HomeMy WebLinkAbout10/16/2012 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
October 16, 2012
CALL TO ORDER
The meeting was called to order by the Mayor at 5:05 p.m. in the Council Chambers at Costa
Mesa City Hall, 77 Fair Drive, Costa Mesa, California.
ROLL CALL
Council Members Present: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Leece,
Council Member Mensinger, and Council Member Monahan
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments received.
CLOSED SESSION
The City Council recessed into closed session at 5:06 p.m. to consider the following items:
1.' 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).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:10)
PLEDGE OF ALLEGIANCE (00:00:22) — Council Member Mensinger
MOMENT OF SOLEMN EXPRESSION — None
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, Deputy City Attorney Christian
Bettenhausen, Assistant Chief Executive Officer Rick Francis, Economic and Development
Services Director Peter Naghavi, Public Services Director Ernesto Munoz, and Interim City Clerk
Brenda Green.
Minutes — Regular Meeting — October 16, 2012 - Page 1
CLOSED SESSION REPORT (00:00:55)
Deputy City Attorney Bettenhausen reported that the following action was taken regarding
Closed Session item number 1:
MOTION: To file a petition to review the Appellate Court decision in the case.
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried by the following roll call vote:
Ayes: Mayor Bever, Mayor Pro Tem Righeimer, Council Member Monahan, Council Member
Mensinger
Noes: Council Member Leece
Motion carried 4-1.
ANNOUNCEMENTS (00:01:40)
"Costa Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATIONS (00:04:10)
Mayor Bever congratulated and presented the Mayor's Cup to the 2012 Costa Mesa National
Little League All-Star Team.
PUBLIC COMMENTS (00:09:07)
Laura Wells, Costa Mesa, spoke about Metastatic Breast Cancer and promoted Breast Cancer
Awareness Month. (00:09:23)
James Bridges, Costa Mesa, wished all candidates luck on the upcoming election and
expressed opposition to Measure V. (00:12:12)
Bob Ooten, President of the Costa Mesa Sanitary District, announced a free Household
Hazardous Waste Collection event on Saturday, November 17, 2012. (00:14:50)
Flo Martin, Costa Mesa, spoke regarding the removal of campaign signs by a city employee.
(00:16:53)
Perry Valantine, Costa Mesa, spoke about the layoff notices, litigation with the Employee's
Association, and a City Charter. (00:21:00)
David Meyer, Costa Mesa, expressed complaints on a Costa Mesa Police employee. (00:24:14)
Sue Lester, Costa Mesa, spoke regarding campaign signs and informed of the massage parlors
and banners at the 440 Building. (00:25:20)
Rich Reiser, Costa Mesa, requested City approval for a Marine Corps flag at the Senior Center;
expressed support of assistance for homeless people; requested increased police enforcement
for the protection of wheelchairs on the sidewalks; and expressed opposition to the City Charter.
(00:28:40)
Minutes — Regular Meeting — October 16, 2012 - Page 2
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Jay Humphrey, Costa Mesa, spoke regarding comments made by Mr. Reiser about wheelchairs
on the sidewalks. (00:32:20)
Chris McEvoy, Costa Mesa, spoke on a political flyer he received in the mail and informed of a
Notice of Intent to Circulate a Recall Petition. (00:34:34)
Jim Fitzpatrick, Costa Mesa, President of the Costa Mesa Tax Payers' Association, spoke about
vandalism of campaign signs. (00:39:41)
Greg Tunnell, Costa Mesa, spoke about residing in Costa Mesa and the national economy; and
expressed opposition to Measure V. (00:42:42)
Robin Leffler, Costa Mesa, spoke about Costa Mesans for Responsible Government, Banning
Ranch, campaign signs being removed on Mesa Verde Drive, and crime in the City. (00:45:57)
Terry Koken, Costa Mesa, spoke on the number of ballots cast in previous elections. (00:49:35)
Sandy Johnson, Costa Mesa, spoke in opposition to Council actions and speech. (00:52:12)
John Feeney, Costa Mesa, expressed opposition to the TCA and spoke about a flyer distributed
by Coastline Community College and the 405 Toll Roads. (00:54:45)
Tamar Goldmann, Costa Mesa, read an article from the Daily Pilot regarding Council actions;
and expressed support for police officers in the City. (00:57:36)
Ernie Feeney, Costa Mesa, spoke regarding an article from the Daily Pilot regarding
Assessment Districts. (01:00:52)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Mensinger spoke about the issue of the theft and vandalism of campaign signs
and free speech; spoke against disparaging remarks; and expressed best wishes to all
candidates in the upcoming election. (01:03:48)
Council Member Monahan spoke about the issue of the theft and vandalism of campaign signs
and informed of a reward offer for the missing banners; spoke regarding campaigns in 1988 and
1992, attorney fees, and a previous lawsuit against the City; and recognized Boy Scouts Troops
344 and 106. (01:11:43)
Mayor Bever provided an update on the 1-405 issues; spoke on campaign mail he received
regarding Measure V; requested for CEO Hatch to explain the Senior Center being an
independently run organization; spoke on the Banning Ranch Traffic Mitigation and issues with
the Soup Kitchen. (01:15:25)
Minutes — Regular Meeting — October 16, 2012 - Page 3
Mayor Pro Tem Righeimer spoke regarding the Feet to the Fire Charter Debate on October 15,
2012; praised the police and fire employees; spoke on pensions, campaign mail pieces; spoke
on police and fire recruitments and spoke on campaign contributions. (01:23:28)
Discussion ensued regarding a letter signed by Council Member Leece. Mayor Pro Tem
Righeimer read the letter out loud. (01:33:45)
Council Member Leece spoke highly on the life of Bobbie Hedrick, who had recently passed
away, and expressed condolences to the family; commended Ms. Wells for the courage to
speak about Metastatic Breast Cancer; thanked the Chamber of Commerce for the BBQ in
honor of the Public Safety employees; thanked the Halecrest Community for the success of the
Chili Cook -Off; announced the Shake Out Event on Thursday, October 18, 2012; spoke on
issues regarding coyotes and the Town Hall Meeting to be held on October 29, 2012;
commended the Historical Preservation Committee for their efforts towards Costa Mesa's 60th
Anniversary; requested for CEO Hatch to follow-up on Mr. Reiser's request regarding the Marine
Corps flag; spoke on the wheelchair safety issue, an Assessment District, the Soup Kitchen; the
Orange County Fire Authority and the Brown Act. (01:43:50)
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:59:40)
CEO Thomas Hatch informed that Council will be provided with an update on the Banning
Ranch Agreement at a later time; spoke on the Senior Center and the Marine Corps flag, the
temporary closure of the 1-73, the service in honor of Bobbie Hedrick, and the earthquake
preparedness drill.
CONSENT CALENDAR (02:04:50)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11 except
for Items 3, 4, and 5.
MOVED/SECOND: Council Member Monahan/Mayor Bever
The motion carried unanimously.
1. READING FOLDER
(a) CLAIMS RECEIVED BY THE CITY CLERK: LAW OFFICES OF W. DOUGLAS
EASTON ON BEHALF OF MYRA BAILEY; PAM BLAKESLEE; AND COBY N. KELLER,
ESQ. ON BEHALF OF RICHARD DIAMOND.
ACTION: Received and filed.
2. NO MINUTES
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Minutes — Regular Meeting — October 16, 2012 - Page 4
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6. ACCEPTANCE AND ALLOCATION OF THE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) FUNDS FOR FISCAL YEAR 2012-2013.
(a) BUDGET ADJUSTMENT NO. 13-009 IN THE AMOUNT OF $20,801.
ACTION:
1. City Council approved stafrs recommendation to allocate 2012 Edward Byrne Memorial
Justice Assistance Grant (JAG) funds to the Police Department's operating budget; and
2. Approved the budget adjustment (BA #13-009) to increase revenue and appropriations in
the Jag fund and allocate specified funds.
7. AUTHORIZE REFUND OF CASH DEPOSIT IN THE AMOUNT OF $5,280 TO DIVERSE
HOLDING COMPANY IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS06-
00630 FOR CORNER MONUMENTATION AT 1011 EL CAMINO DRIVE.
ACTION:
City Council approved refund cash deposit in connection with Encroachment Permit No.
PS06-00630 in the amount of $5,280 to Diverse Holding Company, 186 E. 16th Street,
Costa Mesa, California 92627.
8. AUTHORIZE REFUND OF CASH DEPOSIT IN THE AMOUNT OF $13,474 TO MELIA
HOMES INC. IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS11-00494 FOR
STREET IMPROVEMENTS AT 178 EAST 19TH STREET.
ACTION:
City Council approved refund cash deposit in connection with Encroachment Permit No.
PS11-00494 in the amount of $13,474 to Melia Homes Inc., 8951 Research Drive, Suite
100, Irvine, California 92618.
9. AUTHORIZE REFUND OF CASH DEPOSIT IN THE AMOUNT OF $17,171 TO SCEL
PROPERTIES LLC IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS12-
00107 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION AT 2201
SANTA ANA AVENUE.
ACTION:
City Council approved refund cash deposit in connection with Encroachment Permit Nos.
PS12-00107, PS12-00119, and PS12-00286 in the amount of $17,171 to SCEL Properties
LLC, 620 Newport Center Drive, 12th Floor, Newport Beach, California 92660.
Minutes — Regular Meeting — October 16, 2012 - Page 5
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10. AUTHORIZE REFUND OF CASH DEPOSIT IN THE AMOUNT OF $8,483.65 TO SCEL
PROPERTIES LLC IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS12-
00190 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION AT 1928
SANTA ANA AVENUE.
ACTION:
City Council approved refund cash deposit in connection with Encroachment Permit No.
PS12-00190 in the amount of $8,483.65 to SCEL Properties LLC, 620 Newport Center
Drive, 12th Floor, Newport Beach, California 92660.
11. A RESOLUTION OF THE
CALIFORNIA, ADOPTING
MAINTAINING THE CITY'S
REPRESENTED BY THE
(CMDMA).
ACTION:
CITY COUNCIL OF THE CITY OF COSTA MESA,
AN AMENDMENT TO RESOLUTION NO. 10-73
CURRENT FLEXIBLE CONTRIBUTION FOR EMPLOYEES
COSTA MESA DIVISION MANAGERS' ASSOCIATION
City Council adopted a Resolution of the City Council of the City of Costa Mesa, California,
adopting an amendment to Resolution . No. 10-73 maintaining the City's current flexible
contribution for employees represented by the Costa Mesa Division Managers' Association
(CMDMA).
ITEMS REMOVED FROM THE CONSENT CALENDAR (02:05:10)
3. WARRANT RESOLUTION 2441: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NO. 12-20 AND PAYROLL REGISTER NO. 12-19A
AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID,
FUNDING PAYROLL NO. 12-20 FOR $2,090,007.87 AND PAYROLL NO. 12-19A FOR -
$356.82, AND CITY OPERATING EXPENSES FOR $734,574.74, INCLUDING PAYROLL
DEDUCTIONS. (02:05:21)
Perry Valantine, Costa Mesa, requested clarification on payments.
MOTION/SECOND: Council Member Monahan/Mayor Bever
The motion carried unanimously.
ACTION: Approved.
Minutes — Regular Meeting — October 16, 2012 - Page 6
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4. WARRANT RESOLUTION 2442: 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
OPERATIONS EXPENSE FOR $632,238.54. (02:08:23)
Tamar Goldmann, Costa Mesa, commented on amount paid to Jones and Mayer Law Firm
for legal services.
MOTION/SECOND: Council Member Monahan/Mayor Bever
The motion carried unanimously.
ACTION: Approved.
5. AUTHORIZATION FOR TWO CODE ENFORCEMENT OFFICER POSITIONS. (02:10:55)
(a) BUDGET ADJUSTMENT NO. 13-008 IN THE AMOUNT OF $106,623
Council Member Leece requested an overview of the duties of the Code Enforcement
officers.
Discussion ensued regarding the amount of full-time and part-time Code Enforcement
officers and the duties of the officers. (02:11:50)
Beth Refakes, Costa Mesa, expressed support of hiring more Police Officers, rather than
Code Enforcement officers. (02:16:30)
Discussion ensued regarding the Budget Adjustments; pension for the two new Code
Enforcement Officers, plans to hire more Police staff, and tracking of calls regarding code
enforcement. (02:17:58)
MOTION/SECOND: Council Member Mensinger/Mayor Bever
The motion carried unanimously.
ACTION:
1. City Council authorized two new Code Enforcement Officer positions in the Development
Services Department; and
2. Approved Budget Adjustment (BA #13-008).
Minutes — Regular Meeting — October 16, 2012 - Page 7
PUBLIC HEARINGS — (02:31:11)
1. CONTINUED FROM THE MEETING OF OCTOBER 2, 2012, 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.
Staff report provided by Ernesto Munoz, Public Services Director. (02:31:30)
Steve Pier, Newport Beach, expressed opposition to the item. (02:34:13)
Deputy City Attorney Bettenhausen informed that the noticing and findings for the vacation
are appropriate according to state law. (02:38:45)
Discussion ensued regarding the abandonment of the easement, the development planned
for the property, and the noticing requirements. (02:39:25)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer
The motion carried unanimously.
ACTION:
1. City Council adopted the resolution ordering the street vacation; and
2. Authorized the Mayor and Interim City Clerk to sign the Quitclaim Deed; and
3. Authorized Interim City Clerk to record the Quitclaim Deed
OLD BUSINESS — None
NEW BUSINESS (02:44:00)
1. AMENDMENT TO THE CONTRACT BETWEEN CALPERS AND THE CITY OF COSTA
MESA TO INCLUDE PROVISIONS PURSUANT TO GOVERNMENT CODE SECTION
20475 IN ORDER TO IMPLEMENT 2%@50 RETIREMENT FORMULA (FIRE SAFETY
GROUP). (02:44:05)
Staff report provided by Lance Nakamoto, HR Manager, and Ryan Thomas, Principal HR
Analyst. (02:44:25)
(a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF COSTA MESA.
MOTION/SECOND: Council Member Monahan/Council Member Leece
The motion carried unanimously.
Minutes — Regular Meeting — October 16, 2012 - Page 8
ACTION:
City Council adopted a Resolution of Intention to approve an Amendment to the Contract
between the Board of Administration of the California Public Employees' Retirement
System (CaIPERS) and the City Council of the City of Costa Mesa in order to implement
the lower -level retirement formula of 2%@50 for Fire Safety employees.
(b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY OF COSTA MESA AND BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
MOTION/SECOND: Council Member Monahan/Council Member Mensinger
The motion carried unanimously.
ACTION:
1. City Council introduced, gave first reading by title only, and waived further reading of
Ordinance No. 12 -XX which authorizes the amendment to the CalPERS contract to
implement the 2%@50 retirement formula for Fire Safety employees; and
2. Authorized the City Clerk to execute required CaIPERS certifications:
a. Certification of Governing Body's Action- PERS-CON-12.
b. Certification of Compliance with Government Code Section 7507 PERS-CON-12A.
c. Certification of Compliance with Government Code Section 20475- PERS-CON-30.
REPORT — CITY ATTORNEY — None (02:48:05)
The Mayor adjourned the meeting at 8:51 p.m.
MAYOR ��
CITY CLERK .
Minutes — Regular Meeting — October 16, 2012 - Page 9