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HomeMy WebLinkAbout02 - CC-4 - Minutes - 4/6/2021UNOFFICIAL UNTIL APPROVED CCA MINUTES OF THE SPECIAL MEETING - STRATEGIC PLANNING WORKSHOP FRIDAY, JANUARY 29, 2021 - 8:30 A.M. CALL TO ORDER — 8:30 A.M. The Special City Council meeting was called to order by Mayor Foley at 8:30 a.m. via Zoom meeting. ROLL CALL Present by Zoom: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Absent: None Public Comments — Only on matters listed on the agenda Mayor Foley noted that 4 written comments were received from the following: Linda Kraemer, regarding sustainability. Craig Preston, regarding sustainability. Philip Chipman, regarding sustainability. Marc Perkins, regarding equity, sustainability, housing, and smart development. Wendy Leece, Costa Mesa, spoke on addressing a variety of issues. Steven Chan, Costa Mesa, spoke on equitable enforcement and quality of life. Jim Fitzpatrick, spoke on the Measure Q Cannabis Task Force, and stepping up enforcement on illegal dispensaries. Ms. Farrell Harrison, City Manager, spoke on the purpose of the retreat/workshop and introduced Marilyn Snider, Facilitator, Snider and Associates. Ms. Snider, conducted introductions, read the City of Costa Mesa's strengths and accomplishments since the January 25, 2019 Goal Setting Retreat, reviewed the City of Costa Mesa's Current Internal Weakness/Challenges, reviewed the City of Costa Mesa's External Factors/Trends (e.g., economic, political, technological, social and environmental) that will/might have an impact on the City of Costa Mesa in the next three years: • Positively (opportunities) • Negatively (threats) Minutes —Special Meeting — January 29, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED Break 9:50 a.m. — 10:10 a.m. The City Council developed the following Mission Statement: "The City of Costa Mesa serves our residents, businesses and visitors while promoting a safe, inclusive and vibrant community." Ms. Molina, Finance Director provided a Fiscal Year 2020-21 Mid -Year Update and Financial Outlook. During breakout sessions, City Council identified the following Three -Year Goals: 1. Recruit and retain high quality staff. 2. Achieve long-term fiscal sustainability. 3. Strengthen public safety and keep community safe. 4. Maintain and enhance the City's infrastructure, facilities, equipment, and technology. 5. Diversify, stabilize, and increase housing to reflect community needs. Lunch 12:40 p.m. — 1:15 p.m. The City Council identified Six -Month Strategic Objectives for each of the three year goals. City Council discussed the next steps and follow-up processes to monitor progress on the Goals and Objectives (including setting dates within 6 months to update the Strategic Plan). Ms. Snider provided a summary of the Workshop and Closing Remarks. ADJOURNMENT — Mayor Foley adjourned the meeting at 4:30 p.m. Minutes —Special Meeting — January 29, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 6th day of April, 2021. John Stephens, Mayor ATTEST: Brenda Green, City Clerk Minutes —Special Meeting — January 29, 2021 — Page 3 UNOFFICIAL UNTIL APPROVED MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TUESDAY, MARCH 2, 2021 CALL TO ORDER - The Closed Session meeting was called to order by Mayor Foley at 4:00 p.m. ROLL CALL Present by Zoom: Council Member Chavez, Council Member Gameros, Council Member Harlan (arrived 4:30 p.m.), Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Absent: None PUBLIC COMMENTS: Ms. Green, City Clerk noted a letter received from Ms. Beatificato, regarding Closed Session item number 5 Insight Psychology and Addiction, Inc. v. City of Costa Mesa, US District Court, Central District of California, Case No. 8:20-cv-00504-JVS-JDE. CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code D'Alessio Investments LLC v. City of Costa Mesa, OCSC Case No.30-2020- 01132646 (Court of Appeal Case No. G059548) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al., OCSC Case No. 30-2020-01170520-CU-OR-CJC 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code D'Alessio Investments LLC v. City of Costa Mesa, OSSC Case No. 30-2019- 011004872 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code D'Alessio Investments LLC v. City of Costa Mesa, OSSC Case No.30-2019- 01104908 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION — ONE CASE Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code Insight Psychology and Addiction, Inc. v. City of Costa Mesa, US District Court, Central District of California, Case No. 8:20-cv-00504-JVS-JDE Minutes — Closed Session — March 2, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED 6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — ONE CASE - Pursuant to subdivision (d)(2), of Section 54956.9 California Government Code, Potential Litigation. 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — ONE CASE - Pursuant to subdivision (d)(4) of Section 54956.9 California Government Code, Potential Litigation. 8. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to subdivision (a) of Section 54957.6, California Government Code Agency Designated Representatives: Peter Brown, Partner, Liebert Cassidy Whitmore, Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Firefighters Association (CMFA) 9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION — ONE CASE Pursuant to subdivision (d)(1) of Section 54956.9 California Government Code Costa Mesa v. NMUSD, OCSC Case No. 30-2021-01179397-CU-WM-CXC. 10. THREAT TO SECURITY Pursuant to subdivision (a) of Section 54957, California Government Code Consultation with: Costa Mesa Director of Emergency Services, and City Manager, Lori Ann Farrell Harrison; Bryan Glass, Police Chief; Dan Stefano, Fire Chief; and Jason Dempsey, Emergency Services Administrator. Closed Session adjourned at 6:20 p.m. Minutes — Closed Session — March 2, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 6th day of April, 2021. John Stephens, Mayor ATTEST: Brenda Green, City Clerk Minutes — Closed Session — March 2, 2021 — Page 3 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING TUESDAY, MARCH 2, 2021 - 6:00 P.M. CALL TO ORDER - The regular meeting was called to order by Mayor Foley at 6:25 p.m. via Zoom webinar. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE Led by Council Member Reynolds MOMENT OF SOLEMN EXPRESSION Pastor Jordan Hansen, Newport Mesa Church ROLL CALL Present by Zoom: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Absent: None CITY ATTORNEY CLOSED SESSION REPORT — Ms. Hall Barlow reported that on Closed Session items 1-4 direction was given to staff by Council, on items 5 and 7 Council was requested to ratify the cross complaint that was filed in the Insight Psychology case and gave direction to the City Manager and City Attorney to work with outside council to move forward with nuisance abatement actions relating to group home operators who have already been engaged with the city in litigation. CLOSED SESSION ACTION: MOVED/SECOND: Mayor Pro Tern Marr/Council Member Gameros ACTION: Ratified the cross complaint that was filed in the Insight Psychology case and City Council directed the City Manager and City Attorney to work with outside council to move forward with nuisance abatement actions relating to group home operators who have already been engaged with the city in litigation. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 For the remaining Closed Session items 6, 8, 9, and 10, Council provided direction. PRESENTATIONS: Ms. Reese and Ms. Yeh provided the OC Human Relations Annual Update. Minutes —Regular Meeting — March 02, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED Mayor Foley, Mayor Pro Tern Marr, and Council Member Reynolds presented a Proclamation for Women's History Month. Mayor Foley recognized Ms. McNabb for her service to the City of Costa Mesa. Mr. Polenske, Regional Manager, provided an update on Smart n Final. PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA Ms. Abraham, Costa Mesa, requested clarification on filling the vacancy process if Mayor Foley should win the Supervisor seat. Mr. Chan, Costa Mesa, responded to the Smart n Final presentation. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harper spoke on the Housing Element, RHNA numbers, and community engagement. Council Member Reynolds spoke on the Housing Element process and outreach, the Planning Commission meeting on March 1st regarding the Housing Element, the Parks, Arts, and Community Services Commission and Open Space discussion, a Caltrans survey on Active Transportation, and safety improvements. Council Member Chavez spoke on park access and enhancements, the Housing Element, and the Mesa West ownership plan. Council Member Gameros spoke on the importance of wearing face masks. Council Member Harlan spoke on the Housing Element workshops, Perez Park, and temporary fencing. Mayor Pro Tern Marr spoke on the Housing Element workshops and outreach, the new homeless shelter on Airway Ave, and May 15th is Love Costa Mesa Day. Mayor Foley spoke on the Housing Element Workshops, Target construction, Landscape plans for Fairview replacement of trees, vaccine distribution, sports starting back in schools, and closing the meeting in recognition of Art Goddard and Mike Baker. REPORT — CITY MANAGER — Ms. Farrell Harrison provided an update on vaccine distributions, COVID-19 numbers, bulky item pick up, the Local Hazard Mitigation Plan, congratulated Mr. Dempsey, Office of Emergency Services Administrator on receiving the Best Example of Using Technology to Combat COVID-19 award by Everbridge. Mr. Dempsey, Office of Emergency Services Administrator, provided an update on the Local Hazard Mitigation Plan. REPORT — CITY ATTORNEY — Ms. Hall Barlow reported on obtaining an injunction on illegal marijuana stores and clarified the filling of the Mayor's vacancy. Minutes —Regular Meeting — March 02, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR: (Items 1-9) MOVED/SECOND: Council Member Chavez/Mayor Pro Tern Marr MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 9. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 (Mayor Foley recused herself on item number 8 as she has an Accessory Dwelling Unit application pending) 1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS ACTION: City Council and Agency Board approved the reading by title only and waived full reading of Ordinances and Resolutions. 2. READING FOLDER Claims received by the City Clerk: Steven Armand, Barbara Jean Blood, and Yusuf Shojaee. ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO. 2655 — Finance Department ACTION: City Council approved Warrant Resolution No. 2655 of the City Council of the City of Costa Mesa, California, allowing certain claims and demands, including Payroll Register Nos. 21-03 "A" for $988.60 and 21-04 for $2,415,793.17; and City operating expenses for $3,585,442.60. 4. MINUTES - City Manager's Office/City Clerk's Division ACTION: City Council approved the Minutes of January 25, 2019 special meeting, January 30, 2019 special meeting, February 26, 2019 special Closed Session, February 26, 2019 special Study Session, February 26, 2019 special meeting, March 26, 2019 special meeting, April 17, 2019 special Closed Session, May 14, 2019 special Closed Session, May 14, 2019 special Study Session, May 14, 2019 special meeting, August 13, 2019 Study Session, February 4, 2020 regular meeting, May 19, 2020 regular meeting, May 26, 2020 Adjourned regular meeting, November 10, 2020 Study Session, December 15, 2020 Closed Session, December 15, 2020 regular meeting, January 19, 2021 Closed Session, January 19, 2021 regular meeting, and February 23, 2021 special Study Session. Minutes —Regular Meeting — March 02, 2021 — Page 3 UNOFFICIAL UNTIL APPROVED 5. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2021 REGIONAL CONFERENCE AND GENERAL ASSEMBLY - City Manager's Office/City Clerk's Division ACTION: City Council designated Mayor Pro Tern Marr as the delegate and Council Member Harlan as the alternate for the upcoming 2021 Annual Southern California Association of Governments (SCAG) Regional Conference & General Assembly. 6. AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC. Public Services Department/Engineering Division ACTION: 1. City Council approved Amendment No. 1 to the Maintenance Services Agreement with F.M. Thomas Air Conditioning, Inc., 231 Gemini Avenue, Brea, CA, 92821, increasing the annual amount by $30,000 for each year of the agreement (2021 and 2022). 2. Authorized the City Manager and the City Clerk to execute the amendment and future authorized amendments to the agreement. 7. AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT WITH SIEMENS INDUSTRY INC. — Public Services Department/Engineering Division ACTION: 1. City Council approved Amendment No. 1 to the Maintenance Services Agreement with Siemens Industry, Inc., 6141 Katella Avenue, Cypress, CA, 90630, increasing the annual amount by $60,000 for Years 1 and 2 of the agreement. 2. Authorized the City Manager and the City Clerk to execute the amendment and future authorized amendments to the agreement. 8. SECOND READING TO AN ORDINANCE REPEALING URGENCY ORDINANCE 19-19 AND APPROVING CODE AMENDMENT CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS - Development Services Department/Planning Division ACTION: City Council gave second reading to and adopted Ordinance No. 2021-03 (Code Amendment CO-2020-04) read by title only, repealing Urgency Ordinance 19-19 and amending the Costa Mesa Municipal Code, Title 13, Article 2 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Minutes —Regular Meeting — March 02, 2021 — Page 4 UNOFFICIAL UNTIL APPROVED 9. ADOPT RESOLUTION TO END CHILD MARRIAGE — Legislative Review Team ACTION: City Council approved Resolution No. 2021-07 in support of Ending Child Marriage. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS: 1. AN URGENCY ZONING ORDINANCE NO. 2021-XX OF THE CITY OF COSTA MESA TO EXTEND AND AMEND PREVIOUSLY -APPROVED URGENCY ORDINANCE NO. 2020-14 PROVIDING FOR AN ADDITIONAL 12-MONTH EXTENSION, FOR A TOTAL OF 24 MONTHS, OF THE TIME LIMITS SET FORTH IN ZONING CODE SECTION 13-29(k) (TIME LIMITS AND EXTENSIONS) FOR ALL APPROVED DISCRETIONARY PLANNING APPLICATIONS; AND DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION Development Services Department/Planning Division Presentation by Ms. Bouwens-Killeen, Zoning Administrator. Discussion ensued on fencing and maintenance of vacant lots, and the number of projects. Public Comments: None. MOVED/SECOND: Council Member Reynolds/Council Member Gameros MOTION: Approve the recommended actions with the condition of staff follow up on maintenance to the vacant lots. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Abstain: None Motion carried: 7-0 ACTION: City Council held a public hearing and adopted Urgency Ordinance No. 2021-04 to extend and amend previously -approved Urgency Ordinance No. 2020-14 providing for an additional 12-month extension, for a total of 24 months, of the time limits set forth in Zoning Code Section 13-29(k) (Time Limits and Extensions) for all discretionary planning applications; and declaring the ordinance to be an emergency measure to take effect immediately upon adoption with the added condition of staff follow up on maintenance of the vacant lots. OLD BUSINESS: NONE Minutes —Regular Meeting — March 02, 2021 — Page 5 UNOFFICIAL UNTIL APPROVED NEW BUSINESS: 1. APPROVAL OF A RESOLUTION FOR THE APPLICATION OF PROPOSITION 68 GRANT FUNDS FROM THE STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT PROGRAM FOR THE KETCHUM- LIBOLT PARK RENOVATION/ EXPANSION PROJECT Parks and Community Services Department Presentation by Mr. Minter, Parks and Community Services Director. Discussion ensued on height of perimeter wall, and parking sign to face the street. Public Comments: None. MOVED/SECOND: Council Member Chavez/Mayor Pro Tern Marr MOTION: Approve the recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Abstain: None Motion carried: 7-0 ACTION: City Council adopted Resolution No. 2021-08 approving the submittal of a grant application to the California Department of Parks and Recreation, Proposition 68 Statewide Park Development and Community Revitalization Grant Program — also known as the Statewide Park Program (SPP) for the Ketchum-Libolt Park Playground Renovation Project and authorized the City Manager or designee to appropriate and execute any and all actions necessary to fulfill the grant requirements. 2. APPROVE THE PROPOSED STAFFING PLAN FOR THE IMPLEMENTATION OF THE RETAIL CANNABIS TAX AND REGULATION MEASURE (MEASURE Q) AND AMEND THE TABLE OF ORGANIZATION AND FY 2020/21 ADOPTED BUDGET — Finance Department Presentation by Ms. Molina, Finance Director. Discussion ensued on workload, salaries and revenues, onboarding new stores, staffing levels and costs, assisting legal dispensaries, financial forecasting, month to month projections, and timeline to hire for the Police Department. Public Comments: Tom Pollitt, spoke on more employees per citizen than other cities. Minutes —Regular Meeting — March 02, 2021 — Page 6 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Mayor Pro Tern Marr/Council Member Chavez MOTION: Approve the recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Abstain: None Motion carried: 7-0 ACTION: City Council approved the staffing increase and appropriated funding for the last quarter of the fiscal year estimated at $0.3 million for the successful implementation of the Retail Cannabis Tax and Regulation Measure (Measure Q) allowing for cannabis retail storefront (dispensaries) and retail non -storefront (delivery) uses in specified areas of the City subject to limitations. City Council recessed into a break at 9:04 p.m. City Council reconvened at 9:14 p.m. 3. FRONTLINE GROCERY WORKERS HAZARD PAY — City Manager's Office Presentation by Ms. Farrell Harrison, City Manager. Discussion ensued on the number of stores, the number of employees, litigation costs, union vs. non -union, and other industries. Public Comments: Eva Goodwin-Noriega, spoke in support of the item. Mary Ann Alercon, spoke in support of the item. Nora Whittington, spoke in support of the item. Adam Overton, spoke in support of the item. Sadie Cullumber, Costa Mesa, spoke in support of the item. Speaker, representing USCW workers spoke in support of the item. Hengameh Abraham, Costa Mesa, spoke in support of health care workers receiving hazard pay and is opposed to the item unless it is for everyone. Lori Wilkerson, spoke in support of the item. Speaker, spoke in support of the item. Minutes —Regular Meeting — March 02, 2021 — Page 7 UNOFFICIAL UNTIL APPROVED Greg Smith, spoke in support of the item. MOVED/SECOND: Mayor Pro Tern Marr/Council Member Gameros MOTION: Approve the recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: Council Member Harper Absent: None Abstain: None Motion carried: 6-1 ACTION: City Council directed the City Attorney to draft an urgency ordinance for consideration at a future City Council meeting requiring local grocery stores to provide hazard pay to their frontline employees for a defined period during the COVID-19 pandemic. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds reminded everyone to visit the Rose River memorial. ADJOURNMENT — Mayor Foley adjourned the meeting at 10:48 p.m. in memory of Art Goddard and Mike Baker. Minutes —Regular Meeting — March 02, 2021 — Page 8 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 6th day of April, 2021. John Stephens, Mayor ATTEST: Brenda Green, City Clerk Minutes —Regular Meeting — March 02, 2021 — Page 9 UNOFFICIAL UNTIL APPROVED MINUTES OF THE CITY OF COSTA MESA CITY COUNCIL SPECIAL STUDY SESSION TUESDAY, MARCH 23, 2021 - 5:00 P.M. CALL TO ORDER (00:00:12) - The Study Session was called to order by Mayor Pro Tem Marr at 5:00 p.m. via Zoom Webinar. PLEDGE OF ALLEGIANCE — Led by Council Member Gameros. ROLL CALL Present by Zoom: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, and Mayor Pro Tern Marr. Absent: Mayor Foley SPECIAL STUDY SESSION ITEM: 1. 2021-2029 HOUSING ELEMENT — STATUS UPDATE — Development Services Department/Planning Division Presentation by Ms. Le, Development Services Director and Mr. Chen, Kimley- Horn Consultant. Public Comments: Kathy Esfahani, Costa Mesa, spoke on RHNA numbers and provided six ideas. Aaron Klemm, Costa Mesa, spoke on Fair Housing, the Adult Family Homes Law, Measure Y, and addressing climate crisis. Garret Whitfield, spoke on infrastructure, supporting additional density, affordable housing levels. Cassius Rutherford, Costa Mesa, spoke against legal challenges against the state and housing needs. Cynthia McDonald, Costa Mesa, spoke on a vision for Costa Mesa, clustering development, addressing the lack of open space, variety of housing, and an inclusionary housing ordinance. Speaker, spoke on achieving RHNA numbers and inclusionary policies, affordable housing, and mobile home protections. Minutes — Special Study Session — March 23, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED Discussion ensued on consequences of a non -compliant housing element, Measure Y, Inclusionary Housing Ordinance, changing Mesa West Overlay, overcrowding definition, affordable housing, SB35, loss of local control, affordability numbers, deed restrictions, development capacity in overlays, a realistic housing element, coordinating with surrounding cities, diversity, policies to encourage additional housing, density, displacement strategies, timelines, economic employment data, well designed neighborhoods, list of stakeholders, permanent supportive housing, revisiting urban plans, and stimulus funds being used for vision planning. ACTION: City Council received and filed. ADJOURNMENT (00:55:18) — Mayor Pro Tern Marr adjourned the Study Session at 7:10 p.m. Minutes — Special Study Session — March 23, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 6th day of April, 2021. John Stephens, Mayor ATTEST: Brenda Green, City Clerk Minutes — Special Study Session — March 23, 2021 — Page 3 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND COSTA MESA HOUSING AUTHORITY MEETING TUESDAY, MARCH 16, 2021 CLOSED SESSION 4:00 P.M. CALL TO ORDER - The Closed Session meeting was called to order by Mayor Foley at 4:01 p.m. ROLL CALL Present by Zoom: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Absent: None PUBLIC COMMENTS Ms. Beatificato, spoke on Closed Session Item number 3. Ms. Elliott, representing Disability Rights California, spoke on Closed Session Item number 3. Ms. Green, City Clerk, noted that written communication was received regarding item number 3, provided to City Council, and made part of the meeting record. CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — THREE CASES - Pursuant to subdivision (d)(4) of Section 54956.9 California Government Code, Potential Litigation. 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — TWO CASES - Pursuant to subdivision (d)(2) of Section 54956.9 California Government Code, Potential Litigation. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION — ONE CASE Pursuant to subdivision (d)(1) of Section 54956.9, California Government Code Insight Psychology and Addiction, Inc. v. City of Costa Mesa, US District Court, Central District of California, Case No. 8:20-cv-00504-JVS-JDE Minutes — Regular Meeting — March 16, 2021 — Page 1 UNOFFICIAL UNTIL APPROVED 4. THREAT TO SECURITY Pursuant to subdivision (a) of Section 54957, California Government Code Consultation with: Costa Mesa Director of Emergency Services, and City Manager, Lori Ann Farrell Harrison; Bryan Glass, Police Chief; Dan Stefano, Fire Chief; and Jason Dempsey, Emergency Services Administrator. Ms. Hall Barlow reported that item number 1 on the closed session agenda, three cases of potential litigation, two of those cases will not be identified at this time, the third case is related to the city's RHNA assignment and the potential action of a multitude of cities in the state contesting the RHNA allocations and methodology. Item number 2 on the closed session agenda is two items of potential exposure to litigation, one item is the letter from Ms. Beatificato regarding the Brown Act claims asserted and the associated threat of litigation. Ms. Hall Barlow noted that the city has disabled the YouTube chat feature, but that the public is still able to speak to the council in connection with the City Council meeting. City Council recessed at 4:13 p.m. for Closed Session. Closed Session adjourned at 5:44 p.m. CALL TO ORDER - The regular joint meeting of the Costa Mesa City Council and Successor Agency to the Redevelopment Agency and Costa Mesa Housing Authority was called to order by Mayor Foley at 6:02 p.m. via Zoom webinar. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE Led by Council Member Chavez MOMENT OF SOLEMN EXPRESSION Pastor Phil Eyskens, Lighthouse Community Church, Costa Mesa ROLL CALL Present by Zoom: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Foley. Absent: None CITY ATTORNEY CLOSED SESSION REPORT — Ms. Hall Barlow reported, that on item 2 a Brown Act demand letter concerning actions taken at the previous council meeting on March 2, 2021, council has directed that the items raised in the letter be cured and specifically acted to rescind the two actions taken in Closed Session at the March 2"d meeting. The motion by Mayor Pro Tern Marr and seconded by Council Member Reynolds and was approved on a 7-0 vote which includes the rescission of the action on item number 3 on this agenda but was on a prior agenda as well. Minutes — Regular Meeting — March 16, 2021 — Page 2 UNOFFICIAL UNTIL APPROVED With respect to two items of anticipated litigation under item number 1, potential initiation of litigation, there were two items that were approved by Council, the first was a nuisance abatement action, motion by Mayor Foley, seconded by Mayor Pro Tern Marr and approved by 7-0 vote. A second item of potential litigation authorizing nuisance abatement was moved by Council Member Harlan, seconded by Mayor Pro Tern Marr and approved by a 7-0 vote. The action, defendant, and particulars are not being identified. The action has been given to approve and the defendants and particulars, shall, once formally commenced, be disclosed to any person upon inquiry unless it would jeopardize the ability to service of process or conclude negotiations. The third item under item number 1 anticipated litigation, potential initiation of litigation, no action was taken, with respect to the City's RHNA allocation. Item number 2, anticipated litigation potential initiation of litigation, other than the Brown Act demand letter, the other item was discussed but no reportable action was taken. Item number 3 existing litigation with Insight Psychology and Addiction, Inc., City Council did ratify the direction that was previously given by the City Attorney and City Manager authorizing cross complaints in the existing litigation made with a motion by Council Member Chavez and seconded by Mayor Pro Tern Marr and approved with a 7-0 vote. Item number 4 Threat to Security, no reportable action was taken. Ms. Hall Barlow requested that council observe the action taken to rescind the March 2, 2021 Closed Session action which includes the Consent Calendar number 10 on the current agenda, the previous approval has been rescinded, a new action may be taken after public comment on the item and staff is requesting it to be pulled for clarification. PRESENTATIONS: Ms. McDonald, Chair, provided the Bikeway and Walkability Committee Annual update. Ms. Price, Assistant City Manager, provided a Homelessness Update. Mayor Foley presented a Proclamation for "Let's Be Kind" Costa Mesa Month. Mayor Foley presented a Proclamation regarding Condemning Acts of Violence and Hate Crimes Against Asian -Americans and Pacific Islanders. PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA Speaker, spoke on First Amendment rights. Mitch Seigel, representing the Orange County Hispanic Chamber of Commerce, spoke on building a relationship with the city. Bill Turpit, reported on the Orange County Mosquito and Vector Control Board. Minutes — Regular Meeting — March 16, 2021 — Page 3 UNOFFICIAL UNTIL APPROVED Jimmy Vivar, thanked City Council and staff for the Small Business Grant Program and wished Mayor Foley the best. Steven Chan, played an audio clip regarding Smart n Final. Speaker, requested an update on when council meetings will be back in Council Chambers. Al Morelli, congratulated Mayor Foley on her election to the Orange County Board of Supervisors position and requested follow up on his Code Enforcement request regarding Target. Ben Chapman, spoke on YouTube chat and opening Council Chambers for in person City Council meetings. Speaker, congratulated Mayor Foley on her election to the Orange County Board of Supervisors position and thanked City Council and staff for recognizing Roger Neth. Ralph Tabaoda, Congratulated Mayor Foley on her election to the Orange County Board of Supervisors position and thanked her for her work with the city. Speaker, spoke on Mayor Foley's election and listening to voter's. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Mayor Pro Tern Marr thanked Mayor Foley for her accomplishments while working with the city. Council Member Reynolds spoke on the parking study and the meetings being held for the public to participate and spoke on Mayor Foley's accomplishments while working with the city. Council Member Chavez spoke on the unveiling of the Dolly Parton mural, health care workers, the parking study meetings, and Mayor Foley's accomplishments while working with the city. Council Member Gameros thanked Mayor Foley, responded to public comments regarding Target, attending the Strut Grand Opening, and the little leagues merging. Council Member Harlan spoke on the Randy's Donuts grand opening, thanked the Bikeway and Walkability Committee for their presentation, spoke on the Parking Study meetings, congratulated Mayor Foley on her election to the Orange County Board of Supervisors, and requested to adjourn the meeting in memory of Huy Pham. Council Member Harper congratulated Mayor Foley on her election to the Orange County Board of Supervisors and spoke on freedom of speech. Minutes — Regular Meeting — March 16, 2021 — Page 4 UNOFFICIAL UNTIL APPROVED Mayor Foley thanked everyone for their comments and spoke on all the work the city and Council are doing. REPORT — CITY MANAGER — Ms. Farrell Harrison spoke on Mayor Foley's election to the Orange County Board of Supervisors, on Orange County moving to the red tier, conducted a moment of silence for those lost to COVID-19, and played a video marking the 1-year anniversary since the pandemic began. REPORT — CITY ATTORNEY — Ms. Hall Barlow clarified why the YouTube chat feature is disabled, spoke on First Amendment rights, and thanked the mayor for her support and congratulated her on her election to the Orange County Board of Supervisors. CONSENT CALENDAR: (Items 1-10) MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10 except for 6 and 10. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS ACTION: City Council and Agency Board approved the reading by title only and waived full reading of Ordinances and Resolutions. 2. READING FOLDER Claims received by the City Clerk: Southern California Edison, Olen Properties, Yusuf Shojaee. ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO. 2656 — Finance Department ACTION: City Council approved Warrant Resolution No. 2656 of the City Council of the City of Costa Mesa, California, allowing certain claims and demands, including Payroll Register Nos. 21-04 "A" for $120.53 and 21-05 for $2,546,949.57; and City operating expenses for $1,949,874.60. Minutes — Regular Meeting — March 16, 2021 — Page 5 UNOFFICIAL UNTIL APPROVED 4. MINUTES - City Manager's Office/City Clerk's Division ACTION: City Council approved the Minutes of the regular meetings of February 2, 2021 and February 16, 2021. 5. STRATEGIC PLAN UPDATE — City Manager's Office ACTION: City Council approved the March update to the work plan for the 2021 Strategic Plan - Three Year Goals and Six Month Objectives (hereafter "Strategic Plan"). 7. CITY HALL ELECTRIC VEHICLE (EV) CHARGING STATIONS — CITY PROJECT NO.20-09 - Public Services Department/Engineering Division ACTION: 1. City Council accepted the work performed by AMTEK Construction and authorized the City Clerk to file the Notice of Completion. 2. Authorized the City Manager to release the Labor and Material Bond seven (7) months after the filing date; release the Faithful Performance Bond at the conclusion of the one-year warranty period; and release the retention monies 35 days after the Notice of Completion filing date. 8. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STV CONSTRUCTION - Public Services Department/Engineering Division ACTION: 1. City Council authorized the City Attorney to prepare an amendment to the Professional Services Agreement (PSA) with STV Construction, Inc., 1055 West r Street, Suite 2900, Los Angeles, CA 90017, increasing the maximum compensation by $90,000 for construction management services for the Lions Park Projects, for a total not -to -exceed amount of $2,984,056.21. 2. Authorized the City Manager and the City Clerk to execute the amendment. 9. OPERATIONAL AREA AGREEMENT JURISDICTION APPROVAL Police Department ACTION: City Council approved the Operational Area (OA) Agreement and authorized submittal of the approved Operational Area Agreement to the County of Orange. Minutes — Regular Meeting — March 16, 2021 — Page 6 UNOFFICIAL UNTIL APPROVED ITEMS PULLED FROM THE CONSENT CALENDAR 6. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT AND ADAMS AVENUE BICYCLE FACILITY PROJECT Public Services Department/Transportation Division Staff presentation by Ms. Rosales, Transportation Services Manager. Discussion ensued on design review and community engagement. Public Comments: David Martinez Ibarra, spoke on the design, bike lanes, slip lanes, and cross walks. Cynthia McDonald, spoke on the active transportation plan, the design of the project, and slip lanes. MOVED/SECOND: Council Member Reynolds/Mayor Pro Tern Marr MOTION: Approve recommended actions and request that community engagement is done early enough to incorporate the design considerations as appropriate into the final design. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 ACTION: 1. City Council awarded a Professional Services Agreement (PSA) to KOA Corporation for the design of the Adams Avenue and Pinecreek Drive Intersection Project (Federal Project No. CML-5312(104)) in the amount of $110,787.03, in substantially the form as attached and in such final form as approved by the City Attorney, and authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement. 2. Awarded a Professional Services Agreement (PSA) to KOA Corporation for the design of the Adams Avenue Bicycle Facility Project in the amount of $132,547, in substantially the form as attached and in such final form as approved by the City Attorney, and authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement. 3. Approved the establishment of the Adams Avenue Bicycle Facility Project. Minutes — Regular Meeting — March 16, 2021 — Page 7 UNOFFICIAL UNTIL APPROVED 4. Approved a Cooperative Agreement between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) for the Adams Avenue and Pinecreek Drive Intersection Project, and authorize the City Manager and the City Clerk to accept minor changes and execute the cooperative agreement and future amendments to the agreement. 5. Approved the funding agreement between the City of Costa Mesa and the Coast Community College District for the Adams Avenue and Pinecreek Drive Intersection Project and the Adams Avenue Bicycle Facility Project. 10. DELEGATION OF AUTHORITY TO CITY MANAGER AND CITY ATTORNEY REGARDING NUISANCE ABATEMENT ACTIONS — City Manager's Office Staff presentation by Ms. Hall Barlow, City Attorney. Public Comments: Mary Helen Beatificato spoke on the item. Autumn Elliott spoke on the item. Austin Haubenschild spoke on the item. Carly Telenko spoke on the item. MOVED/SECOND: Mayor Foley/Council Member Chavez MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 ACTION: City Council delegated authority to the City Manager and the City Attorney to authorize nuisance abatement actions against operators of "sober living" group homes who are already engaged in pending litigation with the City. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- City Council recessed into a break at 8:46 p.m. City Council reconvened at 8:58 p.m. PUBLIC HEARINGS: NONE Minutes — Regular Meeting — March 16, 2021 — Page 8 UNOFFICIAL UNTIL APPROVED OLD BUSINESS: NONE NEW BUSINESS: 1. REQUEST COUNCIL DIRECTION FOR THE RENAMING OF CIVIC CENTER PARK, 111 FAIR DRIVE — Parks and Community Services Department Staff presentation by Mr. Minter, Parks and Community Services Director. Public Comments: None. MOVED/SECOND: Mayor Foley/Council Member Gameros MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 ACTION: 1. City Council waived the "City Parks and Facilities Naming Policy" requirement for the naming of a Park and/or facility. 2. Renamed the Civic Center Park, located at 111 Fair Drive at the comer of Fair Drive and Vanguard Way, in honor of retired Costa Mesa Police Chief Roger Neth. 3. Authorized the City Manager or designee to appropriate and execute any and all actions necessary to purchase and install the signage. 2. ARTS AND CULTURE MASTER PLAN Parks and Community Services Department Staff presentation by Mr. Minter, Parks and Community Services Director and Mr. Stein, Consultant, Arts of Orange County. Discussion ensued on the differences between an Arts Commission and the current Cultural Arts Committee, including more cultural history into the plan, collaborating with Coastline Community College, including diversity, the budget plan, and spending per capita in other communities. Minutes — Regular Meeting — March 16, 2021 — Page 9 UNOFFICIAL UNTIL APPROVED Public Comments: Andrew Nelson spoke in support of the item. Wendy Leece spoke in support of the item and requested that the Finance and Pension Advisory Committee review the budget portion on the item and be allowed to make recommendations. Charlene Ashendorf spoke in support of the item. John Forsyte spoke in support of the item and utilizing COVID-19 relief funds for the Arts. David Martinez Ibarra spoke in support of the item, requested more murals in areas where the public are biking and walking, and spoke on updating the city flag and seal. Speaker spoke on including the founding of the Costa Mesa Art League and freedom of expression. Steven Chan spoke on the Dolly Parton mural. MOVED/SECOND: Mayor Pro Tem Marr/Mayor Foley MOTION: Accept the Arts and Culture Master Plan as written with the addition of the historical references as discussed. Mayor Pro Tem Marr and Mayor Foley spoke in favor of the motion. Council Member Reynolds requested to include an objective honoring and celebrating ethnic diversity. Mayor Pro Tem Marr and Mayor Foley agreed to the addition. MOVED/SECOND: Mayor Pro Tem Marr/Mayor Foley MOTION: Accept the Arts and Culture Master Plan as written with the additions of the historical references discussed and including an objective honoring and celebrating ethnic diversity. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 ACTION: City Council approved and adopted the Arts and Culture Master Plan as written with the additions of the historical references discussed and including an objective honoring and celebrating ethnic diversity. Minutes — Regular Meeting — March 16, 2021 — Page 10 UNOFFICIAL UNTIL APPROVED 3. COVID-19 HOMELESS PREVENTION AND STREET OUTREACH SERVICES, AND FOOD ASSISTANCE PROGRAMS — City Manager's Office/ Executive Director's Office Staff presentation by Ms. Price, Assistant City Manager. Public Comments: Ian Stevenson, Trellis, spoke in support of the item. Brad Fieldhouse, City Net, spoke on the item and thanked City Council. MOVED/SECOND: Mayor Pro Tern Marr/Council Member Chavez MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: None Absent: None Motion carried: 7-0 ACTION: 1. City Council and the Housing Authority Board of Directors authorized the City Manager/Executive Director to execute agreements for Community Development Block Grant — Coronavirus (CDBG-CV) funding combined from Round 1 ($122,382) and Round 3 ($160,000), each for a term of one year, with the option of a one year, no fee extension, at the discretion of the City Manager, with the following two vendors: a. Kingdom Causes Inc., dba City Net in an amount not to exceed $192,000 for the Afterhours Street Outreach program; and b. Trellis in an amount not to exceed $90,382 for the Innovative Street Outreach and Lifeskills Program. 2. Authorized release a new bid of the $177,382 homeless prevention/food assistance funds to consider all eligible CDBG CV activities to effectively address impacts to low and moderate income households in Costa Mesa. 4. FRONTLINE GROCERY WORKERS HAZARD PAY — City Manager's Office Staff presentation by Ms. Hall Barlow, City Attorney and Ms. Farrell Harrison, City Manager. Discussion ensued on the number of stores and employees. Minutes — Regular Meeting — March 16, 2021 — Page 11 UNOFFICIAL UNTIL APPROVED Public Comments: Speaker, spoke in support of the item. Nick Buro, spoke against the item. Speaker, spoke in support of the item. Hengameh Abraham, Costa Mesa, spoke on pharmacy technicians needing the hazard pay instead of grocery workers, and to do more research. Steven Chan, Costa Mesa, spoke against the Smart n Final store receiving the extra pay. Ben Chapman, Costa Mesa, spoke in opposition of the item and to deal with the health crisis first. Tom Pollitt, Costa Mesa, spoke in opposition of the item. David Ibarra, spoke in support of the item. Wendy Leece, Costa Mesa, spoke in opposition of the item. Speaker, spoke in support of the item. Speaker, spoke in support of the item. Speaker, spoke in support of the item. Speaker, spoke in support of the item. MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Approve recommended actions. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: Council Member Harper Absent: None Motion carried: 6-1 ACTION: City Council adopted Urgency Ordinance No. 2021-05 requiring local grocery stores and retail drug stores to provide hazard pay to their frontline employees for 120-day period during the COVID-19 pandemic. Minutes — Regular Meeting — March 16, 2021 — Page 12 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Mayor Pro Tern Marr/Mayor Foley MOTION: Extend the meeting past midnight. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tern Marr, and Mayor Foley. Nays: Council Member Harper Absent: None Motion carried: 6-1 5. VACANCY IN ELECTED MAYORAL POSITION — City Manager's Office Staff presentation by Ms. Hall Barlow, City Attorney. Public Comments: Hengameh Abraham, Costa Mesa, spoke on appointing someone who ran in the mayoral campaign, appointing Sandy Genis, or someone who has held the office of mayor previously. Adam Ereth, Costa Mesa, spoke in support of John Stephens. Ben Chapman, Costa Mesa, spoke in support on Sandy Genis. Tom Johnson spoke in support of John Stephens. Tom Pollitt, Costa Mesa, spoke on not appointing someone who lost an election. Jay Humphrey, Costa Mesa, spoke on an elected mayor by the people. Steven Chan, Costa Mesa, spoke on the appointment process. Ralph Taboada, Costa Mesa, spoke in support of John Stephens. Speaker, spoke on the people being able to vote for their mayor and having another elected mayor. Cynthia McDonald, Costa Mesa, spoke in support of an appointment process and taking applications. Cassius Rutherford, Costa Mesa, spoke in support of John Stephens. Robert Morse, Costa Mesa, spoke in support of an appointment process and taking applications. David Ibarra, Costa Mesa, spoke in support of an appointment process and not taking the 2nd highest votes. Minutes — Regular Meeting — March 16, 2021 — Page 13 UNOFFICIAL UNTIL APPROVED Speaker, spoke in support of a special election. MOVED/SECOND: Council Member Chavez/Council Member Gameros MOTION: Appoint John Stephens as Mayor effective upon Mayor Foley's oath of office to the Orange County Board of Supervisors position. Discussion ensued on the costs of holding a special election, supporting John Stephens, supporting an application process, and the government code on appointing a new mayor. SUBSTITUTE MOTION/SECOND: Council Member Reynolds/ Council Member Harper SUBSTITUTE MOTION: Open up an appointment process using the schedule that staff recommended in the staff report. The motion failed by the following roll call vote: Ayes: Council Member Reynolds and Council Member Harper. Nays: Council Member Chavez, Council Member Gameros, Council Member Harlan, and Mayor Pro Tern Marr. Absent: None Abstain: Mayor Foley. Motion failed: 2-4-1 MOVED/SECOND: Council Member Chavez/Council Member Gameros MOTION: Appoint John Stephens as Mayor effective upon Mayor Foley's oath of office to the Orange County Board of Supervisors position. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, and Mayor Pro Tern Marr. Nays: Council Member Harper. Absent: None Abstain: Mayor Foley. Motion carried: 5-1-1 ACTION: Pursuant to Government Code Section 34902(a), City Council appointed John Stephens to the position of Mayor, effective upon Mayor Foley's oath of office to the Orange County Board of Supervisors. ADDITIONAL COUNCIUBOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Mayor Foley spoke on wishing for the Fish Fry and parade to return in September. ADJOURNMENT — Mayor Foley adjourned the meeting at 12:35 a.m., March 17, 2021 in memory of Huy Pham. Minutes — Regular Meeting — March 16, 2021 — Page 14 UNOFFICIAL UNTIL APPROVED Minutes adopted on this 6th day of April, 2021. John Stephens, Mayor ATTEST: Brenda Green, City Clerk Minutes — Regular Meeting — March 16, 2021 — Page 15