HomeMy WebLinkAbout10/03/2017 - City Council and Successor AgencyMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OCTOBER 3, 2017
CALL TO ORDER
The Special Closed Session was called to order by the Mayor at 4:07 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
Killington, Vermont.
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 CLOSED SESSION ITEMS — NONE
The City Council recessed to Conference Room 5A at 4:12 p.m. for Special 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.
MINUTES -SPECIAL MEETING -OCTOBER 3,2017- PAGE 1
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Yellowstone Women's First Step House, Inc., and Sober Living
Network, Inc. v. City of Costa Mesa, U.S. District Court, Central District of
California, Case No. SACV14-01852 JVS.
The City Council reconvened at 6:01 p.m.
CALL TO ORDER (00:00:10)
The meeting was called to order by the Mayor at 6:01 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:29) Council Member Righeimer
MOMENT OF SOLEMN EXPRESSION (00:00:47)
Pastor Mike Decker, Palm Harvest Church
ROLL CALL (00:03:17)
City Clerk Green stated that Council Member Stephens will participate remotely from
Killington, Vermont.
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens via teleconference, 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 Director Barry Curtis, Public
Services Director Raja Sethuraman, and City Clerk Brenda Green.
Council Member Stephens made a statement as to compliance with the Brown Act and
reported that no members of the public were in attendance. (00:04:08)
CITY ATTORNEY CLOSED SESSION REPORT (00:04:19) - NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — Mayor
Foley met with Ms. Letourneau and the president of the Costa Mesa Firefighters
Association for clarification on phrases in the contract. (00:04:26)
ANNOUNCEMENTS (00:04:50)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
MINUTES -SPECIAL MEETING -OCTOBER 3, 2017 -PAGE 2
PRESENTATIONS (00:07:40)
Christine Tsao, Accounting Supervisor, was recognized by the City Council for receiving
the City Manager's Leadership Award for the month of September.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA (00:11:40)
Flo Martin, Costa Mesa, inquired on the status of the Placentia Traffic Calming project.
(00:12:13)
Jay Humphrey, Costa Mesa, spoke on the green living wall at the Buick Dealership on
Merrimac and Harbor. (00:15:57)
Dara Hendricks, Costa Mesa, representing the Fairview Park Pacific Avenue Residents
Alliance, spoke on the Fairview Park entrance and turnaround. (00:19:34)
Beth Refakes, Costa Mesa, expressed concerns on the following: airport noise,
landscape maintenance, and 55 freeway construction; and spoke about the progress on
the fire station. (00:22:56)
Teresa Drain, Costa Mesa, thanked the 1977 High School Class for gathering blankets
for the veterans. (00:25:36)
Tom Walker, Costa Mesa, spoke in support of the Small Lot Ordinance. (00:27:17)
Speaker, requested a moratorium on the Small Lot Ordinance. (00:29:24)
Speaker, requested a moratorium on the Small Lot Ordinance; and spoke on sober
living homes. (00:32:22)
Speaker, representing the Fairview Park Pacific Avenue Residents Alliance, spoke
regarding maintenance issues on Pacific Avenue. (00:35:24)
Speaker, Costa Mesa, spoke about the increase in crime; dynamics in the City; and
homelessness. (00:37:22)
Speaker, Costa Mesa, spoke on sober living home issues. (00:40:39)
Jordan Stickland, Costa Mesa, thanked the City Council for the extra police patrols on
Pacific Avenue; and spoke regarding maintenance issues on Pacific Avenue. (00:43:53)
MINUTES -SPECIAL MEETING -OCTOBER 3, 2017 -PAGE 3
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Stephens via teleconference - requested citizens contact him with
concerns; reported on visiting the Humane Society; and spoke on the meeting with
Council Member Mansoor regarding alternative public restrooms. (00:47:59)
Council Member Righeimer spoke on the Pacific Avenue issues; homeless issues; and
the Huntington Beach Air Show. (00:50:32)
Council Member Mansoor reported on visiting the Humane Society; attendance at the
Sanitary District and Water District liaison meeting; spoke on the Huntington Beach Air
Show; Pacific Avenue issues and consideration by the Fairview Park Committee;
requested a study session on taping public debates; spoke on the Coyote Cacher
reporting website and coyote issues. (00:54:53)
Mayor Foley thanked the Chamber of Commerce for hosting the State of the City event;
reported on the liaison to Travel Costa Mesa Board meeting and spoke on a Culinary
Arts event in 2018; requested an airport noise meeting; spoke on the Small Lot
Ordinance study session; and maintenance issues on Pacific Avenue. (01:00:02)
Mayor Pro Tem Genis reported on attendance at the Traffic Impact Fee Ad Hoc
committee meeting; spoke on airplane noise; Buick dealership issues; homeless issues;
Hepatitis issues; October Breast Cancer Awareness month; and the Pacific Avenue
turnaround and maintenance issues. (01:04:31)
CONSENT CALENDAR: (01:10:04)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 4
except for 2.
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: Cuauhtemoc Colin, Nancy Cox, Cheryl
Giacomino, Shakrzad Kayvan, and Michael Schaffer.
ACTION:
City Council received and filed.
MINUTES -SPECIAL MEETING -OCTOBER 3, 2017 -PAGE 4
3. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY MEETING OF SEPTEMBER 5, 2017 -
ACTION:
City Council approved the minutes of September 5, 2017.
4. AWARD CONTRACT FOR INTERSECTION SAFETY LIGHTING PROJECT —
CITY PROJECT NO. 17-15
ACTION:
1. City Council adopted the plans, specifications, and working details for the
Intersection Safety Lighting Project, City Project No. 17-15; and
2. Approved Budget Adjustment No. 18-010; and
3. Awarded a construction contract to Express Energy Services, 10610 Humbolt
Street, Los Alamitos, CA 90720, in the amount of $308,095.49; and
4. Authorized the City Manager to execute the Public Works Agreement.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2584 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-17 "A" FOR $546.74;
17-18 FOR $2,268,534.34; 17-18 "A" FOR $-1,239.69; AND 17-19 FOR
$2,301,688.25; AND CITY OPERATING EXPENSES FOR $2,879,433.35; AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
(01:11:03)
Public Comments:
Speaker, spoke on Jones & Mayer billing and sober living issues. (01:11:07)
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. 2584.
MINUTES -SPECIAL MEETING -OCTOBER 3, 2017 -PAGE 5
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:13:08)
1. CODE AMENDMENT CO -16-04A — AMENDMENT TO ARTICLE 1
(RESIDENTIAL DISTRICTS) OF CHAPTER 5 (DEVELOPMENT STANDARDS)
OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA
MESA MUNICIPAL CODE REGARDING ACCESSORY STRUCTURES
Willa Bouwens-Killeen, Zoning Administrator, presented the staff report.
(01:13:35)
Discussion ensued on the height of the accessory structures and setbacks.
(01:16:18)
Public Hearing Opened:
Speaker, spoke against 8 -foot sheds. (01:25:36)
Public Hearing Closed.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: To receive and file.
SUBSTITUTE MOTION/SECOND: Mayor Foley/Council Member Stephens
SUBSTITUTE MOTION: To approve the recommended action of adopting
Zoning Code Amendment CO -16-04A.
Mayor Foley spoke on the issue. (01:28:31)
Mayor Pro Tem Genis spoke to supporting the original motion. (01:30:31)
Council Member Righeimer spoke to supporting the original motion. (01:34:49)
Mayor Foley withdrew the substitute motion. (01:35:49)
ORIGINAL MOTION/SECOND: Council Member Righeimer/Mayor Pro Tem
Genis
ORIGINAL MOTION: To receive and file.
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 received and filed.
MINUTES -SPECIAL MEETING -OCTOBER 3, 2017 -PAGE 6
ITEM #2 WAS WITHDRAWN FROM THE AGENDA AND NOT CONSIDERED.
2. CODE AMENDMENT CO -16-04B — AMENDMENT TO ARTICLE 3 (SIGN
REGULATIONS) OF CHAPTER VIII (SIGNS) OF TITLE 13 (PLANNING,
ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE
REGARDING NON-COMMERCIAL BANNERS
3. 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) (01:38:00)
Peter Brown, Chief Negotiator from Liebert Cassidy Whitmore, presented the
staff report. (01:38:17)
Discussion ensued on pension costs; health insurance; the normal cost and the
unfunded liability. (01:44:55)
Public Hearing Opened:
Flo Martin, Costa Mesa, spoke in support of the contract. (01:52:55)
Ralph Taboada, Costa Mesa, expressed financial concerns on the contract.
(01:53:57)
Rich Russell, Costa Mesa, expressed financial concerns on the contract; and
spoke on campaign contributions. (01:57:04)
Wendy Leece, Costa Mesa, spoke in support of the contract; spoke on the
finances; and a 115 trust. (01:59:57)
Speaker, spoke on campaign contributions; and in support of the contract.
(02:02:53)
Public Hearing Closed.
Council Member Righeimer spoke on the issue. (02:04:47)
Council Member Mansoor spoke on the issue. (02:08:20)
Mayor Pro Tem Genis spoke on the issue. (02:12:42)
Council Member Stephens spoke on the issue. (02:16:45)
Mayor Foley spoke on the issue. (02:20:38)
MINUTES - SPECIAL MEETING - OCTOBER 3, 2017 - PAGE 7
MOVED/SECOND: Mayor Foley/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 held the first public hearing regarding the proposed 2017-2021
Memorandum of Understanding between the City of Costa Mesa and the Costa
Mesa Firefighters Association and scheduled the second public hearing for October
17, 2017 as required by COIN.
Old Business Item #1 was considered next.
OLD BUSINESS:
1. SECOND READING OF ORDINANCE NO. 17-14 OF THE CITY OF COSTA
MESA AMENDING SECTION 9-190 OF THE MUNICIPAL CODE GOVERNING
ILLEGAL FIREWORKS (02:45:50)
Lt. Greg Scott, provided the staff report. (02:46:55)
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:
City Council gave second reading and adopted Ordinance No. 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.
The City Council recessed into a break at 8:50 p.m.
The City Council reconvened at 8:58 p.m.
MINUTES -SPECIAL MEETING -OCTOBER 3, 2017 -PAGE 8
The City Council resumed the meeting in order with Public Hearing Item #4.
PUBLIC HEARINGS:
4. CONDITIONAL USE PERMITS PA -16-41 AND PA -16-44 TO OPERATE A
SOBER LIVING FACILITY SERVING 28 WOMEN, INCLUDING AN APPEAL
OF DENIAL OF REASONABLE ACCOMMODATION FOR A LAND USE
REQUIREMENT, AT 269 AND 271 16TH PLACE (02:57:03)
Sheri Vander Dussen, Interim Assistant Director Community Improvement,
presented the staff report. (02:57:48)
Discussion ensued on the size of group homes; and a single housekeeping unit.
(03:09:59)
Steven G. Polin, Attorney representing Melissa Goodmon, the owner of Casa
Capri, spoke on the letter submitted to the City Council regarding the requested
accommodation for a single housekeeping unit. (03:21:14)
Ms. Goodmon spoke on the facility. (03:41:17)
Public Hearing Opened:
Speaker, Newport Heights, spoke in opposition to the Conditional Use Permits
(CUPs). (03:50:56)
Veronica Parker, Clinical Director for Casa Capri, spoke in support of the CUPs.
(03:54:09)
Speaker, Costa Mesa, spoke in opposition to the CUPs. (03:56:13)
Stephanie Burchard, Costa Mesa, works at Casa Capri, spoke in support of the
CUPs. (03:58:47)
Speaker, Newport Heights, spoke in opposition to the CUPs. (03:59:52)
Jamie Armstrong, Costa Mesa, works at Casa Capri, spoke in support of the
CUPs. (04:02:39)
Joe Paluma, Costa Mesa, spoke in opposition to high density. (04:04:52)
Speaker, former resident of Casa Capri, spoke in support of the CUPs.
(04:06:11)
Speaker, Costa Mesa, spoke in opposition to the CUPs. (04:07:51)
MINUTES - SPECIAL MEETING - OCTOBER 3, 2017 - PAGE 9
Shayla Lynn, former resident of Casa Capri, spoke in support of the CUPs.
(04:10:54)
Speaker, Costa Mesa, spoke in opposition to the CUPs. (04:13:08)
Speaker, Costa Mesa, former resident of Casa Capri, spoke in support of the
CUPs. (04:17:04)
Jay Humphrey, Costa Mesa, spoke in opposition to the CUPs. (04:20:13)
Speaker, former resident of Casa Capri, spoke in support of the CUPs.
(04:23:13)
Speaker, Costa Mesa, spoke in opposition to the CUPs. (04:25:54)
Speaker, works at Casa Capri, spoke in support of the CUPs. (04:27:27)
Speaker, Costa Mesa, spoke in opposition to the CUPs. (04:28:35)
Laura Hagan, Costa Mesa, works at Casa Capri, spoke in support of the CUPs.
(04:31:24)
Speaker, Costa Mesa, spoke in opposition to the CUPs. (04:32:43)
Ms. Goodmon responded to the issues addressed by the public. (04:35:12)
Discussion ensued on resident curfews; onsite meetings; parking for vans; and
balancing concentration. (04:36:05)
Discussion ensued on the findings for denial of the Planning Commission
Resolution No. PC -16-60. (04:50:25)
Public Hearing Closed.
Mayor Pro Tem Genis spoke on the issue. (05:04:06)
Mayor Foley spoke on the motion. (05:06:34)
Council Member Mansoor spoke on the motion. (05:11:49)
MINUTES -SPECIAL MEETING -OCTOBER 3,2017- PAGE 10
MOVED/SECOND: Mayor Foley/Council Member Righeimer
MOTION: To adopt Resolution No. 17-62, upholding the Director's denial of the
request for reasonable accommodation and denying Conditional Use Permit PA -
16 -41 to allow a sober living facility serving up to 14 women at 269 16th Place.
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 Resolution No. 17-62, upholding the Director's denial of
the request for reasonable accommodation and denying Conditional Use
Permit PA -16-41 to allow a sober living facility serving up to 14 women at 269
16th Place.
MOVED/SECOND: Mayor Foley/Council Member Righeimer
MOTION: To adopt Resolution No. 17-63, upholding the Director's denial of the
request for reasonable accommodation and denying Conditional Use Permit PA -
16 -44 to allow a sober living facility serving up to 14 women at 271 16th Place.
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:
2. City Council adopted Resolution No. 17-63, upholding the Director's denial of
the request for reasonable accommodation and denying Conditional Use
Permit PA -16-44 to allow a sober living facility serving up to 14 women at 271
16th Place.
NEW BUSINESS: NONE
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (05:15:08)
Mayor Foley thanked her brother for his 21 years of service in the Army.
REPORT — CITY MANAGER - NONE
REPORT — CITY ATTORNEY - NONE
MINUTES -SPECIAL MEETING -OCTOBER 3,2017- PAGE 11
ADJOURNMENT -The Mayor adjourned the meeting at 11:17 p.m. in memory of the 59
victims of the Las Vegas shooting.
Minutes adopted on this 7u, day of November, 2017.
Sandra L. Genis, Mayor Pro e
ATTEST:
MINUTES - SPECIAL MEETING - OCTOBER 3, 2017 - PAGE 12