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HomeMy WebLinkAbout09-18-18 MinMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY SEPTEMBER 18, 2018 CALL TO ORDER The Closed Session was called to order by Mayor Genis at 4:07 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Absent: None PUBLIC COMMENTS ON CLOSED SESSION - NONE The City Council recessed to Conference Room 5A at 4:10 p.m. for Closed Session to consider the following items: 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6, California Government Code Agency Designated Representative: Tamara Letourneau, Assistant City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA) 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6, California Government Code Agency Designated Representative: Tamara Letourneau, Assistant City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA) 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: Orange County Catholic Worker, an unincorporated association: Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler, Gloria Shoemake, as individuals v. Orange County, City of Anaheim, City of Costa Mesa, and City of Orange, United States District Court, Central District of California — Southern Division, Case No. 8:18-cv-00155. 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION — ONE POTENTIAL CASE Pursuant to Subdivision (d)(4) of Section 54956.9, California Government Code MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 1 of 15 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: County of Orange, Orange County Flood Control District, City of Costa Mesa, City of Orange, and City of Anaheim v. California Department of Public Health; Karen L. Smith, in her official capacity as Director and State Public Health Officer, Orange County Needle Exchange Program, Superior Court of the State of California, County of San Diego, Hall of Justice Center Courthouse, Case No. 37 -2018 -00039176 -CU -MC -CTL. The City Council reconvened at 6:18 p.m. CALL TO ORDER (00:00:39) The meeting was called to order by Mayor Genis at 6:18 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:01:00) — Council Member Righeimer MOMENT OF SOLEMN EXPRESSION (00:01:22) Pastor Christine Wallington, Costa Mesa Seventh Day Adventist ROLL CALL (00:03:17) Present: Council Member Foley (left at 10:34 p.m.), Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Absent: None Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant City Manager Tamara Letourneau, Assistant Development Services Director Jennifer Le, Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:04:25) - NONE COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - NONE ANNOUNCEMENTS (00:05:14) — "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PUBLIC COMMENTS (00:07:50) Jesse Cevetas, Costa Mesa, spoke on coyote issues in the College Park area. (00:08:20) Barry Friedland, Costa Mesa, spoke on pedestrian right-of-ways; traffic issues; and requested a crosswalk guard and pedestrian countdown signal at Fairview Road and Arlington Drive. (00:11:08) MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 2 of 15 Speaker, Costa Mesa, spoke on keeping urban coyotes alive; and live trapping coyotes. (00:14:05) Martie O'Meara, Costa Mesa, spoke on Toes to the Nose School Board Candidates Forum on October 1St at Fairview Community Church. (00:16:34) Kim Hendricks, Costa Mesa, showed photographs and spoke on a gnatcatcher fledgling at Fairview Park; relocating the Fish Fry in 2019; Request for Proposal (RFP) for restoration preservation of Fairview Park; and OC Parks meeting on September 23rd regarding preservation. (00:18:46) Al Melone, Costa Mesa, spoke on the Costa Mesa bark park. (00:21:52) Frank Chlarson, Costa Mesa, spoke on coyote issues on the Eastside. (00:25:02) Robin Leffler, Costa Mesa, spoke on the Mesa Verde Community, Inc. Candidates Forum on October 4th, 6:00 p.m. at the Crossing Church, 2115 Newport Boulevard. (00:28:05) Carol Olinger, Costa Mesa, spoke on coyote issues on the Eastside. (00:29:17) Robert Pace, Costa Mesa, spoke on a resident only parking pass; and receiving a citation. (00:30:49) Gloria Larson, Costa Mesa, spoke on coyote issues. (00:33:19) Speaker, spoke on public service. (00:36:10) Speaker, spoke on problems with sober living. (00:39:05) Speaker, spoke in memory of Police Officer Reyes; and spoke on the Dog Shelter opening on October 1St at 16th Street and Newport Boulevard. (00:41:32) Beth Refakes, Costa Mesa, expressed condolences to Police Officer Reyes' family and the Costa Mesa Police Department; spoke on pedestrian safety and cars speeding; and the Feet to the Fire Candidate Forum. (00:43:32) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (00:46:30) Council Member Righeimer spoke on the Feet to the Fire Candidate Forum; impugning Council Members who are serving; and coyote issues and a plan for moving forward on the item. (00:46:44) Mayor Pro Tem Mansoor expressed condolences to Police Officer Reyes' family; requested data on the Coyote Cacher and making it available to the public; and a proactive action for the den location in a residential neighborhood. (00:51:03) MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 3 of 15 Council Member Foley requested staff follow-up on a pedestrian countdown signal at Fairview Road and Arlington Drive; spoke regarding speeding on Myer Street and Princeton Drive; coyote issues and implementing a policy; Lions Club Fish Fry Community Event; and expressed condolences to Police Officer Reyes' family. (00:53:00) Mayor Genis requested staff follow-up on a pedestrian countdown signal at Fairview Road and Arlington Drive; right turns on red on several locations; spoke on coyote issues; Fairview Park; Fish and Wildlife position on Fish Fry; Measure AA; Deed of Trust for Fairview Park; and expressed condolences to Police Officer Reyes' family and the Costa Mesa Police Department (00:57:01) Council Member Stephens spoke on the Fish Fry; Community Run; coyote issues; and expressed condolences to Police Officer Reyes' family and the Costa Mesa Police Department. (01:00:50) CONSENT CALENDAR (01:03:36) MOVED/SECOND: Council Member Righeimer/Council Member Foley MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7 except for 3, 5 and 7. The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 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/Agency Board/Authority Board waived reading of Ordinances and Resolutions. 2. READING FOLDER Claims received by the City Clerk: Matthew Bays and Brandon Hargraves ACTION: City Council received and filed. 4. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING OF SEPTEMBER 4, 2018 ACTION: City Council approved the minutes of September 4, 2018. MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 4 of 15 6. RESOLUTION FOR COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM APPLICATIONS ACTION: City Council adopted Resolution No. 18-58, approving the submittal of a grant application for transportation improvement projects under the Orange County Transportation Authority's (OCTA) Comprehensive Transportation Funding Program (CTFP) for Fiscal Years 2018-19 through 2020-21. ITEMS PULLED FROM THE CONSENT CALENDAR: 3. WARRANT RESOLUTION NO. 2605 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL NOS. 18-16 "A" FOR $2,633,511.87; 18- 17 FOR $-504.40; 18-17 "A" FOR $54.68; AND 18-18 FOR $2,457,604.52; AND CITY OPERATING EXPENSES FOR $5,093,638.87; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (01:04:24) Public Comments: Speaker, spoke on sober living lawsuit costs. (01:04:27) Speaker, spoke on sober living lawsuit costs. (01:06:53) MOVED/SECOND: Council Member Stephens/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved Warrant Resolution No. 2605. 5. PROPOSED CHANGES TO THE NOVEMBER, DECEMBER AND JANUARY CITY COUNCIL MEETING SCHEDULE (01:10:50) Council Member Stephen spoke on changing the dates. (01:10:55) Mayor Genis spoke on changing the dates. (01:12:08) Discussion ensued on pertaining to this year only, not permanently. (01:13:05) No public comments on this item. MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 5 of 15 MOVED/SECOND: Council Member Stephens/Council Member Foley (01:16:08) MOTION: 1. City Council hold two regular meetings on the second and fourth Tuesdays in November (November 13 and November 27); and 2. Hold a meeting on December 18, 2018 on as -needed basis only; and 3. Cancel the regularly scheduled City Council meeting on January 1, 2019 due to the New Year's Day holiday; and 4. Do not set the date for the City Council goal setting retreat for Friday, January 25, 2019. Discussion ensued on certifying the election on December 4th; and the second meeting in December. (01:17:35) SUBSTITUTE MOTION/SECOND: Mayor Genis/Council Member Righeimer SUBSTITUTE MOTION: 1. City Council hold one meeting on the second Tuesday in November (November 13); and 2. Continue to hold a meeting on December 4 and a tentative meeting on December 18; and 3. Cancel the regularly scheduled City Council meeting on January 1, 2019 due to the New Year's Day holiday; and 4. For the newly appointed Council to set the date for the City Council goal setting retreat for 2019. (01:20:49) Council Member Foley spoke on holding the meeting at a temporary location during the construction of the Council Chambers. (01:22:17) Discussion ensued on the January 2nd vs. January 8th meeting. (01:24:12) SUBSTITUTE SUBSTITUTE MOTION/SECOND: Council Member Stephens /Council Member Righeimer (01:26:24) SUBSTITUTE SUBSTITUTE MOTION: 1. City Council change the City Council meeting schedule in the months of November and January to provide for one regular meeting on the second Tuesday of November (November 13, 2018) rather than meetings on the first and third Tuesdays of the month and move the first meeting in January to the second Tuesday (January 8, 2019) and resume to regular schedule thereafter through the adoption of Resolution No. 18-57; and 2. Agree to not hold the previously cancelled second City Council meeting in December (December 18, 2018) and continue to hold the regularly scheduled meeting on December 4, 2018; and MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 6 of 15 3. For the newly appointed Council to set the date for the City Council goal setting retreat for 2019. The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council changed the City Council meeting schedule in the months of November and January to provide for one regular meeting on the second Tuesday of November (November 13, 2018) rather than meetings on the first and third Tuesdays of the month and moved the first meeting in January to the second Tuesday (January 8, 2019) and resume to regular schedule thereafter through the adoption of Resolution No. 18-57; and 2. Agreed to not hold the previously cancelled second City Council meeting in December (December 18, 2018) and continue to hold the regularly scheduled meeting on December 4, 2018; and 3. For the newly appointed Council to set the date for the City Council goal setting retreat for 2019. 7. TEMPORARY LOCATION FOR CITY COUNCIL MEETINGS (01:27:19) Dane Bora, Public Affairs Manager, presented the staff report. (01:27:34) Mayor Genis spoke on rescheduling Senior programs. (01:29:04) Mayor Pro Tem Mansoor spoke on moving forward with the Chambers remodel project. (01:33:38) Council Member Righeimer spoke on moving forward with the Chambers remodel project. (01:34:17) Discussion ensued on the bingo program; accommodating other groups; and the cost for funding the City Council Chambers Improvement project. (01:35:09) Council Member Foley spoke on the budget and bringing it back at the next City Council meeting. (01:40:20) Public Comments: Speaker, spoke on the Senior Center. (01:40:36) MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 7 of 15 Beth Refakes, Costa Mesa, spoke in support of moving forward with the project. (01:44:00) Speaker, spoke on the issue and suggested other temporary locations. (01:46:54) Gary Parkin, Costa Mesa and Senior Commissioner, clarified not having an office; and spoke in support of the Senior Center as a temporary location. (01:49:20) MOVED/SECOND: Council Member Foley/Council Member Righeimer The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted Resolution No. 18-59, temporarily moving the meeting location of regular City Council meetings to the Costa Mesa Senior Center for the duration of the City Hall First Floor and City Council Chambers Improvement Project; and 2. Directed staff to bring back the budget for the project for Council's consideration at a future City Council meeting; and 3. Authorized staff to determine the appropriate locations for other City commission and committee meetings ordinarily held in Council Chambers. City Council recessed into a break at 8:12 p.m. (01:55:14) City Council reconvened at 8:29 p.m. (02:11:55) PUBLIC HEARINGS —7:00 p.m. (Resolution No. 05-55): NONE OLD BUSINESS (02:11:56) 1. AMENDMENT TO CITY ATTORNEY RETAINER AGREEMENT WITH JONES & MAYER (02:11:57) City Attorney Duarte recused himself, stepped down from the dais and left the Council Chambers due to potential financial conflicts due to the City Attorney's contract with the City. (02:11:59) Alma Reyes, Management Analyst, presented the staff report. (02:12:08) Public Comments: Speaker, spoke against the contract. (02:13:55) MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 8 of 15 MOVED/SECOND: Council Member Righeimer/Mayor Genis MOTION: To approve the recommended action. (02:15:25) Council Member Stephens spoke to not supporting the motion. (02:15:52) Council Member Foley spoke to not supporting the motion. (02:17:55) Mayor Pro Tem Mansoor spoke on the issue. (02:19:34) Council Member Righeimer spoke on the issue. (02:20:10) Council Member Stephens spoke on undertaking an RFP. (02:21:06) Mayor Pro Tem Mansoor spoke on timing of switching City Attorney; and the City Attorney performance. (02:23:06) Mayor Genis spoke to supporting the motion. (02:24:58) MOVED/SECOND: Council Member Righeimer/Mayor Genis MOTION: To approve the recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Righeimer, Mayor Pro Tem Mansoor and Mayor Genis. Nays: Council Member Foley and Council Member Stephens Absent: None Motion carried: 3-2 ACTION: 1. City Council approved the proposed Amendment Number One to Amended Retainer Agreement for City Attorney Services between Jones & Mayer and the City of Costa Mesa; and 2. Authorized the City Manager to execute the agreement and future amendments to the agreement. 2. SECOND READING AND ADOPTION OF ORDINANCE NO. 18-10; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ARTICLE 2.5, CHAPTER V, OF TITLE 13 (ZONING CODE), RELATING TO SMALL LOT SUBDIVISIONS (02:26:45) Jennifer Le, Assistant Director of Development Services Department (02:27:19) Discussion ensued on the number of parking spaces required under the proposed change. (02:28:20) Public Comments: Speaker, spoke against the ordinance (02:29:25) Robin Leffler, Costa Mesa, spoke in support of the ordinance. (02:31:37) MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 9 of 15 MOVED/SECOND: Council Member Righeimer/Mayor Genis MOTION: To approve the recommended action. Council Member Righeimer spoke on the motion. (02:33:22) Council Member Stephens spoke to not supporting the motion. (02:34:07) MOVED/SECOND: Council Member Righeimer/Mayor Genis MOTION: To approve the recommended action. The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Mayor Pro Tem Mansoor and Mayor Genis Nays: Council Member Stephens Absent: None Motion carried: 4-1 ACTION: City Council gave second reading and adopted Ordinance No. 18-10, adopting Code Amendment CO -18-02 to amend the Costa Mesa Municipal Code. NEW BUSINESS (02:34:23) 1. NON-COMMERCIAL PORTABLE SIGNS (02:34:31) Council Member Foley spoke on the history of votes; and not limiting signs on public properties. (02:34:50) Council Member Mansoor spoke on illegal signs currently posted. (02:37:26) Council Member Righeimer spoke on posting signs in the parkways in front of houses. (02:37:51) Mayor Genis spoke on the issue. (02:39:37) Council Member Stephens spoke on previous votes and legal issues. (02:40:37) Mayor Genis spoke on the sign regulations. (02:44:07) Ms. Cristina Talley, Special Counsel, spoke on non-commercial speech. (02:45:25) Willa Bouwens-Killeen, Zoning Administrator, clarified the code on non-commercial signs. (02:46:42) Discussion ensued on reasonable time, place, and manner restrictions. (02:47:00) Mayor Pro Tem Mansoor spoke on signs on private properties and public right-of- ways. (02:51:43) MINUTES - REGULAR MEETING - SEPTEMBER 18, 2018 - Page 10 of 15 Public Comments: Robin Leffler, Costa Mesa, spoke on the issue. (02:56:55) Speaker, spoke on the issue. (03:00:40) Speaker, spoke on the number of calls received by Code Enforcement; and banner issues. (03:02:48) Public Comments closed. MOVED/SECOND: Council Member Foley/Council Member Stephens MOTION: Provide direction to staff to not enforce the non-commercial portable signs regulations on private residential properties including commercial and industrial and to bring back to Council after the 2018 election revisions to the non- conforming portable sign ordinance. Council Member Righeimer spoke on signs in the parkways. (03:06:05) Council Member Foley spoke on signs in the front yard. (03:07:42) Mayor Genis spoke on following the rules and in support of the motion. (03:10:35) Council Member Foley clarified that her understanding was that the ordinance did not apply to private residential properties. (03:11:11) Mayor Pro Tem Mansoor spoke in support of posting on private properties. (03:12:00) Discussion ensued on the limit for signage on various types of properties; and signs in the public right-of-way. (03:13:33) MOVED/SECOND: Council Member Foley/Council Member Stephens MOTION: Provide direction to staff to not enforce the non-commercial portable signs regulations on private residential properties including commercial and industrial and to bring back to Council after the 2018 election revisions to the non- conforming portable sign ordinance. The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council provided direction to staff to not enforce the non-commercial portable signs regulations on private residential properties including commercial and industrial and to bring back to Council after the 2018 election revisions to the non- conforming portable sign ordinance. MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 11 of 15 2. RESOLUTION FOR TANAGER BICYCLE TRAIL EXTENSION (03:20:10) Raja Sethuraman, Public Services Director, presented the staff report. (03:20:20) Public Comments: Bill Burke, Costa Mesa, spoke in support of the resolution. (03:22:50) Bill McCarty, Costa Mesa, spoke against the resolution. (03:26:59) John Merrill, Costa Mesa, spoke in support of the resolution. (03:28:50) Richard Mehren, Costa Mesa, spoke in support of the resolution. (03:31:06) Ken Burger, Costa Mesa, spoke in support of the resolution. (03:32:00) Mike Chun, Costa Mesa, spoke in support of the resolution. (03:34:06) Jack Ross, Costa Mesa, spoke in support of the resolution. (03:35:44) Robin Leffler, Costa Mesa and representing Mesa Verde Community, Inc., spoke in support of the resolution. (03:37:31) Mark Abramson, Costa Mesa, spoke in support of the resolution. (03:39:21) Rick Huffman, Costa Mesa and Bikeway and Walkability Committee member, spoke against the resolution. (03:40:39) Cynthia McDonald, Costa Mesa and Bikeway and Walkability Committee Chair, spoke against the resolution. (03:43:01) Gordon Burke, Costa Mesa, spoke in support of the resolution. (03:46:02) Robert Graham, Costa Mesa, spoke against the resolution. (03:47:17) Speaker, spoke on the issue. (03:52:08) Rick McCormack, Costa Mesa, spoke in support of the resolution. (03:54:03) Public Comments closed. MOVED/SECOND: Council Member Righeimer/Council Member Stephens (03:55:54) MOTION: To approve the recommended action of adopting the resolution drafted by staff, opposing any future consideration of a bicycle or pedestrian trail connecting the existing trail east of Golf Course Drive to Fairview Park between the Costa Mesa Country Club and Tanager Drive homes. MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 12 of 15 Council Member Righeimer spoke on the motion. (03:56:17) Council Member Stephens spoke on the issue. (04:02:30) SUBSTITUTE MOTION/SECOND: Council Member Stephens/Council Member Foley (04:08:24) SUBSTITUTE MOTION: To approve the resolution drafted by the resident (version 3) with all the recitals but removing the following (paragraph 2) from the resolution: "The City Council will not entertain a proposal to construct such a bicycle or pedestrian trail until all of the above issues and objections have been addressed to the satisfaction of the majority of residents who live in the Upper Bird Streets and the majority of the residents who live on Tanager Drive"; and bring back for Council consideration after the review of the City Attorney. Discussion ensued on removing paragraph 2 and to not bring it back to Council; and the three versions of the resolution. (04:09:51) Council Member Stephens agreed to not bring back the changes to Council and Council Member Foley (the second) concurred. (04:13:57) AMENDED SUBSTITUTE MOTION/SECOND: Council Member Stephens /Council Member Foley AMENDED SUBSTITUTE MOTION: To adopt Resolution No. 18-60 drafted by the resident (version 3) with all the recitals but removing the following paragraph 2 from the resolution: `The City Council will not entertain a proposal to construct such a bicycle or pedestrian trail until all of the above issues and objections have been addressed to the satisfaction of the majority of residents who live in the Upper Bird Streets and the majority of the residents who live on Tanager Drive". The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council adopted Resolution No. 18-60 drafted by the resident (version 3) with all the recitals but removing the following paragraph 2 from the resolution: `The City Council will not entertain a proposal to construct such a bicycle or pedestrian trail until all of the above issues and objections have been addressed to the satisfaction of the majority of residents who live in the Upper Bird Streets and the majority of the residents who live on Tanager Drive". MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 13 of 15 3. CAPITAL IMPROVEMENT FUNDING REALLOCATIONS AND LIONS PARK PLAYGROUND IMPROVEMENTS (04:16:20) Raja Sethuraman, Public Services Director, presented the staff report. (04:16:44) Council Member Foley recused herself, stepped down from the dais and left the Council Chambers due to her property being within a 500 -foot radius of Jack Hammett Sports Complex. (04:19:28) Discussion ensued on the funding to commence the public engagement process; timing of the project; date of completion of the playground; RFP for the kiosks; and Treasurer's Report. (04:22:40) Kelly Telford, Finance Director, spoke on the Treasurer's Report. (04:32:17) Public Comments: Robin Leffler, Costa Mesa, spoke on allocating monies to reserves. (04:34:39) Beth Refakes, Costa Mesa, spoke on budget for relocating the airplane at Lions Park; utilization of parks; and input from the community. (04:36:18) MOVED/SECOND: Council Member Righeimer/Council Member Stephens MOTION: Approve the recommended actions. Council Member Righeimer spoke on the motion. (04:41:02) Ms. Telford spoke on the Capital Improvement Project fund. (04:41:12) Council Member Stephens spoke to supporting the motion. (04:44:10) Mayor Pro Tem Mansoor spoke to supporting the motion. (04:46:40) Mayor Genis spoke to supporting the motion. (04:47:05) MOVED/SECOND: Council Member Righeimer/Council Member Stephens MOTION: Approve the recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Mansoor and Mayor Genis. Nays: None Absent: None Abstain: Council Member Foley Motion carried: 4-0-0-1 MINUTES — REGULAR MEETING — SEPTEMBER 18, 2018 — Page 14 of 15 ACTION: 1. City Council authorized the cancellation of the Costa Mesa High School Stadium Bleachers Project with the remaining balance of $660,000 ($625,000 in the Capital Improvement Fund and $35,000 in the Park Development Fund) and the Costa Mesa High School Football Field Project with the remaining balance of $285,000 in the Capital Improvement Fund, and allocated these funds for the Lions Park Playground Improvements Project; and 2. Authorized transfer of $1,100,000 from the allocated Capital Improvement Fund for Jack Hammett Field Improvements to the Lions Park Playground Improvements Project; and 3. Approved a budget adjustment transferring appropriations collectively amounting to $2,045,000 to fund the design and construction of the Lions Park Playground Improvements Project. ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (04:49:31) - NONE REPORT — CITY MANAGER (04:49:38) - NONE REPORT — CITY ATTORNEY (04:49:41) - NONE ADJOURNMENT (04:49:43) - The Mayor adjourned the meeting at 11:08 p.m. in memory of Costa Mesa Police Officer Oscar Reyes. Minutes adopted on this 16th day of October, 2018. andra L. Genis, Mayor ATTEST: &MAU ku-'- Brenda GreeW, City Clerk MINUTES - REGULAR MEETING - SEPTEMBER 18, 2018 - Page 15 of 15