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Home My WebLink About- - Agenda - 12/9/2014AGENDA –ADJOURNED REGULAR MEETING – December 9, 2014 – PAGE 1 v.1, 12/05/2014 AGENDA CITY OF COSTA MESA ADJOURNED REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 9, 2014 CITY COUNCIL CHAMBERS, 77 FAIR DRIVE CLOSED SESSION – 6:45 P.M. REGULAR MEETING – 7:00 P.M. STEPHEN M. MENSINGER Mayor JAMES M. RIGHEIMER SANDRA GENIS Mayor Pro Tem Council Member GARY MONAHAN KATRINA FOLEY Council Member Council Member City Attorney Chief Executive Officer Thomas Duarte Thomas R. Hatch Note regarding agenda-related writings or documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related writings or documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Binders containing these agenda-related documents are located in the Council Chambers lobby. In addition, such writings and documents may be posted—whenever possible or as part of the agenda—on the city’s website at www.costamesaca.gov. Your attendance at this public meeting is valued and appreciated. If you have questions regarding the agenda, public comments or wish to obtain copies of documents please contact the City Clerk office at (714)754-5225 or e-mail Brenda.Green@costamesaca.gov. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. AGENDA –ADJOURNED REGULAR MEETING – December 9, 2014 – PAGE 2 v.1, 12/05/2014 WELCOME TO THE CITY COUNCIL MEETING PUBLIC COMMENTS – MATTER NOT LISTED ON THE AGENDA: If you wish to address the City Council on a matter not on the agenda, please complete and submit a yellow speaker card to the City Clerk. Speaker cards must be submitted to the City Clerk either prior to the first Public Comment period or prior to the Continued Public Comment period . Up to ten speakers will be given time to address the City Council during the first Public Comment period following Presentations. The Continued Public Comment period will be held at the end of the agenda after Items Removed from Consent Calendar. Members of the public shall only address the City Council one time at any given meeting under either Public Comment period. Speakers may only complete one card per person. Each speaker is limited to three minutes. PUBLIC COMMENTS – MATTER LISTED ON THE AGENDA: If you wish to address the City Council on a matter listed on the agenda, please complete and submit a green speaker card to the City Clerk. Speaker cards must be submitted prior to the start of Public Comments on the item. Please identify which item on the agenda you would like to address. Each speaker is limited to three minutes. The speaker cards are located on the table at the entrance to the City Council Chamber. Please take notice that the order of scheduled agenda items may be modified by the Mayor or the City Council during the course of the meeting, so please stay alert. 1.Any written communications, photos, or other material for distribution to the City Council must be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO THE START OF THE MEETING. Any materials to be displayed on the overhead projector at the Council meeting must be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO THE START OF THE MEETING. 2.In accordance with Costa Mesa Municipal Code, Sec. 2-64 (1): No person in the audience shall engage in disorderly, disruptive, disturbing, delaying or boisterous conduct. 3.All cell phones and other electronic devices are to be turned off or set to vibrate . Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation. 4.In accordance with City Council Policy 000-11, and among other requirements, any video submitted for display at a public meeting must have been previously reviewed by staff to verify appropriateness for general audiences. A copy of this policy is available at City Hall during normal office hours. 5.Free Wi-Fi is available in the Council Chamber during the meetings. Two networks are available: council1 and council2. The password for either network is: cmcouncil. AGENDA –ADJOURNED REGULAR MEETING – December 9, 2014 – PAGE 3 v.1, 12/05/2014 CLOSED SESSION – 6:45 P.M. CALL TO ORDER ROLL CALL PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given three minutes to speak. 1.Conference with Legal Counsel – Potential Litigation: One Case, Pursuant to California Government Code Section 54956.9(d)(4). The City Council and Successor Agency to the Redevelopment Agency will recess to Conference Room 5A for Closed Session at the conclusion of public comments. REGULAR ADJOURNED MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY – 7 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE Council Member Foley ROLL CALL CITY ATTORNEY CLOSED SESSION REPORT COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) PUBLIC COMMENTS – MATTER NOT LISTED ON THE AGENDA: If you wish to address the City Council on a matter not on the agenda, please complete and submit a yellow speaker card to the City Clerk. Speaker cards must be submitted to the City Clerk either prior to the first Public Comment period or prior to the Continued Public Comment period. Up to ten speakers will be given time to address the City Council during the first Public Comment period following Presentations. The Continued Public Comment period will be held at the end of the agenda after Items Removed from Consent Calendar. Members of the public shall only address the City Council one time at any given meeting under either Public Comment period. Speakers may only complete one card per person. Each speaker is limited to three minutes. The three minute per speaker time limit may be extended for good cause by the Mayor or by a majority vote of City Council. Questions and comments made by public speakers may be addressed by the City Council during Council Comments or by the Chief Executive Officer during the CEO’s Report. COUNCIL MEMBERS’ REPORTS, COMMENTS, AND SUGGESTIONS 1.Council Member Foley 2. Council Member Genis 3.Council Member Monahan 4.Mayor Pro Tem Righeimer 5. Mayor Mensinger AGENDA –ADJOURNED REGULAR MEETING – December 9, 2014 – PAGE 4 v.1, 12/05/2014 REPORT – CHIEF EXECUTIVE OFFICER (CEO) NEW BUSINESS 1.REVIEW OF AGENCY REPORT ON MEDICAL MARIJUANA; TWO MEDICAL MARIJUANA INITIATIVE PETITIONS QUALIFYING FOR BALLOT; CONSIDERATION OF ADOPTING A NEW ORDINANCE, OR ORDERING ELECTION; CONSIDERATION OF CITY MEDICAL MARIJUNA MEASURE(S) At the November 18, 2014 City Council meeting, City Council ordered a report pursuant to Election Code § 9212 for two qualifying medical marijuana ballot initiatives, a report for a proposed City’s Medical Marijuana Ordinance, and a report on the City of Santa Ana’s recently passed Medical Marijuana Ordinance. The reports are attached for City Council consideration. RECOMMENDATION: 1. Staff recommends that the City Council approve (for each qualifying ballot initiative) one of the following options: a.Adopt the ordinance (for either initiative), without alteration (yet not recommended due to “Taxation Issues,” see attached 11/18/14 Report); or b.Order a special election (for either initiative), to be held pursuant to subdivision (a) of Election Code § 1405 [which states that the election for a municipal initiative that qualifies shall be held not less than 88 nor more than 103 days after the date of the order of election], at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city; or c.Order a regular election (for either initiative), to be consolidated with the next “regularly scheduled general election for members of the governing body of the local government,” pursuant to Art XIII C § 2(b) of the California Constitution, which would be November 8, 2016; and 2. The City Council may consider taking action on the City Measure to Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation as proposed on August 5, 2014, or an amended version of that prior Measure. CONTINUED PUBLIC COMMENTS REPORT – CITY ATTORNEY ADJOURNMENT – To Regular Meeting – January 6, 2015 at 5:00 p.m.