CITY OF COSTA MESA

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*

Agenda - Final Amended

Tuesday, October 17, 2023

6:00 PM

City Council Chambers

77 Fair Drive

*Note: All agency memberships are reflected in the title "Council Member"

4:00 P.M. Closed Session

AMENDED AGENDA - NEW BUSINESS #4 HAS BEEN REMOVED

The City Council meetings are presented in a hybrid format, both in-person at City Hall

and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system

outages or experiencing other critical issues, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE

Please contact the City Clerk at (714) 754-5225 to request language interpreting services for

City meetings. Notification at least 48 hours prior to the meeting will enable the City to make

arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios

de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo

48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

Members of the public can view the City Council meetings live on COSTA MESA TV

(SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or

http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at

youtube.com/costamesatv.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings)

Please click the link below to join the webinar:

https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09

Or sign into Zoom.com and “Join a Meeting”

Enter Webinar ID: 983 7639 0419/ Password: 905283

• If Zoom is not already installed on your computer, click “Download & Run

Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has

previously been installed on your computer, please allow a few moments for the application to

launch automatically.

• Select “Join Audio via Computer.”

• The virtual conference room will open. If you receive a message reading,

“Please wait for the host to start this meeting,” simply remain in the room until the meeting

begins.

• During the Public Comment Period, use the “raise hand” feature located in

the participants’ window and wait for city staff to announce your name

and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as

otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings)

Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283

During the Public Comment Period, press *9 to add yourself to the queue and wait

for city staff to announce your name/phone number and press *6 to unmute your line when it

is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in

the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda

item, may submit a written comment via email to the City Clerk at cityclerk@costamesaca.gov.

Comments received by 12:00 p.m. on the date of the meeting will be provided to the City

Council, made available to the public, and will be part of the meeting record.

Please know that it is important for the City to allow public participation at this meeting. If you

are unable to participate in the meeting via the processes set forth above, please contact the

City Clerk at (714) 754-5225 or cityclerk@costamesaca.gov and staff will attempt to

accommodate you. While the City does not expect there to be any changes to the above

process for participating in this meeting, if there is a change, the City will post the information

as soon as possible to the City’s website.

Note that records submitted by the public will not be redacted in any way and will be posted

online as submitted, including any personal contact information. All pictures, PowerPoints,

and videos submitted for display at a public meeting must be previously reviewed by staff to

verify appropriateness for general audiences. No links to YouTube videos or other streaming

services will be accepted, a direct video file will need to be emailed to staff prior to each

meeting in order to minimize complications and to play the video without delay. The video

must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per

speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at

cityclerk@costamesaca.gov NO LATER THAN 12:00 Noon on the date of the meeting. If you

do not receive confirmation from the city prior to the meeting, please call the City Clerks office

at 714-754-5225.

Note regarding agenda-related documents provided to a majority of the City Council after

distribution of the City Council agenda packet (GC §54957.5): Any related documents

provided to a majority of the City Council after distribution of the City Council Agenda Packets

will be made available for public inspection. Such documents will be posted on the city’s

website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of

the audience are requested to step outside the Council Chambers to conduct a phone

conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username

available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of

the Council Chambers for viewing. Agendas and reports can be viewed on the City website at

https://costamesa.legistar.com/Calendar.aspx.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are

available and can be checked out from the City Clerk. If you need special assistance to

participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at

least 48 hours prior to the meeting will enable the City to make reasonable arrangements to

ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de

asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si

necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la

Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48

horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

CLOSED SESSION - 4:00 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:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE

Pursuant to California Government Code Section 54956.9 (d)(1)

Name of Case: Schaefer v. Costa Mesa

Orange County Superior Court Case No. 30-2022-01286737-CU-PO-CJC

THREAT TO SECURITY

Pursuant to California Government Code Section 54957(a)

Consultation with: Costa Mesa Director of Emergency Services, City Manager, Police

Chief, Fire Chief.

CONFERENCE WITH REAL PROPERTY NEGOTIATIONS

Pursuant to California Government Code Section 54956.8

APN: 420-012-16

Agency Negotiators: Lori Ann Farrell Harrison, City Manager

Negotiating Parties: State of California

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - ONE CASE

Pursuant to California Government Code Section 54956.9 (d)(2)

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY

OCTOBER 17, 2023 – 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:

Proclamation: 2023 Domestic Violence Awareness Month

10-17-2023 Domestic Violence Awareness Month

23-1421

23-1422

23-1425

Attachments:

Proclamation: 2023 National Crime Prevention Month

10-17-2023 National Crime Prevention Month

Attachments:

Presentation: CalOptima Health- Medi-Cal Renewals

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 4 minutes. Additional comments will be heard at the

end of the meeting.

Council Member Marr

Council Member Reynolds

Council Member Chavez

Council Member Gameros

Council Member Harper

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.

PROCEDURAL WAIVER: WAIVE THE FULL READING OF AL L 2 3-1413

ORDINANCES AND RESOLUTIONS

RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title

only and waive full reading of Ordinances and Resolutions.

READING FOLDER

23-1415

RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Alexandra Lee

Atalla, Luca Farren Atalla, Theresa Atalla, Jeremiah Duran, Violeta Vushcan.

ADOPTION OF WARRANT RESOLUTION

23-1420

23-1414

RECOMMENDATION:

City Council approve Warrant Resolution No. 2707.

1. Summary Check Register 10-2-2023

2. Summary Check Register 10-5-2023

Attachments:

MINUTES

RECOMMENDATION:

City Council approve the minutes of the regular meeting of October 3, 2023.

10-03-2023 Draft Minutes

Attachments:

REQUEST TO CANCEL THE REGULAR MEETING OF TUESDAY 2 , 3-1385

NOVEMBER 21,

CALENDARS

2023 DUE

TO THANKSGIVING RECESS

RECOMMENDATION:

Staff recommends the City Council cancel the regular meeting of Tuesday,

November 21, 2023 due to Thanksgiving Holiday and academic recess

calendars.

ACCEPTANCE AND ALLOCATION OF THE 2023-24 OFFICE O F 2 3-1406

TRAFFIC SAFETY GRANT FOR THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM

RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Resolution No. 2023-XX, which ratifies the application

for a grant award from the State of California - Office of Traffic Safety (OTS)

for the Selective Traffic Enforcement Program (STEP) and authorize the City

Manager or designee to execute all grant documents, including the Grant

Agreement, and accept and administer the grant.

2. Approve revenue and expense appropriations in the amount of $285,000,

respectively, for the 2023-24 OTS STEP Grant.

1. OTS STEP Grant Agreement

Attachments:

2. Resolution No. 23-XX OTS STEP Grant

ACCEPTANCE OF THE ORGANIZED RETAIL THEFT PREVENTIO N 2 3-1407

GRANT FOR THE COSTA MESA POLICE DEPARTMENT OF $3.5

MILLION

RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed resolution 2023-XX authorizing participation in the

Organized Retail Theft (ORT) Prevention Grant Program and the City

Manager, or designee, to execute the ORT Standard Agreement.

2. Approve revenue and expense appropriations in the amount of $3,518,133,

respectively, for the Organized Retail Theft (ORT) Prevention Grant.

1. 23-27 ORTP Grant Agreement

2. Resolution

Attachments:

RESPONSE TO THE GRAND JURY REPORT TITLED “WELCOME T O 2 3-1408

THE NEIGHBORHOOD- ARE CITIES RESPONSIBLY MANAGING THE

INTEGRATION OF GROUP HOMES?”

RECOMMENDATION:

Staff recommends the City Council:

1. Approve the attached response to the 2022-23 Orange County Grand Jury

Report, “Welcome to the Neighborhood- Are cities responsibly managing the

integration of group homes?”

2. Authorize the Mayor to submit the response to the Presiding Judge of the

Superior Court pursuant to Penal Code Section 933.05 (a) and (b).

1. Orange County Grand Jury Report (Welcome to the

Neighborhood)

Attachments:

2. Response to Grand Jury Report

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR

------------------------------END OF CONSENT CALENDAR-------------------------------

PUBLIC HEARINGS:

(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

APPEAL OF PLANNING APPLICATION 22-05 FOR A RETAI L 2 3-1401

CANNABIS STOREFRONT BUSINESS LOCATED AT 1505 MESA

VERDE DRIVE EAST (“C21+”)

RECOMMENDATION:

Staff recommends that the City Council uphold the Planning Commission’s

decision and adopt a Resolution to approve Planning Application 22-05. The

City Council may also overturn the Planning Commission’s decision and deny

the request, and direct staff to prepare a Resolution reflecting the City Council’s

findings for denial.

1. Resolution for Approval

Attachments:

2. Filed Appeal

3. Planning Commission Resolution

4. Planning Commission approved minutes

5. Planning Commission Public Comments

OLD BUSINESS: NONE.

NEW BUSINESS: (Next Page)

APPOINTMENTS TO VARIOUS CITY COMMITTEES

23-1119

RECOMMENDATION:

Staff recommends the City Council make appointments as follows:

1. Animal Services Committee - Make three (3) member appointments with a

term expiration of April 2025. One nomination by Council Member Marr,

Council Member Chavez, and Council Member Reynolds. A Council

Member may defer his or her nomination to a Council Liaison (Mayor

Stephens, Council Member Harper).

2. Active Transportation Committee - Make three (3) member appointments

with a term expiration of April 2025. Two of the appointments are at-large to

ensure broad representation of different mobility options and experiences

(e.g. walk, bike, bus, and age ability). One nomination by Council Member

Marr, Council Member Chavez, and Council Member Reynolds. A Council

Member may defer his or her nomination to the Council Liaison (Council

Member Reynolds).

3. Fairview Park Steering Committee - Make three (3) member appointments

with a term expiration of April 2027. One nomination by Council Member

Marr, Council Member Chavez, and Council Member Reynolds. A Council

Member may defer his or her nomination to a Council Liaison (Council

Member Reynolds, Alternate Mayor Pro Tem Harlan and Council Member

Chavez).

4. Finance and Pension Advisory Committee - Make three (3) member

appointments with a term expiration of April 2027. One nomination by

Council Member Marr, Council Member Chavez, and Council Member

Reynolds. A Council Member may defer his or her nomination to a Council

Liaison (Mayor Stephens, Alternate Council Member Marr, and Council

Member Harper).

5. Housing and Public Service Grants Committee - Make three (3) regular

member appointments with a term expiration of April 2025. One nomination

by Council Member Marr, Council Member Chavez, and Council Member

Reynolds. A Council Member may defer his or her nomination to a Council

Liaison (Council Member Chavez, Alternate Council Member Harper).

6. Mobile Home Park Advisory Committee - Make two (2) Park Owner or

Representative appointments, two (2) Mobile Home Park Resident

appointments, and one (1) Independent Citizen At-large appointment, all with

a term expiration of April 2027. Nominations by Council Member Marr,

Council Member Chavez, and Council Member Reynolds. A Council

Member may defer his or her nomination to the Council Liaison (Council

Member Reynolds).

7. Correct the term expiration dates for the Arts Commissioners. Terms ending

in 2024 should be 2025 and terms ending in 2026 should be 2027 to

coincide with the concurrent term of the respective appointing Council

Member.

1. Animal Services Committee Applications

Attachments:

2. Active Transportation Committee Applications

3. Fairview Park Steering Committee Applications

4. Finance and Pension Advisory Committee Applications

5. Housing and Public Service Grants Committee Applications

6. Mobile Home Park Advisory Committee Applications

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COST A 2 3-1412

MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND

BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL

CODE BY ADDING CHAPTER II (REGULATION OF CERTAIN

BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT

PROTECTIONS)

RECOMMENDATION:

Staff recommends the City Council introduce and give first reading, waiving

further reading, to Ordinance No. 23-XX Amending Title 9 (Licenses and

Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II

(Regulation of Certain Businesses, Article 24 (Just Cause Residential Tenant

Protections) to support Costa Mesa renters facing no-fault just cause eviction.

1.Draft Ordinace

Attachments:

STATUS UPDATE REGARDING THE CALIFORNIA OFFICE O F 2 3-1427

EMERGENCY SERVICES’ (CAL OES) SOUTHERN CALIFORNIA

REGIONAL EMERGENCY OPERATIONS CENTER (EOC) PROJECT

AT THE FAIRVIEW DEVELOPMENTAL CENTER SITE

RECOMMENDATION:

Staff recommends the City Council:

· Provide feedback, as needed, regarding the City’s comment letter on the

State’s Draft Environmental Impact Report for the Cal OES Southern

California Regional EOC Project; and

· Authorize the City Manager or designee to finalize the draft letter

incorporating feedback from the City Council and submit it to the State.

1. Draft Comment Letter-Outline re EOC Project Draft EIR.pdf

Attachments:

2. April 17 2023 City Comment Letter re: FDC OES Notice of

Preparation

3. Public Comments

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS