HomeMy WebLinkAbout01/17/2017 - City Council-Housing Authority-Successor Agency MeetingMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,
HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
January 17, 2017
CALL TO ORDER
The Closed Session meeting was called to order by the Mayor 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 Mansoor, Council Member Righeimer (arrived at 4:05
p.m.), Council Member Stephens, Mayor Pro Tem Genis, and Mayor
Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
1. Speaker, spoke on Closed Session item #1 and requested the City to not settle with
Yellowstone Women's First Step House.
2. Grant McNiff — spoke in support of Yellowstone Women's First Step House.
CLOSED SESSION
The City Council recessed to Conference Room 5A for Closed Session at 4:10 p.m. to
consider the following items:
1. Conference with legal counsel regarding existing litigation: Yellowstone Women's
First Step House, Inc., and Sober Living Network, Inc. v. City of Costa Mesa;
U.S. District Court, Central District of California Case No. SACV14-01852 JVS,
pursuant to California Government Code Section 54956.9(d)(1).
2. Conference with legal counsel regarding anticipated litigation, significant
exposure to litigation, pursuant to California Government Code Section
54956.9(d)(2) for 1 potential case.
3. Conference with legal counsel regarding existing litigation: City of Costa Mesa, a
Municipal Corporation, et al., v. Civic Center Barrio Housing, Orange County
Superior Court Case No. 30-2014-00715552-CU-BC-CJC, pursuant to California
Government Code Section 54956.9(d)(1).
The City Council reconvened at 6:13 p.m.
MINUTES - REGULAR MEETING - JANUARY 17, 2017 - PAGE 1
CALL TO ORDER (00:00:05)
The meeting was called to order by the Mayor at 6:13 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:26) Council Member Stephens
MOMENT OF SOLEMN EXPRESSION (00:00:52)
Father Michael Hanifin, Saint Joachim Catholic Church, Costa Mesa
Mayor Foley stated that Public Hearing #2 regarding 440 Fair Drive has been withdrawn
by the applicant. (00:02:50)
ROLL CALL (00:03:23)
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant
City Manager Richard Francis, Assistant City Manager Tamara Letourneau,
Development Services Department Consultant Jay Trevino, Public Services Director
Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:03:43)
City Attorney Duarte reported on Closed Session item# 3 Civic Center Barrio Housing,
on which the City Council authorized staff to dismiss the action against the defendant
and the defendant agreed to a waiver of costs, on a vote of 4-0-1 with Mayor Pro Tem
Genis abstaining.
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)
Council Member Stephens stated he was asked about the firefighters' contract.
(00:04:11)
Mayor Foley stated she had communications with the Firefighters Association on
the process. (00:04:23)
ANNOUNCEMENTS (00:04:38)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:06:36)
Australia Sister City Education Exchange Delegation presentation and recognition.
MINUTES - REGULAR MEETING - JANUARY 17, 2017 - PAGE 2
PUBLIC COMMENTS (00:16:49)
Dan Goldmann, Costa Mesa, spoke on the need for more recreation and park areas.
(00:20:34)
Linda Dean, Costa Mesa, spoke on insufficient parking on Coolidge Street and permit
parking restrictions. (00:20:34)
Tamar Goldmann, Costa Mesa, spoke against high density growth. (00:24:02)
Kim Hendricks, Costa Mesa, thanked staff for signage protecting habitat at Fairview
Park; and homeless issues at Talbert Park and protecting designated areas. (00:26:18)
Gretchen Fry -Harvey, Costa Mesa, spoke on the new housing projects and the need for
open space. (00:29:19)
Speaker, provided a video presentation on Fairview Park. (00:32:09)
Speaker, spoke on opening the restrooms at the parks and providing them for the
homeless. (00:36:45)
Speaker, spoke on the Yellowstone Women's First Step House lawsuit. (00:39:10)
Lee Place, Costa Mesa, spoke on high density building. (00:41:29)
Speaker, requested Council to revisit the appeal fees and refunds. (00:44:30)
Denise Davis, Costa Mesa, spoke against the proposed project at 440 Fair Drive; and
inquired on the traffic study results on Fair Drive. (00:47:05)
Speaker, Costa Mesa, spoke against the proposed project at 440 Fair Drive. (00:50:50)
Speaker, Costa Mesa, spoke against the proposed project at 440 Fair Drive. (00:54:01)
Richard Russell, spoke on the release of all commissioners. (00:55:16)
Beth Refakes, Costa Mesa, spoke on the landscape maintenance needed on the 55
freeway terminus; and requested review of the small lot ordinance. (00:58:19)
Steve Ray, Executive Director of the Banning Ranch Conservancy, provided a status
report on the Coastal Commission actions and the State Supreme Court hearing
regarding the Banning Ranch Development. (01:00:12)
Peter Mills, Costa Mesa, spoke on the speed limit increase on Fair Drive. (01:03:18)
MINUTES- REGULAR MEETING -JANUARY 17, 2017 -PAGE 3
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (01:04:00)
Council Member Stephens thanked everyone who spoke out on 440 Fair Drive;
welcomed the Chargers; spoke on Jeff Arthur's Memorial Service; spoke on a
community meeting on fireworks on February 9; Pension Oversight committee items at
a study session and acceleration of pension obligation payments; commission
applications; and the potential need for a lighted crosswalk on Placentia and Shalimar.
(01:04:09)
Council Member Righeimer spoke on Jeff Arthur's Memorial service; and pension
problems and costs. (01:08:11)
Council Member Mansoor spoke on responding to council member comments.
(01:12:19)
Mayor Foley spoke on adjourning the meeting in memory of Werner Escher;
Groundbreaking of Argyos Arts Center; requested staff to look into the parking issues
on Coolidge, trash on the 55 freeway terminus, and flooring at Tewinkle park
playground; spoke on the video of burrowing owl; appeal fees; supports study sessions
on pension issues; and spoke on the release of commissioners. (01:12:35)
Mayor Pro Tem Genis spoke on the need to review the noise ordinance; the small lot
ordinance and overlays on Harbor and Newport Boulevards; appeal fees; and the
Master Plan of Parks strategy. (01:16:48)
CONSENT CALENDAR:
MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 13
except for 5, 6, and 7.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
1. READING FOLDER - Claims received by the City Clerk: Gayle Hickey, Peggy
Ann Honeywell, Catherine Tracy, and Frank Anthony Ventrella, Jr.
ACTION:
City Council received and filed.
MINUTES - REGULAR MEETING - JANUARY 17. 2017 - PAGE 4
2. WARRANT RESOLUTION NO. 2569 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 16-26 "A" FOR $-7,125.98
AND 16-27 FOR $2,234,922.78; AND CITY OPERATING EXPENSES FOR
$1,855,197.84; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID
ACTION:
City Council approved Warrant Resolution No. 2569.
3. PROPOSED UPDATES TO POLICE DEPARTMENT TOW POLICY
GUIDELINES AND REQUIREMENTS
ACTION:
City Council adopted Resolution 17-04, approving updates to the Costa Mesa
Police Department Tow Policy Guidelines and Requirements for contract
rotational tow service operators.
4. 2014-2015 WESTSIDE NEIGHBORHOOD PARKWAY CONCRETE REPAIR
PROJECT - CITY PROJECT NO. 15-01
ACTION:
1. City Council accepted the work performed by Global Power Group, Inc. and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized the release of the Labor and Material Bond seven (7) months after
the filing date; release of the Faithful Performance Bond one (1) year after the
filing date; and release of the retention monies 35 days after the Notice of
Completion filing date.
8. FISCAL YEAR 2015-2016 INDEPENDENT FINANCIAL AUDIT OF THE COSTA
MESA HOUSING AUTHORITY, AS HOUSING SUCCESSOR; AND, HOUSING
SUCCESSOR ANNUAL REPORT OF THE LOW AND MODERATE INCOME
HOUSING ASSET FUND UNDER SECTION 34176.1 OF THE DISSOLUTION
LAW AND SECTION 34328 OF THE CALIFORNIA HOUSING AUTHORITIES
LAW
ACTION:
The City Council and Housing Authority received and filed the Fiscal Year 2015-
2016 Independent Financial Audit of the Low and Moderate Income Housing
Asset Fund and the Fiscal Year 2015-2016 Housing Successor Annual Report
prepared under the California Health and Safety Code (HSC), Section 34176.1
as the housing successor and Section 34328 as a housing authority.
MINUTES - REGULAR MEETING - JANUARY 17, 2017- PAGE 5
9. RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE 17-18 A -B
FISCAL PERIOD OF JULY 1, 2017 TO JUNE 30, 2018
ACTION:
Successor Agency adopted Successor Agency Resolution No. 17-05, approving
Recognized Obligation Payment Schedule for the 17-18 A -B Annual Fiscal
Period of July 1, 2017 to June 30, 2018 (`BOPS 17-18 A -B"), subject to submittal
to and review by the Oversight Board and then DOF. Further, the Assistant
Finance Director, in consultation with legal counsel, was authorized to request
and complete meet and confer session(s), if any, with the DOF and authorized to
make augmentations, modifications, additions or revisions as may be necessary
or directed by DOF.
10. APPROVE MUNICIPAL ADVISORY SERVICES AGREEMENT WITH
FIELDMAN ROLAPP & ASSOCIATES
ACTION:
1. City Council approved the Municipal Advisory Services Agreement with
Fieldman Rolapp & Associates in the amount of up to $90,000 per year in
connection with the funding plan for the Lions Park projects; and
2. Authorized the City Manager to execute a three (3) year agreement; and
3. Authorized the City Manager to approve and execute amendments to the
agreement.
11. APPROVAL OF MAYOR'S APPOINTMENTS TO THE BOARDS OF THE
TRANSPORTATION CORRIDOR AGENCY AND THE ORANGE COUNTY
VECTOR CONTROL DISTRICT
ACTION:
The City Council approved the Mayor's appointments to the respective boards:
1. Transportation Corridor Agency (TCA):
Appointee - Mayor Foley
Alternate - Council Member Mansoor
2. Orange County Vector Control District (OCVCD):
Appointee — Mayor Pro Tem Genis
No Alternate Required
MINUTES- REGULAR MEETING -JANUARY 17.2017- PAGE 6
12. FUNDING FOR LEGAL SERVICES AGREEMENT WITH BEST BEST &
KRIEGER
ACTION:
1. City Council authorized additional funding in the amount $ 75,000 to allow
Best Best & Krieger (BB&K) to provide legal assistance with group home
issues and a multi -agency lawsuit against Americare Medservices Inc.;
and
2. Satisfied the City's final financial obligation with Best Best & Krieger (BB&K) for
environmental and election services in the amount of $4,525.75.
13. CITY COUNCIL RESOLUTION AFFIRMING THE MAYOR'S TWO
APPOINTMENTS TO THE OVERSIGHT BOARD UNDER THE DISSOLUTION
LAW, CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART 1.85,
SECTION 34179
ACTION:
The City Council adopted Resolution No. 17-06, affirming Mayor Foley's
selection of Mayor Pro Tem Genis and Daniel Baker to the Oversight Board
under the Dissolution Law, California Health and Safety Code, Division 24, Part
1.85, Section 34179.
---------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR:
5. APPROVE STORM DRAIN EASEMENT — CANYON PARK (01:19:30)
Raja Sethuraman, Public Services Director, provided an update on the item.
(01:20:00)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on runoff into the Talbert Nature Reserve.
(01:20:36)
Public Comments Closed.
Mr. Sethuraman spoke on expanding the existing pipes. (01:22:31)
MINUTES- REGULAR MEETING -JANUARY 17,2017- PAGE 7
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the Drainage Easement and Agreement within Canyon
Park and authorized the Public Services Director to execute the agreement.
6. EAST 19TH STREET SAFE ROUTE TO SCHOOL (SRTS) PROJECT FROM
CHURCH STREET TO IRVINE AVENUE, FEDERAL PROJECT NO. SRTSL-
5312 (089), CITY PROJECT NO. 16-17 (01:23:31)
Public Comments:
Speaker, spoke against the project. (01:23:53)
Beth Refakes, Costa Mesa, expressed concerns on the project. (01:25:49)
Ralph Taboada, Costa Mesa, expressed concerns on the project and requested
review by the Bikeway and Walkability committee. (01:28:17)
Speaker, expressed concerns on the project. (01:29:56)
Public Comments Closed.
Mayor Pro Tem Genis inquired on the landscape pallet for the project. (01:31:30)
Mr. Sethuraman presented the Staff Report. (01:35:52)
Discussion ensued on the public outreach for the project. (01:42:00)
Council Member Righeimer spoke in support of the project. (01:42:42)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To approve the recommended actions.
Discussion ensued on the project's plans and specifications; and presenting the
item to the Bikeway and Walkability committee. (01:42:42)
MINUTES- REGULAR MEETING -JANUARY 17.2017- PAGE 8
7
SUBSTITUTE MOTION/SECOND: Council Member Stephens/Mayor Foley
SUBSTITUTE MOTION: For staff to present the project to the Bikeway and
Walkability Committee meeting in February and bring it back for Council
consideration at the February 21, 2017 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor and Council Member Righeimer
Absent: None
Motion carried: 3-2
ACTION:
City Council directed staff to present the project to the Bikeway and
Walkability Committee meeting in February and bring it back for Council
consideration at the February 21, 2017 City Council meeting.
BRISTOL STREET PROJECTS, FEDERAL PROJECT NOS. HSIPL-5312(093)
AND STPL-5312(100), CITY PROJECT NO. 16-20 (02:04:06)
Mayor Pro Tem Genis spoke on the business access issues on Bristol Street.
(02:04:12)
Discussion ensued on meeting with the business owners; and access. (02:06:33)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council adopted the plans, specifications, and working details for the
Bristol Street Projects, City Project No. 16-20, consisting of:
Project A: Bristol Street Median Improvement Project, Federal Project No.
HSIPL-5312(093);
Project B: Rehabilitation of Bristol Street and Bear Street, Federal Project No.
STPL-5312(100);
Project C: Santa Ana Delhi Channel Diversion Project;
Project D: Traffic Signal Installation on Bristol Street;
Project E: Storm Drain Improvements at Randolph Avenue; and
2. Approved Budget Adjustment No. 17-008 in the amount of $940,912.00; and
3. Rejected the bid submitted by Excel Paving, and awarded a contract for all
five projects to the apparent low bidder, Sully -Miller Contracting Corporation,
in the amount of $4,979,439.05; and
MINUTES - REGULAR MEETING - JANUARY 17. 2017 - PAGE 9
4. Authorized the Mayor and City Clerk to execute the Public Works Agreement.
City Council recessed into a break at 8:25 p.m.
City Council reconvened at 8:34 p.m.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. 2016 CALIFORNIA RESIDENTIAL CODE WIND SPEED REVISION (02:20:52)
No public comments on this item.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: Council Member Mansoor
Motion carried: 4-0-1
ACTION:
City Council introduced for first reading, Ordinance 17-03, to be read by title only,
and further reading waived, to update the Costa Mesa Municipal Code Section 5-
1.3c to reflect climatic and geographic design criteria applicable for the design of
residential structures within the City.
2. GENERAL PLAN AMENDMENT GP -16-01 CHANGING THE LAND USE
DESIGNATION OF A 1.66 ACRE SITE FROM NEIGHBORHOOD
COMMERCIAL (NC) TO HIGH DENSITY RESIDENTIAL (HDR); AND
CONSIDERATION OF FIRST READING OF ORDINANCE 17 -XX OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA FOR REZONE R-16-
01 TO REZONE (OR CHANGE) A 1.66 -ACRE SITE LOCATED AT 440 FAIR
DRIVE FROM C1 (LOCAL BUSINESS DISTRICT) TO PDR -HD (PLANNED
DEVELOPMENT RESIDENTIAL -HIGH DENSITY) AND MASTER PLAN PA -16-
46 AND TENTATIVE TRACT MAP TT -18064 FOR CONDOMINIUM
PURPOSES FOR A 28 -UNIT RESIDENTIAL COMMON INTEREST
DEVELOPMENT LOCATED AT 440 FAIR DRIVE — THIS ITEM WAS
WITHDRAWN FROM THE AGENDA AND NOT CONSIDERED.
MINUTES- REGULAR MEETING - JANUARY 17,2017- PAGE 10
OLD BUSINESS:
1. AMENDMENT OF COSTA MESA MUNICIPAL CODE SECTIONS 2-97 and 2-
101 CHANGING THE TITLE OF CHIEF EXECUTIVE OFFICER TO CITY
MANAGER AND ASSISTANT CHIEF EXECUTIVE OFFICER TO ASSISTANT
CITY MANAGER (02:22:12)
No public comments on this item.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: Council Member Mansoor
Absent: None
Motion carried: 4-1
ACTION:
City Council gave second reading to and adopted Ordinance 17-02, to be read by
title only, and further reading waived, amending sections 2-97 and 2-101 of the
Costa Mesa Municipal Code to remove references to the Chief Executive Officer
and Assistant Chief Executive Officer and change the titles to City Manager and
Assistant City Manager respectively.
2. WEST 19TH STREET BICYCLE TRAIL PROJECT (02:23:05)
Raja Sethuraman, Public Services Director, presented the Staff Report.
(02:23:33)
Discussion ensued on reaching out to various Resource Agencies. (02:29:23)
Public Comments:
Eleanor Egan, Costa Mesa, spoke against the project. (02:37:04)
Rick Huffman, Costa Mesa, requested for the project to be reviewed by the
Bikeway and Walkability Committee. (02:39:33)
Cindy Black, Costa Mesa, showed photographs of Talbert Park and spoke
against the project. (02:42:47)
Jay Humphrey, Costa Mesa, spoke against the project. (02:46:21)
Steve Ray, representing Banning Ranch Conservancy, spoke against the project.
(02:49:32)
MINUTES- REGULAR MEETING -JANUARY 17,2017- PAGE 11
Ralph Taboada, Costa Mesa, requested for the project to be reviewed by the
Bikeway and Walkability Committee. (02:52:38)
Public Comments Closed.
Council Member Righeimer spoke in support of the bike trail. (02:55:33)
Council Member Mansoor spoke in support of the bike trail. (03:01:14)
Mayor Foley spoke in support of the bike trail and spoke on consultation with
the Resource Agencies. (03:09:10)
Mayor Pro Tem Genis spoke in support of the motion. (03:11:05)
MOVED/SECOND: Council Member Righeimer/Mayor Foley
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council authorized an amendment to the Professional Services Agreement
for Environmental Services for the West 19th Street Bicycle Trail Project with
Dudek, 605 Third Street, Encinitas, CA 92024, in the amount of $155,977; and
2. Authorized the City Manager and City Clerk to execute the Amendment.
NEW BUSINESS:
1. MOBILE RECREATION PROGRAM (03:11:41)
Justin Martin, Recreation Manager, presented the Staff Report. (03:12:12)
Public Comments:
Eleanor Egan, Costa Mesa, supports the program and spoke on restoring the
previous mobile recreation van. (03:20:33)
Public Comments Closed.
Council Member Mansoor spoke on repairs needed at City parks. (03:22:10)
Mayor Foley spoke in support of the program. (03:24:00)
MINUTES- REGULAR MEETING -JANUARY 17.2017- PAGE 12
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: Council Member Mansoor
Absent: None
Motion carried: 4-1
ACTION:
City Council directed staff to move forward with the return of the Mobile
Recreation Program.
ADDITIONAL COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
(03:25:17) - NONE
REPORT — CITY MANAGER (03:25:26) - NONE
REPORT — CITY ATTORNEY (03:25:28) - NONE
ADJOURNMENT (03:25:31) — The Mayor adjourned the meeting at 9:39 p.m. in honor
and memory of Werner Escher.
Minutes adopted on this 4th day of April, 2017.
Mayor
ATTEST:
Brenda Green, CitylClerk
MINUTES - REGULAR MEETING - JANUARY 17, 2017 - PAGE 13