CITY OF COSTA MESA

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY*

Agenda

Tuesday, February 20, 2024

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

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

youtube.com/costamesatv.

As a courtesy, and technology permitting, members of the public may also attend online.

Technical difficulties may occur from time to time and unless required by the Brown Act, the

meeting will continue despite the technical difficulties for participants using the online option.

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/81879579049?

pwd=_XoNBT2uciL7zrDsfj4A9Q9srLgExg.bQEU-le6VvXjPDeL

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

Enter Webinar ID: 818 7957 9049/ Password: 608584

• 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: 818 7957 9049/ Password: 608584

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 REAL PROPERTY NEGOTIATOR

Pursuant to California Government Code Section 54956.8

APN:139-031-62,139-651-14

Property:1683 Sunflower Avenue, Costa Mesa, CA 92626

Agency Negotiator: Lori Ann Farrell Harrison, City Manager

Negotiating Parties: Brent Stoll, Rose Equities

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE

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

City of Grants Pass, Petitioner v. Johnson, et al., Respondents,

9th Cir. Ct. of Appeals Nos. 20-35752 & 20-35881 (Johnson v. Grants Pass),

United States Supreme Court Case # 23-175.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE

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

Moyer v. City of Costa Mesa, Orange County Supreme Court Case No.

30-2022-01248290.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE

CASE

Pursuant to California Government Code Section 54956.9 (d)(2), Anticipated Litigation.

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY

FEBRUARY 20, 2024 – 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: 2024 Black History Month

24-047

24-063

Proclamation: 2024 Black History Month

Attachments:

Proclamation: 211 OC 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 3 minutes. Additional comments will be heard at the

end of the meeting.

Council Member Harper

Council Member Marr

Council Member Reynolds

Council Member Chavez

Council Member Gameros

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 ALL 24-032

ORDINANCES AND RESOLUTIONS

RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive

full reading of Ordinances and Resolutions.

READING FOLDER

24-033

RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Joseph Arriola,

Timothy Campagna, Khosrow Jahanbin, Debbie Kaste, William Laidlaw, Walter

MacDonald, Kamran Moghaddam, Tomsit Ungrangsee.

ADOPTION OF WARRANT RESOLUTION

24-034

RECOMMENDATION:

City Council approve Warrant Resolution No. 2711.

Summary Check Register 12-28-2023

Summary Check Register 1-08-2024

Summary Check Register 1-11-2024

Summary Check Register 1-18-2024

Attachments:

MINUTES

24-035

RECOMMENDATION:

City Council approve the minutes of the regular meeting of January 16, 2024.

01-16-2024 Draft Minutes

Attachments:

AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES 24-027

AGREEMENT (PSA) WITH KEYSER MARSTON ASSOCIATES (KMA)

FOR AFFORDABLE HOUSING CONSULTING SERVICES

RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute

Amendment No. 4 to the Professional Services Agreement (PSA) with

Keyser Marston Associates, Inc. (KMA) to increase the not-to-exceed

amount by $55,300 for a total of $155,300, in substantially the same form as

attached and in such final form as approved by the City Attorney.

2. Authorize the City Manager or designee and City Clerk to execute future

amendments to the agreement, so long as such amendments are within the

existing City budget.

Attachments:

ENVIRONMENTAL, TECHNICAL AND STAFFING SERVICES LIST

RECOMMENDATION:

Staff recommends the Council:

1. Approve and authorize the City Manager and City Clerk to authorize

spending authority with each consulting firm listed below through June 30,

2025, in such final form as approved by the City Attorney for on-call

environmental, technical, and staffing services:

· Dudek

· ECORP Consulting, Inc.

· Environmental Science Associates

· FCS International, Inc.

· Galvin Preservation Associates, Inc.

· LSA Associates, Inc.

· Michael Baker International

· PlaceWorks, Inc.

· PSOMAS

· Sagecrest Planning and Environmental

· Stantec Consulting Services

· The Natelson Dale Group, Inc.

2. Authorize the City Manager and City Clerk to execute future amendments

and spending authority with the above-listed firms including any potential

increases in compensation as long as the amendments are pass-through

costs from entitlement application deposit accounts or within the City’s

annual budget.

1. PSA Environmental List

Attachments:

ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION 24-026

PROJECT, FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT

NO. 23-11

RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Adams Avenue and

Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104),

City Project No. 23-11, and find the project categorically exempt from CEQA.

2. Approve a Public Works Agreement (PWA) in the amount of $2,877,242, and

a ten percent (10%) contingency in the amount of $287,724 to Gentry

General Engineering, Inc., 320 West Tropica Rancho Road, Colton,

California 92324.

3. Approve a Professional Services Agreement (PSA) in the amount of

$209,762 and a ten percent (10%) contingency in the amount of $20,976, to

Interwest Consulting Group, Inc., 444 North Cleveland Avenue, Loveland,

Colorado 80537, for construction management services for the Adams

Avenue and Pinecreek Drive Intersection Project.

4. Approve a budget transfer, authorizing the use of the Measure “M2”

Fairshare Fund from the Citywide Street Improvements project budget

(400015) in the amount of $705,500, and appropriation of $750,000 from the

Traffic Impact Fee Fund balance, to the Adams Avenue and Pinecreek Drive

Intersection Project.

5. Authorize the City Manager and the City Clerk to execute the PWA and the

PSA and any future amendments to the agreement within Council authorized

limits.

ENVIRONMENTAL DETERMINATION:

The proposed project is exempt from the California Environmental Quality Act

(CEQA). The project involves an organizational or administrative activity of

government that will not result in direct or indirect physical change in the

environment. The proposed project is categorically exempt under Section 15301

relating to the operation, repair, maintenance, permitting, and/or minor alteration

of existing public facilities. A Notice of Exemption was prepared by City Staff and

was filed and posted at the Orange County Clerk-Recorder Department on

March 4, 2022. The Notice of Exemption was subsequently posted to the Office

of Planning and Research on March 22, 2022.

The proposed project is categorically excluded from the National Environmental

Policy Act (NEPA). Per the Code of Federal Regulations 23 CFR 771.117(c)(3),

the construction of bicycle and pedestrian lanes, paths, and facilities are

considered actions that meet the criteria for categorical exclusions from NEPA

and are deemed to not have any significant environmental impacts. A

Preliminary Environmental Study classifying the project as categorically

excluded was submitted to the California Department of Transportation

(Caltrans) on December 20, 2021. On December 21, 2021, Caltrans provided

concurrence with the NEPA determination of Categorical Exclusion.

1. Bid Abstract

Attachments:

2. Interwest Proposal

AWARD MAINTENANCE SERVICES AGREEMENTS FOR AS 24-048

NEEDED FIRE EQUIPMENT MAINTENANCE, ANNUAL INSPECTION

AND TESTING SERVICES

RECOMMENDATION:

Staff recommends the City Council:

1. Award Maintenance Services Agreements (MSAs) to Bit Pros, Incorporated,

and Performance Truck Repair, Incorporated, for as needed fire equipment

maintenance, annual inspection and testing services for a five-year period,

for an annual amount of $200,000.

2. Authorize a ten percent (10%) contingency of $20,000 annually for

unforeseen costs and approval for Consumer Price Index (CPI) escalation

and de-escalation.

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

future amendments to the agreements within Council authorized limits.

1. MSA - Performance Truck Repair

2. MSA - Bit Pros Inc

Attachments:

APPROVE INCREASES IN PURCHASING AUTHORITY TO 24-049

AGREEMENTS FOR VEHICLE PARTS AND SERVICES

RECOMMENDATION:

Staff recommends the City Council:

Approve and authorize the City Manager to execute change orders that would

authorize an increase in purchase authority of up to $175,000 to each of the

following purchase orders for services and vehicle parts for the remainder of the

current fiscal year and annually thereafter:

· Ford Motor Company

· NAPA Auto Parts

· South Coast Emergency Vehicle Services

· Southern California Fleet Services

10.

RESIDENTIAL PERMIT PARKING PROGRAM - JOANN STREET AND 24-050

FEDERAL AVENUE

RECOMMENDATION:

Staff recommends the City Council:

Adopt the proposed Resolution No. 2024-xx, approving the implementation of a

Resident Permit Parking (RPP) only restriction on Joann Street between

Placentia Avenue and Federal Avenue and on Federal Avenue between Joann

Street and Darrell Street, and authorizing the Transportation Services Manager

to extend the restriction within a 1,000-foot radius as needed, based on a

qualifying petition from affected residents and Council-adopted guidelines.

1. Joann and Federal Permit Parking Resolution

2. Revised Guidelines and Policies July 2022

3. Joann and Federal Map

Attachments:

11.

DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA 24-052

CITY FIRE MANAGEMENT ASSOCIATION (CMFMA) MEET AND

CONFER AND AUTHORIZATION TO PROCEED WITH THE

FINANCIAL ANALYSIS OF THE CURRENT MOU PER THE

TRANSPARENCY IN LABOR NEGOTIATIONS COUNCIL POLICY

RECOMMENDATION:

Staff recommends the City Council:

1. Designate City Manager Lori Ann Farrell Harrison as the City’s Principal

Negotiator, Deputy City Manager Alma Reyes, Human Resources Manager

Kasama Lee, Human Resources Administrator Fanni Acosta and Finance

Director Carol Molina as the City’s representatives in negotiations with the

CMFMA.

2. Authorize staff to have the independent fiscal analysis of the current CMFMA

2017-2024 Memorandum of Understanding (MOU) completed per the

requirements of the Transparency in Labor Negotiations Council Policy.

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

CALENDAR

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

NEW BUSINESS:

CITY OF COSTA MESA, COSTA MESA FINANCING AUTHORITY, 24-045

AND COSTA MESA HOUSING AUTHORITY FINANCIAL

STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR

THE PERIOD ENDING JUNE 30, 2023.

RECOMMENDATION:

1. Staff recommends the City Council receive and file the following reports for

the fiscal year ended June 30, 2023:

a. Annual Comprehensive Financial Report (ACFR) (Attachment 1).

b. Air Quality Improvement Fund Compliance Report (Attachment 2).

c. Audit Communication Letter (Attachment 3).

d. Independent Accountant's Report on Agreed-Upon Procedures

Applied to Appropriation Limit Worksheets (Attachment 4).

2. Staff recommends the City Council and Costa Mesa Financing Authority

receive and file the Costa Mesa Financing Authority audited financial

statements for the fiscal year ended June 30, 2023 (Attachment 5).

3. Staff recommends the City Council and Housing Authority receive and file

the following reports for the fiscal year ended June 30, 2023:

a. Independent Financial Audit of the Costa Mesa Housing Authority,

including the Low and Moderate Income Housing Asset Fund

(Attachment 6); and

b. The Fiscal Year 2022-23 Housing Successor Annual Report prepared

under the California Health and Safety Code Section 34176.1 as the

housing successor and Section 34328 as a housing authority

(Attachment 7).

1. FY 2022-23 Annual Comprehensive Financial Report

Attachments:

2. FY 2022-23 Air Quality Improvement Fund Compliance

Report

3. FY 2022-23 Audit Communication Letter

4. FY 2022-23 Report on Agreed-Upon Procedures Applied to

Appropriation Limit Worksheets

5. FY 2022-23 Costa Mesa Financing Authority Financial

Statements

6. FY 2022-23 Costa Mesa Housing Authority Financial

Statements

URBAN MASTER PLAN SCREENING REQUEST (UMP-21-007) FOR A 24-038

MIXED-USE DEVELOPMENT AT THE CITY’S SENIOR CENTER TO

CONSTRUCT AND OPERATE A 60-UNIT AFFORDABLE SENIOR

HOUSING PROJECT LOCATED AT 695 WEST 19TH STREET

RECOMMENDATION:

Staff recommends the City Council review and provide feedback on the

proposed 60-unit mixed-use development at 695 West 19th Street located in the

19 West Urban Plan area.

Agenda Report

Attachments:

1. Urban Plan Summary

2. Applicant Letter

3. Conceptual Plans

4. Parking Analysis

“THE 12” GYM NOISE STUDY

24-037

RECOMMENDATION:

Staff recommends the City Council receive and file the noise study report

prepared by Sound Media Fusion related to resident concerns regarding

potential noise ordinance violations from business operations at “The 12” gym,

located at 140 East 17th Street, Suite B, in Costa Mesa.

Agenda Report

Attachments:

1. Letter to Wendy Simao

2. Noise Study

3. PA-92-46 and RA-92-07 Report

4. ZA-02-29 Report

5. ZA-18-59 Report

ADOPTION OF THE MEMORANDUM OF UNDERSTANDING 24-053

BETWEEN THE CITY OF COSTA MESA (CITY) AND THE COSTA

MESA FIREFIGHTERS ASSOCIATION (CMFA) AND THE ADOPTION

OF ACCOMPANYING SALARY RESOLUTION FOR CMFA

RECOMMENDATION:

Staff recommends the City Council:

1. Approve and Adopt the Memorandum of Understanding between the City

of Costa Mesa and CMFA.

2. Approve and Adopt Resolution Number 2024-XX revising the pay ranges

for CMFA.

3. Authorize the City Manager and members of the City’s Negotiation Team

to execute the Memorandum of Understanding documents.

1. CMFA Resolution

2. CMFA 2024 MOU

Attachments:

ADOPT RESOLUTION APPROVING FY 2024-25 RECOGNIZED 24-002

OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE COSTA

MESA SUCCESSOR AGENCY AND THEN APPROVE DISSOLUTION

OF THE SUCCESSOR AGENCY TO THE COSTA MESA

REDEVELOPMENT AGENCY

RECOMMENDATION:

Staff recommends the City Council/Successor Agency Board:

1. Approve a Resolution of the City Council/Successor Agency Board of

the City of Costa Mesa, California, approving the Recognized Obligation

Payment Schedule (ROPS) in the amount of $0 for the Fiscal Year 2024

-25 (Attachment 1 and Exhibit A).

2. Approve a Resolution of the City Council/Successor Agency Board of

the City of Costa Mesa, California, requesting the Oversight Board,

Orange County Auditor-Controller and California Department of Finance

approve of the dissolution of the Successor Agency to the Costa Mesa

Redevelopment Agency (Attachment 2).

3. Direct the submission of the Resolutions to the Orange County

Auditor-Controller and the California State Department of Finance.

1. Resolution ROPS FY 2023-24

Attachments:

2. Resolution to Dissolve the Successor Agency

3. Exhibit A -ROPS Payment Schedule 24-25