HomeMy WebLinkAbout03/20/2018 - City Council and Successor AgencyMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MARCH 20, 2018
CALL TO ORDER
The Closed Session was called to order by Mayor Genis 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 Righeimer, Council Member Stephens, Mayor Pro Tem
Mansoor and Mayor Genis.
Absent: Council Member Foley
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Speaker, spoke on Closed Session item #5 regarding an amicus brief from other cities.
The City Council recessed to Conference Room 5A at 4:09 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 Attorney
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Timothy Dadey, et al. v. City of Costa Mesa, Orange County
Superior Court of California, Case No. 30-2014-00757962-CU-CR-CJC.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: The Kennedy Commission, et al. v. City of Costa Mesa, Orange
County Superior Court of California, Case No. 30-2016-00832585-CU-WM-CJC.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Orange County Catholic Worker, an unincorporated association:
Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy
Schuler, Gloria Shoemake, as individuals v. Orange County, City of Anaheim,
City of Costa Mesa, and City of Orange, United States District Court, Central
District of California —Southern Division, Case No. 8:18-cv-00155.
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 1
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code
Name of Case: Yellowstone Women's First Step House, Inc., and Sober Living
Network, Inc. v. City of Costa Mesa, United States District Court, Central District
of California, Case No. SACV14-01852 JVS.
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:02)
The meeting was called to order by Mayor Genis at 6:00 p.m. in the Council Chambers
at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:18) - Council Member Stephens
MOMENT OF SOLEMN EXPRESSION (00:00:39)
Pastor Phil Eyskens, The Lighthouse Church, Costa Mesa
ROLL CALL (00:02:49)
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Mansoor, and Mayor Genis.
Absent: None
Officials Present: City Attorney Thomas Duarte, Assistant City Manager Tamara
Letourneau, Economic and Development Services Director Barry Curtis, Public Services
Director Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:03:07) — NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS (00:03:21) - "Costa Mesa Minute" was played featuring upcoming
events and activities in the community.
PRESENTATIONS (00:05:50)
1. Ashley Thomas, Recreation Supervisor and Andrea Marr, Chair of the Cultural Arts
Committee, presented the Cultural Arts Committee Annual Report.
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 2
PUBLIC COMMENTS (00:15:00)
Speaker, spoke on replacing the ping pong table at the Senior Center; and street
parking issues on Hamilton Street. (00:15:27)
Martin Mallard, Costa Mesa, spoke on the City of Los Alamitos opting out of the
California Sanctuary law. (00:18:05)
Gary Parkin, Costa Mesa, thanked the City Council for their service and civility at the
meetings; and spoke on Sober Living issues. (00:20:40)
Tamar Goldmann, Costa Mesa, thanked the City Council and staff for a curb cut.
(00:22:14)
Lisa Price, Priceless Pets, provided statistics on animal adoptions. (00:23:26)
Steve Gain, Costa Mesa, spoke on crimes and the City stance on opting out of the
California Sanctuary law. (00:25:17)
Speaker, spoke on the City Attorney contract review; and good governance. (00:26:51)
Tim Lewis, spoke on the project on Harbor and Hamilton and requested reversal of the
zoning. (00:30:18)
Terry Koken, Costa Mesa, spoke on the Orange County Model Engineers (OCME)
contract at Fairview Park. (00:33:23)
Jay Humphrey, Costa Mesa, spoke regarding the medians on Placentia and non-native
trees; and restoring Fairview Park. (00:35:01)
Bill Bertovich, Costa Mesa, spoke on problems with Sober Living Homes. (00:37:53)
Speaker, spoke on the Senior Center Health Fair; and meetings. (00:42:20)
Speaker, spoke on changing the Council districts. (00:45:07)
Ralph Taboada, Costa Mesa, spoke on the OCME contract; spending challenges; and
the budget. (00:48:18)
Tom Pollitt, Costa Mesa, spoke against California being a sanctuary state; and spoke
on deficits and budget issues. (00:51:20)
Speaker, spoke regarding a traffic signal at the Lab on Bristol Street; and the Sober
Living meeting at the Senior Center. (00:53:34)
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 3
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(00:55:57)
Council Member Stephens spoke on the Golf Tournament and fundraiser hosted by the
Network for Homeless Solutions and Fresh Beginnings Ministries; spoke on attendance
at the homeless hearing in Federal Court; and read an Irish poem. (00:56:09)
Council Member Righeimer spoke on the District Attorney meeting on Sober Living
issues; center dividers; budget issues and vacant positions; and funding for homeless
issues and transitional housing. (00:59:11)
Mayor Pro Tem Mansoor invited everyone to an Alzheimers Forum at the Senior Center
on March 29th; and spoke on immigration laws and the rule of law. (01:03:13)
Council Member Foley spoke on attendance at the homeless hearing in Federal Court;
attendance at ACC -OC meeting on Sober Living issues and new legislation; and
requested an update on the Harbor and Hamilton project. (01:04:50)
Mayor Genis spoke on the Harbor and Hamilton project; red curbs on Hamilton; work
load indicators; Sober Living issues; and decorum at the meetings. (01:09:31)
CONSENT CALENDAR (01:13:09)
MOVED/SECOND: Council Member Foley/Council Member Righeimer
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8
except for 2, 4, and 8.
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
1. READING FOLDER
Claims received by the City Clerk: State Farm Insurance, as subrogee for Armin
Skalmoloski and Steve Stevenson.
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY MEETING OF FEBRUARY 20, 2018
City Manager's Office/City Clerk Division
ACTION:
City Council approved the minutes of February 20, 2018.
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 4
5. 2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
PROGRAM ALLOCATION - Police Department/Support Services Division
ACTION:
1. City Council authorized the City Manager or his designee to execute the
Agreement to Transfer Funds for the 2017 Emergency Management
Performance Grant (EMPG) Program; and
2. Adopted Resolution No. 18-15, which authorizes the application for and
acceptance of funds under the Emergency Management Performance Grant
(EMPG) Program, and authorized the City Manager or his designee to accept
the EMPG Program funds.
6. UPDATE OF STATE OF CALIFORNIA, GOVERNOR'S OFFICE OF
EMERGENCY SERVICES (CAL OES) DESIGNATION OF APPLICANT'S
AGENT RESOLUTION - Police Department/Support Services Division
ACTION:
1. City Council approved and adopted the State of California, Governor's Office
of Emergency Services (Cal OES) Designation of Applicant's Agent
Resolution (Cal OES Form 130); and
2. Authorized submittal of the approved Cal OES Form 130 to the State.
7. BUS SHELTER FRANCHISE AGREEMENT AND MAINTENANCE SERVICES
Public Services Department/Transportation Services Division
ACTION:
1. City Council approved the First Amendment to the Franchise Agreement with
Clear Channel Outdoor, Inc. (Clear Channel), reflecting their commitment to
pay an additional $35,000 annually, plus an annual CPI increase to the
City, for additional bus shelter pressure washing services performed by the
City or City's contractor; and
2. Authorized the City Manager to execute the First Amendment, and future
amendments for extending the Franchise Agreement and CPI increases to
the annual compensation to the City; and
3. Approved Budget Adjustment No. 18-014; and
4. Authorized the City Manager to execute a Maintenance Services Agreement
with CleanStreet for bus shelter pressure washing services in the amount of
$35,000 annually for three years, with two one-year renewal options.
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 5
ITEMS PULLED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2594 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 18-04 "A" FOR $0.00
AND 18-05 FOR $2,468,828.02; AND CITY OPERATING EXPENSES FOR
$2,054,073.29; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID (01:13:55) - Finance Department
Speaker, spoke on recusals; and Jones and Mayer. (01:13:57)
Mayor Genis stated she has no connection with the Sober Living industry.
(01:15:47)
Council Member Righeimer stated he has no connection with the Sober Living
industry. (01:16:02)
MOVED/SECOND: Council Member Stephens/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 Warrant Resolution No. 2594.
4. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT:
TEWINKLE PARK ADA AND PARKING LOT IMPROVEMENTS, CITY
PROJECT NO. 17-01 (01:16:46)
Public Services Department/Engineering Division
No public comments on this item.
MOVED/SECOND: Council Member Stephens/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 accepted the work performed by All American Asphalt for the
subject project and authorized the City Clerk to file the Notice of Completion;
and
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 6
2. Authorized the 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.
8. THIRD PARTY WORKERS' COMPENSATION CLAIMS ADMINISTRATION
SERVICES (01:17:20) — City Manager's Office/Human Resources Division
Ralph Taboada, Costa Mesa, spoke on the self-insurance fund and a detailed
listing. (01:17:33)
Mayor Genis spoke on court cases and confidential information provided to the
City Council. (01:20:34)
Council Member Foley spoke on posting the workers' compensation information
on the City website. (01:21:28)
MOVED/SECOND: Council Member Righeimer/Council Member Stephens
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 awarded the contract for Third Party Workers Compensation
Claims Administration Services per Request for Proposal (RFP) to
AdminSure, Inc.; and
2. Authorized the Mayor and City Clerk to execute the four (4) year Professional
Services Agreement for the contract; and
3. Authorized the City Manager to extend the contract for an additional one-year
term as applicable.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 7
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:22:07)
1. ORDINANCE 18-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING ARTICLE 5 (ADMINISTRATION,
APPLICATION AND PROCEDURES) OF CHAPTER I (BUSINESS TAX) AND
CHAPTER VI (MEDICAL MARIJUANA BUSINESS PERMITS) OF TITLE 9
(LICENSES AND BUSINESS REGULATIONS); CHAPTER IV (CITYWIDE
LAND USE MATRIX) AND ARTICLE 21 (MEDICAL MARIJUANA
DISTRIBUTING, MANUFACTURING, PROCESSING, RESEARCH AND
DEVELOPMENT, TESTING LABORATORIES AND TRANSPORTING
LOCATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS) OF
TITLE 13 (PLANNING ZONING AND DEVELOPMENT), RELATING TO
AMENDMENTS TO VOTER APPROVED ORDINANCE 16-15 (MEASURE X,
THE COSTA MESA MEDICAL MARIJUANA MEASURE) (01:22:16)
Development Services Department/Planning Division
Mel Lee, Senior Planner, presented the staff report. (01:23:04)
Discussion ensued on removing the buffer zone by Moon park. (01:26:00)
No public comments on this item.
MOVED/SECOND: Council Member Righeimer/Council Member Foley
MOTION: To approve the recommended actions with the following modification
(shown in strikethrough) to CMMC Section 13-200-392(b):
13-200.92. Marijuana distributing facilities, manufacturing sites, research
and development laboratories, and testing laboratories.
(a) Marijuana distribution, manufacturing, research and development and
testing is prohibited in all zone districts within the city, except for those portions of
the manufacturing park (MP) and planned development industrial (PDI) zones
that are located both north of South Coast Drive and west of Harbor Boulevard,
excluding any portion of the South Coast Collection.
(b) Ne use permitted under this section may GGRduGted on any !G` that
is -
within 500 foot of Moon PArk
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 — March 20, 2018 — PAGE 8
ACTION:
1. City Council found that the ordinance is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
CEQA Guidelines, which states that "the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that
there is no possibility that activity in question may have an effect on the
environment, the activity is not subject to CEQA"; and
2. Introduced Ordinance No. 18-04, read by title only and further reading
waived, adopting Code Amendment CO -17-07 for the following amendments:
• Article 5 of Chapter I of Title 9 of the Costa Mesa Municipal Code
(Licenses and Business Regulations) Section 9-29.5 and Sections 9-
481 through 9-499; and
• Chapter IV of Title 13 of the. Costa Mesa Municipal Code (Planning,
Zoning, and Development) Sections 13-30 (31a through 31f); and
• Article 21 of Chapter IX of Title 13 of the Costa Mesa Municipal Code
(Planning, Zoning, And Development) Sections 13-200.90 through 13-
200-94; and
Approved the following modification (shown in strikethrough) to CMMC Section 13-
200.92(b):
13-200.92. Marijuana distributing facilities, manufacturing sites, research and
development laboratories, and testing laboratories.
(a) Marijuana distribution, manufacturing, research and development and testing is
prohibited in all zone districts within the city, except for those portions of the
manufacturing park (MP) and planned development industrial (PDI) zones that are
located both north of South Coast Drive and west of Harbor Boulevard, excluding
any portion of the South Coast Collection.
(b) Ne 6ise permitted under this SeGt'E)n may be GORGIUGted en any lot that us within
foot of AAGeR D.nrL
2. ORDINANCE 18-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA ADOPTING THE TEXT OF URGENCY ORDINANCE 17-16,
AMENDING ARTICLE 20 (MARIJUANA AND/OR MEDICAL MARIJUANA
USES AND ACTIVITIES) OF CHAPTER IX (SPECIAL LAND USE
REGULATIONS) OF TITLE 13 (PLANNING ZONING AND DEVELOPMENT),
RELATING TO CULTIVATION OF MARIJUANA AND CERTAIN MARIJUANA
RELATED USES (01:28:09)
Development Services Department/Planning Division
Mel Lee, Senior Planner, presented the staff report. (01:28:55)
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 9
No public comments on this 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
ACTION:
1. City Council found that the ordinance is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
CEQA Guidelines, which states that "the activity is covered by the general
rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that activity in question may have an
effect on the environment, the activity is not subject to CEQA"; and
2. Introduced Ordinance No. 18-05, read by title only and further reading
waived, adopting Code Amendment CO -18-01 amending the following:
• Article 20 (Marijuana and/or Medical Marijuana Uses and Activities) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning Zoning
and Development), Relating to Cultivation of Marijuana and Certain
Marijuana Related Uses.
3. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMIT PA -16-04 TO ALLOW A SOBER LIVING FACILITY SERVING 13
ADULTS OPERATED BY SUMMIT COASTAL LIVING AT 2041 TUSTIN
AVENUE (01:30:39) - Development Services Department/Planning Division
EX PARTE COMMUNICATIONS: Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis stated they toured the facility. (01:31:03)
Sheri Vander Dussen, Consultant, presented the staff report. (01:32:03)
Council Member Foley clarified an e-mail she received. (01:42:57)
Discussion ensued on the proximity to Woodland School. (01:44:20)
Keith Randle, Applicant, provided a powerpoint presentation. (01:48:44)
Discussion ensued on the residents; relapse policy; and parking. (02:15:00)
Discussion ensued on the conditions of approval in the staff report. (02:23:04)
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 10
Council Member Righeimer spoke on density in Costa Mesa. (02:23:04)
Discussion ensued on the calls for service. (02:23:04)
Public Hearing Opened:
Rick Tokars, spoke in support of the Conditional Use Permit (CUP) PA -16-04
(02:36:31)
Speaker, spoke against the CUP. (02:37:48)
Bill Hank, spoke in support of the CUP. (02:41:05)
Speaker, spoke against the CUP. (02:43:08)
Tyler Colbert, spoke in support of the CUP. (02:46:17)
Linda Kirkpatrick, Costa Mesa, spoke against the CUP. (02:49:25)
Speaker, spoke against the CUP; and spoke on re-evaluating the ordinance.
(02:52:56)
Speaker, spoke against the CUP. (02:57:20)
Rick Huffman, Costa Mesa, spoke against the CUP. (02:59:33)
Speaker, spoke in support of the CUP. (03:00:13)
Barbara Morihiro, Costa Mesa, spoke against the CUP. (03:02:00)
Terry Koken, Costa Mesa, spoke on racism. (03:05:09)
Wendy Leece, Costa Mesa, spoke against the CUP. (03:06:25)
Jay Humphrey, Costa Mesa, spoke on compliance with ADA requirements; and
spoke against the CUP. (03:09:02)
Claudia Yugochi, Costa Mesa, spoke against the CUP. (03:12:04)
Mike Struckenberg, Costa Mesa, spoke against the CUP. (03:13:57)
Speaker, spoke against the CUP. (03:16:16)
Public Hearing Closed.
Mr. Randle addressed the comments by the public speakers. (03:20:05)
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 11
Pursuant to Government Code 54954.2 (b)(2), the City Council determined a
need to take immediate action and that the need for action came to the attention
of the local agency subsequent to the agenda being posted. (03:18:26)
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 recessed into Closed Session at 9:27 p.m.
City Council reconvened at 10:15 p.m.
MOVED/SECOND: Council Member Stephens/Mayor Genis
MOTION: 1. To overturn the decision of the Planning Commission approving the
Conditional Use Permit (CUP) PA -16-04 with certain conditions. 2. For staff to
prepare and bring back the resolution approving CUP PA -16-04 on the Consent
Calendar on the April 3, 2018 City Council agenda.
Council Member Stephens spoke on the motion. (03:27:10)
Council Member Righeimer spoke against the motion. (03:32:37)
Council Member Foley spoke in support of the motion. (03:34:29)
Mayor Genis spoke in support of the motion. (03:36:39)
MOVED/SECOND: Council Member Stephens/Mayor Genis
MOTION: 1. To overturn the decision of the Planning Commission approving the
Conditional Use Permit (CUP) PA -16-04 with certain conditions. 2. For staff to
prepare and bring back the resolution approving CUP PA -16-04 on the Consent
Calendar on the April 3, 2018 City Council agenda.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Stephens, and Mayor Genis.
Nays: Council Member Righeimer and Mayor Pro Tem Mansoor.
Absent: None
Motion carried: 3-2
ACTION:
1. City Council overturned the decision of the Planning Commission approving the
Conditional Use Permit (CUP) PA -16-04 with certain conditions:
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 12
(a) The applicant shall not allow any person or persons who is or are on any
form of probation or parole to reside in or otherwise occupy the facility or
property, including, but not limited to those subject to Health & Safety Code
section 11590 et seq. (Registration of Controlled Substance Offenders) and/or
Penal Code section 290 et seq. (Sex Offender Registration Act).
(b) An authorized representative(s) of the City shall be allowed to inspect the
interior and exterior of the property during normal business hours (9:00 a.m. to 5:00
p.m., Monday through Friday) provided the operator has received notice of said
inspection at least 24 hours in advance.
(c) No more than two residents living in the facility at any one time shall have a
domicile outside the State of California.
(d) This Conditional Use Permit shall expire and become null and void if the
property is sold, transferred or the ownership, control and/or operation of the
property otherwise changes in any manner whatsoever from that set forth in
application number PA -16-04.
(e) All parking spaces, including those within garages, shall remain free and
accessible for parking of vehicles. By December 1 of every year, the applicant shall
submit written confirmation that all parking spaces on the property remain
accessible for parking. This confirmation shall be accompanied by photographs that
document the accessibility of each space for automobile parking.
2. City Council directed staff to prepare and bring back the resolution approving
CUP PA -16-04 on the Consent Calendar on the April 3, 2018 City Council
agenda.
4. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMIT PA -16-15 TO ALLOW A LICENSED DRUG AND ALCOHOL
TREATMENT FACILITY SERVING 14 ADULTS OPERATED BY CASA CAPRI
LLC, AT 166 EAST 18TH STREET, INCLUDING AN APPEAL OF A DENIAL
OF A REQUEST FOR A REASONABLE ACCOMMODATION FROM LAND
USE REQUIREMENTS (03:38:43)
Development Services Department/Planning Division
Sheri Vander Dussen, Consultant, presented the staff report. (03:39:19)
Discussion ensued on the code enforcement case. (03:43:15)
Garrett Prybylo from Zfaty Burns legal counsel representing Casa Capri, LLC,
spoke on the ordinance. (03:43:15)
Discussion ensued on the Valencia v. City of Springfield case. (03:54:15)
Public Hearing opened:
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 13
Speaker, spoke against the CUP. (03:59:00)
Speaker, spoke against the CUP. (04:00:47)
Discussion ensued on citing of evidence; and facts for the records. (03:54:15)
Public Hearing closed.
MOVED/SECOND: Council Member Stephens/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 denied the request for reasonable accommodation for PA -16-15.
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 upheld the Planning Commission's denial of Conditional Use Permit
PA -16-15 by adoption of Resolution No. 18-17.
5. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMITS PA -16-42 AND PA -16-43 TO ALLOW A STATE -LICENSED
DRUG AND ALCOHOL FACILITY SERVING 28 ADULTS OPERATED BY
WINDWARD WAY RECOVERY AT 351 VICTORIA STREET AND 357
VICTORIA STREET, INCLUDING AN APPEAL OF A DENIAL OF A REQUEST
FOR A REASONABLE ACCOMMODATION FROM LAND USE
REQUIREMENTS (04:08:24)
Development Services Department/Planning Division
Sheri Vander Dussen, Consultant, presented the staff report. (04:08:52)
Garrett Prybylo from Zfaty Burns legal counsel representing Windward Way
Recovery, spoke on intentional discrimination; and the request for reasonable
accommodation. (04:12:29)
Public Hearing opened:
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 14
Speaker, spoke against the CUP. (04:15:29)
Speaker, spoke against the CUP. (04:18:40)
Speaker, spoke against the CUP. (04:24:03)
Speaker, spoke on the maps; and against the CUP. (04:25:52)
Speaker, spoke against the CUP. (04:28:37)
Council Member Foley spoke on information to be included in the record.
(04:30:59)
Public Hearing closed.
Mayor Pro Tem Mansoor spoke on the motion. (04:33:09)
Mayor Genis spoke in support of the motion. (04:33:30)
Council Member Foley spoke in support of the motion. (04:34:28)
MOVED/SECOND: Mayor Pro Tem Mansoor/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 adopted Resolution No. 18-18 and Resolution No. 18-19, upholding
the decisions of the Director of Economic and Development Services to deny the
request for reasonable accommodation and the Planning Commission to deny
Conditional Use Permits PA -16-42 and PA -16-43.
OLD BUSINESS:
THIS ITEM WAS WITHDRAWN FROM THE AGENDA.
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MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 15
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NEW BUSINESS (04:40:45)
APPOINTMENTS TO VARIOUS COMMITTEES (04:40:56)
City Manager's Office/City Clerk Division
Brenda Green, City Clerk, presented the staff report. (04:41:00)
No public comments on this item.
Bikeway and Walkability Committee:
MOVED/SECOND: Council Member Foley/Council Member Stephens (04:42:48)
MOTION: To appoint Richard Huffman, James Kane, Florence Martin, Cynthia
McDonald, Michael Nolf, Ralph Taboada, and Nathan Torres as regular members
to the Bikeway and Walkability Committee, all for two-year terms.
SUBSTITUTE MOTION/SECOND: Council Member Righeimer/Mayor Pro Tem
Mansoor
SUBSTITUTE MOTION: To appoint Jennifer Knapp and Kevin Ross in place of
Michael Nolf and Nathan Torres.
Council Member Foley spoke on the substitute motion. (04:44:01)
Council Member Righeimer spoke on the substitute motion. (04:44:44)
Mayor Genis spoke against the substitute motion. (04:47:30)
Council Member Righeimer withdrew his substitute motion. (04:48:31)
MOVED/SECOND: Council Member Foley/Council Member Stephens (04:42:48)
ORIGINAL MOTION: To appoint Richard Huffman, James Kane, Florence Martin,
Cynthia McDonald, Michael Nolf, Ralph Taboada, and Nathan Torres as regular
members to the Bikeway and Walkability Committee, all for two-year terms.
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 — March 20, 2018 — PAGE 16
ACTION:
City Council appointed Richard Huffman, James Kane, Florence Martin, Cynthia
McDonald, Michael Nolf, Ralph Taboada, and Nathan Torres as regular members
to the Bikeway and Walkability Committee, all for two-year terms.
Cultural Arts Committee
MOVED/SECOND: Council Member Foley/Council Member Righeimer (04:48:45)
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 appointed the following to the Cultural Arts Committee: Charlene
Ashendorf, Frank Gutierrez, Jason Komala, and Anthony Manrique as regular
members for two-year terms; and Andrew Gallagher as an alternate member, for a
one-year term.
Finance & Pension Advisory Committee
MOVED/SECOND: Mayor Genis/Mayor Pro Tem Mansoor (04:49:24)
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 appointed Teresa Drain, Don Harper, Lee "John" Hinson, Marwan
Khalifa, Al Melone, and Tom Pollitt as regular members to the Finance & Pension
Advisory Committee, all for two-year terms.
Historical Preservation Committee
MOVED/SECOND: Mayor Pro Tem Mansoor/Mayor Genis (04:50:38)
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 — March 20, 2018 — PAGE 17
ACTION:
City Council appointed Joshua Hutchinson, John McQueen, and Gary Parkin as
regular members to the Historical Preservation Committee, all for two-year terms.
Housing and Public Service Grant Committee
MOVED/SECOND: Mayor Genis/Council Member Stephens (04:50:49)
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 appointed the following to the Housing and Public Service Grant
Committee: Damon Anthony Burris, Christopher Cubeiro, Dave Goodman, Michael
Habitz as regular members; and Ted Phung Ngo as an alternate member, all for
two-year terms.
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (04:51:24) - NONE
REPORT — CITY MANAGER (04:52:40) - NONE
REPORT — CITY ATTORNEY (04:52:45) - NONE
ADJOURNMENT (04:52:48) — Mayor Genis adjourned the meeting at 11:40 p.m.
Minutes adopted on this 15th day of May, 2018.
Sandra L. Genis, Mayor
ATTEST:
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Brenda Green, City Clerk
MINUTES — Costa Mesa City Council Regular Meeting — March 20, 2018 — PAGE 18