HomeMy WebLinkAbout09/19/2017 - City Council and Successor Agency - Costa Mesa Financing Authority - Costa Mesa Public Financing AuthorityMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,
COSTA MESA FINANCING AUTHORITY BOARD, COSTA MESA
PUBLIC FINANCING AUTHORITY BOARD, AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY
SEPTEMBER 19, 2017
CALL TO ORDER
The Closed Session was called to order by the Mayor at 4:03 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 Stephens, Mayor Pro Tem
Genis, and Mayor Foley.
Absent: Council Member Righeimer
PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE
The City Council recessed to Conference Room 5A at 4:05 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 - 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 6:15 p.m.
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 1
CALL TO ORDER (00:00:04)
The meeting was called to order by the Mayor at 6:15 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM (00:00:21) The All American Boys Chorus
PLEDGE OF ALLEGIANCE (00:06:59) Mayor Pro Tem Genis
MOMENT OF SOLEMN EXPRESSION (00:07:25)
Pastor Rod Randall, Harbor Trinity Baptist Church
ROLL CALL (00:09:00)
Present: Council Member Mansoor, Council Member Stephens, Mayor Pro Tem
Genis, and Mayor Foley
Absent: Council Member Righeimer
Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant
City Manager Tamara Letourneau, Building Official Issam Shahrouri, Public Services
Director Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:09:16) — NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
Mayor Foley spoke with the membership team regarding procedural matters. (00:09:22)
ANNOUNCEMENTS (00:10:06)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:12:43)
Ned McCune, Costa Mesa, spoke regarding problems with coyotes and reporting of the
data. (00:13:06)
Linda Dean, Costa Mesa, spoke on gaining additional parking spaces on Coolidge
Street. (00:15:53)
Wendy Leece, Costa Mesa, spoke on the Newport -Mesa Unified School District's
hearings regarding redistricting. (00:17:02)
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 2
Bill McCarty, representing the Orange County Earth Stewards, showed photographs of
the cleanup of the Santa Ana River Marsh during the Coastal Cleanup Day. (00:19:34)
Roberta Buchanan, Newport Beach, spoke regarding problems with coyotes and
reporting of the data. (00:22:57)
Frank Chlarson, Costa Mesa, spoke regarding problems with coyotes and reporting of
the data. (00:25:33)
Greg Thunell, Costa Mesa, spoke on the Costa Mesa Voting District Map and Measure
EE. (00:28:18)
Karl Ahlf, Costa Mesa, spoke on Costa Mesa Connect. (00:31:22)
Speaker, spoke against the Small Lot Ordinance. (00:32:28)
Speaker, spoke against the Small Lot Ordinance; and spoke on the animal control
shelter. (00:35:28)
Speaker, spoke against the Small Lot Ordinance. (00:38:29)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:42:50)
Mayor Pro Tem Genis reported on attendance at the California League of Cities
conference in Sacramento; spoke on coyotes; the animal shelter; and an Animal
Services committee. (00:42:55)
Council Member Stephens thanked the All American Boys Chorus; spoke on coyotes;
and the animal shelter. (00:45:58)
Council Member Mansoor requested an update on the Coyote Cacher analysis and
data; and recommended that the following items: the guardrail at Pacific Avenue and
Fairview Park entrance and trails at Fairview Park, be referred to the Fairview Park
Steering committee. (00:47:26)
Mayor Foley requested an update on the animal shelter and Coyote Management;
spoke on the Small Lot Ordinance; and the September 28 Newport -Mesa Unified Board
meeting on districts. (00:49:39)
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 3
CONSENT CALENDAR (00:53:00)
MOVED/SECOND: Council Member Stephens/Mayor Pro Tem Genis
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8
except for 2, 4, 5, 6, 7, and 8.
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
1. READING FOLDER Claims received by the City Clerk: Alberto Alvarez, James
Davis, Kaori Hiravama, Gino Mascia, Robert McDougal, and Michael D. Smith.
ACTION:
City Council received and filed.
3. ACCEPTANCE OF A $150,000 GRANT FROM HOAG MEMORIAL HOSPITAL
PRESBYTERIAN AND ALL ASSOCIATED BUDGET ADJUSTMENTS FOR FY
17/18 AND 18/19
ACTION:
City Council accepted a $150,000 grant from Hoag Memorial Hospital
Presbyterian for the Senior Center Medical Transportation Program (MTP), for
FY 17/18 and the first half of FY 18/19, and authorized a budget adjustment in
the amount of $150,000.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2583 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-16 "A" FOR
$1,3262.54 AND 17-17 FOR $2,307,215.66; AND CITY OPERATING
EXPENSES FOR $2,621,106.06; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID (00:53:41)
Public Comments:
Speaker, spoke on legal fees; and Pinkley Park. (00:53:50)
Public Comments Closed.
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 4
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis
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 approved Warrant Resolution No. 2583.
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AUTHORIZING ACCEPTANCE OF GRANT AWARDS FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) (00:55:41)
Public Comments:
Speaker, spoke against accepting grants. (00:55:47)
Public Comments Closed.
Sgt. Hoferitza clarified the purpose of the police department grants. (00:56:50)
Council Member Mansoor spoke in support of the item. (00:57:36)
MOVED/SECOND: Council Member Mansoor/Council Member Stephens
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:
1. City Council adopted Resolution No. 17-58, which authorizes the execution of
the Grant Agreement with the State of California — Office of Traffic Safety (OTS)
for the Selective Traffic Enforcement Program (STEP) and authorized the Police
Chief to execute the Grant Agreement; and
2. Approved Budget Adjustment #18-007 in the total amount of $290,000 to
increase revenue and appropriation for overtime, professional development and
equipment associated with the 2017 OTS STEP Grant.
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 5
5. STREET REHABILITATION PROJECT, CITY PROJECT NO. 15-05 (00:58:54)
No public comments on this item.
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis
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:
1. City Council accepted the work performed by R.J. Noble Company, 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 19TH STREET BICYCLE TRAIL PROJECT (00:59:03)
Raja Sethuraman, Public Services Director, presented the staff report. (01:00:00)
Public Comments:
Speaker, spoke against accepting grants. (01:06:44)
Karl Ahlf, Costa Mesa, spoke on the need for a bike trail. (01:07:36)
Public Comments Closed.
Mayor Pro Tem Genis spoke on the need for a bike trail. (01:11:00)
Discussion ensued on returning the remaining $125,000 in project funding to the
Capital Improvement Program account. (01:12:30)
Discussion ensued on working with the County and United States Fish & Wildlife
Services; suspending consultant work; and moving forward with the project at
staff level. (01:15:38)
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 6
MOVED/SECOND: Council Member Stephens/Mayor Foley
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:
1. City Council suspended all environmental and design activities by third party
consultants on the West 19th Street Bicycle Trail Project in Talbert Park; and
2. Authorized staff to work with the County of Orange on their Resource
Management Plan for Talbert Nature Preserve.
7. RESOLUTION FOR EXCEPTION TO THE 180 -DAY WAIT PERIOD
PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224, FOR
THE REHIRE OF RETIRED SENIOR COMMUNICATIONS SUPERVISOR
CHERIE PITTINGTON (01:18:21)
No public comments on this item.
MOVED/SECOND: Council Member Mansoor/Mayor Pro Tem Genis
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 adopted Resolution No. 17-59 for exception to the 180 -Day Wait
Period pursuant to Government Code Sections 7522.56 and 21224 to retain the
services of retired Senior Communications Supervisor Cherie Pittington.
8. RESOLUTION AMENDING THE 2017-18 BUDGET TO INCORPORATE A LIST
OF PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT (01:20:11)
Public Comments:
Speaker, spoke on the 23rd Street project. (01:20:23)
Public Comments Closed.
Raja Sethuraman, Public Services Director, spoke on the item. (01:21:35)
MINUTES- REGULAR MEETING - SEPTEMBER 19, 2017- PAGE 7
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens
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:
1. City Council adopted Resolution No. 17-60, amending the Fiscal Year 2017-18
Budget to incorporate a list of projects proposed to be funded with Road
Maintenance and Rehabilitation Account (RMRA) revenues; and
2. Approved Budget Adjustment No.18-009; and
3. Amended the Fiscal Year 2017-18 Capital Improvement Budget to include
revised B-12 forms.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
ITEM #2 WAS CONSIDERED OUT OF ORDER.
2. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC
HEARING OF THE ADOPTION OF THE 2017-2021 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE
COSTA MESA FIREFIGHTERS ASSOCIATION (CMFA)
MOVED/SECOND: Mayor Foley/Council Member Stephens
MOTION: To continue the item to the October 3, 2017 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: Council Member Righeimer
Motion carried: 4-0-1
ACTION:
City Council continued the item to the October 3, 2017 City Council meeting.
MINUTES- REGULAR MEETING - SEPTEMBER 19,2017- PAGE 8
1. 2017 LEASE REVENUE BONDS FOR LIONS PARK PROJECTS AND
REFUNDING OF EXISTING 2007 CERTIFICATES OF PARTICIPATION
(01:23:30)
Tom Hatch, City Manager, spoke on the City receiving AA+ Bond rating.
(01:23:42)
Stephen Dunivent, Interim Finance Director, presented the staff report. (01:25:20)
Anna Sarabian of Fieldman, Rolapp & Associates, provided an overview of the
bonds. (01:28:38)
Mayor Pro Tem Genis spoke on an Audit committee for only the Library project.
(01:36:14)
Public Hearing Opened:
Rich Russell, Costa Mesa, spoke in support of the project. (01:37:16)
Karl Ahlf, Costa Mesa, spoke on the project and public restrooms at Lions Park.
(01:39:59)
Public Hearing Closed.
Mayor Pro Tem Genis spoke on Certificates of Participation; General Obligation
Bonds; and forming an audit committee. (01:43:40)
Mayor Foley spoke in support of the motion. (01:45:58)
MOVED/SECOND: Council Member Stephens/Mayor Foley
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:
1. City Council adopted the City Council Resolution No. 17-61, authorizing the
issuance of the 2017 Lease Revenue Bonds by the Financing Authority,
approving the form of certain documents in connection therewith and
authorizing certain actions in connection therewith; and
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 9
2. Costa Mesa Financing Authority adopted the Financing Authority Resolution
No. FA 17-01, authorizing the issuance of the 2017 Lease Revenue Bonds by
the Financing Authority, approving the form of certain documents in
connection therewith and authorizing certain actions in connection therewith;
and
3. Costa Mesa Public Financing Authority adopted the Public Financing
Authority Resolution No. PFC 17-01, approving the form of certain documents
in connection with the termination of lease documents related to the 2003
Certificates of Participation and 2007 Certificates of Participation, which are
being prepaid.
OLD BUSINESS:
1. SECOND READING OF ORDINANCE NO. 17-12, AN AMENDMENT TO TITLE
13 OF COSTA MESA MUNICIPAL CODE RELATED TO PLANNING AND
SUBDIVISION APPLICATION REVIEW PROCESS TIME LIMITS (01:47:45)
Public Comments:
Speaker, spoke on the development at Wilson and Harbor. (01:48:40)
Public Comments Closed.
Mayor Foley requested an update on the Harbor Boulevard and Wilson site.
(01:50:45)
MOVED/SECOND: Council Member Stephens/Mayor Pro Tem Genis
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 gave second reading and adopted Ordinance 17-12 (Code
Amendment CO -17-05), read by title only, and further reading waived, amending
Title 13 of the Costa Mesa Municipal Code related to time extension of Planning
and Subdivision applications.
MINUTES - REGULAR MEETING - SEPTEMBER 19. 2017 - PAGE 10
2. SECOND READING OF ORDINANCE NO. 17-13 OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA TO ESTABLISH AN EXPEDITED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS IN
ACCORDANCE WITH AB 1236 (01:52:17)
No public comments on this item.
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens
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 gave second reading and adopted Ordinance No. 17-13, read by title
only, and further reading waived, which sets forth an expedited, streamlined
permitting process for electric vehicle charging stations, per the requirements of
Assembly Bill 1236 (2015).
NEW BUSINESS:
1. FIRST READING OF AN ORDINANCE OF THE CITY OF COSTA MESA
AMENDING SECTION 9-190 OF THE MUNICIPAL CODE GOVERNING
ILLEGAL FIREWORKS (01:52:55)
Robert Sharpnack, Police Chief and Greg Scott, Lieutenant, provided the staff
report. (01:53:20)
Public Comments:
Karl Ahlf, Costa Mesa, spoke in support of the item. (01:57:29)
Public Comments Closed.
MOVED/SECOND: Council Member Mansoor/Council Member Stephens
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
MINUTES - REGULAR MEETING - SEPTEMBER 19, 2017 - PAGE 11
ACTION:
City Council introduced and gave first reading to Ordinance 17-14, read by title
only, and further reading waived, amending the City of Costa Mesa Municipal
Code Section 9-190 entitled "Prohibitions; state permit required" regulating the
use of fireworks.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (02:02:20)
Mayor Pro Tem Genis spoke on avoiding cloth upholstered surfaces at the library.
REPORT — CITY MANAGER (02:03:45) - NONE
REPORT — CITY ATTORNEY (02:03:46) - NONE
ADJOURNMENT (02:03:53) - The Mayor adjourned the meeting at 8:18 p.m.
Minutes adopted on this 17th day of October, 2017.
Cy JV
Brenda Green, City Clerk
MINUTES - REGULAR MEETING - SEPTEMBER 19. 2017 - PAGE 12