HomeMy WebLinkAbout04/07/2015 - City Council-Housing Authority-Successor AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
April 7, 2015
CALL TO ORDER
The meeting was called to order by the Mayor at 5:00 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Mensinger, Mayor Pro Tem Righeimer (Arrived 5:06
p.m.) Council Member Foley, Council Member Genis, and
Council Member Monahan
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE
CLOSED SESSION
The City Council recessed into Closed Session at 5:05 p.m. to consider the following
items:
1. 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).
The City Council reconvened at 5:45 p.m.
CALL TO ORDER
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.
CALL TO ORDER (00:00:13)
PLEDGE OF ALLEGIANCE (00:00:23) — Council Member Monahan
MOMENT OF SOLEMN EXPRESSION (00:00:58)
Reverend Father Moushegh Tashjian, St. Mary Armenian Church
Minutes — Regular Meeting — April 7, 2015 - Page 1
ROLL CALL (00;05:12)
Present: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger
Absent: None
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Yolanda
Summerhill, Assistant Chief Executive Officer Rick Francis, Economic and Development
Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City
Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT (00:05:22) — NONE
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2238 (b)
ANNOUNCEMENTS (00:05:29)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:08:49)
Mayor Mensinger presented the Mayor's Award to Jeff Chon of The Wayfarer,
PUBLIC COMMENTS (00:15:54)
Chuck Perry, Costa Mesa, spoke on requesting benches on Harbor Blvd. (00:16:43)
Susan Shaw, Costa Mesa, spoke on a Public Records Request on lighted fields and
field usage. (00:18:07)
Mrs. Drain, Costa Mesa, spoke on 60th anniversary expenses; requested an
independent forensic audit; and requests her questions be posted on the website.
(00:20:13)
Gloria Estefan, Costa Mesa, spoke on a public records request for a meeting held on
October 23, 2014; and crime mapping. (00:24:07)
Suzi Iwamoto, Costa Mesa, spoke on a Mesa Arts District; ZA-15-04; and visioning
statement. (00:27:07)
Stephen Chan, Costa Mesa, thanked City Council for their efforts regarding Casa; and
requested enforcement and a boycott for Casa, Maison, and Vestal Village. (00:30:33)
Jay Humphrey, Costa Mesa, spoke on an award to the Mayor from the Building
Industry; spoke on police staffing levels; and new hires. (00:33:46)
Minutes -- Regular Meeting -- April 7, 2015 - Page 2
Ann Parker, Costa Mesa, spoke regarding Roland Berrera; the Casa bar; and sober
living homes. (00:36:09)
Beth Rafakes, Costa Mesa, spoke on the Military Affairs Team; and the Easter Egg
Hunt. (00:38:45)
Lisa Salisbury, Costa Mesa, spoke on revitalizing business in Costa Mesa; and in
support of businesses Casa and Maison. (00:43:00)
Tom Pollitt, Costa Mesa, spoke on organizing the Costa Mesa Tea Party; and the Police
Association negotiations; and the economy. (00:44:48)
Barrie Fisher, Costa Mesa, spoke on closing off cul de sacs at Victoria Ave. (00:47:48)
Jim Kerihs, Costa Mesa, spoke on developments; design standards; and zoning.
(00:50:56)
Greg Ridge, Costa Mesa, spoke on Fairview Park; and the vernal pools location.
(00:53:58)
Tamar Goldmann, Costa Mesa, spoke on the increase in Public Records Requests.
(00:56:34)
Cindy B, Costa Mesa, spoke on Aliso Viejo police staffing levels. (00:59:42)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (01:00:20)
Council Member Monahan spoke on the 60th anniversary event; Roland Berrera; and
the Casa business. (01:00:24)
Mayor Pro Tem Righeimer spoke on closing the cul de sac; development on the
Christian Science property; library expansion project meeting; and Cal Trans 1-405 toll
lanes and the EIR released. (01:04:39)
Mayor Mensinger spoke on the closure of the cul-de-sac at Victoria Ave; and requested
an update for the Police Department Reserve program. (01:14:23)
Council Member Foley congratulated Estancia High School and TeWinkle Foundation
on the 50th Anniversary Gala and the Sonora Elementary fundraiser; Harper School
request to paint red curbs; requested 60th Anniversary question and answers be posted
on City website; request a written report on options for a forensic audit and estimated
cost; library expansion meeting notices send to School District for distribution;
requested police presence at the cul-de-sacs at Victoria Ave; and application for High
School Signature Academies deadline April 15. (01:16:17)
Minutes -- Regular Meeting — April 7, 2015 - Page 3
Council Member Genis congratulated Orange College speech and debate team; spoke
regarding burlesque performances at Casa; consideration of 60th anniversary forensic
audit; spoke on the Fairview Development issue and opportunities; and land
acquisitions for parkland. (01:23:27)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:28:23) - NONE
CONSENT CALENDAR (01:12:45)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10
except for Items 7, 8 and 9.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
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. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE
ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES
AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE
READ BY TITLE ONLY AND FURTHER READING WAIVED
ACTION:
City Council waived reading in full of Ordinances and Resolutions and approved
and adopted of same by reading title only
2. READING FOLDER
a. Claims received by the City Clerk: Dario Aguirre, Jeff Arthur, Chase
Johnson and Leigh White.
ACTION:
City Council received and filed.
3. WARRANT RESOLUTION NO. 2533 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-05 "A" FOR ($0.00);
15-06 FOR $2,075,723.79; 15-06 "A" FOR $2,227.24; AND 15-07 FOR
$2,110,814.00; AND CITY OPERATING EXPENSES FOR $3,459,064.06; AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
ACTION.
Approved Warrant Resolution No. 2533, to be read by the title only, and waived
further reading.
Minutes — Regular Meeting -- April 7, 2015 - Page 4
4. REQUEST FOR SALE, SERVICE AND CONSUMPTION OF BEER AND WINE
BEVERAGES AT FAIRVIEW PARK FOR 2015 CONCERTS IN THE PARK
SERIES
ACTION:
City Council approved the request by the Costa Mesa Community Foundation for
the sale, service, and consumption of beer and wine beverages at Fairview Park
during the 2015 Summer Concerts in the Park series. City Council granted
administrative authority to the CEO to annually authorize such request. The
CEO will notify council via memo of said requests and approvals.
5. MINUTES
(A) MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer, and Mayor Mensinger.
Nays: None
Absent: None
Abstain: Council Member Foley (Not a Council Member at those meetings)
Motion carried: 4-1
ACTION:
City Council approved the minutes of the Special Joint Study Session Meeting of
the City Council, Planning Commission and Parks and Recreation Commission
for October 20, 2011; minutes of the Closed Session Meetings of the City Council
for November 8, 2011 and June 10, 2014; minutes of the Joint Housing Authority,
City Council and the City Council acting as the Successor Agency for June 12,
2012; minutes of the Adjourned Meeting/Special Study Session of May 28, 2013;
minutes of the Special City Council meeting of June 10, 2014; and the minutes of
the City Council Study Session for February 11, 2014.
(B) MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote.-
Ayes:
ote:Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger.
Nays: None
Absent: None
Abstain: None
Motion carried: 5-0
Minutes — Regular Meeting — April 7, 2015 - Page 5
ACTION:
City Council approved the minutes of the Closed Session Meetings of the City
Council for January 13, 2015, March 24, 2015 (9:00 a.m.) and March 24, 2015
(5:00 p.m.); minutes of the City Council Study Session for March 10, 2015;
minutes of the Adjourned Regular City Council Meeting of December 16, 2014;
and minutes of the Regular City Council and Successor Agency meeting of
March 17, 2015.
6. 2014 ANNUAL REVIEW OF THE COSTA MESA GENERAL PLAN
ACTION:
City Council approved the 2014 Annual Report of the Costa Mesa General Plan.
10. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) 2015 REGIONAL CONFERENCE
AND 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 -----------------------------------
PUBLIC HEARINGS — 7:00 P.M. (Resolution No. 05-55) — None
OLD BUSINESS: (01:29:58)
1. SECOND READING OF ORDINANCE 15-03 FOR CODE AMENDMENT CO -15-
01 RELATED TO SMALL LOT ORDINANCE
Public Comments:
Jay Humphrey, Costa Mesa, spoke on parking requirements; and parking
problems. (01:31:12)
Tamar Goldmann, Costa Mesa, spoke on parking requirements; and parking
problems. (01:32:21)
Ann Parker, Costa Mesa, spoke on small lot developments; and parking
problems. (01:34:37)
Council Member Foley spoke in opposition of the Ordinance; parking
requirements are insufficient; and is opposed to the minimum distances between
the buildings and side yards. (01:35:43)
Minutes — Regular Meeting — April 7, 2015 - Page 6
Mayor Mensinger spoke on small lot developments; parking requirements; and
utilizing garages for parking. (01:37:33)
Council Member Genis spoke on guest parking; no garage guest parking; and
first reading modification. (01:39:41)
Discussion ensued that the following verbiage will be removed from proposed
Ordinance No. 15-03, "Required open parking may be provided in a two -car or
three -car garage provided that a minimum of one open parking space is provided
per unit."
Yolanda Summerhill, City Attorney, stated that a first reading and a second
reading will need to occur in order to update wording in the Small Lot Ordinance.
(01:41:07)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
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
Abstain: None
Motion carried: 3-2
ACTION:
1. City Council gave the first reading of Ordinance 15-03, to be read by title only
and waived further reading, amending Title 13, Chapter V, Article 2.5,
Residential Small Lot Subdivision, of the Costa Mesa Municipal Code; and
2. City Council amended the Parking Standards in Table 13-42 of the proposed
Ordinance No. 15-03, removing "Required open parking may be provided in a
two -car or three -car garage provided that a minimum of one open parking
space is provided per unit," and that the item return for a second reading.
NEW BUSINESS: (01:42:57)
1. APPOINTMENTS TO VARIOUS COMMITTEES AND THE SENIOR
COMMISSION
City Clerk, Brenda Green, provided the Staff Report. (01:43:05)
Public Comments:
Jim Kerichs, Costa Mesa, introduced himself; and spoke on his application to the
Bikeway and Walkability Committee. (01:47:21)
Minutes — Regular Meeting -- April 7, 2015 - Page 7
Gloria Estefan, Costa Mesa, spoke on voting for new people on the committees.
(01:47:42)
SENIOR COMMISSION (01:48:17)
MOTION: Appoint Ann Perry
MotionlSecond: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried: 4-1:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer, and Mayor Mensinger
Noes: Council Member Foley
Absent: None
MOTION: Appoint Wendy Leece
Motion/Second: Council Member Genis/Council Member Foley
The motion failed 2-3:
Ayes: Council Member Foley, and Council Member Genis
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
MOTION: Appoint Sue Healey
Motion/Second: Mayor Mensinger/Council Member Monahan
The motion carried: 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
ACTION:
1. City Council appointed and filled two additional regular member positions on
the Senior Commission: Ann Perry to a 4 year term; and Sue Healey to a 2 year
term.
ACCESS, BUILDING, FIRE AND HOUSING BOARD OF APPEAL (01:51:07)
MOTION: Appoint Jacob Batista, Gilbert Figueroa, Bill L, Mason, Tariq Shamma,
and Larry Weichman
Motion/Second: Mayor Pro Tem Righeimer/Council Member Foley
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
Minutes — Regular Meeting — April 7, 2015 - Page 8
MOTION: Appoint Jim Fitzpatrick — Alternate
Motion/Second: Council Member Monahan/Mayor Mensinger
The motion carried: 3-2:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Noes: Council Member Foley, and Council Member Genis,
Absent: None
MOTION: Appoint Josue Castaneda — Alternate
Motion/Second: Mayor Mensinger/Council Member Genis
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
ACTION:
2. City Council appointed and filled five regular member vacancies and two
alternate member vacancies on the Access, Building, Fire and Housing Board
of Appeal: Jacob Batista, Gilbert Figueroa, Bill L. Mason, Tariq Shamma, and
Larry Weichman to a 4 year term (2015 —2019), and Josue Castaneda, and
Jim Fitzpatrick as alternate members.
CULTURAL ARTS COMMITTEE (01:53:37)
MOTION: Appoint Kathleen Eric, Lisa Grant, Frank Gutierrez, Andrea Marr,
Monica Morita, Tracy Taber, and Chrystal A. Swope; alternate members - Rocky
Evans and Jason Komala; and Stacie Wendland as a School Representative.
Motion/Second: Council Member Foley/Mayor Pro Tem Righeimer
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
ACTION:
3. City Council appointed and filled seven regular member vacancies and two
alternate member vacancies on the Cultural Arts Committee: Kathleen Eric,
Lisa Grant, Frank Gutierrez, Monica Morita; Andrea Marr, and Tracy Taber to
a two year term (2015 — 2017); and Chrystal A. Swope to a one year term
(2015 --- 2016); and alternate members: Rocky Evans to a two year term
(2015 — 2017) and Jason Komala to a one year term (2015 -- 2016); and
Stacie Wendland as a Representative from the School District.
Minutes — Regular Meeting — April 7, 2015 - Page 9
HISTORICAL PRESERVATION COMMITTEE (01:55:02)
MOTION: Appoint Dave Gardner, Karen McKenna-Juergens, John McQueen,
and Gary Parkin; and alternate member - Matthew Fletcher.
Motion/Second: Council Member Genis/Council Member Foley
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
ACTION:
4. City Council appointed and filled four regular member vacancies and one
alternate member vacancy on the Historical Preservation Committee: Dave
Gardner, Karen McKenna-Juergens, John McQueen, and Gary Parkin to a term
of April 2015 — April 2017; and Matthew Fletcher as an alternate member to a
term of April 2015 -- April 2016.
HOUSING AND PUBLIC SERVICE GRANT COMMITTEE (01:55:32)
MOTION: Appoint Tony Capitelli, Denise Rochelle Dew -Bennett, Christian Eric,
Jeff R. Mathews, Yvonne Rowden, and Eric Vu
Motion/Second: Mayor Mensinger/Mayor Pro Tem Righeimer
The motion carried 5 -0 -
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
ACTION:
5. City Council appointed and filled six regular member vacancies on the Housing
and Public Service Grant Committee: Tony Capitelli, Denise Rochelle Dew -
Bennett, Christian Eric, Jeff R. Mathews, Yvonne Rowden, and Eric Vu to a
term of April 2015 — April 2017.
Minutes — Regular Meeting — April 7, 2015 - Page 10
PENSION OVERSIGHT COMMITTEE (01:56:03)
MOTION: Appoint Jeff Arthur, James H. Bridges, Robert Juneman, Al Melone,
Gary Parkin, Tim Sesler, Ralph Taboada, and George Turner; re -advertise for
one vacancy on the Pension Oversight Committee; and conduct meetings once
per month.
Motion/Second: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried 4-1:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem
Righeimer, and Mayor Mensinger
Noes: Council Member Monahan
Absent: None
MOTION: Re -advertise Pension Oversight Committee Appointments
Motion/Second: Council Member Monahan/
Motion failed for the lack of a second.
ACTION:
6. City Council appointed and filled eight regular member vacancies on the
Pension Oversight Committee: Jeff Arthur, James H. Bridges, Robert
Juneman, Al Melone, Gary Parkin, Tim Sesler, Ralph Taboada, and George
Turner to a term of April 2015 -- April 2017; re -advertise for one vacancy on
the Pension Oversight Committee; and conduct meetings once per month.
TRAFFIC IMPACT FEE AD HOC COMMITTEE (02:01:57)
MOTION,: Appoint Walt Davenport, George Sakioka, and Kerry Smith
Motion/Second: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Cynthia McDonald
Motion/Second: Council Member Foley/Council Member Genis
The motion failed 2-3:
Ayes: Council Member Foley, and Council Member Genis
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
Minutes — Regular Meeting -- April 7, 2015 - Page 11
MOTION: To re -advertise for one vacancy for one at -large representative on the
Traffic Impact Fee AD HOC Committee.
Motion/Second: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried 3-0:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Noes: None
Absent: None
Abstain: Council Member Foley, and Council Member Genis
Discussion ensued on qualifications and job description for the Traffic Impact Fee
AD HOC Committee. (02:02:55)
ACTION:
7. City Council appointed and filled three regular member vacancies: Walt
Davenport - at -large representative, George Sakioka - major developers'
representative, and Kerry Smith - small developers' representative, on the
Traffic Impact Fee Ad Hoc Committee: Walt Davenport, George Sakioka, and
Kerry Smith to a term of April 2015 — April 2019; and re- advertise for one
vacancy for one at -large representative on the Traffic Impact Fee AD HOC
Committee.
City Council recessed for a break at 7:55 p.m.
City Council reconvened the meeting at 8:00 p.m.
BIKEWAY AND WALKABILITY COMMITTEE (02:14:00)
MOTION: Appoint Leah Ersoylu
Motion/Second: Mayor Pro Tem Righeimer/Council Member Genis
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Flo Martin
Motion/Second: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried 5 -0 -
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
Minutes — Regular Meeting — April 7, 2015 - Page 12
MOTION: Appoint Jim Erickson
Motion/Second: Council Member Foley/Council Member Genis
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Jim Kerins
Motion/Second: Council Member Genis/Council Member Monahan
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Tony Capitelli
Motion/Second: Mayor Mensinger/Council Member Genis
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint James Kane
Motion/Second: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Richard J. Huffman, II
Motion/Second: Council Member Monahan/Council Member Foley
The motion carried 4-1:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, and Mayor Pro Tem Righeimer
Noes: Mayor Mensinger
Absent: None
Minutes -- Regular Meeting --- April 7, 2015 - Page 13
MOTION: Appoint Cynthia McDonald
Motion/Second: Council Member Foley/Council Member Genis
The motion failed 2-3:
Ayes: Council Member Foley, and Council Member Genis
Noes: Council Member Monahan, Mayor Pro Tem Righelmer, and Mayor
Mensinger
Absent: None
MOTION: Appoint John C. Merrill
Motion/Second: Council Member Genis/Mayor Pro Tem Righeimer
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Donna Check
Motion/Second: Mayor Mensinger/Council Member Monahan
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Ralph Taboada
Motion/Second: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Brent Stoll
Motion/Second: Council Member Monahan/Mayor Mensinger
The motion carried 4-1:
Ayes: Council Member Foley, Council Member Monahan, Mayor Pro Tem
Righeimer, and Mayor Mensinger
Noes: Council Member Genis
Absent: None
Minutes — Regular Meeting --- April 7, 2015 - Page 14
MOTION: Appoint Andrea Marr
Motion/Second: Council Member Foley/Council Member Genis
The motion carried 3-2.
Ayes: Council Member Foley, Council Member Genis, and Council Member
Monahan
Noes: Mayor Pro Tem Righeimer, and Mayor Mensinger
Absent: None
MOTION: Appoint Jim Drain
Motion/Second: Council. Member Genis/Council Member Foley
The motion failed 2 -3 -
Ayes: Council Member Foley, and Council Member Genis
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
MOTION; Appoint Max Poling
Motion/Second: Mayor Mensinger/Council Member Monahan
The motion carried 4-1:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer, and Mayor Mensinger
Noes: Council Member Foley
Absent: None
MOTION: Appoint Kathleen Brown
Motion/Second: Mayor Mensinger/Mayor Pro Tem Righeimer
The motion carried 5-0:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Michael M.S. Chun
Motion/Second: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried 4-1:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Righeimer, and Mayor Mensinger
Noes: Council Member Foley
Absent: None
ACTION:
8. City Council appointed and filled fifteen regular member vacancies on the
Bikeway and Walkability Committee: Kathleen Brown, Tony Capitelli, Donna
Check, Michael M.S. Chun, Jim Erickson, Leah Ersoylu, Richard J. Huffman, II,
James Kane, Jim Kerins, Andrea Marr, Flo Martin, John C. Merrill, Max Poling,
Brent Stoll, and Ralph Taboada to a 2 year term.
Minutes — Regular Meeting — April 7, 2015 - Page 15
ITEMS REMOVED FROM THE CONSENT CALENDAR (02:24:37)
7. BUDGET ADDENDUM TO ENGAGEMENT OF LEGAL SERVICES LETTER
WITH MEYERS, NAVE, RIBACK, SILVER & WILSON AS SPECIAL LEGAL
COUNSEL ON FAIRVIEW PARK
Mayor Mensinger recused himself due to a potential conflict and per the advice of
legal counsel. (02:24:41)
Public Comments:
Susan Shaw, Costa Mesa, spoke on legal parameters. (02:27:20)
Teresa Drain, Costa Mesa, requested an update of the meeting with U.S. Fish
and Wildlife Services. (02:28:25)
Jay Humphrey, Costa Mesa, spoke on attorney services; attorney's participation
at meetings; and not changing Fairview Park. (02:28:51)
Greg Ridge, Costa Mesa, spoke on the U.S. Department of Fish and Wildlife
letter; vernal pools protection; taxpayer's expenditures and the decomposed
granite path. (02:31:01)
Cindy B, Costa Mesa, requested an update from the U.S. Fish and Wildlife on the
decomposed granite path. (02:34:15)
Cindy Black, Costa Mesa, spoke on the DG path; communications with Mayor
Mensinger; and presented a slide presentation, which a copy will be kept on file
in the City Clerk's Office. (02:34:43)
Discussion ensued on U.S. Department of Fish and Wildlife and U.S. Attorney's
Office investigation and the decomposed granite path; the vernal pools; adopted
procedures; and proper laws. (02:38:01)
MOVEDISECOND: 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 Pro Tem Righeimer.
Nays: None
Absent: None
Abstain: Mayor Mensinger (Potential conflict and per the advice of legal counsel)
Motion carried: 4-0
Minutes — Regular Meeting — April 7, 2015 - Page 16
ACTION:
City Council authorized the Mayor to execute a Budget Addendum, dated March
31, 2015, to the Legal Services Agreement with Meyers, Nave, Riback, Silver &
Wilson ("Meyers Nave") for special counsel legal services in connection with
endangered species, environmental and other issues relating to Fairview Park.
$. REQUEST FOR AMENDMENT TO COUNCIL POLICY 100-8 CITY COUNCIL
CONFERENCE, MEETING AND TRAINING EXPENDITURES — (02:44:04)
Executive Assistant Kelly Shelton provided the Staff Report on Council Policy
100-8. (02:44:37)
Discussion ensued on budgeted monies for Council travel. (02:46:08)
Public Comments:
Jay Humphrey, Costa Mesa, spoke in support of Council Members travel being
approved at a Council Meeting. (02:47:26)
Teresa Drain, Costa Mesa, spoke in support of Council Members travel being
approved at a Council Meeting. (02:49:08)
Cindy B, Costa Mesa, spoke in support of Council Members travel being
approved at a Council Meeting. (02:49:50)
Mayor Pro Tem Righeimer spoke on travel mileage; and recommended that
travel must be within the United States. (02:51:25)
Council Member Foley spoke on the State Law that requires reporting out on
conferences attended; and recommended that a staff report be prepared and
agendized for a Council Meeting to satisfy the requirements. (02:52:14)
MOVED/SECOND: Mayor Po Tem Righeimer/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, and Mayor Pro Tem Righeimer.
Nays: Mayor Mensinger
Absent: None
Abstain: None
Motion carried: 4-1
Minutes — Regular Meeting — April 7, 2015 - Page 17
ACTION: City Council amended the Council Policy 100-8 pertaining to City
Council conference, meeting and training expenditures that will include: travel
must be within the United States; and an increase in annual budget from $2,000
to $4,000 for each Council Member to attend conferences.
9. PARTICIPATION IN ECONOMIC DEVELOPMENT CONFERENCE AND
CONSIDERATION TO CANCEL THE CITY COUNCIL MEETING OF MAY 19,
2015 — (02:53:04)
Executive Assistant Kelly Shelton provided the Staff Report. (02:44:37)
Public Comments:
Jay Humphrey, Costa Mesa, spoke on requiring City Council approval.
(02:54:14)
Teresa Drain, Costa Mesa, requested detailed information on the conference.
(02;54:59)
MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Righeimer
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
Abstain: None
Motion carried: 5-0
No action was taken on No. 1 due to previous approval of Consent Calendar Item
No. 8.
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2. City Council approved canceling the May 19, 2015 City Council Meeting.
REPORT — CITY ATTORNEY — NONE
Minutes — Regular Meeting -- April 7, 2015 - Page 18
ADJOURNMENT in Memory of Joel Moskowitz'.
The Mayor adjourned the meeting at 8.44 p.m.
Minutes adopted on this 21St day of April, 2015.
Stephen A7rMensinger, Mayor
ATTEST.
�m
Brenda Green, C6JClerk
Minutes — Regular Meeting — April 7, 2015 - Page 19