HomeMy WebLinkAbout12/05/2017 - City Council and Successor AgencyMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
DECEMBER 5, 2017
CALL TO ORDER
The Closed Session was called to order by the Mayor at 4:05 p.m. in the Council
Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Foley (arrived at 4:10 p.m.) Council Member Righeimer
(arrived at 4:10 p.m.) 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 4:06 p.m. for Closed Session to
consider the following items:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Subdivision (b)(1) of Section 54957, California Government Code
Title: City Manager
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Subdivision (b)(1) of Section 54957, California Government Code
Title: City Attorney
3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
INITIATION OF LITIGATION — 2 POTENTIAL CASES
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:01)
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 (00:00:17) The Madrigal Choir, Costa Mesa High School
PLEDGE OF ALLEGIANCE (00:01:47) Mayor Genis
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 1
MOMENT OF SOLEMN EXPRESSION (00:02:09)
Pastor Mike Gibson, Christ Lutheran Church & School
ROLL CALL (00:03:42)
Present: Council Member Foley Council Member Righeimer, Council Member
Stephens, Mayor Pro Mansoor, and Mayor Genis.
Absent: None
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 (00:03:51) - City Council, on a vote of
5-0, authorized the initiation of litigation for one case.
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS: (00:04:41) - "Costa Mesa Minute" was played featuring upcoming
events and activities in the community.
PRESENTATIONS: (00:07:33)
Tony Rackauckas, Orange County District Attorney and Bradley Schoenleben, Deputy
District Attorney, provided a presentation on Human Exploitation and Trafficking
program.
PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA:
Speaker, eulogized Brad Long. (00:41:45)
David Couch, Costa Mesa, spoke on the parkway medians on Adams Avenue.
(00:43:25)
Tim Lewis, spoke on the donation box at his business; and spoke on SOS relocation.
(00:46:36)
Sue Lester, eulogized Brad Long and spoke on a Memorial Service for him; and a
potential scholarship program. (00:48:42)
Reggie Mundekis, spoke on a two-day music festival at the Orange County Fairgrounds
sponsored by Weed Maps pertaining to Cannabis. (00:51:48)
Beth Refakes, Costa Mesa, spoke on the Marine Toy Drive; and eulogized Brad Long
and spoke on a Memorial Service for him. (00:54:00)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 2
Bill McCarty, Costa Mesa, spoke on comments made by Council Member Righeimer.
(00:56:58)
Robin Leffler, Costa Mesa, spoke on comments made by Council Member Righeimer;
and civil public discourse. (00:59:40)
Teresa Drain, Costa Mesa, eulogized Brad Long. (01:01:55)
Speaker, spoke on statistics for vice and prostitution arrests. (01:04:15)
Speaker, eulogized Brad Long; and spoke on a variety of issues. (01:06:41)
Rich Russell, Costa Mesa, spoke on attacking human trafficking; and eulogized Brad
Long. (01:09:52)
Speaker, spoke on code enforcement and civility. (01:13:20)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(01:16:20)
Mayor Genis spoke on running the City Council meeting; Council Policies;
complimented the Public Service department on a bike trail; and adjourning the meeting
in memory of Brad Long. (01:16:41)
Council Member Stephens eulogized Brad Long; spoke on the firefighters fighting the
Santa Paula fire; and a year-end review of the City Council accomplishments in 2017.
(01:18:55)
Council Member Righeimer eulogized Brad Long; spoke on the firefighters and police
fighting the Santa Paula fire; and thanked employees. (01:22:41)
Mayor Pro Tem Mansoor spoke on responding to citizen concerns; requested
consideration of Adams Avenue medians for the next budget; and eulogized Brad Long.
(01:25:22)
Council Member Foley spoke on attending the Travel Costa Mesa Board meeting;
upcoming Washington D.C. trip on sober living home reform; firefighters and police
fighting the Santa Paula fire; Council approved priorities; increased police staffing and
City Hall employees; diversification; branding of City of the Arts; and requested the
following items be added to the January meeting agenda: naming of the council
chambers or community conference room after Brad Long; Mobile Home Park Advisory
Committee Formation; Heroes Hall and Veterans Advisory Committee; naming of new
library or community center after former Mayor Norma Herzog; and update of the
Council Policies. (01:27:47)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 3
CONSENT CALENDAR: 1,01:33:33)
MOVED/SECOND: Council Member Righeimer/Council Member Foley
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6
except for 1 and 6.
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
2. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT
PERMIT NO. PS14-00149 FOR STREET IMPROVEMENTS AT 1259 VICTORIA
STREET, COSTA MESA, CALIFORNIA
Public Services Department/Engineering Division
ACTION:
City Council authorized the refund of cash deposit in connection with
Encroachment Permit No. PS14-00149 in the amount of $15,322.40 to Pinnacle
Residential, 2 Venture, Suite 350, Irvine CA 92618.
3. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT
PERMIT NO. PS15-01016 FOR STREET IMPROVEMENTS AT 2880 MESA
VERDE DRIVE EAST, COSTA MESA, CALIFORNIA
Public Services Department/Engineering Division
ACTION:
City Council authorized the refund of cash deposit in connection with
Encroachment Permit No. PS15-01016 in the amount of $17,707.04 to Pinnacle
Residential, 2 Venture, Suite 350, Irvine CA 92618.
4. FINAL MAP FOR TRACT NO. 18109 LOCATED AT 2850 MESA VERDE
DRIVE EAST, COSTA MESA, CALIFORNIA
Public Services Department/Engineering Division
ACTION:
City Council approved the Final Map for Tract No. 18109 and authorized signing of
the Map by the City Clerk and the City Engineer.
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 4
5. AWARD THE PURCHASE OF THREE (3) NEW 2017/18 BMW R1200 -RT -P
POLICE MOTORCYCLES - Public Services/Maintenance Services Division
ACTION:
City Council approved and authorized the City Manager to execute a purchase
order for three (3) new 2017/18 BMW R1200 -RT -P Police motorcycles from Iry
Seaver Motorcycles, 607 W Katella Avenue, Orange, CA 92867, in the amount of
$81,620.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. WARRANT RESOLUTION NO. 2588 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-22 "A" FOR
$5,565.11; AND 17-23 FOR $2,320,433.49; AND CITY OPERATING
EXPENSES FOR $2,132,910.24; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID (01:34:10) - Finance Department
Public Comments:
Speaker, spoke on cellphone towers and the Edison bill. (01:34:19)
MOVED/SECOND: Council Member Foley/Council Member Righeimer
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. 2588.
6. SECOND AMENDMENT TO THE AGREEMENT WITH CLEANSTREET FOR
STREET SWEEPING SERVICES (01:37:16)
Public Services Department/Maintenance Services Division
Public Comments:
Wendy Leece, Costa Mesa, spoke on signage for street sweeping and cleaning
of the streets. (01:37:22)
Speaker, spoke on certain streets not cleaned. (01:40:08)
Speaker, spoke on certain streets not cleaned. (01:40:52)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 6
Speaker, spoke on posting signs on the streets and spoke in favor of the
increase. (01:42:35)
Flo Martin, Costa Mesa, spoke against the increase. (01:44:33)
Speaker, spoke on street sweeping on Randolph Street and people moving cars.
(01:45:06)
Public Comments Closed.
Mayor Pro Tem Mansoor requested a map of signage; spoke on posting in
certain areas; and a software tracking system. (01:46:10)
Council Member Stephens spoke on vacuuming areas that are not getting swept.
(01:48:20)
Mayor Genis spoke on tracking the speed of the street sweeper. (01:49:40)
Council Member Foley spoke on continuing the item to the next City Council
meeting. (01:52:13)
Council Member Righeimer spoke on GPS tracking and speed. (01:55:47)
Bruce Lindemann, Maintenance Superintendent, addressed the issues.
(01:56:30)
Discussion ensued on the streets swept; speed of the sweeper; tracking areas;
temporary mandatory posting; and a manual clean-up. (01:58:43)
Council Member Foley spoke on the motion. (02:03:24)
Mayor Genis spoke on the scope of work. (02:06:40)
Council Member Righeimer spoke on voting against the motion. (02:08:25)
Mayor Genis spoke on supporting the motion. (02:08:33)
MOVED/SECOND: Council Member Foley/Council Member Stephens
MOTION: To continue the item to the January 2, 2018 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: Council Member Righeimer
Absent: None
Motion carried: 4-1
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 6
ACTION:
City Council approved to continue the item to the January 2, 2018 City Council
meeting.
City Council recessed into a break at 8:10 p.m. (02:09:19)
City Council reconvened at 8:20 p.m. (02:20:00)
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55):
1. AN ORDINANCE AMENDING ARTICLE 1 (SOLID WASTE COLLECTION) OF
CHAPTER IV (GARBAGE, RUBBISH AND WEEDS) OF TITLE 8 (HEALTH AND
SANITATION) OF THE COSTA MESA MUNICIPAL CODE, AND RESOLUTION
ESTABLISHING FEES RELATING TO THE SAME TO MEET NEW STATE
MONITORING AND REPORTING REGULATIONS (02:20:10)
Public Services Department/Administration Division
Amber Haston, Management Analyst and Michael Balliet, Consultant, presented
the staff report. (02:20:45)
Public Hearing Opened:
Speaker, spoke against the bin confiscation and spoke on insurance
requirements. (02:46:05)
Speaker, spoke on commercial dumpsters, infectious waste, and adding detox
homes. (02:49:25)
Speaker, spoke on insurance requirements, bin confiscation and recycling.
(02:51:40)
Sandy Johnson, Costa Mesa, spoke on the issue and regulations. (02:54:45)
Public Hearing Closed.
Council Member Righeimer spoke in support of the item. (02:56:35)
Council Member Stephens spoke on the issue and bin confiscation. (03:01:05)
Deputy City Attorney Tarquin addressed the issues related to bin confiscation on
private properties. (03:02:45)
Discussion ensued on the bin confiscation process. (03:05:35)
Council Member Foley spoke on confiscation and third party hauler. (03:15:18)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 7
Council Member Stephens spoke on eliminating confiscation by private haulers.
(03:17:00)
Council Member Righeimer spoke on the motion. (03:18:16)
Mayor Pro Tem Mansoor spoke on assessing after six months. (03:19:44)
Council Member Foley spoke to not supporting the motion. (03:20:21)
Council Member Stephens spoke on the issue. (03:21:10)
Mayor Genis spoke regarding bin confiscation on public street. (03:21:50)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: Council Member Foley and Council Member Stephens.
Absent: None
Motion carried: 3-2
ACTION:
1. City Council introduced and gave first reading to Ordinance No. 18-01, read by
title only, and further reading waived, amending Article 1 (Solid Waste
Collection) of Chapter IV (Garbage, Rubbish and Weeds) of Title 8 (Health and
Sanitation) of the Costa Mesa Municipal Code and directed staff to modify the
Ordinance and remove language that permitted bin confiscation from private
property; and
2. Adopted Resolution No. 17-77, establishing fees in connection with waste
hauling.
2. REVIEW OF PLANNING APPLICATION PA -17-36 TO ALLOW AN ANIMAL
SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE
COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET (03:23:50)
Development Services Department/Planning Division
Ex Parte Communications: Council Member Stephens spoke with the applicant, 3
property owners on Enterprise, visited the animal shelters in Orange County,
spoke with staff members and volunteers of the OC Humane Society; Mayor
Pro Tem Mansoor toured the OC Humane Society facility; Mayor Genis spoke
informally with volunteers, residents, and the auto business next door; Council
Member Righeimer spoke with the neighbors; and Mayor Foley toured the
facility, met the owner, and spoke with volunteers, residents, and staff.
Mel Lee, Senior Planner, presented the staff report. (03:27:32)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 8
Discussion ensued on the minor medical treatment; County standards; parking
concerns; hours of operation; escrow agreement; applicant's kennel permit;
the facility's location; conditions of approval; and soundproofing. (03:34:40)
Applicant Ramy Eskander spoke on the site and floor plan; and sound mitigation.
(04:00:40)
Public Hearing Opened:
Flo Martin, Costa Mesa, spoke on sound mitigation; and adding greenery and
shade trees in the dog run. (04:08:35)
Anna Vrska, Costa Mesa, spoke against the Conditional Use Permit. (04:11:08)
Speaker, spoke against the CUP. (04:14:19)
Robin Leffler, Costa Mesa, spoke against the CUP. (04:17:28)
Teresa Drain, Costa Mesa, spoke on the facility. (04:18:04)
Beth Refakes, Costa Mesa, spoke on citizens' concerns. (04:19:55)
Speaker, spoke on citizens' concerns. (04:22:03)
Bruce Parsons, a business owner next door, spoke against the CUP. (04:24:56)
Speaker, spoke against the CUP. (04:28:17)
Ralph Taboada, Costa Mesa, spoke against the CUP. (04:32:00)
Speaker, a business owner next door, spoke against the CUP. (04:33:35)
Speaker, spoke against the CUP. (04:36:32)
Public Hearing Closed.
Discussion ensued on the number of parking spots; a program for picking up
the animals; and the adoption process. (04:37:40)
Council Member Foley spoke on the motion. (04:43:40)
Mayor Genis spoke to supporting the motion. (04:45:55)
Council Member Stephens spoke to supporting the motion. (04:48:20)
Mayor Pro Tem Mansoor spoke to supporting the motion. (04:49:12)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 9
Council Member Righeimer spoke against the motion.. (04:49:49)
MOVED/SECOND: Council Member Foley/Council Member Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: Council Member Righeimer
Absent: None
Motion carried: 4-1
ACTION:
City Council reversed the decision of the Planning Commission and denied
Conditional Use Permit PA -17-36 to allow an animal shelter for dogs and cats to be
operated by the Orange County Humane Society (OCHS) at 642 Baker Street.
City Council recessed into a break at 10:52 p.m. (04:51:43)
City Council reconvened at 11:01 p.m. (05:02:55)
OLD BUSINESS:
1. HARBOR BOULEVARD MEDIAN ENHANCEMENT PROJECT (05:02:57)
Public Services Department/Transportation Services Division
Jennifer Rosales, Transportation Manager, presented the staff report. (05:03:49)
Council Member Mansoor requested to use a variety of colors on the landscape
pallet. (05:10:12)
Landscape Design Consultant Marjaneh Afkhami spoke on public artwork in the
medians. (05:11:11)
Council Member Foley spoke on concerns regarding landscape pallet. (05:12:57)
Discussion ensued on maintenance; and deadline for the project. (05:14:04)
Public Comments:
Speaker, praised staff; and spoke on the project. (05:17:40)
Beth Refakes, Costa Mesa, spoke on the project; and against art in the
medians. (05:19:02)
Ralph Taboada, Costa Mesa, spoke on the cost of the project. (05:21:35)
Robin Leffler, Costa Mesa, spoke on the cost of the project. (05:24:20)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 10
Speaker, spoke in support of the project. (05:27:14)
Speaker, business owner, spoke against the project. (05:29:50)
Teresa Drain, Costa Mesa, spoke on various concerns regarding the project.
(05:32:38)
Rich Russell, Costa Mesa, spoke in support of the project. (05:34:40)
Public Comments Closed.
Council Member Righeimer spoke in support of the project. (05:36:25)
Public Services Director Raja Sethuraman spoke on the full cost of the project.
(05:38:00)
MOVED/SECOND: Council Member Righeimer/Council Member Foley
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 the conceptual layout of the proposed Harbor Boulevard
Median Improvement Project and authorized staff to complete the design and
proceed to advertise the project for construction.
NEW BUSINESS:
1. ANIMAL SHELTER SERVICES (05:40:39) — Police Department
Lt. Victor Bakkila and Captain Mark Manley presented the staff report. (05:40:42)
Discussion ensued on the part-time general aide positions; contract amount;
appeal process; and WAGS. (05:49:27)
City Manager Tom Hatch spoke on collaborative efforts with other cities; and
spoke on Third Chance program. (05:56:17)
Discussion ensued on Third Chance program; highly adoptable animals; a
temporary solution; an option for facility location; and a diligent inspection
program. (05:58:38)
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 11
MOVED/SECOND: Council Member Foley/Mayor Pro Tem Mansoor
MOTION: To continue the meeting past midnight.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: Council Member Righeimer
Absent: None
Motion carried: 4-1
ACTION:
City Council approved to continue the meeting past midnight.
Mayor Genis spoke on improvements at OCHS; unclaimed animals; and the
collection of fees. (06:10:21)
Animal Control Officer Anna Rodriguez addressed the collection of fees.
(06:14:18)
Public Comments:
Flo Martin, Costa Mesa, spoke against the contract. (06:19:29)
Speaker, spoke against the contract. (06:22:57)
Speaker, spoke on the need for a shelter in Costa Mesa. (06:25:57)
Public Comments Closed.
Council Member Stephens spoke on the motion. (06:27:59)
Council Member Righeimer spoke to not supporting the motion. (06:31:45)
Council Member Righeimer made a substitute motion to proceed with the six-
month extension with a six-month notice. The motion died due to lack of a
second. (06:34:35)
Council Member Stephens spoke on a temporary bridge solution. (06:38:50)
MOVED/SECOND: Council Member Stephens/Mayor Genis
MOTION: To continue the item to the January 16, 2018 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: Council Member Righeimer
Absent: None
Motion carried: 4-1
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 12
ACTION:
City Council approved to continue the item to the January 16, 2018 City Council
meeting.
2. RELEASE OF CONFIDENTIAL MEMORANDUM (06:44:00)
Office of the City Council
Mayor Pro Tem Mansoor spoke on the issue. (06:44:45)
Council Member Stephens spoke on the issue. (06:47:27)
Council Member Righeimer spoke on the issue. (06:50:00)
Public Comments:
Robin Leffler, Costa Mesa, spoke on maintaining attorney-client privilege.
(06:50:52)
Speaker, spoke on maintaining attorney-client privilege. (06:52:03)
MOVED/SECOND: Council Member Stephens/Council Member Foley
MOTION: To receive and file.
MOVED/SECOND: Mayor Pro Tem Mansoor/Council Member Righeimer
SUBSTITUTE MOTION: To disclose the memorandum to a specified City
employee without waiving the privilege.
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 to disclose the memorandum to a specified City employee
without waiving the privilege.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (06:57:08) - NONE
REPORT — CITY MANAGER - NONE
REPORT — CITY ATTORNEY - NONE
ADJOURNMENT (06:57:30) - The Mayor adjourned the meeting at 12:58 a.m. in
memory of Brad Long.
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 13
Minutes adopted on this 16th day of January, 2018.
Sandra L. Genis, Mayor
ATTEST:
6(pik G
Brenda Green, City Clerk
MINUTES —Costa Mesa City Council Regular Meeting — DECEMBER 5, 2017 — PAGE 14