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Home My WebLink About11/21/2017 - City Council and Successor AgencyMINUTES OF THE REGULAR MEETING OIF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY NOVEMBER 21, 2017 CALL TO ORDER The Special Closed Session was called to order by the Mayor at 5:03 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Absent: None PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS — NONE The City Council recessed to Conference Room 5A at 5:04 p.m. for Special Closed Session to consider the following items: 1. PUBLIC EMPLOYMENT, REQUEST FOR SPECIAL LEAVE OF ABSENCE Pursuant to Subdivision (b)(1) of Section 54957, California Government Code 2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION INITIATION OF LITIGATION — 1 POTENTIAL CASE Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code The City Council reconvened at 6:05 p.m. CALL TO ORDER (00:00:13) The meeting was called to order by the Mayor at 6:05 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:00:34) Council Member Foley MOMENT OF SOLEMN EXPRESSION (00:00:50) — Mayor Genis ROLL CALL (00:01:24) Present: Council Member Foley Council Member Righeimer, Council Member Stephens, Mayor Pro Mansoor, and Mayor Genis. Absent: None MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 1 Officials Present: City Manager Tom Hatch, Deputy City Attorney Tarquin. Preziosi, Assistant City Manager Tamara Letourneau, Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:01:38) — NONE COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE ANNOUNCEMENTS (00:02:02) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:04:37) 1. Mr. Andrew Nelson from Red Oak Investments made a presentation on the Shepard Fairey mural installation and presented the City Council with a print of the mural that will be displayed at City Hall. (00:04:48) 2. City of Costa Mesa Open Budget — City Manager Hatch spoke on Open Budget Costa Mesa, the new web based program and showed a video of how the system works. Interim Finance Director spoke on the system and thanked the staff involved in the process. (00:20:10) PUBLIC COMMENTS (00:33:03) Bill McCarty, Costa Mesa, spoke in support of Council Member Foley. (00:33:30) Steven Chan, Costa Mesa, spoke on rescinding the six voting districts; campaign finance reform; and the Holiday club. (00:34:53) Tom Pollitt, Costa Mesa, spoke on the unfunded pension liability; Police Mobile Command Center; and the budget. (00:38:26) Flo Martin, Costa Mesa, spoke on attending City Council meetings and respect. (00:40:35) Reggie Mundekis, Orange, spoke on the Orange County Fairgrounds issues. (00:42:59) Charles Mooney, Costa Mesa, spoke in support of Council Member Foley. (00:45:24) Anna Vrska, Costa Mesa, spoke on rescinding the six voting districts; the Fairgrounds Master Plan; inquired on the status of the City Attorney performance evaluation and an ethics policy; and the Vanguard University property. (00:45:50) Sylvia Hatton, Costa Mesa, spoke in support of Council Member Foley. (00:48:57) MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 2 _lay Humphrey, Costa Mesa, spoke on rescinding the six voting districts; and the activities at the OC Fairgrounds. (00:49:30) Liz McNabb, Costa Mesa, spoke in support of Council Member Foley. (00:52:35) Karl Ahlf, Costa Mesa, spoke in support of Council Member Foley. (00:54:11) Speaker, spoke on representation; and rescinding the six voting districts. (00:55:33) Beth Refakes, Costa Mesa, spoke on behalf of the Military Affairs committee and the toy drive and thanked the citizen who makes Christmas cards for the veterans and the active military. (00:58:02) Sue Lester, spoke on City Council issues, transparency, and treating people fairly. (01:00:17) Susan Meyer, Costa Mesa, spoke in support of Council Member Foley. (01:03:31) Speaker, spoke on a variety of issues. (01:04:19) Robin Leffler, Costa Mesa, spoke on rescinding the six districts; and spoke on civility on the dais and chambers; and requested a moratorium on the Small Lot Ordinance and overlays. (01:06:46) Barrie Fisher, Costa Mesa, spoke on reporting group home issues and nuisances. (01:08:50) Mary Ellen Goddard, Costa Mesa, spoke on City Council issues and the reorganization. (01:12:07) Speaker, spoke on the City Council reorganization; and the Harbor Medians project. (01:14:10) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (01:18:14) Council Member Foley spoke on Sober Living Home issues, reporting nuisances, and the Association of California Cities Orange County (ACCOC) contingent going to Washington D.C. to lobby on the issue; provided an update on the Pacific Avenue and Fairview Park issues; reported on her attendance at the MET grand opening; requested an update on street improvement plans; and thanked everyone for the kind comments. (01:18:31) Mayor Genis spoke on Sober Living Home issues and pursuing nuisance laws; requested an update on changing Measure EE; spoke on OC Fairgrounds issues; and City web page translated to other languages. (01:23:40) MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 3 Council Memher Stephens thanked Council Member Foley, staff, the MET, LA Times building, City of the Arts, and the first responders. (01:26:38) Council Member Righeimer spoke on the City Council reorganization; and the City Manager Form of Government. (01:29:48) Mayor Pro Tem Mansoor spoke on airport issues and a possibility of a joint noise study with Huntington Beach; a possibility of a consultant; and sending a letter to Jet Blue regarding the noise. (01:35:11) Council Member Foley left the Council Chambers at 7:41 p.m. and returned at 7:44 p.m. CONSENT CALENDAR (01:37:22) MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 5 except for 2 and 4. The motion carried by the following roll call vote: Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor, and Mayor Genis. Nays: None Absent: Council Member Foley Motion carried: 4-0-1 1 C 5. READING FOLDER - Claims received by the City Clerk: Sydney Gielow, Kip Hancock and Jayne Kacer. ACTION: City Council received and filed. MEASURE M2 EXPENDITURE REPORT ACTION: City Council adopted Resolution No. 17-74, approving the Measure M2 Expenditure Report. MESA VERDE MEDIAN LANDSCAPE AND IRRIGATION IMPROVEMENTS PROJECT - CITY PROJECT NO. 16-19 (01:43:00) Public Comments: Speaker, spoke on the project. (01:43:04) ACTION: 1. City Council accepted the work performed by KASA Construction, Inc. and authorized the City Clerk to file the Notice of Completion; and MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 4 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. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. WARRANT RESOLUTION NO. 2587 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-21 "A" FOR $76.88; AND 17-22 FOR $2,348,508.46; AND CITY OPERATING EXPENSES FOR $2,390,718.67; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:37:55) Public Comments: Speaker, requested Council Member Righeimer to recuse himself from voting on the item. (01:38:14) Public Comments Closed. Council Member Righeimer spoke on not recusing himself from the item. (01:41:30) MOVED/SECOND: Mayor Pro Tem Mansoor/Mayor Genis The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor, and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved Warrant Resolution No. 2587. 4. WEST BAY STREET IMPROVEMENTS PROJECT- CITY PROJECT NO. 17-06 (CDBG) (01:41:59) No public comments on the item. MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor, and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 5 ACTION: 1. City Council accepted the work performed by Copp Contracting, 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. PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:44:45) 1. EXTENSION OF URGENCY ORDINANCE NO. 17-04 TO ADOPT CODE AMENDMENT CO -16-06 AMENDING AND RENAMING ARTICLE 20 (MARIJUANA AND/OR MEDICAL MARIJUANA USES AND ACTIVITIES) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT), SECTIONS 13-200.84, 13-200.86 AND 13- 200.87, RELATING TO CULTIVATION OF MARIJUANA AND CERTAIN MARIJUANA RELATED USES (01:44:50) Barry Curtis, Economic and Development Services Director, presented the staff report. (01:45:37) Discussion ensued on the public nuisance per se clause. (01:47:58) Public Hearing Opened: Jay Humphrey, Costa Mesa, spoke on marijuana activities at the OC Fairgrounds. (01:50:55) Speaker, spoke on illegal marijuana dispensaries. (01:52:50) Speaker, spoke on illegal marijuana dispensaries in Costa Mesa. (01:55:00) Karl Ahlf, Costa Mesa, spoke on the issue. (01:55:59) Public Hearing Closed. Council Member Righeimer spoke on bringing back a report for City Council consideration to add adult use wording to the ordinance. (01:47:58) Discussion ensued on State Regulations and Measure X; and bringing back the item to a future City Council meeting. (02:01:45) MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 6 MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor MOTION: Introduce and adopt Ordinance No. 17-16, to be read by title only and further reading waived, extending Urgency Ordinance No. 17-04 and with the following revised language to the ordinance: "and will remain a public nuisance per se unless and until such use and/or activity is allowed by an ordinance of the City" and approved the Report of the City Council regarding the extension thereof. The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor, and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council introduced and adopted Ordinance No. 17-16, read by title only and further reading waived, extending Urgency Ordinance No. 17-04 and with the following revised language to the ordinance: "and will remain a public nuisance per se unless and until such use and/or activity is allowed by an ordinance of the City" and approved the Report of the City Council regarding the extension thereof. 2. PUBLIC HEARING FOR THE VACATION OF A PORTION OF SIDEWALK AND LANDSCAPE EASEMENT AT 585 AND 595 ANTON BOULEVARD (02:05:47) Raja Sethuraman, Public Services Director, presented the staff report. (02:05:59) Public Hearing Opened: Robin Leffler, Costa Mesa, spoke on compensation. (02:08:10) Public Hearing Closed. MOVED/SECOND: Council Member Foley/Mayor Pro Tem Mansoor The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor, and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted Resolution No. 17-75, ordering the vacation of a portion of Sidewalk and Landscape Easement at 585 and 595 Anton Boulevard; and 2. Authorized execution of the Quitclaim Deed by the Mayor and the City Clerk. MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 7 3. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM (02:09:39) Jennifer Rosales, Transportation Services Manager, presented the staff report. (02:10:08) Council Member Stephens requested clarification regarding incentives on new developments and data on incentives. (02:13:50) Discussion ensued on the incentive program. (02:14:34) Public Hearing Opened: Robin Leffler, Costa Mesa, spoke on not allowing blanket exemptions to small businesses. (02:22:20) Public Hearing Closed. MOVED/SECOND: Council Member Righeimer/Mayor Genis The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor, and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council adopted Resolution No. 17-76 and approved the recommendations by the Traffic Impact Fee Ad Hoc Committee and staff as follows: 1. Continue the current traffic impact fee of $181 per Average Daily Trip (ADT); and 2. Continue the incentive program for new developments by assessing traffic impact fees on an incremental basis for the first 100 trips; and 3. Approve the annual accounting of the Citywide Traffic Impact Fee Program. OLD BUSINESS: NONE NEW BUSINESS: NONE ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (02:23:32) Council Member Righeimer spoke on having six districts and a directly elected mayor. (02:23:36) MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 8 Council Member Foley spoke on an e-mail to City Manager Hatch; working with staff; City Council; and serving. (02:26:40) Mayor Genis spoke on vacant City positions and vacation allowances for new employees. (02:29:07) Council Member Stephens and Council Member Foley left the Council Chambers at 8:36 p.m. (02:30:44) REPORT — CITY MANAGER (02:32:16) - NONE REPORT — CITY ATTORNEY (02:32:23) - NONE ADJOURNMENT (02:32:26) - The Mayor adjourned the meeting at 8:37 p.m. Minutes adopted on this 2nd day of January, 2018. 1� s Sandra L. Genis, Mayor ATTEST: Brenda Green, City Clerk MINUTES — Costa Mesa City Council Regular Meeting — November 21, 2017 — PAGE 9