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HomeMy WebLinkAbout11/07/2017 - City Council and Successor AgencyMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY NOVEMBER 7, 2017 CALL TO ORDER The Closed Session was called to order by the Mayor at 5:02 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California ROLL CALL Present: Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Absent: Council Member Mansoor PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE The City Council recessed to Conference Room 5A at 5:03 p.m. for Closed Session to consider the following items: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Subdivision (b)(1) of Section 54957, California Government Code Title: City Manager 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Subdivision (b)(1) of Section 54957, California Government Code Title: City Attorney 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: Timothy Dadey, et al. v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2014-00757962-CU-CR-CJC. 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Subdivision (d)(1) of Section 54956.9, California Government Code Name of Case: The Kennedy Commission, et al. v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2016-00832585-CU-WM-CJC. The City Council reconvened at 6:03 p.m. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 1 CALL TO ORDER (00:00:07) The meeting was called to order by the Mayor at 6:03 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. NATIONAL ANTHEM (00:00:51) Mrs. McVeigh's First Grade Class, Sonora Elementary School PLEDGE OF ALLEGIANCE (00:03:46) Council Member Mansoor MOMENT OF SOLEMN EXPRESSION (00:04:08) - Pastor Dave Gundlach, Palm Harvest Church ROLL CALL (00:08:23) Present: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Absent: None Officials Present: City Manager Tom Hatch, City Attorney Thomas Duarte, Assistant City Manager Tamara Letourneau, Development Services Director Barry Curtis, Public Services Director Raja Sethuraman, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:08:38) — NONE COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) (00:08:43) - NONE ANNOUNCEMENTS (00:08:55) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS: (00:11:06) 1. Proclamation — National Nurse Practitioners Week (00:11:08) Mr. Jeffrey Vu, representing the California Association of Nurse Practitioners, received a proclamation from the Mayor declaring the week of November 12th through 18th, as National Nurse Practitioners Week in the City of Costa Mesa. 2. City Manager's Leadership Award (00:15:50) Yvette Aguilar, Senior Program Administrator, was recognized by the City Council for receiving the City Manager's Leadership Award for the month of October, 2017. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 2 PUBLIC COMMENTS (00:19:45) Oli Stegli, Costa Mesa, spoke in support of permit parking on Joann Street and praised the City Council for keeping the streets cleaned. (00:20:05) John Hawley, Costa Mesa, expressed concern on Senate Bill 1069 pertaining to accessory housing units; and supports reviewing the overlay zones. (00:21:31) Donna Becker, Costa Mesa, spoke in support of permit parking on Joann Street and praised the City Council for keeping the streets cleaned. (00:23:10) Terry Koken, Costa Mesa, spoke on various issues. (00:24:23) Tom Pollitt, Costa Mesa, spoke on the unfunded pension liability. (00:28:08) Tim Lewis, Costa Mesa, spoke on a man washing cars illegally; and a City employee painting a wall on private property. (00:30:32) Kim Hendricks, Costa Mesa, spoke on the City Council leadership; and spoke on various issues. (00:32:54) Speaker, spoke on City Council leadership; and various issues. (00:36:01) Sue Lester, Costa Mesa, thanked the City Council for approving the fire contract; spoke on treating people fairly; and transparency on agenda reports. (00:39:42) Anna Vrska, Costa Mesa, spoke on the Costa Mesa Water District public hearing on November 9t" at 6:00 pm regarding water rates increases. (00:39:42) Beth Refakes, Costa Mesa, thanked Mayor Foley and Mayor Pro Tem Genis for the Eastside Listening tour•, and spoke on Sober Living Homes. (00:42:49) Speaker, spoke on the Eastside Listening tour; and spoke on the reconsideration of districting. (00:47:12) Cory Hodges, board member of the Orange County Young Democrats, spoke against the City Council reorganization; and spoke in support of Mayor Foley. (00:49:48) Speaker, thanked Mayor Foley and Mayor Pro Tem Genis for the Eastside Listening tour; and the Sober Living Homes meeting. (00:52:21) Robin Leffler, Costa Mesa, requested an urgency ordinance for a moratorium on the Small Lot Ordinance and overlays. (00:54:39) Speaker, thanked Mayor Foley for the Sober Living Home meeting; and spoke on Sober Living issues and transparency. (00:57:57) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 3 Barrie Fisher, Costa Mesa, spoke on the wall closings on Victoria; and praised the contractor. (01:00:12) Andrea Marr, Costa Mesa, spoke on sober living and homelessness; and the Bikeway and Walkability committee. (01:01:42) COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (01:02:40) Council Member Mansoor requested tracking costs associated with Public Records Requests. (01:02:57) Mayor Foley spoke on the Sober Living Community forum; reporting unsafe conditions; and the Veterans Day events. (01:03:51) Mayor Pro Tem Genis spoke on the Veterans Day events; and donations during the holidays. (01:07:39) Council Member Stephens spoke on thanking the Veterans; reported on his attendance at the Argyos Plaza opening; the fire contract; Sober Living Home issues; and a uniform reporting system for complaints. (01:09:40) Council Member Righeimer spoke on the Church shooting in Sutherland Springs, Texas and adjourning in memory of the victims and their families; and spoke on Sober Living issues. (01:12:41) MOVED/SECOND: Council Member Righeimer/Council Member Mansoor (01:15:40) MOTION: To change the order of business and consider New Business item #3, City Council reorganization first before the Consent Calendar items. MOVED/SECOND: Mayor Pro Tem Genis/Council Member Righeimer (01:17:45) SUBSTITUTE MOTION: To change the order of business and consider the Public Hearing items first followed by New Business item #3 and resume the meeting in order with the Consent Calendar items and the balance of the agenda. Council Member Righeimer withdrew his original motion. (01:18:32) Discussion ensued regarding taking public comments on changing the order of business. (01:18:43) City Council recessed into a break at 7:23 p.m. (01:20:43) City Council reconvened at 7:34 p.m. (01:31:20) Mayor Foley spoke on taking public comments on changing the order of business. (01:31:35) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 4 MOVED/SECOND: Council Member Righeimer/Council Member Mansoor (01:32:30) MOTION: To not take public comments on changing the order of business. Council Member Mansoor withdrew his second. (01:34:40) PUBLIC COMMENTS ON CHANGING THE ORDER OF BUSINESS: Bill McCarty, Costa Mesa, spoke against changing the order of business. (01:34:56) Tim Lewis, Costa Mesa, spoke against changing the order of business. (01:36:32) Terry Koken, Costa Mesa, spoke against changing the order of business. (01:37:07) Robin Leffler, Costa Mesa, spoke against changing the order of business. (01:37:50) Kimberly Clayter, Costa Mesa, spoke against changing the order of business. (01:38:34) Jay Humphrey, Costa Mesa, spoke against changing the order of business. (01:39:36) Mary Howard, Costa Mesa, spoke against changing the order of business. (01:40:54) Jason Webster, Costa Mesa, spoke against changing the order of business. (01:41:40) Megan Morales, Costa Mesa, spoke against changing the order of business. (01:43:17) Wendy Leece, Costa Mesa, spoke against changing the order of business. (01:44:20) Speaker, spoke against changing the order of business. (01:44:52) Speaker, spoke against changing the order of business. (01:45:29) Speaker, spoke against changing the order of business. (01:46:11) Flo Martin, Costa Mesa, spoke against changing the order of business. (01:46:33) Sue Lester, Costa Mesa, spoke on the issue. (01:47:14) Howard Lee, spoke against changing the order of business. (01:47:33) Public Comments Closed. Council Member Stephens spoke on the issue. (01:48:15) Mayor Pro Tem Genis spoke on the issue and withdrew her substitute motion. (01:50:53) Council Member Righeimer withdrew his second on the substitute motion. (01:52:34) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 5 CONSENT CALENDAR (01:52:40) MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis MOTION: Approve recommended actions for all Consent Calendar items. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Nays: None Absent: None Motion carried: 5-0 1. READING FOLDER - Claims received by the City Clerk: Erica Camera, Ryan Earl, Maria Guadalupe Figueroa, and Jay Photoglou/Bright Vehicle Solutions. ACTION: City Council received and filed. 2. WARRANT RESOLUTION NO. 2586 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 17-20 "A" FOR $0; AND 17-21 FOR $2,325,128.09; AND CITY OPERATING EXPENSES FOR $4,217,735.69; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID - Finance Department ACTION: City Council approved Warrant Resolution No. 2586. 3. MINUTES OF THE SPECIAL JOINT STUDY SESSION MEETING OF SEPTEMBER 12, 2017 AND REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETINGS OF OCTOBER 3, 2017 AND OCTOBER 17, 2017 - City Manager's Office/City Clerk Division ACTION: City Council approved the minutes of September 12, 2017, October 3, 2017 and October 17, 2017. 4. SLURRY SEAL PROJECT, CITY PROJECT NO. 15-06 Public Services Department/Engineering Division ACTION: 1. City Council accepted the work performed by American Asphalt South, Inc., and authorized the City Clerk to file the Notice of Completion; and 2. Authorized release of the Labor and Material Bond seven (7) months after the filing date; release of the Faithful Performance Bond one (1) year after the filing date; and release of the retention monies 35 days after the Notice of Completion filing date. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 6 5. DOWNTOWN COSTA MESA GATEWAY LANDSCAPE IMPROVEMENTS, FEDERAL PROJECT NO. STPE-P055 (055), CITY PROJECT NO. 13-06 Public Services Department/Engineering Division ACTION: 1. City Council accepted the work performed by Horizons Construction Co. International, and authorized the City Clerk to file the Notice of Completion; and 2. Authorized release of the Labor and Materials Bond seven (7) months after the filing date; release of the Faithful Performance Bond six (6) months after the filing date; and release of the retention monies 35 days after the Notice of Completion filing date. 6. INSTALLATION OF EMERGENCY GENERATORS AT POLICE FACILITY, FIRE STATION NO. 4 AND CORPORATION YARD — CITY PROJECT NO. 17- 11 - Public Services Department/Engineering Division ACTION: 1. City Council adopted the plans, specifications, and working details for the Installation of Emergency Generators at the Police Facility, Fire Station No. 4 and Corporation Yard — City Project No. 17-11; and 2. Approved Budget Adjustment No. 18-013 in the amount of $90,000 towards the project; and 3. Awarded a construction contract to Global Power Group, Inc., 3309 East Miraloma Avenue, Suite 104, Anaheim, California, 92040, in the amount of $255,000.00; and 4. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. 7. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS16-00268 FOR PARKWAY IMPROVEMENTS AT 1944 CHURCH STREET, COSTA MESA, CALIFORNIA Public Services Department/Engineering Division ACTION: City Council authorized refund of cash deposit in connection with Encroachment Permit No. PSI 6-00268 in the amount of $33,898.25 to OC Infill Partners, 2201 SW Birch Street, Newport Beach, CA 92660. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 7 8. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS16-00722 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION FOR TRACT 17998 LOCATED AT 133-139 EAST 21sT STREET, COSTA MESA, CALIFORNIA Public Services Department/Engineering Division ACTION: City Council authorized release of the Performance and Labor and Material Bonds (Certificate No. 705070S) in the amounts of $494,853.00 each for street improvements and (Certificate No. 705071 S) for setting corner monuments in the amount of $2,000.00 to White-Warmington 21St Street Associates, L.P., a California Limited Partnership (Developer), 3090 Pullman Street, Costa Mesa, CA 92626. 9. AWARD THE SOLE SOURCE PURCHASE OF ONE PIERCE ARROW XT FIRE ENGINE - Public Services Department/Maintenance Services Division/Fire & Rescue Department ACTION: City Council approved and authorized the City Manager to execute a sole source purchase order for one Pierce Arrow -XT Fire Engine from South Coast Fire Equipment, Inc., 2020 South Baker, Ontario, CA 91761, for a total net purchase cost of $703,736.66. ITEMS REMOVED FROM THE CONSENT CALENDAR: NONE PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): (01:53:13) 1. REVIEW OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A MICROBREWERY (BREWING RESERVE OF CALIFORNIA) WITH A TASTING ROOM AND RETAIL SALES AND A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AFTER 11 PM WITHIN 200 FEET OF A RESIDENTIAL ZONE AT 2930 COLLEGE AVENUE, UNIT D (01:53:24) Development Services Department/Planning Division Justin Arios, Assistant Planner, presented the staff report. (01:54:05) Discussion ensued on ancillary vs. primary use to the microbrewery; the tasting room; and employee parking. (02:00:25) Mayor Pro Tem Genis spoke on the land use conversion issue; proximity to the apartments; and no food use. (02:04:22) Applicants Steve and Teryle Aguilar, provided a presentation, spoke on the project and addressed the issues. (02:06:40) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 8 Mario Marovic, Managing Partner of 2930 & 2940 College Avenue, spoke on working with the tenant directly regarding galvanized and corrugated items. (02:16:26) Public Hearing Opened: Terry Koken, Costa Mesa, spoke in support of the project. (02:18:50) Betsy Hawkins, a partner for the property adjacent to the brewery, spoke in opposition to the project. (02:20:35) Robert Beaver, Costa Mesa, spoke in support of the project. (02:26:00) Jim Young, a partner for the property adjacent to the brewery, spoke in opposition to the project. (02:28:18) Tim Lewis, Costa Mesa, spoke in opposition to the project. (02:31:40) Robin Leffler, Costa Mesa, spoke in opposition to the project. (02:33:44) Giovanni Capon, leases a property next door, spoke in support of the project. (02:35:13) Don Fredrickson, Costa Mesa, spoke in opposition to the project. (02:37:15) Troy Shane, a tenant across the street, spoke in support of the project. (02:41:01) Jim Hawkins, Newport Beach, spoke in opposition to the project. (02:42:11) Mario Marovic, spoke in support of the project. (02:45:33) Jay Humphrey, Costa Mesa, spoke in opposition to the project. (02:48:50) Wendy Leece, Costa Mesa, spoke on a vision; setting precedent; and good planning. (02:51:56) Tom Johnson, President of the Costa Mesa Chamber of Commerce, spoke in support of the project. (02:53:38) Howard Lee, Costa Mesa, spoke in support of the project. (02:55:57) Richard Russell, Costa Mesa, spoke in support of the project. (02:57:34) Speaker, spoke in opposition to the project. (03:00:36) Applicants Steve and Teryle Aguilar, spoke on conducting community outreach. (03:02:40) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 9 Council Member Mansoor inquired on adding a six-month review to the Conditions of Approval; and a security plan. (03:04:45) Mr. Aguilar addressed a security plan which included the addition of external lighting, video surveillance system, trained staff on duty, and patrolling of the parking lot; and spoke on accepting a six-month review. (03:06:35) Discussion ensued on a block wall vs. a hedge. (03:09:09) Mayor Pro Tem Genis expressed concern regarding a hedge. (03:10:06) Discussion ensued on ancillary use and MG zone. (03:11:24) Public Hearing Closed. Council Member Mansoor spoke against a block wall. (03:13:00) Council Member Righeimer spoke on the motion. (03:13:40) Council Member Stephens spoke on the removal of galvanized items and a six- month review of the CUP. (03:17:37) Mayor Pro Tem Genis spoke on a designated parking space and implementation of a security plan. (03:18:50) Council Member Stephens spoke in support of the motion. (03:20:55) Mayor Foley spoke in support of the motion. (03:23:03) MOVED/SECOND: Council Member Righeimer/Council Member Mansoor MOTION: To uphold the Planning Commission's decision to approve the Conditional Use Permit (CUP) for a microbrewery (Brewing Reserve of California), with a tasting room by adoption of Resolution No. 17-72 and with the following revisions to the conditions of approval: designation of one parking stall as "10 - minute parking only" with a permanent sign, a six-month review of the CUP after opening if deemed necessary, implementation of a security plan, and removal of the galvanized/corrugated items and barbed wire on top of the block wall. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Nays: None Absent: None Motion carried: 5-0 MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 10 ACTION: City Council upheld the Planning Commission's decision to approve the Conditional Use Permit (CUP) for a microbrewery (Brewing Reserve of California), with a tasting room by adoption of Resolution No. 17-72 and with the following revisions to the conditions of approval: designation of one parking stall as "10 - minute parking only" with a permanent sign, a six-month review of the CUP after opening if deemed necessary, implementation of a security plan, and removal of the galvanized/corrugated items and barbed wire on top of the block wall. 2. REVIEW OF PLANNING APPLICATION PA -17-23 FOR A CONDITIONAL USE PERMIT INCLUDING A MICROBREWERY (SALTY BEAR BREWERY) WITH A TASTING ROOM AND MINOR CONDITIONAL USE PERMITS FOR AN OUTDOOR DINING PATIO AND A DEVIATION FROM PARKING STANDARDS TO MEET PARKING REQUIREMENTS AT 2948 RANDOLPH AVENUE (03:26:10) - Development Services Department/Planning Division Council Member Righeimer spoke on the applicant participating in a parking plan and reciprocal pedestrian access agreement between the properties. (03:26:45) Dan Inloes, Senior Planner, presented the staff report. (03:27:40) Chris Bennett, representing the property owner, spoke on pedestrian connection and reciprocal easement. (03:35:50) Joe Scagliotti, owner of Salty Bear Brewery, spoke on the project. (03:40:50) Public Hearing Opened. Rich Russell, Costa Mesa, spoke in support of the project. (03:45:04) Mike Briggs, Costa Mesa, spoke in support of the project. (03:47:53) Tim Lewis, Costa Mesa, spoke in support of the project. (03:48:37) Speaker, spoke in support of the project. (03:50:11) Margaret Sharp, spoke on parking issues. (03:50:41) Shaheen Sadeghi, property owner, spoke in support of the owner and spoke on the easement. (03:52:08) Discussion ensued on obtaining a parking easement and a parking plan. (03:53:50) Public Hearing Closed. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 11 MOVED/SECOND: Council Member Righeimer/Council Member Mansoor MOTION: To uphold the Planning Commission's decision to approve the Conditional Use Permit (CUP) for a microbrewery with a tasting room and outdoor patio area (Salty Bear Brewery) by adoption of Resolution No. 17-73 and with the following revisions to the conditions of approval: In the event the City establishes a parking district in this area, the applicant shall participate in the amount consistent with the onsite parking deficiency, if any. The applicant shall, in good faith, pursue a recorded reciprocal pedestrian access agreement between 2948 Randolph Avenue and 2937 Bristol Street. Within one year of operation, the owner of 2948 Randolph Avenue shall provide proof of a reciprocal pedestrian access agreement between the two aforementioned addresses or evidence of the inability to record such an agreement. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis, and Mayor Foley. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council upheld the Planning Commission's decision to approve the Conditional Use Permit (CUP) for a microbrewery with a tasting room and outdoor patio area (Salty Bear Brewery) by adoption of Resolution No. 17-73 and with the following revisions to the conditions of approval: In the event the City establishes a parking district in this area, the applicant shall participate in the amount consistent with the onsite parking deficiency, if any. The applicant shall, in good faith, pursue a recorded reciprocal pedestrian access agreement between 2948 Randolph Avenue and 2937 Bristol Street. Within one year of operation, the owner of 2948 Randolph Avenue shall provide proof of a reciprocal pedestrian access agreement between the two aforementioned addresses or evidence of the inability to record such an agreement. City Council recessed into a break at 10:07. (04:04:05) City Council reconvened at 10:17 p.m. (04:14:10) OLD BUSINESS: NONE NEW BUSINESS: (04:14:17) 1. FORMATION OF A NEW ANIMAL SERVICES COMMITTEE (04:14:19) Lt. Bakkila presented the staff report. (04:14:23) Discussion ensued on the cost for a full-time Management Analyst. (04:17:28) Mayor Pro Tem Genis spoke on the item. (04:23:37) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 12 Discussion ensued on deferring the decision on the Management Analyst to the December City Council meeting; expanding the committee; and special expertise in animal care requirement. (04:26:37) Public Comments: Helen Evers, spoke against the Orange County Humane Society (OCHS) and supports the formation of a new Animal Services committee. (04:30:04) Fred Bock Miller, Costa Mesa, spoke in support of a committee. (04:34:36) Tim Lewis, Costa Mesa, spoke in support of a committee and to include business owners; and spoke against hiring a Management Analyst. (04:36:01) Bill McCarty, Costa Mesa, spoke in support of a committee. (04:38:52) Flo Martin, Costa Mesa, spoke in support of a committee and the hiring of a new Management Analyst. (04:39:29) Bonnie Copeland, Costa Mesa, spoke against OCHS. (04:41:03) Megan Morales, Costa Mesa, spoke in support of a committee. (04:42:26) Beth Refakes, Costa Mesa, spoke in support of a committee and to include business owners. (04:43:23) Speaker, inquired on the contract and spoke on the issue. (04:45:50) Public Comments Closed. MOVED/SECOND: Mayor Pro Tem Genis/Mayor Foley MOTION: To approve the formation of a new Animal Services committee of seven regular members and two alternates that are Costa Mesa residents (two of the members must have special expertise in animal care, but do not need to be residents), and a City Council liaison, to evaluate animal care services provided by the City of Costa Mesa; and to continue the budgeting of a new full-time Management Analyst to the December City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis and Mayor Foley. Nays: None Absent: None Motion carried: 5-0 MINUTES —Costa Mesa City Council Regular Meeting —November 7,2017— PAGE 13 2. ACTION: City Council approved the formation of a new Animal Services committee of seven regular members and two alternates that are Costa Mesa residents, (two of the members must have special expertise in animal care, but do not need to be residents), and a City Council liaison, to evaluate animal care services provided by the City of Costa Mesa; and continued the budgeting of a new full- time Management Analyst to the December City Council meeting. CHAMBER OF COMMERCE MEMBERSHIP DRIVE ASSISTANCE (04:53:11) City Manager's Office/Administration Dan Baker, Assistant to the City Manager, presented the staff report. (04:53:17) Mayor Pro Tem Genis spoke on the issue; and the City Attorney reviewing the insert. (04:55:14) Public Comments: Tim Lewis, Costa Mesa, supports the item but against the City collecting funds for the Chamber of Commerce. (04:58:21) Speaker, spoke against the City collecting funds for the Chamber of Commerce. (05:01:23) Tom Johnson, President of the Chamber of Commerce, spoke against political statements. (05:02:19) Eileen Benjamin, CEO of the Chamber of Commerce, spoke in support of the item; and partnering with the City. (05:03:41) Discussion ensued on providing a direct link and not having to be part of collecting money; ballot statements; and sponsorships with the City. (05:06:25) Beth Refakes, Costa Mesa, spoke in support of the item but against the City collecting funds for the Chamber of Commerce. (05:10:29) Anna Vrska, Costa Mesa, spoke in support of the item but against the City collecting funds for the Chamber of Commerce. (05:11:55) Jay Humphrey, Costa Mesa, spoke in support of the item but against the City collecting funds for the Chamber of Commerce. (05:13:48) Cynthia McDonald, Costa Mesa, spoke on Jennifer Farrell, former chair of the Chamber of Commerce. (05:15:32) Public Comments Closed. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 14 Discussion ensued on providing a link to becoming a member; Chamber of Commerce's Governmental Relations committee; and a termination clause. (05:15:55) Mayor Foley spoke in support of the motion. (05:27:48) MOVED/SECOND: Council Member Stephens/Council Member Righeimer The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis and Mayor Foley. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council authorized the City Manager to sign the Memorandum of Understanding that authorizes the Chamber of Commerce to utilize the City's existing business license application process (both hardcopy and online) to facilitate a yearlong chamber membership drive; and 2. Approved the insert that will be distributed in all new business license certificate letters (approximately 160 per month). CITY COUNCIL REORGANIZATION (05:28:15) - Office of the City Council Council Member Stephens spoke on the issue. (05:28:25) MOVED/SECOND: Council Member Stephens/Mayor Foley (05:34:49) MOTION: To remove the item from the agenda. MOVED/SECOND: Council Member Righeimer/Council Member Mansoor (05:35:18) SUBSTITUTE MOTION: To proceed with the appointment of a new Mayor. Discussion ensued on Measure EE and the term and appointment of the Mayor. (05:35:18) Public Comments: Speaker, representing the Sierra Club Orange County and Orange County League of Conservation Voters, spoke against the appointment of a new Mayor. (05:44:50) Bill McCarty, Costa Mesa, spoke against the appointment of a new Mayor. (05:46:07) Kimberly Claire, Costa Mesa, spoke against the appointment of a new Mayor. (05:47:55) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 15 Tim Taber, Costa Mesa, spoke against the appointment of a new Mayor. (05:49:55) Clay Everson, Costa Mesa, spoke against the appointment of a new Mayor. (05:50:47) Jay Humphrey, Costa Mesa, spoke against the appointment of a new Mayor. (05:52:16) MOVED/SECOND: Council Member Righeimer/Mayor Pro Tem Genis (05:55:00) MOTION: To continue the meeting past midnight. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, Council Member Stephens, Mayor Pro Tem Genis and Mayor Foley. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved to continue the meeting past midnight. Speaker, Union organizer, spoke against the appointment of a new Mayor. (05:55:28) Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (05:56:36) Russell Baldwin, Costa Mesa, spoke against the appointment of a new Mayor. (05:58:20) Omar Siddiqui, Costa Mesa, spoke against the appointment of a new Mayor. (05:59:10) Bonnie Copeland, Costa Mesa, spoke against the appointment of a new Mayor. (06:02:14) Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:03:48) Howard Lee, Costa Mesa, spoke against the appointment of a new Mayor. (06:04:28) Sue Lester, Costa Mesa, spoke on the issue. (06:06:57) Liz McNabb, Costa Mesa, spoke against the appointment of a new Mayor. (06:10:17) Doug Whittamore, Costa Mesa, spoke against the appointment of a new Mayor. (06:11:23) Joyce McNabb, Costa Mesa, spoke against the appointment of a new Mayor. (06:13:21) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 16 Cindy Brenneman, Costa Mesa, spoke against the appointment of a new Mayor. (06:14:57) Andrea Marr, Costa Mesa, spoke against the appointment of a new Mayor. (06:16:40) Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:18:02) Gay Royer, Costa Mesa, spoke against the appointment of a new Mayor. (06:20:41) Megan Morales, Costa Mesa, spoke against the appointment of a new Mayor. (06:21:57) Rachel Perry, Costa Mesa, spoke against the appointment of a new Mayor. (06:23:08) Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:24:26) Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:26:52) Jason Webster, Costa Mesa, spoke against the appointment of a new Mayor. (06:27:45) Leah Ersoylu, Costa Mesa, spoke against the appointment of a new Mayor. (06:28:40) Kathleen Andrews, Newport Beach, spoke against the appointment of a new Mayor. (06:29:20) Terry Koken, Costa Mesa, spoke against the appointment of a new Mayor. (06:31:27) Wendy Leece, Costa Mesa, spoke to receive and file. (06:33:03) Martin Deitrich, spoke against the appointment of a new Mayor. (06:34:00) Tim Johnson, spoke against the appointment of a new Mayor. (06:36:13) Jennifer Muir Beuthin, General Manager of the Orange County Employees Association, spoke against the appointment of a new Mayor. (06:36:48) Dana Ransom, Costa Mesa, spoke against the appointment of a new Mayor. (06:40:00) Speaker, spoke against the appointment of a new Mayor. (06:41:02) Speaker, spoke in support of the item. (06:42:34) MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 17 Barrie Fisher, Costa Mesa, spoke in support of the item. (06:44:58) Speaker, spoke on the issue. (06:47:32) Speaker, spoke against the appointment of a new Mayor. (06:47:56) Cynthia McDonald, Costa Mesa, spoke against the appointment of a new Mayor. (06:50:18) Darlene Stinson, Costa Mesa, spoke against the appointment of a new Mayor. (06:53:08) Casey Swanson, Costa Mesa, spoke against the appointment of a new Mayor. (06:55:38) Speaker, Costa Mesa, spoke against the appointment of a new Mayor. (06:56:39) Speaker, spoke against the appointment of a new Mayor. (06:59:04) Dr. Nina Reich, Costa Mesa, spoke against the appointment of a new Mayor. (07:00:18) Michelle Mullen, Costa Mesa, spoke against the appointment of a new Mayor. (07:02:07) Flo Martin, Costa Mesa, spoke against the appointment of a new Mayor. (07:04:32) Speaker, spoke against the appointment of a new Mayor. (07:05:37) Jessie Pierce, Costa Mesa, spoke against the appointment of a new Mayor. (07:08:08) Public Comments Closed. MOVED/SECOND: Council Member Stephens/Mayor Foley MOTION: To receive and file. MOVED/SECOND: Council Member Righeimer/Council Member Mansoor SUBSTITUTE MOTION: To proceed with the appointment of a new Mayor. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Pro Tem Genis Nays: Council Member Stephens and Mayor Foley Absent: None Motion carried: 3-2 ACTION: City Council proceeded with the appointment of a new Mayor. MINUTES —Costa Mesa City Council Regular Meeting —November 7,2017— PAGE 18 Council Member Foley spoke on being the Mayor. (07:09:56) (a) Nominations for Mayor (07:15:55) MOVED/SECOND: Council Member Righeimer/Council Member Mansoor MOTION: To nominate Sandra Genis as Mayor. MOVED/SECOND: Council Member Righeimer/Council Member Mansoor MOTION: To close the nomination period for Mayor. Council Member Mansoor spoke in support of the motion. (07:16:36) Council Member Stephens spoke against the motion. (07:17:55) Mayor Pro Tem Genis spoke on the issue. (07:18:28) The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Pro Tem Genis Nays: Council Member Foley and Council Member Stephens Absent: None Motion carried: 3-2 ACTION: City Council approved Sandra Genis as the new Mayor. (b) Nominations for Mayor Pro Tem (07:21:34) MOVED/SECOND: Council Member Righeimer/Mayor Genis MOTION: To nominate Allan R. Mansoor as the new Mayor Pro Tem. MOVED/SECOND: Council Member Righeimer/Mayor Genis MOTION: To close the nomination period for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Mansoor, Council Member Righeimer, and Mayor Genis Nays: Council Member Foley and Council Member Stephens Absent: None Motion carried: 3-2 ACTION: City Council approved Allan Mansoor as the new Mayor Pro Tem. MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 19 ADDITIONAL COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS (07:23:00) — NONE REPORT — CITY MANAGER (07:23:06) - NONE REPORT — CITY ATTORNEY (07:23:11) - NONE ADJOURNMENT - The Mayor adjourned the meeting at 1:26 a.m. in memory of the victims of the Church shooting in Sutherland Springs, Texas. Minutes adopted on this 2nd day of January, 2018. C , Sandra L. Genis, Mayor ATTEST: Brenda Green, City Clerk MINUTES — Costa Mesa City Council Regular Meeting — November 7, 2017 — PAGE 20