HomeMy WebLinkAbout12/02/2014 - City Council - Successor Agency - Redevelopment AgencyMINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
December 2, 2014
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
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 Legal Counsel regarding existing litigation: Solid Landings Behavioral
Health, Inc.; and Sure Haven, Inc. in its own name and dba Rock Solid Recovery; FPS,
LLC: Stephen Fennelly; and Elizabeth Perry v. City of Costa Mesa, District Court for
the Central District of California, Case No. 8:14-cv-01838-JVS-JCG, pursuant to
California Government Code Section 54956.9(d)(2).
2. Conference with Legal Counsel regarding existing litigation: Yellowstone Women's
First Step House, Inc., and Sober Living Network, Inc., v. City of Costa Mesa, District
Court for the Central District of California, Case No. 8:14-cv-01852, pursuant to
California Government Code Section 54956.9(d)(2).
3. Conference with Legal Counsel regarding existing litigation: Timothy Dadey, et al. v.
City of Costa Mesa, Superior Court of California, County of Orange, Case No. 30-
2014-00757962-CU-CR-CJC, pursuant to California Government Code Section
54956.9(d)(2).
The City Council reconvened at 6:00 p.m.
CALL TO ORDER (00:00:36)
PLEDGE OF ALLEGIANCE (00:00:38) — Led by Council Member Leece
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MOMENT OF SOLEMN EXPRESSION (00:01:16)
Mike Decker, Palm Harvest Church
ROLL CALL (00:03:37)
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, 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.
CLOSED SESSION REPORT — (00:03:58)
• COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) —
None
ANNOUNCEMENTS (00:04:01)
"Costa Mesa Minute" was played featuring upcoming events and activities in the
community.
PUBLIC COMMENTS (00:06:37)
Robin Leffler, Costa Mesa, congratulated Katrina Foley; and spoke on the coat drive.
(00:07:41)
Sue Lester, Costa Mesa, thanked Council Member Leece for service to the community;
thanked Police Chief Gazsi for service; mentioned a Costa Mesa Park Ranger that is
overseas in Afghanistan; and asked for care packages to be sent and welcomed Katrina
Foley back to Council. (00:10:35)
Cindy Brenneman, Costa Mesa, thanked Jay Humphrey; thanked Council Member Leece;
congratulated Katrina Foley on her win; and expressed sadness for losing Police Chief
Gazsi and congratulated Captain Sharpneck on interim promotion. (00:13:15)
James H. Bridges, Costa Mesa, congratulated Katrina Foley, spoke on the coat drive; and
read excerpts from the article in the OC Register newspaper. (00:15:13)
Cynthia McDonald, 'Costa Mesa, thanked Council Member Leece for her contributions to
the community; spoke on civility; and spoke on the coat drive. (00:17:43)
Minutes — Regular Meeting — December 2, 2014 - Page 2
Perry Valantine, Costa Mesa, thanked Wendy Leece; welcomed back Katrina Foley,
thanked Police Chief Gazsi; and spoke on the coat drive. (00:20:45)
Phil Morello, Costa Mesa, thanked Council Member Leece for service; congratulated
Katrina Foley and Jim Righeimer as winners; and thanked Police Chief Gazsi. (00:22:49)
Barrie Fisher, Costa Mesa, thanked Council Member Leece for service; discussed sober
living homes; and spoke about the Serenity Shores House website. (00:24:09)
Susan Meyer, Costa Mesa, thanked Police Chief Gazsi; spoke on compassion; and spoke
on the coat drive. (00:27:14)
Mary Spadoni, Costa Mesa, thanked Police Chief Gazsi's; and spoke on creating a "We
Love Costa Mesa" Facebook site. (00:29:56)
Jay Humphrey, Costa Mesa, thanked Council Member Leece for service; expressed
sadness for Police Chief Gazsi's departure; and spoke on the coat drive. (00:32:56)
Laurene Keene, Costa Mesa, thanked Council Member Leece for service; discussed
sober living homes; requested more residents be involved with the community and spoke
on the coat drive. (00:36:10)
Tamar Goldmann, Costa Mesa, discussed selection of Police candidates; saddened by
Police Chief Gazsi's departure; and spoke on the coat drive. (00:38:47)
Anna Vrska, Costa Mesa, thanked Council Member Leece, Katrina Foley and Police Chief
Gazsi; and discussed non-profit organizations. (00:41:52)
Ann Parker, Costa Mesa, expressed sadness by Police Chief Gazsi and Council Member
Leece's departure; and discussed sober living homes. (00:44:22)
Bill Harader, Costa Mesa, complimented Council Member Leece on eight years of diligent
service; acknowledged Katrina Foley's victory; and spoke on the coat drive. (00:47:32)
Tom Pollitt, Costa Mesa, thanked Council Member Leece and Police Chief Gazsi for
service with the City; and spoke on Council Members lawsuit against the Police
Association. (00:50:42)
COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:53:15)
Council Member Genis spoke on the Election and that there needs to be more
collaboration between Council Members; requested a goal setting session; thanked
Council Member Leece and wished Police Chief Gazsi well. (00:53:19)
Council Member Leece discussed the coat drive; thanked Police Chief Gazsi for his work
with the City of Costa Mesa; and spoke on dropping the lawsuit between the Mayor and
Mayor Pro Tem and the Police Association. (00:58:45)
Minutes — Regular Meeting — December 2, 2014 - Page 3
Council Member Monahan thanked Police Chief Gazsi; thanked Council Member Leece;
welcomed Katrina Foley back; and congratulated Mr. Righeimer; and thanked families for
being in attendance. (01:01:42)
Mayor Righeimer thanked Council Member Leece for service; discussed the lawsuit
against the Police Association; recognized Police Chief Gazsi for his service and
contributions to the City, and presented him a proclamation. (01:03:44)
Police Chief Gazsi expressed his gratitude to the City, and spoke on the Police
Department. (01:12:47)
Mayor Pro Tem Mensinger thanked the candidates that participated in the election,
congratulated Foley on win; thanked Council Member Leece and Police Chief Gazsi for
their service with the City; spoke on public comments; and spoke on the lawsuit with the
Police Association. (01:15:43)
REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:20:27)
CEO Hatch thanked Police Chief Gazsi and Council Member Leece for service with the
City; advised that there will be an Adjourned Council Meeting to discuss the Medical
Marijuana issue; discussed the Sober Living Home Ordinance; and invited the public to
attend the reception to be held after the meeting.
1. GENERAL MUNICIPAL ELECTION (01:24:04)
Brenda Green, City Clerk, reported on the General Municipal Election held on November
4, 2014. (01:24:08)
Public Comments:
Gene Hutchins, Costa Mesa, thanked Council Member Leece for service; recognized
Mayor Righeimer and Katrina Foley on win; and expressed disappointment Measure O did
not pass. (01:26:09)
Jay Humphrey, Costa Mesa, congratulated Katrina Foley and Mayor Righeimer on win;
and spoke on everyone working together. (01:28:16)
James H. Bridges, Costa Mesa, recognized Council Member Leece for service with the
City. (01:30:05)
Eleanor Egan, Costa Mesa, thanked Council Member Leece and Police Chief Gazsi for
their service with the City; and congratulated Katrina Foley on win. (01:32:34)
Jaime MacLeod, Costa Mesa, thanked Council Member Leece; and congratulated Katrina
Foley on win. (01:34:36)
Minutes — Regular Meeting — December 2, 2014 - Page 4
Mother Nature's Daughter, Costa Mesa, spoke on City politics; thanked Council Member
Leece; and spoke on nature preservation. (01:35:16)
Tom Egan, Costa Mesa, congratulated Katrina Foley and Mayor Righeimer on win; and
thanked Wendy Leece for service with the City; and spoke on coat drive. (01:38:01)
Greg Ridge, Costa Mesa, discussed Measure P; thanked Council Member Leece for
service with the City; and congratulated Mayor Righeimer and Katrina Foley on victory.
(01:39:25)
Flo Martin, Costa Mesa, thanked Council Member Leece for service with the City; and
congratulated Katrina Foley on win. (01:41:54)
Susan Meyer, Costa Mesa, honored Council Member Leece for service with a plaque; and
welcomed Katrina Foley to the City Council. (01:44:53)
MOVED/SECOND: Council Member Monahan/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, Mayor Righeimer.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
1. City Council Adopted Resolution No. 14-78, to be read by title only and further
reading waived: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA CALIFORNIA, RECITING THE FACTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014; DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
Recognition of Council Member Wendy Leece (01:47:46)
Mayor Righeimer read proclamation recognizing Council Member Leece's service with the
City on behalf of the residents of Costa Mesa. (01:48:06)
Council Member Leece thanked everyone for their kind words; thanked God for the
courage to continue to service the community for eight years; thanked family members;
thanked City staff; and expressed appreciation for the Police and Fire Department.
(01:50:21)
Tom Hatch, Chief Executive Officer, presented Council Member Leece with a plaque.
(02:01:08)
Minutes — Regular Meeting — December 2, 2014 - Page 5
Kelly Shelton, Executive Assistant, presented Council Member Leece with a memory book
thanking her for her service with the City. (02:02:12)
Helen Fried, Orange County Public Libraries, honored Council Member Leece for serving
as a member of the Library Advisory Board. (02:03:36)
Hank Lloyd, Costa Mesa Tennis Center, provided Council Member Leece with a tennis
racket as the key to the Tennis Center and thanked her for her assistance with after
school programs. (02:04:53)
Mike Hearst, Orange County Vector Control, thanked Council Member Leece for service
on the Vector Control. (02:06:10)
Nadia Flores, Think Together, presented Council Member Leece with a plant thanking her
for her advocacy. (02:07:16)
John Moorlach, Supervisor, thanked Council Member Leece. (02:08:55)
Robin Leffler, Costa Mesan's for Responsible Government, thanked Council Member
Leece. (02:12:38)
2. City Clerk administered the Oath of Office to the newly -elected City Council Members:
Katrina Foley and James M. Righeimer. (02:18:06)
Council Member Katrina Foley thanked all those that helped her during the Election;
thanked Council Member Leece for service with the City; thanked family members; and
discussed role as a Council Member. (02:20:07)
Council Member Righeimer thanked everyone in attendance; thanked family for their
support; and thanked fellow Council Members. (02:34:17)
3. City Council Reorganization by election of Mayor and Mayor Pro Tem. (02:42:47)
Public Comments:
Gene Hutchins, Costa Mesa, spoke in support of James Righeimer or Stephen Mensinger
for Mayor. (02:43:15)
Jim Fitzpatrick, Costa Mesa, thanked Council Member Leece for eight years of service;
thanked Police Chief Gazsi; congratulated Council Member Foley and Mayor Righeimer
for win; and supports Stephen Mensinger as Mayor. (02:45:14)
Colin McCarthy, Costa Mesa, expressed that the Mayor is an important role in the City;
and recommended seeing a unanimous vote that the Mayor Pro Tem Mensinger become
Mayor. (02:47:09)
Minutes — Regular Meeting — December 2, 2014 - Page 6
MOTION:
Council Member Genis nominated Katrina Foley for Mayor. (02:48:38)
Motion died for lack of a second.
MOTION:
Council Member Monahan nominated Mayor Pro Tem Mensinger for Mayor. Seconded by
Mayor Righeimer. (02:51:40)
MOVED/SECOND: Council Member Monahan/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Council Member Mensinger, Council Member Righeimer.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
Nominations for Mayor were closed.
MOVED/SECOND: Council Member Monahan/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Council Member Mensinger, Council Member Righeimer.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
City Council elected Stephen M. Mensinger as Mayor.
Mayor Pro Tem Mensinger thanked everyone for their support; and thanked Mayor
Righeimer for all his work. (02:53:09)
MOTION:
Council Member Monahan nominated Council Member Righeimer as Mayor Pro Tem.
Seconded by Mayor Mensinger. (03:00:02)
MOTION: Council Member Foley nominated Council Member Genis as Mayor Pro Tem
Motion died for lack of a second. (03:00:18)
Minutes — Regular Meeting — December 2, 2014 - Page 7
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MOVED/SECOND: Council Member Monahan/Council Member Righeimer
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Council Member Righeimer, Mayor Mensinger.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
Nominations for Mayor Pro Tem were closed.
MOVED/SECOND: Council Member Monahan/Mayor Mensinger
The motion carried by the following roll call vote:
Ayes: Council Member Monahan, Council Member Righeimer, Mayor Mensinger.
Nays: Council Member Foley and Council Member Genis
Absent: None
Motions carried: 3-2
ACTION:
City Council elected James M. Righeimer as Mayor Pro Tem.
Mayor Mensinger and John Moorlach, Orange County Supervisor, presented a plaque to
former Mayor Righeimer; and thanked Police Chief Tom Gazsi. (03:03:55)
Former Mayor Righeimer presented a gavel to newly appointed Mayor Mensinger.
(03:07:19)
CONSENT CALENDAR (03:08:51)
MOTION: Approved recommended actions for Consent Calendar Item Nos. 1 through 8
except for Item Nos. 3, 7, and 8.
MOVED/SECOND: Council Member Monahan/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger.
Nays: None
Absent: None
Motions carried: 5-0
Minutes — Regular Meeting — December 2, 2014 - Page 8
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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: Justin Deyle and Steve Alford.
ACTION:
Received and filed.
4. FINAL MAP FOR TRACT NO. 17658 FOR PROPERTY LOCATED AT 2023, 2025
AND 2027 PLACENTIA AVE.
ACTION:
City Council adopted and approved Final Map of Tract Map No. 17658.
5. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY
MEETING OF SEPTEMBER 18, 2012 AND OCTOBER 2, 2012; THE MINUTES
OF THE ADJOURNED MEETING/STUDY SESSION AND SPECIAL JOINT
STUDY SESSION OF DECEMBER 10, 2013; AND THE REGULAR CITY
COUNCIL, COSTA MESA HOUSING AUTHORITY AND SUCCESSOR AGENCY
OF NOVEMBER 20, 2012 — Chief Executive Officer's Department/City Clerk's
Office
ACTION:
City Council approved the minutes of the regular meeting of the Costa Mesa City
Council, and Successor Agency of: September 18, 2012 and October 2, 2012; the
Adjourned Meeting/Study Session and Special Joint Study Session of December
10, 2013; and the Regular Meeting of the City Council, Costa Mesa Housing
Authority and Successor Agency of November 20, 2012.
Minutes — Regular Meeting — December 2, 2014 - Page 9
6. ACCEPT HARBOR BOULEVARD BEAUTIFICATION PROJECT NO. 13-05 —
FEDERAL PROJECT NO. RPSTPLE — 5312(083) — Public Services Department
/Engineering Division
ACTION:
1. City Council accepted the work performed by Jeff Tracy, Inc., DBA Land Forms
Construction, and authorized the City Clerk to file the Notice of Completion; and
2. City Council authorized the Labor and Materials Bond to be released seven (7)
months after the filing date; the Faithful Performance Bond to be released six (6)
months after the filing date; and the retention monies to be released 35 days
after the Notice of Completion filing date.
9. APPROVAL TO CONTRACT CHANGE ORDER #1 FOR THE WIRING FOR
TELEPHONE SERVICE AT THE SENIOR CENTER — Parks and Community
Services Department.
ACTION:
City Council approved contract change order #1 in the amount of $14,007.18 for
additional wiring at the Senior Center and authorized the Chief Executive Officer to
execute the change order.
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. WARRANT RESOLUTION NO. 2526 OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS,
INCLUDING PAYROLL REGISTER NOS. 14-22 "A" FOR $18,513.66, 14-23 for
$2,065,627.88, 14-23 "A" FOR $105.96, AND 14-24 FOR $2,129,535.98; AND
CITY OPERATING EXPENSES FOR $2,076,608.56; AND SPECIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID.
Public Comments:
Anna Vrska, Costa Mesa, questioned Chapman University expense (Page 5) and
legal services expenses (Page 19).
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger.
Nays: None
Absent: None
Motions carried: 5-0
Minutes — Regular Meeting — December 2, 2014 - Page 10
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ACTION:
City Council Approved Warrant Resolution No. 2526, to be read by title only and
further reading waived.
7. AWARD CDBG PROJECT: REHABILITATION OF ARNOLD AVENUE, BEACH
STREET, COVE STREET, ROSS STREET, SEAL STREET, AND SURF STREET,
CITY PROJECT NO. 14-11
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
1. City Council adopted plans, specifications, and working details for the
Rehabilitation of Arnold Avenue, Beach Street, Cove Street, Ross Street, Seal
Street, and Surf Street, City Project No. 14-11; and
2. City Council awarded the construction contract to Copp Contracting, Inc., P.O.
Box 457 Buena Park, California 90621-0457, in the amount of $450,002.50; and
3. City Council authorized the Mayor and the City Clerk to execute the Public
Works Agreement.
8. MEASURE M2 EXPENDITURE REPORT
MOVED/SECOND: Council Member Monahan/Council Member Foley
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger.
Nays: None
Absent: None
Motions carried: 5-0
ACTION:
City Council approved Resolution No. 14-76 to be read by title only and further
reading waived and approved the Measure M2 Expenditure Report.
REPORT — CITY ATTORNEY - NONE
Minutes — Regular Meeting — December 2, 2014 - Page 11
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ADJOURNMENT The Mayor and the City Council adjourned the meeting at 9:20 p.m.
Brenda Green, City'
Minutes — Regular Meeting — December 2, 2014 - Page 12