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Home My WebLink About09/18/2012 - City Council - Successor Agency - Redevelopment Agency1 MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY September 18, 2012 CALL TO ORDER The meeting was called to order by the Mayor at 5:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Pro Tem Righeimer, Council Member Leece, Council Member Mensinger, and Council Member Monahan Council Members Absent: Mayor Bever PUBLIC COMMENTS ON CLOSED SESSION ITEMS - None CLOSED SESSION The City Council recessed into closed session at 5:03 p.m. to consider the following items: 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 Police Association (CMPA), Costa Mesa Police Management Association (CMPMA), and Costa Mesa Division Managers Association pursuant to Government Code Section 54957.6 2. Conference with legal counsel, regarding existing litigation: Acosta v. City of Costa Mesa, District Court for the Central District of California, Case No. SACV06-233DOC(MLGx), pursuant to Government Code Section 54956.9(a). The City Council reconvened at 6:06 p.m. CALL TO ORDER (00:00:12) PLEDGE OF ALLEGIANCE (00:00:25) — Mayor Pro Tem Righeimer MOMENT OF SOLEMN EXPRESSION — None Minutes — Regular Meeting — September 18, 2012 - Page 1 ROLL CALL (00:00:45) Present: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Leece, Council Member Mensinger, and Council Member Monahan Absent: None 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, Interim City Engineer Fariba Fazeli, and Interim City Clerk Brenda Green. CLOSED SESSION REPORT (00:00:57) The City Attorney stated that there was no reportable action. ANNOUNCEMENTS (00:01:00) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS — None PUBLIC COMMENTS (00:03:10) Anna Reagan, Costa Mesa, spoke regarding "Thank -a -Cop Day." (00:03:35) Joy Williams, Costa Mesa, spoke about police officers and the hiring of more officers. (00:04:08) Terry Shaw, Costa Mesa, announced an upcoming Costa Mesa Historical Society event. (00:06:12) Eleanor Egan, Costa Mesa, spoke regarding comments made by Council Member Mensinger at the City Council Meeting on September 4, 2012. (00:08:00) Robert Graham, Costa Mesa, commented on an article in the Daily Pilot; and spoke about the 19th Street extension. (00:11:03) Jay Humphrey, Costa Mesa, expressed support of recognition and awards for scholastic achievements; spoke on political signs, banners, and enforcement of policy. (00:14:47) Wendy Crandell, Costa Mesa, expressed concern of the 7-11 opening on Adams Avenue. (00:18:57) Robin Leffler, Costa Mesa, spoke about theft of political signs. (00:22:30) Minutes — Regular Meeting — September 18, 2012 - Page 2 Tamar Goldmann, Costa Mesa, requested information regarding promoted employees, and spoke about political sign rules, and speech. (00:24:47) Jim Hurzeler, Costa Mesa, expressed opposition to the 7-11 on Adams Avenue. (00:28:36) Greg Thunell Costa Mesa, spoke regarding free speech, city staffing levels, Council strategies, contract costs, and attorney costs. (00:32:08) John Feeney, Costa Mesa, thanked Council and staff for efforts against the 1-405 Toll Roads and commented on a statement made in the Daily Pilot. (00:35:30) Sandra Genis, Costa Mesa, spoke on disaster preparedness; and inquired about the Emergency Response Function in the RFP. (00:37:06) Harold Weitzberg, Costa Mesa, spoke regarding out-of-town lobbyists being allowed additional time to speak. (00:39:29) Martin H. Millard, Costa Mesa, spoke about meeting decorum; and spoke in support of Council actions for improvements in the City. (00:41:25) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS Mayor Pro Tem Righeimer provided an update on the OCTA Toll Roads; thanked Mayor Bever and staff for their efforts; spoke about the 50th Anniversary of The Adobe at Blair Park; thanked the Segerstrom family for their support of the community; responded to public comments; spoke on the actions of the current Council, actions of previous Councils, the hiring of new police employees, and the actions of the Costa Mesa Police Association. (00:43:35) Council Member Leece acknowledged the Costa Mesa Historical Society for their efforts regarding the 50th Anniversary Celebration of The Adobe and the entrepreneurs and businesses at The Camp and The Lab; requested CEO Hatch to address the election rules, provide an update on the SRO Program, provide an update on the Disaster Plan, and the status of the Moment of Solemn Expression; requested an update to the City's website; spoke on disaster preparedness; and thanked staff for their OCTA efforts. (00:53:09) Council Member Mensinger requested a meeting with residents regarding the proposed 7-11 store on Adams; commended the Segerstrom family for the success of the Adobe event; spoke on the Woodbridge Invitational Track Meet; thanked staff for their assistance at the event and for the Olympian recognition event; and spoke about theft of political campaign signs. (00:59:13) Council Member Monahan — None (01:03:54) Minutes — Regular Meeting — September 18, 2012 - Page 3 Mayor Bever spoke on OCTA recommendations and Costa Mesa's support of Alternative 2; comments made regarding the ABLE program; and the First Friday Road Show. (01:04:58) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:08:13) CEO Hatch spoke about the Charter mailer; provided an update on the 1-405 project; spoke regarding the theft of political campaign signs; informed that an Elections Team was created to resolve election issues; thanked the Recreation Division for their efforts regarding sponsorship programs for recreational activities; announced an upcoming Successor Agency to the Redevelopment Agency Meeting; spoke about an update on the SRO Program and the disaster plan; commented on the Moment of Solemn Expression; and presented Council Member Wendy Leece with her 5 -year service pin. CONSENT CALENDAR (01:18:45) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8 except for items 1, 3, 5, and 7 MOVED/SECOND: Mayor Bever/Mayor Pro Tem Righeimer The motion carried by the following roll call vote: Ayes: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Leece, Council Member Mensinger, and Council Member Monahan Noes: None Absent: None The motion carried: 5-0 2. MINUTES: Regular Adjourned Meeting/Study Session of June 14, 2011. ACTION: Approved 4. WARRANT RESOLUTION 2438: 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 $677,898.19. ACTION: Approved 6. FINAL MAP FOR TRACT NO. 17192 LOCATED AT 2460 NEWPORT BOULEVARD FOR ONE LOT SUBDIVISION FOR A 14 -UNIT TWO-STORY COMMON INTEREST DEVELOPMENT (CONDOMINIUMS). ACTION: 1. City Council approved the Final Map for Tract No. 17192; and Minutes — Regular Meeting — September 18, 2012 - Page 4 2. Authorized signing of the Map by the City Clerk and the City Engineer. 8. AUTHORIZATION FOR PRINCIPAL PLANNER POSITION (a) BUDGET ADJUSTMENT NO. 13-007. ACTION: 1. City Council authorized new Principal Planner position; and 2. Approved Budget Adjustment 13-007. ITEMS REMOVED FROM THE CONSENT CALENDAR (01:19:12) 1. READING FOLDER (01:19:15) a. CLAIMS RECEIVED BY THE CITY CLERK: Sarajian Law Group on behalf of Jerome Espina; David P. Crandall on behalf of Ethel Petroske. b. REQUESTS FOR ALCOHOL BEVERAGE CONTROL LICENSES: 7 -Eleven, Inc. dba 7 -Eleven, 1548 Adams Avenue, Suite A; Shuck, LLC dba Shuck, 3313 Hyland Avenue, Suite Al; G1001 Inc. dba G Burgers, 615 West 19th Street. Discussion ensued regarding liquor licenses. Eleanor Egan, Costa Mesa, recommended that the Council communicate with the ABC regarding liquor licenses issued. (01:27:40) Robert Graham, Costa Mesa, inquired if the City could deal with this issue better if it were a Charter City. (01:28:13) Perry Valantine, Costa Mesa, spoke regarding the process of issuing and transferring liquor licenses. (01:28:34) Wendy Crandall, Costa Mesa, spoke on the number of liquor stores in the City, the types of liquor licenses, and protesting to the ABC. (01:30:31) Jim Hurzeler, Costa Mesa, spoke on the types of liquor licenses and in opposition to the proposed store and its hours. (01:32:40) Discussion ensued regarding transfer of liquor licenses, the hours of liquor sale, and the power of the City Council over liquor licenses. MOTION/SECOND: Council Member MonahanlMayor Bever The motion carried by the following roll call vote: Minutes — Regular Meeting — September 18, 2012 - Page 5 Ayes: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Leece, Council Member Mensinger, and Council Member Monahan Noes: None Absent: None The motion carried: 5-0 ACTION: Received and filed 3. WARRANT RESOLUTION 2437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 12-18 AND PAYROLL REGISTER NO. 12-17A AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, FUNDING PAYROLL NO. 12-18 FOR $2,098,411.65 AND PAYROLL NO. 12-17A FOR -$504.55, AND CITY OPERATING EXPENSES FOR $828,051.73, INCLUDING PAYROLL DEDUCTIONS. (01:37:40) Tamar Goldmann, Costa Mesa, spoke about payment to Jones and Mayer Law Firm. (01:38:00) MOTION/SECOND: Mayor Bever/Mayor Pro Tem Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: Approved 5. ROADWAY MARKINGS AND TRAFFIC SIGN MAINTENANCE, CITY PROJECT NO. 12-09. (01:40:08) Eleanor Egan, Costa Mesa, spoke about public noticing of the item. (01:41:35) MOTION/SECOND: Council Member Monahan/Mayor Bever The motion carried unanimously. ACTION: 1. City Council rejected the bid received for Roadway Markings and Traffic Sign Maintenance from BC Traffic Specialist; and 2. Directed staff to re -advertise the Notice Inviting Bids for Roadway Markings and Traffic Sign Maintenance. Minutes — Regular Meeting - September 18, 2012 - Page 6 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE LIST OF DESIGNATED POSITIONS FOR THE CITY'S CONFLICT OF INTEREST CODE. (01:42:56) Perry Valantine, Costa Mesa, inquired about the location of specific officers on the list. (01:43:45) Ms. Green explained that the positions inquired are designated positions that the State requires to file. (01:44:25) MOTION/SECOND: Mayor Bever/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Leece, Council Member Mensinger, and Council Member Monahan Noes: None Absent: None The motion carried: 5-0 ACTION: City Council approved Resolution No. 12 -XX Entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AMENDMENTS TO ITS CONFLICT OF INTEREST CODE." PUBLIC HEARINGS — None OLD BUSINESS — None NEW BUSINESS (01:46:12) 1. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 6, 2012. (01:46:25) MOTION/SECOND: Council Member Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Leece, Council Member Mensinger, and Council Member Monahan Noes: None Absent: None The motion carried: 5-0 ACTION: City Council approved cancellation of the regular scheduled City Council Meeting of November 6, 2012. Minutes — Regular Meeting — September 18, 2012 - Page 7 11 REPORT — CITY ATTORNEY — None (01:48:13) The Mayor adjourned the meeting at 7:55 p.m. Stephen Mensinger, ATTEST: Brenda Green, City. perk Minutes — Regular Meeting — September 18, 2012 - Page 8 •i