HomeMy WebLinkAbout09/04/2012 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SEPTEMBER 4, 2012
CALL TO ORDER
The meeting was called to order by the Mayor Pro Tem at 6:00 p.m. in the Council Chambers at
Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
PLEDGE OF ALLEGIANCE — Council Member Mensinger
MOMENT OF SOLEMN EXPRESSION None
ROLL CALL
Present: Mayor Pro Tem/Vice Chair Righeimer, Council/Agency Member Leece,
Council/Agency Member Mensinger and Council/Agency Member Monahan.
Absent: Mayor Bever
Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas .Duarte,
Assistant Chief Executive Officer Rick Francis; Economic and Development Services Director
Peter Naghavi, Public Services Director Ernesto Munoz, Finance and IT Director Bobby Young,
Police Chief Tom Gazsi, Interim Fire Chief Tom Arnold, Community Affairs Manager Dan Joyce,
Communications and Marketing Manager Bill Lobdell, Interim City Clerk Brenda Green.
CLOSED SESSION REPORT None
ANNOUNCEMENTS
Mayor Pro Tem Righeimer announced that Public Hearing Item #1 had been withdrawn from the
agenda.
"Costa Mesa Minute" was played featuring upcoming events and .activities in the community.
PRESENTATIONS None
PUBLIC COMMENTS
Ari David, spoke in opposition to unions and thanked the Council. (05:00)
James Hurzeler, Costa Mesa, spoke in opposition to the operating hours, , the ..Pjanning
Commission approved for the 7-11 at 1548 Adams Ave., and also in spoke in opposition of the
application for a State Alcoholic Beverage Control License. (07:42)
Jeff Hull, Costa Mesa, thanked Council for supporting Project. Independence ,and .spoke. on the
Project Independence's 3rd Annual Walk for Independence 2012 to be held on Saturday,
September 15 at Tewinkle Park. (10:20)
City Council Meeting — September 4, 2012 - Page 1
Perry Valantine, Costa Mesa, spoke regarding the false DUI call involving Mayor Pro Tem
Righeimer on August 22nd and supports integrity and honesty in government. (11:13)
Anna Reagan, Costa Mesa, thanked the Costa Mesa paramedics who responded promptly to a
friend's emergency. (13:33)
Jay Humphrey, Costa Mesa, spoke in support of staff and the work they have done regarding
the 1-405 widening project and opposition to the OCTA Option 3 proposal. (14:24)
Martin Thomas, spoke in opposition to unions and supports Council's efforts with regards to the
budget. (15:25)
Sue Lester, Costa Mesa, spoke regarding the false DUI call involving Mayor Pro Tem Righeimer
on August 22nd. (18:37)
Harold Weitzberg, Costa Mesa, spoke regarding the false DUI call involving Mayor Pro Tem
Righeimer on August 22nd and spoke on Costa Mesa receiving negative publicity. (21:24)
Robin Leffler, Costa Mesa, spoke regarding the false DUI call involving Mayor Pro Tem
Righeimer on August 22nd and supports an investigation; supports truthfulness and civility;
clarified that CM4RG is an independent, multi -partisan grass roots organization; and supports
an increase in police staffing. (23:30)
Greg Thunell, Costa Mesa, spoke regarding an article in the New Yorker magazine and various
City issues. (26:39)
Martin H. Millard, Costa Mesa, spoke regarding the false DUI call involving Mayor Pro Tem
Righeimer on August 22nd and negative campaign practices. (30:10)
Pedro Paramo, addressed the Council in Spanish. (33:20)
Speaker, City of Bell, spoke about Pedro Paramo exposing corruption in the City of Bell. (34:41)
Eleanor Egan, Costa Mesa, spoke against the Council Members vote on the Banning Ranch
Agreement, and criticized several Council Members. (37:07)
Tom Pollitt, Costa Mesa, thanked the Council for their efforts, spoke positively on a balanced
budget, and spoke regarding the false DUI call involving Mayor Pro Tem Righeimer on August
22nd' (39:28)
Jim Fitzpatrick, Costa. Mesa, spoke in support of the Council; spoke in support of infrastructure
spending, and spoke on pride in Costa Mesa. (41:38)
Terry Koken, Costa Mesa, spoke on 2nd amendment rights, collective bargaining, and requested
the fence at Lions Park to be removed. (44:16)
Cindy Brennaman, Costa Mesa, spoke positively about the paramedics and the fire department
and thanked, them for their professionalism and courtesy towards her during a recent accident.
(45:45)
City Council Meeting — September 4, 2012 - Page 2
John Hill, Costa Mesa, spoke in support of the Council, the Charter Measure, and the vote on
the Banning Ranch issue. (48:50)
Tamar Goldmann, Costa Mesa, spoke regarding management at the meetings and courtesy and
ethical behavior at meetings. (51:18)
Christy Roget, spoke regarding coyotes in the area and the dangerous conditions they create;
and presented a pamphlet to Council on the issue. (54:42)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Leece thanked Christy Roget for her presentation on coyotes and her
outreach; spoke on the event honoring the Olympians; spoke on the Festival of the Children kick
off event; and spoke on the Code of Fair Campaign Practices for candidates. (56:36)
Council Member Mensinger spoke on the code enforcement issues at Lions Park; spoke about
civil conversations and differences of opinions; and spoke regarding the false DUI call involving
Mayor Pro Tem Righeimer on August 22nd. (01:02:56)
Mayor Pro Tem Righeimer spoke about the negotiating tactics used by the law firm Lackie,
Dammeier and McGill on behalf of police unions; thanked the Fire Associations who were open
for contract negotiations; and spoke against the 1-405 Widening project that included toll lanes.
(01:10:58)
REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:21:32)
Rick Francis, Assistant CEO, provided the following updates with regards to Ford Road: a
sidewalk has been installed; curbs have been painted; trees have been trimmed; neighborhood
watch meeting has been scheduled, Edison has been contacted regarding lighting issues; code
enforcement items have been identified; and staff is researching parking options.
CEO Hatch responded to comments from the public speakers and provided the following
updates:
Indicated he had met with the Managers of the Albertsons Store at Harbor Boulevard and
Wilson St. regarding the crime issues created by transients and better ways to address the
crimes and social issues; spoke on the Neighborhood Improvement Task Force addressing the
problems with motels and inspections of motels; has spoken with T -Mobile regarding the
wireless tower located at Tustin and 20th, spoke regarding the elections issues group that will be
meeting weekly to address complaints on election issues; indicated a private firm has been
secured to remove political signs only on the public right a ways; will be providing a brief to
Council on the four hour rule; thanked Becks Heyhoe and Officer Julian Trevino for their work in
helping a homeless person reconnect with their family; and thanked Dan Joyce and staff for
organizing the Olympian event; and explained that the Investment Advisory Committee is
researching modifications to the scope of the Committee.
CONSENT CALENDAR (01:38:31)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7.
MOVED/SECOND: Council Member Leece/Council Member Mensinger
City Council Meeting — September 4, 2012 - Page 3
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Monahan, Council Member Mensinger,
Mayor Pro Tem Righeimer
Noes: None
Absent: Mayor Bever
°a. READING FOLDER None
2. MINUTES: Regular Meeting of July 17, 2012; and Special Meeting of August 9,
2012.
ACTION: Approved.
3. WARRANT RESOLUTION 2435: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 12-17 AND PAYROLL REGISTER
NO. 12-16A AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE
PAID, funding Payroll No. 12-17 for $2,139,645.20, Payroll No. 12-16A for $1,251,
and City operating expenses for $653,351.37, including payroll deductions.
ACTION: Approved.
WARRANT RESOLUTION 2436: 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 $362,001.75
ACTION: Approved.
3- Completion of 2011-2012 Community Development Block Grant (CDBG) Alley No.
122 Improvement Project, City Project No. 12-02, by Sequel Contractors, Inc., 13546
Imperial Highway, Santa Fe Springs, California.
A�TION:. Approved; authorized the City Clerk to file a Notice of Completion; release
retention monies 35 days thereafter; exonerate the Labor, and Material Bond
seven (&) months thereafter; and exonerate the Faithful Performance Bond
twelve (12) months thereafter.
6. Authorize release of performance and labor and material bonds (Certificate No.
6611.19371) in the amounts of $489,672 each to Oxbow 101, LLC, 3 San Joaquin
PEaza, Suite 100, Newport Beach, California, in connection with Encroachment
Permits.Nos. PS06-00630 and PS09-00238 for street improvements for Tract No.
16917 Icoated at 1011-1045 EI Camino Drive.
ACTION: Approved.
To A .-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA' MESA,
CALIFORNIA DECLARING ITS INTENTION TO ORDER THE VACATION OF A
PORTION OF FULLERTON AVENUE AT 164 FLOWER AVENUE, and setting a public
hearing on October 2, 2012 -at 7 p.m.
City Council Meeting — September 4, 2012 - Page 4
ACTION: Approved.
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY None
PUBLIC HEARINGS - 7 p.m.
Public Hearing Item #1 was withdrawn from the agenda.
1. PUBLIC HEARING: Appeal of Planning Commission's determination regarding Planning
Application Amendment PA -07-43 Al, for Stantech Architects, to amend Conditional Use
Permit PA -07-43 for hours of operation (8 a.m. to midnight, seven days a week permitted;
24 hours a day, seven days a week requested), in conjunction with a person-to-person
transfer of a State Alcoholic Beverage Control License Type 21 (Off -Sale General) for a
proposed 7 -Eleven convenience store/mini-market located at 1548 Adams Avenue, Suite
A, in a C1 (Local Business District) zone. Environmental Determination: Exempt
NEW BUSINESS ITEM NO. 2 WAS TAKEN OUT OF ORDER (01:39:23)
2. Side Letters of Agreement to the July 1, 2007 to June 30, 2013 Memorandum of
Understanding (MOU) with the Costa Mesa Firefighters Association (CMFA); and the
October 26, 2010 to June 30, 2014 MOU with the Costa Mesa Fire Management
Association (CMFMA).
Staff report presented by Lance Nakamoto, Human Resources Manager.
A summary of Assembly Bill 340 regarding pension reform was provided by Richard
Kreisler.
Susan Shaw, Costa Mesa spoke in support of the Agreements.
MOTION:
1. Approve and adopt the Side Letter of Agreement (LOA) with the Costa Mesa
Firefighters Association (CMFA) thereby amending certain portions of -the 2007-2013
Memorandum of Understanding (as modified by the October 20, 2010 Side Letter of
Agreement) between the Costa Mesa Firefighters Association and the City; and
2. Approve and adopt the Side Letter of Agreement (LOA) with the Costa Mesa Fire
Management Association (CMFMA) thereby amending certain portions of the
October 26, 2010 — June 30, 2014 Letter of Agreement between the Costa Mesa
Fire Management Association and the City.
MOVED/SECOND: Council Member Leece/Council Member Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Mensinger, Council Member Monahan,
Mayor Pro Tem Righeimer
Noes: None
Absent: Mayor Bever
OLD BUSINESS ITEM NO. 3 WAS TAKEN OUT OF ORDER
City Council Meeting — September 4, 2012 - Page 5
3. Civic Openness in Negotiations (COIN) Ordinance (02:08:45)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING CHAPTER VI OF TITLE 2 OF THE COSTA MESA
MUNICIPAL CODE TO ORGANIZE EXISTING SECTIONS INTO ARTICLE 1 AND ADD
A NEW ARTICLE 2 REGARDING CIVIC OPENNESS IN NEGOTIATIONS
Council Member Mensinger provided a summary of the Ordinance.
Richard Kreisler, Special Counsel, provided an explanation of the process, what can and
cannot be disclosed, and how this Ordinance pertains to the Meyers Milias Brown Act.
Perry Valantine, Costa Mesa, expressed concerns regarding the costs that may be
associated with an outside negotiator and auditor and supported disclosure requirements.
Robin Leffler, Costa Mesa, spoke in support of expanding the disclosure requirements.
Jay Humphrey, spoke in support of the Ordinance and expressed support for disclosure
of ex -parte communications in other matters.
Tamar Goldmann, Costa Mesa, spoke in support of transparency.
Beth Refakes, Costa Mesa, spoke in support of the Ordinance, support of an outside
negotiator and a thorough financial analysis and supports transparency.
Don Hill, Costa Mesa, spoke in support of the Ordinance.
Council Member Monahan spoke in support of the Ordinance and spoke on the Request
For Proposal process.
Council Member Leece spoke in support of transparency and supports a broader ex -
parte communications Ordinance.
Mayor Pro Tem Righeimer spoke in support of transparency and his willingness to work
on a broader ex -parte communications Ordinance.
MOTION:
1. Give second reading to Ordinance No. 12-7 regarding civic openness in negotiations
by title only, and waive further reading; and
2. Adopt Ordinance 12-7 regarding civic openness in negotiations.
MOVED/SECOND: Council Member Monahan/Council Member Leece
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Mensinger, Council Member Monahan,
Mayor Pro Tem Righeimer
Noes: None
Absent: Mayor Bever
City Council Meeting — September 4, 2012 - Page 6
OLD BUSINESS
1. NEIGHBORHOOD IMPROVEMENT TASK FORCE UPDATE (02:59:23)
Staff report and summary provided by Rick Francis, Assistant CEO and Muriel Ullman,
Consultant.
Perry Valantine, Costa Mesa, commended the task force.
Beth Refakes, Costa Mesa, spoke on the unintended consequences of relocating the
homeless and requiring motels to be maintained.
Mayor Pro Tem Righeimer spoke about enforcement at rehabilitation facilities and
motels.
Council Member Mensinger requested a list of support services for the homeless and
spoke on the problems created by the homeless.
MOTION: Receive and file.
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Mensinger, Council Member Monahan,
Mayor Pro Tem Righeimer
Noes: None
Absent: Mayor Bever
2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING TITLE 19, CHAPTER 1, ARTICLE 4, SECTIONS 19-14 AND
19-15 OF THE COSTA MESA MUNICIPAL CODE REGARDING
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY (04:06:14)
Mayor Pro Tem Righeimer recused himself due to a conflict of interest and left the
Chambers.
Ernesto Munoz, Public Services Director, presented the staff report and answered
questions.
Discussion ensued regarding the T -Mobile telecommunication facility located at 20th St.
and Tustin Ave.
Barbara Mohero, Costa Mesa, spoke against the current T -Mobile telecommunication
facility located at 20th St. and Tustin Ave and public noticing.
Council Member Mensinger requested Mr. Hatch to contact T -Mobile on removing the cell
tower and clarified that City Council does not approve the cell towers. -
City Council Meeting — September 4, 2012 - Page 7
MOTION:
1. Give second reading to Ordinance No. 12-6 adopting an amendment to Title 19,
Chapter 1, article 4, Sections 19-14 and 19-15 regarding wireless telecommunications
facilities in the public right-of-way by title only, and waive further reading; and
2. Adopt Ordinance 12-6.
MOVED/SECOND: Council Member Monahan/Council Member Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Mensinger, Council Member Monahan,
Noes: None
Abstain: None
Absent: Mayor Bever
Mayor Pro Tem Righeimer returned to the Chambers.
NEW BUSINESS
1. REQUEST FOR "RESIDENT ONLY" PARKING RESTRICTION ON BALLOW LANE
BETWEEN MISSION DRIVE AND EL CAMINO DRIVE (04:20:45)
Public Services Director Ernesto Munoz presented the staff report.
MOTION:
1. Authorize the Transportation Services Manager to extend `Resident Only" parking
restriction for a maximum of 1,000 feet as needed; and
2. Adopt Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, DESIGNATING PERMIT PARKING ON BALLOW LANE
BETWEEN MISSION DRIVE AND EL-CAMINO DRIVE.
MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Leece, Council Member Mensinger, Council Member
Monahan, Mayor Pro Tem Righeimer
Noes: None
Absent: Mayor Bever
The Mayor Pro Terrydjourneed the meeting at 10:32 p.m.
Mayor
Eolm--lmt,
Interim City Clerk-
—
City Council Meeting — September 4, 2012 - Page 8
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