HomeMy WebLinkAbout03/06/2012 - City CouncilI
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
March 06, 2012
The City Council of the City of Costa Mesa, California met in a regular session on March 06,
2012 at 5 p.m. in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting
was called to order by the Mayor.
PUBLIC COMMENTS - No public comments received.
CLOSED SESSION
2.
and
gers
PLEDGE OF ALLEGIANCE - Mayor Gary Monahan (00:00:09)
MOMENT OF SOLEMN EXPRESSION - Pastor Rod Randall, Harbor Trinity Baptist
Church (00:00:33)
ROLL CALL (00:01:22)
Council Members Present:
Mayor Gary Monahan
Mayor Pro Tem James Righeimer
Council Member Eric R. Bever
Council Member Wendy Leece
Council Member Stephen Mensinger
Council Members Absent: None
Officials Present: Chief Executive Officer Thomas R. Hatch
City Attorney Thomas Duarte
Interim Development Services Director Khanh
Nguyen
Transportation Services Manager Raja Sethuraman
Assistant Chief Executive Officer Rick Francis
Public Affairs Manager Dan Joyce
Public Affairs Manager Bill Lobdell
City Clerk Julie Folcik
CLOSED SESSION REPORT
ANNOUNCEMENTS (00:01:35)
The Mayor played a video clip of the "Costa Mesa Minute," featuring the
following upcoming events:
-6th Annual St. Patrick's Day Festival - March 17 from 10 a.m. to 3:30 p.m. - OC
Market Place
-Estancia High School Drama proudly presents "Grease" - March 8-10 - Estancia
High School - For more information, call (949) 515-6537
-Costa Mesa Sanitary District's free composting workshop - March 11 at 10 a.m.
- Fairview Park - For more information, call (949) 645-8400
-Safety in the Home Workshop, hosted by the Costa Mesa Historical Society -
March 18 at 2:30 p.m. - For more information, call (949) 631-5918 or visit
www.costamesahistory.org
-36th Annual Home Remodeling & Decorating Show - March 17-18 - OC Fair &
Event Center - For more information, call (909) 447-9091 or visit
thehomeshow.com
-Newport Harbor Pony and Little League Baseball opening - March 10 - Mariners
Park, Newport Beach
PRESENTATIONS (00:04:14)
Bill Hossfeld of the Newport Balboa Rotary Club made a presentation about
Arbor Day and the club's involvement in Arbor Day activities in the Newport
Beach and Costa Mesa communities.
PUBLIC COMMENTS (00:08:10)
Jay Humphrey, Costa Mesa, spoke about the charter on the agenda and Costa
Mesans for Responsible Growth. (00:09:24)
Robin Leffler, Costa Mesa, provided an overview of the efforts, interests and
demographics of Costa Mesans for Responsible Growth. (00:11:21)
Dee Smith, Costa Mesa, shared her witness encounter of a recent incident at Del
Taco located at 17th Street and Newport Boulevard, and made
recommendations to reopen the police substation, increase police presence in
early morning hours, and upgrade the dispatch equipment. (00:15:12)
James Cowell, Costa Mesa, spoke in support of the Council and their efforts.
(00:18:15)
Caryssa Meintz, Costa Mesa, Newport Harbor High School student, encouraged the
ban of styrofoam in restaurants. (00:18:57) 1
Antonio Rossi, Costa Mesa, Newport Harbor High School student, shared
surrounding municipal efforts to ban styrofoam, and encouraged the ban of
styrofoam in the city. (00:20:05)
Eloise Off, Costa Mesa, referred to James Wilson's "broken windows" concept
and spoke about darkened widows.
Marley Manfredi, Costa Mesa, Davis Magnet School student, spoke about the
dangers of styrofoam and encouraged the ban of styrofoam in the city. (00:23:31)
Lisa Manfredi, Costa Mesa, urged the ban of styrofoam in city restaurants.
(00:24:23)
John Feeney, Costa Mesa, expressed concern in the potential increase of
emergency services fees and opined that the services should be paid for by tax
dollars. (00:25:54)
Carter Higgs, Santa Ana, spoke about the Brown Act and disclosure of
documents related to medical marijuana. (00:28:17)
Tom Pollitt, Costa Mesa, thanked the Council for their efforts to balance the
budget and reduce expenses, and expressed concern regarding staff overtime.
(00:31:23)
Bob Drake, Costa Mesa, thanked the Council for their efforts. (00:34:17)
Pamela Wilson, Costa Mesa, complimented the Council for their efforts related to
the budget, payroll, the hiring of the police chief, and the workers' compensation
claims. (00:35:30)
Judy Walker, Costa Mesa, spoke in support of Council's efforts. (00:37:12)
H.B. Corcorran, Santa Ana, thanked the Council for their efforts and
complimented the fire and police department staff. (00:38:34)
Ron Amburgey, Costa Mesa, thanked the Council for their efforts and
commended the city for increased transparency. (00:39:30)
Angel and Jacqui Lopez, Costa Mesa, expressed concerns about the residential
development, UMP -12-01, behind their home and potentital drainage issues.
(00:41:13)
Perry Valantine, Costa Mesa, complimented city staff, indicated that overtime
pay is not considered as part of pension through PERS, and requested that New
Business Item No. 2(d) be heard separately. (00:43:26)
Jay Photoglou spoke about his experience with the police department regarding
a personal civil matter. (00:45:36)
Greg Thunell, Costa Mesa, commented on the sale of the ABLE helicopters, and
shared a parable. (00:48:33)
Tamar Goldmann, Costa Mesa, spoke about council meeting decorum at a
previous meeting and opined that holding up cards is a quiet form of expression.
(00:51:42)
Harold Weitzberg, Costa Mesa, thanked the Council for removing the apathy,
and urged Council to work smart, not hard. (00:54:19)
Weston Mickey, Director of Petition Alliance Management, spoke about a city
initiative regarding medical marijuana. (00:56:30)
Sandra Genis, Costa Mesa, suggested that New Business Item No. 2(a) be
discussed separately from NB -2(d) and commented on decorum at a previous
meeting. (00:57:40)
Kathy Herzog, Costa Mesa, commented on the city of Stockton bankruptcy, and
expressed support in the Council and the charter. (00:59:38)
Tom Egan, Costa Mesa, expressed disapproval of placing the charter toward the
end of the agenda. (01:01:01)
CONSENT CALENDAR ITEM NOS. 1 THROUGH 9 (01:03:01)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1
through 9, except for Consent Calendar Item Nos. 6, 7, and 9.
Moved by Mayor Gary Monahan, seconded by Council Member Eric R.
Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council Member
Stephen Mensinger
Noes: None.
Absent: None.
Reading Folder.
(a) Claims received by the City Clerk: Mark Eisenberg on behalf of Victor
L. Baltusis; Jill Pagel on behalf of Enterprise Rent A Car; State Farm
Insurance; State Farm Insurance (Case Number 7504J4940); Mark W.
Eisenberg on behalf of Agnieszka Szczerbinska-Baltusis.
(b) Request for Alcohol Beverage Control license: Yakitori Hoho, 891
Baker Street, Suite B15. Minutes
ACTION: Received and processed.
i
2. Special Joint Meeting. of the City. Council and Redevelopment. Agency of
January 10 2012.
ACTION: Adopted Resolution No. 12-13: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING THE CITY CHIEF EXECUTIVE OFFICER OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT TO TRANSFER OR
PURCHASE EQUIPMENT OR SERVICES FOR THE FY 2011 URBAN
AREAS SECURITY INITIATIVE GRANT (UASI); and approved Budget
Adjustment No. 12-012 for $68,980.
ACTION: Approved.
3.
WARRANT RESOLUTION 2409: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA ALLOWING
CERTAIN CLAIMS AND DEMANDS INCLUDING. PAYROLL REGISTER
NO. 12-04 AND PAYROLL REGISTER NO. 12-03A AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID funding
PayrollNo.. 12-04 for $2,043,263.51 and Payroll No 12-03A for negative
$1 958,33, and City operating expenses for $747,227.94, including payroll
deductions.
ACTION: Adopted resolution.
4.
WARRANT RESOLUTION 2410: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA_ MESA,. CALIFORNIA ALLOWING
CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS
OUTOF WHICH THE SAME ARE TO BE PAID, funding City operating
expenses for $852,997.92.
ACTION: Adopted resolution.
5.
Professional Services Agreement with Onward_ Engineering 300 South
Harbor. Boulevard Anaheim for engineering_ services for design of Harbor
Boulevard and Gisler Avenue intersection improvements, in the amount of
171,938.
(a) Budget Adjustment No. 12-010 for $172,500.
ACTION: Approved and authorized Mayor and City Clerk to sign;
approved Budget Adjustment No. 12-010 for $172,500.
8.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA CALIFORNIA AUTHORIZING THE CITY CHIEF EXECUTIVE
OFFICER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT TO
TRANSFER OR PURCHASE EQUIPMENT OR SERVICES FOR THE FY
2011. URBAN AREAS SECURITY INITIATIVE GRANT_(UASIJ_
(a) Budget Adjustment No. 12-012 for $68,980.
ACTION: Adopted Resolution No. 12-13: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING THE CITY CHIEF EXECUTIVE OFFICER OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT TO TRANSFER OR
PURCHASE EQUIPMENT OR SERVICES FOR THE FY 2011 URBAN
AREAS SECURITY INITIATIVE GRANT (UASI); and approved Budget
Adjustment No. 12-012 for $68,980.
ITEMS REMOVED FROM CONSENT CALENDAR (01:03:53)
6. Professional Services Agreement with Merrill & Associates 1305 Pioneer
Street Brea, for the upgrade of the City's Avaya ph_onestem in the
amount of 5257,740,_ 01:03:53
(a) Budget Adjustment No. 12-009 for $18,000.
Tom Egan, Costa Mesa, asked why the city had to pay sales tax on the
transaction. (01:04:53)
MOTION: Approve and authorize the Mayor and City Clerk to sign;
approve Budget Adjustment No. 12-009.
Moved by Mayor Gary Monahan, seconded by Council Member Eric
R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
7. Measure _M2 Environmental Cleanup Grant Funds in the amount of
$100,000. (01:04:39)
(a) Authorize use of County of Orange Master Agreement MA -080-
11011795 with West Coast Storm, Inc. to purchase an install catch basin
screens.
(b) Budget Adjustment No. 12-011 for $100,000.
(c) Subordinate agreement with West Coast Storm, Inc. for installation of
catch basin screens.
Council Member Leece inquired about the retractable aspect of the catch
basin screens. (01:04:42)
Transportation Manager Raja Sethuraman explained that the screens are
placed in front of the catch basins to collect dirt and debris, and will
automatically open when there is a large amount of debris. (01:05:15)
MOTION: Approve and authorize Mayor and City Clerk to sign;
approve Budget Adjustment No. 12-011.
Moved by Council Member Wendy Leece, seconded by Mayor Gary
Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
C' Member Stephen Mensinger
[` Noes: None.
Absent: None.
9. A RESOLUTION OF THE CITY COUNCILOF THE CITY OF COSTA
MESA CALIFORNIA, AFFIRMING THE MAYOR'S SELECTION AND
APPOINTMENT OF TWO MEMBERS TO THE OVERSIGHT BOARD
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE DIVISION
24 PART 1.85 SECTION 34179._(0L07715)
Council Member Leece requested clarification regarding the number of
committee member appointments, the function of the board, and who the
board is accountable to. (01:07:15)
CEO Hatch explained that the per state law, the Oversight Board consists
of seven members. The Mayor may make two appointments, but one
must be from the recoginzed employee organization representing former
Redevelopment Agency employees. Mayor Pro Tem Righeimer, Assistant
CEO Francis and CEO Hatch were also appointed to the board by the
County of Orange. (01:08:07)
Special Counsel Celeste Brady stated the seven -member board will
consist of three County appointments, two mayoral appointments, one
appointment from the community college district, and one appointment to
represent the superintendent of schools. The role of the Oversight Board
is to oversee the Successor Agency. (01:10:36)
MOTION: Adopt Resolution No. 12.14: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AFFIRMING
THE MAYOR'S SELECTION AND APPOINTMENT OF TWO MEMBERS
TO THE OVERSIGHT BOARD PURSUANT TO CALIFORNIA HEALTH
AND SAFETY CODE, DIVISION 24, PART 1.85, SECTION 34179.
Moved by Mayor Gary Monahan, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
REPORT - CHIEF EXECUTIVE OFFICER (CEO) (01:14:17)
CEO Hatch responded to comments from public speakers and provided the
following updates (01:14:17):
1. Referred to comments regarding a business license consultant, indicated that
a contract would be signed to begin the process of analyzing the business
license process, and a report would be presented upon completion of the review;
2. Referred to comments about the workers' compensation review, and stated
that Management Partners conducted a review of the processes and 14
recommendations were part of the process, which included ways to reduce the
costs and increase efficiencies;
3. Announced the upcoming Large Item Disposal program pick-up days on April
21 and June 2;
4. Announced that the vision for Harbor Boulevard improvements and the annual
Community Development Block Grant funds would be discussed at the next
Study Session;
5. Commented on overtime costs and indicated that overtime is not calculated as
part of the retirement formulas;
6. Announced that the report on the midyear budget review will be presented at
the March 20 City Council meeting; and
7. Spoke about the ABLE program and the contract with the City of Huntington
Beach for helicopter services, and noted the effectiveness of the contract and a
savings of approximately $1.2 million per year; and
8. Referred to comments regarding the agenda and indicated that there was no
attempt to enlarge the agenda.
PUBLIC HEARINGS (01:21:18)
PUBLIC HEARING: Continued from the.. meeting of November 1 2011
Planning Application PA -11-03, for Kevin Coleman for a conditional use
permit to install a 40 -foot -long by 40 -foot wide helipad/helistop on the roof
of an existing industrial building_ located at 3132 Airway Avenue.
Environmental determination Exempt (01:2133)
Denis LaBonge, Newport Beach, spoke on behalf of property owners at
3130-3140 Airway Avenue and in opposition of the proposed
helipad. (01:22:09)
Council Member Leece asked if there were any limits to the number of
continuances the applicant can have. City Attorney responded that there
were not. (01:25:27)
MOTION: Continue to the meeting of June 19, 2012, as requested by
the applicant.
Moved by Mayor Gary Monahan, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
�" OLD BUSINESS (01:26:13)
■ill
1. From. the meeting of February 7, 2012 Amendment to the contract
between CalPERS and the_City of Costa Mesa to include provisions
pursuant to Government Code Section. 20475 in order to implement the
2%@60 retirement formula(M_iscellaneous Group) (01:26:181
(a) AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
(b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY OF COSTA MESA AND BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
Human Resources Manager Lance Nakamoto presented the report.
(01:27:16)
Mayor Pro Tem Righeimer expressed appreciation to the miscellaneous
employee group for moving forward with the proposed pension formula for
new hires, and implored the safety groups to do the same. (01:28:44)
MOTION: Adopt Urgency Ordinance No. 12-2: AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF COSTA MESA AND BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM, to be read by title only and waive further
reading.
Moved by Mayor Gary Monahan, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
MOTION: Approve Adopt Ordinance No. 12-1: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF COSTA MESA AND BOARD OF ADMINISTRATION OF
!L [` THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, to
be read by title only and waive further reading.
Moved by Mayor Gary Monahan, seconded by Council Member
Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
NEW BUSINESS (01:30:28)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA CALIFORNIA, DESIGNATING THE EVENT ROUTE AND
STREET CLOSURES FOR THE 2012 ORANGE COUNTY MARATHON.
(01:30:28)
Transportation Services Manager Raja Sethuraman made the
presentation and responded to questions from the council regarding
overtime, hours of street closures for residents, and methods of notifying
the residents of the closures and impacts. (01:30:45)
MOTION: Adopt Resolution No. 12-15: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
DESIGNATING THE EVENT ROUTE AND STREET CLOSURES FOR
THE 2012 ORANGE COUNTY MARATHON.
Moved by Mayor Gary Monahan, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
The Mayor recessed the meeting at 7:37 p.m.
The Mayor reconvened the meeting at 7:55 p.m.
2. Proposed_ city charter and placement _ on the June 5 2012 ballot.
(01:36740
)
(a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, PROPOSING A MEASURE FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION WHETHER THE
CITY OF COSTA MESA SHALL ADOPT THE PROPOSED CHARTER.
(b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA ]
MESA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE J
Council Member Leece asked about the ballot title and when the impartial
analysis would be written. The City Attorney indicated that he would write
the impartial analysis, and City Clerk Julie Folcik clarified that the ballot
title is informational only and will be published in the newspaper as part of
HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 5, 2012, AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL
LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A
QUESTION RELATING TO THE ADOPTION OF A PROPOSED
CHARTER BY THE CITY.
(c) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2012, WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE.
(d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
(e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE SPECIAL
MUNICIPAL ELECTION.
City Attorney Tom Duarte presented the report and resolutions, explained
the process for adopting the charter, and noted that Michael Houston,
attorney for the League of California Cities, was present to answer any
questions. City Attorney Duarte advised that the council members may
direct staff to send informational mailers to the residents and print the full
charter on the ballot, if desired. (01:38:35)
Mayor Monahan announced that at this time he would give each council
member the opportunity to ask questions or make comments. (01:41:08)
Mayor Monahan commented on the speed of the charter process, and
indicated that there were several meetings held and the city was
compliant with code; spoke about the democratic process and the
importance of allowing the residents to vote for or oppose the charter; and
reflected on the actions of a former community group and commented on
the fear of change. (01:41:15)
In response to Mayor Pro Tem Righeimer's question regarding an
attachment to the first resolution, City Attorney Duarte clarified that Exhibit
A is Attachment 7. (1:47:11)
Council Member Leece asked about the ballot title and when the impartial
analysis would be written. The City Attorney indicated that he would write
the impartial analysis, and City Clerk Julie Folcik clarified that the ballot
title is informational only and will be published in the newspaper as part of
the public notice. (1:47:47)
The City Attorney responded to questions from Council Member
Leece regarding the enumeration of powers, the process to remove an
administrative officer, zoning ordinances and consistency with the general
plan, the process of setting a value for the exemption of public works
contracts from public bidding procedures, employee contributions to
employee organizations, language regarding a payroll mechanism for the
purpose of payroll deductions for political activities of an employee
organization, and prevailing wage. (1:49:48-2:03:17)
Robert Rosso, Costa Mesa, spoke in support of local control and securing
services at the lowest price. (02:03:45)
Jay Humphrey, Costa Mesa, noted that charter cities are not doing
anything much differently than general law cities, and expressed concern
regarding enumeration of powers. (02:05:03)
Robert Lauten, Brea, spoke about how a charter would affect the city as it
relates to global warming and local control. (02:08:25)
Flo Martin, Costa Mesa, opposed the placement of the charter on the
June ballot due to low voter turnout. (02:09:56)
Perry Valantine, Costa Mesa, commented on the speed of the charter
process, the cost of the charter; opined that the ballot summary is
inaccurate; and expressed the need for an impartial summary before the
impartial analysis. (02:12:57)
Terry Koken, Costa Mesa, sang in opposition of the proposed charter,
recommended a new city motto, and asked if there is an alternative to the
proposed charter. (02:17:04)
Tamar Goldmann, Costa Mesa, commented on local control and opined
that the charter process has been rushed. (02:19:43)
Tom Egan, Costa Mesa, opined that the charter process was rushed and
that the charter was drafted undemocratically without a committee.
Eleanor Egan, Costa Mesa, commented on the the use of public funds for
the charter campaign and mailings, and spoke in opposition of the charter.
Joy Williams, Costa Mesa, opined that the charter process was rushed
and encouraged placing the charter on the November ballot, and made
recommendations to amend paragraph 3 of Section 201 to 10 years and
conduct a public hearing to review the charter every 10 years. (02:28:27)
George Greenwalt, Costa Mesa, expressed concern regarding the speed
of the charter process and how staff reductions will make the city safer.
(02:30:39)
Robert Matthew Kennicott, Costa Mesa, read the preamble of the charter
and spoke in support of the charter. (02:32:45)
Alan Remington, Costa Mesa, recommended that someone other than the
city attorney draft the charter. (02:35:32)
Susan Meyer, Costa Mesa, encouraged the Council to vote in opposition
of the proposed resolutions and spoke in support of a charter commission.
(02:37:05)
Cindy Brenneman, Costa Mesa, supported placement of the charter on
the November ballot. (02:40:22)
James Cowell, Costa Mesa, spoke in support of the charter and allowing
the residents to vote on it. (02:43:41)
Robin Leffler, Costa Mesa, spoke in support of a charter commission and
expressed concern regarding the summary of the analysis. (02:46:30)
Greg Thunell, Costa Mesa, criticized the charter flyer and inquired about
the cost to mail it. (02:48:59)
Gabriela Trujillo, Costa Mesa, spoke about the interests of the residents
and asked how the charter would affect free speech, unions, migrants,
day laborers, and schools. (02:52:13)
Beth Refakes, Costa Mesa, expressed concern regarding the city
attorney's ability to write an unbiased opinion, commented on Section 403
regarding taxes and expressed concern in the Council's ability to tax, and
recommended that the charter be reviewed every five years. (02:53:15)
Council Member Bever agreed with the previous speaker and indicated he
would not want the Council to have taxing powers either, but noted that
the quoted section specifically limits property transfer tax, and clarified
other taxes would still need to be voted upon by the residents. (02:53:25)
Harold Weitzberg, Costa Mesa, spoke about the Costa Mesans for
Responsible Government's objectives, and urged Council to slow down
the charter process. (02:57:16)
Jeff Cullen, Costa Mesa, opined that the charter process was rushed and
urged the hiring of someone impartial to provide pros and cons of the
charter. (02:58:59)
Gene Hutchins, Costa Mesa, spoke in favor of the charter and the speed
�"' of the process. (03:02:18)
Greg Ridge, Costa Mesa, spoke in opposition of the charter. (03:04:42)
John Stephens, Costa Mesa, asked what the council wants to do that is
now illegal and would require a charter. (03:07:55)
Sandra Genis, Costa Mesa, urged that the full text of the charter be
printed in the ballot book or provided to every resident, and commented
on Attachment 6, Section 103, and Costa Mesans for Responsible
Government. (03:10:59)
Sue Lester, Costa Mesa, not opposed to a charter, but spoke in
opposition of the proposed charter. (03:13:42)
Mayor Pro Tem Righeimer thanked everyone for their input; provided an
overview of the charter process; commented on employee compensation;
said that "home rule" is what a charter is; indicated the desire for the
ability to outsource or contract services; noted that the language in the
charter is legally verified; spoke about cost savings in regards to
prevailing wage; commented on the process and timing of the charter,
and informed that five other cities did not use committees; and stated he
is doing what he thinks is best for the city. (03:17:15)
Council Member Leece inquired about the use of funds for the information
flyers, what is considered "impartial," about the ballot title and question,
and if changes could be made to the charter; expressed disappointment
that there was not a charter committee and commented that the charter
was rushed. (03:33:34)
Counsel responded to the questions and indicated taxpayer funds can be
used for the flyers for informational purpose and that there are special
statutory references stating public agencies cannot publicly advocate on a
particular issue, and stated that the city attorney writes the ballot
title/question per elections code.
Council Member Bever stated that some speakers did not appear clear on
the concept of the charter and process; indicated that the city's municipal
code would remain almost wholly intact; referred to comments regarding
"unbridled power" and indicated that the process has always been based
on a majodty vote; commented on diminishing available resources and
financial challenges and Council's efforts to find ways to ensure the
Council will have the resources to maintain a safe and healthy
community; disagreed with comments made suggesting that the charter
would undermine the competitiveness as a safe, clean city of the
arts; noted that the charter process was indeed democratic, stating that
there were many good suggestions submitted, but the issues were
already covered or not possible; and spoke in support of the proposed
charter. (03:46:20)
Council Member Mensinger spoke in support of the charter. (03:51:30)
Mayor Monahan stressed the importance of giving the residents the
opportunity to decide on the charter, noted that very little is changing in
terms of council control and three votes constitutes the majority, and
disagreed with comments made that the federal government "can do it
better [than the city]." (03:56:48)
MOTION: Adopt Resolution No. 12-16: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
PROPOSING A MEASURE FOR THE SUBMISSION TO THE VOTERS
OF A QUESTION WHETHER THE CITY OF COSTA MESA SHALL
ADOPT THE PROPOSED CHARTER.
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: None.
MOTION: Adopt Resolution No. 12-17: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012, AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE
ADOPTION OF A PROPOSED CHARTER BY THE CITY.
Moved by Mayor Pro Tem James Righeimer, seconded by Mayor
Gary Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: None.
MOTION: Adopt Resolution No. 12-18: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO
BE HELD ON JUNE 5, 2012, WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF
THE ELECTIONS CODE.
Moved by Mayor Pro Tem James Righeimer, seconded by Mayor
Gary Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: None.
MOTION: Adopt Resolution No. 12-19: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENT(S) REGARDING A
CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS.
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: None.
MOTION: Adopt Resolution No. 12-20: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING
FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION.
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: None.
MOTION: Include the entire charter in the sample ballot.
Moved by Mayor Gary Monahan, seconded by Council Member
Stephen Mensinger.
The motion carried by the following roll call vole:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
MOTION: Provide information mailers as the election approaches.
Moved by Mayor Gary Monahan, seconded by Council Member Eric
R. Bever.
The motion carried by the following roll call vote:
[-
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
■ilMember
Eric R. Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: None.
The Mayor recessed the meeting at 10:25 p.m.
The Mayor reconvennd the meeting at 10:33 p.m.
3. Creation of an annual performance audit process. (04:07:11)
CEO Tom Hatch briefly introduced the report and indicated the purpose of
the report is to acquire general conceptual direction from Council.
(04:07:16)
Council Member Mensinger added that performance audits are used in 99
percent of the private sector and are also known as performance
evaluations. He credited the improvements made to the police department
based on an audit, and considers an audit as a tool that the Council and
CEO can use together to answer and ask questions. (04:09:23)
Council Member Leece asked how staff would determine what would be
audited and if we would pay an outside consultant to conduct audit.
Council Member Mensinger clarified that audit priorities would be
determined by Council and CEO Hatch, but the audits would be
conducted by outside consultants similar to the city's current Management
Partners auditor. (04:13:31)
Mayor Pro Tem Righeimer inquired about the process to determine areas
to be audited. CEO Hatch indicated that a more detailed process may
be presented when staff brings back the report, but shared that, in his
perspective, larger areas could be determined as part of the budget
process, and as a part of the review process, Council could select
services areas to commence with the new fiscal year and approve by
majority vote. (04:17:51)
Mayor Monahan supported reviewing fire permits, fire licenses,
and business licenses. (04:19:17)
Council Member Mensinger suggested that the amount be increased to a
maximum of $100,000 and directed staff to review the County of Orange's
performance auditing process. (04:19:57)
Sandra Genis, Costa Mesa, spoke in support but noted pros and cons of
in-house staff for auditing, and suggested a permanent auditing system.
(04:21:01)
Council Member Bever thanked staff and Council Member Mensinger for
(' moving forward with the idea. (04:23:31)
Council Member Mensinger, in response to the public speaker's
comments, expressed opposition in an internal audit and stated that an
audit needs to be external and permanent through a policy. (04:23:45)
Mayor Pro Tem Righeimer asked about the timeframe. CEO Hatch stated
the goal is to present at the next Council meeting or the first meeting in
April. (04:25:45)
Mayor Monahan asked if this would be started with the next budget cycle.
Council Member Mensinger indicated he would like to start with Workers'
Compensation. (04:26:14)
In response to Council Member Leece's question regarding funding for
the audit, CEO Hatch stated that the money would come from the
contingency fund. (04:26:36)
MOTION: Direct staff to create an annual performance audit
evaluation, and increase the amount to $100,000.
Moved by Council Member Stephen Mensinger, seconded by Council
Member Eric R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Eric R. Bever, Council Member Wendy Leece, Council
Member Stephen Mensinger
Noes: None.
Absent: None.
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (04:27:15)
Council Member Mensinger commented on the Home Ranch/IKEA development
and the revenue benefit to the city; referred to crime and statistics related to
motels and hotels and noted that crime is not related to the number of cops, but
related to the people the city attracts; opined that the city has gone too slow to
resolve issues. (04:27:16)
Council Member Bever complimented staff on the content of the recent minutes;
asked that medical marijuana be agendized for discussion; and suggested that a
letter be sent to the federal government or appropriate agency to request that
they and the State work together to find ways to distribute medical marijuana
through the pharmacy network to ensure availability in every city and the purity of
the substance. (04:35:22)
Council Member Leece commented on campaigns and the charter, and
promoted Costa Mesans for Responsible Government and its website. (04:37:42)
i
ADJOURNMENT - The Mayor adjourned the meeting at 11:05 p.m. to March 13,
2012 at 4:30 p.m. for a Study Session. Next Regular City Council Meeting: March
20, 2012.
ATTEST: /� \
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Acting Deputy City Clerk of the City of Costa Mesa
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Mayor of the City of Costa Mesa