CITY OF COSTA MESA

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*

Agenda - Final Amended

Tuesday, June 6, 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

Council Member Marr will be attending the meeting via Zoom Webinar from:

Hyatt Place Arlington

2401 Wilson Blvd

Arlington, VA 22201

PLEASE NOTE, THE FOLLOWING TWO ITEMS HAVE BEEN REMOVED FROM THE

AGENDA:

PUBLIC HEARING ITEM #1: REVIEW OF THE PLANNING COMMISSION’S APPROVAL

OF THE NORTHGATE MARKET AT 2300 HARBOR BOULEVARD (UNIT C), AND

NEW BUSINESS ITEM #1: COSTA MESA BRIDGE SHELTER CAPACITY PROJECT.

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:

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

Enter Webinar ID: 983 7639 0419/ Password: 905283

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

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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.

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

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

Name of Case: Ohio House, LLC v. City of Costa Mesa, USDC, Central District of CA,

Case No. 8:19 cv 01710 DOC (KESx)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Pursuant to California Government Code Section 54957 (b) (1)

Title: City Manager

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY

JUNE 6, 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:

Presentation: Estancia High School Girls Softball CIF Souther n 2 3-1239

Section Playoffs Champions

Presentation: Costa Mesa High School Boys’ Swimming CI F 2 3-1241

Southern Section Division Champions

Presentation: Newport Harbor High School Boys Volleyball CI F 2 3-1240

Southern Section Division Champions

Proclamation: 2023 National Gun Violence Awareness Day

06.06.2023 National Gun Violence Awareness Day

23-1237

23-1238

Attachments:

Proclamation: 2023 Pride Month

06.06.2023 Pride Month

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 4 minutes. Additional comments will be heard at the

end of the meeting.

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

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 3-1211

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

23-1212

RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Hallock

Derickson Davis, Geico (Claire Ting), Kailyn Mensing, Melissa Moore, Chad

Peters, The Ledger Law Firm (Landon Hurtado), Daniel Vo.

ADOPTION OF WARRANT RESOLUTION

23-1215

RECOMMENDATION:

City Council approve Warrant Resolution No. 2699.

1. Summary Check Register week of 4.24.23

2. Summary Check Register week of 5.1.23

3. Summery Check Register week of 5.8.23

4. Summary Check Register week of 5.15.23

5. Summary Check Register week of 5.22.23

Attachments:

MINUTES

23-1213

RECOMMENDATION:

City Council approve the Minutes of the Strategic Planning Retreat of March 10,

2023, the Regular meeting of May 2, 2023, the Study Session meeting of May 9,

2023, and the Special Joint Study Session of May 16, 2023.

1. 03-10-2023 Draft Minutes

2. 05-02-2023 Draft Minutes

3. 05-09-2023 Draft Minutes

4. 05-16-2023 Draft Minutes

Attachments:

SERVICE AGREEMENT AMENDMENT WITH TYLER TECHNOLOGIE S 2 3-1214

TO MODIFY THE AGREEMENT FROM A NAMED USER LICENSE TO

A CITY-WIDE SITE LICENSE FOR THE CITY’S LAND MANAGEMENT

SYSTEM

RECOMMENDATION:

Staff recommends the City Council:

Authorize the City Manager and City Clerk to execute Amendment No. 3 with

Tyler Technologies to modify the agreement to provide for a citywide site

license, increasing the total compensation by $150,000 for a not-to-exceed

amount of $1,210,856, in substantially the form as attached and in such final

form as approved by the City Attorney.

1. Draft Amendment

Attachments:

AWARD OF CITY SIDEWALK AND GUTTER FLOW GRINDIN G 2 3-1216

SERVICES TO BPR, INC.

RECOMMENDATION:

Staff recommends the City Council:

1. Award the Maintenance Services Agreement (MSA) for citywide sidewalk

grinding and gutter flow grinding with BPR, Incorporated, for an initial

three-year period with two one-year renewal periods for a not to exceed

annual amount of $150,000.

2. Authorize a 10% contingency annually for emergency response, special

events and other unforeseen costs; and approval for Consumer Price Index

(CPI) escalation and de-escalation.

3. Authorize the City Manager and the City Clerk to execute the agreement and

future amendments to this agreement within Council authorized limits.

1. Maintenance Services Agreement with BPR, Inc.

2. Bid Tabulation

Attachments:

REJECT ALL BIDS - PLACENTIA AVENUE STORM WATER QUALIT Y 2 3-1218

IMPROVEMENT PROJECT, CITY PROJECT NO. 23-02

RECOMMENDATION:

Staff recommends the City Council reject all bids for the Placentia Avenue Storm

Water Quality Improvement Project, City Project No. 23-02.

1. Bid Abstract

Attachments:

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEA R 2 3-1226

2023-24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND

ACCOUNTABILITY ACT OF 2017 AND RE-ALLOCATE FISCAL YEAR

2018-19 CAPITAL IMPROVEMENT PROGRAM ROAD MAINTENANCE

AND REHABILITATION ACCOUNT FUNDS

RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution No. 2023-xx approving the Fairview Road Improvement

Project (Adams Avenue to Fair Drive) for funding with Road Maintenance

and Rehabilitation Account (RMRA) revenues for Fiscal Year 2023-24.

2. Appropriate previously approved allocation of Fiscal Year 2018-19 Capital

Improvement Program RMRA Funds from the Fairview Road (I-405 to

Adams Avenue) project, in the amount of $1,178,820, to the Newport

Boulevard (Victoria Street / 22nd Street to 19th Street) project.

Attachments:

STATE-MANDATED ANNUAL FIRE INSPECTIONS

RECOMMENDATION:

Staff recommends that the City Council adopt a resolution to accept this

Compliance Report as its report on the status of all 2022 state-mandated annual

fire inspections in the City as required by California Health and Safety Code

Section 13146.4.

1. SB 1205 Resolution

Attachments:

10.

REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING O F 2 3-1068

JULY 5, 2023

RECOMMENDATION:

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

July 5th, 2023.

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.)

THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.

REVIEW OF THE PLANNING COMMISSION’S APPROVAL OF THE NORTHGATE

MARKET AT 2300 HARBOR BOULEVARD (UNIT C)

BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION T O 2 3-1217

LEVY ANNUAL ASSESSMENT

RECOMMENDATION:

Staff recommends the City Council:

1. Conduct a public hearing regarding the Business Improvement Area (BIA)

reauthorization and levy of the annual assessment for Fiscal Year 2023-

2024.

2. Adopt Resolution No. 2023-XX, confirming the annual report filed by Travel

Costa Mesa and levying an annual assessment for Fiscal Year 2023-2024

for the Business Improvement Area covering certain Costa Mesa hotels and

motels.

1. BIA Resolution

Attachments:

CONSOLIDATED MASTER FEE SCHEDULE

23-1222

RECOMMENDATION:

Staff recommends the City Council

1. Open a Public Hearing and take testimony, if any.

2. Adopt a Resolution of the City Council of the City of Costa Mesa,

California, Adopting a Consolidated Schedule of User and Regulatory

Fees for Various City Services.

1. Consolidated Master Fee Schedule - 060123

Attachments:

2. Resolution - Consolidated Fee Schedule - DRAFT

3. FIPAC Letter to Council by the Revenue Subcommittee

FISCAL YEAR 2023-24 PROPOSED OPERATING AND CAPITA L 2 3-1224

IMPROVEMENT PROGRAM AND HOUSING AUTHORITY BUDGET

RECOMMENDATION:

Staff recommends that City Council:

1. Approve Resolution 23-XX, adopting the Proposed Fiscal Year 2023-24

Operating and Capital Improvement Program (CIP) Budget; and

2. Approve Joint Resolution 23-XX adopting the Housing Authority Budget

including Housing and Community Development expenditures for Fiscal

Year 2023-24; and

3. Authorize and approve staffing as follows:

a. Authorize the following full-time positions: Business License Inspector,

Cyber Security Analyst, Associate Engineer, and a Management

Analyst (Solid Waste Coordinator) for an increase of 4.0 FTE as

presented at the May 9, 2023 Study Session; and

b. Authorize the following part-time to full-time conversions: Animal

Control Officer, Community Services Specialist to Crime Analyst,

Property Evidence Specialist, four Recreation Specialists, Video

Production Specialist, and a Maintenance Worker to one Equipment

Mechanic for a net 2.62 FTE increase as presented at the May 9, 2023

Study Session; and

c. Authorize an additional 0.25 FTE to convert a part-time Management

Aide to full-time in the Homeless Services Division to help support

increasing homeless services; and

d. Consolidate the Animal Services and Enforcement Program by

transferring the Animal Services Program and associated staff from the

Parks and Community Services Department to the Police Department

and authorize a full-time Animal Control Supervisor position in the

Police Department; and

e. Approve Salary and Classification Updates Resolution 23-xx (new

Assistant Fire Chief positions); and

f. Approve Salary and Classification Updates Resolution 23-xx for

(Animal Control Supervisor and Cyber Security Analyst); and

4. Authorize the City Manager, or her designee, to appropriate funding to

fully cover all prior years and new FY 2023-24 Arts and Culture Master

Plan costs by utilizing FY 2022-23 General Fund year-end savings; and

5. Authorize the City Manager, or her designee, to work with the City

Attorney’s Office to execute any and all documents necessary to finance

and purchase the large equipment and machinery purchases: water truck,

stake bed, sign truck, street stencil truck, asphalt roller truck, and two Fire

pumper trucks (one partially offset by CDBG funds) for an estimated

lease amount of $2.3 million; and

6. Authorize the City Manager, or her designee, to work with the Newport

Mesa Unified School District for the use of school fields for expanded

community and recreational use and open space opportunities, including

but not limited to, the addition of new full time or part time staff and

operating appropriations; and

7. Approve Resolution 23-XX establishing the Fiscal Year 2023-2024 GANN

Appropriations Limit for the City of Costa Mesa at $298,356,781, by using

Orange County’s growth for population adjustment, and the California per

capita income growth for inflationary adjustment; and

8. Approve the City of Costa Mesa’s Revised Special Event Rates; and

9. City Council action is requested for the following to comply with AB 481

Police Equipment Report and Resolution:

a. Receive and file the 2023 Annual AB 481 Report and take public

comment; and

b. Approve Resolution 23-XX Renewing Ordinance No. 2022-03, the

AB 481 Equipment Use Policy of the City of Costa Mesa,

California, governing the use of police safety equipment.