Amended and Restated Affordable Housing and Home Investment Partnership Agreement (“Release Agreement”) and authorize the Executive Director to execute these agreements and related documents and to approve Avanath as the new owner and management entity. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 7 REGARDING TEMPORARY SUSPENSION OF ENFORCEMENT OF CERTAIN PARKING RESTRICTIONS IN RESIDENTIAL NEIGHBORHOODS Presentation by Ms. Ashabi, Principal Planner. Public Comments: Sandy Genis, Costa Mesa, spoke on the reasons why the streets need cleaned, and the need to enforce and ensure streets are swept. MOVED/SECOND: Council Member Chavez/Mayor Stephens MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays: None Absent: Council Member Harper Minutes – Regular Meeting – September 7, 2021 Page 10 Abstain: None Motion carried: 6-0-1 ACTION: City Council adopted Resolution No. 2021-34, ratifying Regulation No. 7 issued by the City Manager as Director of Emergency Services revising Regulation No. 5 regarding temporary suspension of enforcement of certain parking restrictions in residential neighborhoods to allow enforcement of the parking prohibitions related to street sweeping Citywide when the street sweeper is present. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – None. ADJOURNMENT – Mayor Stephens adjourned the meeting at 9:54 p.m., in honor of the 13 service members that gave their lives protecting Afghan refugees fleeing the country at Kabul airport in Afghanistan. We are eternally grateful for their sacrifice. Service members from California: Marine Corps Sergeant Nicole Gee, 23, of Roseville, Calif., Marine Corps Corporal Hunter Lopez, 22, of Indio, Calif., Marine Corps Lance Corporal Dylan R. Merola, 20, of Rancho Cucamonga, Calif., Marine Corps Lance Corporal Kareem Nikoui, 20, of Norco, Calif. Service members from other states: Marine Corps Lance Corporal. David Espinoza, 20, of Rio Bravo, Tex., Marine Corps Staff Sergeant Darin Taylor Hoover, 31, of Utah, Army Staff Sergeant Ryan Knauss, 23, of Corryton, Tenn., Marine Corps Lance Corporal Rylee McCollum, 20, Jackson, Wyo., Marine Corps Corporal Daegan William-Tyeler Page, 23, of Omaha, Marine Corps Sergeant Johanny Rosario, 25, Lawrence, Mass., Marine Corps Corporal Humberto Sanchez, 22, Logansport, Ind., Marine Corps Lance Corporal Jared Schmitz, 20, of Wentzville, Mo., Navy Hospital Corpsman Max Soviak, 22, of Berlin Heights, Ohio. Minutes – Regular Meeting – September 7, 2021 Page 11 Minutes adopted on this 21st day of September, 2021. ___________________________ John Stephens, Mayor ATTEST: ___________________________ Brenda Green, City Clerk