HomeMy WebLinkAbout11/18/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
November 18, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 5:05 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council
Member Leece, Council Member Genis and Council Member
Monahan
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
CLOSED SESSION
The City Council recessed into Closed Session at 5:06 p.m. to consider the following
items:
1. Conference with Legal Counsel - Potential Litigation: Two Cases, Pursuant to
Government Code Section 54956.9(d)(4)
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:02)
PLEDGE OF ALLEGIANCE (00:00:20) — Mayor Righeimer
MOMENT OF SOLEMN EXPRESSION (01:01)
Ryan Zuniger, Grace Fellowship Church
ROLL CALL (00:01:52)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece,
Council Member Genis and Council Member Monahan.
Absent: None
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas
Duarte, Assistant Chief Executive Officer Rick Francis, Economic and Development
Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City
Clerk Brenda Green.
Minutes — Regular Meeting — November 18, 2014 - Page 1
CLOSED SESSION REPORT (00:02:04) - NONE
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:02:12)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:04:31)
Mayor Righeimer introduced Dannie Watkins, Commander of Chapter 752 Military
Order of the Purple Heart. Proclaiming the City of Costa Mesa a Purple Heart City.
Dannie Watkin, Commander of Chapter 752 Military Order of the Purple Heart, informed
all that they are comprised of 123 members and over 200 purple hearts combined
amongst them. They are congregationally approved and are non-profit who work for the
benefit of those that have been wounded in action. California has been proclaimed as
Purple Heart State in April 2012. County supervisors worked on making the County of
Orange a Purple Heart County and proclaimed the month of November as the Purple
Heart month. Glad that Costa Mesa has made this proclamation and receives it
honorably. (00:05:05)
Mayor Righeimer presented Dannie Watkins with the Purple Heart plaque and
proclaimed the City of Costa Mesa as a Purple Heart City. (00:08:08)
PUBLIC COMMENTS (00:10:53)
Tamar Goldmann, Costa Mesa, spoke regarding the election and DUI patrols.
(00:11:29)
Beth Refakes, Costa Mesa, spoke on the Military Affairs Team Trunk or Treat event.
(00:14:41)
Chuck Perry, Costa Mesa, thanked the community for their participation at the Costa
Mesa United Golf Tournament and spoke on the new street median on 17th Street.
(00:17:56)
Sue Lester, Costa Mesa, spoke on the election; thanked Council Member Leece for her
service; spoke on the Mayor and Mayor Pro Tern's lawsuit; congratulated Lieutenant Vic
Bakkila who was promoted in Police Department; and congratulated Dan Baker who
was promoted as Public Affairs Director. (00:19:07)
Susan Shaw, Costa Mesa, spoke on the election turnout for Election season; opposed
to a charter and expressed concerns on the draught. (00:22:42)
Minutes — Regular Meeting — November 18, 2014 - Page 2
Martin H. Millard, Costa Mesa, congratulated Mayor Righeimer on election victory and
pointed out the positive changes in the City. (00:25:06)
Mrs. Drain, Costa Mesa, requested an independent forensic audit of the 60th
anniversary expenses; and thanked Council Member Leece for her commitment to the
Community. (00:27:17)
Gay Royer, Costa Mesa, thanked Council Member Leece for her service; and
expressed the concern with the signal delay at National and Victory. (00:30:48)
Mary Spadoni, Costa Mesa, spoke on the elections; thanked Council Member Leece.
(00:33:30)
Ann Parker, Costa Mesa, spoke about the Sober Living Homes Ordinance. (00:36:28)
Frances Woods, Costa Mesa, spoke about code enforcement violations and
enforcement. (00:39:28)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:43:18)
Mayor Pro Tem Mensinger congratulated all the candidates; congratulated Estancia
High School football team, volunteers and coaches; and thanked the Public Services
Department. (00:43:26)
Council Member Genis spoke on the sales tax and raising the minimum reserve
amount; and expressed her happiness that the City is now a Purple Heart City.
(00:46:11)
Council Member Leece spoke on her appreciation that we are a Purple Heart City and
thanked Staff who attended Camp Pendleton; addressed homelessness in Costa Mesa
and thanked volunteers for their help; attended Working Wardrobes Organization at Los
Amigos High School; Vanguard University has a program honoring Veterans enrolled;
attended Native Sons of the Golden West acknowledging Estancia Adobe as a historical
monument; acknowledged she is a supporter of the Police Association; spoke on the
elections; requested an update on the CMCEA lawsuit that and expressed her honor to
serve the City as a Council Member. (00:50:56)
Council Member Monahan thanked all the candidates that ran for Election; and spoke
on the history of sober living homes in the City. (00:59:48)
Mayor Righeimer thanked those that ran during this Election season; discussed
budgeting for additional staff in the Police Department; congratulated Lieutenant Vic
Bakkila on becoming Lieutenant; addressed the Charter and understands the public is
clear they do not want to be a Charter City; and stated that he was appointed a position
on the OCTA Board. (01:04:54)
Minutes — Regular Meeting — November 18, 2014 - Page 3
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Mayor Righeimer requested that Mr. Tom Hatch report on the forensic audit. (01:11:56)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:12:03)
CEO Hatch spoke on . the Holiday closure for City Hall December 25, 2014 through
January 2, 2015; Estancia Adobe is now a California Historic Landmark #227; spoke on
reducing the impact of Group Homes in the Community; addressed the Finance
Advisory Committees work on the Budget and Financial Policy document; and spoke in
detail on the 60th anniversary event.
CEO Hatch stated that the forensic audit would have cost about $70,000-$80,000.
Mayor Righeimer suggested a Council Member would need to make a motion to spend
$70,000-$80,000 to order a forensic audit.
Council Member Leece suggested Mrs. Drain meet with Mr. Hatch to clarify information.
Discussion ensued on a forensic audit.
CONSENT CALENDAR (01:29:48)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11
except for Items 4 and 7.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member Monahan,
Mayor Pro Tem Mensinger and Mayor Righeimer.
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.
Minutes — Regular Meeting — November 18, 2014 - Page 4
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2. READING FOLDER
a. Claims received by the City Clerk: Enterprise Rent-A-Car, Interinsurance
Exchange of the Automobile Club of Southern California, as Subrogee for Jill
Pereira, James & Laura Bryan, and GEICO, as Subrogee for Jamie Leeds.
ACTION:
Received and filed.
3. WARRANT RESOLUTION NO. 2525 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-21 "A" FOR
$157,350.30 AND 14-22 for $2,143,406.15; AND CITY OPERATING
EXPENSES FOR $2,965,916.94; AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID
ACTION:
Approved Warrant Resolution No. 2525, to be read by title only and further
reading waived.
5. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of the Costa Mesa City
Council, and Successor Agency of: December 3, 2013, January 21, 2014, April 1,
2014 and May 6, 2014; and the regular meeting of the City Council and
Successor Agency and the Special Joint Meeting with the Housing Authority of
January 7, 2014.
6. FINAL MAP FOR TRACT NO. 17705 FOR PROPERTY LOCATED AT 2294
PACIFIC AVE.
ACTION:
City Council approved the Final Map of Tract No. 17705; and authorized vacation
of a twenty-five foot portion of a thirty-foot wide public utility easement.
8. ADOPTION OF THE FY 2014-2015 STATEMENT OF INVESTMENT
ACTION:
City Council adopted Resolution No. 14-70 and Successor Agency adopted
Resolution No. 14-71, to be read by title only and Further Reading Waived,
approving the Statement of Investment Policies for Fiscal Year 2014-2015 and
delegating investment activities to the City Treasurer.
Minutes — Regular Meeting — November 18, 2014 - Page 5
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9. LANDSCAPE AND TURF MAINTENANCE OF PARKWAYS, MEDIANS, AND
FIRE STATIONS
ACTION:
City Council authorized the execution of an Amendment to the Performance
Services Agreement with Midori Gardens, Inc., extending the term to February
28, 2015, in the amount of $37,051.67 per month.
10. LANDSCAPE AND TURF MAINTENANCE OF PARKS, FACILITIES, AND
SPORTS FIELDS
ACTION:
City Council authorized the execution of an Amendment to the Performance
Services Agreement with SpectrumCare Landscape, extending the term to
February 28, 2015, in the amount of $29,560.53 per month.
11. MODIFICATION TO THE BUSINESS IMPROVEMENT AREA (BIA) TO ADD
BLVD HOTEL FOR THE COLLECTION OF ASSESSMENTS
ACTION:
City Council adopted Resolution No. 14-72, to be read by title only and further
reading waived, declaring the City's intention to modify the BIA to include certain
hotels and motels in the area, and setting a Public Hearing for January 20, 2015.
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55)
1. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM
(01:30:10)
Staff report provided by Ernesto Munoz, Public Services Director. (01:30:47)
Council Member Leece questioned the membership and how one is appointed
for the Ad Hoc Committee. (01:35:01)
Public Service Director Ernesto Munoz spoke on the membership and the
process. (01:35:39)
Mr. Munoz explained the incentive program and fees. (01:36:24)
Public Comments:
Robin Leffler, Costa Mesa, spoke on trip fees and supports an increase in the
fees and that small developers should pay fees. (01:40:48)
Discussion ensued on clarification of a traffic impact fee; residential trips versus
commercial trips; and the membership of the Ad Hoc Committee. (01:44:04)
Minutes — Regular Meeting — November 18, 2014 - Page 6
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council adopted Resolution No. 14-73, to be read by title only and further
reading waived; approved the continuation of the current Traffic Impact Fee of
$181 per Average Daily Trip (ADT) for new development in the City of Costa
Mesa; and continued the incentive program for new developments by assessing
Traffic Impact Fees on an incremental basis for the first 100 trips; and approved
the annual accounting of the citywide Traffic Impact Fee Program.
2. PROPOSED 393 -UNIT MID -RISE RESIDENTIAL DEVELOPMENT,
"SYMPHONY APARTMENTS" TO BE LOCATED AT 585 AND 595 ANTON
BLVD.
Staff report provided by Minoo Ashabi, Senior Planner. (01:52:56)
Discussion on the original and addendum to the program EIR and CEQA
Guidelines provided by Shawna Schaffner, CEO of CAA Planning. (02:06:57)
Council Member Genis ' inquired about the anticipated population because it will
be an important factor and the biggest issues are the recreational impact.
(02:10:07)
Mayor Righeimer stated that per Ex Parte Communications, the Council
Members have met with the applicant, George Sakioka individually, except for
Council Member Monahan who has spoken to him via telephone. (02:11:28)
George Sakioka, applicant with Sakioka Company, thanked the Council
Members and Staff for their cooperation and responsiveness. Introduced the
speakers to follow that are working on the project. Noted that the proposal
originally was for a 485 unit and 26 story building and has been reduced to 393
units and a 6 story building. (02:11:45)
Allen Hyden of Wilson Meany spoke about the project. (02:14:24)
David Sendten of KTGY Group spoke about how the project integrates into the
community. (02:16:02)
Mark Shatinger, Landscape Architect, spoke on the landscaping portions of the
project. (02:19:02)
Minutes — Regular Meeting — November 18, 2014 - Page 7
Public Comments:
Mary Spadoni asked that the open space be considered; and discussed the
homeless; low income; and asked that Council reconsider the mitigated park fee.
(02:35:15)
Jeff Cullen, Costa Mesa, spoke on parking concerns and the setback for the
easement. (02:36:56)
Cindy Brenneman, Costa Mesa, commended builder on the project; concern with
sidewalk setback and park fees but concluded -it is a quality project. (02:39:47)
Jay Humphrey, Costa Mesa, discussed opportunity of a vacation of an easement;
noted there should be more bike paths, addressed the park fees, and the
increase of population. (02:41:36)
Beth Rafakes, Costa Mesa, commended the project, discussed that the park fees
are needed as population increases and expressed concerns with setbacks.
(02:44:45)
Robin Leffler, Costa Mesa, spoke on her concern with water conservation and
the setbacks and added a sight study should to be conducted. (02:47:41)
Paul Sanford, Costa Mesa, spoke as the President of the Lakes Association
which is directly across the street from the proposed project, discussed the
walking area availability and density and commended the high quality of the
proposed project. (02:51:07)
Council Member Leece questioned the guest parking. (02:53:20)
David Sendten pointed out the guest parking using the Power Point presentation
and noted there will be guest and retail parking which is secured differently than
resident parking. There are 132 spaces reserved for guests and retail and there
are a total of 731 spaces required and the project has 722 spaces. (02:53:51)
Minoo Ashabi stated that the Staff Report includes the breakdown of the parking
spaces. (02:54:38)
Council Member Leece asked if there are bike lanes near the area. (02:54:56)
David Sendten responded there are no dedicated bike lanes. (02:55:12)
Ernesto Munoz responded that there is a multipurpose trail designated on the
Master Bike Plan. (02:55:21)
Minutes — Regular Meeting — November 18, 2014 - Page 8
Mayor Righeimer stated he would like to address the public's comments, the
project is favorable; however, the setback is close to the street. (02:56:15)
David Sendten responded that the building is placed beyond the 20 ft. setback.
(02:56:56)
Mayor Righeimer asked if the building and patios could be pushed back.
(02:57:14)
David Sendten responded that it will not be the best design solution. He
commented that it is odd to have a 20 ft. setback of landscaping before a stoop
or patio and reiterated that it is unusual to have a nothing allowed in the 20 ft.
setback compared to other cities. (02:57:16)
Discussion with the applicants, architects and Council Members ensued about
the setback and what is within that setback. (02:58:35)
Council Member Leece inquired about the upgrades such as water conservation
plans. (03:02:30)
Shawna Schaffner responded that a water assessment was done and they are in
compliance. (03:02:52)
Mayor Pro Tem Mensinger asked that the architect, if stoops were removed,
everything all would be in compliance. (03:04:38)
David Sendten responded yes but added that the transition from stoop to door is
very important. (03:05:01)
George Sakioka stated that they are not proposing to change the setback; but
instead, asking to allow an encroachment into the setback. (03:05:22)
Mayor Pro Tem Mensinger requested drought tolerant landscaping. (03:06:35)
Mayor Pro Tem Mensinger discussed all the amenities available onsite and
expressed that those amenities keeps residents onsite. (03:08:34)
Council Member Monahan spoke about the patio and stoops and added they are
inviting. (03:09:12)
Minutes — Regular Meeting — November 18, 2014 - Page 9
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council Adopted Resolution No. 14-74, to be read by title only and further
reading waived, approving the Addendum to the Final Program Environmental
Impact Report No. 1052 and Final Master Plan PA -14-11.
Mayor Righeimer spoke on the Park Mitigation Fees and explained the Quimby
Act. Also that the City's park fee currently is $13,800 and there is no park fee for
an apartment since there is no subdivision map to associate with it. (03:10:41)
Discussion ensued about what the proposed park fees should be and the public
space available on the project. (03:15:33)
MOTION: Mayor Righeimer moved the park fee to be $13,800. (03:17:53)
Motion died for lack of a second.
MOVED/SECOND: Mayor Pro Tem Mensinger/Mayor Righeimer: Mayor Pro Tem
Mensinger moved that the park fee to be $13,700 per unit. (03:18:06)
SUBSTITUTE MOTION/SECOND: Council Member Monahan/Council Member
Genis: Council Member Monahan moved a substitute motion of a fee of $1,500
per unit. (03:20:22)
Mayor Righeimer withdrew his original motion.
Council Member Genis withdrew the seconded motion.
MOTION/SECOND: Mayor Righeimer/Council Member Genis; Mayor Righeimer
motioned a to Adopt Resolution No. 14-75, to be read by title only and further
reading waived, approving Park Mitigation Agreement between the Wilson Meany,
LP and the City of Costa Mesa to fund future Parkland related improvements or
acquisitions at the cost of $3,500 per unit and to not exceed the fees submitted
from the study. If there is a map recorded on the property, the excess fee can be
credited to that property. (03:23:10)
Council Member Monahan stated he will not support the motion because the
proposed fee is too high. He proposed a substitute motion that the park fee be
$2,500. (03:25:00)
Minutes — Regular Meeting — November 18, 2014 - Page 10
SUBSTITUTE MOTION/SECOND: Council Member Monahan/Council Member
Leece: Council Member Monahan moved a fee of $2,500 per unit. (03:25:41)
Mayor Righeimer stated he will not support the motion. (03:26:01)
SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Mensinger/Mayor Righeimer.
Mayor Pro Tem Mensinger motioned to Adopt Resolution No. 14-75, to be read by
title only and further reading waived, approving Park Mitigation Agreement
between the Wilson Meany, LP and the City of Costa Mesa to fund future
Parkland related improvements or acquisitions at the cost of $3,000 per unit and
to not exceed the fees submitted from the study. If there is a map recorded on the
property, the excess fee can be credited to that property. (03:26:09)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Mayor Pro Tem Mensinger and Mayor Righeimer
Nays: Council Member Leece and Council Member Monahan
Absent: None
Motion carried: 3-2
ACTION:
2. Adopted Resolution No. 14-75, to be read by title only and further reading
waived, approving Park Mitigation Agreement between the Wilson Meany, LP
and the City of Costa Mesa to fund future Parkland related improvements or
acquisitions at the cost of $3,000 per unit and to not exceed the fees submitted
from the study. If there is a map recorded on the property, the excess fee can
be credited to that property.
City Council recessed for a break at 9:30 p.m.
City Council reconvened the meeting at 9:44 p.m.
OLD BUSINESS (02:48:00)
1. SECOND READING OF ORDINANCE NO. 14-14 AMENDING CHAPTER IV OF
TITLE 12 OF THE COSTA MESA MUNICIPAL CODE, ESTABLISHING A
SENIOR COMMISSION THAT WILL SERVE AS AN ADVISORY COMMISSION
TO THE CITY COUNCIL ON MATTERS RELATED TO THE OPERATION OF
THE COSTA MESA SENIOR CENTER
Staff report provided by Travis Karlen, Recreation Manager. (03:41:30)
Public Comments
Robin Leffler, Costa Mesa, supports a committee rather than a Commission.
(03:42:46)
Council Member Leece stated that she will not support the motion because the
Commission should not be paid $100. (03:44:04)
Minutes — Regular Meeting — November 18, 2014 - Page 11
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem
Mensinger and Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
City Council gave second reading, to be read by title only and further reading
waived and adopted Ordinance No. 14-14.
NEW BUSINESS
1. HOST TOWN PARTICIPATION FOR THE 2015 SPECIAL OLYMPICS WORLD
GAMES
Staff report provided by Dan Baker, Public Affairs Manager. (03:44:35)
Mayor Pro Tem Mensinger stated that he attended a Special Olympics preview
and asked if the Fairgrounds Committee has been approached for assistance.
(03:51:54)
Dan Baker responded that it is in the works and the goal is to get all the tickets for
free. (03:52:25)
Mayor Righeimer stated that money can be raised amongst people and
businesses. (03:54:50)
Dan Baker stated that as soon as a Committee is launched there will be more
opportunity to reach out for assistance. (03:53:46)
Council Member Leece asked if individuals can buy sponsorships. She pointed out
that the School District Committees could assist and added that they will want to be
involved. (03:53:54)
MOVED/SECOND: Council Member Monahan/Mayor Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
Minutes — Regular Meeting — November 18, 2014 - Page 12
ACTION:
City Council approved Staff to solicit sponsorship for the City's participation in the
2015 Special Olympic World Games.
2. TWO MEDICAL MARIJUANA INITIATIVE PETITIONS QUALIFYING FOR
BALLOT; CONSIDERATION OF ADOPTING NEW ORDINANCE, ORDERING
ELECTION OR ORDERING REPORT; CONSIDERATION OF CITY MEDICAL
MARIJUANA MEASURE(S)
Staff report provided by Chris F. Neumeyer, Deputy City Attorney. (03:55:56)
Discussion ensued regarding loss of sales tax revenues; ordering a special
election or adding the initiatives to the November 2016 election; litigation issues;
competing measures; super majority vote for tax measures; and the Election
Code versus the State Constitution;
Public Comments
Sal Tinajero, Council Member of Santa Ana, spoke on the legalization of
Marijuana and Measure CC to regulate Medical Marijuana in the City of Santa
Ana. (04:11:36)
Flo Martin, Costa Mesa, spoke on the issue and supports allowing Medical
Marijuana dispensaries. (04:15:56)
Jeff Cullen, Costa Mesa, spoke for the Medical Marijuana initiatives; however,
stated he does not want to see the City get into legal issues and incur legal fees.
(04:19:26)
Harold Weitzberg, Costa Mesa, stated that he was part owner of a collective
cannabis which helped patients with migraines, cancer and tumors; suggested
creating an ordinance that can work for the City which will give the City full
control. (04:21:02)
Sue Lester, Costa Mesa, stated she ran a Medical Marijuana collective
recommended the City create an ordinance and select the 2016 option and pick
a date. In the interim, work with the Police Department and other bodies who
have firsthand experience with these types of businesses. (04:23:04)
Council Member Leece appreciates the time Staff and Council Member Monahan
put into the previous ordinance but there should have been additional sessions
held to discuss this item; she recommended more input by the residents in future
discussions, and expressed her concern that Staff needs to work with the Police
Department to obtain a understanding of the consequences if any one of these
initiatives are voted on by the voters. (04:26:02)
Minutes — Regular Meeting — November 18, 2014 - Page 13
MOVED/SECOND: Council Member Monahan/Council Member Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
1. City Council accepted the Certificate of Sufficiency issued by the County
of Orange Registrar of Voters regarding: An initiative to allow operation of
up to eight Medical Marijuana (Cannabis) businesses in the City of Costa
Mesa; and
MOVED/SECOND: Council Member Monahan/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
2. City Council accepted the Certificate of Sufficiency issued by the County
of Orange Registrar of Voters regarding: An Initiative to Allow Operation of
up to Four Licensed Medical Marijuana Businesses in City of Costa Mesa.
Council Member Leece discussed how the initiatives will affect other agencies
within the City and added they would all need to work together. (04:28:43)
MOVED/SECOND: Council Member Leece/Council Member Monahan
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
4. 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.
Minutes — Regular Meeting — November 18, 2014 - Page 14
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Council Members and CEO discussed additional provisions to be added and
reports from different Staff such as Police Department so costs can be
discussed. (04:32:10)
ITEMS REMOVED FROM THE CONSENT CALENDAR (04:37:21)
4. PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF MEDIANS
AND ENTRY MONUMENT SIGN (04:37:35)
Council Member Genis stated she pulled the item because she opposed the
reallocation of the budget. (04:38:10)
Discussion ensued regarding when the medians were worked on last;
conservation measures; design elements; drought tolerant turf; and funding
sources. (04:38:17)
Public Comments
Robin Leffler, Costa Mesa, suggested instead of reallocating money from the
library fund, seek a grant or wait until there is money to dedicate to this project.
She discussed the medians and recommended drought tolerant turf. (04:48:22)
Mrs. Drain, Costa Mesa, concerned that the library funds were used for this
project and pointed out other medians in the City that need maintenance.
(04:51:42)
Jay Humphrey, Costa Mesa, spoke that $638,000 was reallocated for the project
and concern with priority of projects. (04:52:46)
Cindy Brenneman, Costa Mesa, expressed her confusion on why medians are
being replaced again and recommended instead, putting that money towards
other areas in the City. (04:55:00)
Council Member Genis stated there was talk previously to finance the Fire
Department. Concerned with excess money not being used for certain projects.
(04:56:30)
Council Member Leece stated that she was disheartened and does not support
that the funds were taken from the library fund and emphasized the library is a
higher priority as well as the public safety, Fire Department, than the medians.
(04:57:16)
Mayor Righeimer was supportive of the library funds and the money was moved
because it was not being used and it will be replaced. (04:58:48)
Minutes — Regular Meeting — November 18, 2014 - Page 15
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MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Mayor Pro Tem Mensinger and Mayor
Righeimer.
Nays: Council Member Genis and Council Member Leece
Absent: None
Motion carried: 3-2
ACTION:
City Council authorized the execution of a Professional Services Agreement with
Asakura Robinson Company, 445 Santa Ana Av., Newport Beach, California
92663, in an amount not -to -exceed $68,350 for Design Services.
7. PROPOSED 177 -UNIT LIVE/WORK AND LOFT DEVELOPMENT AT 671 W.
17TH STREET (05:01:07)
Discussion ensued with City Council Members and Gary Armstrong, Economic and
Development Services Director and the Initial Study/Mitigated Negative Declaration
and CEQA guidelines. (05:01:13)
Public Comments
Jay Humphrey, Costa Mesa, spoke about the noise mitigation and parking
concerns. (05:09:28)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member
Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved a Professional Services Agreement with PlaceWorks, Inc.
(Consultant) and Westport Properties, Inc. (Applicant) in the Amount of $86,165, to
provide Environmental Consulting Services to proceed with the preparation of the
Initial Study/Mitigated Declaration, provided that upon completion of all analysis
no significant unavoidable impacts were determined; and authorized CEO to sign
extensions or renewals of the contract
CONTINUED PUBLIC COMMENTS (05:13:28)
Cindy Brenneman, Costa Mesa, spoke regarding respect of Council Members;
congratulated Dan Baker on promotion and thanked Council Member Leece for service
on Council. (05:14:08)
Minutes — Regular Meeting — November 18, 2014 - Page 16
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Robin Leffler, Costa Mesa, thanked Council Member Leece for service and asked that
the two Council Members drop the lawsuit against the Police Department. (05:16:39)
Anna Vrska, Costa Mesa, thanked Council Member Leece for service and requested
legal medical marijuana invoices. (05:19:34)
REPORT — CITY ATTORNEY — (05:21:30)
Tom Duarte, City Attorney, provided an update on CMCEA lawsuit and noted that the
trial date will be in April of 2015.
ADJOURNMENT — To the Regular Meeting, December 2, 2014, 5:00 p.m. (05:21:44)
The Mayor adjourned the meeting at 11:24 p.m.
Stepp M. Mensiriger, Mayor
Brenda -Gr6en,-Cit Jerk
Minutes — Regular Meeting — November 18, 2014 - Page 17