HomeMy WebLinkAbout03 - CC-3 - Minutes - 8/2/2016UNOFFICIAL UNTIL APPROVED
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, HOUSING
AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
July 5, 2016
CALL TO ORDER
The Closed Session meeting was called to order by the Mayor at 5:00 p.m. in the Council
Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Council Member Foley, Council Member Genis,
Council Member Monahan, Mayor Pro Tem Righeimer
and Mayor Mensinger
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Speaker, spoke on Closed Session items; transparency and the Kennedy Commission
lawsuit.
CLOSED SESSION
The City Council recessed into Closed Session at 5:04 p.m. to consider the following
items:
1. Conference with legal counsel regarding existing litigation: The Kennedy
Commission, et al vs. City of Costa Mesa, Superior Court of California, County of
Orange, Case No. 30-2016-00832585-CU-WM-CJC, pursuant to California
Government Code Section 54956.9(d)(1).
2. Conference with legal counsel regarding existing litigation: Solid Landings
Behavioral Health, Inc., a California corporation; Sure Haven, a California
corporation; and Rock Solid Recovery, a California corporation v. City of Costa
Mesa; Orange County Superior Court Case No. 30-2015-00815218-CU-WM-CJC,
pursuant to California Government Code Section 54956.9(d)(1).
3. Conference with legal counsel regarding anticipated litigation, significant exposure
to litigation pursuant to California Government Code Section 54956.9(d)(2) for 1
potential case.
The City Council reconvened at 5:53 p.m.
CALL TO ORDER (00:00:23)
Minutes — Regular Meeting — July 5, 2016 - Page 1
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The meeting was called to order by the Mayor at 5:53 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:36) — Council Member Foley
MOMENT OF SOLEMN EXPRESSION (00:00:54)
Pastor Phil Eyskens, The Lighthouse Church, Costa Mesa
ROLL CALL (00:02:30)
Present: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Absent: None
Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte,
Assistant Chief Executive Officer Rick Francis, Assistant Chief Executive Officer Tamara
Letourneau, Economic and Development Services Director Gary Armstrong,
Transportation Services Manager Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
NONE (00:02:42)
Deputy City Attorney Tarquin Preziosi reported on Closed Session item number 2 on
which the City Council on a vote of 5-0, approved a settlement agreement on the City's
remaining cross-complaint against John Morehart and Lisa Cervantes. (00:03:10)
ANNOUNCEMENTS (00:03:58)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS: (00:06:32)
Mayor's Award — Michael Howard, Founder — Operation Clean State
Michael Howard, Founder of Operation Clean State, accepted the Mayor's award.
PUBLIC COMMENTS (00:15:30)
Speaker, spoke on transparency; attendance at a water study group meeting; and an
encounter with the Mayor. (00:16:31)
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Speaker, spoke on leadership and respect. (00:19:20)
Karl Ahlf, Costa Mesa, spoke on problems with fireworks. (00:22:12)
Chuck Perry, Costa Mesa, spoke on the 100th birthday of Virginia Townsend and the
Mayor's visit with her; spoke on street improvements; and requested a study on 20th
Street and Newport Boulevard. (00:24:22)
Beth Refakes, Costa Mesa, spoke on the Military Affairs Team attendance at the change
of command ceremony; the banner program; requested a report on fireworks; and
wished Claire Flynn success. (00:27:42)
T. Koken, Costa Mesa, spoke on illegal fireworks. (00:30:16)
J. Perler, Costa Mesa, spoke on the adopted Environmental Impact Report. (00:32:23)
Wendy Leece, Costa Mesa, spoke on public speakers at Council meetings and decorum.
(00:34:37)
Cindy Brenneman, Costa Mesa, spoke on the Waves of Valor program for Veterans; and
problems with fireworks. (00:37:45)
Speaker, spoke on the will of citizens and citizen initiatives. (00:40:25)
Robin Leffler, Costa Mesa, spoke on participatory government; and past election voting
results. (00:42:12)
Public Comments Closed
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (00:45:15)
Council Member Foley spoke on the Smart Camp; the Economic Development Plan; an
issue with promotional fair tickets; requested a report on consultant fees for the
Environmental Impact Report; and praised Claire Flynn for her service. (00:45:17)
Council Member Genis spoke on reclaimed water and the Zika virus; re-examining rates
for reimbursement from the O.C. Fair; and public comments from the last City Council
meeting. (00:49:01)
Council Member Monahan spoke in support of fireworks; and walking the neighborhoods
and meeting residents in the community. (00:52:05)
Mayor Pro Tem Righeimer spoke on representation and the democratic process;
problems at motels; and the unfunded pension liability. (00:53:17)
Minutes — Regular Meeting — July 5, 2016 - Page 3
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Mayor Mensinger spoke on the 100' birthday of Victoria Townsend; spoke on public
comments; thanked the Fire and Police Chiefs for their efforts on the 4t" of July holiday;
and spoke on people taking pictures of his house. (00:59:09)
City Council recessed into a break at 7:01 p.m. (01:07:00)
City Council reconvened at 7:06 p.m. (01:12:50)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) — (01:13:16)
CEO Hatch provided an update on the fireworks report; addressed Council comments on
the Smart Camp, the Economic Development Plan, the promotional fair tickets issue, and
a report on consultant fees for the Environmental Impact Report; praised Claire Flynn for
her service; and spoke on recycled water.
CONSENT CALENDAR (01:16:44)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer (01:16:55)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor
Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
CONSENT CALENDAR:
1. READING FOLDER
a. Claims received by the City Clerk: Keith Raffel and Avery Troutman
ACTION:
City Council received and filed.
2. WARRANT RESOLUTION NO. 2560 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 16-12 "A" FOR $-655.96 and 16-13 for
$2,142,892.41; AND CITY OPERATING EXPENSES FOR $2,645,351.37; AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
ACTION:
City Council approved Warrant Resolution No. 2560.
Minutes — Regular Meeting — July 5, 2016 - Page 4
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3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF JUNE 21,
2016 AND SPECIAL CLOSED SESSION AND SPECIAL MEETING OF JUNE
14, 2016
ACTION:
City Council approved the minutes of June 21, 2016 and June 14, 2016.
4. IMPROVEMENT AT THREE BUS STOPS, PROJECT NO. 15-11
ACTION:
1. City Council accepted work performed by Unique Performance Construction,
Inc. and authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Materials Bond seven (7) months after the
filing date; release of the Faithful Performance Bond six (6) months after the
filing date and release of the retention monies 35 days after the Notice of
Completion filing date.
5. NOTICE OF INTENT FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT
671-673 W. 17TH STREET AT TWO LOCATIONS: W. 17TH STREET AND
SUPERIOR AVENUE
ACTION:
1. City Council set a public hearing on August 2, 2016 for the vacation of a
portion of West 17th Street and Superior Avenue Right -Of -Way (ROW); and
2. Adopted Resolution No. 16-58 of Intent to vacate a portion of West 17th Street
and Superior Avenue Right -Of -Way (ROW).
6. HARBOR BOULEVARD IMPROVEMENTS FROM SOUTH COAST DRIVE TO
SUNFLOWER AVENUE, CITY PROJECT NO. 14-07
ACTION:
1. City Council approved Contract Change Order No. 4 in the amount of
$19,898.00; and
2. Approved Budget Adjustment Authorization NO.17-002 in the amount of
$19,898.00; and
3. Accepted the work performed by All American Asphalt and authorized the City
Clerk to file the Notice of Completion; and
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4. Authorized release of the Faithful Performance Bond (1) year after the filing
date; and release of the retention monies 35 days after the Notice of
Completion filing date.
7. CONTRACT AMENDMENT — WEST COAST ARBORISTS, INC.
ACTION:
1. City Council approved and authorized the Chief Executive Officer to execute
Amendment #2 to the professional services agreement with West Coast
Arborists, Inc. to increase by 1.5%, based on the Consumer Price Index, the
annual amount of the contract by $7,050 and the unit pricing schedule for
urban forest maintenance tasks; and
2. Authorized the Chief Executive Officer to approve the one (1) year time
extensions per the terms and conditions of the existing agreement, upon
mutual agreement of both parties.
8. VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES
ACTION:
1. City Council approved and authorized the Chief Executive Officer and the City
Clerk to execute a three (3) year service agreement for the vehicle lighting and
equipment installation services with Stommel Inc. dba. LEHR, 1370 North
McCain Street, Anaheim, CA 92806, effective July 6, 2016 through July 5,
2019, in an amount not to exceed $150,000 annually; and
2. Authorized the Chief Executive Officer to renew the agreement for two (2)
additional one year terms, upon mutual agreement of both parties.
9. TRAFFIC MANAGEMENT SERVICES AGREEMENT WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION
ACTION:
City Council approved the 2016 contract for traffic management services between
the Costa Mesa Police Department and the 32nd District Agricultural Association
for the Orange County Fair and authorized the Chief Executive Officer, or his
designee, to sign the contract. The term of the agreement is July 15, 2016,
through August 14, 2016, and the maximum amount not to exceed $365,000.
Minutes — Regular Meeting — July 5, 2016 - Page 6
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10. PARTICIPATION IN THE COUNTY OF ORANGE, COUNTYWIDE PUBLIC
MASS NOTIFICATION SYSTEM — ALERT OC
ACTION:
1. City Council approved the City's continued participation in the County of
Orange, Countywide Public Mass Notification System — AlertOC; and
2. Authorized the Chief Executive Officer (CEO) or his designee to sign the
Memorandum of Understanding (MOU) between the County of Orange and
Participants for use of the countywide mass notification system.
11. PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTANTS
ACTION:
1. City Council approved the Professional Services Agreement with Kimley-Horn,
not to exceed $199,000; and
2. Authorized the City Chief Executive Officer to sign Amendment One with
Kimley-Horn and Associates.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:17:05)
1. CODE AMENDMENT CO -16-01 — AMENDMENT TO TITLE 13, CHAPTER VIII,
ARTICLES 2, 6 & 6.5, POLITICAL CAMPAIGN SIGNS AND PORTABLE SIGNS
WITHIN PUBLIC RIGHT-OF-WAY AND TABLE 13-115 OF THE COSTA MESA
MUNICIPAL CODE (01:17:11)
Staff report by Willa Bouwens-Killeen, Zoning Administrator. (01:18:30)
Public Comments: (01:23:00)
Wendy Leece, Costa Mesa, spoke in support of having political signs placed in the
public -right-of-way four weeks before an election instead of six weeks. (01:23:22)
Karl Ahlf, expressed support for the ordinance. (01:23:56)
Greg Ridge, Costa Mesa, spoke on problems with political signs and properly
enforcing regulations. (01:25:34)
Public Comments Closed
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Zoning Administrator Bouwens-Killeen explained signage allowed on
properties. (01:26:30)
Discussion ensued on the maximum 3 foot height requirement and commercial
signs on private property. (01:27:02)
Mayor Pro Tem Righeimer spoke on signs placed in the public -right-of-way.
(01:34:18)
MOTION: To approve the recommended action with an amendment to the
ordinance to increase the maximum height of non-commercial portable signs on
private property from 3 foot height above grade to 5 foot height above grade.
(01:35:15)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
Council Member Foley spoke on freedom of expression; and banners on private
property and residential zones. (01:35:30)
Discussion ensued on increasing the maximum height of non-commercial signs on
private property to 6 feet. (01:38:58)
AMENDMENT TO ORIGINAL MOTION: To approve the recommended action
with an amendment to the ordinance to increase the maximum height of non-
commercial portable signs on private property from 3 foot height above grade to 6
foot height above grade and to allow banners in the residential zones. (01:39:20)
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council conducted the Public Hearing and gave first reading to Ordinance 16-
04 to adopt Code Amendment CO -16-01 amending Costa Mesa Municipal Code
Title 13 Chapter VIII, Signs; with an amendment to the ordinance to increase the
maximum height of non-commercial portable signs on private property from 3 foot
height above grade to 6 foot height above grade and to allow banners in the
residential zones.
Minutes — Regular Meeting — July 5, 2016 - Page 8
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2. DISTRICT ELECTIONS MAPPING PROCESS — VOTING DISTRICTS
FORMATION (01:39:47)
Staff report by Rick Francis, Assistant CEO. (01:40:12)
Yesenia Arias representative from Arellano Associates, provided a presentation
on the public engagement program. (01:44:35)
David Ely from Compass Demographics, provided a presentation on voting district
formation, including data on geography; demographics; voter participation; public
input; and reviewed the four map proposals. (01:56:20)
Discussion ensued on the number of attendees at community meetings.
(02:06:00)
Public Comments: (02:11:30)
Speaker, spoke in support of five districts and is opposed to six districts with a
Mayor elected at -large. (02:12:27)
T. Koken, Costa Mesa, spoke in support of proposal number four with seven
districts and proposal number one with five districts. (02:13:55)
Speaker, spoke in support of proposal number one. (02:14:57)
Joanne Perler, spoke in opposition to a proposal with six districts with a Mayor
elected at -large; rescheduling the second public hearing to July 12th; and
supports the Fairview Park area be split into two districts. (02:17:39)
Speaker, spoke on not diluting the Latino vote. (02:20:32)
Robin Leffler, requested clarification on data and on the measure if it does
not pass. (02:22:11)
Linda DeChlarra, Costa Mesa, spoke on district area four and expressed support
for voting district formation. (02:23:48)
Beth Refakes, Costa Mesa, spoke in opposition to six districts; and spoke on
rescheduling the second public hearing date. (02:26:33)
Wendy Leece, Costa Mesa, spoke on rescheduling the second public hearing
date; and suggested the City Council consider a two year residency requirement
for individuals interested in running for office in their district. (02:28:11)
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Keturah Kennedy, Costa Mesa, expressed support for district based elections and
supports proposal number one with five districts. (02:30:44)
Greg Ridge, Costa Mesa, spoke on the data for district four; and spoke in support
of proposal number four with seven districts. (02:32:07)
Ryan Gamo, Costa Mesa, expressed support for voting districts and supports
proposal number one with five districts. (02:35:02)
Sarah Goodman, Costa Mesa, spoke in support of proposal number one or
number two, both containing five districts. (02:37:44)
Karl Ahlf, Costa Mesa, spoke on the item and the associated costs. (02:38:21)
Juana Trejo, Costa Mesa, spoke in support of district formation and having a
Latino representation. (02:41:26)
Daniel Bravo, Costa Mesa, spoke in support of having districts; in support of
proposal number one with five districts; and spoke on rescheduling the public
hearing to July 12t". (02:45:04)
Public Comments Closed
MOTION: To proceed with proposal number three, containing six districts, with a
Mayor elected at -large to serve a two year term, with a maximum of two
consecutive terms. (02:48:08)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
Mayor Pro Tem Righeimer spoke in support of proposal number three with six
districts and a Mayor elected at -large; and on the College Park area. (02:49:00)
SUBSTITUTE MOTION: To proceed with proposal number one with five districts.
(02:55:23)
MOVED/SECOND: Council Member Foley/Council Member Genis
Council Member Foley spoke on having a diverse population and building
consensus. (02:53:38)
Council Member Genis spoke on the proposal with seven districts; and splitting
the College Park area. (02:56:50)
Council Member Monahan spoke in support of having a directly elected Mayor
voted by the people. (02:57:42)
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Mayor Mensinger spoke on representation throughout areas in the community.
(03:02:05)
Council Member Foley spoke on having a mandatory rotation for the position of
Mayor; and expressed support for proposal number one with five districts.
(03:03:22)
SUBSTITUTE MOTION: To proceed with proposal number one. (02:55:23)
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion failed by the following roll call vote: (03:04:50)
Ayes: Council Member Foley and Council Member Genis
Nays: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Absent: None
Motion failed: 2-3
ORIGINAL MOTION: To proceed with proposal number three containing six
districts with a Mayor elected at -large to serve a two year term, with a maximum of
two consecutive terms. (02:48:08)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote: (03:08:55)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
1. City Council directed staff to proceed with map proposal number three
containing six districts with a Mayor elected at -large to serve a two year term,
with a maximum of two consecutive terms.
City Council recessed into a break at 9:02 p.m. (03:09:05)
City Council reconvened at 9:12 p.m. (03:18:40)
Council Member Foley requested outreach notifications be sent through schools.
(03:21:15)
Council Member Genis requested clarification on the Brown Act regarding
proposal number three and a directly elected Mayor. (03:22:06)
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MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (03:22:25)
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer and Mayor Mensinger
Nays: Council Member Foley
Absent: None
Motion carried: 4-1
ACTION:
2. City Council scheduled the third and final public hearing at a Special City
Council meeting on July 12, 2016 for City Council to select a map (Proposal
number three with six districts and a Mayor elected at -large, two-year term,
maximum of two consecutive terms) to include on the November 8, 2016
ballot, asking voters to decide whether to approve voting district elections as
defined by the selected map.
OLD BUSINESS:
1. CONSIDERATION OF A CITY INITIATIVE ORDINANCE REGARDING
MEDICAL MARIJUANA BUSINESSES (03:22:32)
Staff report by Tarquin Preziosi, Deputy City Attorney. (03:22:55)
Discussion ensued on not including dispensaries in the ordinance; how the state
measure will affect the proposed ordinance if it passes in November; Moon Park
area; and state licensing changes. (03:26:25)
Public Comments: (03:43:04)
Wendy Leece, spoke in support of having one medical marijuana clinic in the city;
and spoke in opposition to the proposed measure. (03:43:26)
Christopher Kim, California Cannabis Industry Association, spoke on recreational
and medical marijuana uses. (03:45:09)
T. Koken, Costa Mesa, sang a song. (03:47:54)
Karl Ahlf, Costa Mesa, spoke in support of the measure. (03:48:55)
Greg Ridge, Costa Mesa, spoke on the need for a broader comprehensive
measure. (03:52:01)
Joanne Perler, Costa Mesa, spoke in opposition to the measure. (03:54:46)
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Robert Taft, Costa Mesa, spoke in support of the measure. (03:57:50)
Randall Longwith, spoke on state licensing and state law for medical marijuana
uses; and in support of the proposed measure. (04:00:18)
Speaker, spoke on the locations affected by the ordinance. (04:03:50)
Public Comments Closed
Mayor Pro Tem Righeimer spoke on the creation of the measure. (04:06:00)
Discussion ensued on including definitions; notification to property owners;
and increasing the minimum age to 21 to work at a medical marijuana facility.
(04:16:35)
Council Member Monahan spoke in support of the ordinance. (04:24:00)
MOTION: To approve the proposed initiative ordinance entitled, "The City of Costa
Mesa Medical Marijuana Measure" relating to medical marijuana manufacturing,
testing and related uses within certain areas of the City including amendments to
the ordinance as follows: to make the revisions suggested by staff, including to
remove the word dispensing from Section 2 of the Initiative, section 13-200.91(a)
and to include a sentence to read, "Except that any future change or amendment
to this ordinance related to dispensaries and/or cultivation or specific areas in the
city where medical marijuana businesses may be located shall require a vote of
the people" in Section 8 of the Initiative, Future Changes; and to amend the
definitions "distributor", "distribution", "manufacturer", "manufacturing site",
"research and development laboratory" and "testing laboratory" in Section 2 of the
Initiative, section 9-485, as set forth in the staff report; increase the age of 18 to 21
in section 9-495(g)(9); and to revise section 13-200.91 of the Zoning Code to
prohibit the medical marijuana uses set forth in the ordinance from being located
within 500 feet from Moon Park. (04:27:55)
MOVED/SECOND: Mayor Mensinger/Council Member Monahan
The motion carried by the following roll call vote: (04:29:41)
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
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ACTION:
1. City Council approved the proposed initiative ordinance entitled, "The City of
Costa Mesa Medical Marijuana Measure" relating to medical marijuana
manufacturing, testing and related uses within certain areas of the City
including amendments to the ordinance as follows: to make the revisions
suggested by staff, including to remove the word dispensing from Section 2 of
the Initiative, section 13-200.91(a) and to include a sentence to read, "Except
that any future change or amendment to this ordinance related to dispensaries
and/or cultivation or specific areas in the city where medical marijuana
businesses may be located shall require a vote of the people" in Section 8 of
the Initiative, Future Changes; and to amend the definitions "distributor",
"distribution", "manufacturer", "manufacturing site", "research and development
laboratory" and "testing laboratory" in Section 2 of the Initiative, section 9-485,
as set forth in the staff report; increase the age of 18 to 21 in section 9-
495(g)(9); and to revise section 13-200.91 of the Zoning Code to prohibit the
medical marijuana uses set forth in the ordinance from being located within
500 feet from Moon Park.
MOTION: To approve recommended item numbers 2a and 2b adopting the
resolutions to place the measure on the November 8, 2016 ballot.
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (04:29:45)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer and Mayor Mensinger
Nays: Council Member Foley
Absent: None
Motion carried: 4-1
ACTION:
2. City Council adopted the following resolutions:
a. Resolution 2016-51: Calling and giving notice for the holding of a General
Municipal election to be held on November 8, 2016 for the submission to
the voters of a proposed ordinance entitled, "The City of Costa Mesa
Medical Marijuana Measure"; and
b. Resolution 2016-52: Requesting the Orange County Board of Supervisors
to Consolidate a General Municipal election to be held on November 8,
2016, for the purpose of submitting to the voters of the City of Costa Mesa
a question relating to the adoption of a proposed ordinance entitled, "The
City of Costa Mesa Medical Marijuana Measure".
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MOTION: To approve recommended item number 2c and authorize Mayor Pro
Tem Righeimer to write the argument in favor of the proposed ordinance.
(04:30:45)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (04:31:47)
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
2. City Council adopted the following resolution:
c. Resolution 2016-53: Authorizing written arguments for or against the
proposed ordinance "The City of Costa Mesa Medical Marijuana Measure",
setting priorities for filing written arguments, authorizing Mayor Pro Tem
Righeimer to write the argument in favor of the proposed measure, and
directing the City Attorney to prepare an impartial analysis.
MOTION: To approve recommended action number 2d authorizing the filing of a
Notice of Exemption pursuant to the provisions California Environmental Quality
Act. (04:31:55)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (04:32:02)
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
2. City Council adopted the following resolution:
d. Resolution 2016-54: Authorizing the filing of a Notice of Exemption
pursuant to the provisions California Environmental Quality Act.
MOTION: Direct staff to prepare three informational mailers. (04:32:16)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote: (04:32:29)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
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ACTION:
3. City Council approved three informational mailers.
2. ELECTION CODE SECTION 9212 REPORT ON "AN INITIATIVE REQUIRING
CHANGES IN USE AT FAIRVIEW PARK BE SUBJECT TO VOTER
APPROVAL", CONSIDER PLACING THE INITIATIVE ON THE NOVEMBER 8,
2016 BALLOT; AND PROVIDE DIRECTION ON AN ALTERNATIVE MEASURE
Staff report by Yolanda Summerhill, Deputy City Attorney.
Public Comments: (04:39:29)
Speaker, spoke in support of the initiative. (04:40:02)
T. Koken, Costa Mesa, spoke in support of the initiative. (04:42:20)
Jay Humphrey, Costa Mesa, spoke in support of the initiative; and in opposition to
a competing measure. (04:42:20)
Wendy Leece, Costa Mesa, spoke in support of the initiative; and in
opposition to a competing measure. (04:46:05)
MOTION: To receive the Elections Code Section 9212 report regarding the
initiative. (04:48:28)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote: (04:50:53)
Ayes: Council Member Foley, Council Member Monahan, Mayor Pro Tem
Righeimer and Mayor Mensinger
Nays: Council Member Genis
Absent: None
Motion carried: 4-1
ACTION:
1. City Council received the Elections Code Section 9212 report regarding the
initiative.
MOTION: To approve recommended item numbers 2a and 2b adopting the
resolutions to place the measure on the November 8, 2016 ballot. (04:51:10)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
(04:51:55)
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The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
2. City Council adopted the following resolutions:
a. Resolution 2016-41: Calling and giving notice for the holding of a General
Municipal election to be held on November 8, 2016 for the submission to
the voters of a proposed ordinance entitled, "An Initiative Requiring
Changes in use at Fairview Park Be Subject to Voter Approval"; and
b. Resolution 2016-42: Requesting the Orange County Board of Supervisors
to Consolidate a General Municipal election to be held on November 8,
2016, for the purpose of submitting to the voters of the City of Costa Mesa
a question relating to the adoption of a proposed ordinance entitled, An
Initiative Requiring Changes in use at Fairview Park Be Subject to Voter
Approval".
MOTION: To approve recommended action number 2c and authorize Mayor Pro
Tem Righeimer in conjunction with Mayor Mensinger to write an argument against
the proposed measure. (04:53:05)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote: (04:53:25)
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer and Mayor Mensinger
Nays: Council Member Foley
Absent: None
Motion carried: 4-1
ACTION:
2. City Council adopted the following resolution:
c. Resolution 2016-43: Authorizing written arguments for or against the
proposed ordinance "An Initiative Requiring Changes in use at Fairview
Park Be Subject to Voter Approval", setting priorities for filing written
arguments, authorizing Mayor Pro Tem Righeimer in conjunction with
Mayor Mensinger to write an argument against the proposed measure, and
directing the City Attorney to prepare an impartial analysis.
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Mayor Pro Tem Righeimer spoke on the need for an alternative measure.
(04:54:40)
Council Member Genis spoke on the history of Fairview Park. (04:58:28)
Council Member Foley spoke on Section 6 of the ordinance regarding exceptions
to changes at Fairview Park; and spoke on maintaining the park natural and
passive. (05:08:28)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (04:54:18)
The motion carried by the following roll call vote: (05:10:02)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
3. City Council provided special counsel with direction to prepare an alternative
measure to be placed on the November 8, 2016 ballot prohibiting athletic
fields at Fairview Park without a vote of the people.
3. PROPOSED CITY COUNCIL SPONSORED MEASURE ADDRESSING FUTURE
DEVELOPMENT AND DEVELOPMENT -FUNDED OPEN SPACE AND
RECREATION (05:10:25)
Staff report by Patrick Munoz, Special Counsel. (05:10:35)
Discussion ensued on the development impact fee and the single subject rule
requirement for measures. (05:13:20)
Public Comments: (05:20:05)
Wendy Leece, Costa Mesa, spoke in opposition to a competing measure.
(05:20:25)
Beth Refakes, Costa Mesa, expressed concern with the composition of the Open
Space and Recreational Advisory Committee representatives and suggested
representation from each district if the city will have district voting. (05:21:29)
Speaker, spoke in opposition to a competing measure. (05:23:53)
Cynthia McDonald, Costa Mesa, spoke in opposition to a competing measure.
(05:25:40)
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Robin Leffler, Costa Mesa, spoke in opposition to a competing measure.
(05:28:50)
MOTION: To approve the proposed Council initiated ballot measure (the
"Measure") that would directly compete with the Initiative for Voter Approval on
Certain Development Projects (the "Initiative") with amendments to the ordinance
as follows: For Section 3 and 4 to reflect Exhibit "A" and "B" instead of "B" and "C";
for the second sentence in Section 5 to read, "The Fee shall be applicable to all
new development located both north of the 405 freeway and west of Fairview
Drive."; to include at the end of Section 3, a sentence to read, "The City's General
Plan approved by the City Council on June 21, 2016 specifically designates not
less than 25 percent or approximately 25.6 of the 102.6 total acres of the Fairview
Developmental Center site as either passive or recreational open space; any
change to this designation shall require a vote of the people."; and to include at
the beginning of Section 7, a sentence to read, "Except as otherwise provided
herein, any future changes or amendments to this ordinance, if approved,
including any future changes or amendments to the General Plan, Specific
Plan(s), Overlay Plan(s), or Municipal Code provisions affected by the Measure,
may occur in the manner set forth in State law and the City's Municipal Code, and
shall not require a vote of the people". (05:31:30)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (05:42:30)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
City Council approved the proposed Council initiated ballot measure (the
"Measure") that would directly compete with the Initiative for Voter Approval on
Certain Development Projects (the "Initiative") with amendments to the ordinance
as follows: For Section 3 and 4 to reflect Exhibit "A" and "B" instead of "B" and "C";
for the second sentence in Section 5 to read, "The Fee shall be applicable to all
new development located both north of the 405 freeway and west of Fairview
Drive."; to include at the end of Section 3, a sentence to read, "The City's General
Plan approved by the City Council on June 21, 2016 specifically designates not
less than 25 percent or approximately 25.6 of the 102.6 total acres of the Fairview
Developmental Center site as either passive or recreational open space; any
change to this designation shall require a vote of the people."; and to include at
the beginning of Section 7, a sentence to read, "Except as otherwise provided
herein, any future changes or amendments to this ordinance, if approved,
including any future changes or amendments to the General Plan, Specific
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Plan(s), Overlay Plan(s), or Municipal Code provisions affected by the Measure,
may occur in the manner set forth in State law and the City's Municipal Code, and
shall not require a vote of the people".
MOTION: To approve recommended item numbers 2a and 2b adopting the
resolutions to place the measure on the November 8, 2016 ballot. (05:42:39)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote: (05:42:45)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
2. City Council adopted the following resolutions:
a. Resolution 2016-55: Calling and giving notice for the holding of a General
Municipal election to be held on November 8, 2016 for the submission to
the voters of a City Council sponsored proposition for the enactment of an
ordinance, which will be referred to as the "Measure for Sensible
Community Development and Development -Funded Open Space and
Recreation," entitled:
A resolution of the City Council of the City of Costa Mesa, California,
ordering, and giving notice of the submission to the voters of a proposition
for the enactment of an ordinance relating to future Development and
Development -Funded Open Space and Recreation at the November 8,
2016 consolidated regular election; and
b. Resolution 2016-56: Requesting the Orange County Board of Supervisors
to Consolidate a General Municipal election to be held on November 8,
2016, for the purpose of submitting to the voters of the City of Costa Mesa
a question relating to the adoption of a proposed ordinance referred to as
the "Measure for Sensible Community Development and Development -
Funded Open Space and Recreation."
MOTION: To approve recommended action number 2c and authorize Mayor Pro
Tem Righeimer in conjunction with any other interested Council Member to write
an argument in favor of the proposed measure and authorize Council Member
Genis and Council Member Foley to write an argument against the proposed
measure. (05:43:00)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote: (05:44:20)
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
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Nays: None
Absent: None
Motion carried: 5-0
ACTION:
2. City Council adopted the following resolution:
c. Resolution 2016-57: Authorizing written arguments for or against the
proposed ordinance referred to as the "Measure for Sensible Community
Development and Development -Funded Open Space and Recreation,
setting priorities for filing written arguments, authorizing Mayor Pro Tem
Righeimer in conjunction with any other interested Council Member to write
an argument in favor of the proposed measure and authorize Council
Member Genis and Council Member Foley to write an argument against the
proposed measure, and directing the City Attorney to prepare an impartial
analysis.
MOTION: Direct staff to prepare three informational mailers. (05:44:25)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (05:44:50)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor
Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
3. City Council approved three informational mailers.
Council Member Monahan left the Chambers at 11:38 p.m. (05:44:30)
NEW BUSINESS: (05:45:07)
1. GENERAL PLAN SCREENING GPS -16-03 FOR THE EMULEX PROPERTY AT
3333 SUSAN STREET (05:45:10)
Ex -Parte Communication report:
Mayor Pro Tem Righeimer communicated with individuals from Steelwave LLC,
including Don Lamm. (05:45:35)
Mayor Mensinger communicated with Don Lamm, representative of Steelwave
LLC. (05:45:40)
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Staff report by Mel Lee, Senior Planner. (05:46:20)
Don Lamm, representative of Steelwave LLC, spoke on the project. (05:49:30)
Discussion ensued on the reasons the item was not included in the recent
General Plan amendment. (05:51:30)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on the addition of trips into the area; and
expressed concerns with parking. (05:55:43)
Public Comments Closed
Mayor Pro Tem Righeimer spoke on the plan, on the parking; and the need to
have two reciprocal accesses to the LA Times building. (05:59:20)
Discussion ensued on the amendment to the agreement; and the trip analysis.
(06:02:20)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Foley (06:05:52)
The motion carried by the following roll call vote: (06:06:57)
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem Righeimer
and Mayor Mensinger
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
City Council accepted the General Plan amendment screening request for
processing to amend the land use designation from Industrial Park (IP) to
Commercial Center (CC) related to development of the 14.25 acre Emulex
property at 3333 Susan Street.
ITEMS REMOVED FROM THE CONSENT CALENDAR - NONE
REPORT — CITY ATTORNEY — NONE
ADJOURNMENT - The Mayor adjourned the meeting at 12:01 a.m.
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Minutes adopted on this 2nd day of August, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
Brenda Green, City Clerk
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MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY
COUNCIL CITY OF COSTA MESA
July 12, 2016
The City Council of the City of Costa Mesa, California met in a Special Closed
Session, on Tuesday, July 12, 2016 at 6:30 p.m. in Council Chambers, 77 Fair Drive,
Costa Mesa.
Mayor Mensinger called the meeting to order.
ROLL CALL:
Council Members Present: Council Member Foley
Council Member Genis
Council Member Monahan
Mayor Pro Tem Righeimer
Mayor Mensinger
Council Members Absent: None
PUBLIC COMMENTS: NONE
The meeting was recessed to Conference Room 5A for the special closed session at
6:31 p.m.
CLOSED SESSION
1. Conference with legal counsel regarding existing litigation: 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, pursuant to
California Government Code Section 54956.9(d)(4).
2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Costa Mesa Firefighters Association (CMFA),
pursuant to California Government Code Section 54957.6.
CLOSED SESSION REPORT - NONE
ADJOURNMENT
The special closed session meeting adjourned at 7:20 p.m.
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Minutes adopted on this 2nd day of August, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
Brenda Green, City Clerk
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MINUTES OF THE SPECIAL MEETING OF THE COSTA MESA CITY COUNCIL
July 12, 2016
CALL TO ORDER (00:00:07)
The meeting was called to order by the Mayor at 7:35 p.m. at Costa Mesa City Hall,
Council Chambers, 77 Fair Drive, Costa Mesa, California.
ROLL CALL (00:00:10)
Present: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger.
Absent: None
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas
Duarte, Assistant CEO Rick Francis, Assistant CEO/Administrative Services Director
Tamara Letourneau; Economic and Development Services Director Gary Armstrong,
Interim Public Services Director Jim Ross, Interim Finance Director Steve Dunivent and
City Clerk Brenda Green.
PUBLIC HEARING: (00:00:20)
1. VOTING DISTRICTS FORMATION (00:00:23)
Staff report by Kimberly Hall Barlow, Special Counsel. (00:00:46)
Public Comments: (00:04:44)
Robert Taft, Costa Mesa, spoke in support of six districts and a directly elected
Mayor. (00:04:47)
Chuck Perry, Costa Mesa, spoke in support of six districts and a directly elected
Mayor. (00:10:54)
Mike Vargas, Costa Mesa, spoke in support of six districts and a directly elected
Mayor. (00:12:14)
Barrie Fisher, Costa Mesa, spoke in support of six districts and a directly elected
Mayor. (00:13:50)
Joanne Perler, Costa Mesa, spoke in opposition to six districts and a directly elected
Mayor. (00:16:28)
T. Koken, Costa Mesa, spoke in opposition to six districts and a directly elected
Mayor. (00:19:24)
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Jay Humphrey, Costa Mesa, spoke in support of five districts.
Speaker, spoke in support of six districts and a directly elected Mayor. (00:23:00)
Bill Harader, Costa Mesa, spoke in opposition to six districts and a directly elected
Mayor. (00:24:31)
Krissie Bogner, Costa Mesa, spoke in opposition to districting and dividing the
community. (00:26:49)
Allan Mansoor, Costa Mesa, spoke in support of six districts and a directly elected
Mayor. (00:29:57)
John Stephens, Costa Mesa, spoke in support of five districts. (00:31:43)
Cynthia McDonald, Costa Mesa, spoke in support of five districts. (00:34:41)
Gay Royer, Costa Mesa, spoke in support of five districts. (00:36:21)
Karl Ahlf, Costa Mesa, spoke in support of five districts. (00:39:05)
Speaker, spoke in support of five districts. (00:40:08)
Keturah Kennedy, Costa Mesa, spoke in support of five districts. (00:43:13)
Speaker, spoke in opposition to six districts. (00:45:33)
Corinne Stover, Costa Mesa, spoke in support of five districts. (00:47:36)
Sarah Goodman, spoke in support of five districts. (00:50:38)
Speaker, spoke in support of five districts. (00:52:45)
Dave Goodman, Costa Mesa, spoke in support of five districts. (00:54:51)
Alex Reich, Costa Mesa, spoke in support of five districts. (00:57:41)
Joshua Martinez, Costa Mesa, spoke in support of six districts and a directly elected
Mayor. (01:00:17)
Janet Lee Krochman, Costa Mesa, spoke in support of six districts and a directly
elected Mayor. (01:03:24)
Linda DeChlarra, Costa Mesa, spoke on districting. (01:06:25)
Wendy Leece, Costa Mesa, spoke in support of five districts. (01:09:27)
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Speaker, spoke in support of five districts. (01:12:31)
Cindy Brenneman, Costa Mesa, spoke in support of five districts. (01:14:57)
Effy Sanchez, Costa Mesa, spoke in support of five districts. (01:17:40)
Concepcion Gonzalez, Costa Mesa, spoke in support of five districts. (01:18:41)
Dianne Russell, Costa Mesa, spoke in support of five districts. (01:22:00)
Sue Lester, Costa Mesa, spoke in support of five districts. (01:23:56)
Rich Russell, Costa Mesa, spoke in support of six districts with a directly elected
Mayor. (01:26:53)
Robin Leffler, Costa Mesa, spoke in support of five districts. (01:29:52)
Public Comments Closed
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan (01:33:02)
Mayor Pro Tem Righeimer spoke in support of the motion. (01:33:20)
Council Member Genis spoke in opposition to the motion. (01:45:00)
Council Member Foley spoke in opposition to the motion. (01:48:10)
MOTION: To approve Alternative 1: Proposal number three with six districts, a
directly elected Mayor and the Mayor to serve two year terms and be subject to term
limits of two terms. (01:33:02)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (01:53:50)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Genis and Council Member Foley
Absent: None
Motion carried: 3-2
ACTION:
City Council approved Alternative 1: Proposal number three with six districts, a
directly elected Mayor and the Mayor to serve two year terms and be subject to term
limits of two terms.
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MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote: (01:53:50)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Genis and Council Member Foley
Absent: None
Motion carried: 3-2
ACTION:
City Council adopted the following resolutions:
a. Resolution 2016-59 (Alternative 1): Calling and giving notice for the holding of a
General Municipal election to be held on November 8, 2016 for the submission
to the voters of an ordinance electing city council members by district; and
b. Resolution 2016-60 (Alternative 1): Requesting the Orange County Board of
Supervisors to Consolidate a General Municipal Election to be held on
November 8, 2016, for the purpose of submitting to the voters of the City of
Costa Mesa a question relating to electing city council members by district.
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (01:57:09)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Genis and Council Member Foley
Absent: None
Motion carried: 3-2
ACTION:
City Council adopted the following resolution:
c. Resolution 2016-61 (Alternative 1): Authorizing written arguments for or
against the proposed ordinance, setting priorities for filing written arguments,
authorizing Mayor Pro Tem Righeimer in conjunction with any other interested
Council Member to write the argument in favor of the proposed measure, and
directing the City Attorney to prepare an impartial analysis.
Council Member Genis requested City Council view copies of all ballot measure
mailers before they are sent out to the public. (02:01:20)
MOTION: Direct staff to prepare three informational mailers. (02:00:40)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (02:01:40)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
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ACTION:
City Council approved three informational mailers.
Council Member Foley requested an itemization of the costs for the measure
including the settlement agreement and mailers. (02:01:50)
City Council recessed into a break at 9:35 p.m. (02:02:27)
City Council returned at 9:48 p.m. (02:12:50)
2. PROPOSED CITY COUNCIL SPONSORED MEASURE ADDRESSING
FUTURE DEVELOPMENT AT FAIRVIEW PARK (02:13:00)
Staff report by Patrick Munoz, Special Counsel. (02:13:10)
Discussion ensued on the definition of "athletic fields". (02:14:20)
Public Comments: (02:15:43)
Jay Humphrey, Costa Mesa, spoke on the Americans with Disabilities Act (ADA)
wording. (02:16:17)
Sue Lester, Costa Mesa, spoke in opposition to the measure. (02:19:27)
Richard Mehren, Costa Mesa, spoke in opposition to the measure. (02:22:10)
Jack Ross, Costa Mesa, spoke in opposition to the measure. (02:23:59)
Karl Ahlf, Costa Mesa, spoke in opposition to the measure. (02:26:10)
Bill Harader, Costa Mesa, spoke in opposition to the measure. (02:28:05)
Alex Reich, spoke in opposition to the measure. (02:31:08)
Speaker, spoke in opposition to the measure. (02:34:19)
Speaker, spoke in opposition to the measure. (02:36:27)
Speaker, spoke in opposition to the measure. (02:38:45)
Wendy Leece, Costa Mesa, spoke in opposition to the measure. (02:39:32)
Linda DeChlarra, Costa Mesa, spoke on the homeless camping at Fairview Park.
(02:42:10)
Cynthia McDonald, Costa Mesa, spoke in opposition to the measure. (02:44:38)
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Terry Koken, Costa Mesa, spoke in opposition to the measure. (02:45:51)
John Stephens, Costa Mesa, spoke in opposition to the measure. (02:47:56)
Cindy Black, Costa Mesa, spoke in opposition to the measure. (02:51:02)
Cindy Brenneman, Costa Mesa, spoke in opposition to the measure. (02:54:05)
Robin Leffler, Costa Mesa, spoke in opposition to the measure. (02:56:21)
MOTION: To reset time clock for public comment speaker Robin Leffler.
MOVED/SECOND: Council Member Foley/Council Member Genis (02:57:39)
The motion carried by the following roll call vote: (02:57:45)
Ayes: Council Member Monahan, Council Member Foley and Council Member
Genis
Nays: Mayor Pro Tem Righeimer and Mayor Mensinger
Absent: None
Motion carried: 3-2
Robin Leffler, Costa Mesa, spoke on the two measures. (02:57:55)
City Council recessed into a break at 10:39 p.m. (03:04:30)
City Council reconvened at 10:44 p.m. (03:09:40)
Discussion ensued on grant funds; definition of "athletic fields"; and American with
Disabilities Act (ADA) law and compliance. (03:10:00)
MOTION: Adopt Resolution No. 16-62 and Resolution No. 16-63 with an
amendment to the ordinance, Section 3, Definitions for Athletic Fields, to also
include: basketball courts, courts for tennis and other racket sports, golf facilities
and tracks for motorized vehicles such as go-carts. (03:31:45)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (03:32:30)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
The City Council adopted the following resolutions with an amendment to the
ordinance, Section 3, Definitions for Athletic Fields, to also include: basketball
courts, courts for tennis and other racket sports, golf facilities and tracks for
motorized vehicles such as go-carts.
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1. Resolution 16-62: Calling and giving notice for the holding of a General
Municipal election to be held on November 8, 2016, for the submission to the
voters of a City Council sponsored proposition for the enactment of an
ordinance, which will be referred to as the "Costa Mesa Measure Prohibiting
Athletic Fields at Fairview Park"; and
2. Resolution 16-63: Requesting the Orange County Board of Supervisors to
Consolidate a General Municipal election to be held on November 8, 2016, for
the purpose of submitting to the voters of the City of Costa Mesa a question
relating to the adoption of a proposed ordinance referred to as the "Costa Mesa
Measure Prohibiting Athletic Fields at Fairview Park".
MOTION: Adopt Resolution No. 16-64 and authorize Mayor Pro Tem Righeimer to
write the argument in favor of the proposed measure.
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (03:33:58)
SUBSTITUTE MOTION: Adopt Resolution No. 16-64 and authorize Mayor Pro Tem
Righeimer in conjunction with any other interested Council Member to write the
argument in favor of the proposed measure and Council Member Genis and Council
Member Foley to write the argument against the proposed measure.
SUBSTITUTE MOTION/SECOND: Council Member Genis/Council Member Foley
(03:34:24)
Council Member Genis withdrew her substitute motion. (03:35:00)
SUBSTITUTE MOTION: Adopt Resolution No. 16-64 and authorize Mayor Pro Tem
Righeimer to write the argument in favor of the proposed measure and Council
Member Genis to write the argument against the proposed measure.
SUBSTITUTE MOTION/SECOND: Mayor Mensinger/Council Member Genis
(03:34:38)
The motion carried by the following roll call vote: (03:35:39)
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council adopted Resolution 16-64: Authorizing written arguments for or against
the proposed ordinance referred to as the "Costa Mesa Measure Prohibiting Athletic
Fields at Fairview Park," setting forth priorities for filing written arguments, authorizing
Mayor Pro Tem Righeimer to write the argument in favor of the proposed measure
and Council Member Genis to write the argument against the proposed measure and
directing the City Attorney to prepare an impartial analysis.
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MOTION: Direct staff to prepare three informational mailers. (03:35:42)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote: (03:45:46)
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger
Nays: Council Member Foley and Council Member Genis
Absent: None
Motion carried: 3-2
ACTION:
City Council approved three informational mailers.
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS - NONE
ADJOURNMENT — Mayor Mensinger adjourned the meeting at 11:11 p.m.
Minutes adopted on this 2nd day of August, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
Brenda Green, City Clerk
Minutes — Special Meeting — July 12, 2016 - Page 8