HomeMy WebLinkAbout06/05/2012 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
June 05, 2012
The City Council of the City of Costa Mesa, California met in a regular session on June
05, 2012 at 6 p.m. in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa.
The meeting was called to order by the Mayor.
PLEDGE OF ALLEGIANCE (00:00:03)
ROLL CALL (00:01:14)
Council Members Mayor Eric R. Bever
Present: Mayor Pro Tem James Righeimer
Council Member Wendy Leece
Council Member Stephen Mensinger
Council Members
Absent:
Officials Present:
ANNOUNCEMENTS (00:01:31)
Council Member Gary Monahan
Chief Executive Officer Thomas R. Hatch
City Attorney Thomas Duarte
Economic and Development Services Director Peter
Naghavi
Public Services Director Ernesto Munoz
Assistant Chief Executive Officer Rick Francis
Finance and IT Director Bobby Young
Police Chief Tom Gazsi
Interim Fire Chief Tom Arnold
Public Affairs Manager Dan Joyce
Public Affairs Manager Bill Lobdell
Acting Deputy City Clerk Christine Cordon
Interim City Clerk Brenda Green
The Mayor played a video clip of the "Costa Mesa Minute," featuring the
following upcoming events:
-Thursday, June 7 at 5:30 p.m. - "Get on Target Accelerate Your Business"
workshop - Chuck Jones Center for Creativity, 400 MacArthur Boulevard,
Newport Beach
-Thursday, June 7 from 7:30 to 9:30 p.m. - Fight Club OC - OC Fair & Event
Center, The Hangar
-Thursday, June 7 through Saturday, June 9 - Sugar Plum Arts, Crafts, Antiques
& Collectibles - OC Fair & Event Center
-Friday, June 8 - Vanguard University (Lyceum Theater) & American Coast
Regular Meeting - June 5, 2012 - Page 1
Theater Company Summer 2012 Season present the opening night of 'The
Taming of the Shrew" by William Shakespeare
-Saturday, June 9 at 7 p.m. - Costa Mesa Speedway: FMX Night will be at the
OC Fair & Event Center - Grandstand Arena.
-Saturday, June 9 through Sunday, June 10 - OC BBQ & Music Fest - OC Fair &
Event Center
-Saturday, June 9 from 10 a.m. through Sunday, June 10 at 10 a.m. - American
Cancer Society's Relay for Life at Estancia High School
-June 22-24 - 3rd annual Barrett -Jackson Orange County Collector Car Auction
at the OC Fair & Event Center
PRESENTATIONS (00:05:14)
The Mayor recognized Management Analyst Hilda Veturis as employee of the
month for June. (00:05:14)
Eddie iviarquez of Southern California Edison (SCE) presented a rebate check to
the city for energy efficiency efforts related to the retrofit and installation of
chillers at city facilities. (00:10:37)
PUBLIC COMMENTS (00:13:29)
James Bridges, Costa Mesa, complimented staff and spoke about the charter.
(00:13:51)
Jay Litvak, Costa Mesa, read a letter from the U.S. Department of the Interior
National Park Service regarding the use of Tewinkle Park. (00:15:41)
John Feeney, Costa Mesa, commented on the OCTA hearing regarding the 1-405
freeway improvements and spoke in opposition of the proposed expansion.
(00:18:27)
Bob Ooten, Costa Mesa, on behalf of the Costa Mesa Newport Harbor Lions
Club, thanked everyone involved in the Fish Fry, reported the success of the
event, and made recommendations. (00:20:51)
Jeff Mathews, Costa Mesa, proposed a military banner program to honor
residents or those with immediate family in the city who are currently serving in
the armed forces. (00:24:47)
Harold Weitzberg, Costa Mesa, praised a police officer for assisting an eldery
woman cross the road safely. (00:28:11)
Kimberly Clayter, Costa Mesa, suggested that future Council meetings not be
held on Election Day and spoke in opposition of the charter. (00:29:25)
J
Regular Meeting - June 5, 2012 - Page 2
Jay Humphrey, Costa Mesa, urged continued opposition in the 1-405 freeway
improvement project, and stated jail outsourcing is possible under a general law
city. (00:30:11)
Mayor Pro Tem Righeimer clarified that the city does not need to be a charter
city to outsource, but a charter would allow the city to outsource without having to
ask for employees --who are currently suing the city --for permission to outsource
services. (00:32:40)
Phillip Bettencourt, Newport Beach, expressed appreciation for the Pacific
Symphony outdoor concert at the Segerstrom Center for the Arts, and
commented that Costa Mesa is a welcoming city. (00:33:14)
Marshall Krupp, Costa Mesa, commented on crime and police presence in
Providence Park. (00:34:11)
Mary Carranza, Costa Mesa, proposed a fee assistance plan for parks and
recreational programs. (00:35:59)
Mayor Bever clarified that there are flag football and basketball programs that are
subsidized by the city. (00:36:50)
Karen Cortez, Costa Mesa, shared the benefits of parks and recreation programs
and spoke in support of fee assistance. (00:37:00)
James Bosques, Costa Mesa, presented the results of a survey pertaining to the
costs of parks and recreation programs, and spoke in support of a fee assistance
program. (00:38:27)
Jose Puentes, Costa Mesa, spoke in support of a fee assistance program for
parks and recreation programs. (00:39:49)
Eleanor Egan, Costa Mesa, commented on the use plan for Tewinkle Park.
(00:40:51)
Charles Mooney, Costa Mesa, asked if the charter will impact the lawsuit with the
employees' association and expressed other concerns about funds and private
companies. (00:43:23)
Beth Refakes, Costa Mesa, commented on the signs at Triangle Square, spoke
in opposition of the 1-405 freeway improvements, and suggested using speaker
cards for Public Hearing Item No. 2. (00:45:34)
Ernie Feeney, Costa Mesa, reported on the OCTA 1-405 freeway improvements
meeting. (00:48:33)
Sandra Genis, Costa Mesa, encouraged options to litigate regarding 1-405
freeway improvements project and suggested the use of speaker cards for Public
Hearing Item No. 2. (00:51:10)
Regular Meeting -.Tune 5, 2012 - Page 3
Tamar Goldmann, Costa Mesa, acknowledged the youth speakers about the fee
assistance plan, and spoke in opposition of a suggestion for the city to buy
motels and sell them at a loss. (00:52:51)
Sue Lester, Costa Mesa, asked why the city did not participate in the countywide
emergency disaster drill and inquired about the status of the Planning
Commissioner vacancy. (00:56:30)
Terry Koken, Costa Mesa, commented on toll roads and urged Council
opposition to the 1-405 freeway improvements project. (00:57:51)
Jay Photoglou, Costa Mesa, requested an udpate on his public records requests.
(00:58:49)
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (01:01:27)
Mayor Eric R. Bever stated that the Council does share the residents' concerns
regarding Alternative 3 of the OCTA 1-405 freeway improvements, reiterated
Council's clear opposition at the study session, clarified that the previous Council
supported Alternatives 1 and 2, shared that a letter was sent to OCTA and
media detailing the concerns of Alternative 3, requested that staff place a
resolution to oppose Alternative 3 and possibly support other alternatives on the
next Council meeting agenda, announced that the Council will keep all options
open regarding the fight against the 1-405 project, and requested that the city
attorney provide a legal opinion regarding OCTA and toll road board members
and conflict of interest; and complimented staff for the Economic Overview of
Costa Mesa brochure. (01:01:34)
Mayor Pro Tem Jim Righeimer responded to concerns made by public speakers
regarding motels, commented on the improvement and demolishment of bridges
related to the 1-405 freeway project, and reported the success of the recent Fish
Fry event. (01:06:01)
Council Member Wendy Leece addressed concerns made by public speakers;
requested a status report regarding the Big League Dream proposal at Tewinkle
Park; urged residents to provide input regarding the 1-405 freeway project and
announced that the next OCTA Board meeting is on July 23, where they will vote
on which option to proceed with; commended the youth speakers who spoke
about the fee assistance program proposal and requested staff to follow-up; and
shared the Military Affairs Team's first project to support Costa Mesa Police
Department officer and Corporal John Smith. (01:11:55)
Council Member Stephen Mensinger directed staff to discuss the implementation
of a privately funded military banner program, directed staff to explore the option
of selecting an alternate financial auditor, reported on the success of the Fish
Fry, commented on the budget and five-year plan for infrastructure
improvements, and shared that most private youth programs have scholarship
opportunities. (01:20:34)
Regular Meeting - June 5, 2012 - Page 4
I
Mayor Bever acknowledged elderly speakers present and requested that
speaker cards be brought up for Public Hearing Item No. 2. (01:29:00)
REPORT - CHIEF EXECUTIVE OFFICER (CEO) (01:29:20)
CEO Hatch responded to comments from public speakers and provided the
following updates:
1. Announced that information about the OCTA 1-405 project and upcoming
meetings are available through the city's website;
2. Presented a recap of the city's participation at the International Council of
Shopping Centers;
3. Announced the upcoming study session on the budget and joint meeting of
the Housing Authority, Successor Agency, and City Council;
4. Introduced Interim City Clerk Brenda Green;
5. Responded to James Bridges' concerns;
6. Indicated an update regarding the Tewinkle Park Athletic Sports Complex,
including findings regarding noise, would be presented to the Parks and
Recreation Commission; and
7. Police Chief Tom Gazsi has provided a memorandum regarding the disaster
drill.
CONSENT CALENDAR (01:40:46)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1
through 12, except for Consent Calendar Item Nos. 1(c), 2, 3, 4, 5, 6, 7, and
8.
Moved by Mayor Pro Tem James Righeimer, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
1. Reading Folder.
(a) Claims received by the City Clerk: Patricia Bintliff; Christopher Byrne.
(b) Requests for Alcohol Beverage Control licenses: The Pragues Wine
Collection, 575 Anton Boulevard, Suite 300A; East Borough, 2937 Bristol
Street, Suite D102.
ACTION: Received and processed
Regular Meeting - June 5, 2012 - Page 5
9. Adopt plans and specifications and working details for East Side Street
Improvement Project City_Project No. 12-05 and award a construction
contract to All American_.. Asphalt Post Office Box 2229 Corona
California in the amount of $3 557 557.
ACTION: Approved; authorized the Mayor and Acting Deputy City Clerk to
sign
10. Adopt plans and specifications,. and working details for East Side Slurry
Seal Project City Project No. 12-06 and award a construction contract to
Pavement Coatings Co. 10240 Sa_n Sevaine Way Jur_upa Valley,
California,. ina
. the mount of $626,807.20 (base bid plus. additive bid item.).
ACTION: Approved; authorized the Mayor and Acting Deputy City Clerk to
sign
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA CALIFORNIA AUTHORIZING CERTAIN OFFICIALS OF THE
CITY TO FILE APPLICATION WITH THE .CALIFORNIA EMERGENCY
MANAGEMENT AGENCY (CAL EMA1.
ACTION: Adopted Resolution No. 12-36: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO FILE
APPLICATION WITH THE CALIFORNIA EMERGENCY MANAGEMENT
AGENCY (CAL EMA).
12. General Municipal Election on November 6 2012.
(a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6,
2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
ACTION: Adopted Resolution No. 12-37: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
(b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD
OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 6, 2012, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
Regular Meeting - June 5, 2012 - Page 6
SECTION 10403 OF THE ELECTIONS CODE.
ACTION: Adopted Resolution No. 12-38: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
REQUESTING THE ORANGE COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 6, 2012, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
ITEMS REMOVED FROM CONSENT CALENDAR (01:41:47)
1. Reading Folder (01:41:47)
(c) Letter of Notification: Southern California Gas Company's Notice of
Proposed Rate Increase, Advanced Meter Opt -Out Program, Application
No. A.12-05-016.
Council Member Leece commented on concerns regarding radio
waves.
MOTION: Receive and process.
Moved by Mayor Eric R. Bever, seconded by Council Member
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer,
Council Member Wendy Leece, Council Member Stephen
Mensinger
Noes: None.
Absent: Council Member Gary Monahan
2. Continued from the meeting -of May 1 2012 Regular Meeting of April 3
2012' Special Meeting of February13 2012;. Special Meeting of May_8
2012; Regular. Adjourned/Study Session of May 8 20121 and Regular
Meeting of March 20,201201:43:32
Jay Humphrey, Costa Mesa, noted a July 2 deadline for the submission of
statements for the 1-405 project Environmental Impact Report (EIR),
indicated that Alternatives 1 and 2 would impact Moon Park and
residents near Moon Park due to a proposed on-ramp that will ultimately
require the sound wall to be moved near residential property
lines. (01:43:35)
Mayor Bever noted a correction to be made to a public speaker John
Hill's comment in the February 13, 2012 special meeting minutes, and
requested that the motion on the March 20, 2012 regular meeting minutes
related to the adoption of Resolution No. 12-21 include specifically what
Regular Meeting - June 5, 2012 - Page 7
0
was changed to the City Council meeting order of business. (01:45:21)
MOTION: Approve with revisions to the minutes of the February 13,
2012 Special Meeting and the March 20, 2012 Regular Meeting.
Moved by Mayor Eric R. Bever, seconded by Council Member
Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
Robin Leffler, Costa Mesa, inquired about the payment to CTS Language
Link for special election notice translation. (01:47:25)
CEO Hatch explained that the translation was related to the translation of
the proposed charter and is a legal requirement to fulfill. (01:48:21)
MOTION: Approve
Moved by Mayor Eric R. Bever, seconded by Council Member
Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
4. WARRANT RESOLUTION 2422: A_ RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA, MESA CALIFORNIA,_ALLOWING
CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS
OUT OF WHICH THE_SAME ARE TO BE PAID funding City. operating
expenses for $356,399.32.
j
MOTION: Approve
Moved by Mayor Eric R. Bever, seconded by Council Member
Stephen Mensinger. j
The motion carried by the following roll call vole:
Regular Meeting - June 5, 2012 - Page 8
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
ifl Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
5. WARRANT RESOLUTION 2423: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA ALLOWING
CERTAIN CLAIMS AND DEMANDS—INCLUDING PAYROLL REGISTER
NO. 12-11 AND PAYROLLREGISTER NO. 12-10A AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID funding
Payroll No. 12-11 for $2,100,665.65 _and Payroll No. 12-10A.. for
$1.447.49, and City operating_ expenses for $688,775.27, including payroll
deductions.
MOTION: Approve
Moved by Mayor Eric R. Bever, seconded by Council Member
Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
6. Professional Services Agreement with Hogle-Ireland,_Inc. 630 North
Rosemead Boulevard Suite 150 Pasadena California,. for General Plan
Update and program and Environmental Impact .Report, .in_the amount of
$664,705. (01:51:14)
Council Member Leece commented on the importance of the General
Plan, and expressed concern in how the community would be involved in
the process. (01:51:14)
Assistant Development Services Director Claire Flynn shared the
extensive public outreach efforts and advisory committee. (01:56:21)
John Feeney, Costa Mesa, spoke in support of a citizens' committee
comprised of residents. (01:58:38)
Marshall Krupp, Costa Mesa, expressed concern regarding the number of
meetings set in the agreement and billing for additional meetings.
(01:59:23)
Tamar Goldmann, Costa Mesa, encouraged public meetings and input.
(02:00:35)
Sandra Genis, Costa Mesa, suggested that meetings be "front-
loaded." (02:02:17)
Regular Meeting - June 5, 2012 - Page 9
Council Member Leece referred to the section in the Request for Proposal
related to transportation and stated she hopes changes to the level of
service would be based on actual data. (02:03:10)
Mayor Bever clarified there are intersections that are impacted with
regional traffic that the city cannot control, and those intersections are
delaying the city's ability to build. Public Services Director Ernesto Munoz
confirmed this and also noted that the focuses are location -specific.
(02:04:42)
MOTION: Approve; authorize the Mayor and Acting Deputy City Clerk
to sign
Moved by Mayor Eric R. Bever, seconded by Council Member Wendy
Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Riaheimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
Adopt plans and specifications, and working details for Improvements of
Hickory Drive Alley (Alley No. 28) Pepper Tree Lane AlleyAljev No. 29)
and Harbor_ Boulevard Alley (Alley No. 30).City Project No. 12-03. and 7
award a construction contract to Black Rock Construction Company, 282 J
North St. Crispen Brea California -in -the amount of $428000.25 _(base
bid). (02:07:02)
Council Member Mensinger asked if there is a list of alleys available,
requested an update on the alley improvements, directed staff to present
alley updates on an annual basis, and and asked that an updated alley list
be published on the city's website. (02:07:31)
Public Services Director Ernesto Munoz referred to the alley priority list
and indicated that 39 alleys have been completed since the approval of
the list; there are 89 alleys awaiting improvement. Per Council Member
request, Mr. Munoz presented photos of alleys needing repair and
indicated that additional funding has been allocated for
alley improvements. (02:08:02)
MOTION: Approve; authorize the Mayor and Acting Deputy City Clerk
to sign
Moved by Mayor Pro Tem James Righeimer, seconded by Mayor Eric
R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Regular Meeting - June 5, 2012 - Page 10
Absent: Council Member Gary Monahan
8. Adopt plans and specifications and working details for Parkway Concrete
Repair and New Sidewalk Construction Project City Project No. 12-04
and award a construction contract to Black Rock Construction Company,
282 North St. Crisper Brea California, 'in the_, amount of _$2,121,68
base bid_plus_all additive biditems .
MOTION: Approve; authorize the Mayor and Acting Deputy City Clerk
to sign
Moved by Mayor Pro Tem James Righeimer, seconded by Mayor Eric
R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
CITY OF COSTA MESA CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY
No items scheduled.
PUBLIC HEARINGS - 7 p.m. (Resolution No. 05-55) (02:14:34)
PUBLIC HEARING: Reauthorization of the Business Improvement Area
BI( A�ment of three -percent (3%) for certain Costa Mesa hotels
and motels for Fiscal Year 2012-2013.2:14_43)
(a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, LEVYING AN ANNUAL ASSESSMENT FOR
FISCAL YEAR 2012-2013 FOR A BUSINESS IMPROVEMENT AREA
COVERING CERTAIN COSTA MESA HOTELS AND MOTELS.
CEO Hatch asked that a letter received from Jim Mosher, Newport Beach,
be entered into the record; and advised the Council to move forward with
the hearing. (02:15:13)
Public Affairs Manager Dan Joyce presented the report and shared some
of the Costa Mesa Conference and Visitor Bureau's recent
accomplishments such as the new website, increased social media,
decreased print advertising, and the continuous branding of Costa Mesa.
(02:17:07)
Jim Mosher, Newport Beach, expressed concern in the use of public
funds for the private benefit of the hotels. (02:21:55)
Perry Valantine, Costa Mesa, asked if a similar mechanism could be
Regular Meeting - June 5, 2012 - Page 11
used to finance some of the city's costs relating to the motels. (02:24:27)
Robin Leffler, Costa Mesa, commented on the TOT and low business
license fee, and encouraged a measure to increase the fee. (02:26:07)
In response to a request from Council Member Leece, City Attorney Tom
Duarte commented on Mr. Mosher's letter, indicated that staff will meet
with him to follow-up on his concerns, and stated that he was comfortable
with Council moving forward. (02:27:56)
Council Member Leece encouraged the Conference and Visitor Bureau
(CVB) to continue marketing other areas of the city and not just the north
side. CVB President Paulette Lombardi -Fries noted that the new website
highlights the variety of amenties and destinations in the city. (02:29:11)
Mayor Pro Tem Righeimer clarified the difference between the BIA and
Transient Occupancy Tax (TOT). (02:30:49)
Council Member Mensinger complimented the CVB and Mr. Joyce for the
recent improvements and for the branding of the city. (02:33:07)
In response to a comment made by a public speaker, Mayor Bever added
that there is a standing Council policy regulating the low business license
fee as part of a strategy to bring businesses to the city, and that the city is
properly marketing the business license fee. (02:35:00)
MOTION: Adopt Resolution No. 12-39: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING
AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2012-2013 FOR A
BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA
MESA HOTELS AND MOTELS.
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
The Mayor recessed the meeting at 8:37 p.m.
The Mayor reconvened the meeting at 8:54 p.m.
2. PUBLIC HEARING: A RESOLUTION -OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA CALIFORNIA,. APPROVING THE ISSUANCE
BY THE CALIFORNIA STATEWIDE_COMMUWTIES DEVELOPMENT
AUTHORITY OF_. MULTIFAMILY HOUSING REVENUE FOR
-BONDS
THE TOWER ON 19TH. (02:3624)
Regular Meeting - June 5, 2012 - Page 12
Mayor Bever indicated he has serious reservations about the item.
(02:36:42)
Finance/IT Director Bobby Young presented the report and provided an
overview of the project at Bethel Towers. (02:37:00)
Mayor Bever expressed concern in the scope of the project and how the
project would work, the lack of outreach to the residents of Bethel Tower,
the continuance of an affordability convenance, and potential permanent
or temporary displacement of current residents. (02:38:36)
Council Member Leece expressed concern in the lack of an informational
meeting with the residents. (02:39:42)
Sean Burroughs, Reiner Communities, provided a background on the
property and the proposal to acquire the property using tax exempt bonds
and low-income housinq tax credits to preserve affordability for an
additional 55 years. Mr. Burroughs shared plans to perform $17 million in
exterior and interior renovations and upgrades to the property. He clarified
that all residents will be allowed to stay at the project, there will not
be permanent relocation of any of the tenants, and the developer will be
procuring Section 8 rent subsidy for all existing residents.
Mayor Bever requested elaboration on the developer's plan to "deepen"
affordability. Mr. Burroughs clarified that the developer is setting aside 20
percent of the property for very low-income tenants and below. (02:43:34)
Mayor Pro Tem Righeimer inquired about current and future revenue,
expressed concerns regarding the developer's reassurance to follow
through with the rest of the proposal, asked if the resolution could be
approved subject to conditions. (02:44:16)
In response to a question from Council Member Mensinger regarding
outreach, Mr. Burroughs indicated that outreach to residents has not be
done yet but can be performed within the next 30 days. (02:57:00)
Anna Reagan, Costa Mesa, commented on Section 8 income
requirements, and suggested that the pipes be fixed and the gas stoves
be converted to electric. (02:59:48)
Ernie Feeney, Costa Mesa, criticized the staff report and publication
notice, and urged the developers to meet with the residents before
Council approval. (03:02:50)
John Feeney, Costa Mesa, asked if Bethel Towers would remain a senior
housing property, and commented on inadequate noticing of the hearing.
(03:05:57)
Sandra Genis, Costa Mesa, supported the rehabilitation of Bethel Towers
Regular Meeting - June 5, 2012 - Page 13
and preservation of the affordability. (03:07:41)
Robin Leffler, Costa Mesa, supported continuance of the item and urged
the developers to meet with the residents. (03:10:07)
Paul Kelley, Costa Mesa, spoke in support of Mayor Pro Tem Righeimer's
suggestions to obtain more information about the project before
approving. (03:13:22)
Marshall Krupp, Costa Mesa, supported continuing the item to allow for
the establishment of conditions of approval and suggested a review of the
financing to ensure the affordability option is protected. (03:14:28)
Mayor Bever asked if this project is considered development proposal.
Ms. Flynn clarified that the project is comprised of interior, exterior, and
structural alterations and would not trigger any discretionary action.
Permits and plan checks would be obtained at the Planning
counter. (03:15:58)
MOTION: Continue public hearing to the meeting of June 19, 2012.
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Stephen Mensinger.
The motion carried by the following roll call vote: y
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council I jJ
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
3. PUBLIC HEARING: Consider content. of proposed charter _and submission
of proposed charter to voters. (03'1_7_;4
City Attorney Tom Duarte presented the report, and provided the timeline
and updates regarding Supreme Court cases and decisions. (03:18:00)
Mayor Bever requested that a section be added for a provision to allocate
a percentage of the budget twoard infrastructure improvements on an
annual basis and over a period of several years. (03:20:40)
Terry Koken, Costa Mesa, urged the Council to consider the residents'
suggestions. (03:22:32)
Susan Shaw, Costa Mesa, expressed concern in the language in Section
602 and the way the proposed charter is written, but does not oppose a
charter. (03:24:22)
Mayor Bever reminded everyone that the Council has authority to vote
either way on placing the charter on the ballot, and is giving the public a
right to vote on whether the charter goes up or not. (03:27:42)
Regular Meeting - June 5, 2012 - Page 14
Joy Williams, Costa Mesa, commented and made suggestions to Sections
103, 201, 203, 300, and 401. (03:28:03)
Paul Kelley, Costa Mesa, expressed concern regarding the way the
charter was introduced. (03:31:15)
Perry Valantine, Costa Mesa, suggested that the charter be limited to
specific issues and indicate everything else to be governed by general
law. (03:32:33)
Jay Humphrey, Costa Mesa, spoke in opposition of eliminating prevailing
wage and presented a slideshow of how prevailing wage has affected the
City of Oceanside. (03:37:59)
Harold Weitzberg, Costa Mesa, spoke in opposition of the proposed
charter and supported a charter commission. (03:41:20)
Greg Thunell, Costa Mesa, spoke in opposition of the proposed charter.
(03:43:20)
Robin Leffler, Costa Mesa, referred to the "we" in the charter. (03:46:32)
Mayor Pro Tem Righeimer clarified that "we" represents and is inclusive
of many people and ideas.
Charles Mooney, Costa Mesa, announced that the charter on the city's
website is incomplete. (03:55:17)
Jim Mosher, Newport Beach, offered insight of living under a charter,
including positive and negative impacts.
Sheila Pfafflin, Costa Mesa, suggested that the charter process be
restarted. (04:01:10)
Marshall Krupp, Costa Mesa, referred to his submitted letter which details
four alternatives, and commented on his denied request for the extension
of his public comment time. (04:02:21)
Tamar Goldmann, Costa Mesa, commented on previous public speakers'
comments and the need for public hearing notification. (04:06:26)
Sandra Genis, Costa Mesa, expressed concern regarding the lack of
provisions in the charterfor powers reserved to the citizens, and in the
language in Section 103. (04:09:45)
Mayor Bever pointed out that the fact that the citizens are allowed to vote
on whether there are increases in pension benefits is power given to the
citizens; the citizens do not have that control now but will with the
charter. (04:10:05)
Regular Meeting - June 5, 2012 - Page 15
Mayor Bever referred to 'legislative body and other officials" in the first
sentence of Section .103 and suggested that the public officials be
specifically defined. (04:14:08)
Council Member Leece opined the charter is flawed because the process
was flawed, and spoke in opposition of the charter. (04:15:00)
In repsonse to a statement from Mayor Bever, City Attorney Duarte
agreed that the municipal code, zoning code, general plan, along with
state statute are the primary things that shape and control the city to the
greatest degree. (04:18:21)
Mayor Bever reiterated that mechanisms have been crafted by prior
councils and citizens, and will not change with the charter, except for
a very small percentage. He responded to a concern made by a public
speaker that most comments were ignored, and indicated that the
statement made was not accurate. Mavor Bever clarified that manv of the
suggestions are good ideas, but are already addressed in the city's
municipal code and do not need to be restated. He responded to a
comment about Council having too much power, and noted that
the Council has power and the citizens also have the power by extension
and the ability to select new council members every two years. (04:18:51)
Council Member Mensinger staled that elected officials have to be
accountable to those who elected them, commented on rhetoric, and
opined that power close to the people is better than power of the State.all
(04:21:21)
Mayor Bever presented a concern made by a public speaker regarding
the gift of public funds and asked that language be included to address
gifts of public funds in the future draft of the charter. (04:26:48)
Mayor Pro Tem Righeimer directed staff to distribute a question and
answer mailer to the residents. (04:27:26)
OLD BUSINESS (04:29:06)
Continued from the meeting of_May_15 2012 Appointments to various
Council appointed committees. (04:29:110)
(a) Cultural Arts Committee
(b) Historical Preservation Committee
(c) Investment Oversight Committee
(d) Extend the term expiration date to April 2015 for all Access, Building,
Fire and Housing Board of Appeal members who were appointed at the
June 21, 2011 City Council meeting.
Regular Meeting - June 5, 2012 - Page 16
C
(e) Extend the term expiration date to April 2013 for all regular and
`
alternate committee members whose term expires in October 2012.
(f) Revised minutes of the October 18, 2012 City Council meeting.
Acting Deputy City Clerk Christine Cordon presented the report.
(04:30:00)
Larry Weichman, Costa Mesa, spoke in support of the recommendation
for the Access, Building and Housing Board of Appeals. (04:33:39)
Council Member Mensinger requested the maker of the motion to appoint
Lisa Michelle Grant as an alternate member to the Cultural Arts
Committee; the Mayor approved and changed the appointment from Carla
Dillon to Ms. Grant. (04:35:25)
MOTION: Appoint Irene P. Engard and Florence Nedeff Martin as regular
members to the Cultural Arts Committee.
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Appoint Irene P. Engard and Arpit Mehta as regular
members, and Lisa Michelle Grant and Diana Gardiner as alternate
members to the Cultural Arts Committee.
Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem James
Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
MOTION: Appoint Mary Ellen Goddard, Margaret Johnston, Terry
Shaw, and Melinda Lowery as regular members, and appoint Gary
Parkin and Dave Gardner as alternate members to the Historical
Preservation Committee.
Moved by Council Member Wendy Leece, seconded by Mayor Eric R.
Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
MOTION: Expand the membership to seven members or five with
f'^
two alternates; and appoint Lee J. "John" Hinson, David Stiller,
Richard A. Riva Sr., Howard Hull, and Shawn Dewane as regular
members, and appoint Robert J. Juneman and James R. Fisler as
Regular Meeting - June 5, 2012 - Page 17
alternate members to the Investment Oversight Committee.
Moved by Council Member Stephen Mensinger, seconded by Mayor
Eric R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
MOTION: Extend the term expiration date to April 2015 for all
Access, Building, Fire and Housing Board of Appeal members who
were appointed at the June 21, 2011 City Council meeting.
Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem James
Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
MOTION: Extend the term expiration date to April 2013 for all regular
and alternate committee members whose term expires in October
2012.
Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem James
Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
MOTION: Revise minutes of the October 18, 2012 City Council
meeting.
Moved by Mayor Eric R. Bever, seconded by Council Member Wendy
Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Gary Monahan
NEW BUSINESS
No New Business items scheduled.
Regular Meeting - June 5, 2012 - Page 18
REPORT - City Attorney
No report was provided.
ADJOURNMENT - The Mayor adjourned the meeting at 10:58 p.m. to June 12, 2012
at 4:30 p.m. for a Regular Adjourned Meeting/Study Session. Next Regular City
Council Meeting: June 19, 2012. / /-
City of Costa Mesa
ATTEST:
J,n (9 c.
Interim City Cler of the City of Costa Mesa
Regular Meeting - June 5, 2012 - Page 19