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HomeMy WebLinkAbout01/03/2017 - City Council-Housing Authority-Successor Agency MeetingMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY January 3, 2017 CALL TO ORDER The Special Closed Session meeting was called to order by the Mayor at 3:36 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Present: Council Member Mansoor, Council Member Righeimer (arrived at 3:50 p.m.), Council Member Stephens, Mayor Pro Tem Genis (arrived at 3:42 p.m.), and Mayor Foley. Absent: None PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS: Speaker, spoke on Closed Session item #8. SPECIAL CLOSED SESSION 1. Conference with legal counsel regarding existing litigation: City of Costa Mesa, a municipal corporation, et al., v. Civic Center Barrio Housing, Orange County Superior Court Case No. 30-2014-00715552-CU-BC-CJC, pursuant to California Government Code Section 54956.9(d)(1). 2. Conference with legal counsel regarding existing litigation: Gosson v. City of Costa Mesa, et al., Orange County Superior Court Case No. 30-2015-00816221- CU-PO-CJC, pursuant to California Government Code Section 54956.9(d)(1). 3. Conference with legal counsel regarding existing litigation: AmeriCare MedServices, Inc. v. City of Costa Mesa and CARE Ambulance Service, Inc., United States District Court, Central District of California, Case No. 8:16-cv- 01804-AG-SK, pursuant to California Government Code Section 54956.9(d)(1). 4. Conference with legal counsel regarding existing litigation: Ming Cheng Chen; Hsiang Chu Shih Chen v. City of Costa Mesa, United States District Court, Central District of California, Case No. 8:16-cv-01624-JCG, pursuant to California Government Code Section 54956.9(d)(2). Minutes — Regular Meeting — January 3, 2017 - Page 1 5. Conference with legal counsel regarding existing litigation: City of Costa Mesa, et al., v. New Harbor Inn, an unincorporated entity, et al., Orange County Superior Court of California, Case No. 30-2016-00848149-CU-OR-CJC, pursuant to California Government Code Section 54956.9(d)(1). 6. Conference with legal counsel regarding existing litigation: The Kennedy Commission, et al vs. City of Costa Mesa, Superior Court of California, County of Orange, Case No. 30-2016-00832585-CU-WM-CJC, pursuant to California Government Code Section 54956.9(d)(1). 7. 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)(1). 8. Conference with legal counsel regarding existing litigation: Yellowstone Women's First Step House, Inc., and Sober Living Network, Inc. v. City of Costa Mesa; U.S. District Court, Central District of California Case No. SACV14-01852 JVS, pursuant to California Government Code Section 54956.9(d)(1). 9. Conference with legal counsel regarding anticipated litigation, significant exposure to litigation, pursuant to California Government Code Section 54956.9(d)(2) for 2 potential cases. 10.Conference with legal counsel regarding anticipated litigation, initiation of litigation, pursuant to California Government Code Section 54956.9(d)(4) for 1 potential case. Mayor Pro Tem Genis recused herself from Closed Session item #1 due to a potential conflict of interest. The City Council reconvened at 6:02 p.m. Minutes — Regular Meeting — January 3, 2017 - Page 2 CALL TO ORDER (00:00:19) The meeting was called to order by the Mayor at 6:02 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. PLEDGE OF ALLEGIANCE (00:00:35) Mayor Pro Tem Genis MOMENT OF SOLEMN EXPRESSION (00:01:00) Deacon Tim Donovan, Saint Joachim Catholic Church, Costa Mesa ROLL CALL (00:04:13) Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Absent: None Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Richard Francis, Assistant Chief Executive Officer Tamara Letourneau, Development Services Department Consultant Jay Trevino, Interim Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:04:31) City Attorney Duarte reported on Closed Session item# 6 in which the City Council provided direction to legal counsel authorizing dismissal of Costa Mesa's pending appeal and the main legal action remains active and will proceed in Superior Court. i COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) Mayor Foley had communications with the members of the bargaining unit to discuss operational matters and equipment needs. (00:05:27) ANNOUNCEMENTS (00:05:42) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PUBLIC COMMENTS (00:07:28) Cindy Black, Costa Mesa, spoke on the Banning Ranch Conservancy v. the City of Newport Beach hearing on January 4, 2017. (00:08:06) Gary Parkin, Costa Mesa, spoke on the unfunded pension liability. (00:10:18) Minutes — Regular Meeting — January 3, 2017 - Page 3 Sue Lester, Costa Mesa, spoke regarding an ethics policy. (00:11:14) Georgette Quinn, Costa Mesa, spoke on the noise from the Santa Ana River dredging project. (00:12:39) Susan Shaw, Costa Mesa, spoke on the Care Ambulance contract. (00:16:49) Wendy Leece, Costa Mesa, spoke on the noise from the Santa Ana River dredging project and provided contact numbers. (00:18:29) Jay Humphrey, Costa Mesa, spoke on fireworks; car carriers blocking bike lanes on Merrimac; and the Cadillac dealership wall. (00:20:17) Speaker, spoke on the fundraiser for Standing Rock. (00:23:32) Robin Leffler, Costa Mesa, spoke on speaker cards for public comments; requested ABLE and canine units be brought back. (00:25:31) Speaker, requested an objective study on parking needs in the city and a moratorium on variances. (00:28:17) Karl Ahlf, Costa Mesa, spoke on illegal fireworks and raising the fees. (00:30:50) Speaker, requested eliminating the small lot ordinance; spoke on the districting measure; a moratorium on sober living houses; and Dr. Phil's advertising. (00:32:51) Ralph Taboada, Costa Mesa, spoke on the budget surplus and the unfunded pension liability; and postponing certain CIP projects and diverting the money to the fire station. (00:35:44) Speaker, spoke on inclusiveness; political forums outside the City Council Chambers; open houses and availability of City Council agendas. (00:38:20) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (00:41:41) Mayor Pro Tem Genis spoke on inclusiveness; car carriers blocking the street; her upcoming workshop on infrastructure; and Dr. Phil's advertisement. (00:41:46) Council Member Stephens spoke on the City of EI Monte pensions; thanked citizens for their engagement; spoke on his upcoming community discussion on fireworks; Snoopy House and its financial aspects; providing information on pending cases; and the possibility of a float for the Rose Parade. (00:43:55) Council Member Righeimer spoke on the City of Costa Mesa pensions. (00:47:41) Minutes — Regular Meeting — January 3, 2017 - Page 4 Council Member Mansoor thanked citizens for their engagement; spoke on the dredging of the river trails; car carriers unloading on Merrimac street; contacting him with any concerns; the unfunded pension liability; and responding to citizen comments. (00:53:35) Mayor Foley spoke on public comments process; productive dialogue; thanked staff for Snoopy House; shopping at South Coast Plaza; potential training facility and headquarters of San Diego Chargers in Costa Mesa; the transport model; and her office hours at City Hall every Friday from 10:00 a.m.-12:00 p.m. (00:56:35) REPORT — CITY MANAGER (01:02:00) City Manager Hatch spoke on supporting the new City Council; and a new tracking sheet. CONSENT CALENDAR: (01:03:38) MOTION: Approve recommended actions for Consent Calendar item nos. 1 through 6 except for 3 and 4. MOVED/SECOND: Mayor Pro Tem Genis/Council Member Righeimer The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, Council Member Righeimer, and Council Member Stephens Nays: None Absent: None Motion carried: 5-0 1. READING FOLDER Claims received by the City Clerk: Juanita J. Alboney and Barbara D. Tracy. ACTION: City Council received and filed. 2. WARRANT RESOLUTION NO. 2568 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 16-24 "A" FOR $2,402.26, 16-25 FOR $2,144,079.66, 16-25 "A' FOR $-0.25, AND 16-26 FOR 2,236,423.48; AND CITY OPERATING EXPENSES FOR $2,920,492.00; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID - ACTION: City Council approved Warrant Resolution No. 2568. Minutes — Regular Meeting — January 3, 2017 - Page 5 5. RECOMMENDED ACCEPTANCE AND ALLOCATION OF THE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS ACTION: 1. City Council approved staff's recommendation to allocate 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) funds to the Police Department's operating budget; and 2. Approved the budget adjustment (BA #17-006) to increase revenue and appropriations in the JAG fund, and allocate funds as follows: • Electronic Citation (E -Citation) System Upgrade - $20,004.53. 6. AWARD PROCUREMENT AND INSTALLATION OF WORKSTATIONS AND FURNITURE FOR 4T" FLOOR REMODEL ACTION: City Council authorized the City Manager to execute a purchase order with Culver - Newlin for the procurement and installation of office workstations and furniture in the amount of $153,099 to remodel a large portion of the 4th Floor of City Hall. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:04:58) 1. AN URGENCY ORDINANCE TO ADOPT CODE AMENDMENT CO -16-006: AN AMENDMENT TO TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATED TO CULTIVATION OF MARIJUANA AND/OR MEDICAL MARIJUANA (01:05:12) Jay Trevino, Development Services Department Consultant, presented the Staff Report. (01:06:04) No public comments on the item. MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, Council Member Righeimer, and Council Member Stephens Nays: None Absent: None Motion carried: 5-0 ACTION: City Council introduced and adopted Urgency Ordinance 17-01, to be read by title only, and further reading waived, to adopt Code Amendment CO -16-006 amending Costa Mesa Municipal Code Title 13, Article 20 of Chapter IX, Special Land Use Regulations. Minutes — Regular Meeting — January 3, 2017 - Page 6 2. REVIEW OF PLANNING APPLICATION PA -16-55 FOR HOLIDAY (FORMERLY LION'S DEN AND MAISON) (01:09:01) Minoo Ashabi, Principal Planner, presented the Staff Report. (01:09:20) Karen Martin, consultant to Holiday, provided a Power Point presentation. (01:17:00) Michael Cho, attorney with Palmieri Tyler, LLP, spoke on the ABC law and jurisdiction. (01:38:34) Discussion ensued on noise level, ABC penalties, and code enforcement complaints. (01:47:10) Gary Hardesty, of Sound Media Fusion, spoke on acoustics, frequencies, and noise control. (01:57:06) Public Hearing Opened. Mr. Chan, Costa Mesa, spoke against the Conditional Use Permit (CUP). (02:07:31) Paul Dumay, Costa Mesa, spoke in favor of the CUP. (02:10:31) Tom Johnson, President of Costa Mesa Chambers of Commerce, spoke in favor of the CUP. (02:11:33) Debbie Leadon, Costa Mesa, spoke in favor of the CUP. (02:13:16) Cindy Black, Costa Mesa, spoke against the CUP. (02:15:31) Doe Irving, Costa Mesa, spoke in favor of the CUP. (02:18:27) Richard Cantrell, Costa Mesa, spoke in favor of the CUP. (02:21:41) Larry Michaels, spoke in favor of the CUP. (02:22:58) Steve Warr, Costa Mesa, spoke against the CUP. (02:24:14) Robin Leffler, Costa Mesa, spoke in support of the project provided there is no noise leakage and the conditions of approval include protections for neighbors. (02:27:20) Speaker, Costa Mesa, spoke in favor of the CUP. (02:29:29) Minutes — Regular Meeting — January 3, 2017 - Page 7 Jay Humphrey, Costa Mesa, spoke on low density sound and the addition of conditions of approval in the CUP. (02:30:47) Shantay McAllie, Costa Mesa, spoke in favor of the CUP. (02:33:53) Patrick Kelly, Costa Mesa, spoke in support of the venue and the jobs and suggested a temporary CUP. (02:36:15) Speaker, Costa Mesa, spoke against the CUP. (02:37:45) Rob Arrellano, Costa Mesa, one of the four operating partners of Holiday, spoke on the mitigation measures completed to address the sound issues. (02:40:34) Discussion ensued on a sound study within people's homes, lower objective noise measurements, proposed hours of operation, and low frequency noise. (02:43:41) Speaker, Costa Mesa, spoke against the CUP. (02:52:07) Wendy Leece, Costa Mesa, spoke against the CUP. (02:55:52) Speaker, spoke against the CUP. (02:58:34) Gay Royer, Costa Mesa, spoke on live music and Mr. Hardesty's mitigation efforts. (02:59:10) Ricardo Barrientos, Costa Mesa, spoke in favor of the CUP. (03:00:32) Reggie Mundekis, inquired on the venue's permit to have live entertainment until 2 a.m. and suggested an earlier end time; and spoke on EDM music. (03:01:23) Mrs. Chen, Costa Mesa, spoke against the CUP. (03:03:49) Speaker, Costa Mesa, inquired on lowering the decibel level, removal of the vibration instrument after 10 p.m., and insulating the houses. (03:07:18) Arlis Reynolds, Costa Mesa, spoke against the CUP. (03:08:40) Tamar Goldmann, Costa Mesa, spoke against the CUP. (03:09:46) Larry Smith, landlord of the location, spoke on live entertainment; and spoke on the Holiday business as good tenants. (03:12:10) Speaker, spoke against the CUP. (03:15:14) Minutes — Regular Meeting — January 3, 2017 - Page 8 Discussion ensued on low frequency noise and live music versus DJ (EDM) music; and mitigation measures. (03:17:00) Public Hearing Closed. Discussion ensued on the calls for service and additional conditions of approval. (03:33:00) MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley MOTION: To approve the CUP as proposed with additional Conditions of Approval as adopted under Resolution 17-03. The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, and Council Member Stephens Nays: Council Member Righeimer Absent: None Motion carried: 4-1 ACTION: City Council approved the CUP as proposed with additional Conditions of Approval as adopted under Resolution 17-03. City Council recessed into a break at 9:54 p.m. City Council reconvened at 10:06 p.m. 3. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM Raja Sethuraman, Interim Public Services Director, presented the Staff Report. (03:52:08) Discussion ensued on fees and the study. (03:54:40) Public Hearing Opened. Rick Huffman, Costa Mesa, spoke on the fee compared to other cities. (03:58:45) Public Hearing Closed. Minutes — Regular Meeting — January 3, 2017 - Page 9 MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, Council Member Righeimer, and Council Member Stephens Nays: None Absent: None Motion carried: 5-0 ACTION: City Council adopted Resolution 17-02 to approve the recommendations by the Traffic Impact Fee Ad Hoc Committee and staff as follows: 1. Continue the current traffic impact fee of $181 per Average Daily Trip (ADT); and 2. Continue the incentive program for new developments by assessing traffic impact fees on an incremental basis for the first 100 trips; and 3. Approve the annual accounting of the Citywide Traffic Impact Fee Program. Mayor Foley requested to include an analysis of Bikeway and Walkability Committee as part of the study. (04:00:00) Council Member Stephens requested a comparison to other cities. (04:00:30) OLD BUSINESS: NONE NEW BUSINESS: 1. FIRST READING OF ORDINANCE 17-02 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA MUNICIPAL CODE SECTIONS 2-97 and 2-101 CHANGING THE TITLE OF CHIEF EXECUTIVE OFFICER TO CITY MANAGER AND ASSISTANT CHIEF EXECUTIVE OFFICER TO ASSISTANT CITY MANAGER (04:01:10) Ashley Garcia, Management Analyst, presented the Staff Report. (04:01:43) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of the item. (04:03:19) Beth Refakes, Costa Mesa, inquired on the cost to implement the change. (04:03:42) Robin Leffler, Costa Mesa, spoke in support of the item. (04:04:16) Minutes — Regular Meeting — January 3, 2017 - Page 10 Karl Ahlf, Costa Mesa, spoke in support of the item. (04:05:22) Public Comments closed. Discussion ensued on the cost to implement the change. (04:05:52) Council Member Righeimer spoke on changing the title to CEO. (04:05:52) MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, and Council Member Stephens Nays: Council Member Mansoor and Council Member Righeimer Absent: None Motion carried: 3-2 ACTION: City Council gave first reading to Ordinance 17-02, to be read by title only, and further reading waived, amending sections 2-97 and 2-101 of the Costa Mesa Municipal Code to remove references to the Chief Executive Officer and Assistant Chief Executive Officer and change the titles to City Manager and Assistant City Manager respectively. 2. MODIFICATIONS TO ORDER OF BUSINESS, PUBLIC COMMENTS AND CONSENT CALENDAR ON THE CITY COUNCIL AGENDA; AND SETTING THE COMMENCEMENT TIME FOR CLOSED SESSION AND CITY COUNCIL MEETINGS (04:09:00) Brenda Green, City Clerk, presented the Staff Report. (04:09:20) Public Comments: Karl Ahlf, Costa Mesa, spoke in support of the item. (04:11:46) Steven Chan, Costa Mesa, spoke in support of the item and requested clarification on members of the public wishing to issue a challenge to a council member for recusal on a matter. (04:12:49) Beth Refakes, Costa Mesa, spoke in support of the item except for moving the Council comments at the end of the meeting. (04:14:56) Speaker, spoke in support of the item. (04:16:41) Jay Humphrey, Costa Mesa, spoke in support of the item. (04:17:22) Mayor Foley, addressed the concerns regarding public comments. (04:17:35) Minutes — Regular Meeting — January 3, 2017 - Page 11 Council Member Mansoor supports the Resolution but supports keeping Council Members' Reports, Comments, and Suggestions to immediately follow Public Comments. (04:18:32) MOVED/SECOND: Council Member Mansoor/Council Member Righeimer MOTION: To approve the recommended action with one change of keeping Council Members' Reports, Comments and Suggestions to immediately follow Public Comments. Council Member Righeimer supports keeping Council Members' Reports, Comments, and Suggestions to immediately follow Public Comments. (04:18:32) Mayor Foley suggested Council Members' comments be limited to three minutes following public comments. (04:24:34) Mayor Pro Tem Genis spoke on compliance with the Brown Act. (04:25:53) Council Member Stephens spoke on City Manager and City Attorney reports. (04:27:13) Council Member Righeimer spoke on four minutes for Council Members' comments. (04:29:05) ACTION: City Council adopted Resolution No. 17-01 with the following changes: Council Members' Reports, Comments and Suggestions to immediately follow Public Comments and limited to 4 minutes each at the beginning and additional comments at the end without a time restriction. 3. COMMISSIONERS RELEASE FROM APPOINTMENT ON THE PLANNING COMMISSION, SENIOR COMMISSION, AND PARKS AND RECREATION COMMISSION (04:31:30) Brenda Green, City Clerk, presented the Staff Report. (04:31:44) Public Comments: Speaker, Costa Mesa, spoke in support of the item. (04:33:49) Rick Huffman, Costa Mesa, spoke in support of the item. (04:36:29) Flo Martin, Costa Mesa, spoke against the item. (04:37:23) Beth Refakes, Costa Mesa, spoke against the item. (04:38:56) Minutes — Regular Meeting — January 3, 2017 - Page 12 Gary Parkin, Costa Mesa, spoke against the item. (04:40:41) Robin Leffler, Costa Mesa, spoke in support of the item. (04:41:16) Speaker, Costa Mesa, recommended balance between the West side and East side. (04:42:45) Cindy Brenneman, Costa Mesa, spoke in support of the item. (04:45:09) Arlis Reynolds, Costa Mesa, spoke on outreach to increase resident participation and the selection process. (04:45:56) Speaker, spoke on diversity and selecting qualified people. (04:48:09) MOTION/SECOND: Council Member Mansoor/Council Member Righeimer MOTION: To let the terms expire naturally. SUBSTITUTE MOTION/SECOND: Council Member Stephens/Mayor Foley SUBSTITUTE MOTION: To approve the recommended actions and include that each Council Member identify up to three of their top choices to interview for each commission. The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, and Council Member Stephens Nays: Council Member Mansoor and Council Member Righeimer Absent: None Motion carried: 3-2 ACTION: 1. City Council authorized the release of the appointment of commissioners whose terms expire in 2019 and 2021, effective January 4, 2017; and 2. Directed the City Clerk to post the special vacancy notices pursuant to GC §54974(a), and to proceed with a recruitment for new commissioners; and 3. Scheduled a Special Meeting on Tuesday, January 24, 2017 to interview the applicants; and 4. Scheduled a Special Meeting on Tuesday, January 31, 2017, to complete the interview of applicants and to make the appointments to the commissions; and 5. Include each Council Member identify up to three of their top choices to interview for each commission. Minutes — Regular Meeting — January 3, 2017 - Page 13 4. FIRE STATION #6 AND RELATED STAFFING (05:10:42) Chief Stefano presented the Staff Report. (05:11:07) Discussion ensued on the cost comparison, calls received in Costa Mesa vs. Santa Ana, and the Orange County Fire Authority. (05:18:23) Public Comments: Flo Martin, Costa Mesa, spoke in support of the item. (05:40:33) Jay Humphrey, Costa Mesa, spoke in support of the item. (05:41:22) MOTION: Continue the meeting past midnight. MOVED/SECOND: Mayor Foley/Mayor Pro Tem Genis The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, Council Member Righeimer, and Council Member Stephens Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved to continue the meeting past midnight. Public Comments continued. Cindy Brenneman, Costa Mesa, spoke in support of the item. (05:43:57) Ralph Taboada, Costa Mesa, spoke in support of the item but conscious of pension costs. (05:44:32) Robin Leffler, Costa Mesa, spoke in support of the item. (05:47:45) Public Comments closed. Council Member Righeimer spoke in opposition to the motion. (05:53:00) Council Member Mansoor spoke in opposition to the motion. (05:55:35) Mayor Foley spoke in support of the motion. (05:56:37) Mayor Pro Tem Genis spoke in support of the motion. (05:57:23) Minutes — Regular Meeting — January 3, 2017 - Page 14 MOVED/SECOND: Mayor Pro Tem Genis/Council Member Stephens The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, and Council Member Stephens Nays: Council Member Mansoor and Council Member Righeimer Absent: None Motion carried: 3-2 ACTION: 1. City Council formally authorized and approved the recommendation to keep Fire Station #6 open; and 2. Formally authorized and approved a total of six sworn positions for the Fire & Rescue Department which are currently being filled with overtime personnel, including: a. Three Fire Captain positions b. Three Firefighter positions ITEMS REMOVED FROM THE CONSENT CALENDAR 3. MINUTES OF THE REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF DECEMBER 6, 2016 (05:59:39) Public Comments: Robin Leffler, Costa Mesa, spoke on removing the agave and roses from the Mesa Verde mediums plant recommendations. (05:59:53) MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis MOTION: To continue the item to the January 17, 2017 City Council meeting. The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, and Council Member Righeimer Nays: None Absent: None Abstain: Council Member Mansoor and Council Member Stephens Motion carried: 3-0-0-2 ACTION: City Council continued the item to the January 17, 2017 City Council meeting. Minutes — Regular Meeting — January 3, 2017 - Page 15 4. PURCHASE FOR FABRICATION OF AN ARBOR AT PINKLEY PARK (06:03:10) MOVED/SECOND: Mayor Foley/Council Member Mansoor The motion carried by the following roll call vote: Ayes: Mayor Foley, Mayor Pro Tem Genis, Council Member Mansoor, Council Member Righeimer, and Council Member Stephens Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved and authorized the City Manager to execute a purchase order with Coast Recreation Inc., 3151 Airway Avenue, #A-3, Costa Mesa, CA, for the fabrication of an arbor located at Pinkley Park, in the amount of $64,982.00. REPORT — CITY ATTORNEY City Attorney Duarte stated a litigation log will be prepared and posted on the city website. ADJOURNMENT — The Mayor adjourned the meeting at 12:18 a.m. Minutes adopted on this 21St day of March, 2017. IGraI Brenda Green, Oty Clerk Minutes — Regular Meeting — January 3, 2017 - Page 16