HomeMy WebLinkAbout01/20/2015 - City Council - Successor Agency - Redevelopment Agency - City Council Special Meeting - Joint Meetings - Housing AuthorityMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING AND
SPECIAL JOINT MEETING WITH THE COSTA MESA HOUSING AUTHORITY
January 20, 2015
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 (00:00:23)
PLEDGE OF ALLEGIANCE (00:00:37) — Mayor Pro Tem Righeimer
MOMENT OF SOLEMN EXPRESSION (00:00:59)
Rev. Sian Wiltshire, Orange Coast Unitarian Universalist Church
ROLL CALL
Present: Mayor Mensinger, Mayor Pro Tem Righeimer, Council Member Foley, and
Council Member Genis
Absent: Council Member Monahan (Arrived at 6:21 p.m.)
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.
CLOSED SESSION REPORT (00:04:29)
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) -
None
ANNOUNCEMENTS (00:04:37)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PRESENTATIONS (00:06:32)
1. 2015 Wyndham Sister City Education Exchange
Mayor Mensinger and the City of Costa Mesa welcomed our Sister City Australian
Delegates. He thanked and welcomed the students from Hoppers.Crossing Secondary
College and Werribee Secondary College. (00:06:58)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 1
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PUBLIC COMMENTS (00:16:04)
Richard Russell, Costa Mesa, spoke on the State of the Union and debt service; the
City Budget; and financial prudence. (00:16:44)
Mary Spadoni, Costa Mesa, spoke on the Officer Law Enforcement Appreciation Day.
(00:19:54)
Karl Ahlf, Costa Mesa, spoke on the homeless issues; and the need for more Police
Officer's. (00:21:43)
Speaker, Costa Mesa, spoke on Fairview Park Trail; and coffee with the Mayor.
(00:23:02)
Speaker, Costa Mesa, spoke on Economic Development; and the Parks Master Plan.
(00:24:18)
Robin Leffler, Costa Mesa, spoke on paying down the unfunded pension liability; and
spoke on public comments. (00:27:42)
Jeff Mathews, Costa Mesa, spoke on the two Council Members lawsuit with the Police
Association. (00:30:02)
Sue Lester, Costa Mesa, spoke on the shooting an individual while serving a warrant;
and a wake. (00:33:28)
Travis Azevedo, Costa Mesa, spoke on the Medical Marijuana initiatives. (00:36:25)
Chuck Perry, Costa Mesa, spoke on citizens speaking with the Mayor; and the Mayor
helping a youth. (00:38:14)
Gay Royer, Costa Mesa, spoke on traffic concerns on Victoria; and delays at a left
signal. (00:39:52)
James Bridges, Costa Mesa, spoke on the City Council's pensions; Charter; and Police
Department. (00:41:35)
Beth Rafakes, Costa Mesa, inquired on implementation of signal preemption; spending
funds on upgrading the fire stations; the homeless issues; and meeting place for
Veterans. (00:44:54)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 2
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:47:55)
Council Member Monahan spoke on the success of the Mesa Verde Classic Charity
Golf Tournament Fundraiser; discussed a wake and fundraiser at Monahan's
restaurant. (00:48:10)
Mayor Pro Tem Righeimer spoke on the Parks Master Plan and Fairview Park Master
Plan; spoke on development and increase of property taxes. (00:51:31)
Mayor Mensinger spoke on the success of the Mesa Verde Mesa Verde Classic Charity
Golf Tournament Fundraiser; discussed the Parks and Recreation Commission
Meeting; and encouraged communication with Mayor. (00:54:10)
Council Member Foley thanked donors who supported the Mesa Verde Classic Charity
Golf Tournament Fundraiser; requested update on Medical Marijuana Ordinance; and
library meeting spaces available. (00:56:02)
Council Member Genis spoke on the Orange County Council of Governments Meeting;
requested a Y2 day goal setting session including fiscal issues; a cost -revenue study;
and property taxes. (00:57:33)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:00:49)
CEO Hatch spoke on the scheduled February 10 and February 24 study sessions on
the budget; attended graduation of police officers from the academy; Police
Appreciation Day; follow-up with the Medical Marijuana Initiatives; and recommended
Public Hearing Item #2 be moved to the end of the meeting.
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (01:05:02)
2. APPEAL OF THE REVOCATION OF PLANNING APPLICATION PA -87-154:
CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD RECYCLING
FACILITY (REPLANET, FORMERLY EARTHWIZE RECYCLING) 2180
NEWPORT BOULEVARD
MOVED/SECOND: Council Member Genis/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem
Righeimer, and Mayor Mensinger.
Nays: None
Abstain: Council Member Monahan
Absent: None
Motion carried: 4-0-1
ACTION:
City Council Moved Public Hearing Item #2 to the End of the Meeting.
Minutes — Regular/Special Meeting — January 20, 2015 - Page 3
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CONSENT CALENDAR (01:08:54)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 9
except for Items 7 and 8.
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: Christian Flores, Jannet Flores, Jazmine
Flores, Tiffany Mullin, Kailee Olsen, Justino Perez and Vicki Renea Sakioka.
ACTION:
City Council Received and Filed.
3. WARRANT RESOLUTION NO. 2528 OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-25 "A" FOR
$1,913.03, 14-26 FOR $2,395,410.80, 14-26 "A" FOR $5,697.78, 15-01
$2,138,006.93; AND CITY OPERATING EXPENSES FOR $1,337,703.81 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
ACTION:
Approved Warrant Resolution No. 2528, to be Read by Title Only and Further
Reading Waived.
Minutes — Regular/Special Meeting — January 20, 2015 - Page 4
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4. PARKING LOTS REHABILITATION PROJECT: FIRE STATION NO. 5
(PROJECT "A") AND CANYON PARK (PROJECT "B") — CITY PROJECT NO.
14-02
ACTION:
City Council Accepted the Work Performed by Superior Paving, Inc. DBA
United Paving Company and Authorized the City Clerk to File the Notice of
Completion; and
2. City Council Authorized the Release of the Labor and Material Bond Seven
(7) Months after the Filing Date; Release the Faithful Performance Bond One
(1) Year after the Filing Date; and Release the Retention Monies 35 Days
after the Notice of Completion Filing Date.
5. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
MEETINGS OF DECEMBER 6, 2011, JANUARY 8, 2013, FEBRUARY 19, 2013
AND DECEMBER 2, 2014; THE ADJOURNED MEETING/SPECIAL STUDY
SESSION OF FEBRUARY 26, 2013 AND MAY 28, 2013; THE SPECIAL JOINT
CITY COUNCIL AND PARKS AND RECREATION COMMISSION OF MAY 14,
2013; THE SPECIAL JOINT STUDY SESSION OF THE CITY COUNCIL AND
.HOUSING AUTHORITY OF JUNE 11, 2013; AND THE SPECIAL JOINT
MEETING OF THE CITY COUNCIL AND THE HOUSING AUTHORITY OF
JUNE 11, 2013
ACTION:
City Council Approved the Minutes.
6. 2013 — 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECT: BAKER STREET ALLEY (ALLEY NO. 120) AND LA SALLE
AVENUE ALLEY (ALLEY NO. 121) IMPROVEMENT PROJECT — CITY
PROJECT NO. 14-05
ACTION:
1. City Council Accepted the Work Performed by Patriot Paving, Inc., and
Authorized the City Clerk to File the Notice of Completion; and
2. City Council Authorized the Release of the Labor and Material Bond Seven
(7) Months after the Filing Date; Release the Faithful Performance Bond One
(1) Year after the Filing Date; and Release the Retention Monies 35 Days
after the Notice of Completion Filing Date.
Minutes — Regular/Special Meeting — January 20, 2015 - Page 5
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9. FISCAL YEAR 2013 — 2014 INDEPENDENT FINANCIAL AUDIT OF THE
COSTA MESA HOUSING AUTHORITY, AS HOUSING SUCCESSOR; AND,
HOUSING SUCCESSOR ANNUAL REPORT OF THE LOW AND MODERATE
INCOME HOUSING ASSET FUND PURSUANT TO SECTION 34176.1 OF THE
DISSOLUTION LAW
ACTION:
City Council and Housing Authority Received and Authorized the Filing of the
Fiscal Year 2013 — 2014 Independent Financial Audit of the Low and Moderate
Income Housing Asset Fund and the Fiscal Year 2013 — 2014 Housing
Successor Annual Report.
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:09:59)
7. DEDICATION OF STORM DRAIN EASEMENT — CANYON PARK
Ernesto Munoz, Public Services Director, clarified that the title of the report
should read Dedication of Storm Drain Easement instead of Acceptance of Storm
Drain Easement. (01:10:02)
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
Motion carried: 5-0
ACTION:
City Council Adopted the Resolution to be Read by Title Only and Waived Further
Reading, to Dedicate a Storm Drain Easement within Canyon Park.
8. ANIMAL SHELTER SERVICES
Council Member Genis spoke on animal shelter services contract; various
contracted shelters through the year; euthanasia rates; requested developing
additional performance standards; and discussed the need for the shelter do
update their website. (01:11:19)
Council Member Monahan spoke on animal shelters. (01:14:10)
Council Member Foley suggested returning to the Council in 6 months to discuss
performance standards. (01:15:32)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 6
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
Motion carried: 5-0
ACTION:
1. City Council Awarded the Animal Shelter and Related Services Contract to
the Orange County Humane Society (OCHS), 21632 Newland St., Huntington
Beach, California, in the Amount of $75,000 with Automatic Annual
Adjustments as Specified in the Professional Services Agreement; and
2. City Council Authorized the Mayor and the City Clerk to Execute the
Professional Services Agreement for the Contract.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:17:13)
1. MODIFICATION TO THE BUSINESS IMPROVEMENT AREA (BIA) TO ADD
"BLVD HOTEL" THAT WILL BE SUBJECT TO THE BIA ASSESSMENT
Council Member Monahan complimented the owners and operators of the BLVD
Hotel and joining the BIA. (01:17:46)
Mayor Mensinger complimented the renovations and upgrades of the hotel.
(01:18:23)
Public Hearing was Opened, No Public Comments, Public Hearing Closed.
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
Motion carried: 5-0
Minutes — Regular/Special Meeting — January 20, 2015 - Page 7
ACTION:
1. City Council Conducted a Public Hearing Regarding the Business
Improvement Area (BIA) Modification to include an Additional Hotel into the
Business BIA and Accepted Public Comments Regarding Such Proposed
Modification; and
2. City Council Conducted the Second Reading and Approved Ordinance No.
15-01 to be Read by Title Only and Waived Further Reading, Modifying the
BIA to Add a New Hotel that Will be Subject to the BIA Assessment and
Consider Adoption of the Same.
OLD BUSINESS: None
NEW BUSINESS — (01:19:17)
1. AWARD A PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES FOR THE DONALD DUNGAN LIBRARY AND
NEIGHBORHOOD COMMUNITY CENTER PRELIMINARY DESIGN PHASE
Tammy Letourneau, Assistant Chief Executive Officer, presented Staff Report.
(01:19:39)
Council Member Monahan requested a review of the policies for the meeting
spaces. (01:25:22)
Council Member Foley inquired when the community workshops were occurring
during the predesign phasing plan. (01:26:04)
Steve Johnson, of Johnson Favaro, responded and discussed the three
community workshops that will occur. (01:27:06)
Council Member Genis discussed connecting the two facilities with a breezeway
but to not conflict with the open space required at Lions Park. (01:30:20)
Public Comments:
Bob Ooten, Costa Mesa, President of the Costa Mesa Friends of the Library
spoke in support of the conversion of the Community Center to the library.
(01:31:43)
Kyle Woosley, Costa Mesa, representing the Chamber of Commerce, spoke in
support of the library project. (01:34:28)
Mary Ellen Goddard, Costa Mesa, spoke in support of the library project.
(01:34:46)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 8
Charlene Ashendorf, Costa Mesa, spoke on the central library project in the City
of Irvine; spoke in support of the library project; and a fundraising library project
fund. (01:37:12)
Robin Leffler, Costa Mesa, spoke on the preservation of the Community Center
and meeting rooms; supports expansion of the library; and preservation of the
center. (01:39:54)
Barrie Fisher, Costa Mesa, spoke in support of a library expansion; and a
homeless taskforce at Lions Park. (01:41:39)
Beth Rafakes, Costa Mesa, spoke on keeping the Community Center and the the
meeting rooms; expressed concern with financing; and discussed the homeless.
(01:43:05)
Chuck Perry, Costa Mesa, spoke in the opposition of the library project and the
loss of the Community Center. (01:45:33)
Karl Ahlf, Costa Mesa, spoke in support of the library project. (01:46:36)
Al Melone, Costa Mesa, spoke in opposition of the library project. (01:48:29)
Christopher Otis, Costa Mesa, spoke in support of the library project. (01:50:44)
Speaker, Costa Mesa, spoke in opposition of the library project because it will
take away the Community Center. (01:51:35)
Cindy Black, Costa Mesa, spoke in the opposition of the library project.
(01:53:55)
Kathy Esfahohani, Costa Mesa, spoke in opposition of the library project and the
loss of the Community Center. (01:55:35)
Frank Forbath, Costa Mesa, spoke in opposition of the library project. (01:57:29)
Council Member Foley thanked all the speakers during public comment; spoke
on space available in the proposed library to accommodate a vibrant Community
Center as the Library can be upgraded; redesign of the library is needed for
technological advancements and to meet the current needs of the public; and
better usage of space. (02:00:33)
Mayor Pro Tem Righeimer spoke on the upgrading of the library and Community
Center; current inefficient space; and a commitment to find meeting space.
(02:04:27)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 9
Council Member Monahan spoke on supporting the motion; supports having
enclosed walkways to connect the buildings; need for focus on technology and
buildings to be upgraded; spoke on homeless issues; and requested the Mesa
Verde Library ADA accessibility be reviewed. (02:08:39)
Council Member Genis spoke in support of the library project; spoke on library
standards; noted the Irvine business excise tax; usage of school; and City
facilities. (02:11:42)
Mayor Mensinger discussed shared facilities; maintaining meeting space; and
discussed upgrading facilities. (02:14:32)
MOVED/SECOND: Council Member Foley/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
Motion carried: 5-0
ACTION:
City Council Authorized the CEO to Sign the Professional Services Agreement
for an Amount not to Exceed $125,125 to Johnson Favaro, 5898 Blackwelder
Street, Culver City, CA 90232, for the Preliminary Design Phase of the Donald
Dungan Library and Neighborhood Community Center (NCC) Projects, Including
the Outdoor Space Surrounding these Sites.
2. APPOINTMENTS TO THE PLANNING COMMISSION, PARKS AND
RECREATION COMMISSION, AND SENIOR COMMISSION (02:17:02)
Brenda Green, City Clerk, presented Staff Report. (02:17:17)
Public Comments:
Josue Castaneda, Costa Mesa, spoke on his application submitted to the Senior
Commission and asked for Council's consideration for the Commission.
(02:20:50)
Sue Lester, Costa Mesa, spoke on diverse applicants for various Commissions.
(02:23:27)
Kim De Broux, Costa Mesa, introduced herself and spoke on her application for
the Parks and Recreation Commission. (02:34:33)
Karl Ahlf, Costa Mesa, spoke in support of Jay Humphrey, Harold Wietzberg and
Wendy Leece. (02:26:21)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 10
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Harold Weitzberg, Costa Mesa, spoke in support of Andrea Marr for Planning
Commission. (02:27:13)
Libby Doughty, Costa Mesa, introduced herself and spoke on her experience and
application submitted for the Parks and Recreation Commission. (02:28:33)
Christopher Otis, Costa Mesa, spoke on the work of the Mayor and Mayor Pro
Tem. (02:29:52)
Council Member Genis spoke on the process and the applicant's different skill
sets. (02:31:20)
PLANNING COMMISSION (02:32:38)
MOTION: Appoint Andrea Marr
Motion/Second: Council Member Genis/Council Member Foley
The motion failed 2-3:
Ayes: Council Member Foley, Council Member Genis
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
MOTION: Appoint Robert L. Dickson, Jr.
Motion/Second: Council Member Monahan/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 Byron de Arakal
Motion/Second: Council Member Foley/
Motion failed for the lack of a second.
MOTION: Appoint Jeff R. Matthews
Motion/Second: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried: 3-2:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Noes: Council Member Genis and Council Member Foley
Absent: None
Minutes — Regular/Special Meeting — January 20, 2015 - Page 11
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MOTION: Appoint Stephan H. Andranian
Motion/Second: Mayor Mensinger/Mayor Pro Tem Righeimer
The motion carried: 3-2:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Noes: Council Member Genis and Council Member Foley
Absent: None
ACTION:
1. City Council Appointed and Filled the Three Vacancies on the Planning
Commission: Stephan H. Andranian, Robert L. Dickson, Jr. and Jeff R.
Matthews, all to a 4 Year Term.
Council Member Foley inquired with the City Attorney about changing the
process of selecting Commissioner's. (02:35:38)
City Attorney Duarte responded that it would need to be agendized and a
majority vote to change the policy. (02:36:05)
Council Member Monahan commented that throughout the years there have
been many different ways Council has selected Commissioner's. (02:37:00)
PARKS AND RECREATION COMMISSION (02:37:24)
MOTION: Appoint Jose De La Jara
Motion/Second: Council Member Foley/
Motion failed for the lack of a second.
Council Member Foley inquired about conflicts of interest for certain appointed
Commissioner's. (02:28:31)
City Attorney Duarte responded that it would need to be analyzed on a case by
case basis. (02:28:48)
MOTION: Appoint Brett Eckles
Motion/Second: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried 3-2:
Ayes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Noes: Council Member Genis and Council Member Foley
Absent: None
Minutes — Regular/Special Meeting — January 20, 2015 - Page 12
MOTION: Appoint Lynn L. Redman
Motion/Second: Council Member Genis/Council Member Foley
The motion failed 2-3:
Ayes: Council Member Genis and Council Member Foley
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
MOTION: Appoint Robert Graham
Motion/Second: Mayor Pro Tem Righeimer/Council Member Genis
The motion carried 5-0:
Ayes: Council Member Genis, Council Member Foley, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor-Mensinger
Noes: None
Absent: None
MOTION: Appoint Byron de Arakal
Motion/Second: Mayor Mensinger/Council Member Monahan
The motion carried 5-0:
Ayes: Council Member Genis, Council Member Foley, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
ACTION:
2. City Council Appointed and Filled the Three Vacancies on the Parks and
Recreation Commission: Byron de Arakal, Brett Eckles and Robert Graham,
all to a 4 Year Term.
Mayor Pro Tem Righeimer recommended changing the Ordinance for the Senior
Commission to appoint 7 Commissioners, including 5 Commissioners and 2
alternate Commissioners. (02:43:54)
CEO Hatch stated that the Ordinance currently calls out that there are 5 Senior
Commissioners; and, the Ordinance would need to be revised. (02:45:02)
Council Member Foley commented that if the Ordinance is going to be changed,
then continue the item to allow more individuals to apply. (02:46:12)
City Clerk Brenda Green advised that a Government Code requires Special
Noticing for vacancies. (02:46:49)
Council Member Genis spoke in support of a larger group of Commissioners.
(02:47:10)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 13
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Council Member Monahan commented that 9 Commissioners are too many.
(02:47:52)
Council Member Foley spoke in support of appointing women on various
Commissions. (02:48:12)
SENIOR COMMISSION (02:50:44)
MOTION: Appoint Charlene M. Ashendorf — 4 Year Term
Motion/Second: Council Member Genis/Council Member Foley
The motion failed 2-3:
Ayes: Council Member Genis and Council Member Foley
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
MOTION: Appoint Stella Adkins — 4 Year Term
Motion/Second: 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 Janet Lee Krochman — 4 Year Term
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 Genis and Council Member Foley
Absent: None
MOTION: Appoint Martha Hernandez — 4 Year Term
Motion/Second: Council Member Foley/Council Member Genis
The motion failed 2-3:
Ayes: Council Member Genis and Council Member Foley
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
Minutes — Regular/Special Meeting — January 20, 2015 - Page 14
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MOTION: Appoint Kirk Bauermeister — 4 Year Term
Motion/Second: Mayor Mensinger/Council Member Monahan
The motion carried 5-0:
Ayes: Council Member Genis, Council Member Foley, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint Wendy Leece — 2 Year Term
Motion/Second: Council Member Genis/Council Member Foley
The motion failed 2-3:
Ayes: Council Member Genis and Council Member Foley
Noes: Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor
Mensinger
Absent: None
MOTION: Appoint Ernie Feeney — 2 Year Term
Motion/Second: Mayor Pro Tem Righeimer/Council Member Monahan
The motion carried 5-0:
Ayes: Council Member Genis, Council Member Foley, Council Member
Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger
Noes: None
Absent: None
MOTION: Appoint John S. McGlinn — 2 Year Term
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
ACTION:
3. City Council Appointed and Filled the Five Vacancies on the Senior
Commission: Kirk Bauermeister, Stella S. Adkins and Janet Lee Krochman to
a 4 Year Term and Ernie Feeney and John S. McGlinn to a 2 Year Term.
Council Member Foley stated for the record that out of the appointments made, 6
made donations to the campaigns for Mayor Pro Tem Righeimer, Mayor
Mensinger and OC Taxpayers. (02:57:43)
Mayor Pro Tem Righeimer spoke on donations by the Police Associations.
(02:58:00)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 15
3. APPROVAL OF MAYOR'S APPOINTMENTS TO THE BOARDS OF THE
COSTA MESA CONFERENCE AND VISITOR BUREAU, TRANSPORTATION
CORRIDOR AGENCY AND THE ORANGE COUNTY VECTOR CONTROL
DISTRICT AND REVIEW OF POTENTIAL NEW COMMITTEES - (02:58:47)
Kelly Shelton presented Staff Report. (02:59:05)
Council Member Genis questioned the appointing authority; and asked for
clarification. (03:00:21)
Council Member Monahan stated the selection has been conducted this way for
a while. (03:01:48)
City Attorney Duarte commented that it can be reviewed. (03:02:07).
Kelly Shelton stated that in 1992 there was a different process; however, Staff
was unable to locate the staff report that outlined the process. (03:02:25)
Public Comments:
Christopher Otis, Costa Mesa, requested that the Council make the right
decision. (03:04:52)
Beth Refakes, Costa Mesa, spoke on the Military Affairs team; and requested to
operating the same way with Mr. Baker as the Staff Liaison. (03:05:07)
MOVED/SECOND: Council Member Genis/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
Motion carried: 5-0
ACTION:
City Council Approved the Mayor's Appointments to the Boards of the:
1. Costa Mesa Conference and Visitor Bureau (CMCVD) — Appointee Mayor
Mensinger and Alternate Council Member Monahan.
2. Transportation Corridor Agency (TCA) — Appointee Council Member
Monahan and Alternate Mayor Pro Tem Righeimer.
3. Orange County Vector Control District (OCVCD) — Appointee Council
Member Monahan and Alternate Council Member Genis.
Minutes — Regular/Special Meeting — January 20, 2015 - Page 16
MOVED/SECOND: Council Member Foley/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
Motion carried: 5-0
ACTION:
4. City Council Directed Staff to Begin the Process of Forming a Bikeway and
Walkability Committee.
City Council recessed for a break at 8:59 p.m.
Council Member Monahan recused himself due to the project's proximity to his
residence within the 500 ft. radius.
City Council reconvened the meeting at 9:08 p.m.
PUBLIC HEARINGS (CONTINUED) — (03:22:40)
2. APPEAL OF THE REVOCATION OF PLANNING APPLICATION PA -87-154:
CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD RECYCLING
FACILITY (REPLANET, FORMERLY EARTHWIZE RECYCLING) 2180
NEWPORT BOULEVARD
Mel Lee, Senior Planner, presented the Staff Report. (03:23:39)
Greg Palmer, City Attorney's Office, presented, in depth, the facts and
circumstances in support of the revocation of an existing Conditional Use Permit;
and conducted a trial De Novo. (03:57:00)
Brenda Green, City Clerk, swore -in as Witnesses for the City: DeAnne
Hemmens, Christy Turley and Tyler Turley. (04:12:40)
Mr. Palmer called Witness No. 1, DeAnne Hemmens, Rural Lane resident, to
testify. (04:13:15)
Mr. Palmer called Witness No. 2, Christy Turley, Rural Lane resident, to testify.
(04:44:36)
Mr. Palmer called Witness No. 3, Tyler Turley, Rural Lane resident, to testify.
(04:53:12)
City Council recessed for a break at 10:46 p.m.
City Council reconvened the meeting at 10:50 p.m.
Minutes — Regular/Special Meeting — January 20, 2015 - Page 17
Paige Gosney, Attorney at Jackson/DeMarco/Tidus/Peckenpaugh, representing
the appellant RePlanet, spoke on the operations at RePlanet. (05:04:28)
Joe Perez, Director of Business Development for RePlanet, spoke on reverse
vending machines. (05:22:10)
Public Comments:
Larry O'Leary, Costa Mesa, spoke on his proximity of RePlanet to his home;
transients hanging out between the recycling center and massage parlor; and
noise and dirt issues. (05:55:17)
Christopher Otis, Costa Mesa, spoke on non-compliance of stores and their
recycling requirements; pick up days; and loitering around RePlanet. (05:56:40)
Laura Peralta, California Grocers Association, spoke on issues and options with
recycling; needing the facility in the City; and money reinvested in the City.
(05:59:41)
Discussion ensued in regards to reverse vending machines. (06:03:50)
Marianne Comp, Costa Mesa, spoke on safety issues, the business has
outgrown the site; and move location to accommodate growing business.
(06:12:21)
MOTION: To continue the meeting past midnight.
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem
Righeimer, and Mayor Mensinger.
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
Angela Miner, Costa Mesa, spoke on the location outgrowing their location; and
the homeless. (06:14:03)
Speaker, Costa Mesa, spoke on nuisance, noises, trash; and loitering.
(06:15:11)
Speaker, Costa Mesa, spoke on nuisance, noises, trash, loitering; and wants
location moved.
Tyler Turley, Costa Mesa, spoke on the growth at the center; the Irvine facility's
not close to residential; and the Costa Mesa location too close to residential.
(06:16:32)
Minutes — Regular/Special Meeting — January 20, 2015 - Page 18
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1
1
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DeAnne Hemmens, Costa Mesa, spoke on the homeless problem. (06:19:23)
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Mayor Pro Tem
Righeimer, and Mayor Mensinger.
Nays: None
Absent: Council Member Monahan
Motion carried: 4-0-1
ACTION:
City Council Upheld the Planning Commission's Revocation of PA -87-154 by
Adopting a Resolution Consistent with its Findings as Follows:
• Made Findings that RePlanet Recycling Facility has been Operated in
Violation of the Conditions of Approval in Conditional Use Permit PA -87-154
and/or as a Public Nuisance, Such that the Planning Commission's
Revocation of the CUP was Justified; and Upheld the Planning Commission's
Revocation.
REPORT — CITY ATTORNEY — (06:29:48)
ADJOURNMENT — To the Regular Meeting, February 3, 2015, 5:00 p.m.
The Mayor ad
Stephen M. Mens
Brenda Green,
erk
meeting at 12:16 a.m.
r
Minutes — Regular/Special Meeting — January 20, 2015 - Page 19