CITY OF COSTA MESA  
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*  
Agenda  
Tuesday, September 2, 2025  
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 technical difficulties or  
experiencing any other critical issues, and unless required by the Brown Act, 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  
youtube.com/costamesatv.  
Closed Captioning is available via the Zoom option in English and Spanish.  
Members of the public are welcome to speak during the meeting when the Mayor opens the  
floor for public comment. There is no need to register in advance or complete a comment  
card. When it's time to comment, line up at one of the two podiums in the room and wait for  
your turn. Each speaker will have up to 3 minutes (or as directed) to address the City Council.  
To maintain a respectful and orderly atmosphere during the meeting, attendees shall refrain  
from using horns or amplified speakers. Signs and props may be brought into the Chamber,  
provided they do not hinder the visibility of other attendees. The possession of poles, sticks,  
or stakes is strictly prohibited.  
All attendees must remain seated while in the chamber until instructed by the Presiding  
Officer to approach and line up for public comment. To ensure safety and maintain order  
during the proceedings, standing or congregating in the aisles or foyer is strictly prohibited.  
Further information regarding the City's regulations on addressing the City Council and  
expected conduct during meetings are available at the following links.  
Title 2: Administration  
§ 2-61: Conduct while addressing the council.  
Title 2: Administration  
§ 2-64: Disorderliness by members of the audience.  
As a courtesy, the public may participate via the Zoom option.  
Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings)  
Please click the link below to join the webinar:  
Or sign into Zoom.com and “Join a Meeting”  
Enter Webinar ID: 899 8281 2676/ Password: 772583  
• 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: 899 8281 2676/ Password: 772583  
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.  
Any written communications, photos, or other materials for copying and distribution to the City  
Council that are 10 pages or less, can be e-mailed to cityclerk@costamesaca.gov, submitted  
to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit  
materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on  
the day of the meeting.  
Comments received by 12:00 p.m. on the day 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. This includes items submitted for the overhead  
screen during the meeting. Items submitted for the overhead screen should be 1 page and  
provided to the City Clerk prior to the start of the meeting. 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  
español en el sitio web de la Ciudad en  
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.  
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO  
CASES  
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.  
2.  
3.  
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE  
Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: RDK Group Holdings, LLC v. City of Costa Mesa,  
Orange County Superior Court Case No. 30 2025 0149581 CU WM WJC  
4.  
5.  
6.  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: Farrell Harrison v. City of Costa Mesa, et al.,  
Orange County Superior Court Case No. 30-2025-01495293-CU-WM-CJC  
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  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: Perdomo, et al. v. Noem, et al.,  
United States District Court for the Central District of California Case No.  
2:25-cv-05605-MEMF-SP  
7.  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: DBO Investments CM, LLC v. Costa Mesa  
Orange County Superior Court Case No. 30-2023-01360125-CU-CR-NJC.  
REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY  
SEPTEMBER 2, 2025 – 6:00 P.M.  
JOHN STEPHENS  
Mayor  
MANUEL CHAVEZ  
ANDREA MARR  
Mayor Pro Tem - District 4  
Council Member - District 3  
ARLIS REYNOLDS  
LOREN GAMEROS  
Council Member - District 5  
Council Member - District 2  
JEFF PETTIS  
MIKE BULEY  
Council Member - District 6  
Council Member - District 1  
KIMBERLY HALL BARLOW  
City Attorney  
CECILIA GALLARDO-DALY  
Interim 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.  
Proclamation: 2025 Hunger Action Month  
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA  
Comments on Presentations and 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 Pettis  
Council Member Buley  
Council Member Gameros  
Council Member Marr  
Council Member Reynolds  
Mayor Pro Tem Chavez  
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  
further 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: Warren Franklin, Carolyn Hanson, Craig  
Marshall, Daisy Martinez.  
3.  
RECOMMENDATION:  
City Council approve Warrant Resolution No. 2739.  
Attachments:  
4.  
RECOMMENDATION:  
City Council approve the minutes of the Special Closed Session meetings of  
July 1, 2025 and July 8, 2025.  
Attachments:  
5.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Approve the agreement for a School Resource Officer (SRO) Program  
between the City of Costa Mesa and Newport-Mesa Unified School  
District (NMUSD) for Fiscal Year 2025-26.  
2. Authorize the Interim City Manager to execute the agreement.  
Attachments:  
6.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Approve and authorize the Interim City Manager and the City Clerk to  
execute a two-year Maintenance Services Agreement (MSA) to provide  
on-call Heating, Ventilation and Air-Conditioning (HVAC) mechanical  
automation system repairs and maintenance services, with three (3)  
one-year renewal periods, in an aggregate amount not to exceed $200,000  
annually in a form as approved by the City Attorney to:  
• FM Thomas  
• Harbor Pointe  
• Southland Industries  
2. Authorize the Interim City Manager and the City Clerk to execute the  
agreements and any authorized amendments to the agreements.  
Attachments:  
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.)  
1.  
RECOMMENDATION:  
Staff recommends the City Council introduce for first reading, by title only,  
Ordinance No. 2025-xx, adding Chapter XVI (Prohibition on Sale or Distribution  
of Nitrous Oxide) to Title 11 (Offenses-Miscellaneous) of the Costa Mesa  
Municipal Code to establish regulations prohibiting the unlawful sale or  
distribution of nitrous oxide in the City.  
Attachments:  
2.  
RECOMMENDATION:  
Staff recommends the City Council continue the open public hearing to the  
October 7, 2025, City Council meeting.  
Attachments:  
3.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Find that the appeal is not subject to the California Environmental Quality Act  
per California Public Resources Code Section 15268.  
2. Uphold the Director of Development Services’ determination that Cannabis  
Business Permit MQ-21-15 is nonoperational and abandoned pursuant to  
Costa Mesa Municipal Code Section 9-495(h)(16) and find that the Permit is  
invalid and of no further force and effect.  
Attachments:  
OLD BUSINESS:  
1.  
RECOMMENDATION:  
Staff recommends that the City Council give second reading to and adopt  
Ordinance No. 2025-05 to approve the rezone for subject property from  
Administrative & Professional (AP) to Multiple Family Residential (R3).  
Attachments:  
2.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Make a finding of California Environmental Quality Act (CEQA) categorical  
exemption pursuant to CEQA Guidelines section 15301.  
2. Adopt plans, specifications, and working details for the TeWinkle Park Lakes  
Repair and Rehabilitation Project, City Project No. 24-12.  
3. Award a Public Works Agreement (PWA) for construction to Houalla  
Enterprises, Ltd. (dba Metro Builders & Engineers Group, Ltd.) 2610 Avon  
Street, Newport Beach, California 92663 in the amount of $2,459,777, and  
authorize a ten percent (10%) contingency in the amount of $245,978 for  
unforeseen costs related to this project.  
4. Authorize the Interim City Manager and the City Clerk to execute the PWA  
for Houalla Enterprises, Ltd. (dba Metro Builders & Engineers Group, Ltd.)  
and future amendments to the agreement within Council authorized limits.  
ENVIRONMENTAL DETERMINATION:  
The proposed action is exempt from the California Environmental Quality Act  
(CEQA). The action involves an organizational or administrative activity of  
government that will not result in the direct or indirect physical change in the  
environment. In addition, the proposed action is exempt under section 15301  
relating to the operation, repair, maintenance, permitting, and/or minor alteration  
of existing public facilities.  
Attachments:  
3.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Authorize the Interim City Manager and City Clerk to execute a Professional  
Services Agreement (PSA) for network cable and camera installation to BCS  
Consultants, 9910 Irvine Center Drive, Irvine, CA 92618 in the amount of  
$740,684 for a two-year term, with the option for a one (1) one-year renewal.  
2. Authorize a five percent (5%) contingency in the amount of $37,034 for  
unforeseen costs.  
3. Authorize the Interim City Manager or designee to execute future authorized  
amendments to the agreement.  
Attachments:  
4.  
RECOMMENDATION:  
Staff is requesting that the City Council:  
1. Receive and file the feasibility study conducted by the Orange County  
Power Authority (OCPA) and the corresponding presentation led by  
OCPA;  
2. Provide direction on the substantial staff research required to evaluate  
joining OCPA; and  
3. Direct staff to identify available funding for any costs associated with  
Costa Mesa’s potential membership in OCPA.  
Attachments:  
NEW BUSINESS:  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Make a finding of California Environmental Quality Act (CEQA) categorical  
exemption pursuant to CEQA Guidelines section 15301.  
2. Adopt plans, specifications, and working details for the Fairview Road Active  
Transportation and Rehabilitation Project, City Project No. 25-10, State  
Project No. CRASL-5312(106).  
3. Award a Public Works Agreement (PWA) for construction to Hardy & Harper,  
Inc., 32 Rancho Circle, Lake Forest, California 92630, in the amount of  
$2,860,000, and authorize a ten percent (10%) contingency in the amount of  
$286,000 for unforeseen costs related to this project.  
4. Authorize the Interim City Manager and the City Clerk to execute the PWA  
for Hardy & Harper, Inc., and future amendments to the agreement within  
Council authorized limits.  
ENVIRONMENTAL DETERMINATION:  
The proposed action is exempt from the California Environmental Quality Act  
(CEQA). The action involves an organizational or administrative activity of  
government that will not result in the direct or indirect physical change in the  
environment. In addition, the proposed action is exempt under section 15301  
relating to the operation, repair, maintenance, permitting, and/or minor alteration  
of existing public facilities.  
Attachments:  
2.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Receive and file staff’s update on the donation of $100,000 to two local  
non-profit organizations, Enough for All Fund ($50,000) and Someone Cares  
Soup Kitchen ($50,000) to provide assistance to impacted residents.  
2. Request direction on tracking at- fault evictions.  
3.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Receive and file this update on options to provide legal defense funding to  
assist residents in connection with federal immigration enforcement and  
direct staff accordingly.  
2. Consider whether and how to participate in Perdomo, et al. v. Noem, et al.,  
United States District Court for the Central District of California, Case No.  
2:25-cv-05605-MEMF-SP.  
Attachments:  
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND  
SUGGESTIONS  
ADJOURNMENT