HomeMy WebLinkAbout07/01/2014 - City Council - Successor Agency - Redevelopment Agency - City Council Special Meeting - Joint Meetings - Housing AuthorityMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY AND SPECIAL JOINT MEETING WITH THE
HOUSING AUTHORITY
July 1, 2014
CALL TO ORDER
The meeting was called to order by the Mayor at 3:30 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
Council Members Absent: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS – None
CLOSED SESSION
The City Council recessed into closed session at 3:36 p.m. to consider the following items.
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organization: Costa Mesa City Employees Association
(CMCEA), pursuant to California Government Code Section 54957.6.
2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency
Negotiator regarding Employee Organization: Costa Mesa Fire Fighters Association (CMFA),
and Costa Mesa Fire Fighters Management Association, pursuant to California Government
Code Section 54957.6.
3. Conference with legal counsel regarding existing litigation: Costa Mesa City 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).
4. Conference with legal counsel regarding existing litigation: Larry and Pamela Olsen v. City of -
Costa Mesa, a municipal corporation, et al., United States District Court—Southern District of
California, San Diego, (Federal Court), Case No. 08-CV-2035-JAH-BLM, pursuant to California
Government Code Section 54956.9(a).
5. Conference with legal counsel regarding existing litigation: Agnieszka Szczerbinska Baltusis
and Victor Baltusis v. City of Costa Mesa, a municipal corporation, et al., Orange County
Superior Court Case No. 30-2012 00607875, pursuant to California Government Code Section
54956.9(a).
The City Council reconvened at 6:01 p.m.
CALL TO ORDER (00:00:14)
Minutes – Regular Meeting/Special Joint Meeting – July 1, 2014 - Page 1
PLEDGE OF ALLEGIANCE (00:00:46) — Council Member Monahan
MOMENT OF SOLEMN EXPRESSION (00:01:23)
Pastor Dave Manne, Calvary Chapel
ROLL CALL
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, Assistant Chief Executive Officer/Administrative
Services Director Tamara Letourneau, Economic and Development Services Director Gary
Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green.
CITY ATTORNEY CLOSED SESSION REPORT — None
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None
ANNOUNCEMENTS (00:02:49)
"Costa Mesa Minute" was played featuring upcoming events and activities in the community.
PRESENTATION - NONE
PUBLIC COMMENTS (00:05:58)
Royellen Duffield, Costa Mesa, spoke regarding animal control officers and urban coyotes.
(00:06:43)
Gay Royer, Costa Mesa, spoke in opposition to discharging fireworks on the 4th of July; spoke on
code enforcement and a neighbor. (00:08:34)
Al Melone, Costa Mesa, spoke regarding the small dog park. (00:11:19)
Beth Refakes, Costa Mesa, congratulated Dane Bora and Brad Long for the awards they
received; spoke regarding fireworks; and the construction work on the 55 freeway. (00:14:45)
John Guesno, Costa Mesa, spoke regarding developments on Whittier Avenue and expressed
traffic concerns due to the Banning Ranch development. (00:16:59)
Greg Tunnel[, Costa Mesa, spoke regarding government leaders and serving the community.
(00:20:04)
Ginger Roberts, Costa Mesa, quoted the Declaration of Independence; and spoke on not
changing the zoning for Rolling Homes Mobile Park. (00:23:09)
Dominick Giambona, Costa Mesa, spoke regarding developments; density; and traffic concerns.
(00:25:02)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 2
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Mrs. Drain, Costa Mesa, requested a forensic audit on the 601h Anniversary event and on an
employee's working hours at the event. (00:27:52)
COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:30:54)
Council Member Monahan - wished everyone a happy safe and sane 4th of July; and spoke
regarding urban coyotes. (00:31:06)
Mayor Righeimer - spoke on Noreen Baume's passing; and wished everyone a happy 4th of July.
(00:32:33)
Council Member Mensinger - wished everyone a happy 4th of July; spoke on his support for
fireworks fundraising; and spoke on urban coyotes. (00:33:11)
Council Member Genis - wished everyone a happy 4th of July; spoke regarding Consent Calendar
item number 8; the dog park; and the 50th Anniversary of the Civil Rights Act. (00:35:01)
Council Member Leece - spoke regarding future development; announced the Great Reach
Community Forum event on July 16th; spoke on the Golden Hub Innovation Award received by the
City; the Kaboom Project at Shalimar Park; fireworks; the Senior Center lunch event; Consent
Calendar Number 7 and 13; attorney fees; having a Study Session for a Medical Marijuana
Ordinance; Medical Marijuana initiatives; and an Ordinance for sober living homes for the City of
Costa Mesa. (00:39:02)
Council Member Monahan spoke on sober living homes; and two Medical Marijuana petitions
being circulated. (00:49:30)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (00:53:03)
CEO Thomas Hatch spoke regarding conceptual designs for the print shop; engineering support
services from Civil Source, Inc.; spoke on issues related to fireworks and urban coyotes; the
Golden Hub Award and the Star Awards and provided an Orange County Fair update.
CONSENT CALENDAR (01:07:48)
MOTION: Approved recommended actions for Consent Calendar Items Nos. 1-14.
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
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.
Nays: None
Absent: None
Abstain: Mayor Pro Tem Mensinger and Mayor Righeimer (on Consent Calendar Item No. 4
Motion carried: 5-0 (items 1-14, excluding No. 4)
Motion carried: 3-0-2 (on Consent Calendar Item No. 4)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 3
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
ACTION:
City Council waived reading in full of Ordinances and Resolutions and approval and
adoption of same by reading title only.
2. READING FOLDER
a. Claims received by the City Clerk: Cecilia DeCrona; Jesus Garcia; Henry Lloyd/Mid-
Century Insurance Company; and Roberto Garcia.
ACTION: City Council received and filed.
3. WARRANT RESOLUTION 2518: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-12 "A", 14-13 AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding
Payroll No. 14-12 "A" for $368.77, Payroll No. 14-13 for $2,028,981.98, and City
operating expenses for $2,245,293.12.
ACTION: City Council approved Warrant Resolution No. 2518, to be read by title only and
further reading waived.
-4. SALARY RESOLUTIONS FOR CLASSIFICATION REPRESENTED BY THE COSTA
MESA POLICE ASSOCIATION (CMPA) AND COSTA MESA POLICE MANAGEMENT
ASSOCIATION (CMPMA)
ACTION:
1. City Council adopted Resolution No. 14-43, to be read by title only and waived further
reading, which implements salary range adjustments for job classifications represented
by the CMPA; and
2. Adopted Resolution No. 14-44, to be read by title only and waived further reading, which
implements salary range adjustments for job classifications represented by the
CMPMA.
5. PUBLIC SAFETY SOFTWARE LICENSE AND SERVICES AGREEMENT
ACTION:
City Council authorized the City CEO to sign the Purchase Requisition in the amount of
$127,334 for the renewal of software maintenance and services agreement with SunGard
Public Sector Inc., 1000 Business Center Drive, Lake Mary, FL 32725-5585.
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 4
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6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE RECORDS
BUREAU OF THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT
TO ORDINANCE NO. 75-60
ACTION:
City Council adopted Resolution No. 14-45, to be read by title only and waived further
reading.
7. PROFESSIONAL ENGINEERING SERVICES TO PROVIDE AS -NEEDED STAFF
SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS
ACTION:
1. City Council approved Contract Change Order No. 1 to the Professional Services
Agreement with Civil Source, Inc., 9890 Irvine Center Drive, Irvine, California 92618, in
the amount of $600,000.00 to secure additional services on an as -needed basis, for
Project/Construction Management and Public Works Inspection for various Council -
approved Capital Improvement Program (CIP) projects; and
2. Authorized the Chief Executive Officer to execute the Contract Change Order.
8. PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF ARLINGTON
DRIVE BIOSWALE AND DRY WEATHER DIVERSION PROJECT
ACTION:
City Council awarded a contract to KABBARA Engineering, 121 North Harwood Street,
Orange, CA 92866, in an amount not to exceed $208,863.00 for design services, and
authorized the Mayor and the City Clerk to execute the Professional Services Agreement.
9. SUNFLOWER AVENUE AT ANTON BOULEVARD TRAFFIC SIGNAL MODIFICATION,
FEDERAL PROJECT No. HSIPL-5312 (085), CITY PROJECT NO. 13-13
ACTION:
1. City Council adopted plans, specifications, and working details for the Sunflower
Avenue at Anton Boulevard Traffic Signal Modification, Federal Project No. HSIPL-5312
(085), City Project No. 13-13; and
2. Awarded a construction contract to PTM General Engineering Services, Inc., 5942
Acorn Street, Riverside, CA 92504, in the amount of $238,823.00; and
3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement.
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 5
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10. MAINTENANCE AGREEMENTS FOR SR -55 GATEWAY IMPROVEMENT PROJECT
ACTION:
1. City Council approved the Agreement for Maintenance of the proposed Gateway
Monument Sign and a Landscape Maintenance Agreement between the City of Costa
Mesa and the State of California Department of Transportation (Caltrans) for the SR -55
Gateway Improvement Project; and
2. Authorized the Public Services Director to work with Caltrans to make minor
adjustments to the agreements; and
3. Authorized the Mayor and the City Clerk to execute the final agreements.
11. HARBOR BOULEVARD/ADAMS AVENUE IMPROVEMENT PROJECT — CONTRACT
CHANGE ORDER
ACTION:
1. City Council approved Contract Change Order (CCO) in the amount of $478,000 for the
Harbor Boulevard/Adams Avenue Improvement Project, City Project No. 13-09; and
2. Approved Budget Adjustment — BA No. 14-030 in the amount of $100,000; and
3. Authorized the Chief Executive Officer to execute the CCO.
12. MINUTES
ACTION:
City Council approved the minutes of the Regular Meeting of the City Council and
Successor Agency of February 4, 2014; Regular Meeting of the City Council and
Successor Agency/Special Housing Authority Meeting of February 18, 2014; Regular
Meeting of the City Council and Successor Agency of March 4, 2014; Regular Study
Session of May 13, 2014; and Regular Meeting of the City Council and Successor
Agency/Special Joint Housing Authority Meeting of May 20, 2014.
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 6
13. ONE-YEAR EXTENSION OF ARCHITECTURAL SERVICES CONTRACT FOR COUNCIL
CHAMBERS CONSTRUCTION RELATED TO AUDIOVISUAL EQUIPMENT AND
BROADCAST SYSTEM UPGRADES
ACTION:
City Council approved the professional services agreement that replaces the expired
Dougherty + Dougherty contract for architectural services related to the upgrades in
the City's audio/visual and broadcasting equipment in the Council Chambers; and
2. Authorized the CEO to increase the scope of the professional services agreement to
include design work associated with the conversion of the print shop to a community
meeting room and approved a contingency amount of $20,000 for potential unforeseen
expenditures.
14. COOPERATION AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE
COSTA MESA HOUSING AUTHORITY FOR AN ADVANCE AND LOAN OF FUNDS BY
THE CITY TO THE AUTHORITY RELATING TO CIVIC CENTER BARRIO HOUSING
CORPORATION PROJECTS LOCATED AT 707, 711 W. 18TH ST., 745 W. 18TH ST., 717,
721 JAMES ST. AND 734, 740, 744 JAMES ST.; AUTHORIZE APPROPRIATION FROM
THE CITY'S GENERAL FUND FOR SUCH LOAN
City Council adopted Joint City Council/Authority Resolution No. 14-46, to be read by title
only and waived further reading, approving a Cooperative Agreement, with attached Loan
Agreement, between the City and the Authority and Authorizing the City's Appropriation of
Funds to Pay the First Lien Balances from the General Fund Relating to Civic Center Barrio
Housing Corporation Projects located at 707, 711 W. 18th St., 745 W. 18th St., 717, 721
James St. and 734, 740, 744 James Street.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) — None
OLD BUSINESS — None
NEW BUSINESS (01:07:48)
1. RENEWAL OF THE USER AGREEMENT WITH THE HARBOR SOARING SOCIETY
(01:07:52)
Staff report provided by Ernesto Munoz, Public Services Director. (01:08:00)
Council Member Genis spoke on sound problems; permits; and non -licensed flyers.
(01:10:00)
Discussion ensued regarding addressing non -licensed flyers and enforcement; the process
of obtaining a permit; long term improvement projects at Fairview Park; permit fees for
residents and non-residents; the hours of operations; drones; membership in the Harbor
Soaring Society and enforcement. (01:12:45)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 7
Public Comments:
Terry Koken, Costa Mesa, spoke in favor of approving the extension of the agreement.
(01:22:10)
Henry Smith, Harbor Soaring Society, Vice President, spoke regarding noisy aircrafts and
enforcement; the two different groups that fly; maintaining the field; shade shelters; and
thanked the City. (01:22:46)
Karl Ahlf, Costa Mesa, supports the agreement. (01:25:45)
Discussion continued regarding noise concerns; and hours of operation. (01:27:00)
Mr. Smith indicated that hours can be changed by a revision to the agreement and through
park rules. (01:33:16)
Council Member Leece spoke regarding kiosk maintenance. (01:34:28)
Council Member Genis spoke regarding rule violators. (01:35:15)
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan
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.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the User Agreement with the Harbor Soaring Society, and extension
of the agreement for the use of a portion of Fairview Park for a five (5) year term, including
changing the starting hour to 7:00 a.m. and directing staff to bring back revised rules and
procedures within twelve months including new fees for residents and non-residents.
2. ATHLETIC FIELD USE AND ALLOCATION POLICY INFORMATION AND
RECOMMENDATIONS (01:37:48)
Staff report provided by Lisa McPherson, Parks and Recreation Supervisor. (01:37:54)
Discussion ensued regarding the Banner Policy; the approval process of portable lights;
AYSO light donation; and allocation of lights. (01:41:35)
Mayor Pro Tem Mensinger spoke on banner complaints and suggested the Parks and
Recreation Department issue a sticker for approved banners indicating a date of removal.
(01:45:10)
Discussion ensued regarding residency status; groups that pay Executive and/or
Administrative staff; a letter from Matt Leinert Flag Football requesting Provisional Group 3
status for one year; and field reservations for Group 1 users. (01:47:15)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 8
MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Genis
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.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council approved the amended Athletic Field Use and Allocation Policy, including Matt
Leinart Flag Football receiving special status for one year; and directed the CEO to analyze
the allocation process within one year, and including Administrative staff in addition to
Executive staff for groups that compensate staff.
The City Council recessed into a break at 8:08 p.m. (02:06:28)
The City Council reconvened at 8:18 p.m. (02:16:30)
3. COUNCIL AUTHORIZATION FOR THE IMPLEMENTATION OF SECURITY CAMERA
SYSTEMS AT VARIOUS LOCATIONS INCLUDING THE CITY CORPORATION YARD
FACILITY, KEY ACCESS POINTS ALONG THE JOANNE BIKE TRAIL, THE EXTERIOR
AREA SURROUNDING THE SENIOR CENTER, THE VOLCOM SKATE PARK, AND
VARIOUS LOCATIONS IN FAIRVIEW PARK STREET (02:16:38)
Staff report provided by Dan Baker, Management Analyst. (02:17:00)
Discussion ensued regarding access to video feed; location of cameras at Fairview Park;
and coordination with the Police Department. (02:21:15)
CEO Hatch spoke on exploring the sites for cameras; monitoring of cameras; and creating
a policy. (02:24:00)
Council Member Leece expressed support to include the model engineer's facility and train
locations. (02:28:06)
Discussion continued on coordination with the Police Department on prioritizing locations
where cameras need to be placed; and preventing vandalism to cameras. (02:29:22)
Public Comments:
Nacy Perlin, Costa Mesa, spoke on illegal activity at the Joann Street Bike Trail. (02:32:36)
Tim Lewis, Costa Mesa, spoke on the availability of tapes through Public Records
Requests; and indicated support if cameras are monitored appropriately. (02:34:26)
Greg Tunnell, Costa Mesa, stated that the Police Department is understaffed and that is
where the focus should be. (02:35:32)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 9
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Robin Leffler, Costa Mesa, stated opposition to utilizing cameras during the day; and
supports monitoring by the Police Department. (02:38:36)
Taoward Lee, Costa Mesa, supports the idea of having cameras. (02:40:17)
Beth Refakes, Costa Mesa, supports cameras at the corporation yard but is opposed to
cameras on Joanne Street Bike Trail and Fairview Park due to privacy concerns; and
spoke on monitoring and retention of tapes. (02:42:22)
Mary S., Costa Mesa, spoke regarding non -operational cameras; and spoke on the
availability and monitoring of the recordings. (02:45:27)
Greg Ridge, Costa Mesa, stated opposition to cameras in public areas; but is in support of
cameras at the corporation yard. (02:47:26)
Karl Ahlf, Costa Mesa, spoke in support of cameras. (02:49:58)
Mayor Righeimer spoke on policies and protocols for cameras; and would like to look at
best practices in other cities. (02:51:22)
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (02:53:00)
Council Member Leece spoke on not supporting the item due to the issue not being fully
analyzed by the Police Department; supports security officers at the Senior Center; and an
alarm at the corporation yard. (02:53:08)
Discussion ensued on having the item be brought back to the City Council; including
policies and procedures; incorporating input from the Police Department; and addressing
activities on the Joann Street Bike Trail. (02:55:53)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 10
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MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and
Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
1. City Council authorized staff to proceed with the bid process for security camera
systems for the following facilities/areas:
1. City Corporation yard facility at 2300 Placentia; and
2. Locations along the Joanne Bike trail to provide enhanced security for pedestrian
users and monitoring of graffiti activity; and
3. Costa Mesa Senior Center to provide enhanced security for users of the facility.
Cameras will be installed on the exterior only; and
4. Volcom skate park to provide enhanced security; and
5. Strategic locations in and around Fairview Park; and
2. Directed staff to bring back for Council consideration policies and procedures
documents.
4. FIRST READING OF ORDINANCE REPEALING AND REPLACING COSTA MESA
MUNICIPAL CODE SECTION 11-15 RELATING TO REWARDS FOR INFORMATION
LEADING TO THE ARREST AND CONVICTION OF PERSONS VANDALIZING
PROPERTY (03:01:01)
Public Comments:
Tim Lewis, Costa Mesa, spoke in opposition to giving rewards for doing the right thing.
(03:02:45)
Cindy Black, Costa Mesa, inquired if this Ordinance would also apply to public officials.
(03:04:49)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 11
MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger
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.
Nays: None
Absent: None
Motion carried: 5-0
ACTION:
City Council introduced for first reading, Ordinance No. 14-08, to be read by title only and
waived further reading, regarding rewards for information leading to the apprehension of
individuals who vandalize property.
5. FIRST READING OF THE ORDINANCE AMENDING SECTION 2-61 RELATING TO
CONDUCT WHILE ADDRESSING THE CITY COUNCIL AND ADDING SECTION 2-87
(SEVERABILITY) (03:05:59)
Staff report provided by Elena Gerli, Deputy City Attorney. (03:07:33)
Discussion ensued on removing b(3), b(8) from Section 2-61; Section 2-61 b(2); the review
from ACLU; and having general guidelines.
Council Member Genis spoke on Section 2-61 b(7) and b(8); and freedom of speech.
(03:30:00)
Public Comments:
Perry Valantine, Costa Mesa, supports removing b(3) and b(8) from Section 2-61; and
expressed concern with Section 2-61 b(7). (03:35:58)
John Stephens, Costa Mesa, recommended changing the word "disorderly" to "disruptive
behavior"; and expressed concern with Section 2-61 b(1) through b(11). (03:37:39)
Flo Martin, Costa Mesa, recommended removing Section b. (03:40:45)
Beth Refakes, Costa Mesa, recommended changing "disorderly" to "disruptive"; and
expressed concern with Section 2-61 b(8). (03:43:38)
Greg Tunnell, Costa Mesa, opposed to the Ordinance. (03:46:44)
Laurene Keane, Costa Mesa, spoke on encouraging public speaking. (03:49:36)
Chris McEvoy, Costa Mesa, spoke on speaker cards; and freedom of speech. (03:52:42)
Gay Royer, Costa Mesa, spoke regarding freedom of speech and is opposed to the
Ordinance. (03:54:49)
Terry Koken, Costa Mesa, expressed opposition to the Ordinance; and spoke on Section 2-
61 b(8). (03:57:52)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 12
Harold Weitzberg, Costa Mesa, spoke on public participation and engagement at Council
meetings; suggested removing all items except for Section 2-61 b(1), b(10) and b(11).
(03:59:11)
Sheila Pfafflin, Costa Mesa, expressed opposition to Section 2-61 b(8) and b(7); and
suggested the examples should be removed from Section 2-61 b. (04:01:54)
Bonnie Copeland, Costa Mesa, expressed concerns with the Ordinance in regards to
constitutionality and ADA rights. (04:03:24)
Charles Mooney, Costa Mesa, inquired as to what constitutes disruption. (04:06:29)
Jay Humphrey, Costa Mesa, spoke on the lack of definition of the word "disruption";
recommended removing all of Section b; and spoke on violation of constitutional rights.
(04:08:05)
Taoward Lee, Costa Mesa, spoke on the Acosta law suit; and preventing lawsuits.
(04:10:05)
Greg Ridge, Costa Mesa, spoke regarding being insolent; and public comments at
meetings. (04:12:43)
Karl Ahlf, Costa Mesa, spoke regarding free speech rights. (04:15:25)
Chuck Perry, Costa Mesa, spoke on understanding rules and regulations; and people
making disparaging remarks to the Council. (04:17:49)
Mary S., Costa Mesa, expressed support for first amendment rights; and spoke on
Assembly Bill 194. (04:19:14)
Robin Leffler, Costa Mesa, expressed opposition and spoke on Section 2-61 b(5), b(8),
b(9), b(3); and Section 2-61 c(1). (04:21:41)
Tamar Goldmann, Costa Mesa, spoke in opposition to Section 2-61 b(5), b(8), and b(10).
(04:24:32)
Mike Bargas, Costa Mesa, expressed support for the Council; and indicated that being
respectful is important. (04:27:38)
Discussion ensued on the distinction between using the word "disorderly" or "disruptive";
removing Section 2-61 b(3) and b(8). (04:30:05)
Council Member Genis indicated that she would like to keep Section 2-61 b(1), b(4), b(10);
and spoke on AB 194. (04:35:54)
Discussion ensued on Section 2-61 b(11) and b(10). (04:41:40)
Council Member Leece indicated that she does not support words used in the Ordinance;
and spoke on the use of enforcement. (04:43:55)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 13
Deputy City Attorney Gerli spoke on the language based on the 9th Circuit case and the
reasoning for including enforcement guidelines. (04:49:26)
Council Member Genis recommended removing item Section 2-61 b(2); and expressed
concern with Section 2-61 b(7). (05:03:05)
Mayor Righeimer indicated that he supports Section 2-61 b(7). (05:03:53)
MOVED/SECOND: Mayor Pro Tem Mensinger/Mayor Righeimer (05:09:00)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and
Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
ACTION:
City Council introduced for first reading, Ordinance No. 14-09, to be read by title only and
waived further reading, regarding conduct while addressing the City Council; and adding a
severability clause, and removing from the proposed Ordinance Section 2-61 b(2), b(3),
b(8) and combining Sections 2-61 b(10) and b(11).
The City Council recessed into a break at 11:11 p.m. (05:10:00)
The City Council reconvened at 11:24 p.m. (05:22:50)
6. CITY COUNCIL CONSIDER PROPOSED CHARTER FOR PLACEMENT ON THE
BALLOT FOR THE NOVEMBER 4, 2014 STATEWIDE GENERAL ELECTION (05:22:23)
Staff report provided by Yolanda Summerhill, Deputy City Attorney. (05:24:30)
Public Comments:
Harold Weitzberg, Costa Mesa, spoke in opposition to the Charter; indicated that mailings
should not have editorial; spoke on having two opposing opinions on the frequently asked
questions; and the opportunity to submit questions on the Charter. (05:31:03)
Ron Amburgey, Costa Mesa, spoke in support of the Charter. (05:34:51)
Gene Hutchins, Costa Mesa, spoke in support of the Charter; and spoke on pension
increases. (05:36:38)
Tom Pollitt, Costa Mesa, spoke in support of the Charter. (05:39:04)
Ron Simpson, Costa Mesa, spoke in opposition to Charter. (05:42:32)
Richard Mehren, Costa Mesa, spoke in support of the Charter. (05:44:17)
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 14
Sheila Pfafflin, Costa Mesa, spoke in opposition to the Charter. (05:45:26)
John Hill, Costa Mesa, spoke in support of the Charter. (05:47:53)
Charles Mooney, Costa Mesa, spoke on prevailing wages; and unfunded pension liabilities.
(05:51:29)
Rita Simpson, Costa Mesa, spoke in support of the Charter. (05:53:43)
Tamar Goldmann, Costa Mesa, spoke in opposition to the Charter. (05:55:43)
Jay Humphrey, Costa Mesa, spoke on the ballot description, and public hearings for the
Charter. (05:58:51)
Greg Thunnell, Costa Mesa, spoke in opposition to the Charter. (06:02:05)
Robin Leffler, Costa Mesa, spoke in opposition to the Charter. (06:05:18)
MOTION: Continue the meeting past midnight (06:08:38)
MOVED/SECOND: Council Member Leece/Mayor Pro Tem Mensinger
The motion to continue the meeting past midnight carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor
Pro Tem Mensinger, and Mayor Righeimer.
Nays: None
Absent: None
Motion carried: 5-0
Terry Koken, Costa Mesa, spoke in opposition to the Charter and sang a song. (06:08:48)
MOVED/SECOND: Mayor Righeimer/Mayor Pro Tem Mensinger (06:11:05)
Mayor Righeimer thanked the Charter Committee; and spoke on the Charter process.
(06:13:00)
Council Member Genis stated she will not be supporting the motion. (06:16:27)
Council Member Leece stated she will not be supporting the motion. (06:19:38)
Mayor Pro Tem Mensinger thanked the Charter Committee for their work; and spoke in
support of the Charter. (06:20:28)
MOVED/SECOND: Mayor Righeimer/Mayor Pro Tem Mensinger
The motion carried by the following roll call vote: (06:23:20)
Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer.
Nays: Council Member Genis and Council Member Leece
Absent: None
Motion carried: 3-2
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 15
1
ACTION:
1. City Council adopted Resolution No. 14-40, including the following proposed changes to
the Charter document and including the changes to the ballot description and summary:
A. Section 700 — Public Contracting (include the word "shall');
B. Section 304 - Compensation;
C. Section 306 - Include commissioners and committee members as well as council
members;
D. Add Provision regarding Elected Officer Qualifications to follow general law;
E. Add Procedure for adopting Ordinances to follow general law:
A. Resolution No. 14 — 40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA PROPOSING A MEASURE FOR SUBMISSION
TO THE VOTERS OF THE QUESTION WHETHER THE CITY OF COSTA MESA
SHALL ESTABLISH HOME RULE BY ADOPTING THE PROPOSED CHARTER AS
APPROVED BY THE CITY COUNCIL, ADDING THE MEASURE . TO THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 AS
CALLED BY RESOLUTION NO. 14-26, AND REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE ESTABLISHED
.IN SECTION 10403 OF THE ELECTIONS CODE
MOVED/SECOND: Mayor Righeimer/Council Member Monahan (06:23:40)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and
Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
City Council adopted Resolution No. 14-41:
B. Resolution No. 14 — 41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENT(S) REGARDING A CITY MEASURE CONCERNING THE ADOPTION
OF A PROPOSED CITY CHARTER AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 16
MOVED/SECOND: Mayor Righeimer/Council Member Monahan (06:24:10)
The motion carried by the following roll call vote:
Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and
Mayor Righeimer.
Nays: Council Member Leece
Absent: None
Motion carried: 4-1
City Council adopted Resolution No. 14-42:
C. Resolution No. 14 — 42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURE CONCERNING THE ADOPTION OF A
PROPOSED CITY CHARTER SUBMITTED AT THE GENERAL MUNICIPAL
ELECTION ON NOVEMBER 4, 2014
City Council provided direction to distribute four mailers. (06:24:30)
ITEMS REMOVED FROM THE CONSENT CALENDAR — None
CONTINUTED PUBLIC COMMENTS (06:25:23)
Cindy Black, Costa Mesa, spoke regarding campaign donations. (06:25:55)
Jay Humphrey, Costa Mesa, wished everyone a Happy 4th of July. (06:29:12)
Robin Leffler, Costa Mesa, spoke regarding the selection of Charter Committee Members; and on
the unfunded pension liability. (06:29:42)
COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - None
REPORT — CITY ATTORNEY - None
ADJOURNMENT- Th a elar
City Council adjourned the meeting in Memory of Noreen
Baume at 12:34 a. eeting July 15st, 2014 at 5:00 p.m.
CITY CLERK-
Minutes — Regular Meeting/Special Joint Meeting — July 1, 2014 - Page 17