HomeMy WebLinkAbout10/04/2011 - City CouncilMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
October 4, 2011
CALL TO ORDER
The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Monahan, Mayor Pro Tem Righeimer, Council
Member
Leece, and Council Member Mensinger
Council Members Absent: Council Member Bever
CALL TO ORDER (00:00:15)
PLEDGE OF ALLEGIANCE (00:00:27) — Led by Mayor Pro Tem Righeimer
MOMENT OF SOLEMN EXPRESSION (00:00:50)
Pastor Dave Manne, Calvary Chapel
ROLL CALL (00:02:40)
Present: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Absent: Council Member Bever
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas
Duarte, Assistant Chief Executive Officer Rick Francis, Interim Development Services
Director Khanh Nguyen, Interim Public Services Director Ernesto Munoz, Interim Public
Affairs Manager Dan Joyce, and City Clerk Julie Folcik.
ANNOUNCEMENTS (00:02:54)
Mayor Monahan presented Costa Mesa Community Announcements, and the "Costa
Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATIONS (00:08:15)
Dan Joyce, Costa Mesa Community Run presentation
Minutes — Regular Meeting — October 4, 2011 - Page 1
PUBLIC COMMENTS (00:14:06)
Perry Valantine, Costa Mesa, spoke about responses to public comments posted on the
City's website; business tax; Pop Warner website; and contracting and subcontracting
of legal services. (00:14:31)
Belle Solis, Tustin, Program Coordinator for the Orange County Chapter of Mother's
Against Drunk Driving (MADD), spoke about drunk driving education, funding, and
enforcement. (00:17:19)
Mary Beth Griffin, Tustin, spoke on behalf of the Orange County DUI Task Force
requesting the Council vote in support of the STEP Grant; spoke on sobriety check
points; and STEP Grant funds. (00:20:43)
Andrew Gabell, Orange, spoke on his company, Skitfink Productions. (00:23:39)
Lisa Knowles, Costa Mesa, spoke on the Wild West Casino Night hosted by the Harbor
Mesa Lions Club. (00:26:58)
Jason Piazza, Costa Mesa, stated the need for a soccer league; and expressed
opposition in outsourcing City services. (00:28:23)
James Proctor, Costa Mesa, commented on student volunteers; homeless issues;
movie nights at The Lab; water sustainability; economic growth in adjacent cities; and
unions. (00:31:23)
Robin Leffler, Costa Mesa, spoke on the ex -parte communication ordinance that was
not approved. (00:33:34)
Beth Refakes, Costa Mesa, spoke on equipment upgrade; and 19th Street Bridge
concerns. (00:36:27)
Sandra Genis, Costa Mesa, spoke about responses to public comments; staff
attendance at OC Fair Board and other public meetings; Pacific Amphitheatre
renovations; the 19th Street Bridge; and the Coastal Commission meeting. (00:38:59)
Tamar Goldmann, Costa Mesa, commented on budget measures. (00:42:07)
Tom Pollitt, Costa Mesa, commented on balancing the budget; workers' compensation;
Costa Mesa unions; and unfunded pension liability. (00:45:24)
Jeff Cullen, Costa Mesa, spoke about balancing the budget; costs associated with the
association and police helicopter lease; and the drastic measures to cut jobs and
pensions. (00:48:31)
Mayor Pro Tem Righeimer clarified the helicopter costs have been reduced. (00:50:59)
Minutes — Regular Meeting — October 4, 2011 - Page 2
1
Sue Lester, Costa Mesa, expressed on Council Member Bever's attendance at City
Council meetings; and litigation. (00:52:15)
Cindy Brenneman, Costa Mesa, spoke on Breast Cancer Awareness Month. (00:55:29)
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (00:58:15)
CEO Hatch spoke on moving the CEO Report up on the agenda; police helicopter;
budget; payroll audit; study sessions; 191h Street Bridge; efficiency measures at City
Hall; budget policies; audit response; conflict of interest concerning a council member;
outside attorneys; and staff attendance at OC Fair Board meetings. (00:58:17)
REPORT — CITY ATTORNEY — NONE (01:12:08)
CONSENT CALENDAR (01:12:10)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 12
except for Items 1, 2, 3, 8, 9, 10, 11, and 12.
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Leece
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council
Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
4. WARRANT RESOLUTION 2389: 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 $364,136.72.
ACTION: Approved.
5. PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING,
121 NORTH HARWOOD STREET, ORANGE, FOR DESIGN SERVICES FOR
ALLEY NO. 122 (PROJECT "A") AND ALLEYS NOS. 28, 29, 30, 31
(PROJECT "B") REHABILITATION PROJECT, IN THE AMOUNT OF $61,413.
ACTION: Approved; authorized the Mayor and the City Clerk to sign.
Minutes — Regular Meeting — October 4, 2011 - Page 3
D
6. COMPLETION OF 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ALLEY IMPROVEMENT PROJECT — BAY STREET ALLEY NO. 40
(PROJECT "A") AND FORD ROAD ALLEY NO. 41 (PROJECT "B"), CITY
PROJECT NO. 11-02, BY GOLDEN STATE CONSTRUCTORS, INC., 6162
GALIPEAN DRIVE, HUNTINGTON BEACH.
ACTION: Accepted work; authorized City Clerk to file a Notice of Completion and
to release retention monies 35 days thereafter; exonerate the Labor and Material
Bond seven (7) months thereafter; and exonerate the Faithful Performance Bond
twelve (12) months thereafter.
7. WITHDRAWN FROM AGENDA
ITEMS REMOVED FROM THE CONSENT CALENDAR (01:13:07)
1. READING FOLDER
a. Claims received by the City Clerk: David Haragan on behalf of EAN
Holdings, LLC; Raymond Gregory.
b. Requests for Alcohol Beverage Control licenses: Tastebuds, 130 E. 17th
Street, Suite M -P and Z Cafe, 3333 Bear Street, Suite 316.
Robin Leffler, Costa Mesa, expressed concern over the number of liquor licenses
issued. (01:13:18)
Mayor Monahan clarified that State ABC has authority over these issues; and
placement of items on the Council agenda is informational. (01:13:55)
Eleanor Egan, Costa Mesa, in reference to Tastebuds, opined that area does not
need another bar; and stated ABC should know the City's concerns. (01:14:20)
Sandra Genis, Costa Mesa, spoke about a finding of public convenience.
(01:14:44)
MOTION/SECOND: Mayor Monahan/Council Member Leece
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION: Received and filed.
Minutes — Regular Meeting — October 4, 2011 - Page 4
1
1
1
2. REGULAR MEETING OF SEPTEMBER 6, 2011. (01:15:21)
Discussion ensued regarding changes to the format of the minutes. (01:15:23)
Sandra Genis, Costa Mesa, spoke on the availability of the minutes to the public.
(01:17:40)
Robin Leffler, Costa Mesa, spoke in support of a public hearing regarding the
format of the minutes. (01:19:00)
MOVED/SECOND: Mayor Monahan/Council Member Leece
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION: Continue to the next meeting.
3. WARRANT RESOLUTION 2388: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 11-19 AND
PAYROLL REGISTER NO. 11-18A AND SPECIFYING THE FUNDS OUT OF
WHICH THE SAME ARE TO BE PAID, FUNDING PAYROLL NO. 11-19 FOR
$2,128,843.60 AND PAYROLL NO. 11-18A FOR $1,313.79, AND CITY
OPERATING EXPENSES FOR $671,691.16, INCLUDING PAYROLL
DEDUCTIONS. (01:20:10)
Discussion ensued regarding payments to Management Partners and
reassessment of the contract; and a payment to Newport -Mesa Unified School
District for bus transportation. (01:20:12)
MOTION/SECOND: Mayor Monahan/Council Member Leece
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION: Approved
Minutes — Regular Meeting — October 4, 2011 - Page 5
1
8. PARTICIPATION IN THE ORANGE COUNTY CHAPTER TRAUMA
INTERVENTION PROGRAM (TIP). (01:26:01)
Rick Kapok, Costa Mesa, spoke in support of TIP. (01:26:20)
Cindy Brenneman, Costa Mesa, spoke in support of TIP. (01:28:33)
MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION:
1. Approved and authorized the Chief Executive Officer or his designee to sign;
and
2. Approved and authorized the Mayor to sign Budget Adjustment No. 12-005
for $10,000.
9. REQUEST FOR PROPOSAL (RFP) FOR ANIMAL CONTROL SERVICES.
(01:31:17)
Robin Leffler, Costa Mesa, spoke about the placement of RFPs on the agenda,
and the cost of writing and analyzing the RFPs. (01:31:32)
Sandra Genis, Costa Mesa, spoke on Animal Control personnel, animal license
fee increase, and special event policing. (01:34:13)
Jay Humphrey, Costa Mesa, spoke on providers at a lower cost. (01:36:49)
MOTION: Authorize staff to release the RFP
MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer
Council Member Leece spoke on contracting with the County of Orange;
proposal submission; evaluation criteria; budget process; and stated she would
not be supporting the motion. (01:39:30)
Mayor Pro Tem Righeimer spoke on savings; outsourcing; employees; budget;
and stated he will be supporting this, and all the following, motions. (01:45:57)
Minutes — Regular Meeting — October 4, 2011 - Page 6
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member
Mensinger
Nays: Council Member Leece
Absent: Council Member Bever
Motion carried: 3-1-1
10. REQUEST FOR PROPOSAL (RFP) FOR STREET AND STORM DRAIN
MAINTENANCE SERVICES. (01:51:10)
Robin Leffler, Costa Mesa, spoke on the cost of services. (01:51:26)
Sandra Genis, Costa Mesa, spoke on level of service, and combination of items
in the RFP. (01:54:27)
Tamar Goldmann, Costa Mesa, spoke on the budget, and outsourcing.
(01:56:15)
Jeff Cullen, Costa Mesa, spoke on outsourcing. (02:00:35)
MOTION: Authorize staff to release the RFP
MOVED/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer
Council Member Leece stated she would not be supporting the motion; and
spoke on pension, unfunded liability, and outsourcing. (02:03:36)
Mayor Monahan commented on unfunded liability; RFPs; employee negotiations;
and spoke in support of the motion. (02:06:12)
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member
Mensinger
Nays: Council Member Leece
Absent: Council Member Bever
Motion carried: 3-1-1
11. REQUEST FOR PROPOSAL (RFP) FOR GRAFFITI ABATEMENT SERVICES.
(02:08:19)
Robin Leffler, Costa Mesa, spoke on employee pensions. (02:08:31)
Sandra Genis, Costa Mesa, spoke on graffiti removal. (02:10:54)
Tamar Goldmann, Costa Mesa, spoke on outsourcing, pensions, and employee
negotiations. (02:12:23)
MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer
Minutes — Regular Meeting — October 4, 2011 - Page 7
Council Member Leece commented on the speed of the graffiti abatement team,
clean-up time in the RFP, and unfunded liability_ ; and expressed opposition to the
item. (02:14:34)
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member
Mensinger
Nays: Council Member Leece
Absent: Council Member Bever
Motion carried: 3-1-1
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CHANGING THE ORDER OF BUSINESS OF THE CITY
COUNCIL MEETINGS, TO MOVE THE CEO REPORT TO OCCUR AFTER
PUBLIC COMMENTS. (02:19:43)
Sandra Genis, Costa Mesa, stated she supports the motion; and accepting public
comments during the CEO report. (02:19:59)
Robin Leffler, Costa Mesa, complemented CEO Hatch on tonight's report; and
stated public comments should not be moved to the end of the evening.
(02:21:35)
MOTION/SECOND: Mayor Monahan/Council Member Mensinger
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION: Adopted resolution
City Council recessed for a break at 8:27 p.m.
City Council reconvened the meeting at 8:43 p.m.
PUBLIC HEARINGS — NONE (02:25:27)
Minutes — Regular Meeting — October 4, 2011 - Page 8
1
OLD BUSINESS (02:25:30)
1. FROM THE MEETING OF SEPTEMBER 20, 2011, ORDINANCE NO. 11-10: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -10-06,
AMENDING TITLE 13, ARTICLE 2 DEFINITIONS, AND CHAPTERS III, IV, V,
VI, AND XII OF THE COSTA MESA MUNICIPAL CODE RELATING TO
RESIDENTIAL SECOND UNITS, GRANNY UNITS, AND ACCESSORY
APARTMENTS. (02:25:35)
MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION: Adopted Ordinance No. 11-10, to be read by title only, and waived
further reading
2. FROM THE MEETING OF SEPTEMBER 20, 2011, ORDINANCE NO. 11-11: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, TO AMEND TITLE 13, CHAPTER VII, ARTICLE 2, GENERAL
PROVISIONS AND ARTICLE 3, SIGN REGULATIONS, OF THE COSTA MESA
MUNICIPAL CODE RELATED TO SIGN REGULATIONS. (02:26:27)
MOTION/SECOND: Mayor Monahan/Council Member Mensinger
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and
Council Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
ACTION: Adopted Ordinance No. 11-11, to be read by title only, and waived
further reading
Minutes — Regular Meeting — October 4, 2011 - Page 9
NEW BUSINESS (02:27:09)
1. STATEMENTS OF QUALIFICATIONS FOR THE POSSIBLE SELECTION OF A
QUALIFIED FIRM FOR THE UPGRADE, OPERATION AND MAINTENANCE
OF THE TEWINKLE PARK ATHLETIC COMPLEX. (02:27:12)
Staff report by Ernesto Munoz, Interim Public Services Director (02:27:34)
Discussion ensued regarding the task force, TeWinkle Park user groups,
minimum requirement letter of qualification, and the TeWinkle Master Plan report.
(02:30:29)
Dave Johnson, President and Founder of Major League Softball Inc., spoke
about his company and responded to questions from the Council. (02:38:05)
Bill Berghoff, President of Sportsplex USA, spoke about his company and
responded to questions from the Council. (03:06:43)
Richard Odekirk, Director of Development of Big League Dreams, spoke about
the company and responded to questions from the Council. (03:35:00)
Public Comments:
Jeff Wilcox, Costa Mesa, President of the Mesa Del Mar Community Association,
spoke in opposition of the proposal. (04:16:54)
Perry Valantine, Costa Mesa, noted all three firms are based outside of Costa
Mesa, and commented on individual Council requests. (04:19:47)
Jay Humphrey, Costa Mesa, spoke on the process and the task force. (04:22:57)
Eleanor Egan, Costa Mesa, spoke on a property deed restriction. (04:26:20)
Beth Refakes, Costa Mesa, spoke on the process, and community disturbance.
(04:29:59)
Tamar Goldmann, Costa Mesa, spoke on the neighborhood around TeWinkle
Park, and the property restriction. (04:33:15)
Marty Morales, Costa Mesa, spoke in opposition to the proposal. (04:35:26)
Scott Stirton, Costa Mesa, expressed opposition to the proposal. (04:37:49)
Doug Smity, Costa Mesa, spoke in opposition to the proposal. (04:39:20)
Minutes — Regular Meeting — October 4, 2011 - Page 10
1
Sandra Genis, Costa Mesa, expressed concern over the presenter's not
providing financial information to the City; and spoke on community park needs.
(04:42:30)
Robin Leffler, Costa Mesa, requested ex -parte information from the Council; and
spoke on the sports park. (04:45:20)
Lisa Reedy, Costa Mesa, spoke on the TeWinkle Park Master Plan, and the
sports park. (04:48:32)
John Rittenhouse, Costa Mesa, spoke on presenter's lack of information; and
TeWinkle Park Master Plan. (04:51:48)
Discussion ensued regarding specific needs, community dialogue,
acknowledgement of residents' concerns, Master Plan reports, task force
formation, legal and financial issues, parking, field use, process of building sports
fields; underuse of TeWinkle Park fields; and community improvement.
(04:55:22)
MOTION: Approve the formation of a TeWinkle Park Athletic Complex Task
Force as revised to include two members of the homeowners' association north
of the property, and remove one member from the school district.
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Mensinger
SUBSTITUTE MOTION: Approve the formation of a TeWinkle Park Athletic
Complex Task Force as revised to include four members of the homeowners'
association.
MOVED/SECOND: Council Member Leece
Motion died for lack of a second.
The original motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member
Mensinger
Nays: Council Member Leece
Absent: Council Member Bever
Motion carried: 3-1-1
MOTION: Direct Big League Dreams to work with the City and Task Force on
TeWinkle Park Athletic Complex proposal.
MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Monahan
SUBSTITUTE MOTION: Receive and file.
MOVED/SECOND: Council Member Leece
Motion died for lack of a second.
Minutes — Regular Meeting — October 4, 2011 - Page 11
The original motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member
Mensinger
Nays: Council Member Leece
Absent: Council Member Bever
Motion carried: 3-1-1
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (05:30:55)
Council Member Leece requested that a discussion of the minutes be placed on the
agenda regarding public comments; asked for an explanation regarding the meet and
confer process; and spoke about a Town Hall in the Westside. (05:31:50)
Council Member Mensinger spoke on pensions; a hiring freeze; Mesa Verde and
College Park improvements; the Costa Mesa Minute and CEO Briefing; the amount of
public information available; outsourcing; and Estancia High School football. (05:34:22)
MOTION: Continue the meeting past midnight
MOVED/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer
The motion was carried by the following roll call vote:
Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council
Member Mensinger
Nays: None
Absent: Council Member Bever
Motion carried: 4-0-1
CLOSED SESSION: (05:45:00)
1. CONFERENCE WITH THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER,
AND LABOR NEGOTIATOR, AGENCY NEGOTIATOR REGARDING
EMPLOYEE ORGANIZATIONS: COSTA MESA CITY EMPLOYEE
ASSOCIATION (CMCEA), COSTA MESA FIREFIGHTERS ASSOCIATION
(CMFA), COSTA MESA POLICE OFFICERS ASSOCIATION (CMPOA) AND
COSTA MESA POLICE MANAGEMENT ASSOCIATION (CMPMA), COSTA
MESA FIRE FIGHTERS MANAGEMENT ASSOCIATION, AND COSTA MESA
DIVISION MANAGERS ASSOCIATION PURSUANT TO GOVERNMENT CODE
SECTION 54957.6
2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION: COSTA MESA EMPLOYEES ASSOCIATION V. CITY OF COSTA
MESA, A MUNICIPAL CORPORATION, ET AL., ORANGE COUNTY
SUPERIOR COURT CASE NO. 30-2011 00475281, PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A).
Minutes — Regular Meeting — October 4, 2011 - Page 12
1
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE
CEO Hatch provided an overview of what would be discussed in closed session; spoke
on the letters sent to the associations regarding the Memorandums of Understanding;
and spoke about the negotiations process and existing agreements. (05:46:11)
The Mayor adjourned the meeting at 12:06 a.m. into closed session.
Brenda Green, -City Clerk
Minutes — Regular Meeting — October 4, 2011 - Page 13