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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 1
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
NOVEMBER 7, 2017
CALL TO ORDER
The Closed Session was called to order by the Mayor at 5:02 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
Genis, and Mayor Foley.
Absent: Council Member Mansoor
PUBLIC COMMENTS ON CLOSED SESSION ITEMS – NONE
The City Council recessed to Conference Room 5A at 5:03 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 - 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.
4. 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.
The City Council reconvened at 6:03 p.m.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 2
CALL TO ORDER (00:00:07)
The meeting was called to order by the Mayor at 6:03 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
NATIONAL ANTHEM (00:00:51) Mrs. McVeigh's First Grade Class, Sonora Elementary
School
PLEDGE OF ALLEGIANCE (00:03:46) Council Member Mansoor
MOMENT OF SOLEMN EXPRESSION (00:04:08) - Pastor Dave Gundlach, Palm
Harvest Church
ROLL CALL (00:08:23)
Present: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Absent: None
CITY ATTORNEY CLOSED SESSION REPORT (00:08:38) – NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)
(00:08:43) - NONE
ANNOUNCEMENTS (00:08:55)
“Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS: (00:11:06)
1. Proclamation – National Nurse Practitioners Week (00:11:08)
Mr. Jeffrey Vu, representing the California Association of Nurse Practitioners,
received a proclamation from the Mayor declaring the week of November 12th through
18th, as National Nurse Practitioners Week in the City of Costa Mesa.
2. City Manager’s Leadership Award (00:15:50)
Yvette Aguilar, Senior Program Administrator, was recognized by the City Council for
receiving the City Manager’s Leadership Award for the month of October, 2017.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 3
PUBLIC COMMENTS (00:19:45)
Oli Stegli, Costa Mesa, spoke in support of permit parking on Joann Street and praised
the City Council for keeping the streets cleaned. (00:20:05)
John Hawley, Costa Mesa, expressed concern on Senate Bill 1069 pertaining to
accessory housing units; and supports reviewing the overlay zones. (00:21:31)
Donna Becker, Costa Mesa, spoke in support of permit parking on Joann Street and
praised the City Council for keeping the streets cleaned. (00:23:10)
Terry Koken, Costa Mesa, spoke on various issues. (00:24:23)
Tom Pollitt, Costa Mesa, spoke on the unfunded pension liability. (00:28:08)
Tim Lewis, Costa Mesa, spoke on a man washing cars illegally; and a City employee
painting a wall on private property. (00:30:32)
Kim Hendricks, Costa Mesa, spoke on the City Council leadership; and spoke on
various issues. (00:32:54)
Speaker, spoke on City Council leadership; and various issues. (00:36:01)
Sue Lester, Costa Mesa, thanked the City Council for approving the fire contract; spoke
on treating people fairly; and transparency on agenda reports. (00:39:42)
Anna Vrska, Costa Mesa, spoke on the Costa Mesa Water District public hearing on
November 9th at 6:00 pm regarding water rates increases. (00:39:42)
Beth Refakes, Costa Mesa, thanked Mayor Foley and Mayor Pro Tem Genis for the
Eastside Listening tour; and spoke on Sober Living Homes. (00:42:49)
Speaker, spoke on the Eastside Listening tour; and spoke on the reconsideration of
districting. (00:47:12)
Cory Hodges, board member of the Orange County Young Democrats, spoke against
the City Council reorganization; and spoke in support of Mayor Foley. (00:49:48)
Speaker, thanked Mayor Foley and Mayor Pro Tem Genis for the Eastside Listening
tour; and the Sober Living Homes meeting. (00:52:21)
Robin Leffler, Costa Mesa, requested an urgency ordinance for a moratorium on the
Small Lot Ordinance and overlays. (00:54:39)
Speaker, thanked Mayor Foley for the Sober Living Home meeting; and spoke on Sober
Living issues and transparency. (00:57:57)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 4
Barrie Fisher, Costa Mesa, spoke on the wall closings on Victoria; and praised the
contractor. (01:00:12)
Andrea Marr, Costa Mesa, spoke on sober living and homelessness; and the Bikeway
and Walkability committee. (01:01:42)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(01:02:40)
Council Member Mansoor requested tracking costs associated with Public Records
Requests. (01:02:57)
Mayor Foley spoke on the Sober Living Community forum; reporting unsafe conditions;
and the Veterans Day events. (01:03:51)
Mayor Pro Tem Genis spoke on the Veterans Day events; and donations during the
holidays. (01:07:39)
Council Member Stephens spoke on thanking the Veterans; reported on his attendance
at the Argyos Plaza opening; the fire contract; Sober Living Home issues; and a uniform
reporting system for complaints. (01:09:40)
Council Member Righeimer spoke on the Church shooting in Sutherland Springs, Texas
and adjourning in memory of the victims and their families; and spoke on Sober Living
issues. (01:12:41)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor (01:15:40)
MOTION: To change the order of business and consider New Business item #3, City
Council reorganization first before the Consent Calendar items.
MOVED/SECOND: Mayor Pro Tem Genis/Council Member Righeimer (01:17:45)
SUBSTITUTE MOTION: To change the order of business and consider the Public
Hearing items first followed by New Business item #3 and resume the meeting in order
with the Consent Calendar items and the balance of the agenda.
Council Member Righeimer withdrew his original motion. (01:18:32)
Discussion ensued regarding taking public comments on changing the order of
business. (01:18:43)
City Council recessed into a break at 7:23 p.m. (01:20:43)
City Council reconvened at 7:34 p.m. (01:31:20)
Mayor Foley spoke on taking public comments on changing the order of business.
(01:31:35)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 5
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor (01:32:30)
MOTION: To not take public comments on changing the order of business.
Council Member Mansoor withdrew his second. (01:34:40)
PUBLIC COMMENTS ON CHANGING THE ORDER OF BUSINESS:
Bill McCarty, Costa Mesa, spoke against changing the order of business. (01:34:56)
Tim Lewis, Costa Mesa, spoke against changing the order of business. (01:36:32)
Terry Koken, Costa Mesa, spoke against changing the order of business. (01:37:07)
Robin Leffler, Costa Mesa, spoke against changing the order of business. (01:37:50)
Kimberly Clayter, Costa Mesa, spoke against changing the order of business. (01:38:34)
Jay Humphrey, Costa Mesa, spoke against changing the order of business. (01:39:36)
Mary Howard, Costa Mesa, spoke against changing the order of business. (01:40:54)
Jason Webster, Costa Mesa, spoke against changing the order of business. (01:41:40)
Megan Morales, Costa Mesa, spoke against changing the order of business. (01:43:17)
Wendy Leece, Costa Mesa, spoke against changing the order of business. (01:44:20)
Speaker, spoke against changing the order of business. (01:44:52)
Speaker, spoke against changing the order of business. (01:45:29)
Speaker, spoke against changing the order of business. (01:46:11)
Flo Martin, Costa Mesa, spoke against changing the order of business. (01:46:33)
Sue Lester, Costa Mesa, spoke on the issue. (01:47:14)
Howard Lee, spoke against changing the order of business. (01:47:33)
Public Comments Closed.
Council Member Stephens spoke on the issue. (01:48:15)
Mayor Pro Tem Genis spoke on the issue and withdrew her substitute motion.
(01:50:53)
Council Member Righeimer withdrew his second on the substitute motion. (01:52:34)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 6
CONSENT CALENDAR (01:52:40)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis
MOTION: Approve recommended actions for all Consent Calendar items.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
1. READING FOLDER - Claims received by the City Clerk: Erica Camera, Ryan
Earl, Maria Guadalupe Figueroa, and Jay Photoglou/Bright Vehicle Solutions.
ACTION:
City Council received and filed.
2. WARRANT RESOLUTION NO. 2586 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-20 “A” FOR $0; AND
17-21 FOR $2,325,128.09; AND CITY OPERATING EXPENSES FOR
$4,217,735.69; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID - Finance Department
ACTION:
City Council approved Warrant Resolution No. 2586.
3. MINUTES OF THE SPECIAL JOINT STUDY SESSION MEETING OF
SEPTEMBER 12, 2017 AND REGULAR CITY COUNCIL AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY MEETINGS OF OCTOBER 3,
2017 AND OCTOBER 17, 2017 - City Manager’s Office/City Clerk Division
ACTION:
City Council approved the minutes of September 12, 2017, October 3, 2017 and
October 17, 2017.
4. SLURRY SEAL PROJECT, CITY PROJECT NO. 15-06
Public Services Department/Engineering Division
ACTION:
1. City Council accepted the work performed by American Asphalt South, Inc., and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the filing
date; and release of the retention monies 35 days after the Notice of Completion
filing date.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 7
5. DOWNTOWN COSTA MESA GATEWAY LANDSCAPE IMPROVEMENTS,
FEDERAL PROJECT NO. STPE-P055 (055), CITY PROJECT NO. 13-06
Public Services Department/Engineering Division
ACTION:
1. City Council accepted the work performed by Horizons Construction Co.
International, 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.
6. INSTALLATION OF EMERGENCY GENERATORS AT POLICE FACILITY,
FIRE STATION NO. 4 AND CORPORATION YARD – CITY PROJECT NO. 17-
11 - Public Services Department/Engineering Division
ACTION:
1. City Council adopted the plans, specifications, and working details for the
Installation of Emergency Generators at the Police Facility, Fire Station No. 4
and Corporation Yard – City Project No. 17-11; and
2. Approved Budget Adjustment No. 18-013 in the amount of $90,000 towards
the project; and
3. Awarded a construction contract to Global Power Group, Inc., 3309 East
Miraloma Avenue, Suite 104, Anaheim, California, 92040, in the amount of
$255,000.00; and
4. Authorized the Mayor and the City Clerk to execute the Public Works
Agreement.
7. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT
PERMIT NO. PS16-00268 FOR PARKWAY IMPROVEMENTS AT 1944
CHURCH STREET, COSTA MESA, CALIFORNIA
Public Services Department/Engineering Division
ACTION:
City Council authorized refund of cash deposit in connection with Encroachment
Permit No. PS16-00268 in the amount of $33,898.25 to OC Infill Partners, 2201 SW
Birch Street, Newport Beach, CA 92660.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 8
8. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS16-00722 FOR STREET IMPROVEMENTS AND CORNER
MONUMENTATION FOR TRACT 17998 LOCATED AT 133-139 EAST 21ST
STREET, COSTA MESA, CALIFORNIA
Public Services Department/Engineering Division
ACTION:
City Council authorized release of the Performance and Labor and Material
Bonds (Certificate No. 705070S) in the amounts of $494,853.00 each for street
improvements and (Certificate No. 705071S) for setting corner monuments in the
amount of $2,000.00 to White-Warmington 21st Street Associates, L.P., a
California Limited Partnership (Developer), 3090 Pullman Street, Costa Mesa,
CA 92626.
9. AWARD THE SOLE SOURCE PURCHASE OF ONE PIERCE ARROW XT FIRE
ENGINE - Public Services Department/Maintenance Services Division/Fire &
Rescue Department
ACTION:
City Council approved and authorized the City Manager to execute a sole source
purchase order for one Pierce Arrow-XT Fire Engine from South Coast Fire
Equipment, Inc., 2020 South Baker, Ontario, CA 91761, for a total net purchase
cost of $703,736.66.
ITEMS REMOVED FROM THE CONSENT CALENDAR: NONE
PUBLIC HEARINGS – 7:00 p.m. (Resolution No. 05-55): (01:53:13)
1. REVIEW OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE
PERMIT FOR A MICROBREWERY (BREWING RESERVE OF CALIFORNIA)
WITH A TASTING ROOM AND RETAIL SALES AND A CONDITIONAL USE
PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE
CONSUMPTION AFTER 11 PM WITHIN 200 FEET OF A RESIDENTIAL ZONE
AT 2930 COLLEGE AVENUE, UNIT D (01:53:24)
Development Services Department/Planning Division
Justin Arios, Assistant Planner, presented the staff report. (01:54:05)
Discussion ensued on ancillary vs. primary use to the microbrewery; the tasting
room; and employee parking. (02:00:25)
Mayor Pro Tem Genis spoke on the land use conversion issue; proximity to the
apartments; and no food use. (02:04:22)
Applicants Steve and Teryle Aguilar, provided a presentation, spoke on the project
and addressed the issues. (02:06:40)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 9
Mario Marovic, Managing Partner of 2930 & 2940 College Avenue, spoke on
working with the tenant directly regarding galvanized and corrugated items.
(02:16:26)
Public Hearing Opened:
Terry Koken, Costa Mesa, spoke in support of the project. (02:18:50)
Betsy Hawkins, a partner for the property adjacent to the brewery, spoke in
opposition to the project. (02:20:35)
Robert Beaver, Costa Mesa, spoke in support of the project. (02:26:00)
Jim Young, a partner for the property adjacent to the brewery, spoke in opposition
to the project. (02:28:18)
Tim Lewis, Costa Mesa, spoke in opposition to the project. (02:31:40)
Robin Leffler, Costa Mesa, spoke in opposition to the project. (02:33:44)
Giovanni Capon, leases a property next door, spoke in support of the project.
(02:35:13)
Don Fredrickson, Costa Mesa, spoke in opposition to the project. (02:37:15)
Troy Shane, a tenant across the street, spoke in support of the project. (02:41:01)
Jim Hawkins, Newport Beach, spoke in opposition to the project. (02:42:11)
Mario Marovic, spoke in support of the project. (02:45:33)
Jay Humphrey, Costa Mesa, spoke in opposition to the project. (02:48:50)
Wendy Leece, Costa Mesa, spoke on a vision; setting precedent; and good
planning. (02:51:56)
Tom Johnson, President of the Costa Mesa Chamber of Commerce, spoke in
support of the project. (02:53:38)
Howard Lee, Costa Mesa, spoke in support of the project. (02:55:57)
Richard Russell, Costa Mesa, spoke in support of the project. (02:57:34)
Speaker, spoke in opposition to the project. (03:00:36)
Applicants Steve and Teryle Aguilar, spoke on conducting community outreach.
(03:02:40)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 10
Council Member Mansoor inquired on adding a six-month review to the Conditions
of Approval; and a security plan. (03:04:45)
Mr. Aguilar addressed a security plan which included the addition of external
lighting, video surveillance system, trained staff on duty, and patrolling of the
parking lot; and spoke on accepting a six-month review. (03:06:35)
Discussion ensued on a block wall vs. a hedge. (03:09:09)
Mayor Pro Tem Genis expressed concern regarding a hedge. (03:10:06)
Discussion ensued on ancillary use and MG zone. (03:11:24)
Public Hearing Closed.
Council Member Mansoor spoke against a block wall. (03:13:00)
Council Member Righeimer spoke on the motion. (03:13:40)
Council Member Stephens spoke on the removal of galvanized items and a six-
month review of the CUP. (03:17:37)
Mayor Pro Tem Genis spoke on a designated parking space and implementation of
a security plan. (03:18:50)
Council Member Stephens spoke in support of the motion. (03:20:55)
Mayor Foley spoke in support of the motion. (03:23:03)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To uphold the Planning Commission’s decision to approve the
Conditional Use Permit (CUP) for a microbrewery (Brewing Reserve of California),
with a tasting room by adoption of Resolution No. 17-72 and with the following
revisions to the conditions of approval: designation of one parking stall as “10-
minute parking only” with a permanent sign, a six-month review of the CUP after
opening if deemed necessary, implementation of a security plan, and removal of
the galvanized/corrugated items and barbed wire on top of the block wall.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 11
ACTION:
City Council upheld the Planning Commission’s decision to approve the
Conditional Use Permit (CUP) for a microbrewery (Brewing Reserve of California),
with a tasting room by adoption of Resolution No. 17-72 and with the following
revisions to the conditions of approval: designation of one parking stall as “10-
minute parking only” with a permanent sign, a six-month review of the CUP after
opening if deemed necessary, implementation of a security plan, and removal of
the galvanized/corrugated items and barbed wire on top of the block wall.
2. REVIEW OF PLANNING APPLICATION PA-17-23 FOR A CONDITIONAL USE
PERMIT INCLUDING A MICROBREWERY (SALTY BEAR BREWERY) WITH A
TASTING ROOM AND MINOR CONDITIONAL USE PERMITS FOR AN
OUTDOOR DINING PATIO AND A DEVIATION FROM PARKING
STANDARDS TO MEET PARKING REQUIREMENTS AT 2948 RANDOLPH
AVENUE (03:26:10) - Development Services Department/Planning Division
Council Member Righeimer spoke on the applicant participating in a parking plan
and reciprocal pedestrian access agreement between the properties. (03:26:45)
Dan Inloes, Senior Planner, presented the staff report. (03:27:40)
Chris Bennett, representing the property owner, spoke on pedestrian connection
and reciprocal easement. (03:35:50)
Joe Scagliotti, owner of Salty Bear Brewery, spoke on the project. (03:40:50)
Public Hearing Opened.
Rich Russell, Costa Mesa, spoke in support of the project. (03:45:04)
Mike Briggs, Costa Mesa, spoke in support of the project. (03:47:53)
Tim Lewis, Costa Mesa, spoke in support of the project. (03:48:37)
Speaker, spoke in support of the project. (03:50:11)
Margaret Sharp, spoke on parking issues. (03:50:41)
Shaheen Sadeghi, property owner, spoke in support of the owner and spoke on
the easement. (03:52:08)
Discussion ensued on obtaining a parking easement and a parking plan.
(03:53:50)
Public Hearing Closed.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 12
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To uphold the Planning Commission’s decision to approve the
Conditional Use Permit (CUP) for a microbrewery with a tasting room and outdoor
patio area (Salty Bear Brewery) by adoption of Resolution No. 17-73 and with the
following revisions to the conditions of approval: In the event the City establishes a
parking district in this area, the applicant shall participate in the amount consistent
with the onsite parking deficiency, if any. The applicant shall, in good faith, pursue a
recorded reciprocal pedestrian access agreement between 2948 Randolph Avenue
and 2937 Bristol Street. Within one year of operation, the owner of 2948 Randolph
Avenue shall provide proof of a reciprocal pedestrian access agreement between
the two aforementioned addresses or evidence of the inability to record such an
agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis, and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council upheld the Planning Commission’s decision to approve the
Conditional Use Permit (CUP) for a microbrewery with a tasting room and outdoor
patio area (Salty Bear Brewery) by adoption of Resolution No. 17-73 and with the
following revisions to the conditions of approval: In the event the City establishes a
parking district in this area, the applicant shall participate in the amount consistent
with the onsite parking deficiency, if any. The applicant shall, in good faith, pursue a
recorded reciprocal pedestrian access agreement between 2948 Randolph Avenue
and 2937 Bristol Street. Within one year of operation, the owner of 2948 Randolph
Avenue shall provide proof of a reciprocal pedestrian access agreement between
the two aforementioned addresses or evidence of the inability to record such an
agreement.
City Council recessed into a break at 10:07. (04:04:05)
City Council reconvened at 10:17 p.m. (04:14:10)
OLD BUSINESS: NONE
NEW BUSINESS: (04:14:17)
1. FORMATION OF A NEW ANIMAL SERVICES COMMITTEE (04:14:19)
Lt. Bakkila presented the staff report. (04:14:23)
Discussion ensued on the cost for a full-time Management Analyst. (04:17:28)
Mayor Pro Tem Genis spoke on the item. (04:23:37)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 13
Discussion ensued on deferring the decision on the Management Analyst to the
December City Council meeting; expanding the committee; and special expertise
in animal care requirement. (04:26:37)
Public Comments:
Helen Evers, spoke against the Orange County Humane Society (OCHS) and
supports the formation of a new Animal Services committee. (04:30:04)
Fred Bock Miller, Costa Mesa, spoke in support of a committee. (04:34:36)
Tim Lewis, Costa Mesa, spoke in support of a committee and to include business
owners; and spoke against hiring a Management Analyst. (04:36:01)
Bill McCarty, Costa Mesa, spoke in support of a committee. (04:38:52)
Flo Martin, Costa Mesa, spoke in support of a committee and the hiring of a new
Management Analyst. (04:39:29)
Bonnie Copeland, Costa Mesa, spoke against OCHS. (04:41:03)
Megan Morales, Costa Mesa, spoke in support of a committee. (04:42:26)
Beth Refakes, Costa Mesa, spoke in support of a committee and to include
business owners. (04:43:23)
Speaker, inquired on the contract and spoke on the issue. (04:45:50)
Public Comments Closed.
MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley
MOTION: To approve the formation of a new Animal Services committee of
seven regular members and two alternates that are Costa Mesa residents (two of
the members must have special expertise in animal care, but do not need to be
residents), and a City Council liaison, to evaluate animal care services provided
by the City of Costa Mesa; and to continue the budgeting of a new full-time
Management Analyst to the December City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 14
ACTION:
City Council approved the formation of a new Animal Services committee of
seven regular members and two alternates that are Costa Mesa residents, (two
of the members must have special expertise in animal care, but do not need to
be residents), and a City Council liaison, to evaluate animal care services
provided by the City of Costa Mesa; and continued the budgeting of a new full-
time Management Analyst to the December City Council meeting.
2. CHAMBER OF COMMERCE MEMBERSHIP DRIVE ASSISTANCE (04:53:11)
City Manager’s Office/Administration
Dan Baker, Assistant to the City Manager, presented the staff report. (04:53:17)
Mayor Pro Tem Genis spoke on the issue; and the City Attorney reviewing the insert.
(04:55:14)
Public Comments:
Tim Lewis, Costa Mesa, supports the item but against the City collecting funds for
the Chamber of Commerce. (04:58:21)
Speaker, spoke against the City collecting funds for the Chamber of Commerce.
(05:01:23)
Tom Johnson, President of the Cham ber of Commerce, spoke against political
statements. (05:02:19)
Eileen Benjamin, CEO of the Chamber of Commerce, spoke in support of the item;
and partnering with the City. (05:03:41)
Discussion ensued on providing a direct link and not having to be part of collecting
money; ballot statements; and sponsorships with the City. (05:06:25)
Beth Refakes, Costa Mesa, spoke in support of the item but against the City
collecting funds for the Chamber of Commerce. (05:10:29)
Anna Vrska, Costa Mesa, spoke in support of the item but against the City collecting
funds for the Chamber of Commerce. (05:11:55)
Jay Humphrey, Costa Mesa, spoke in support of the item but against the City
collecting funds for the Chamber of Commerce. (05:13:48)
Cynthia McDonald, Costa Mesa, spoke on Jennifer Farrell, former chair of the
Chamber of Commerce. (05:15:32)
Public Comments Closed.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 15
Discussion ensued on providing a link to becoming a member; Chamber of
Commerce’s Governmental Relations committee; and a termination clause.
(05:15:55)
Mayor Foley spoke in support of the motion. (05:27:48)
MOVED/SECOND: Council Member Stephens/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council authorized the City Manager to sign the Memorandum of
Understanding that authorizes the Chamber of Commerce to utilize the City’s
existing business license application process (both hardcopy and online) to
facilitate a yearlong chamber membership drive; and
2. Approved the insert that will be distributed in all new business license
certificate letters (approximately 160 per month).
3. CITY COUNCIL REORGANIZATION (05:28:15) - Office of the City Council
Council Member Stephens spoke on the issue. (05:28:25)
MOVED/SECOND: Council Member Stephens/Mayor Foley (05:34:49)
MOTION: To remove the item from the agenda.
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
(05:35:18)
SUBSTITUTE MOTION: To proceed with the appointment of a new Mayor.
Discussion ensued on Measure EE and the term and appointment of the Mayor.
(05:35:18)
Public Comments:
Speaker, representing the Sierra Club Orange County and Orange County League
of Conservation Voters, spoke against the appointment of a new Mayor. (05:44:50)
Bill McCarty, Costa Mesa, spoke against the appointment of a new Mayor.
(05:46:07)
Kimberly Claire, Costa Mesa, spoke against the appointment of a new Mayor.
(05:47:55)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 16
Tim Taber, Costa Mesa, spoke against the appointment of a new Mayor. (05:49:55)
Clay Everson, Costa Mesa, spoke against the appointment of a new Mayor.
(05:50:47)
Jay Humphrey, Costa Mesa, spoke against the appointment of a new Mayor.
(05:52:16)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis (05:55:00)
MOTION: To continue the meeting past midnight.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Genis and Mayor Foley.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved to continue the meeting past midnight.
Speaker, Union organizer, spoke against the appointment of a new Mayor.
(05:55:28)
Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (05:56:36)
Russell Baldwin, Costa Mesa, spoke against the appointment of a new Mayor.
(05:58:20)
Omar Siddiqui, Costa Mesa, spoke against the appointment of a new Mayor.
(05:59:10)
Bonnie Copeland, Costa Mesa, spoke against the appointment of a new Mayor.
(06:02:14)
Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:03:48)
Howard Lee, Costa Mesa, spoke against the appointment of a new Mayor.
(06:04:28)
Sue Lester, Costa Mesa, spoke on the issue. (06:06:57)
Liz McNabb, Costa Mesa, spoke against the appointment of a new Mayor.
(06:10:17)
Doug Whittamore, Costa Mesa, spoke against the appointment of a new Mayor.
(06:11:23)
Joyce McNabb, Costa Mesa, spoke against the appointment of a new Mayor.
(06:13:21)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 17
Cindy Brenneman, Costa Mesa, spoke against the appointment of a new Mayor.
(06:14:57)
Andrea Marr, Costa Mesa, spoke against the appointment of a new Mayor.
(06:16:40)
Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:18:02)
Gay Royer, Costa Mesa, spoke against the appointment of a new Mayor. (06:20:41)
Megan Morales, Costa Mesa, spoke against the appointment of a new Mayor.
(06:21:57)
Rachel Perry, Costa Mesa, spoke against the appointment of a new Mayor.
(06:23:08)
Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:24:26)
Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:26:52)
Jason Webster, Costa Mesa, spoke against the appointment of a new Mayor.
(06:27:45)
Leah Ersoylu, Costa Mesa, spoke against the appointment of a new Mayor.
(06:28:40)
Kathleen Andrews, Newport Beach, spoke against the appointment of a new Mayor.
(06:29:20)
Terry Koken, Costa Mesa, spoke against the appointment of a new Mayor.
(06:31:27)
Wendy Leece, Costa Mesa, spoke to receive and file. (06:33:03)
Martin Deitrich, spoke against the appointment of a new Mayor. (06:34:00)
Tim Johnson, spoke against the appointment of a new Mayor. (06:36:13)
Jennifer Muir Beuthin, General Manager of the Orange County Employees
Association, spoke against the appointment of a new Mayor. (06:36:48)
Dana Ransom, Costa Mesa, spoke against the appointment of a new Mayor.
(06:40:00)
Speaker, spoke against the appointment of a new Mayor. (06:41:02)
Speaker, spoke in support of the item. (06:42:34)
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 18
Barrie Fisher, Costa Mesa, spoke in support of the item. (06:44:58)
Speaker, spoke on the issue. (06:47:32)
Speaker, spoke against the appointment of a new Mayor. (06:47:56)
Cynthia McDonald, Costa Mesa, spoke against the appointment of a new Mayor.
(06:50:18)
Darlene Stinson, Costa Mesa, spoke against the appointment of a new Mayor.
(06:53:08)
Casey Swanson, Costa Mesa, spoke against the appointment of a new Mayor.
(06:55:38)
Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:56:39)
Speaker, spoke against the appointment of a new Mayor. (06:59:04)
Dr. Nina Reich, Costa Mesa, spoke against the appointment of a new Mayor.
(07:00:18)
Michelle Mullen, Costa Mesa, spoke against the appointment of a new Mayor.
(07:02:07)
Flo Martin, Costa Mesa, spoke against the appointment of a new Mayor. (07:04:32)
Speaker, spoke against the appointment of a new Mayor. (07:05:37)
Jessie Pierce, Costa Mesa, spoke against the appointment of a new Mayor.
(07:08:08)
Public Comments Closed.
MOVED/SECOND: Council Member Stephens/Mayor Foley
MOTION: To receive and file.
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
SUBSTITUTE MOTION: To proceed with the appointment of a new Mayor.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Pro
Tem Genis
Nays: Council Member Stephens and Mayor Foley
Absent: None
Motion carried: 3-2
ACTION:
City Council proceeded with the appointment of a new Mayor.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 19
Council Member Foley spoke on being the Mayor. (07:09:56)
(a) Nominations for Mayor (07:15:55)
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To nominate Sandra Genis as Mayor.
MOVED/SECOND: Council Member Righeimer/Council Member Mansoor
MOTION: To close the nomination period for Mayor.
Council Member Mansoor spoke in support of the motion. (07:16:36)
Council Member Stephens spoke against the motion. (07:17:55)
Mayor Pro Tem Genis spoke on the issue. (07:18:28)
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Pro
Tem Genis
Nays: Council Member Foley and Council Member Stephens
Absent: None
Motion carried: 3-2
ACTION:
City Council approved Sandra Genis as the new Mayor.
(b) Nominations for Mayor Pro Tem (07:21:34)
MOVED/SECOND: Council Member Righeimer/Mayor Genis
MOTION: To nominate Allan R. Mansoor as the new Mayor Pro Tem.
MOVED/SECOND: Council Member Righeimer/Mayor Genis
MOTION: To close the nomination period for Mayor Pro Tem.
The motion carried by the following roll call vote:
Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Genis
Nays: Council Member Foley and Council Member Stephens
Absent: None
Motion carried: 3-2
ACTION:
City Council approved Allan Mansoor as the new Mayor Pro Tem.
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MINUTES – Costa Mesa City Council Regular Meeting – November 7, 2017 – PAGE 20
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (07:23:00) – NONE
REPORT – CITY MANAGER (07:23:06) - NONE
REPORT – CITY ATTORNEY (07:23:11) - NONE
ADJOURNMENT - The Mayor adjourned the meeting at 1:26 a.m. in memory of the
victims of the Church shooting in Sutherland Springs, Texas.
Minutes adopted on this 2nd day of January, 2018.
___________________________
Sandra L. Genis, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 1
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
NOVEMBER 21, 2017
CALL TO ORDER
The Special Closed Session was called to order by the Mayor at 5:03 p.m. in the
Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor and Mayor Genis.
Absent: None
PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS – NONE
The City Council recessed to Conference Room 5A at 5:04 p.m. for Special Closed
Session to consider the following items:
1. PUBLIC EMPLOYMENT, REQUEST FOR SPECIAL LEAVE OF ABSENCE
Pursuant to Subdivision (b)(1) of Section 54957, California Government Code
2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
INITIATION OF LITIGATION – 1 POTENTIAL CASE
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
The City Council reconvened at 6:05 p.m.
CALL TO ORDER (00:00:13)
The meeting was called to order by the Mayor at 6:05 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:34) Council Member Foley
MOMENT OF SOLEMN EXPRESSION (00:00:50) – Mayor Genis
ROLL CALL (00:01:24)
Present: Council Member Foley Council Member Righeimer, Council Member
Stephens, Mayor Pro Mansoor, and Mayor Genis.
Absent: None
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 2
Officials Present: City Manager Tom Hatch, Deputy City Attorney Tarquin Preziosi,
Assistant City Manager Tamara Letourneau, Development Services Director Barry
Curtis, Public Services Director Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:01:38) – NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS (00:02:02)
“Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:04:37)
1. Mr. Andrew Nelson from Red Oak Investments made a presentation on the Shepard
Fairey mural installation and presented the City Council with a print of the mural that
will be displayed at City Hall. (00:04:48)
2. City of Costa Mesa Open Budget – City Manager Hatch spoke on Open Budget
Costa Mesa, the new web based program and showed a video of how the system
works. Interim Finance Director spoke on the system and thanked the staff involved
in the process. (00:20:10)
PUBLIC COMMENTS (00:33:03)
Bill McCarty, Costa Mesa, spoke in support of Council Member Foley. (00:33:30)
Steven Chan, Costa Mesa, spoke on rescinding the six voting districts; campaign
finance reform; and the Holiday club. (00:34:53)
Tom Pollitt, Costa Mesa, spoke on the unfunded pension liability; Police Mobile
Command Center; and the budget. (00:38:26)
Flo Martin, Costa Mesa, spoke on attending City Council meetings and respect.
(00:40:35)
Reggie Mundekis, Orange, spoke on the Orange County Fairgrounds issues. (00:42:59)
Charles Mooney, Costa Mesa, spoke in support of Council Member Foley. (00:45:24)
Anna Vrska, Costa Mesa, spoke on rescinding the six voting districts; the Fairgrounds
Master Plan; inquired on the status of the City Attorney performance evaluation and an
ethics policy; and the Vanguard University property. (00:45:50)
Sylvia Hatton, Costa Mesa, spoke in support of Council Member Foley. (00:48:57)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 3
Jay Humphrey, Costa Mesa, spoke on rescinding the six voting districts; and the
activities at the OC Fairgrounds. (00:49:30)
Liz McNabb, Costa Mesa, spoke in support of Council Member Foley. (00:52:35)
Karl Ahlf, Costa Mesa, spoke in support of Council Member Foley. (00:54:11)
Speaker, spoke on representation; and rescinding the six voting districts. (00:55:33)
Beth Refakes, Costa Mesa, spoke on behalf of the Military Affairs committee and the toy
drive and thanked the citizen who makes Christmas cards for the veterans and the
active military. (00:58:02)
Sue Lester, spoke on City Council issues, transparency, and treating people fairly.
(01:00:17)
Susan Meyer, Costa Mesa, spoke in support of Council Member Foley. (01:03:31)
Speaker, spoke on a variety of issues. (01:04:19)
Robin Leffler, Costa Mesa, spoke on rescinding the six districts; and spoke on civility on
the dais and chambers; and requested a moratorium on the Small Lot Ordinance and
overlays. (01:06:46)
Barrie Fisher, Costa Mesa, spoke on reporting group home issues and nuisances.
(01:08:50)
Mary Ellen Goddard, Costa Mesa, spoke on City Council issues and the reorganization.
(01:12:07)
Speaker, spoke on the City Council reorganization; and the Harbor Medians project.
(01:14:10)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(01:18:14)
Council Member Foley spoke on Sober Living Home issues, reporting nuisances, and
the Association of California Cities Orange County (ACCOC) contingent going to
Washington D.C. to lobby on the issue; provided an update on the Pacific Avenue and
Fairview Park issues; reported on her attendance at the MET grand opening; requested
an update on street improvement plans; and thanked everyone for the kind comments.
(01:18:31)
Mayor Genis spoke on Sober Living Home issues and pursuing nuisance laws;
requested an update on changing Measure EE; spoke on OC Fairgrounds issues; and
City web page translated to other languages. (01:23:40)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 4
Council Member Stephens thanked Council Member Foley, staff, the MET, LA Times
building, City of the Arts, and the first responders. (01:26:38)
Council Member Righeimer spoke on the City Council reorganization; and the City
Manager Form of Government. (01:29:48)
Mayor Pro Tem Mansoor spoke on airport issues and a possibility of a joint noise study
with Huntington Beach; a possibility of a consultant; and sending a letter to Jet Blue
regarding the noise. (01:35:11)
Council Member Foley left the Council Chambers at 7:41 p.m. and returned at 7:44 p.m.
CONSENT CALENDAR (01:37:22)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 5
except for 2 and 4.
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: None
Absent: Council Member Foley
Motion carried: 4-0-1
1. READING FOLDER - Claims received by the City Clerk: Sydney Gielow, Kip
Hancock and Jayne Kacer.
ACTION:
City Council received and filed.
3. MEASURE M2 EXPENDITURE REPORT
ACTION:
City Council adopted Resolution No. 17-74, approving the Measure M2
Expenditure Report.
5. MESA VERDE MEDIAN LANDSCAPE AND IRRIGATION IMPROVEMENTS
PROJECT - CITY PROJECT NO. 16-19 (01:43:00)
Public Comments:
Speaker, spoke on the project. (01:43:04)
ACTION:
1. City Council accepted the work performed by KASA Construction, Inc. and
authorized the City Clerk to file the Notice of Completion; and
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 5
2. Authorized release of the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the filing
date; and release of the retention monies 35 days after the Notice of
Completion filing date.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2587 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-21 “A” FOR $76.88;
AND 17-22 FOR $2,348,508.46; AND CITY OPERATING EXPENSES FOR
$2,390,718.67; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID (01:37:55)
Public Comments:
Speaker, requested Council Member Righeimer to recuse himself from voting on
the item. (01:38:14)
Public Comments Closed.
Council Member Righeimer spoke on not recusing himself from the item.
(01:41:30)
MOVED/SECOND: Mayor Pro Tem Mansoor/Mayor Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2587.
4. WEST BAY STREET IMPROVEMENTS PROJECT- CITY PROJECT NO. 17-06
(CDBG) (01:41:59)
No public comments on the item.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 6
Motion carried: 5-0
ACTION:
1. City Council accepted the work performed by Copp Contracting, Inc. and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the filing
date; and release of the retention monies 35 days after the Notice of Completion
filing date.
PUBLIC HEARINGS – 7:00 p.m. (Resolution No. 05-55): (01:44:45)
1. EXTENSION OF URGENCY ORDINANCE NO. 17-04 TO ADOPT CODE
AMENDMENT CO-16-06 AMENDING AND RENAMING ARTICLE 20
(MARIJUANA AND/OR MEDICAL MARIJUANA USES AND ACTIVITIES) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS) OF TITLE 13 (PLANNING,
ZONING AND DEVELOPMENT), SECTIONS 13-200.84, 13-200.86 AND 13-
200.87, RELATING TO CULTIVATION OF MARIJUANA AND CERTAIN
MARIJUANA RELATED USES (01:44:50)
Barry Curtis, Economic and Development Services Director, presented the staff
report. (01:45:37)
Discussion ensued on the public nuisance per se clause. (01:47:58)
Public Hearing Opened:
Jay Humphrey, Costa Mesa, spoke on marijuana activities at the OC Fairgrounds.
(01:50:55)
Speaker, spoke on illegal marijuana dispensaries. (01:52:50)
Speaker, spoke on illegal marijuana dispensaries in Costa Mesa. (01:55:00)
Karl Ahlf, Costa Mesa, spoke on the issue. (01:55:59)
Public Hearing Closed.
Council Member Righeimer spoke on bringing back a report for City Council
consideration to add adult use wording to the ordinance. (01:47:58)
Discussion ensued on State Regulations and Measure X; and bringing back the
item to a future City Council meeting. (02:01:45)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 7
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: Introduce and adopt Ordinance No. 17-16, to be read by title only and
further reading waived, extending Urgency Ordinance No. 17-04 and with the
following revised language to the ordinance: “and will remain a public nuisance
per se unless and until such use and/or activity is allowed by an ordinance of the
City” and approved the Report of the City Council regarding the extension
thereof.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council introduced and adopted Ordinance No. 17-16, read by title only and
further reading waived, extending Urgency Ordinance No. 17-04 and with the
following revised language to the ordinance: “and will remain a public nuisance
per se unless and until such use and/or activity is allowed by an ordinance of the
City” and approved the Report of the City Council regarding the extension
thereof.
2. PUBLIC HEARING FOR THE VACATION OF A PORTION OF SIDEWALK AND
LANDSCAPE EASEMENT AT 585 AND 595 ANTON BOULEVARD (02:05:47)
Raja Sethuraman, Public Services Director, presented the staff report. (02:05:59)
Public Hearing Opened:
Robin Leffler, Costa Mesa, spoke on compensation. (02:08:10)
Public Hearing Closed.
MOVED/SECOND: Council Member Foley/Mayor Pro Tem Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council adopted Resolution No. 17-75, ordering the vacation of a portion of
Sidewalk and Landscape Easement at 585 and 595 Anton Boulevard; and
2. Authorized execution of the Quitclaim Deed by the Mayor and the City Clerk.
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 8
3. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM
(02:09:39)
Jennifer Rosales, Transportation Services Manager, presented the staff report.
(02:10:08)
Council Member Stephens requested clarification regarding incentives on new
developments and data on incentives. (02:13:50)
Discussion ensued on the incentive program. (02:14:34)
Public Hearing Opened:
Robin Leffler, Costa Mesa, spoke on not allowing blanket exemptions to small
businesses. (02:22:20)
Public Hearing Closed.
MOVED/SECOND: Council Member Righeimer/Mayor Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council adopted Resolution No. 17-76 and approved the recommendations by
the Traffic Impact Fee Ad Hoc Committee and staff as follows:
1. Continue the current traffic impact fee of $181 per Average Daily Trip (ADT);
and
2. Continue the incentive program for new developments by assessing traffic
impact fees on an incremental basis for the first 100 trips; and
3. Approve the annual accounting of the Citywide Traffic Impact Fee Program.
OLD BUSINESS: NONE
NEW BUSINESS: NONE
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (02:23:32)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 9
Council Member Righeimer spoke on having six districts and a directly elected mayor.
(02:23:36)
Council Member Foley spoke on an e-mail to City Manager Hatch; working with staff;
City Council; and serving. (02:26:40)
Mayor Genis spoke on vacant City positions and vacation allowances for new
employees. (02:29:07)
Council Member Stephens and Council Member Foley left the Council Chambers at
8:36 p.m. (02:30:44)
REPORT – CITY MANAGER (02:32:16) - NONE
REPORT – CITY ATTORNEY (02:32:23) - NONE
ADJOURNMENT (02:32:26) - The Mayor adjourned the meeting at 8:37 p.m.
Minutes adopted on this 2nd day of January, 2018.
___________________________
Sandra L. Genis, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 1
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
NOVEMBER 21, 2017
CALL TO ORDER
The Special Closed Session was called to order by the Mayor at 5:03 p.m. in the
Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Present: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor and Mayor Genis.
Absent: None
PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS – NONE
The City Council recessed to Conference Room 5A at 5:04 p.m. for Special Closed
Session to consider the following items:
1. PUBLIC EMPLOYMENT, REQUEST FOR SPECIAL LEAVE OF ABSENCE
Pursuant to Subdivision (b)(1) of Section 54957, California Government Code
2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
INITIATION OF LITIGATION – 1 POTENTIAL CASE
Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code
The City Council reconvened at 6:05 p.m.
CALL TO ORDER (00:00:13)
The meeting was called to order by the Mayor at 6:05 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:34) Council Member Foley
MOMENT OF SOLEMN EXPRESSION (00:00:50) – Mayor Genis
ROLL CALL (00:01:24)
Present: Council Member Foley Council Member Righeimer, Council Member
Stephens, Mayor Pro Mansoor, and Mayor Genis.
Absent: None
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 2
Officials Present: City Manager Tom Hatch, Deputy City Attorney Tarquin Preziosi,
Assistant City Manager Tamara Letourneau, Development Services Director Barry
Curtis, Public Services Director Raja Sethuraman, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:01:38) – NONE
COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE
ANNOUNCEMENTS (00:02:02)
“Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:04:37)
1. Mr. Andrew Nelson from Red Oak Investments made a presentation on the Shepard
Fairey mural installation and presented the City Council with a print of the mural that
will be displayed at City Hall. (00:04:48)
2. City of Costa Mesa Open Budget – City Manager Hatch spoke on Open Budget
Costa Mesa, the new web based program and showed a video of how the system
works. Interim Finance Director spoke on the system and thanked the staff involved
in the process. (00:20:10)
PUBLIC COMMENTS (00:33:03)
Bill McCarty, Costa Mesa, spoke in support of Council Member Foley. (00:33:30)
Steven Chan, Costa Mesa, spoke on rescinding the six voting districts; campaign
finance reform; and the Holiday club. (00:34:53)
Tom Pollitt, Costa Mesa, spoke on the unfunded pension liability; Police Mobile
Command Center; and the budget. (00:38:26)
Flo Martin, Costa Mesa, spoke on attending City Council meetings and respect.
(00:40:35)
Reggie Mundekis, Orange, spoke on the Orange County Fairgrounds issues. (00:42:59)
Charles Mooney, Costa Mesa, spoke in support of Council Member Foley. (00:45:24)
Anna Vrska, Costa Mesa, spoke on rescinding the six voting districts; the Fairgrounds
Master Plan; inquired on the status of the City Attorney performance evaluation and an
ethics policy; and the Vanguard University property. (00:45:50)
Sylvia Hatton, Costa Mesa, spoke in support of Council Member Foley. (00:48:57)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 3
Jay Humphrey, Costa Mesa, spoke on rescinding the six voting districts; and the
activities at the OC Fairgrounds. (00:49:30)
Liz McNabb, Costa Mesa, spoke in support of Council Member Foley. (00:52:35)
Karl Ahlf, Costa Mesa, spoke in support of Council Member Foley. (00:54:11)
Speaker, spoke on representation; and rescinding the six voting districts. (00:55:33)
Beth Refakes, Costa Mesa, spoke on behalf of the Military Affairs committee and the toy
drive and thanked the citizen who makes Christmas cards for the veterans and the
active military. (00:58:02)
Sue Lester, spoke on City Council issues, transparency, and treating people fairly.
(01:00:17)
Susan Meyer, Costa Mesa, spoke in support of Council Member Foley. (01:03:31)
Speaker, spoke on a variety of issues. (01:04:19)
Robin Leffler, Costa Mesa, spoke on rescinding the six districts; and spoke on civility on
the dais and chambers; and requested a moratorium on the Small Lot Ordinance and
overlays. (01:06:46)
Barrie Fisher, Costa Mesa, spoke on reporting group home issues and nuisances.
(01:08:50)
Mary Ellen Goddard, Costa Mesa, spoke on City Council issues and the reorganization.
(01:12:07)
Speaker, spoke on the City Council reorganization; and the Harbor Medians project.
(01:14:10)
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
(01:18:14)
Council Member Foley spoke on Sober Living Home issues, reporting nuisances, and
the Association of California Cities Orange County (ACCOC) contingent going to
Washington D.C. to lobby on the issue; provided an update on the Pacific Avenue and
Fairview Park issues; reported on her attendance at the MET grand opening; requested
an update on street improvement plans; and thanked everyone for the kind comments.
(01:18:31)
Mayor Genis spoke on Sober Living Home issues and pursuing nuisance laws;
requested an update on changing Measure EE; spoke on OC Fairgrounds issues; and
City web page translated to other languages. (01:23:40)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 4
Council Member Stephens thanked Council Member Foley, staff, the MET, LA Times
building, City of the Arts, and the first responders. (01:26:38)
Council Member Righeimer spoke on the City Council reorganization; and the City
Manager Form of Government. (01:29:48)
Mayor Pro Tem Mansoor spoke on airport issues and a possibility of a joint noise study
with Huntington Beach; a possibility of a consultant; and sending a letter to Jet Blue
regarding the noise. (01:35:11)
Council Member Foley left the Council Chambers at 7:41 p.m. and returned at 7:44 p.m.
CONSENT CALENDAR (01:37:22)
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 5
except for 2 and 4.
The motion carried by the following roll call vote:
Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem
Mansoor, and Mayor Genis.
Nays: None
Absent: Council Member Foley
Motion carried: 4-0-1
1. READING FOLDER - Claims received by the City Clerk: Sydney Gielow, Kip
Hancock and Jayne Kacer.
ACTION:
City Council received and filed.
3. MEASURE M2 EXPENDITURE REPORT
ACTION:
City Council adopted Resolution No. 17-74, approving the Measure M2
Expenditure Report.
5. MESA VERDE MEDIAN LANDSCAPE AND IRRIGATION IMPROVEMENTS
PROJECT - CITY PROJECT NO. 16-19 (01:43:00)
Public Comments:
Speaker, spoke on the project. (01:43:04)
ACTION:
1. City Council accepted the work performed by KASA Construction, Inc. and
authorized the City Clerk to file the Notice of Completion; and
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 5
2. Authorized release of the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the filing
date; and release of the retention monies 35 days after the Notice of
Completion filing date.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
2. WARRANT RESOLUTION NO. 2587 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-21 “A” FOR $76.88;
AND 17-22 FOR $2,348,508.46; AND CITY OPERATING EXPENSES FOR
$2,390,718.67; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME
ARE TO BE PAID (01:37:55)
Public Comments:
Speaker, requested Council Member Righeimer to recuse himself from voting on
the item. (01:38:14)
Public Comments Closed.
Council Member Righeimer spoke on not recusing himself from the item.
(01:41:30)
MOVED/SECOND: Mayor Pro Tem Mansoor/Mayor Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2587.
4. WEST BAY STREET IMPROVEMENTS PROJECT- CITY PROJECT NO. 17-06
(CDBG) (01:41:59)
No public comments on the item.
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 6
Motion carried: 5-0
ACTION:
1. City Council accepted the work performed by Copp Contracting, Inc. and
authorized the City Clerk to file the Notice of Completion; and
2. Authorized release of the Labor and Material Bond seven (7) months after the
filing date; release of the Faithful Performance Bond one (1) year after the filing
date; and release of the retention monies 35 days after the Notice of Completion
filing date.
PUBLIC HEARINGS – 7:00 p.m. (Resolution No. 05-55): (01:44:45)
1. EXTENSION OF URGENCY ORDINANCE NO. 17-04 TO ADOPT CODE
AMENDMENT CO-16-06 AMENDING AND RENAMING ARTICLE 20
(MARIJUANA AND/OR MEDICAL MARIJUANA USES AND ACTIVITIES) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS) OF TITLE 13 (PLANNING,
ZONING AND DEVELOPMENT), SECTIONS 13-200.84, 13-200.86 AND 13-
200.87, RELATING TO CULTIVATION OF MARIJUANA AND CERTAIN
MARIJUANA RELATED USES (01:44:50)
Barry Curtis, Economic and Development Services Director, presented the staff
report. (01:45:37)
Discussion ensued on the public nuisance per se clause. (01:47:58)
Public Hearing Opened:
Jay Humphrey, Costa Mesa, spoke on marijuana activities at the OC Fairgrounds.
(01:50:55)
Speaker, spoke on illegal marijuana dispensaries. (01:52:50)
Speaker, spoke on illegal marijuana dispensaries in Costa Mesa. (01:55:00)
Karl Ahlf, Costa Mesa, spoke on the issue. (01:55:59)
Public Hearing Closed.
Council Member Righeimer spoke on bringing back a report for City Council
consideration to add adult use wording to the ordinance. (01:47:58)
Discussion ensued on State Regulations and Measure X; and bringing back the
item to a future City Council meeting. (02:01:45)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 7
MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Mansoor
MOTION: Introduce and adopt Ordinance No. 17-16, to be read by title only and
further reading waived, extending Urgency Ordinance No. 17-04 and with the
following revised language to the ordinance: “and will remain a public nuisance
per se unless and until such use and/or activity is allowed by an ordinance of the
City” and approved the Report of the City Council regarding the extension
thereof.
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council introduced and adopted Ordinance No. 17-16, read by title only and
further reading waived, extending Urgency Ordinance No. 17-04 and with the
following revised language to the ordinance: “and will remain a public nuisance
per se unless and until such use and/or activity is allowed by an ordinance of the
City” and approved the Report of the City Council regarding the extension
thereof.
2. PUBLIC HEARING FOR THE VACATION OF A PORTION OF SIDEWALK AND
LANDSCAPE EASEMENT AT 585 AND 595 ANTON BOULEVARD (02:05:47)
Raja Sethuraman, Public Services Director, presented the staff report. (02:05:59)
Public Hearing Opened:
Robin Leffler, Costa Mesa, spoke on compensation. (02:08:10)
Public Hearing Closed.
MOVED/SECOND: Council Member Foley/Mayor Pro Tem Mansoor
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council adopted Resolution No. 17-75, ordering the vacation of a portion of
Sidewalk and Landscape Easement at 585 and 595 Anton Boulevard; and
2. Authorized execution of the Quitclaim Deed by the Mayor and the City Clerk.
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 8
3. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM
(02:09:39)
Jennifer Rosales, Transportation Services Manager, presented the staff report.
(02:10:08)
Council Member Stephens requested clarification regarding incentives on new
developments and data on incentives. (02:13:50)
Discussion ensued on the incentive program. (02:14:34)
Public Hearing Opened:
Robin Leffler, Costa Mesa, spoke on not allowing blanket exemptions to small
businesses. (02:22:20)
Public Hearing Closed.
MOVED/SECOND: Council Member Righeimer/Mayor Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Righeimer, Council Member
Stephens, Mayor Pro Tem Mansoor, and Mayor Genis.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council adopted Resolution No. 17-76 and approved the recommendations by
the Traffic Impact Fee Ad Hoc Committee and staff as follows:
1. Continue the current traffic impact fee of $181 per Average Daily Trip (ADT);
and
2. Continue the incentive program for new developments by assessing traffic
impact fees on an incremental basis for the first 100 trips; and
3. Approve the annual accounting of the Citywide Traffic Impact Fee Program.
OLD BUSINESS: NONE
NEW BUSINESS: NONE
ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS (02:23:32)
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MINUTES – Costa Mesa City Council Regular Meeting – November 21, 2017 – PAGE 9
Council Member Righeimer spoke on having six districts and a directly elected mayor.
(02:23:36)
Council Member Foley spoke on an e-mail to City Manager Hatch; working with staff;
City Council; and serving. (02:26:40)
Mayor Genis spoke on vacant City positions and vacation allowances for new
employees. (02:29:07)
Council Member Stephens and Council Member Foley left the Council Chambers at
8:36 p.m. (02:30:44)
REPORT – CITY MANAGER (02:32:16) - NONE
REPORT – CITY ATTORNEY (02:32:23) - NONE
ADJOURNMENT (02:32:26) - The Mayor adjourned the meeting at 8:37 p.m.
Minutes adopted on this 2nd day of January, 2018.
___________________________
Sandra L. Genis, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk