HomeMy WebLinkAbout2-07-2023 MinutesREGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, COSTA MESA PUBLIC FINANCING
AUTHORITY, COSTA MESA FINANCING AUTHORITY, AND
HOUSING AUTHORITY - FEBRUARY 7, 2023 - MINUTES
CALL TO ORDER —The Closed Session meeting was called to order by Mayor Stephens at
4:01 p.m.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Marr, Council
Member Reynolds (arrived 4:20 p.m.), Mayor Pro Tern Harlan, and Mayor Stephens.
Present Via Zoom: Council Member Harper.
Absent: None.
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: Carrin A. Leaman vs. City of Costa Mesa
Orange County Superior Courts Case No. 30-2021-01196302-CU-OR-CJC
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1)
Name of Case: SoCal Recovery, LLC, a California limited liability company v. City of
Costa Mesa, United States District Court, Central District of California, Case No.
8:18-cv-01304-JVS-PJW.
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1)
Name of Case: Raw Recovery, LLC et al v. City of Costa Mesa, United States District
Court, Central District of California, Case No. 8:18-cv-01080-JVS-AGR
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Ohio House, LLC v. City of Costa Mesa, USDC, Central District of CA,
Case No. 8:19-cv-01710-DOC (KESx)
Minutes — Regular Meeting — February 7, 2023 Page 1 of 11
5. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).
6. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Firefighters Management Association
(CMFMA).
7. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Police Management Association
(CMPMA).
8. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Management Association (CMDMA).
9. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Unrepresented Executive Employees
10. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Confidential Management Unit
11. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a)
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager
Name of Employee Organization: Costa Mesa Unrepresented Part Time Employees
12. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - TWO
CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
Ms. Hall Barlow, City Attorney, reported that one of the anticipated litigation cases was
pertaining to a demand letter received from Patrick Munoz, Rutan & Tucker LLP pertaining to
Appeal of Planning Application 22-21.
City Council recessed at 4:05 p.m. for Closed Session.
Closed Session adjourned at 5:30 p.m.
Minutes — Regular Meeting — February 7, 2023 Page 2 of 11
CALL TO ORDER —The Regular City Council and Successor Agency to the Redevelopment
Agency, Costa Mesa Public Financing Authority, Costa Mesa Financing Authority, and Housing
Authority meeting was called to order by Mayor Stephens at 6:00 P.M.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance.
MOMENT OF SOLEMN EXPRESSION
Led by Mr. John Begin.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Marr (arrived
6:10 p.m.), Mayor Pro Tern Harlan, and Mayor Stephens.
Present Via Zoom: Council Member Harper (left at 7:55 p.m.) and Council Member Reynolds
Absent: None.
CITY ATTORNEY CLOSED SESSION REPORT — No reportable action.
PRESENTATIONS:
Mayor Stephens presented a proclamation to representatives from Vanguard University Black
Student Union and Orange Coast College Black Student Union in recognition of Black History
Month.
PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA
Speaker spoke on the draft housing element, the election and Measure K, and an ethics policy.
Jay Humphrey spoke on the Mobile Home parks zoning and Measure K.
Speaker, spoke in appreciation on lowering the speed limits, spoke on traffic collisions, and
requested a four legged crosswalk at 19th St. and Newport Blvd.
Nigel Bress spoke on his business and the digital filing cabinet tool, Apace CC+
Juana Treijo spoke on high rent increases and on rent control.
Kim Hendricks, speaking on behalf of Fairview Park Alliance, spoke on Fairview Park.
Jenn Tanaka, Member of Costa Mesa Alliance for Better Streets, spoke in appreciation of
reducing speed limits, spoke on a traffic calming policy, spoke on enforcement, spoke on a
timeline for the Measure K visioning process, and the timeline for the Housing Element.
Speaker, thanked the City Council and staff for approving Active Transportation projects, and
spoke on replacing a car trip with a walk or bike trip.
Andrew Barnes spoke on Someone Cares Soup Kitchen and their to go packages and people
eating outside causing trash issues, urged the soup kitchen to reopen inside dining, and spoke
on enforcement for speed limits.
Minutes — Regular Meeting — February 7, 2023 Page 3 of 11
Speaker, spoke on the election and Measure K, and on campaign donations.
David Martinez spoke on racial equity and condemning racism.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Chavez spoke on Love Costa Mesa helping a local resident, the new mobile
command unit, and spoke on the recent traffic stop incident and racial equity.
Council Member Gameros spoke on taking a tour of the homeless shelter, volunteers helping
on community service projects, and spoke on the traffic stop incident.
Council Member Reynolds thanked staff for responsiveness, congratulated Public Works
Department on obtaining grants and for reducing speed limits throughout the city, spoke on
committees being in person and zoom, and spoke on the recent traffic stop incident.
Mayor Stephens spoke on the new mobile command vehicle, spoke on the Renascence
School, and spoke on the recent traffic stop incident and inclusivity.
REPORT — CITY MANAGER — Ms. Farrell Harrison, spoke on the recent traffic stop incident,
spoke on rental assistance programs, Fair Housing Workshop on February 15th, Dump Day
and shredding event on March 4th, and congratulated a local photographer who will be
photographing the Philadelphia Eagles.
REPORT — CITY ATTORNEY — NONE.
CONSENT CALENDAR (Items 1-6)
MOVED/SECOND: Council Member Chavez/Mayor Pro Tern Harlan
MOTION: Approve recommended actions for consent calendar items 1-6
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council
Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens.
Nays: None
Absent: None
Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign
contributions received.
Motion carried: 7-0
1. PROCEDURAL WAIVER: WAIVE THE FULL READING 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.
Minutes — Regular Meeting — February 7, 2023 Page 4 of 11
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Adrian Aguilar, Julio
Ascencio, State Farm Mutual with Jefferson Kirk Given, Wiliam Harvill, Mark Herschthal,
Victoria Maldonado, Piotr Pramowski, Juan David Veramancini.
3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on this item due to campaign contributions received.
ACTION:
City Council approved Warrant Resolution No. 2693.
4. MINUTES
ACTION:
City Council approved the Minutes of the Regular meeting of January 17, 2023 and the
Special Study Session of January 24, 2023.
5. AUTHORIZE THE USE OF SOURCEWELL'S NATIONAL COOPERATIVE
AGREEMENT WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF
NEW AND REPLACEMENT CITY VEHICLES AND EQUIPMENT
ACTION:
1. City Council authorized the use of Sourcewell's National Cooperative Agreement No.
091521-NAF (Attachment 1) with National Auto Fleet Group for the purchase of new
and replacement City fleet vehicles - cars, vans, SUV's, trucks and related
equipment - as approved during the annual budget process.
2. Authorized the City Manager and the City Clerk to execute all documents necessary
to utilize the Sourcewell National Cooperative Agreement for one year with two
one-year renewals authorized in respective annual budgets through FY 2024-25 for
an annual not -to exceed amount of $2,000,000.
6. SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND THE CITY
OF COSTA MESA'S MUNICIPAL CODE 3-151 APPEALS FROM ACTION OF
POLICE CHIEF
ACTION:
City Council adopted Ordinance No. 2023-01 to amend Section 3-151 (Appeals from
Action of Police Chief) Chapter VI (Special Animal Permit) of Title 3 (Animal
Regulations) of the CMMC to grant appeal authority to the City Manager in place of the
City Council for Special Animal Permit related actions taken by the Chief of Police.
---------------------------------------END OF CONSENT CALENDAR ------------------------------------------
Minutes — Regular Meeting — February 7, 2023 Page 5 of 11
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. REPEAL OF THE ORDINANCES UNDER CHAPTER I (BICYCLES AND MOTORIZED
BICYCLE LICENSING) TO TITLE 4 (BICYCLES) OF THE COSTA MESA MUNICIPAL
CODE
Presentation by Acting Police Captain Wadkins.
Public Comments:
Speaker, spoke in support of the item.
Speaker, spoke in support of the item, spoke on additional recommendations by the
Active Transportation Committee, and updating ordinances.
Jay Humphrey, Costa Mesa, spoke in support of the project, and spoke on addressing
traffic concerns regarding electric bicycles.
Speaker, spoke in support of the item, and on eliminating the requirement that bikes in
parks must be parked in a bike rack.
Speaker, spoke on electric bikes.
David Martinez spoke in support of the item and on eliminating the requirement that
bikes in parks must be parked in a bike rack.
MOVED/SECOND: Council Member Chavez/Council Member Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member
Council Member Marr, Council Member Reynolds,
Stephens.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
Gameros, Council Member Harper,
Mayor Pro Tem Harlan, and Mayor
ACTION:
City Council introduced for first reading Ordinance No. 2023-02 to repeal Chapter I
(Bicycles and Motorized Bicycle Licensing) to Title 4 (Bicycles) of the Costa Mesa
Municipal Code to comply with current California law.
Minutes — Regular Meeting — February 7, 2023 Page 6 of 11
2. CITY COUNCIL FIRST READING OF AN ORDINANCE TO AMEND TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE (ZONING CODE) TO MODIFY EXISTING
ACCESSORY DWELLING UNIT (ADU) STANDARDS TO CONFORM WITH RECENT
REVISIONS TO STATE LAW AND TO CLARIFY LOCAL PROVISIONS TO IMPROVE
PERMIT PROCESSING (CODE AMENDMENT CO 2022-01)
Presentation by Mr. Yeager, Associate Planner.
Public Comments:
Speaker, spoke on the need for housing, ADU's, HCD's comments in their letter of
March 2022 regarding exterior staircases, and spoke on Jr. ADU's and garage
conversions.
MOVED/SECOND: Mayor Pro Tern Harlan/Council Member Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper,
Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor
Stephens.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council introduced for first reading, by title only, Ordinance No. 2023-03 approving
Code Amendment CO-2022-01, amending Title 13 of the Costa Mesa Municipal Code
(Zoning Code) to modify the City's accessory dwelling unit (ADU) standards to conform
to recent revisions to State law, and to clarify several existing provisions to improve
ADU permit processing.
OLD BUSINESS:
1. RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA AND COMPLEX
APPELLATE LITIGATION GROUP, LLP FOR LEGAL SERVICES
Presentation by Ms. Hall Barlow, City Attorney
Mayor Stephens recused himself from the item due to campaign contributions received
from the attorney, stepped down from the dais and left the Council Chambers.
Public Comments:
Cynthia McDonald spoke on the rate increase, requested total anticipated fees, and
spoke on the cases.
Minutes — Regular Meeting — February 7, 2023 Page 7 of 11
MOVED/SECOND: Council Member 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 Marr,
Council Member Reynolds, and Mayor Pro Tern Harlan.
Nays: None
Absent: Council Member Harper
Abstain: Mayor Stephens
Motion carried: 5-0-1-1
ACTION:
1. City Council approved the Agreements between the City of Costa Mesa and the law
firm of Complex Appellate Litigation Group, LLP in connection with the pending
lawsuits entitled The Ohio House LLC v. City of Costa Mesa, United States District
Court for the Central District of California, Case No. 8:19-cv-01710-JVS (GJSx),
Insight Psychology and Addiction, Inc. v. City of Costa Mesa, United States District
Court for the Central District of California, Case No. 8:20-cv-00504-MEMF-JDE,
SoCal Recovery, LLC v. City of Costa Mesa, 9th Circuit Court of Appeals No.
20-55820, RAW Recovery, LLC v. City of Costa Mesa, 9th Circuit Court of Appeals
No. 20-55870.
2. Authorized the City Manager and the City Clerk to execute the Agreements.
City Council recessed into a break at 8:00 p.m.
City Council reconvened at 8:10 p.m.
NEW BUSINESS:
1. CDBG CV HOMELESSNESS PREVENTION AND SERVICES TO LOW/MODERATE
INCOME HOUSEHOLDS
Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tern Harlan/Council Member Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr,
Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens.
Nays: None
Absent: Council Member Harper,
Abstain: None
Motion carried: 6-0-1
Minutes — Regular Meeting — February 7, 2023 Page 8 of 11
ACTION:
1. City Council approved the reallocation of $344,000 in Community Development
Block Grant - Coronavirus (CDBG-CV) funds from Program Administration
($274,000) and the Motel Isolation Voucher Program ($70,000) for street outreach,
workforce development, senior meals, and homeless youth programs.
2. Authorized the City Manager (or their designee) and the City Clerk to execute all
agreements and/or amendments to the agreements to award CDBG-CV funding in
the amount of $70,000 for Trellis International, $189,000 for City Net, and $35,000
for Project Hope Alliance, each for a one-year term.
3. Approved the appropriation of $50,000 in CDBG-CV funds to provide meals for
Costa Mesa senior citizens.
2. CITY OF COSTA MESA, COSTA MESA PUBLIC FINANCING AUTHORITY, COSTA
MESA FINANCING AUTHORITY, AND COSTA MESA HOUSING AUTHORITY
FINANCIAL STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR
THE PERIOD ENDING JUNE 30, 2022.
Presentation by Ms. Molina, Finance Director.
Public Comments: None.
MOVED/SECOND: Mayor Stephens/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 Marr,
Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens.
Nays: None
Absent: Council Member Harper,
Abstain: None
Motion carried: 6-0-1
ACTION:
1. City Council received and filed the following reports for the fiscal year ended June
30, 2022:
a. Annual Comprehensive Financial Report (ACFR);
b. Air Quality Improvement Fund Compliance Report;
c. Audit Communication Letter; and
d. Independent Accountant's Report on Agreed -Upon Procedures Applied to
Appropriation Limit Worksheets.
2. City Council and Costa Mesa Public Financing Authority received and filed the Costa
Mesa Public Financing Authority audited financial statements for the fiscal year
ended June 30, 2022.
Minutes — Regular Meeting — February 7, 2023 Page 9 of 11
3. City Council and Costa Mesa Financing Authority received and filed the Costa Mesa
Financing Authority audited financial statements for the fiscal year ended June 30,
2022.
4. City Council and Housing Authority received and filed the following reports for the
fiscal year ended June 30, 2022:
a. Independent Financial Audit of the Costa Mesa Housing Authority, including the
Low and Moderate Income Housing Asset Fund; and
b. The Fiscal Year 2021-22 Housing Successor Annual Report prepared under the
California Health and Safety Code Section 34176.1 as the housing successor
and Section 34328 as a housing authority.
ADDITIONAL COUNCIUBOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
Council Member Gameros requested to adjourn in honor of Devin Clark a resident who passed
away.
ADJOURNMENT —The Mayor adjourned the meeting at 9:13 p.m. in memory of Devin Clark.
Minutes — Regular Meeting — February 7, 2023 Page 10 of 11
Minutes adopted on this 21st day of February, 2023.
ATTEST:
Brenda Gree City Clerk
Minutes — Regular Meeting — February 7, 2023 Page 11 of 11