CITY OF COSTA MESA  
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE  
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*  
Agenda  
Tuesday, November 7, 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  
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  
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Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings)  
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Enter Webinar ID: 983 7639 0419/ Password: 905283  
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• During the Public Comment Period, use the “raise hand” feature located in  
the participants’ window and wait for city staff to announce your name  
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otherwise directed.  
Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings)  
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During the Public Comment Period, press *9 to add yourself to the queue and wait  
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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  
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:  
1.  
2.  
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - TWO  
CASES  
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: 1921 Harbor Blvd. LLC dba High Seas  
Orange County Superior Court Case No. Pending  
3.  
4.  
CONFERENCE WITH REAL PROPERTY NEGOTIATOR  
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  
Under Negotiation: Price and Terms of Payment  
CONFERENCE WITH LABOR NEGOTIATORS  
Pursuant to California Government Code Section 54957.6 (a)  
Agency Designated Representative: Lori Ann Farrell Harrison, City Manager and Alma  
Reyes, Deputy City Manager  
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).  
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY  
TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY  
NOVEMBER 7, 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:  
1.  
Attachments:  
2.  
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 Reynolds  
Council Member Chavez  
Council Member Gameros  
Council Member Harper  
Council Member Marr  
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, Agency Board, 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: Malik Anthony  
Atalla, Kendra Boost, Christopher Matlick, Jeff Schoneman, High Seas.  
3.  
RECOMMENDATION:  
City Council approve Warrant Resolution No. 2708.  
Attachments:  
4.  
5.  
RECOMMENDATION:  
City Council approve the minutes of the regular meeting of October 17, 2023.  
Attachments:  
RECOMMENDATION:  
Staff recommends City Council:  
1. Approve and authorize the purchase of a DCS®5 Digital Capture System  
from Foster & Freeman for the Crime Scene Unit (CSU) in the amount of  
$112,106.  
2. Authorize the City Manager to execute a Purchase Order, and any other  
documents required in connection with the purchase of the DCS®5 Digital  
Capture System.  
Attachments:  
6.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Adopt the proposed Resolution No. 2023-XX authorizing the acceptance of  
grant funds in the amount of $40,000 from the California Department of  
Alcoholic Beverage Control in connection with its Alcohol Policing  
Partnership Program.  
2. Approve budget appropriation of $40,000 from the Alcoholic Beverage  
Control Grant.  
Attachments:  
7.  
RECOMMENDATION:  
Staff recommends the City Council:  
Authorize the City Manager, or designee, to execute the attached Sub-Recipient  
Agreement with the City of Anaheim for the FY 2022 Urban Areas Security  
Initiative (UASI) Grant Program.  
Attachments:  
8.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Award a Professional Services Agreement (PSA) to David Volz Design  
Landscape Architects, Inc., 151 Kalmus Drive, Suite M8, Costa Mesa,  
California in the amount of $287,476 for the design of the Costa Mesa Skate  
Park located at 900 Arlington Drive, Costa Mesa, and authorize the City  
Manager and the City Clerk to execute the PSA.  
2. Authorize a ten percent (10%) contingency in the amount of $28,748 in order  
to cover additional work or unforeseen circumstances.  
3. Authorize the City Manager and the City Clerk to execute the PSA and any  
future amendments to the agreement within Council authorized limits.  
Attachments:  
9.  
RECOMMENDATION:  
Staff recommends the City Council adopt Resolution No. 2023-xx, approving  
projects for inclusion in the Orange County Transportation Authority’s (OCTA)  
Federal Transportation Improvement Program (FTIP) for Fiscal Years 2024/25  
through 2029/30 (Attachment 1).  
Attachments:  
10.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Award a Professional Services Agreement (PSA) to Walk ‘n Rollers, 8800  
Venice Boulevard, Suite 301, Los Angeles, CA 90034 for the development of  
a Bicycle Safety Education Program for Schools in the amount of $149,967  
(Attachment 1).  
2. Authorize a ten percent (10%) contingency in the amount of $14,996 for  
unforeseen costs.  
3. Authorize the City Manager and the City Clerk to execute the PSA and any  
future amendments to the agreement.  
Attachments:  
11.  
RECOMMENDATION:  
Staff recommends the City Council reject all bids for the Adams Avenue and  
Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City  
Project No. 23-01, and direct staff to re-advertise the project.  
Attachments:  
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT  
CALENDAR  
------------------------------END OF CONSENT CALENDAR-------------------------------  
PUBLIC HEARINGS: NONE.  
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)  
OLD BUSINESS: (Next Page)  
1.  
RECOMMENDATION:  
1. Introduce and give first reading, waiving further reading, to Ordinance No. 2023  
-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) and/or adopt Ordinance No.  
2023-XX, an Urgency Ordinance 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).  
2. Appropriate a total of $300,000 from uncommitted American Rescue Plan Funds  
(ARPA) to provide supplemental rental assistance to households facing no-fault  
just cause eviction, and authorize the City Manager, City Attorney, and City Clerk  
to approve and execute new or amended agreements with existing program  
providers.  
3. Allocate $250,000 from uncommitted ARPA funds to the Law Offices of Jones  
Mayer, increasing the scope of the contract to include eviction and rental-related  
legal services, including but not limited to court filings, to enforce the eviction  
protection provisions of the Costa Mesa Municipal Code regarding unlawful acts  
in connection with no-fault just cause evictions.  
4. Approve the addition of three (3) Full Time Equivalent (FTE) staff positions to  
implement, monitor, and enforce the subject Ordinance, with an additional FTE  
at the discretion of the City Manager. The staff positions include one Community  
Outreach Worker in the Neighborhood Improvement Division, one (1) Senior  
Planner, and one (1) Code Enforcement Officer II in the Economic and  
Development Services Department. Appropriation authority is requested at an  
estimated $300,000 for the remainder of the fiscal year from uncommitted ARPA  
(American Rescue Plan Act) Funds to cover the fiscal impact of the additional  
positions.  
Attachments:  
NEW BUSINESS:  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Authorize the City Manager, or her designee, to concur with FiPAC  
recommendations on the allocation and appropriation of Fiscal Year 2022-  
23, if available, year-end savings estimated between $4.0 million to $6.0  
million in order of priority as follows:  
a) Transfer $1.1 million to Fund 401 for the Lions Park Café;  
b) Transfer $1.5 million to Fund 401 for Fire Station #4 Training Tower;  
c) Deposit $500,000 (up to $1.0 Million, if available for surplus funds of $6.0  
million) to the Workers’ Compensation Fund Balance designation;  
d) Transfer $900,000 to Housing Fund 222 for Housing Element and  
Visioning;  
e) Transfer $300,000 to Equipment Fund 602 to pay the balance of one Fire  
Engine Apparatus; and  
f) Transfer $1.2 million to Fund 401 for improvements to the City’s Golf  
Course and Tennis Center.  
2.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Authorize the City Manager and City Clerk to execute Amendment Number  
Five to the Professional Services Agreement (PSA) with Johnson Favaro,  
5898 Blackwelder Street, Culver City, CA 90232, in the amount of $130,250  
with a three-year contract extension, and any future amendments.  
2. Authorize the City Manager and City Clerk to execute Amendment Number  
Two to the PSA with STV Construction, Inc., 1055 West Seventh Street,  
Suite 2900, Los Angeles, CA 90017, in the amount of $226,960 with a  
three-year contract extension, and any future amendments.  
3. Authorize the City Manager to execute Change Order No. 2 to the Purchase  
Order with Tovey/Shultz Construction, Inc., 18261 Collier Avenue, Unit A,  
Lake Elsinore, CA 92530, in the amount of $1,929,805, and any future  
amendments.  
4. Create and/or amend the City’s budget appropriations and allocations in the  
amounts and funds as needed to effectuate the changes identified above.  
Attachments:  
3.  
RECOMMENDATION:  
Staff recommends the City Council provide direction regarding the potential  
preparation of a moratorium and/or other alternative procedure to discontinue or  
suspend acceptance and processing of cannabis retail applications.  
Attachments:  
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND  
SUGGESTIONS  
ADJOURNMENT