CITY OF COSTA MESA

REGULAR CITY COUNCIL AND HOUSING AUTHORITY*

Agenda

Tuesday, April 2, 2024

6:00 PM

City Council Chambers

77 Fair Drive

*Note: All agency memberships are reflected in the title "Council Member"

5:00 P.M. Closed Session

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are unable to participate in the meeting via the processes set forth above, please contact the

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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.

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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.

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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 - 5:00 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 - INITIATION OF LITIGATION - ONE CASE

Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.

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

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY

APRIL 2, 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:

Presentation: Active Transportation Committee Update

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 Chavez

Council Member Gameros

Council Member Harper

Council Member Marr

Council Member Reynolds

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 24-105

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

24-106

RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize

staff to reject any and all Claims: Morgan & Morgan (Heidi Kearns), Eli

Navarette, Gary Reynolds.

ADOPTION OF WARRANT RESOLUTION

24-104

RECOMMENDATION:

City Council approve Warrant Resolution No. 2714.

Summary Check Register 03-14-2024

Summary Check Register 03-21-2024

Attachments:

MINUTES

24-107

RECOMMENDATION:

City Council approve the minutes of the regular meeting of March 19, 2024.

03-19-2024 Draft Minutes

Attachments:

DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN 24-112

CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2024

REGIONAL CONFERENCE AND GENERAL ASSEMBLY

RECOMMENDATION:

Staff recommends the City Council designate Council Member Arlis Reynolds as

the delegate for the upcoming 2024 Annual Southern California Association of

Governments (SCAG) Regional Conference and General Assembly.

AMENDMENT TO THE CITYWIDE TRAFFIC SIGNAL MAINTENANCE 24-103

CONTRACT

RECOMMENDATION:

Staff recommends the City Council:

1. Approve the First Amendment (Attachment 1) to the Maintenance Services

Agreement (MSA) with Yunex LLC to provide maintenance of the City’s traffic

signals, increasing the annual compensation for current and future years of

the MSA by $100,000, for an annual amount not to exceed $500,000.

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

future amendments to the agreement.

1. Amendment No. 1 to MSA

Attachments:

2. MSA for signal maintenance with Yunex

REJECT ALL BIDS - WILSON, WAKEHAM, AND TEWINKLE PARKS 24-114

BRIDGES REPLACEMENT PROJECT, CITY PROJECT NO. 23-12

RECOMMENDATION:

Staff recommends the City Council reject all bids for the Wilson, Wakeham, and

TeWinkle Parks Bridges Replacement Project, City Project No. 23-12.

1. Bid Abstract

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.)

SECOND READING OF ORDINANCE NO. 2024-02 AMENDING TITLE 24-102

13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA

MESA MUNICIPAL CODE TO ESTABLISH AFFORDABLE HOUSING

REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT

PROJECTS AND FEE RESOLUTION TO ESTABLISH THE

AFFORDABLE HOUSING IN-LIEU FEE SCHEDULE

RECOMMENDATION:

Staff recommends the Council:

1. Find that the project is categorically exempt from the California

Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Give second reading to and adopt Ordinance No. 2024-02 approving the

Affordable Housing Ordinance and amending Title 13 to establish the

affordable housing requirements for new residential development

projects.

3. Adopt a fee resolution establishing the affordable housing in-lieu fee

schedule.

Agenda Report

Attachments:

1. Draft Ordinance

2. In-Lieu Fee Resolution

3. City Council AHO Changes

4. Housing Plan Programs

5. HCD Compliance Info

6. Information Bulletin 532

OLD BUSINESS:

1. CITY COUNCIL FIRST READING OF ORDINANCES TO AMEND TITLE 24-113

13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9

(LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA

MUNICIPAL CODE TO MODIFY THE CITY’S RETAIL CANNABIS

PROVISIONS AND FIND THIS PROJECT TO BE CATEGORICALLY

EXEMPT FROM CEQA

RECOMMENDATION:

Staff recommends the City Council:

1. Find that the project is categorically exempt from the California

Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Introduce for first reading, by title only, Ordinance No. 2024-03 amending

Title 13 (Planning, Zoning and Development) and Ordinance No. 2024-04

amending Title 9 (Licenses and Business Regulations) of the Costa Mesa

Municipal Code to modify the City’s retail cannabis provisions.

Agenda Report

Attachments:

1. Draft Ordinance Title 13

2. Draft Ordinance Title 9

3. Exhibit A Title 13

4. Exhibit A Title 9

5. Track changes Title 13

6. Track changes Title 9

NEW BUSINESS: (Next Page)

AWARD OF FIRE STATION NO. 4 TRAINING TOWER AND SITE 24-098

IMPROVEMENTS PROJECT, CITY PROJECT NO. 23-04, AND

FINDING OF A CATEGORICAL EXEMPTION FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

RECOMMENDATION:

Staff recommends the City Council:

1. Find that the Fire Station No. 4 Training Tower and Site Improvements

Project, City Project No. 23-04, is categorically exempt from the California

Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section

15301.

2. Adopt plans, specifications, and working details for the Fire Station No. 4

Training Tower and Site Improvements Project, City Project No. 23-04.

3. Authorize the City Manager and City Clerk to execute a Public Works

Agreement (PWA) in a not to exceed amount of $3.5 million and future

contract amendments as approved by the City Attorney within City Council

authorized limits to Caliba, Inc., 8031 Main Street, Stanton, California 90680.

4. Authorize the City Manager and City Clerk to execute a Professional

Services Agreement (PSA) in the amount of $347,241 and future contract

amendments as approved by the City Attorney and within City Council

authorized limits to STV Construction, Inc., 1055 West 7th Street, Suite

2900, Los Angeles, California 90017.

5. Authorize the City Manager to negotiate change orders, as needed, to split

the project into phases based on available funding, and explore financing

options, including bond financing, with final bond documents to be brought to

the City Council for final adoption, to fund the remaining unfunded portion of

the project’s construction costs currently totaling $1.5 million for the second

phase of the project.

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 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.

1. Bid Abstract

Attachments:

2. Kazoni's Bid Protest

3. Caliba's Response

4. STV's Proposal

FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE AND 24-051

ADJUSTMENTS

RECOMMENDATION:

The Finance Department is undergoing the mid-year budget review for Fiscal

Year 2023-24 that began on July 1, 2023. Certain staffing changes are

recommended to assist in achieving City Council goals and priorities as soon as

possible. In addition, Funds in the Capital Improvement Program (CIP) that

need to be carried over into Fiscal Year 2023-24 require City Council approval.

1. Amend the Table of Organization to add 3.27 new FTEs in the Economic and

Development Services Department (2.0 FTEs); Parks and Community

Services (0.75 FTE); and the Police Department (0.52 FTEs) to help achieve

City Council goals and priorities related to housing, park and environmental

resources management, and public safety.

2. Approve FY 2023-24 Staffing title changes and compensation adjustments to

realign positions with current operational needs in multiple departments

(Attachment 2).

a. Approve Resolution No. 2024-XX, approving new classification

and salary/pay ranges for an Animal Services Coordinator, new

title for Multimedia Specialist and new title and pay ranges for

Finance Officer.

b. Approve Resolution No. 2024-XX approving compensation

adjustments for Finance Officer (Confidential).

c. Approve Resolution No. 2024-XX creating new classification and

salary/pay ranges for Graduate Intern and compensation

adjustments for Intern classification, absorbed within the existing

adopted budget, in order to create a more viable pipeline of

applicants to recruit City employees.

3. Approve FY 2023-24 Budget Carryovers from the prior year in the General

Fund and the various Capital Projects Funds (Attachment 1) for outstanding

capital projects.

1. Mid year CIP

Attachments:

2. Confidential Resolution

3. Part Time Resolution

4. CMCEA Resolution

5. 4.2.24 Org chart

APPOINTMENTS TO VARIOUS CITY COMMITTEES

24-086

RECOMMENDATION:

Staff recommends the City Council make appointments as follows:

1. Animal Services Committee - Make four (4) member appointments with a

term expiration of April 2026. One nomination by Mayor Stephens, Council

Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A

Council Member may defer his nomination to the Council Liaison (Mayor

Stephens, Council Member Harper).

2. Active Transportation Committee - Make six (6) member appointments with a

term expiration of April 2026. One nomination by Mayor Stephens, Council

Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan and,

two at large appointments, the two at-large members should ensure broad

representation of different mobility options and experiences (e.g., walk, bike,

bus, and age ability). A Council Member may defer his nomination to the

Council Liaison (Council Member Reynolds).

3. Finance and Pension Advisory Committee - Make four (4) member

appointments with a term expiration of April 2028. One nomination by Mayor

Stephens, Council Member Harper, Council Member Gameros, and Mayor

Pro Tem Harlan. A Council Member may defer his nomination to the Council

Liaison (Mayor Stephens, Alternate Council Member Marr, and Council

Member Harper).

4. Housing and Public Service Grants Committee - Make four (4) regular

member appointments with a term expiration of April 2026. One nomination

by Mayor Stephens, Council Member Harper, Council Member Gameros,

and Mayor Pro Tem Harlan. A Council Member may defer his nomination to

the Council Liaison (Council Member Chavez, Alternate Council Member

Harper).

5. Mobile Home Park Advisory Committee - Make one (1) Park Owner or

Representative appointment, two (2) Mobile Home Park Resident

appointments, and one (1) Independent Citizen At-large appointment, all with

a term expiration of April 2028. One nomination by Mayor Stephens, Council

Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A

Council Member may defer his nomination to the Council Liaison (Council

Member Reynolds, Alternate Council Member Chavez).

6. Approve the recommendation from the Historical Preservation Committee to

formally dissolve in lieu of merging with the Costa Mesa Historical Society

and transferring the Committee’s funds to the Costa Mesa Historical Society.