HomeMy WebLinkAbout05-03-2022 MinutesCITY OF COSTA MESA
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY - MINUTES
MAY 3, 2022 - 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 Reynolds (arrived 4:02 p.m.), Council
Member Harlan, Mayor Pro Tern Marr, and Mayor Stephens.
Absent: Council Member Gameros and Council Member Harper.
PUBLIC COMMENTS — NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1)
Name of Case: Katherine Sherouse individually and doing business as Camp Lila v.
City of Costa Mesa, et al., United States District Court, Central District of California, Civil
Action No. 8:22-cv-00756-JVS-ADSx
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1)
Name of Case: RDX 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 — ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(1)
Name of Case: Costa Mesa v. Newport Mesa Unified School District, Orange County
Superior Court Case No. 30-2021-01179397-CU-WM-CXC.
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION — ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(1)
Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S.
District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE
Minutes — Regular Meeting — May 3, 2022 Page 1 of 11
City Council recessed at 4:02 p.m. for Closed Session.
Closed Session adjourned at 5:20 p.m.
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
MAY 3, 2022 - 6:00 P.M.
CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment
Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Mariachi Juvenil Herencia Michoacana and Council Member Harlan led the Pledge of
Allegiance.
MOMENT OF SOLEMN EXPRESSION
Led by Pastor Christine Wallington, Seventh Day Adventist Church.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros (via Zoom), Council Member
Harlan, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens.
Absent: Council Member Harper
CITY ATTORNEY CLOSED SESSION REPORT - No reportable action.
PRESENTATIONS:
Mayor Stephens presented a proclamation for Asian American Pacific Islander Heritage Month
to Kelani Silk.
Mayor Stephens presented a proclamation for Lupus Awareness Month to Mayala Gaerlan.
Mayor Stephens presented a proclamation for National Bike Month to The Cyclist, the Unlikely
Cyclist, and The Electric Bike Company.
Presentation by Adam Eliason on the Orange County Housing Finance Trust.
PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA
Written communications were received from Ms. Duarte and Cynthia McDonald.
Flo Martin, Costa Mesa, spoke on the accomplishments and progress with Bikeability and
Walkability since the inception of the Active Transportation Committee and thanked Raja
Sethuraman, Jennifer Rosales and Brett Atencio Thomas.
Marc Vukcevich, Costa Mesa, spoke on attending the California Bicycle Coalition Summit 2022
on Bikeability, including Quick Builds, Bike Education, and how to fund projects.
Minutes — Regular Meeting — May 3, 2022 Page 2 of 11
David Martinez, Costa Mesa, pulled consent calendar items #5 and #6, spoke on bicycle
safety, updating the safe routes to school map, and spoke on funding the installation of bike
racks at local businesses.
Kim Hendricks, Costa Mesa, spoke on the Fairview Park Alliance and volunteering on projects
at Fairview Park, spoke on Earth Day and lack of coordination with the Fairview Park Alliance,
and requested changing Concerts in the Park to another park instead of Fairview Park.
Speaker spoke on problems with a food truck on Newport Boulevard, thanked Chief Lawrence
for his attention to the matter, spoke on waiting on an investigation and police report, and
problems associated with no restroom and operating hours.
Wendy Leece, Costa Mesa, thanked Kim Hendricks for the Fairview Park Alliance PowerPoint,
spoke on Measure AA to preserve Fairview Park, spoke on the Earth Day tour at Fairview Park
and the lack of coordination with the Fairview Park Alliance, and spoke on phone calls to the
city not being returned.
Speaker spoke on meeting with the Police Department staff regarding a food truck incident,
and spoke on problems associated with the food truck.
Speaker spoke on problems associated with the food truck and requested a restraining order
and having the food truck removed from the area.
Hank Castignetti, spoke in remembrance of Gary Kimble
Carlia Oldfather, Director of Program and Business Operations for Stand Up for Kids Orange
County, spoke on homelessness and students in need of housing.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Harlan reported on taping the Costa Mesa Now podcast on Costa Mesa
Eastside eateries, and congratulated Eat Chow on their loth Anniversary and Mi Casa
celebrating 50 years.
Council Member Reynolds requested follow up on the food truck complaints, spoke on
attending a meeting with the Orange County Human Relations team and working on a
campaign against hate crimes, thanked the Chamber of Commerce for their work in promoting
local businesses, spoke on bike racks in front of businesses and not in the back, spoke on a
letter of support for acquisition of Banning Ranch, thanked staff for Arbor Day events,
acknowledged community organizations that volunteered including Fairview Park Alliance,
spoke on Bike to School Day Wednesday, May 4th, thanked Hank Castignetti for remembrance
of Gary Kimble and requested to adjourn the meeting in honor of him.
Minutes — Regular Meeting — May 3, 2022 Page 3 of 11
Council Member Chavez commended the Police Chief for addressing citizen concerns, spoke
on attending a tree planting event, requested Shalimar Drive be open to parking for everyone,
requested dedicated funding for rental assistance and additional public outreach, spoke on
planting white clovers instead of grass at the dog park, spoke on AB 2439 regarding converting
DMV buildings into affordable housing, and spoke in memory of Julian Collin Zuniga, a student
that passed away from a fentanyl overdose and requested to adjourn in memory of her.
Mayor Pro Tern Marr thanked Hank Castignetti for the remembrance of Gary Kimble, reported
on attending Cal Cities Public Safety meeting and discussions on legalizing Cannabis, spoke
on a ride -along with the police department, thanked staff for the CIP Study Session, and
acknowledged and thanked all for Public Service Week.
Mayor Stephens spoke on Public Service Week and thanked all employees for their service,
spoke on adjourning the meeting in memory of Joanne Taylor, spoke on the OC Marathon,
tree planting, will be attending an interfaith prayers breakfast, and spoke on the ducks killed at
Tewinkle Park.
REPORT — CITY MANAGER - Susan Price, Assistance City Manager, spoke on funding for
rental assistance, spoke on two organizations to contact, Serving People in Need 714-751-
1101 and Families Forward 949-552-2727, spoke on the Earth Day Festival, spoke on an
Earth Day survey, and Happy Public Services Week.
REPORT — CITY ATTORNEY — NONE.
CONSENT CALENDAR (Items 1-6)
MOVED/SECOND: Council Member Chavez/Council Member Harlan
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6 except
for items 5 and 6 which were pulled from the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council
Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Motion carried: 6-0
1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
ACTION:
City Council, Agency Board, and Housing Authority approved the reading by title only
and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Linda Fredrick Oneill;
Debra Von Trapp.
Minutes — Regular Meeting — May 3, 2022 Page 4 of 11
3. ADOPTION OF WARRANT RESOLUTION
ACTION:
City Council approved Warrant Resolution No. 2679
4. MINUTES
ACTION:
City Council approved the Minutes of the Regular meeting of April 5, 2022.
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
5. WILSON STREET IMPROVEMENT PROJECT, CITY PROJECT NO. 22-01
Presentation by Mr. Sethuraman, Public Services Director, Mr. Yang, City Engineer, and
Mr. Atencio Thomas, Active Transportation Coordinator.
Public Comments:
Written communications were received from Cynthia McDonald on this item.
Flo Martin, Costa Mesa, spoke on speeding and reckless driving on Fair Drive and on
Wilson Street, the need for more patrol officers issuing citations, and requested revising
the plans on the project.
Marc Vukcevich, Costa Mesa, provided a PowerPoint presentation, requested a bike
box at Wilson St., requested a sidewalk connection instead of a dirt patch, requested
painted bulb outs, marked crosswalks at Wilson Street and Pomona Ave., and a mid -
block crossing between Maple and Minor St.
David Martinez, Costa Mesa, provided a PowerPoint presentation, spoke on the Wilson
Street & Harbor intersection, spoke on a Class II Street, additional crosswalks, and
suggested the Active Transportation Committee to review.
Rick Huffman, Costa Mesa, suggested the plans be provided to the Active
Transportation Committee prior to coming before Council.
Jennifer Tanaka, Costa Mesa, spoke in support of the Wilson Street plans, thanked staff
for combining with the Mesa Water project.
Cynthia McDonald, Costa Mesa, spoke on the class 2 and class 3 bike lanes, the area
between Fairview and Harbor, and bus lanes.
Minutes — Regular Meeting — May 3, 2022 Page 5 of 11
6.
MOVED/SECOND: Council Member Reynolds/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 Tern Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Motion carried: 6-0
ACTION:
1. City Council adopted plans, specifications, and working details for the Wilson Street
Improvement Project, City Project No. 22-01.
2. Awarded a Public Works Agreement (PWA) for construction to All American Asphalt,
400 East Sixth Street, Corona, California 92879 in the amount of $1,795,390.50
(Base Bid including Additive Bids).
3. Authorized the City Manager and City Clerk to execute the PWA for All American
Asphalt and future amendments to the agreements within Council authorized limits.
4. Authorized a ten percent (10%) contingency in the amount of $179,539 for
construction and unforeseen costs related to this project.
5. Approved a budget transfer, reallocating available Community Development Block
Grant (CDBG) budget in the amount of $600,000 to the Wilson Street Improvement
Project.
6. Authorized appropriation of Gas Tax Fund balance in the amount of $435,000 to the
Wilson Street Improvement Project.
AWARD OF CITYWIDE TRAFFIC SIGNAL MAINTENANCE CONTRACT
Public Comments:
David Martinez, Costa Mesa, spoke on adding leading pedestrian intervals and
automatic pedestrian signals.
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
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 Tern Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Motion carried: 6-0
Minutes — Regular Meeting — May 3, 2022 Page 6 of 11
ACTION:
1. City Council approved the Maintenance Services Agreement (MSA) with Yunex LLC
for the maintenance of the City's traffic signals in an amount not to exceed $400,000
annually, for an initial term of three (3) years with two (2) one-year renewal options
for a total of five years.
2. Approved a 10% contingency annually for unforeseen costs relating to the City's
traffic signals.
3. Authorized the City Manager and the City Clerk to execute the agreement and future
amendments to the agreement.
City Council recessed into a break at 8:25 p.m.
City Council reconvened at 8:35 p.m.
--------------------------------------END OF CONSENT CALENDAR ------------------------------------------
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN IDENTIFYING FUNDING
PRIORITIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIPS GRANT (HOME) PROGRAMS
Presentation by Ms. Daily, Grant Administrator.
Michelle Murphey, spokesperson for the Housing and Public Services Ad Hoc
Committee, spoke on the committee's selection process.
Public Comments:
Marc Vukcevich, Costa Mesa, requested clarification on the Mercy House high score
and amount received not matching what was requested.
Michael Tou, new member of the Housing and Public Service Grants Committee,
thanked staff and previous committee members for doing the work for this year's
application process.
Madelynn Hirneise, with Families Forward, thanked staff for their consideration of grant
opportunities; also, indicated Families Forward will participate in outreach efforts.
Minutes — Regular Meeting — May 3, 2022 Page 7 of 11
MOVED/SECOND: Council Member Harlan/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 Tern Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Motion carried: 6-0
ACTION:
1. City Council held a Public Hearing regarding the 2022-2023 Annual Action Plan.
2. Approved the allocation of $1,137,737 for the Fiscal Year 2022-2023 Community
Development Block Grant.
3. Approved the allocation of $501,749 for the Fiscal Year 2022-2023 HOME
Investment Partnerships Grant.
4. Adopted Resolution No. 2022-21 in order to:
a. Approve the 2022-2023 Annual Action Plan.
b. Authorize the City Manager, or the City Manager's designee, to submit the
2022-2023 Annual Action Plan to the U.S. Department of Housing and Urban
Development.
c. Designate the City Manager, or the City Manager's designee, as the official
representative of the City to administer the programs and to execute and submit
all required agreements, certifications, and documents required by HUD, and
execute all subrecipient agreements for the use of funds approved in the
2022-2023 Annual Action Plan.
5. Authorized the City Manager or designee to approve staff procedures and guideline
for the implementation of CDGB- and HOME -funded programs.
2. SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021-2022 ANNUAL ACTION
PLAN IDENTIFYING FUNDING PRIORITIES FOR THE HOME-AMERICAN RESCUE
PLAN (ARP) ALLOCATION PLAN
Presentation by Ms. Daily, Grant Administrator.
Public Comments:
Madelynn Hirneise, with Families Forward, thanked city staff, noted they are seeing an
increase in referrals, and spoke on the eviction moratorium.
Discussion ensued on Tenant Based Rental Assistance (TBRA), evictions due to the
building being sold or remodeled, tailoring various programs to various housing
scenarios, funding sources, addressing assistance for the mental health community,
providing assistance to the Spanish population, utilizing SOY as a resource, and
assistance for eviction prevention.
Minutes — Regular Meeting — May 3, 2022 Page 8 of 11
MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Continue the item to a later date; hold another public hearing, and add
assistance programs address to various housing scenarios.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan,
Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Motion carried: 6-0
ACTION:
1. City Council held a Public Hearing regarding the FY 2021-2022 Substantial
Amendment to the Annual Action Plan.
2. Continued the item to a later date; schedule another public hearing, and add
assistance programs address to various housing scenarios.
OLD BUSINESS: NONE.
NEW BUSINESS:
1. RESIDENTIAL PERMIT PARKING PROGRAM
Presentation by Ms. Rosales, Transportation Services Manager and Julie Dixon,
President of Dixon Resources Unlimited.
Public Comments:
Written communications were received from Pat Shaffer, Jennifer Tanaka, Marc
Vukcevich, and David Martinez on this item.
Marc Vukcevich, Costa Mesa, spoke on a letter written by Jennifer Tanaka, shared
parking lots, single-family home garages, private parking costs, inducing demand,
reducing prices for low income residents but not free, and where does the money go.
MOVED/SECOND: Council Member Chavez/Council Member Reynolds
MOTION: Approve recommended actions with the following change; for low income
residents charge $5 for the first permit, and $10 for the second permit and the rest
remains the same.
Council Member Harlan spoke on not supporting the motion with the proposed cost
structure and requested more discussion.
Council Member Chavez spoke on not changing his current motion.
City Attorney Hall Barlow suggested tabling the specific fee amounts until the fee
resolution comes back to council for adoption.
Discussion ensued regarding fee structure.
Minutes — Regular Meeting — May 3, 2022 Page 9 of 11
SUBSTITUTE MOTION/SECOND: Council Member Harlan/Mayor Pro Tern Marr
SUBSTITUTE MOTION: Approve recommended actions but do a fee study later for
more specific details.
Mayor Stephens spoke on not supporting the substitute motion.
Discussion ensued on the timing of adjusting the fees and rate structure.
Council Member Harlan withdrew his motion with the understanding that the fees and
rate structure would be coming back to council for further action.
ORIGINAL MOTION/SECOND: Council Member Chavez/Council Member Reynolds
ORIGINAL MOTION: Approve recommended actions with the following change; for low
income residents charge $5 for the first permit, and $10 for the second permit and the
rest stays the same.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan,
Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Motion carried: 6-0
ACTION:
1. City Council approved the revised Residential Permit Parking program guidelines
and policies.
2. Approved an annual residential parking permit fee with an escalating rate structure
and discount for qualifying low-income residents.
3. Authorized staff and the City Attorney to initiate amendments to the Costa Mesa
Municipal Code (CMMC) incorporating proposed changes to the Residential Permit
Parking program and return to City Council for approval through the Public Hearing
process.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS - NONE
ADJOURNMENT — The Mayor adjourned the meeting at 11:18 p.m. in memory of Gary
Kimble, Joanne Taylor, Julian Collin Zuniga.
Minutes — Regular Meeting — May 3, 2022 Page 10 of 11
Minutes adopted on this 7t" day of June, 2022.
hn Stephens, Mayor w
ATTEST:
4'awk Qamo
Brenda Gree City Clerk
Minutes — Regular Meeting — May 3, 2022 Page 11 of 11