HomeMy WebLinkAbout03/15/2016 - City Council-Housing Authority-Successor AgencyREGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — 5:45 P.M.
March 15, 2016
CALL TO ORDER
The Special Closed Session meeting was called to order by the Mayor at 4:45 p.m. in
the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Mensinger, Mayor Pro Tem Righeimer (arrived
at 4:49 p.m.), Council Member Foley, and Council
Member Genis
Council Members Absent: Council Member Monahan
PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE
SPECIAL CLOSED SESSION
The City Council recessed into Closed Session at 4:49 p.m. to consider the following
item:
Item #2 was withdrawn and not discussed.
1. Conference with legal counsel regarding anticipated litigation, significant
exposure to litigation pursuant to California Government Code Section
54956.9(d)(2) for 1 potential case — Correspondence received regarding Voting
Rights Act.
2. Conference with legal counsel regarding existing litigation: Timothy Dadey, et al.
v. City of Costa Mesa, Superior Court of California, County of Orange, Case No.
30-2014-00757962-CU-CR-CJC, pursuant to California Government Code
Section 54956.9(d)(2).
3. Conference with legal counsel regarding existing litigation: Solid Landings
Behavioral Health, Inc.; and Sure Haven, Inc. in its own name and dba Rock
Solid Recovery; FPS, LLC: Stephen Fennelly; and Elizabeth Perry v. City of
Costa Mesa, District Court for the Central District of California, Case No. 8:14-cv-
01838-JVS-JCG, pursuant to California Government Code Section
54956.9(d)(2).
4. Conference with legal counsel regarding existing litigation: Solid Landings
Behavioral Health, Inc.; and Sure Haven, Inc. and Rock Solid Recovery v. City of
Costa Mesa, Orange County Superior Court, Case No. 30-2015-00815218-CU-
WM-CJC, pursuant to California Government Code Section 54956.9(d)(2).
The City Council reconvened at 5:45 p.m.
Minutes — Regular Meeting — March 15, 2016 - Page 1
CALL TO ORDER (00:00:11)
The meeting was called to order by the Mayor at 5:45 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE (00:00:20) — Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:00:47)
Father Michael Hanifin, St. Joachim Catholic Church, Costa Mesa
ROLL CALL (00:02:25)
Present: Council Member Foley, Council Member Genis, Council Member
Monahan (arrived at 6:15 p.m.), Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte,
Assistant Chief Executive Officer Rick Francis, Assistant Chief Executive Tamara
Letourneau, Economic and Development Services Director Gary Armstrong, Public
Services Director Ernesto Munoz, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:02:38)
COIN: Council Members Ex Parte Communications pursuant to Municipal Code
Section 2-238(b) — NONE
City Attorney Tom Duarte stated in regards to Closed Session Item #1, that direction
was given, that there is no reportable action and Council Member Monahan was absent.
ANNOUNCEMENTS (00:03:27)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS: (00:06:46)
1. Mayor's Award —Kirk Bauermeister (00:06:48)
Kirk Bauermeister, Community Leader, accepted the Mayor's Award.
PUBLIC COMMENTS (00:15:50)
Speaker, spoke on a variety of issues. (00:16:31)
Minutes — Regular Meeting — March 15, 2016 - Page 2
Jay Humphrey, Costa Mesa, spoke on wildlife; and the Fairview Park Initiative.
(00:18:24)
Terry Koken, Costa Mesa, spoke regarding the Mayor. (00:19:43)
Kim Hendricks, Costa Mesa, spoke on public comments; and ambulance services.
(00:22:22)
Marshall Krupp, Costa Mesa, spoke on the trees being cut down at Providence Park
Community. (00:25:23)
Karl Ahlf, Costa Mesa, spoke on homeless issues. (00:28:44)
Jon Crawford, Costa Mesa, spoke on the transients and problems at Brentwood Park
and the need for lighting at the park. (00:29:45)
Katie Crawford, Costa Mesa, spoke on the transients and problems at Brentwood Park
and the need for lighting at the park. (00:33:01)
Speaker, spoke on pensions and development. (00:36:32)
Beth Rafakes, Costa Mesa, spoke on the Military Affairs Team Easter donations; OC
Fairgrounds groundbreaking for Military Museum; and the sign at the end of the 55
Freeway. (00:39:04)
Speaker, spoke on problems at Brentwood Park; and comments made by Planning
Commissioners. (00:41:42)
Cindy Brenneman, Costa Mesa, clarified comments regarding ambulance services.
(00:44:45)
Al Melone, Costa Mesa, spoke on the dog park. (00:47:49)
Speaker, spoke on a letter sent by the Costa Mesa Chamber of Commerce regarding
the initiative. (00:50:43)
Speaker, spoke on a fundraiser for Childhood Cancer; and closed session item
regarding Solid Landings. (00:52:26)
Speaker, spoke on the comments made on social media and patriotism. (00:55:28)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:57:39)
Mayor Pro Tem Righeimer spoke on voter's opinions and issues; ambulance services
and pensions; and Brentwood Park problems. (00:57:41)
Minutes — Regular Meeting — March 15, 2016 - Page 3
Mayor Mensinger spoke on adjourning the meeting in the memory of Edgar Baume.
(01:04:39)
Council Member Foley spoke on Brentwood Park maintenance and policing; the sign at
the end of 55 Freeway; requested data on personnel retention; spoke on comments
made at meetings and on social media. (01:05:14)
Council Member Genis spoke on comments made at meetings; fire personnel duties;
personnel retention; and grant funding. (01:12:36)
Council Member Monahan spoke on the Brentwood park problems; street sweeping
complaints; the Brown Act; and comments on social media. (01:16:43)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:19:02)
CEO Hatch reported on the National League of Cities Conference attended by the
Mayor, Tom Hatch and Kelly Shelton.
CONSENT CALENDAR (01:22:43)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 9
except for 2, 4, 6, 7 and 8.
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
1. READING FOLDER
a. Claims received by the City Clerk: Ulla J. Clair, and Nancy Smith.
ACTION:
City Council received and filed.
3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
ACTION:
City Council approved the minutes of March 1, 2016.
Minutes — Regular Meeting — March 15, 2016 - Page 4
5. COMMUNITY BASED TRANSIT CIRCULATOR PROGRAM APPLICATION
ACTION:
City Council adopted Resolution 16-11, approving the submittal of a grant
funding application for the Costa Mesa Transit Circulator Project under the
Orange County Transportation Authority's (OCTA) Measure M2 Project V —
Community Based Transit Circulator Program.
9. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SLAG) 2016 REGIONAL CONFERENCE
& GENERAL ASSEMBLY
ACTION:
City Council designated Council Member Genis as the delegate for the upcoming
Annual SCAG Regional Conference and General Assembly.
- - - - ----------------- END OF CONSENT CALENDAR -----------------------------------
OLD BUSINESS: NONE
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:24:36)
1. CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC
HEARING OF THE ADOPTION OF THE 2014-2018 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE
COSTA MESA POLICE ASSOCIATION (CMPA)
Mayor Mensinger and Mayor Pro Tem Righeimer recused themselves due to a
potential conflict of interest and stepped down from the dais and left the Council
Chambers. (01:23:48)
Staff report and PowerPoint presentation presented by Assistant CEO, Tamara
Letourneau and Human Resources Manager Lance Nakamoto. (01:24:43)
Public Comments:
Ralph Taboada, Costa Mesa, expressed concern with the MOU and requested
the Pension Committee to review and comment. (01:30:45)
Tom Pollitt, Costa Mesa, requested the Finance Committee to review and
comment; and spoke in opposition to the MOU. (01:34:00)
Speaker, spoke in support of the MOU. (01:38:11)
Richard Riva, Costa Mesa, spoke on cost containment for benefits and the cost
of non -sustainable pension benefits. (01:41:30)
Minutes — Regular Meeting — March 15, 2016 - Page 5
Cindy Brenneman, Costa Mesa, spoke in support of the MOU. (01:43:44)
Phil Morello, Costa Mesa, spoke in opposition to the MOU. (01:45:05)
John Hill, Costa Mesa, spoke in opposition to the MOU. (01:48:26)
Speaker, spoke on the deputy Sheriff's contract; and in support of the MOU.
(01:51:38)
Robin Leffler, Costa Mesa, spoke in support of the MOU and input from the
Finance and Pension Committees. (01:53:29)
Ivar Vasco, Costa Mesa, spoke on fiduciary responsibility; unfunded liability; and
spoke in opposition to the MOU. (01:55:36)
Wendy Leece, Costa Mesa, spoke in support of the MOU and on input from the
Finance and Pension Committees. (01:58:10)
Jay Humphrey, Costa Mesa, spoke in support of the MOU. (02:01:19)
Tamar Goldmann, Costa Mesa, spoke in support of the MOU. (02:03:50)
Public Hearing Closed at 7:50 p.m.
Council Member Monahan spoke on police recruitments; and options if not
approved. (02:05:40)
Council Member Genis spoke on the COIN analysis; and unfunded pension
liability. (02:09:54)
Interim Finance Director Stephen Dunivent spoke on the unfunded pension
liability. (02:10:54)
Discussion ensued on current PERS percentage rate; full analysis in Attachment
9; and actuaries not required by COIN. (02:14:11)
Human Resources Manager, Lance Nakamoto, explained contributions for the
two tiers; and top paid Orange County Police Officer's. (02:18:22)
Council Member Foley spoke on the tentative agreement and the risk of bad faith
negotiations. (02:21:17)
Minutes — Regular Meeting — March 15, 2016 - Page 6
Council Member Foley read into the record the memo received from Interim
Finance Director, Stephen Dunivent:
• The COIN fiscal analysis of the CMPA MOU is complete and meets the
requirements of the COIN ordinance.
• The fiscal impacts of each MOU term and condition are displayed on the
worksheet.
• Reference to the funded and unfunded liability is included in the last four
columns of the COIN fiscal analysis worksheet. As you know, many
variables affect these numbers in the future; the review of the proposed
MOU resulted in no factors that would be outside the scope of what PERS
has already built into their calculations of funded and unfunded liability.
Since the MOU results in no change to those amounts, the columns are
left blank.
• Actuarial services and completion of columns would be needed only when
proposed MOU provisions affect funded and unfunded liability which this
MOU does not.
• The fiscal analysis was reviewed and approved an outside CPA firm:
Lance Soll Lunghard LLP.
(02:24:01)
Council Member Monahan recommended Staff meet with Finance and Pension
Committees for their input. (02:33:35)
ACTION:
1. City Council held the first public hearing regarding the proposed 2014-2018
Memorandum of Understanding between the City of Costa Mesa and the
Costa Mesa Police Association; and
2. City Council scheduled the second public hearing on April 19, 2016 as
required by COIN.
City Council recessed at 8:20 p.m.
City Council reconvened at 8:30 p.m.
2. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ZONING
APPLICATION ZA-15-38 FOR A RELIGIOUS AND CULTURAL CENTER WITH
A DEVIATION FROM SHARED PARKING REQUIREMENTS AT 3184 AIRWAY
AVENUE, SUITE J (02:34:40)
Council Members Ex -Parte Communications:
Mayor Mensinger spoke with one of the applicant's representatives. (02:35:08)
Mayor Pro Tem Righeimer spoke with applicant. (02:35:10)
Minutes — Regular Meeting — March 15, 2016 - Page 7
Council Member Genis spoke with one of the applicant's representatives.
(02:35:16)
Council Member Foley had a meeting with the applicants and the applicant's
representatives. (02:35:19)
Council Member Monahan had no ex-parte communications. (02:35:22)
Staff report and PowerPoint presentation presented by Senior Planner, Mel Lee.
(02:35:29)
PowerPoint presentation presented by applicants: Nazum Karum, Alim
Rahemtolla, and Arthur Black with LSA Associates. (02:42:06)
Public Hearing Comments Opened. (03:03:17)
Ramzan Amid, spoke in support of the zoning application. (03:04:29)
Keith Rodenhuis, Costa Mesa, spoke in support of the zoning application.
(03:07:15)
Kim Josephson, Costa Mesa, spoke in opposition to the zoning application and to
uphold the denial by the Planning Commission. (03:09:51)
Mark Lim, Costa Mesa, spoke in opposition to the zoning application and to
uphold the denial by the Planning Commission. (03:12:30)
Ferzana Jessa, Irvine, spoke in support of the zoning application. (03:18:07)
Mike Howard, Costa Mesa, spoke in opposition to the zoning application and to
uphold the denial by the Planning Commission. (03:19:32)
Speaker, spoke in opposition to the zoning application and to uphold the denial
by the Planning Commission. (03:22:45)
Cindy Brenneman, Costa Mesa, spoke in opposition to the zoning application
and to uphold the denial by the Planning Commission. (03:24:53)
John Lotz, Costa Mesa, spoke in opposition to the zoning application and to
uphold the denial by the Planning Commission. (03:26:16)
Speaker, spoke in support of the zoning application. (03:29:46)
Public Comments Closed at 9:28 p.m.
Discussion ensued regarding speaker's names. (03:32:56)
Minutes — Regular Meeting — March 15, 2016 - Page 8
Rebuttal by applicants, Salim Rahemtulla. (03:33:21)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
MOTION: City Council uphold the Planning Commission's denial of Zoning
Application ZA-15-38.
SUBSTITUTE MOTION/SECOND: Council Member Genis/Council Member
Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, and Council Member
Monahan
Nays: Mayor Pro Tem Righeimer, and Mayor Mensinger
Absent: None
Abstain: None
Motions carried: 3-2
ACTION:
City Council reversed the Planning Commission's decision and approved Zoning
Application ZA-15-38; including incorporating into the Conditions of Approval a
cap at 80 parking spaces and a requirement for a parking plan.
NEW BUSINESS: (04:01:36)
2. ANIMAL SHELTER SERVICES (04:01:38)
Staff report and PowerPoint presentation presented by Lieutenant, Greg Scott
and Animal Control Officer, Anna Rodriguez. (04:03:30)
Discussion ensued on the animal shelter hours of operation. (04:34:07)
Council Member Genis presented a PowerPoint presentation. (04:39:28)
Public Comments Opened (05:05:46)
Cindy Brenneman, Costa Mesa, expressed concern on spending and fatality
rates. (05:07:19)
Robin Leffler, Costa Mesa, expressed concern on rates; and continuing with the
contract. (05:08:22)
Speaker, spoke in opposition to the shelter and continuing the contract.
(05:09:33)
Karl Ahlf, Costa Mesa, expressed concern for the animals. (05:11:59)
Speaker, suggests transitioning out of current contract. (05:12:20)
Minutes — Regular Meeting — March 15, 2016 - Page 9
Public Comments Closed at 11:08 p.m
Council Member Foley spoke on the non-profit status; having two Costa Mesa
residents as board members on the non-profit board; expressed concern with
breach of contract; and the option to initiate a new RFP. (05:13:11)
Discussion ensued on the contract; the non-profit status; and an RFP. (05:15:41)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
City Council approved Staffs recommendation to maintain the animal care
sheltering services with the City's current service provider, Orange County Humane
Society (OCHS), throughout the approved contractual agreement which ends
January 21, 2018; authorized spending up to $50,000 for improvements for
software, part time Animal Control Officer, and monitoring the operations.
CONTINUE NEW BUSINESS ITEMS #4 AND #5 TO A FUTURE MEETING
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
4. FEASIBILITY STUDY FOR LIGHTING AND SYNTHETIC TURF AT MULTIPLE
LOCATIONS
(Rescheduled to a future meeting)
5. INCLUSION OF FINGERPRINTING (LIVESCAN) REQUIREMENT FOR
COMMITTEE/COMMISSION APPOINTEES
(Rescheduled to a future meeting)
Minutes — Regular Meeting — March 15, 2016 - Page 10
ITEMS REMOVED FROM THE CONSENT CALENDAR (05:29:28)
2. WARRANT RESOLUTION NO. 2553 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 16-05 FOR $2,058,461.48;
AND CITY OPERATING EXPENSES FOR $1,287,233.32; AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (05:29:56)
Public Comments:
Speaker, spoke on legal fees and credit card expenditures. (05:30:31)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
City Council approved Warrant Resolution No. 2553.
4. 2015 FALL FIELD AUDIT REPORT AND AMENDMENTS TO THE EXISTING
FIELD USE AND ALLOCATION POLICY (05:31:39)
Public Comments:
T Koken, Costa Mesa, spoke on concern with fees. (05:32:07)
Speaker, spoke on fields; and total participants. (05:32:58)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
1. City Council received and filed the 2015 Fall Field Audit Report; and
2. City Council approved amendments to the Field Use and Allocation Policy
(FUAP) by the Parks and Recreation Commission to include language
Minutes — Regular Meeting — March 15, 2016 - Page 11
regarding the auditing procedure and to decrease the local residency
requirement from 25% to 10% for Group 6 users.
6. SMALLWOOD PARK IMPROVEMENTS PROJECT, CITY PROJECT NO. 14-13
(05:34:05)
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
1. City Council adopted plans, specifications and working details for the
Smallwood Park Improvements Project, City Project No. 14-13; and
2. City Council awarded a construction contract to Micon Construction Inc., 1616
E. Sierra Madre Circle, Placentia, CA 92870, in the amount of $298,778.00;
and
3. City Council authorized the Mayor and the City Clerk to execute the Public
Works Agreement.
7. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2016 ORANGE
COUNTY MARATHON (05:34:05)
Mayor Pro Tem Righeimer recused himself due to a potential conflict of interest
and stepped down from the dais and left the Council Chambers.
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member Monahan,
and Mayor Mensinger
Nays: None
Absent: None
Abstain: Mayor Pro Tem Righeimer
Motions carried: 4-0-1
ACTION:
City Council adopted Resolution 16-10, designating event routes for the 2016
Orange County (OC) Marathon and approve the temporary street closures for
May 1, 2016, as requested for the 2016 OC Marathon.
Minutes — Regular Meeting — March 15, 2016 - Page 12
8. HARBOR BIKE TRAIL IMPROVEMENT PROJECT, CITY PROJECT NO. 14-14
(05:35:12)
Public Comments:
Wendy Leece, Costa Mesa, spoke in opposition to project; and monies being
used from the General Fund and not through grants. (05:35:38)
George Yaghnam, Costa Mesa, spoke on creating a special tax zone land; and
maintain portion of what they own. (05:35:56)
Ralph Taboada, Costa Mesa, expressed concerns with costs. (05:37:03)
Robin Leffler, Costa Mesa, expressed concern with costs. (05:37:47)
MOTION/SECOND: Council Member Foley/Council Member Genis
Direct the Bikeway Committee to review and give input and return to Council.
SUBSTITUTE/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Nays: Council Member Foley, and Council Member Genis
Absent: None
Motions carried: 3-2
ACTION:
1. City Council adopted plans, specifications and working details for the Harbor
Bike Trail Improvement Project, City Project No. 14-14; and
2. City Council approved Budget Adjustment, BA -16-163 in the amount of
$109,000.00 towards the project; and
3. City Council awarded a construction contract to KASA Construction Inc.,
15148 Sierra Bonito Lane, Chino, CA 91710, in the amount of $962,356.00;
and
4. City Council authorized the Mayor and the City Clerk to execute the Public
Works Agreement and the Budget Adjustment.
Minutes — Regular Meeting — March 15, 2016 - Page 13
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
Continue the meeting past midnight.
3. INITIATIVE PETITION QUALIFYING FOR BALLOT; CONSIDERATION OF
ADOPTING NEW ORDINANCE, OR ORDERING REPORT (05:44:52)
Staff report presented by City Clerk, Brenda Green. (05:45:11)
Public Comments:
Kyle Woosley, Costa Mesa, spoke in support of ordering a 30 day report to study
the impacts. (05:47:57)
Kevin A. Coleman, Costa Mesa, spoke in support of ordering a 30 day report to
study the impacts. (05:48:46)
Cynthia McDonald, Costa Mesa, spoke in support to place initiative on ballot; and
spoke in opposition to ordering a 30 day report. (05:49:23)
Jay Humphrey, Costa Mesa, thanked volunteers. (05:52:10)
Cindy Brenneman, Costa Mesa, spoke in support to place initiative on ballot; and
spoke in opposition to ordering a 30 day report. (05:53:51)
Robin Leffler, Costa Mesa, requested a study on how much growth the initiative
allows. (05:54:44)
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
Minutes — Regular Meeting — March 15, 2016 - Page 14
ACTION:
A. City Council accepted the Certificate of Sufficiency issued by the County
of Orange Registrar of Voters regarding, "An Initiative To Require Voter
Approval On Certain Development Projects."
MOVED/SECOND: Council Member Monahan/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
B. City Council ordered a report pursuant to Election Code (EC) §9212 at the
regular meeting at which the certification of the petition was presented,
and to include:
• Comparison with Newport's Greenlight Initiative. How many projects have
been voted on and is it more or less restrictive. Allowance for Affordable
Housing, does the Initiative apply to Affordable Housing Projects to State
Law Formula Density Bonus units?
• Are vacant lots counted with a net zero basis for trip generation, is it 200
plus trips over zero that would trigger the Initiative
• Is the General Plan update subject to the Initiative, all the General Plan or
just the Land Use portions
• An analysis of the as -built section on the Initiative and it's impacts and
allowances
• An analysis of the effective date and Retroactive Clause, its impacts and
on what projects
• The 8 year/half mile radius clause legal, does it include all projects built, or
only projects that would have triggered the Initiative, and definition of
project
• An analysis of what is the time frame of a proposed project that triggers
the Initiative, with General Election or Special Election
• Analysis of how much growth would be allowed under the current General
Plan, and how much additional growth would be allowed if the Initiative
passed
• Clarification of which certain projects would be impacted if there is a
limited number of projects
• Analysis of the triggers, impacts and exceptions
• Is this Initiative more restrictive then Newport Beach or less
• Look at other cities' Initiatives for comparisons and implementation
problems, litigation
• Analyze issues regarding attracting and retaining businesses and
employees, including City employees
Minutes — Regular Meeting — March 15, 2016 - Page 15
• Creating a map illustrating areas of 8 year/half mile radius that would
trigger the Initiative
• Analyze the meaning of Section 2A6 of the initiative
• How would this effect density bonus units and square footage would
trigger the 200 trips trigger SF, MF, High Density, etc.
• How many dwelling units would we get if we had high density at this trip
cap based on high density housing
• Would a General Plan Amendment be required for a project like the Civic
Center Park for Supportive, or Affordable Housing
• Creating a competing Initiative to solve some of these concerns
REPORT — CITY ATTORNEY — NONE (06:27:19)
ADJOURNMENT (06:27:22)
The Mayor and City Council adjourned the meeting in memory of Edgar Baume at 12:23
a.m.
Minutes adopted on this 5th day#Wpril, 2016.
Stephen M. Mensinger,
ATTEST:
Brenda Green, CitylClerk
Minutes — Regular Meeting — March 15, 2016 - Page 16