HomeMy WebLinkAbout05/16/2017 - City Council-Housing Authority-Successor Agency MeetingMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,
HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
MAY 169 2017
CALL TO ORDER
The Closed Session meeting was called to order by the Mayor at 4:04 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, Council Member
Stephens, Mayor Pro Tem Genis (arrived at 4:15 p.m.), and Mayor Foley.
Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
The City Council recessed to Conference Room 5A at 4:06 p.m. for Closed Session to
consider the following items:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Subdivision (a) of Section 54957.6, California Government Code
Agency Designated Representative: Tamara Letourneau, Assistant City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Timothy Dadey, et al v. City of Costa Mesa, Orange County
Superior Court of California, Case No. 30-2014-00757962-CU-CR-CJC.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: The Kennedy Commission, et al v. City of Costa Mesa, Orange
County Superior Court of California, Case No. 30-2016-00832585-CU-WM-CJC.
4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Stephanie De La Cruz v. City of Costa Mesa, et al, Orange County
Superior Court of California, Case No. 30-2016-00830354-CU-PO-CJC.
The City Council reconvened at 6:19 p.m.
MINUTES — REGULAR MEETING — May 16, 2017 — PAGE 1
CALL TO ORDER (00:00:28)
The meeting was called to order by the Mayor at 6:19 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:33) Mayor Foley
MOMENT OF SOLEMN EXPRESSION (00:01:08)
Pastor Phil Eyskens, The Lighthouse Church, Costa Mesa
ROLL CALL (00:03:42)
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 Tamara Letourneau, Development Services Department Consultant Jay
Trevino, Public Services Director Raja Sethuraman, and City Clerk Brenda Green.
The Mayor announced that Public Hearing #1 Code Amendment CO -16-04 and Old
Business #1 Code Amendment CO -17-03 were withdrawn from the agenda and will be
rescheduled for a future City Council meeting date. (00:04:00)
CITY ATTORNEY CLOSED SESSION REPORT (00:04:07) — City Attorney Duarte
reported on Closed Session #4 De La Cruz v. City of Costa Mesa, in which the City
Council approved the payment to plaintiff of $117,500.00 on a vote of 5-0, in exchange
plaintiff agreed to dismiss the lawsuit and an executed copy of the settlement
agreement will be posted on the City's website.
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
Mayor Foley stated she had communications with various firefighters to assess priorities
and clarify language on Fair Labor Standards Act requirements. (00:04:36)
ANNOUNCEMENTS (00:05:21)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
MINUTES —REGULAR MEETING —May 16, 2017 —PAGE 2
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:09:11)
Tim Lewis, Costa Mesa, spoke on vandalism on his property; homeless issues; the
Maple Street project; removal of the Newport and Harbor Boulevard overlays; and
adjusting the Small Lot Ordinance. (00:09:34)
Kim Hendricks, Costa Mesa, spoke on a party at Fairview Park on May 20"' celebrating
the adoption of Measure AA; requested the Fish Fry be moved from Fairview Park; and
monies for Fairview Park. (00:12:04)
Kathy Esfahani, representing the Costa Mesa Affordable Coalition, spoke on the Costa
Mesa Motor Inn lawsuit ruling; and provided suggestions regarding affordable housing.
(00:15:12)
Beth Refakes, Costa Mesa, spoke on reconsidering the Small Lot Ordinance; including
budget for signal pre-emption; and suggested the City acquire a portion of the Whittier
Law School property. (00:18:30)
Tamar Goldmann, Costa Mesa, spoke on the Costa Mesa Motor Inn lawsuit ruling; and
providing affordable housing. (00:21:15)
Reggie Mundekis, spoke on moving the Fish Fry from Fairview Park to the Orange
County Fairgrounds. (00:23:42)
Speaker, spoke on reconsidering the Small Lot Ordinance; and removal of the Newport
and Harbor Boulevard overlays. (00:25:55)
Andrea Bass, Costa Mesa, spoke in support of the Western Transit providing Senior
Transportation bus services. (00:28:56)
Wendy Leece, Costa Mesa, spoke on the proposed Capital Improvement Projects
funding in the proposed budget and supports funding for Fairview Park; and expressed
concerns on the Lions Park Library Project; and spoke on the unfunded pension liability.
(00:32:03)
Speaker, requested an update on the lights at Harbor and Merrimac; spoke on the
Fairview Developmental Center for the disabled; and praised the police and fire
departments. (00:35:00)
Ralph Taboada, thanked Council Members Mansoor and Stephens for the homeless
forum; and requested that the current year forecast for expenses be included in the
budget. (00:38:09)
Speaker, spoke on the Costa Mesa Motor Inn lawsuit ruling; reconsidering the Small Lot
Ordinance; and sober living issues. (00:41:41)
MINUTES - REGULAR MEETING - May 16, 2017 - PAGE 3
Council Member Righeimer responded to comments by a citizen. (00:44:26)
Speaker, spoke on spot zoning and overlay problems; and Dick Church's restaurant.
(00:45:54)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:48:26)
Mayor Foley spoke on the budget for Fairview Park; requested review of the Small Lot
Ordinance and overlays at a Joint Study Session with the Planning Commission; spoke
on the Fish Fry relocating to the Orange County Fairgrounds; Senior transportation bus
services; and supports an affordable housing Study Session. (00:48:32)
Mayor Pro Tem Genis spoke on attending the Orange County Board of Education
meeting and the Jack Hammett essay; recognition of Ms. Ross of Davis Magnet School;
the Fish Fry event; Senior transportation bus services; and attending the Southern
California Association of Governments (SCAG) conference. (00:51:35)
Council Member Stephens spoke on Mayor Pro Tem Genis' Award from the Orange
County League Conservation of Voters; the 4th of July celebration at the Orange County
Fairgrounds; his proclamation to Tom Johnson; and praised Geoff West. (00:54:33)
Council Member Righeimer spoke on the sale of the Whittier Law School property; not
moving the Lions Fish Fry from Fairview Park; motel, budget and housing issues; spoke
in support of the library project; and spoke on ex -parte communications. (00:57:41)
Council Member Mansoor spoke on the Tour de OC Bike ride at Vanguard on Saturday,
May 20; and requested Mr. Hatch to follow-up with Mr. Taboada regarding clarification
on budget issues. (01:04:07)
CONSENT CALENDAR (01:05:08)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 10
except for 2, 4, 7, and 9.
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
MINUTES —REGULAR MEETING —May 16, 2017 —PAGE 4
1. READING FOLDER
Claims received by the City Clerk: Will B. King, Julie Macfarlane, and Bryan
Mejia.
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF
MARCH 7, 2017 AND STUDY SESSION OF FEBRUARY 14, 2017
ACTION:
City Council approved the minutes of March 7, 2017 and February 14, 2017.
5. AWARD THE PURCHASE OF ONE NEW 2017 F-250 PICKUP TRUCK FOR
ANIMAL CONTROL
ACTION:
City Council approved and authorized the City Manager to execute a purchase
order for the purchase of one 2017 Ford F-250 with animal containment
compartments through the National Joint Powers Alliance (NJPA) Contract
#120716 -NAF, with National Auto Fleet Group, 490 Auto Center Drive,
Watsonville, California 95076, in the amount of $64,485.62.
6. ACCEPT COMPLETION OF RFP NO. 1172, REMOVAL OF A 10,000 -GALLON
UNDERGROUND STORAGE TANK LOCATED IN THE COSTA MESA POLICE
DEPARTMENT
ACTION:
1. City Council accepted the work performed by MJK Construction, Inc. and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Material Bond and the Faithful
Performance Bond after the Notice of Completion filing date.
8. ACCEPT COMPLETION OF PROJECT NO. 16-23, DOWNTOWN RECREATION
CENTER POOL DECK REHABILITATION PROJECT
ACTION:
1. City Council accepted the work performed by CJ Concrete Construction, Inc.
and authorize the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Materials 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.
MINUTES —REGULAR MEETING —May 16, 2017 —PAGE 5
10. PROFESSIONAL SERVICES CONTRACT AMENDMENT WITH JEANELLE
HEASTON DBA PERMIT MANAGEMENT SOLUTIONS
ACTION:
1. City Council approved Amendment One to the existing Professional Services
Agreement with Jeanelle Heaston DBA Permit Management Solutions to
increase total compensation by an amount not to exceed $36,000; and
2. Authorized the City Manager and City Clerk to execute the agreement; and
3. Authorized the City Manager and City Clerk to accept and execute future
amendments to the agreement.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:06:10)
2. WARRANT RESOLUTION NO. 2577 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-08 "A" FOR
$4,799.23 AND 17-09 FOR $2,253,507.29; AND CITY OPERATING
EXPENSES FOR $2,306,104.28; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID (01:06:11)
Public Comments:
Speaker, spoke on legal costs. (01:06:13)
City Attorney Duarte stated that the quarterly litigation status reports are posted
on the City's website. (01:08:29)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
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 Warrant Resolution No. 2577.
MINUTES — REGULAR MEETING — May 16, 2017 — PAGE 6
4. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT: TEWINKLE
PARK ADA AND PARKING LOT IMPROVEMENTS, CITY PROJECT NO. 17-01
(01:09:18)
Public Comments:
Speaker, spoke on quality service. (01:09:37)
MOVED/SECOND: Council Member Mansoor/Council Member Righeimer
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
TeWinkle Park ADA and Parking Lot Improvements Project, 970 Arlington
Drive, Costa Mesa, CA, 92626, City Project No. 17-01; and
2. Awarded a construction contract to All American Asphalt, 400 E. Sixth Street,
Corona, CA 92879, in the amount of $220,272.00; and
3. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
7. PARKING LOT REHABILITATION PROJECT AT VARIOUS LOCATIONS,
TANAGER BIKE TRAIL AND BALEARIC COMMUNITY CENTER
IMPROVEMENTS, CITY PROJECT NO. 17-02 (01:10:36)
Council Member Righeimer and Council Member Stephens recused themselves
and stepped down from the dais and left the Council Chambers due to living
within a 500' radius. (01:10:39)
Public Comments:
Speaker, inquired about All American Asphalt. (01:11:12)
Discussion ensued on the bidding process. (01:11:51)
Ralph Taboada, Costa Mesa, spoke in support of the project. (01:13:50)
MINUTES —REGULAR MEETING —May 16,2017— PAGE 7
MOVED/SECOND: Council Member Mansoor/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
Abstain: Council Member Righeimer and Council Member Stephens
Motion carried: 3-0-0-2
ACTION:
1. City Council adopted the plans, specifications, and working details for the
Parking Lot Rehabilitation Project at Various Locations, Tanager Bike Trail
and Balearic Community Center Improvements, City Project No. 17-02:
Project "A" — Americans with Disabilities Act (ADA) Parking Stall and
Sidewalk Improvements at Fairview Park (2501 Placentia Avenue, Costa
Mesa);
Project "B" — Pavement Improvements for City Hall Parking Lot (77 Fair Drive,
Costa Mesa);
Project "C" — Pavement Improvements for Fire Station No. 2 (800 Baker
Street, Costa Mesa);
Project "D"— Pavement Improvements for Fire Station No. 4 (2300 Placentia
Avenue, Costa Mesa)
Project "E" — Tanager Drive, Bike Trail Improvements (South of Tanager Drive
from Golf Drive Easterly to Harbor Boulevard); and
Project "F" — Balearic Community Center Playground Pavement Overlay
(1975 Balearic Drive, Costa Mesa); and
2. Awarded a construction contract to All American Asphalt, 400 E. Sixth Street,
Corona, CA 92879, in the amount of $880,411.00 (Base Bid plus all Additive
Bid Items); and
3. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
Council Member Righeimer and Council Member Stephens returned to the
meeting.
9. ARLINGTON DRIVE BIOSWALE AND DRY WEATHER DIVERSION PROJECT,
CITY PROJECT NO. 17-04 (01:14:31)
Public Comments:
Ralph Taboada, Costa Mesa, requested information on the project. (01:14:45)
MINUTES —REGULAR MEETING —May 16, 2017 —PAGE 8
MOVED/SECOND: Council Member Stephens/Council Member Mansoor
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 rejected all bids; and
2. Authorized staff to re -advertise the project.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): NONE
THIS ITEM WAS WITHDRAWN FROM THE AGENDA AND NOT CONSIDERED.
1. PUBLIC HEARING FOR CODE AMENDMENT CO -16-04 — AMENDMENTS TO
ARTICLE 1 (ACCESSORY STRUCTURES INCLUDING SHEDS IN
RESIDENTIAL DISTRICTS) OF CHAPTER 5 (DEVELOPMENT STANDARDS)
OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) AND ARTICLE 2
(GENERAL PROVISIONS) AND ARTICLE 3 (SIGN REGULATIONS) OF
CHAPTER VIII (SIGNS) OF TITLE 13 (PLANNING, ZONING AND
DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE
OLD BUSINESS: NONE
THIS ITEM WAS WITHDRAWN FROM THE AGENDA AND NOT CONSIDERED.
1. SECOND READING OF ORDINANCE 17-09 CODE AMENDMENT CO -17-03
AMENDING ARTICLE 4 OF CHAPTER XII OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE AS ADOPTED BY SECTION 5 OF MEASURE Z,
ORDINANCE NO. 2016-07, RELATING TO THE OPEN SPACE AND PUBLIC
PARK IMPACT FEES, AND AMENDING THE UNCODIFIED PORTION OF
SECTION 5 OF MEASURE Z, ORDINANCE NO. 2016-07, RELATED TO THE
CREATION, COMPOSITION AND NAME OF THE OPEN SPACE AND
RECREATION ADVISORY COMMITTEE
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (01:17:08) — Mayor Pro Tem Genis inquired on the Development
Services Director recruitment.
REPORT — CITY MANAGER (01:17:30) - NONE
REPORT — CITY ATTORNEY (01:17:34) - NONE
ADJOURNMENT (01:17:36) — The Mayor adjourned the meeting at 7:37 p.m.
MINUTES - REGULAR MEETING - May 16, 2017 - PAGE 9
Minutes adopted on this 6' day of June, 2017.
ATTEST:
Brenda Green, City Clerk
MINUTES — REGULAR MEETING — May 16, 2017 — PAGE 10