HomeMy WebLinkAbout08/07/2012 - City Council - Successor Agency - Redevelopment Agency1
REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY
CITY OF COSTA MESA
August 07, 2012
The City Council of the City of Costa Mesa, California met in a regular session on
August 07, 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.
ROLL CALL
PUBLIC COMMENTS
CLOSED SESSION
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 Association (CMPA), 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
CALL TO ORDER - Mayor Eric R. Bever
PLEDGE OF ALLEGIANCE - Council Member Stephen Mensinger (00:00:12)
MOMENT OF SOLEMN EXPRESSION - Senior Pastor Rod Randall, Harbor Trinity
Baptist Church (00:00:35)
ROLL CALL (00:01:48)
Council Members Mayor Eric R. Bever
Present: Mayor Pro Tem James Righeimer
Council Member Wendy Leece
Council Member Stephen Mensinger
Council Member Gary Monahan
Council Members None
Absent:
Officials Present: Chief Executive Officer Thomas R. Hatch
City Attorney Thomas Duarte
Economic and Development Services Director Peter
Naghavi
Public Services Director Ernesto Munoz
Finance and IT Director Bobby Young
Police Chief Tom Gazsi
Regular Meeting - August 7, 2012 - Page 1
Interim Fire Chief Tom Arnold
Neighborhood Improvement Manager Muriel Ullman
Deputy City Attorney Elena Gerli
Lt. Rob Sharpnack
Management' Analyst Dan Baker
Interim City Clerk Brenda Green
Acting Deputy City Clerk Christine Cordon
CLOSED SESSION REPORT (00:02:01)
No closed session report.
ANNOUNCEMENTS (00:02:06)
The mayor played a video clip of the "Costa Mesa Minute," featuring upcoming
events and activities in the community.
PRESENTATIONS
No presentations.
The mayor announced that Public Hearing Item No. 1 and Old Business Item No. 2
have been withdrawn. (00:04:33)
PUBLIC COMMENTS (00:04:52)
Lou Desandro, Costa Mesa, spoke about the upcoming Costa Mesa Pop Warner
Football and Cheer opening day and 50th anniversary celebration. (00:04:55)
Janice Davidson, Costa Mesa, asked about the Council vote on the charter and
commented about neighborhood mechanics. (00:08:47)
Terry Koken, Costa Mesa, opined on First Amendment Rights and sang a song.
(00:10:48)
Greg Thunell, Costa Mesa, apologized for encouraging audience applause at a
previous Council meeting, and commented on city finances. (00:13:53)
Campbell Davidson, Costa Mesa, expressed concern about the poor conditions
of sidewalks and streets damaged by tree roots. (00:16:52)
Perry Valantine, Costa Mesa, commented on the proposed charter and the
transfer of power resulting from the charter. (00:19:29)
Martin H. Millard, Costa Mesa, expressed concern in the lack of a sign on 19th
Street related to the revitalization and rebranding of the Westside. (00:22:19)
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Regular Meeting - August 7, 2012 - Page 2
Sheila Pfafflin, Costa Mesa, opined about the condition of the Westside and
commented on the Banning Ranch traffic mitigation agreement. (00:24:40)
Joy Williams, Costa Mesa, suggested that language be included in the Banning
Ranch traffic mitigation for the traffic, weight volume, and number of vehicles;
and commented on funding for radio equipment. (00:27:19)
Beth Refakes, Costa Mesa, spoke about the migration of homeless individuals
from Lions Park to other areas, and suggested a permanent memorial to honor
veterans. (00:30:39)
Holly Valentino, Costa Mesa, commented on the Banning Ranch development
and its effects on the wildlife and quality of life for residents. (00:33:47)
Shirley McDaniels, Costa Mesa, spoke in support of the review of the decision
made to approve the Banning Ranch traffic mitigation agreement. (00:36:21)
Anthony Valentino, Costa Mesa, commented on the Banning Ranch traffic
mitigation agreement and the costs associated with the agreement and
development.
Tom Pollitt, Costa Mesa, thanked the Council for their efforts in cutting expenses
and balancing the budget, and commented on employee pensions and taxes.
(00:40:27)
Jeff Mathews, Costa Mesa, complimented the Council, and addressed concerns
made by public speakers regarding the homeless situation near Lions Park.
(00:43:35)
Becks Heyho, Costa Mesa, addressed concerns regarding the homeless
population. (00:45:15)
Robin Leffler, Costa Mesa, expressed concern regarding local government and
Council power in the proposed charter. (00:45:56)
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (00:48:06)
Mayor Pro Tem Jim Righeimer expressed concerns regarding the proposed
Tewinkle Park sports complex with Big League Dreams, and requested staff to
provide an update; reported a meeting took place with Newport Beach city
officials to discuss various issues that affect Newport Beach and Costa Mesa;
and announced the upcoming the Olympic Womens' Volleyball competition,
which will feature two Costa.Mesa residents. (00:48:11)
Council Member Wendy Leece thanked those who intended to speak about the
withdrawn item related to the Banning Ranch traffic mitigation agreement, and
explained her reason for withdrawing the item; referred to a public speaker's
comments regarding a sign and Westside revitalization, and noted reduced
staffing levels; requested staff to respond to a speaker's concerns regarding
solar flares; congratulated the new director of THINK Together; and asked that
Regular Meeting - August 7, 2012 - Page 3
the minutes from the July 31, 2012 reflect her reasons for her dissenting vote
against the proposed charter. (00:54:10)
Council Member Stephen Mensinger spoke about a youth resident's recovery
with her 16th brain surgery; announced the upcoming Pop Warner opening day;
directed staff to review the sidewalks and trees on Mars Avenue; addressed
concerns about the homeless issues and outreach efforts; and commented on
the recent canvassing by the Young Democrats in opposition of the charter.
(01:01:31)
Council Member Gary Monahan commented on the flyer distributed by the
Young Democrats against the proposed charter and noted the funding sources of
the flyer. (01:08:47)
Mayor Eric R. Bever reported on the success of the inaugural First Fridays Road
Show and announced the upcoming show; referred to an article in the
newspaper regarding the 19th Street Bridge, reiterated the Council's unanimous
decision to reaffirm the removal the 19th Street/Banning Avenue bridge from the
Master Plan of Arterial Highways, and reasserted his opposition to the 19th
Street Bridge. (01:09:06)
REPORT - CHIEF EXECUTIVE OFFICER (CEO) (01:15:32)
No CEO report provided.
CONSENT CALENDAR (01:15:37)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1
through 15, except for Consent Calendar Item Nos. 2, 4, and 8.
Moved by Council Member Wendy Leece, seconded by Council Member
Gary Monahan.
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, Council
Member Gary Monahan
Noes: None.
Absent: None.
Reading Folder.
(a) Claim received by the City Clerk: Toufan Blinsly Hedjazi.
(b) Requests for Alcohol Beverage Control licenses: Surfas Orange
County Inc. dba Surfas Culinary District, 3309 Hyland Avenue, Suite E;
Mastros Restaurants LLC dba Mastros Steakhouse, 633 Anton
Boulevard; Andre Boudin Bakeries Inc. dba Boudin Bakery, 901 South
Coast Drive, Suite N-100; Ashford TRS CM LLC dba Costa Mesa Hilton,
3050 Bristol Street; Shandilya Enterprise Inc. dba Jons Liquor, 2790
Regular Meeting - August 7, 2012 - Page 4
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Harbor Boulevard, Suite 101 and 102.
(c) Letter of Notification: Southern California Edison, Application for
Approval of Energy Efficiency and Demand Response for Integrated
Demand Side Management Programs and Budgets for 2013-2014,
Application No. A.12-07-004.
ACTION: Received and processed
3. WARRANT RESOLUTION 2430: 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 $2,203,354.83.
ACTION: Approved
5. WARRANT RESOLUTION 2432: 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 $1,066,227.71.
ACTION: Approved
6. Professional Services Agreement with West Coast Arborists, Inc., 2200
East Via Burton Street Anaheim, California, for tree maintenance services
for a term of five years in an amount not to exceed $420,000 annually.
ACTION: Approved; authorized the Chief Executive Officer and Interim
City Clerk to sign
7. Professional Services Agreement with Legacy Inmate Communications,
10833 Valley View Street, Suite 150, Cypress, California, for the inmate
ACTION: Approved
9. Authorize refund of cash deposit in the amount of $7,000 to PMC
Concrete Contractors, 1730 Pomona Avenue, #13, Costa Mesa.
California, in connection with Encroachment Permit No. PS12-00059 for
street improvements at 2945 Airway Avenue.
ACTION: Approved
Regular Meeting - August 7, 2012 - Page 5
10. Authorize refund of cash deposit in the amount of $9,457 to J G
Construction, 15362 East Prado Road, Chino, California, in connection
with Encroachment Permit No. PS12-00206 for street improvements at
290 Bristol Street.
ACTION: Approved
11. Authorize refund of cash deposit in the amount of $14,077 to PGMC Inc.,
Post Office Box 5183, Culver City, California, in connection with
Encroachment Permit No. PS11-00506 for street improvements at 1512
Bristol Street.
ACTION: Approved
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND
WATER CONSERVATION FUNDS FOR THE BRENTWOOD PARK
PHASE III DEVELOPMENT PROJECT.
ACTION: Adopt Resolution No. 12-54: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING
THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS
FOR THE BRENTWOOD PARK PHASE III DEVELOPMENT PROJECT.
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND
WATER CONSERVATION FUNDS FOR THE SOUTH FAIRVIEW PARK
IMPROVEMENT PROJECT.
ACTION: Adopt Resolution No. 12-55: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING
THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS
FOR THE SOUTH FAIRVIEW PARK IMPROVEMENT PROJECT.
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS
FOR THE ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM
UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE
NO. 3 FOR THE ANAHEIM/SUPERIOR STORM WATER MITIGATION
PROJECT.
ACTION: Resolution No. 12-56: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING AN APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3
FOR THE ANAHEIM/SUPERIOR STORM WATER MITIGATION
PROJECT.
Regular Meeting - August 7, 2012 - Page 6
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR
THE FAIRVIEW PARK NORTH BLUFF HABITAT RESTORATION AND
SLOPE STABILIZATION PROJECT.
ACTION: Adopt Resolution No. 12-57: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING
THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT
CONSERVATION FUND PROGRAM FOR THE FAIRVIEW PARK
NORTH BLUFF HABITAT RESTORATION AND SLOPE STABILIZATION
PROJECT.
ITEMS REMOVED FROM CONSENT CALENDAR (01:16:07)
2. Minutes of Special Joint Meeting of June 12, 2012; Regular Meeting of
July 3, 2012; Regular Adjourned Meeting/Study Session of July 10, 2012;
Special Meeting of July 25, 2012; Regular Meeting of July 17, 2012; and
Special Meeting of July 31, 2012. (01:16:07)
Council Member Leece requested that the minutes of the July 17, 2012
meeting be continued for further review of the discussion regarding the
Banning Ranch traffic mitigation agreement. (01:16:09)
MOTION: Continue the minutes of the Regular Meeting of July 17,
2012, and approve the minutes of the Special Joint Meeting of June
12, 2012; Regular Meeting of July 3, 2012; Regular Adjourned
Meeting/Study Session of July 10, 2012; Special Meeting of July 25,
2012; and Special Meeting of July 31, 2012.
Moved by Council Member Gary Monahan, 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,
Council Member Gary Monahan
Noes: None.
Absent: None.
4. WARRANT RESOLUTION 2431: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER
NO. 12-15 AND PAYROLL REGISTER NO. 12-14A AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 12-15 for $2,122,630.56 and Payroll No. 12-14A for
$2,137.04, and City operating expenses for $1,005,427.14, including
payroll deductions. (01:16:48)
MOTION: Approve
Regular Meeting - August 7, 2012 - Page 7
Moved by Council Member Gary Monahan, 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,
Council Member Gary Monahan
Noes: None.
Absent: None.
8. Cooperative Agreement with the County of Orange, OC Community
Resources, OC Public Libraries, 1501 East Saint Andrew Place, Santa
Ana, California, for the funding of the Beam Replacement Project at Costa
Mesa Donald Dungan Library, 1855 Park Avenue. (01:17:10)
In response to questions from Council Member Leece, Public Services
Ernesto Munoz addressed the length of the project and repairs, library
closure dates, notification measures taken to alert the residents of the
project and closure, and language to include in notification measures to
divert residents to other local branches. (01:17:10)
MOTION: Approve; authorize the Mayor and Interim City Clerk to
sign
Moved by Council Member Gary Monahan, 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,
Council Member Gary Monahan
Noes: None.
Absent: None.
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
1. No items scheduled.
PUBLIC HEARINGS - 7 p.m. (Resolution No. 05-55) (01:19:38)
1. PUBLIC HEARING: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF
A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 164
FLOWER STREET. (01:19:38)
ACTION: Withdrawn
OLD BUSINESS (01:19:50)
1. Continued from the meeting of July 17, 2012, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Regular Meeting - August 7, 2012 - Page 8
ADDING CHAPTER III OF TITLE 4 OF THE COSTA MESA MUNICIPAL
CODE RELATING TO THE BICYCLE PARKING REGULATIONS.
01:19:58
Terry Koken, Costa Mesa, expressed concern in the lack of bicycle
parking spaces in the city and on private property, and requested leeway
regarding the time a bike can be parked against a public sign before
impound. (01:20:37)
Mayor Bever indicated that the ordinance only applies to public property.
Deputy City Attorney Elena Gerli confirmed that it does not apply to
private property, and the City is adopting a policy to not enforce the new
laws on public property until bicycle racks are installed. (01:21:58)
Perry Valantine, Costa Mesa, commented on the burden to implement the
proposed ordinance, and suggested prohibition of parking bicycles in
areas that obstruct pathways. (01:23:20)
Sheila Pfafflin, Costa Mesa, opined that the language in the proposed
ordinance is too broad for its intended purpose, and expressed concern
regarding the handling of impounded bicycles. (01:25:52)
Mayor Bever indicated there are state or federal laws governing how local
government agencies handle personal property. Ms. Gerli elaborated that
state law mandates the storage of impounded personal property for 90
days, as well as notice requirements. (01:27:14)
Council Member Monahan thanked the Homeless Task Force for moving
forward with the ordinance and spoke in support of the ordinance. He
addressed concerns made by a public speaker about the availability
of bicycle racks on private properties, and indicated that most retailers he
frequents have bicycle racks. (01:28:36)
Council Member Leece asked why the city did not mirror the approach
adopted by the City of Irvine and asked if other cities are using a similar
approach to the one proposed. (01:30:41)
Ms. Gerli stated that the city does not just have a problem with sidewalks
and walkways being blocked, but there are areas in the city where there
are accumulations of parked bikes that cause a visual blight*in addition to
the obstruction of pathways. She stated that the proposed policy mirrors
that of the City of Huntington Beach. (01:31:14)
Discussion ensued regarding the methods for claiming impounded
bicycles, fine and schedule of fees, and anticipated timeline to select and
install bicycle racks and enforce the ordinance, and funding of the
purchase and installation of bicycle racks. (01:32:30)
Mayor Pro Tem Righeimer spoke in support of more bicycle racks in the
Regular Meeting - August 7, 2012 - Page 9
city and in support of the proposed ordinance. (01:37:47)
Council Member Mensinger spoke in support of the ordinance and asked
about the bicycle impound program. (01:40:00)
Neighborhood Improvement Manager Muriel Ullman explained that
impounded bicycles are sent to the auction house for sale at the end of
the month, and indicated that staff is exploring alternatives for the
disposal and distribution of impounded operable bicycles. (01:40:00)
Mayor Bever expressed appreciation in the efforts, but stated his
opposition to the ordinance and in solving homeless issues with solutions
that impose limitations on the liberties of residents. (01:42:00)
MOTION: Adopt Ordinance No. 12-5: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING
CHAPTER III OF TITLE 4 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO THE BICYCLE PARKING REGULATIONS, to be read
by title only, and waive further reading
Moved by Council Member Gary Monahan, seconded by Council
Member Stephen Mensinger.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Wendy
Leece, Council Member Stephen Mensinger, Council Member
Gary Monahan
Noes: Mayor Eric R. Bever
Absent: None.
2. Request for rehearing by Council Member Leece of the determination
made at the meeting of July 17, 2012 regarding the Newport Beach
Banning Ranch traffic mitigation agreement.
ACTION: Withdrawn
NEW BUSINESS (01:42:41)
Urban Master Plan UMP -12-03 screenina reauest for five (5) detached
sinale-familv residences at 1856 Placentia Place and 791 Center Street.
01:42:51
Senior Planner Minoo Ashabi presented the report.
Mark Rossine, RSI Development, responded to questions regarding the
block and perimeter walls, other projects under development in the city,
and the housing market. (01:45:22)
Council Member Mensinger complimented the builders and spoke in
support of the development.
Regular Meeting - August 7, 2012 - Page 10
Council Member Monahan praised the development. (01:52:57)
2. Appointment for vacancy on the Planning Commission (01:53:37)
Economic and Development Services Peter Naghavi presented the report.
Mayor Pro Tem Righeimer spoke in support of Mr. Mathews.
Council Member Leece spoke in opposition of appointing Mr. Mathews
due to potential conflict of interest.
MOTION: Appoint Jeff Mathews to the Planning Commission_ _
Moved by Mayor Pro Tem James Righeimer, seconded_ by_ -Council.
Member Stephen Mensinger.
The motion motion carried by the following roll call vote: - _-
Ayes: Council Member Gary Monahan, Council Member Stephen
Mensinger, Mayor Pro Tem James Righeimer, Mayor Eric R.
Bever
Noes: Council Member Wendy Leece
Absent: None.
3. Military Banner Program
Management Analyst Dan Baker and Jeff Mathews presented the report.
Mayor Pro Tem Righeimer spoke in support of the program.
Council Member Monahan asked if both designs could be used and
interchanged at every other pole, and suggested that honorees be
allowed to choose from either design and whether they would like their
picture featured.
Council Member Mensinger spoke in support of the program.
Council Member Leece encouraged residents to present new ideas to the
Council and spoke in support of the program.
Mr. Mathews thanked Mr. Baker for his work and efforts in moving forward
with the program.
REPORT - City Attorney
No City Attorney report provided.
ADJOURNMENT
The mayor adjourned the meeting at 8:16 p.m.
Regular Meeting - August 7, 2012 - Page 11
ATTEST:
�5CWJO— Qr,&A,
Interim City Clerk of & City of Costa Mesa
ATTEST:--
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Interim City Clerk of ile City of Costa Mesa
on behalf of Successor Agency
Mayor of the City of Costa Mesa
Mayor of the City of Costa Mesa
on behalf of Succesor Agency
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Regular Meeting - August 7, 2012 - Page 12