HomeMy WebLinkAbout06/20/2017 - City Council-Housing Authority-Successor Agency MeetingMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,
HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
JUNE 20, 2017
CALL TO ORDER
The Special Closed Session was called to order by the Mayor at 5:07 p.m. in the
Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
City Clerk Green stated that Council Member Stephens will participate remotely from
Chicago, Illinois.
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens via teleconference, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
Council Member Stephens made a statement as to compliance with the Brown Act and
reported that no members of the public were in attendance.
PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS - NONE
The City Council recessed to Conference Room 5A at 5:10 p.m. for Special Closed
Session to consider the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Ming Cheng Chen; Hsiang Chu Shih Chen v. City of Costa Mesa,
United States District Court, Central District of California, Case No. 8:16-cv-
01624-JCG.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: City of Costa Mesa, et al. v. New Harbor Inn, an unincorporated
entity, et al., Orange County Superior Court of California, Case No. 30-2016-
00848149-CU-OR-CJC.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code
for 1 potential case.
The City Council reconvened at 6:00 p.m.
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 1
CALL TO ORDER (00:00:26)
The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM (00:00:52) Ms. Moxy Anne
PLEDGE OF ALLEGIANCE (00:02:32) Council Member Righeimer
MOMENT OF SOLEMN EXPRESSION (00:02:53)
Pastor Jim Turrell, The Center for Spiritual Living Newport Mesa
ROLL CALL (00:03:38)
City Clerk Green stated that Council Member Stephens will participate remotely from
Chicago, Illinois.
Present: Council Member Mansoor, Council Member Righeimer (left at 1:16 a.m.),
Council Member Stephens via teleconference, Mayor Pro Tem Genis, and
Mayor Foley.
Absent: None
Council Member Stephens made a statement as to compliance with the Brown Act and
reported that no members of the public were in attendance. (00:04:40)
Officials Present: 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.
CITY ATTORNEY CLOSED SESSION REPORT (00:04:57) — City Attorney Duarte
reported on Closed Session #3, in which the City Council, on a vote of 5-0, entered into
a settlement agreement with Solar City to resolve all disputes and claims and to
terminate the Solar Power purchase agreement with payment of $225,000.00 to Solar
City. The settlement is a result of the projected savings not being achieved due to the
scheduled demolition of the Neighborhood Community Center which will be replaced by
a new library building designed to achieve leads certification without solar panels.
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)
(00:05:33) — Mayor Foley inquired with Captain Rob Gagne regarding the procedure of
voting by the membership on contracts.
ANNOUNCEMENTS (00:05:52)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
MINUTES -REGULAR MEETING -JUNE 20, 2017 -PAGE 2
PUBLIC COMMENTS (00:09:07)
Jay Humphrey, Costa Mesa, spoke about an oil spill at Fairview Park parking lot.
(00:09:36)
Speaker, Costa Mesa, inquired on the Fairview Park administrator position; spoke on
Glenn Lukos and Associates; the 90 -day survey report; and prosecuting offenses.
(00:12:25)
Speaker, spoke on the sound levels and concerts at the Orange County Fairgrounds
and violations of the settlement agreements. (00:14:34)
Phil Marsh, Costa Mesa Newport Harbor Lions Club President, thanked the City Council
and spoke on the Fish Fry event. (00:17:30)
Beth Refakes, Costa Mesa, spoke regarding the landscaping on 19th and Newport;
Harbor Boulevard medians; fireworks; reconsidering the Small Lot Ordinance; and noise
at the OC Fairgrounds. (00:18:52)
Speaker, spoke on homeless issues and drug addicts; and the Taco Brat new business.
(00:21:56)
Karl Ahlf, Costa Mesa, spoke on illegal fireworks and fines. (00:24:59)
Speaker, spoke on the reconsideration of the Small Lot Ordinance. (00:27:00)
Robin Leffler, Costa Mesa, spoke on campaign promises by the candidates and the
approval of Measure Y; and requested a moratorium on the Small Lot Ordinance.
(00:27:43)
Speaker, spoke on Sober Living and Small Lot Ordinances. (00:30:24)
Speaker, spoke on the OC Register articles regarding sober living homes. (00:32:26)
Cindy Brenneman, Costa Mesa, spoke on the First Friday road show on July 7th
(00:35:50)
Speaker, spoke on sober living home issues. (00:41:17)
Bill McCarty, Costa Mesa, spoke on Fairview Park and played a video of volunteers at
the park. (00:43:45)
Speaker, spoke on code enforcement issues at his business; and sober living home
issues. (00:47:13)
Speaker, spoke on crime and sober living home issues. (00:50:37)
MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 3
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:54:25)
Council Member Stephens spoke via teleconference on the Public Service
Announcement (PSA) regarding fireworks; 4th of July celebration at the OC Fairgrounds;
and projects pertaining to group homes and code enforcement. (00:54:39)
Council Member Righeimer spoke on the PSA regarding fireworks and fines for illegal
fireworks; and the group home ordinance. (00:57:36)
Council Member Mansoor thanked the speakers for comments and reporting issues;
and spoke on the Costa Mesa Connect application. (01:01:17)
Mayor Foley spoke on sober living home issues; the OC All Star Classic football;
requested information on utilizing Nextel program by our police department; thanked the
Lions Club for the Fish Fry; and encouraged businesses to join the Chamber of
Commerce. (01:02:41)
Mayor Pro Tem Genis spoke on the mosquito awareness week beginning June 25th; OC
Fairground events, noise limits and agreements; 4th of July celebration at the OC
Fairgrounds; and a moratorium on Small Lot Ordinance. (01:08:24)
CONSENT CALENDAR (01:11:49)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 14
except for 2, 7, 11, 13, and 14.
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: California Automobile Insurance Company, as
subrogee for Karl Ozinga.
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF
APRIL 4, 2017
ACTION:
City Council approved the minutes of April 4, 2017.
MINUTES - REGULAR MEETING -JUNE 20, 2017- PAGE 4
4. HALECREST NEIGHBORHOOD PARKWAY CONCRETE REPAIR PROJECT -
CITY PROJECT NO. 15-03
ACTION:
1. City Council accepted the work performed by C.J. Concrete Construction Inc.
and authorized the City Clerk to file the Notice of Completion; and
2. Authorized 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.
5. EASTSIDE NEIGHBORHOOD PARKWAY CONCRETE REPAIR PROJECT
(ZONE #3 AND ZONE #12) - CITY PROJECT NO. 15-02
ACTION:
1. City Council accepted the work performed by C.J. Concrete Construction Inc.
and authorized the City Clerk to file the Notice of Completion; and
2. Authorized 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.
6. WEST BAY STREET IMPROVEMENTS - CITY PROJECT NO. 17-06
ACTION:
1. City Council adopted plans, specifications, and working details for the West
Bay Street Improvements, City Project No.17-06, funded by the Community
Development Block Grant (CDBG) program; and
2. Awarded a construction contract to Copp Contracting, Inc., 6751 Stanton Ave.
Buena Park, CA 90621, in the amount of $179,149.00; and
3. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
8. PURCHASE OF THE BATTERIES AND CHARGERS FOR THE MOBILE
RECEIVER RADIOS FOR ORANGE COUNTY 800 MHZ COUNTYWIDE
COORDINATED COMMUNICATIONS SYSTEM UPGRADE
ACTION:
City Council approved and authorized the City Manager to execute a purchase order
with Power Products for the purchase of batteries and chargers for the mobile
receiver radios designed to interface with the existing Orange County ASTRO 25
System in the amount of $53,535.43.
MINUTES -REGULAR MEETING -JUNE 20. 2017 -PAGE 5
9. PROFESSIONAL SERVICES AGREEMENT PROVIDING ENVIRONMENTAL
CONSULTING SERVICES WITH FIRSTCARBON SOLUTIONS FOR AN
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR
MASTER PLAN PA -17-11 IN CONJUNCTION WITH FUTURE EXPANSIONS
OF VANGUARD UNIVERSITY AT 55 FAIR DRIVE
ACTION:
1. City Council approved and authorized the Mayor and the City Clerk to execute a
one (1) year Professional Services Agreement (PSA) for environmental
consulting services with FirstCarbon Solutions, 250 Commerce, Suite 250
Irvine, CA 92620, for an Initial Study/Mitigated Negative Declaration (IS/MND)
for Master Plan PA -17-11 in conjunction with future expansions for Vanguard
University at 55 Fair Drive, Costa Mesa, CA 92628, in the amount not to exceed
$83,860.00, effective date June 21, 2017 — June 20, 2018; and
2. Authorized the City Manager and the City Clerk to renew the agreement for two
(2) additional one-year terms, upon mutual agreement of both parties.
10. SENIOR TRANSPORTATION PROGRAMS (STP) AWARD OF CONTRACT
ACTION:
1. City Council approved and authorized the City Manager and the City Clerk to
execute a three (3) year Professional Service Agreement (PSA) for the Senior
Transportation Programs (STP) with Keolis Transit Services, LLC at 6053 W.
Century Blvd., Suite 900, Los Angeles, CA 90045 in the annual amount not to
exceed $197,020.00, effective date July 01, 2017 — June 30, 2020; and
2. Authorized the City Manager and the City Clerk to renew the agreement for
two (2) additional one-year terms, upon mutual agreement of both parties.
12. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City's Maintenance of Effort (MOE) for Fiscal Year
2017-18; and
2. Approved the City's Local Signal Synchronization Plan (LSSP); and
3. Approved the City's Seven -Year Capital Improvement Program (CIP) for Fiscal
Year 2017-18 through Fiscal Year 2023-24; and
4. Adopted Resolution No. 17-45, for the Master Plan of Arterial Highways
Conformance, mitigation fee program, and LSSP.
MINUTES -REGULAR MEETING - JUNE 20, 2017 -PAGE 6
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2579 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 17-11 FOR $2,207,148.95;
AND CITY OPERATING EXPENSES FOR $4,234,358.19; AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:13:10)
Public Comments:
Speaker, requested clarification on furniture purchase. (01:13:21)
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 Warrant Resolution No. 2579.
7. CLOSE OFF ARTERIAL WALL OPENINGS AT VARIOUS LOCATIONS
PROJECT, CITY PROJECT NO. 17-05 (01:15:40)
Raja Sethuraman, Public Services Director, presented the staff report. (01:15:46)
Public Comments:
Barrie Fisher, Costa Mesa, spoke on the bids and the project. (01:16:46)
Speaker, spoke in support of closing the wall opening. (01:20:00)
Speaker, inquired on how the bids are advertised. (01:22:04)
Speaker, inquired on how the bids are advertised. (01:23:40)
Public Comments Closed.
Council Member Stephens spoke regarding cost and delay concerns; and
reducing the scope of the project. (01:24:47)
Council Member Mansoor suggested landscaping and beautification as an
alternative. (01:28:03)
MINUTES -REGULAR MEETING -JUNE 20, 2017 -PAGE 7
Mayor Pro Tem Genis supports using alternate materials; and spoke on
beautification. (01:30:55)
Council Member Righeimer spoke on bidding. (01:32:37)
MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley
MOTION: To approve the recommended actions and incorporate landscaping
into the project.
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; and
3. Authorized staff to incorporate landscaping into the project.
11. PROFESSIONAL ENGINEERING SERVICES TO PROVIDE AS -NEEDED STAFF
SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS
(01:34:20)
Raja Sethuraman, Public Services Director, presented the staff report for
Consent Calendar item numbers 11 and 13. (01:34:49)
Tamara Letourneau, Assistant City Manager, provided an update on the staff
vacancies. (01:35:57)
Public Comments:
Speaker, spoke on Interwest Consulting Group. (01:37:02)
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
MINUTES -REGULAR MEETING -JUNE 20, 2017 -PAGE 8
ACTION:
1. City Council approved Amendment No. 2 to the Professional Services
Agreement with Interwest Consulting Group, Inc., 15140 Transistor Lane,
Huntington Beach, California 92649, to increase the maximum compensation by
$388,000.00, to $1,027,500.00, and extended the term of the Agreement through
March 31, 2018; and
2. Authorized the City Manager to execute Amendment No. 2.
13. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
W.G. ZIMMERMAN ENGINEERING, INC.
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 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 approved Amendment No. 1 for the Professional Services
Agreement with W. G. Zimmerman Engineering, Inc., 17011 Beach Boulevard,
Suite 1240, Huntington Beach, CA 92647, increasing the consultant fee by an
amount of $75,000 to $124,470; and
2. Authorized the City Manager to execute the Amendment.
14. FIRST AMENDMENT TO LEASE AGREEMENT WITH STC ONE LLC. FOR THE
CELL TOWER LOCATED AT SHIFFER PARK (01:39:34)
Council Member Righeimer recused himself, stepped down from the dais and left
the Council Chambers due to a potential conflict of interest. (01:39:38)
Ashley Garcia, Management Analyst, presented the staff report. (01:40:08)
Council Member Mansoor requested that the City Council are notified prior to any
display of murals. (01:41:28)
Mayor Pro Tem Genis spoke on the rents. (01:42:33)
Jennifer Jackson, Parker Legal Group, clarified the rents and additional feet.
(01:45:50)
Council Member Stephens spoke on the agreement. (01:49:11)
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 9
Public Comments:
Speaker, spoke on the low rents. (01:51:38)
Speaker, spoke on the low rents and loss of parkland. (01:54:08)
Speaker, spoke on the low rents and requested further review of the agreement.
(01:55:50)
George Berg, Costa Mesa, requested further review of the agreement and
suggested to not use city parks for commercial use and do underground high
tension wires. (01:56:42)
Speaker, spoke against the issue. (01:58:53)
Public Comments Closed.
Mayor Foley requested for staff to research the cell tower lease agreements for
the Presbyterian Church on Fairview and Adams and the sewing machine and
vacuum cleaner store next to the Costa Mesa Motor Inn, for comparison.
(02:00:51)
MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley
MOTION: To continue the item to a future City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: None
Abstain: Council Member Righeimer
Motion carried: 4-0-0-1
ACTION:
City Council approved to continue the item to a future City Council meeting.
The City Council recessed into a break at 8:07 p.m. (02:02:56)
The City Council reconvened at 8:18 p.m. (02:13:35)
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. ADOPTION OF FISCAL YEAR 2017-2018 APPROPRIATIONS LIMIT
(02:13:46)
Steve Dunivent, Interim Finance Director, presented the staff report. (02:13:56)
No public comments on this item.
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 10
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 adopted Resolution No. 17-42, establishing the Fiscal Year 2017-2018
Appropriations Limit for the City of Costa Mesa at $223,567,465 by using the
County of Orange's population growth for population adjustment, and the California
per capita income growth for inflationary adjustment.
2. FISCAL YEAR 2017-2018 BUDGET ADOPTION (02:15:21)
Tom Hatch, City Manager, provided opening remarks. (02:15:32)
Mr. Dunivent presented the staff report.
Public Hearing Opened.
Jesus King, Costa Mesa, spoke in support of the skate park expansion.
(03:19:16)
Jim Fisler, Finance and Pension Advisory Committee Chair, spoke on the
committee's recommendations. (03:20:35)
Bill King, Costa Mesa, spoke in support of the skate park expansion. (03:29:47)
Adam Wood, representing the Building Industry Association, spoke in support of
the phased process related to the fire fees. (03:32:08)
Ian Smile, Costa Mesa, spoke in support of the skate park expansion. (03:32:47)
Cynthia McDonald, Costa Mesa, supports funding for the Tennis Center.
(03:33:48)
Speaker, requested to keep the reserves at $55 million; spoke against City
subsidizing the state to pay for employees; and spoke in support of more open
space. (03:36:37)
Karl Ahlf, Costa Mesa, spoke in support of homeless programs, investing in
infrastructure, and new mobile command units. (03:39:12)
Tim Lewis, Costa Mesa, spoke in support of the skate park expansion.
(03:42:05)
MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 11
Brett Eckles, Costa Mesa, expressed concerns on having a fiscal deficit and the
pension debt; and spoke on the lighting of fields feasibility study and project
status. (03:44:36)
Speaker, Costa Mesa, spoke in support of the skate park expansion. (03:54:59)
Robin Leffler, Costa Mesa, spoke in support of building the reserves; expressed
concerns on pension costs; and spoke on the library project. (03:56:43)
Speaker, spoke in support of funding a state employee for group home
inspections; and the skate park expansion. (03:59:47)
Speaker, spoke in support of the skate park expansion. (04:01:27)
Speaker, spoke in support of the skate park expansion. (04:03:43)
Beth Refakes, Costa Mesa, expressed concerns on the senior fees; spoke in
support of the fire department fee increases for signal preemption; supports trust
account for pension liability; and expressed concern on financing the lions park
project. (04:06:06)
Paul Schmidt, spoke in support of the skate park expansion. (04:09:06)
George Bird, Costa Mesa, spoke on the $5 million in expenditure and building the
reserves. (04:10:07)
Jill Johnson, Costa Mesa, spoke in support of the skate park expansion.
(04:11:13)
Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:12:22)
Speaker, spoke on helping with homeless issues. (04:13:23)
Wendy Leece, Costa Mesa, expressed concerns on sales taxes and pension
liability; opposed to spending $18.5 million for the library; and requested the
removal of the Fairview Park and Placentia Avenue connector trail. (04:15:04)
Art Goddard, Costa Mesa, spoke in support of the Lions Park project. (04:18:13)
Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:18:56)
Kim Hendricks, Costa Mesa, requested the removal of the Fairview Park and
Placentia Avenue connector trail. (04:21:05)
Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:21:28)
Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:22:14)
MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 12
Speaker, Costa Mesa, spoke in support of the skate park expansion. (04:25:37)
Rick Huffman, Costa Mesa, spoke in support of the tennis center; and spoke on
problems at the skate park. (04:26:48)
Speaker, spoke on using the police command vehicle fund for a new skate park;
the housing fund; and spoke against the library project. (04:29:55)
Jack Ford, spoke in support of the skate park expansion. (04:33:11)
Marty Jimenez, spoke in support of the skate park expansion. (04:34:10)
Brett Hamilton, Costa Mesa, spoke in support of the skate park expansion.
(04:36:30)
Public Hearing Closed.
Discussion ensued on funding for the skate park and hours of operation.
(04:37:43)
Council Member Righeimer spoke to not supporting the budget. (04:46:00)
Mayor Pro Tem Genis spoke on the general fund balances; and a private and
public partnership for the skate park. (04:55:00)
Council Member Stephens spoke in support of a private and public partnership
for the skate park. (04:59:55)
Discussion ensued on the $55 million council policy reserves goal, the
contingency fund and the pension ARC (annual required contribution). (05:03:00)
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:09:40)
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:
1. City Council approved Resolution No. 17-43, adopting the City of Costa Mesa
FY 17-18 Operating and Capital Improvement Budget including all items listed
on the Budget Addendum.
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 13
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:11:51)
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:
2. City Council approved Resolution No. 17-44, adopting the Fire and Park
services cost recovery fees.
MOTION/SECOND: Council Member Mansoor/Council Member Righeimer
(05:18:20)
MOTION: Direct staff to research establishing an Internal Revenue Code (IRC)
Section 115 irrevocable trust account for pensions and other accounts.
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:
2a. City Council approved staff to research establishing an Internal Revenue
Code (IRC) Section 115 irrevocable trust account for pensions and other
accounts.
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:19:23)
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:
3. City Council directed staff to work with the Finance and Pension Advisory
Committee on future options for the Business License fees and Transient
Occupancy Tax rate.
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:20:01)
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: Council Member Righeimer
Absent: None
Motion carried: 4-1
MINUTES -REGULAR MEETING -JUNE 20, 2017 -PAGE 14
ACTION:
4. Authorized the City Manager and Finance Director to make annual CalPERS
prepayments for all bargaining groups if cash flow and cash balances permit.
MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis (05:20:46)
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:
5. Approved job descriptions and recommended salary resolutions for the
following:
a. Assistant Fire Marshal — Resolution No. 17-46
b. Community Improvement Manager — Resolution No. 17-47
c. Parks and Community Services Director
MOVED/SECOND: Mayor Foley/Council Member Righeimer (05:21:24)
MOTION: Staff to review the following: current budgeted amounts for the Jack
Hammett Sports Complex; the 1.6 million dollar fund allocated for the lighting of
various fields including Kaiser, Pomona, and Rea Elementary Schools; bleachers
for Costa Mesa High School; Davis field improvements; and funding for the next
phase of the skate park expansion.
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 directed staff to review the following: current budgeted amounts for
the Jack Hammett Sports Complex; the 1.6 million dollar fund allocated for the
lighting of various fields including Kaiser, Pomona, and Rea Elementary Schools;
bleachers for Costa Mesa High School; Davis field improvements; and funding for
the next phase of the skate park expansion.
Mayor Foley spoke on the budget. (05:23:04)
Mayor Pro Tem spoke on the budget. (05:26:35)
Council Member Righeimer spoke on the budget. (05:27:41)
MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 15
The City Council recessed into a break at 11:34 p.m. (05:30:19)
The City Council reconvened at 11:44 p.m. (05:39:54)
3. APPEAL OF THE DENIAL OF SPECIAL USE PERMIT SL -15-0014 TO
OPERATE A SOBER LIVING HOME SERVING SIX RESIDENTS AT 2152
RALEIGH AVENUE (05:40:09)
Sheri Vander Dussen, Interim Assistant Director Community Improvement,
presented the staff report. (05:41:15)
Discussion ensued on reasonable accommodation requests. (05:51:46)
MOTION/SECOND: Mayor Foley/Council Member Righeimer
MOTION: To continue the meeting past midnight.
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 to continue the meeting past midnight.
Gregg Ohlhaver, applicant and property owner of Keystone Sober Living, spoke
on his facility. (05:58:32)
Public Hearing Opened:
Tim Lewis, Costa Mesa, spoke in support of approving the Special Use Permit
(SUP) for this sober living home. (06:15:37)
Speaker, spoke in support of approving the SUP for this sober living home.
(06:18:28)
John Walkner, Costa Mesa, spoke on the issue. (06:22:35)
Blake Stillwell, Costa Mesa, spoke in support of approving the SUP for this sober
living home. (06:26:32)
Tracy Walkner, Costa Mesa, spoke on problems with sober living homes.
(06:29:48)
Daniel Sanchez, spoke in support of approving the SUP for this sober living
home. (06:33:06)
Speaker, spoke on problems associated with this sober living home. (06:35:19)
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 16
Robin Leffler, Costa Mesa, spoke on regulating bad operators. (06:38:18)
Speaker, spoke on regulating sober living homes. (06:40:21)
Speaker, spoke on problems associated with this sober living home. (06:42:28)
Speaker, spoke in support of approving the SUP for this sober living home.
(06:43:55)
Speaker, spoke in support of approving the SUP for this sober living home.
(06:47:54)
Beth Refakes, Costa Mesa, spoke in support of approving the SUP for this sober
living home. (06:51:10)
Public Hearing Closed
Council Member Righeimer spoke in support of upholding the Planning
Commission's denial of the SUP. (06:55:35)
MOTION/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To uphold the Planning Commission's denial of Special Use Permit
SL -15-0014. (06:55:25)
Mayor Pro Tem Genis spoke in support of reversing the Planning Commission's
denial of the SUP. (06:59:35)
Council Member Stephens spoke in support of reversing the Planning
Commission's denial of the SUP. (07:01:30)
Council Member Mansoor spoke in support of upholding the Planning
Commission's denial of the SUP. (07:04:18)
Mayor Foley spoke in support of reversing the Planning Commission's denial of
the SUP. (07:05:42)
SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Genis/Council Member
Stephens (06:59:12)
SUBSTITUTE MOTION: To reverse the Planning Commission's denial of Special
Use Permit SL -15-0014 and grant the applicant a reasonable accommodation and
approve this application. The resolution will be drafted and adopted at the July 18,
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
MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 17
ACTION:
City Council reversed the Planning Commission's denial of Special Use Permit SL -
15 -0014 and granted the applicant a reasonable accommodation and approved this
application. The resolution will be drafted and adopted at the July 18, 2017 City
Council meeting.
OLD BUSINESS: NONE
Council Member Righeimer was excused from the meeting at 1:16 a.m. and left the
Council Chambers.
NEW BUSINESS:
1. APPOINTMENTS TO VARIOUS COMMITTEES (07:16:12)
Brenda Green, City Clerk, presented the staff report. (07:16:19)
No public comments on this item.
City Council made no appointments to the Access Building Fire and Housing Board
of Appeal. (07:16:19)
Historical Preservation Committee (07:18:30)
City Council liaison — Council Member Mansoor
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis
MOTION: Appoint Joshua Hutchinson for a one-year term.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: Council Member Righeimer
Motion carried: 4-0-1
ACTION:
City Council appointed Joshua Hutchinson to the Historical Preservation
Committee, for a one-year term.
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 18
Housing and Public Service Grants Committee (07:19:07)
City Council liaison — Mayor Pro Tem Genis
MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley
MOTION: Appoint Michael Habitz and Lauren Weiss as regular members and
Richard Rainey as an alternate, all for one-year terms.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: Council Member Righeimer
Motion carried: 4-0-1
ACTION:
City Council appointed Michael Habitz and Lauren Weiss as regular members
and Richard Rainey as an alternate member to the Housing and Public Service
Grants Committee, all for one-year terms.
Traffic Impact Fee Ad Hoc Committee (07:20:14)
City Council liaison — Council Member Mansoor
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis
MOTION: To appoint Derek Givens as small developers' representative, Jason
Kensey and Scott Porterfield as at -large members, and George M.K. Sakioka as
major developers' representative, all for four-year terms.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: Council Member Righeimer
Motion carried: 4-0-1
ACTION:
City Council appointed Derek Givens as small developers' representative, Jason
Kensey and Scott Porterfield as at -large members, and George M.K. Sakioka as
major developers' representative to the Traffic Impact Fee Ad Hoc Committee, all
for four-year terms.
MINUTES -REGULAR MEETING -JUNE 20,2017- PAGE 19
Fairview Park Steering Committee (07:22:00)
City Council liaison — Mayor Pro Tem Genis
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Mansoor
MOTION: To appoint Andy Campbell, Larry Courter, Steve Smith, and Anna
Vrska as regular members and Bill McCarty as an alternate member, all for four-
year terms; Cindy Black, Kim Hendricks and Alex Reich as regular members and
Cynthia McDonald as an alternate member, all for two-year terms.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Nays: None
Absent: Council Member Righeimer
Motion carried: 4-0-1
ACTION:
City Council appointed the following members to the Fairview Park Steering
Committee: Andy Campbell, Larry Courter, Steve Smith, and Anna Vrska as
regular members and Bill McCarty as an alternate member, all for four-year
terms; Cindy Black, Kim Hendricks and Alex Reich as regular members and
Cynthia McDonald as an alternate member, all for two-year terms.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (07:25:16)
Council Member Stephens thanked everyone involved in teleconferencing the meeting.
REPORT — CITY MANAGER (07:25:45) - NONE
REPORT — CITY ATTORNEY (07:25:50) — NONE
ADJOURNMENT (07:25:51) - The Mayor adjourned the meeting at 1:30 a.m.
Minutes adopted on this 5th day of September, 2017.
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MINUTES - REGULAR MEETING - JUNE 20, 2017 - PAGE 20