HomeMy WebLinkAbout10/01/2013 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OCTOBER 1, 2013
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 Righeimer, Mayor Pro Tem Mensinger, Council Member
Leece, Council Member Genis and Council Member Monahan
(arrived at 5:30 p.m.)
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS - None
CLOSED SESSION
The City Council recessed into closed session at 5:00 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), pursuant to California 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 California Government Code Section
54956.9(a).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE — Council Member Genis
MOMENT OF SOLEMN EXPRESSION (00:00:01)
Pastor Christian Parra, Harbor Christian Fellowship
ROLL CALL (00:01:16)
Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council
Member Genis 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
Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green.
Minutes — Regular Meeting — October 1, 2013 - Page 1
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CITY ATTORNEY CLOSED SESSION REPORT - None
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — None.
ANNOUNCEMENTS (00:01:43)
"Costa Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATIONS (00:03:42)
• Presentation by Project Cuddle (Debbe Magnusen) — Video presentation and a
Certificate of Recognition by Mayor Righeimer and Council Member Leece. (00:04:06)
PUBLIC COMMENTS (00:14:42)
Cindy Brennaman, Costa Mesa, spoke on the First Friday Road Show; Breast Cancer
Awareness Month; Fire Prevention Week; and 60th Anniversary records release. (00:16:49)
James Proctor, Costa Mesa, spoke on his accident at the beach; and renaming Civic Center
Drive to Alan Roeder Way. (00:19:34)
James Bridges, Costa Mesa, spoke on motels. (00:20:43)
Laura Wells, Costa Mesa, spoke on Stage 4 Metastatic Breast Cancer. (00:21:29)
Perry Valantine, Costa Mesa, spoke on the Mayor and Mayor Pro Tem's lawsuit with the
CMPOA. (00:24:30)
Douglas Morrow, Costa Mesa, spoke against the Mayor and Mayor Pro Tern's lawsuit with the
CMPOA; pay cuts, and police staffing. (00:26:41)
Jeff Arthur, Costa Mesa, provided a Pension Oversight Committee update. (00:29:20)
Beth Refakes, Costa Mesa, spoke on a public eyesore created at the old Klein School property,
as well as a safety hazard; technical difficulties with Costa Mesa TV, and broadcasts being
unavailable to residents. (00:31:09)
Terry Koken, Costa Mesa, spoke against the Mayor and Mayor Pro Tem's lawsuit against the
CMPOA. (00:33:33)
Tamar Goldmann, Costa Mesa, spoke on Police Officer staffing; and no interference policy for
City Council, and employee contracts. (00:35:20)
Minutes — Regular Meeting — October 1, 2013 - Page 2
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:38:33)
Council Member Genis spoke on the Scarecrow Contest and Festival; and the Federal
shutdown. (00:38:40)
Council Member Leece spoke regarding the CMTV problems; COIN Ordinance transparency
effects; Warrant #2491, $50,000 to the Newport condominium association for property damage;
requested an update regarding OCTA and the 405 Freeway; requested reports from the
Pension Committee; supports paying monies to PERS to pay down the unfunded pension
liability, the fire side fund being a priority; churches consortium to solve homeless problem; and
Consent Calendar #12 IT Director salary. (00:39:21)
Council Member Monahan requested a report on the catch and release program regarding
coyotes; and stated he will pull Consent Calendar #12 as he thinks it should be contracted out.
(00:46:00)
Mayor Righeimer stated he will be speaking at Stanford University, with the Hoover
Commission, to discuss pension problems; spoke on helping the homeless with a Costa Mesa
connection; 405 Freeway and Caltrans OCTA toll lanes, and requested a closed session to
address legal action on this issue; police officer recruitment efforts; and employee negotiations.
(00:46:45)
Mayor Pro Tem Mensinger spoke on Newport Mesa Unified School District improvements and
Costa Mesa High School reallocation monies for sidewalks and trees; and Woodbridge
invitational running event. (00:57:54)
REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:00:18)
CEO Thomas Hatch explained the federal shutdown will have an insignificant impact; spoke on
the CMTV upgrade and estimated costs; requested Ernesto Munoz, Public Services Director,
explain the $50,000 payment to Newport condominium in regards to a lawsuit settlement due to
flooding; spoke on scheduling a closed session in regards to the 405 Freeway; committee
updates and employee workloads; IT Director position and salary; SCAG Membership and
receiving a grant of $170,000; release of last minute documents; introduced Keith Clarke who
provided a presentation on the Community Improvement Division and their efforts; provided an
update on Police Officer recruitment and staffing; police reorganization report, and releasing a
statement on the recruitment process. (01:00:23)
Minutes — Regular Meeting — October 1, 2013 - Page 3
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CONSENT CALENDAR (01:42:42)
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 14 except
for Items 1, 3, 4, 5, 11, 12, 13
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
2. READING FOLDER
a. Claims received by the City Clerk: Lee Ramos; and Mercury Insurance/Colton
Jackson.
ACTION: Received and filed
6. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF COSTA MESA
AUTHORIZING ACCEPTANCE OF GRANT AWARDS FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY FOR THE "SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM" AND "SOBRIETY CHECKPOINT GRANT PROGRAM"
ACTION:
1. City Council adopted Resolution which authorizes the CEO or his designee to accept
the grant awards from the California Office of Traffic Safety for: the "Selective Traffic
Enforcement Program" (STEP); and the "Sobriety Checkpoint Grant Program"; and
2. Approved Budget Adjustment No. 14-007 for the total amount of $168,923 to increase
revenue and appropriation for overtime, professional development and equipment
costs associated with the 2013 OTS STEP grant ($74,523) and OTS Sobriety
Checkpoint Grant Program ($94,400).
7. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT
NO. PS11-00458 FOR STREET IMPROVEMENTS AT 274 BROADWAY, COSTA
MESA, CALIFORNIA
ACTION: City Council refunded cash deposit in connection with Encroachment Permit
No. PS11-00458 in the amount of $5,000 to SCEL Properties LLC, 620 Newport Drive,
Newport Beach, California, 92660.
8. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT
NO. PS13-00172 FOR STREET IMPROVEMENTS AT 164 FLOWER STREET, COSTA
MESA, CALIFORNIA
ACTION: City Council refunded cash deposit in connection with Encroachment Permit
No. PS13-00172 in the amount of $13,338.32 to Sam -Costa Mesa LLC, 20201 SW Birch
Street, Suite 100, Newport Beach, California, 92660.
Minutes — Regular Meeting — October 1, 2013 - Page 4
9. ESTABLISHMENT OF THE NEW CLASSIFICATION OF COMMUNITY OUTREACH
WORKER
ACTION: City Council adopted Resolution No. 13-xx, which establishes the new
Community Outreach Worker job classification; and corresponding salary range ($24.41
to $32.71 per hour).
10. SECOND READING OF ORDINANCE TO REPEAL MUNICIPAL CODE SECTION 10-
354
ACTION: City Council gave second reading and adopted Ordinance 13-03 entitled, "An
Ordinance of the City Council of the City of Costa Mesa Repealing Section 10-354 of
Chapter XIX of Title 10 of the Costa Mesa Municipal Code, relating to solicitation of
employment, business or contributions to and from moving vehicles".
14. AMENDMENT TO THE EXISTING AGREEMENT WITH THE COUNTY OF ORANGE
FOR REPROGRAPHIC SERVICES
ACTION: City Council approved the amendment to the reprographic services contract
with Orange County Publishing Services (County of Orange) for offset printing,
reprographics and bindery services in an amount not to exceed $100,000 for each
contract year. The original agreement was for a three (3) year term with two (2) one-year
renewals.
OLD BUSINESS (01:45:08)
1. PUBLIC NUISANCE ABATEMENT ORDINANCE (01:45:13)
Rick Francis, Assistant Chief Executive Officer, explained the process for a citation,
smoking issues; and clarification of large trash bins. (01:46:04)
Grant McNiff, Costa Mesa, Director of a non-profit; Manager/General Partner of Costa
Mesa Village for affordable housing; thanked Mr. Francis for all his good work; and spoke
on the sober living coalition and working with the City to iron out differences. (01:54:28)
Thomas Allen, Costa Mesa, CEO of the Pavmor foundation, spoke in support of the
ordinance; and spoke on working together with the City of Costa Mesa. (02:03:30)
Speaker, Costa Mesa, believes in the good neighbor policy, and supports recovery
homes. (02:06:50)
Madison Clark, Costa Mesa, spoke in support of the ordinance; and stated that recovery
and treatment saved her life. (02:08:17)
Mark Shaeffer, Costa Mesa, stated he is apprehensive of the ordinance due to
neighborhood fears of sober living houses. (02:09:58)
Honey James, Costa Mesa, stated opposition to the ordinance. (02:12:04)
Minutes — Regular Meeting — October 1, 2013 - Page 5
Amanda Knitter, American Lung Association representative, supports the ordinance; and
spoke on second hand smoke. (02:15:28)
Patricia Bintliff, Costa Mesa, Secretary of the Sober Living Network and Community
Outreach Coordinator, stated opposition to the ordinance; spoke on determining
legitimate; and the enforcement process. (02:16:21)
Jeff Christensen, Marina Del Rey, Executive Director of the Sober Living Network, stated
opposition to the ordinance, and provided recommendations. (02:19:31)
Steven Polin, Attorney for the Newport Beach case, spoke regarding the 9'h circuit
Newport Beach case and opposition to the ordinance. (02:22:09)
Discussion ensued regarding a copy of the sober living coalition rules and procedures,
and concerns about arbitrary complaints not based on facts. (02:28:44)
Mayor Righeimer spoke regarding the 17 homes in the coalition; homes that are not good
neighbors; community impacts and the need for the the ordinance, and not
discriminating. (02:31:41)
Council Member Leece stated concern that the ordinance is overly broad in its
application; and the logging of complaints. (02:35:50)
Mr. Francis spoke on the variables that police and code enforcement officers encounter;
the ordinance depicting general issues being faced; and current processes already in
place for years. (02:36:53)
Council Member Genis stated that in June the ordinance had cast a broad net; believes
that now it has been narrowed down, and the process going to the City Council; assured
there is no discrimination; targeting true nuisances, hoarding situations; and will support
the ordinance. (02:38:51)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
Mayor Pro Tem Mensinger stated elected officials go out and meet and talk with the
community; spoke on dealing with problem issues; everybody wants a nice
neighborhood; ordinance has been in place for 10 years and is not arbitrary; community
meeting addressing issues in a friendly manor; trusting staff, and appeals going to City
Council. (02:43:35)
Council Member Leece requested from staff an outline or chart that would give the
recipient clear direction to follow; spoke on good neighbors vs. not good neighbors; and
concerns of senior residents. (02:47:53)
Council Member Genis stated this is a Nuisance Ordinance, and if you have an elderly
neighbor an offer to help would be a nice first step. (02:51:24)
The motion carried unanimously:
Minutes — Regular Meeting — October 1, 2013 - Page 6
ACTION: City Council gave second reading and adopted Ordinance 13-04 entitled, "An
Ordinance of the City Council of the City of Costa Mesa Repealing Chapter I (In General)
and Replacing it with Chapters I (In General), II (Property Maintenance Standards) and III
(Public Nuisance Abatement) of Title 20 (Property Maintenance) of the Costa Mesa
Municipal Code Relating to the Abatement of Public Nuisances.
NEW BUSINESS (02:52:48)
1. PUBLIC NUISANCE ABATEMENT FINE RESOLUTION (02:52:51)
Mr. Francis spoke regarding the Council adopting the violation fines; fines being relative
to an issue, timetable between fines, and current fine structure. (02:52:59)
Mayor Pro Tem Mensinger spoke on City code enforcement, voluntary compliance, fix -it
process, code enforcement discretion, and fine structure. (02:57:19)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
SUBSTITUTE MOTION by Council Member Genis: The first fine violation $100.00, the
second $250.00, the third $500.00, and all others $1,000.00. (03:00:55)
The substitute motion died for lack of a second.
The original motion was carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council
Member Monahan
Noes: Council Member Genis
Motion carried 4-1:
ACTION: City Council adopted Resolution No. 13-xx, regarding public nuisance violation
fines.
ITEMS REMOVED FROM THE CONSENT CALENDAR (03:30:37)
1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE ONLY OF
ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS
THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND
FURTHER READING WAIVED (03:30:39)
Terry Koken, Costa Mesa, stated he is not in favor of reading by title only. (03:03:48)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
ACTION: City Council waived reading of Ordinances and Resolutions.
Minutes — Regular Meeting — October 1, 2013 - Page 7
3. WARRANT RESOLUTION 2491: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-18 "A" AND 13-19 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 13-18 "A" for $6,545.91, Payroll No. 13-19 for $1,983,661.39 and City
operating expenses for $889,429.65. (03:09:28)
Cindy Brennaman, Costa Mesa, spoke regarding the bills for West Coast Arborists.
(03:09:39)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
ACTION: Approved
4. WARRANT RESOLUTION 2492: 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 $907,996.60. (03:09:28)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
ACTION: Approved
5. WEST 19th STREET CORRIDOR PEDESTRIAN IMPROVEMENT PROJECT, FEDERAL
PROJECT NO. HSIPL-5312 (086), CITY PROJECT NO. 13-10 (03:10:40)
Rich Reiser, Costa Mesa, spoke regarding the pedestrian project and regarding the
suggestions he had submitted to the Council. (03:10:57)
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
Discussion ensued regarding LED lights, and width of the crosswalk lines. (03:14:42)
Council Member Leece requested staff write a letter in response to Mr. Reiser's
suggestion.
Council Member Genis spoke regarding drive aprons and segways being banned from
sidewalks. (03:18:06)
The motion carried unanimously:
ACTION:
1. City Council adopted plans, specifications, and working details for the West 19th Street
Corridor Pedestrian Improvement Project, City Project No. 13-10; and
2. Approved Budget Adjustment No. 14-008, in the amount of $87,972; and
Minutes — Regular Meeting — October 1, 2013 - Page 8
3. Awarded a construction contract to Traffic Development Services, Inc., 4215 Tierra
Rejada Road, Moorpark, CA 93021, in the amount of $456,972.00 (base bid only);
and
4. Authorized the Mayor and the City Clerk to execute the Public Works Agreement.
12. INFORMATION TECHNOLOGY: ESTABLISHMENT OF AN INFORMATION
TECHNOLOGY DEPARTMENT AND INFORMATION TECHNOLOGY DIRECTOR
POSITION (03:20:00)
Beth Refakes, Costa Mesa, requested information regarding the salary range, and what it
is based on; and recommended an in-house person who reports to the CEO. (03:20:22)
MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Leece
CEO Hatch spoke regarding the salary range and total impact of salary, benefits and
pension costs to that range. (03:22:29)
The motion was carried by the following roll call vote:
Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council
Member Genis
Noes: Council Member Monahan
ACTION:
1. City Council directed staff to establish an Information Technology Department
including the establishment of a full-time Information Technology Director job
classification; and
2. Adopted Resolution No. 13-xx, which amends Resolution No. 08-59 by establishing
the new Information Technology Director job classification with a salary range of
$10,444 to $13,995 per month.
13. SERVER INFRASTRUCTURE UPGRADE (03:23:57)
Beth Refakes, Costa Mesa, requested clarification on the servers. (03:24:01)
Mr. Francis stated all 70 servers are out of warranty, and fewer servers need to be
purchased as they have higher capacity; and spoke on guarantees and compatibility.
(03:25:24)
MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried unanimously:
ACTION:
1. City Council approved and authorized the CEO to sign the Purchasing Agreement in
the amount of $205,203.24 for the upgrade of the City's server infrastructure with
Abtech Technologies, Inc., 2042 Corte Del Nogal #D, Carlsbad, CA 92011; and
Minutes — Regular Meeting — October 1, 2013 - Page 9
2. Approved Budget Adjustment No. 14-009 to appropriate available fund balance in the
Narcotics Asset Forfeiture Fund ($133,741.54), Proposition 172 Fund ($11,629.70)
and General Fund IT Budget ($59,832.00) in the total amount of $205,203.24 for this
purchase.
REPORT — CITY ATTORNEY - None
ADJOURNMENT — To Regular Meeting, October 15, 2013.
The Mayor adjourned thpfr(eejK at 9:35 p.m.
CITY CLERK
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Minutes — Regular Meeting — October 1, 2013 - Page 10