CITY OF COSTA MESA  
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE  
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*  
Agenda  
Tuesday, February 21, 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  
virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code  
§54953(b)(3)) the City Council Members and staff may choose to participate in person or by  
video conference.  
You may participate via the following options:  
1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are  
feeling ill, or if you've been exposed to someone with COVID-19, you may still participate in  
the meeting via Zoom.  
2. 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.  
Note: If you have installed a zoom update, please restart your computer before  
participating in the meeting, to prevent audio issues.  
3. 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: 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.  
4. 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.  
5. 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.  
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]. Language  
translation services are available for this meeting by calling (714) 754-5225 at least 48 hours  
in advance.  
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]. Servicios de traducción de idioma están disponibles para esta  
junta llamando al (714) 754-5225 por lo mínimo 48 horas de anticipación.  
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.  
PUBLIC EMPLOYMENT, WORKERS' COMPENSATION CLAIM  
Pursuant to California Government Code section 54956.9 (b)(1); WCAB NO.  
ADJ12715668  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
Pursuant to California Government Code Section 54956.9 (d)(1)  
Name of Case: Lorna Lyttle vs. City of Costa Mesa Orange County Superior Courts  
Case No. 30-2022-01268630-CU-OE-WJC  
3.  
4.  
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 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  
5.  
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - TWO  
CASES  
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.  
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY  
TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY  
February 21, 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.  
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA  
Comments are limited to 3 minutes, or as otherwise directed.  
Comments on Consent Calendar items may also be heard at this time.  
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.  
1.  
2.  
3.  
4.  
5.  
6.  
7.  
Council Member Gameros  
Council Member Harper  
Council Member Marr  
Council Member Reynolds  
Council Member Chavez  
Mayor Pro Tem Harlan  
Mayor Stephens  
REPORT – CITY MANAGER  
REPORT – CITY ATTORNEY  
CONSENT CALENDAR (Items 1-10)  
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: Southern  
California Edison (Leslie Murtaugh), Wendy and Steven Fink, Brenda Carol  
Kittle, Juan Jose Rodriguez.  
3.  
RECOMMENDATION:  
City Council approve Warrant Resolution No. 2694.  
Attachments:  
4.  
5.  
RECOMMENDATION:  
City Council approve the Minutes of the Regular meeting of February 7, 2023.  
Attachments:  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Approve Amendment No. 5 (Attachment No. 1) to the Professional  
Services Agreement (PSA) with Sweeping Corp of America (SCA),  
formerly known as CleanStreet, for Citywide street sweeping services.  
2. Approve extension of time to June 30, 2023 and an increase of  
$248,815.48 to the compensation, totaling an annual not-to-exceed  
amount of $1,007,358.26.  
3. Authorize the City Manager and City Clerk to execute the PSA and future  
amendments to the agreement within Council authorized limits with SCA.  
Attachments:  
6.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Approve the Third Amendment (Attachment 1) to the Maintenance  
Services Agreement (MSA) with West Coast Arborists, Inc. (WCA), to  
provide maintenance of the Citys urban forest, increasing the annual  
compensation by $150,000 for an annual not to exceed amount of  
$778,679.04.  
2. Authorize the City Manager and City Clerk to execute the proposed  
amendment and future amendments to the MSA.  
Attachments:  
7.  
RECOMMENDATION:  
Staff recommends that the City Council give a second reading to and adopt:  
Ordinance No. 2023-02 to repeal Chapter I (Bicycles and Motorized Bicycle  
Licensing) to Title 4 (Bicycles) of the Costa Mesa Municipal Code to comply with  
current California law.  
Attachments:  
8.  
RECOMMENDATION:  
Staff recommends the City Council:  
1. Approve and authorize the Costa Mesa Police Department to reinstate  
membership with the California Board of State and Community Corrections  
(BSCC) and to adhere with policies and practices governed by their division  
known as Standard and Training for Corrections (STC).  
2. Adopt Resolution 2023-xx in support of an application to BSCC to receive  
funds for training under the STC program for our custody officers.  
Attachments:  
9.  
RECOMMENDATION:  
Staff recommends the City Council give second reading to and adopt Ordinance  
No. 2023-03 approving Code Amendment CO-2022-01, amending Title13 of the  
Costa Mesa Municipal Code (Zoning Code) to clarify existing accessory dwelling  
unit provisions and to modify standards to conform to recent revisions to State  
law.  
Attachments:  
10.  
RECOMMENDATION:  
Staff recommends City Council give the City Manager, or her designee, the  
authority to issue refunds for retail cannabis application fees.  
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:  
· Uphold the Planning Commission’s decision and adopt a Resolution to  
deny Planning Application 22-21; or  
· Overturn the Planning Commission’s decision and adopt a Resolution to  
approve Planning Application 22-21, subject to conditions of approval; or  
· Remand Planning Application 22-21 back to the Planning Commission to  
reconsider the matter.  
Attachments:  
OLD BUSINESS: NONE.  
NEW BUSINESS: NONE.  
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND  
SUGGESTIONS  
ADJOURNMENT