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Home My WebLink About11-02-2021 - MinutesCity of Costa Mesa Meeting Minutes Tuesday, November 2, 2021 6:00 PM City Council Chambers 77 Fair Drive REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY Minutes — Regular Meeting — November 2, 2021 Page 1 4:00 P.M. Closed Session CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m. ROLL CALL Present: Council Member Chavez, Council Member Gameros (Arrived 4:15 p.m.), Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens. Absent: None. PUBLIC COMMENTS — None. CLOSED SESSION ITEMS: 1. Public Employment, Workers' Compensation Claim, (Government Code Section 54956.9, Subdivision (b)(1)) WCAB NO. ADJ13084729 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957, Subdivision (b)(1).) Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Title: City Manager Agency designated representatives: Mayor Stephens, Mayor Pro Tern Marr, and Council Member Reynolds. City Council recessed at 4:02 p.m. for Closed Session. Closed Session adjourned at 5:40 p.m. REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY November 2, 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 Ms. Moxy Anne performed the National Anthem and Council Member Harper led the Pledge of Allegiance. MOMENT OF SOLEMN EXPRESSION Led by Ian Stevenson from Trellis. Minutes — Regular Meeting — November 2, 2021 Page 2 ROLL CALL Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens. Absent: None. CITY ATTORNEY CLOSED SESSION REPORT — No reportable action. PRESENTATIONS: Mayor Stephens presented a proclamation in honor of Native American Heritage Month. Mayor Stephens presented a proclamation in honor of Movember Prostate Cancer Awareness Month. PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA Flo Martin, Costa Mesa, spoke on "Confessions of a Recovering Engineer" by Charles L. Marohn, Jr. and his meeting on November 19th and provided a door hanger created by Mark Vukcevich for maps of all Costa Mesa bike racks. Frank Gutierrez, Costa Mesa, member of Costa Mesa Cultural Arts Committee, provided an update on the committee activities and spoke on City of the Arts. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harlan provided an Orange County Transportation Authority (OCTA) update. Council Member Harper complimented Ms. Farrell Harrison and Ms. Molina for their presentation regarding the 580 Anton item at the last meeting, thanked Police Chief Lawrence for meeting with him regarding his safety concerns, thanked Ms. Le and Mr. Inloes for meeting with him regarding COLU, and spoke on pickleball. Council Member Reynolds thanked staff for traffic calming measures, spoke on the Costa Mesa Alliance for Better Streets, thanked staff for a meeting regarding green space, supportive of a new Human Relations Committee, and encouraged people to buy local. Council Member Chavez spoke on the County Redistricting process and the proposed maps that will divide Costa Mesa. Council Member Gameros spoke on homeless issues and providing jackets to the homeless shelter. Mayor Pro Tern Marr requested an update on CIP projects, including the pond at Tewinkle park and the skate park expansion, spoke on attending the opening of the OCC student center, spoke on redistricting and encouraged people to submit maps. Minutes — Regular Meeting — November 2, 2021 Page 3 Mayor Stephens spoke on the County and City redistricting process, attending the grand opening of the Electric Bike Company, Roger Neth Park Dedication on November 4th at 10:00 a.m., recognized all Veterans for their service, and requested to adjourn meeting in memory of Oscar Santoyo. REPORT — CITY MANAGER - Ms. Farrell Harrison spoke in support of Movember and spoke on prostate cancer, provided an update on the Covid emergency declaration and the pandemic, congratulated Mr. Sethuraman and his Public Services team for the Donald Dungan Library award for the Best Cultural Project in Southern California. REPORT — CITY ATTORNEY — Ms. Hall Barlow reported that the federal court granted a motion for summary judgement in the Garten vs. Costa Mesa case, all of the state claims have been remanded to state courts and all of the federal claims have been dismissed. CONSENT CALENDAR (Items 1-8) MOVED/SECOND: Council Member Chavez/Council Member Harper MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens. Nays: None Absent: None Abstain: Council Member Chavez recused himself only on CC-7 due to a potential conflict of interest as he works for the County. Motion carried: 7-0 1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS 2. 3. 4. ACTION: City Council and Agency Board approved reading of Ordinances and Resolutions. READING FOLDER the reading by title only and waived full ACTION: City Council received and filed Claims received by the City Clerk: Alexandra Herrera, Aiden Orejel, Araceli Roldan, State Farm Insurance, Jennifer Wood. ADOPTION OF WARRANT RESOLUTION ACTION: City Council approved Warrant Resolution No. 2669. MINUTES ACTION: City Council approved the Minutes of the Regular meeting of October 19, 2021. Minutes — Regular Meeting — November 2, 2021 Page 4 5. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING MEETINGS OF THE CITY COUNCIL, COMMISSIONS AND COMMITTEES REMOTELY AS NEEDED DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC ACTION: City Council adopted Resolution 2021-xx to allow the City to continue conducting City Council, Commission, and Committee meetings remotely as needed via Zoom due to: • The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City's legislative bodies to meet safely in person; and • Federal, State and/or local officials continue to impose or recommend measures to promote social distancing. 6. APPROVAL FOR THE PURCHASE OF MOBILE DATA COMPUTER (MDC) REPLACEMENT ACTION: 1. City Council authorized the purchase of the replacement to the Police Department's current Mobile Data Computers (MDCs) and associated Havis Incorporated docking/mounting hardware based on pricing provided through NASPO Value Point Master Agreement No. MNWNC-124 and California's Participating Addendum #7-15-70-34-023 for $500,263.52 with a 2.5% contingency ($12,506.59) for unforeseen costs, for a total not -to exceed amount of $512,770.11. 2. Authorized the City Manager to execute the necessary documents for the purchase of the MDCs and associated hardware from CDCE Inc., 22641 Old Canal Road, Yorba Linda, CA 92887. 7. DECLARATION OF HAMILTON AVENUENICTORIA STREET BRIDGE AND THE SANTA ANA AVENUE BRIDGE TO BE COUNTY HIGHWAYS BY THE COUNTY OF ORANGE ACTION: City Council approved Resolution No. 2021-xx and Resolution No. 2021-xx consenting to the County of Orange declaring Hamilton Avenue/Victoria Street bridge and the Santa Ana Avenue bridge to be County highways for the purposes of design, rights -of -way acquisitions, and construction by the County of Orange. Minutes — Regular Meeting — November 2, 2021 Page 5 8. AUTHORIZE THE USE OF SOURCEWELL'S NATIONAL COOPERATIVE AGREEMENT WITH NATIONAL AUTO FLEET GROUP AND EXPROLINK INC. FOR THE PURCHASE OF NEW AND REPLACEMENT CITY VEHICLES AND EQUIPMENT FOR FY 2021-22 ACTION: 1. City Council authorized the use of Sourcewell's (formerly National Joint Powers Alliance) National Cooperative Agreement No. 120716-NAF with National Auto Fleet Group for the purchase of new and replacement City fleet vehicles - cars, SUV's, trucks and related equipment - as approved in the FY 2021-22 annual budget. 2. Authorized the use of Sourcewell's (formerly National Joint Powers Alliance) National Cooperative Agreement No. 122017-EXP (Attachment 2) with Exprolink Inc. for the purchase of a MadVac LS175 compact sweeper with an authorized distributor, Total Clean. 3. Authorized the City Manager to execute the necessary documents for the purchase of new and replacement City fleet vehicles as approved in the FY 2021-22 annual budget. END OF CONSENT CALENDAR ------------------------------------------ MOVED/SECOND: Mayor Stephens/Council Member Chavez MOTION: Change the order Business to consider New Business No. 1 prior to Public Hearing No. 1. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Member Harper, Council Member Reynolds, Mayor Pro Tern Nays:None Absent: None Motion carried: 7-0 NEW BUSINESS: Council Member Harlan, Council Marr, and Mayor Stephens. 1. ADOPTION OF AN URGENCY ORDINANCE TO PROHIBIT THE OPERATION OF SHORT TERM RENTALS WITHIN THE CITY OF COSTA MESA WITH THE EXCEPTION OF HOMESHARING Presentation by Ms. Le, Economic and Development Services Director. Public Comments: Flo Martin, Costa Mesa, spoke on problems associated with Short Term Rental's, the house behind her home and parties, and spoke in support of extending the moratorium. Dagart Allison, spoke against extending the moratorium, has not been able to rent out their home, spoke against party houses, on measures to prevent party houses, and supports a permitting system. Minutes — Regular Meeting — November 2, 2021 Page 6 Austin Lynch, Organizing Director of Unite Here, local 11, Hotel Workers Union, spoke on the need for housing and supports extending the moratorium. Kyle Circle, Costa Mesa, spoke on home sharing terminology, security measures, and on measures ensuring Short Term Rentals will not affect the housing supply. MOVED/SECOND: Mayor Pro Tern 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 Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens. Nays:None Absent: None Motion carried: 7-0 ACTION: 1. City Council found that urgency Ordinance No. 2021-xx is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed ordinance will have a significant effect on the environment. 2. Introduced and adopted urgency Ordinance No. 2021-xx. PUBLIC HEARINGS: 1. EXTENSION OF URGENCY ORDINANCES 2020-15 AND 2020-16 SUSPENDING CERTAIN PERMIT REQUIREMENTS AND DEVELOPMENT STANDARDS FOR OUTDOOR ACTIVITIES DUE TO THE COVID-19 PANDEMIC Presentation by Ms. Le, Economic and Development Services Director. Public Comments: Flo Martin, Costa Mesa, spoke on outdoor dining in foreign countries and on the vibrant street life in the city. Speaker, spoke in support of the urgency ordinances and requested there be an advantage to existing businesses. Dan Bradley, spoke in support of the urgency ordinances and encouraged biking to offset parking problems. Tim Taber, spoke in support of the urgency ordinances and in support of biking and walking to restaurants, and spoke on outdoor music issues. Minutes — Regular Meeting — November 2, 2021 Page 7 MOVED/SECOND: Mayor Pro Tern Marr/Council Member Chavez MOTION: Approve recommended actions including the additional language that provides the Director of Economic and Development Services the discretion to revoke or modify approvals for outdoor activities in certain circumstances. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens. Nays:None Absent: None Motion carried: 7-0 ACTION: 1. City Council extended Urgency Ordinances 2020-15 and 2020-16 for one-year to expire on December 31, 2022. 2. Directed staff to investigate opportunities for amending the City's outdoor dining regulations to allow similar outdoor dining conditions afforded as a result of the COVID-19 pandemic. 3. Modify the Ordinances to include language that provides the Director of Economic and Development Services the discretion to revoke or modify approvals for outdoor activities in certain circumstances. OLD BUSINESS: None. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS — None. ADJOURNMENT — The Mayor Adjourned the meeting at 7:30 p.m. in memory of Oscar Santoyo. Minutes — Regular Meeting — November 2, 2021 Page 8 Minutes adopted on this 16th day of November, 2021. John Stephens, Mayor ATTEST: &26nL *OY%-) Brenda Green, tity Clerk Minutes — Regular Meeting — November 2, 2021 Page 9