CITY OF COSTA MESA  
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*  
Agenda  
Tuesday, May 7, 2024  
6:00 PM  
City Council Chambers  
77 Fair Drive  
*Note: All agency memberships are reflected in the title "Council Member"  
5:00 P.M. Closed Session  
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distribution of the City Council agenda packet (GC §54957.5): Any related documents  
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website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.  
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the Council Chambers for viewing. Agendas and reports can be viewed on the City website at  
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ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].  
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horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR  
35.102.35.104 ADA Title II].  
CLOSED SESSION - 5:00 P.M.  
CALL TO ORDER  
ROLL CALL  
PUBLIC COMMENTS Members of the public are welcome to address the City Council  
only on those items on the Closed Session agenda. Each member of the public will be  
given a total of three minutes to speak on all items on the Closed Session agenda.  
CLOSED SESSION ITEMS:  
1.  
CONFERENCE WITH LABOR NEGOTIATORS  
Pursuant to California Government Code Section 54957.6 (a)  
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager; Alma  
Reyes, Deputy City Manager; Kasama Lee, Human Resources Manager; Fanni Acosta,  
Human Resources Administrator; Carol Molina, Finance Director Name of Employee  
Organization: Costa Mesa Firefighters Management Association (CMFMA).  
2.  
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa,  
U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE  
REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY  
MAY 7, 2024 – 6:00 P.M.  
JOHN STEPHENS  
Mayor  
JEFFREY HARLAN  
ANDREA MARR  
Mayor Pro Tem - District 6  
Council Member - District 3  
MANUEL CHAVEZ  
LOREN GAMEROS  
Council Member - District 4  
Council Member - District 2  
ARLIS REYNOLDS  
DON HARPER  
Council Member - District 5  
Council Member - District 1  
KIMBERLY HALL BARLOW  
City Attorney  
LORI ANN FARRELL HARRISON  
City Manager  
CALL TO ORDER  
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE  
MOMENT OF SOLEMN EXPRESSION  
[Per Council Policy 000-12, these presentations are made by community volunteers  
stating their own views. The City Council disclaims any intent to endorse or sponsor the  
views of any speaker.]  
ROLL CALL  
CITY ATTORNEY CLOSED SESSION REPORT  
PRESENTATIONS:  
1.  
Attachments:  
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA  
Comments on Consent Calendar items may also be heard at this time.  
Comments are limited to 3 minutes, or as otherwise directed.  
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS  
Each council member is limited to 3 minutes. Additional comments will be heard at the  
end of the meeting.  
1.  
2.  
3.  
4.  
5.  
6.  
7.  
Council Member Harper  
Council Member Marr  
Council Member Reynolds  
Council Member Chavez  
Council Member Gameros  
Mayor Pro Tem Harlan  
Mayor Stephens  
REPORT – CITY MANAGER  
REPORT – CITY ATTORNEY  
CONSENT CALENDAR  
All matters listed under the Consent Calendar are considered to be routine and will be  
acted upon in one motion. There will be no separate discussion of these items unless  
members of the City Council, staff, or the public request specific items to be discussed  
and/or removed from the Consent Calendar for discussion.  
1.  
2.  
RECOMMENDATION:  
City Council and Housing Authority approve the reading by title only and waive  
full reading of Ordinances and Resolutions.  
RECOMMENDATION:  
City Council receive and file Claims received by the City Clerk and authorize  
staff to reject any and all Claims: Ayman Ahmed Abdulmagid, James Daniel  
Alexander, Sergio Alvarez, Randal Allen Baker, Kaiyun Park.  
3.  
RECOMMENDATION:  
City Council approve Warrant Resolution No. 2716.  
Attachments:  
4.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Approve the 2023-2024 Annual Report for the Business Improvement Area  
(BIA) (Attachment 1).  
2. Receive and file the audited financial report for Fiscal Years Ended June 30,  
2023 and June 30, 2022 (Attachment 2).  
3. Adopt the Resolution declaring the City’s intention to levy an annual  
assessment for Fiscal Year 2024-25 for the Business Improvement Area  
covering certain Costa Mesa hotels and motels and setting the time and  
place for a Public Hearing on the proposal (Attachment 3).  
Attachments:  
5.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Designate City Manager Lori Ann Farrell Harrison as the City’s Principal  
Negotiator, Deputy City Manager Alma Reyes, Human Resources  
Manager Kasama Lee, Human Resources Administrator Fanni Acosta  
and Finance Director Carol Molina as the City’s representatives in  
negotiations with the CMDMA.  
2. Authorize staff to have the independent fiscal analysis of the current  
CMDMA Resolution completed per the requirements of the Transparency  
in Labor Negotiations Council Policy.  
6.  
RECOMMENDATION:  
Staff recommends the City Council authorize the City Manager and City Clerk to  
execute Amendment No. 2 to the Professional Services Agreement with Glenn  
Lukos Associates, Inc. increasing the total compensation by $94,290 for vernal  
pools restoration and biological monitoring services for the Vernal Pools 5, 6,  
and 7 Restoration Project at Fairview Park.  
Attachments:  
7.  
8.  
9.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Accept the work performed by GMS Elevator Services, Inc., 401 Borrego  
Court, San Dimas, CA 91773, for the City Hall Elevators Modernization, City  
Project No. 20-03, and authorize the City Clerk to file the Notice of  
Completion.  
2. Authorize the City Manager to release the Labor and Material Bond seven (7)  
months after the filing date and release the Faithful Performance Bond at the  
conclusion of the one-year warranty period. Retention monies have been  
released pursuant to Public Contract Code 7107(c).  
Attachments:  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Accept the work performed by Elecnor Belco Electric, Inc., 14320 Albers  
Way, Chino, CA 91710 for the Citywide Traffic Signal and HAWK Signal  
Installation Project, City Project No. 22-07, and authorize the City Clerk to file  
the Notice of Completion.  
2. Authorize the City Manager to release the retention monies thirty-five (35)  
days after the Notice of Completion filing date; release the Labor and  
Material Bond seven (7) months after the filing date; and release the Faithful  
Performance Bond one (1) year after the filing date.  
Attachments:  
RECOMMENDATION:  
The Planning Commission recommends the City Council approve the 2023  
Annual Progress Report (APR) of the 2015-2035 Costa Mesa General Plan for  
submittal to the State Office of Planning and Research (OPR), and the State  
Department of Housing and Community Development (HCD).  
Attachments:  
10.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Find that the project is categorically exempt from the California  
Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).  
2. Give second reading to and adopt Ordinance No. 2024-03 amending Title 13  
(Planning, Zoning and Development) and Ordinance No. 2024-04 amending  
Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal  
Code to modify the City’s retail cannabis provisions.  
Attachments:  
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT  
CALENDAR  
------------------------------END OF CONSENT CALENDAR-------------------------------  
2.  
RECOMMENDATION:  
The Planning Commission recommends the City Council:  
1. Find that the project is exempt from the California Environmental Quality Act  
(CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and  
Planning Studies), 15276 (Transportation Improvement Programs), and  
15061 (b)(3) (Common Sense Exemption);  
2. Approve the Draft Pedestrian Master Plan (PMP) as recommended by the  
City’s Planning Commission by adoption of a resolution; and  
3. Approve General Plan Amendment PGPA-23-0001, amending the  
Circulation Element to revise and include new policies outlined in the PMP by  
adoption of a resolution.  
ENVIRONMENTAL DETERMINATION  
On March 11, 2024, the Planning Commission found that the project is exempt  
from the California Environmental Quality Act (CEQA) pursuant to Section  
15262 (Feasibility and Planning Studies), Section 15276 (Transportation  
Improvement and Congestion Management Program) and Section 15061(b)(3)  
(Common Sense Exemption).  
The project is specifically excluded from CEQA pursuant to statutory exemptions  
defined under Sections 15262 and 15276. Section 15262 excludes a project  
from CEQA if it involves only feasibility or planning studies for possible future  
actions which the City has not approved, adopted, or funded and does not  
require the preparation of an environmental impact report or negative  
declaration, but does require consideration of environmental factors. Section  
15276 states that CEQA does not apply to the development or adoption of a  
regional transportation improvement program.  
The draft PMP complements the City’s 2018 Active Transportation Plan (ATP)  
by providing pedestrian programs, pedestrian infrastructure toolbox, and policy  
recommendations to improve the pedestrian experience in the City. The  
proposed project will update the Circulation Element to incorporate the PMP by  
reference and will include policies to ensure that future projects will consider and  
include street design elements to enhance pedestrian mobility. Therefore, the  
project is statutorily exempt from CEQA pursuant to Sections 15262 and 15276.  
Furthermore, the proposed project is exempt from CEQA pursuant to Section  
15061 (b)(3), which states that “where it can be seen with certainty that there is  
no possibility that the activity in question may have a significant effect on the  
environment, the activity is not subject to CEQA.” The PMP provides guidance  
on improving the environment where pedestrian activities occur and does not  
implement any specific project, action, or funding. Therefore, there is no  
possibility that the project (adoption of the PMP and General Plan Amendment)  
will have a significant effect on the environment.  
Attachments:  
OLD BUSINESS:  
RECOMMENDATION:  
Staff recommends that the City Council receive the staff presentation, hear  
public comment, and provide direction on reducing the badging fee and certain  
administrative aspects of the cannabis employee badge process.  
Attachments:  
NEW BUSINESS:  
RECOMMENDATION:  
Staff recommends the City Council approve and authorize the City Manager to  
execute a Use Agreement for the City's Jack Hammett Sports Complex for a  
portion of the Raiders Football Club’s 2024 Summer Training Camp and related  
community benefits.  
Attachments:  
2.  
RECOMMENDATION:  
Staff recommends the City Council receive and file this update regarding the  
City’s Tenant Protection Ordinance.  
Attachments:  
3.  
RECOMMENDATION:  
Staff recommends Council Member Harper make appointments as follows:  
1. Animal Services Committee - Make one (1) member appointment with a  
term expiration of April 2026. Council Member Harper may defer his  
nomination to the Council Liaison (Mayor Stephens).  
2. Active Transportation Committee - Make one (1) member appointment  
with a term expiration of April 2026. Council Member Harper may defer  
his nomination to the Council Liaison (Council Member Reynolds).  
3. Finance and Pension Advisory Committee - Make one (1) member  
appointment with a term expiration of April 2028. Council Member Harper  
may defer his nomination to the Council Liaison (Mayor Stephens,  
Alternate Council Member Marr).  
4. Housing and Public Service Grants Committee - Make one (1) member  
appointment with a term expiration of April 2026. Council Member Harper  
may defer his nomination to the Council Liaison (Council Member  
Chavez).  
5. Mobile Home Park Advisory Committee - Make one (1) Independent  
Citizen At-large appointment with a term expiration of April 2028. Council  
Member Harper may defer his nomination to the Council Liaison (Council  
Member Reynolds, Alternate Council Member Chavez).  
Attachments:  
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND  
SUGGESTIONS  
ADJOURNMENT