REGULAR CITY COUNCIL AND HOUSING AUTHORITY*

City of Costa Mesa REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY Agenda Tuesday, September 7, 2021 6:00 PM City Council Chambers 77 Fair Drive 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. The Governor’s Executive Orders N-25-20 and N-29-20 suspend certain requirements of the Brown Act, and City Council Members and staff may choose to participate in person or by video conference. 1. Attending in person: All attendees are required to wear a face covering at all times while in the Council Chambers or City Hall. Please maximize spacing by utilizing all seating in the Chambers. 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 http://costamesa.granicus.com/player/camera/2 publish_id=10&redirect=true and online at youtube.com/costamesatv. Page 1 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar: <https://zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09> 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 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. 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. Please e-mail to the City Clerk at cityclerk@costamesaca.gov NO LATER THAN 12:00 Noon on the date of the meeting. Page 2 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 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. 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. Page 3 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 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. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Section 54957(b)(1) of California Government Code Position: Police Chief 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Section 54956.9 (d)(1) of California Government Code Name of Case: RD X CATALYST – COSTA MESA LLC, a California limited liability Company v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30-2021-01214880-CU-WM-CJC 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Section 54956.9(d)(1) of California Government Code Robert Sharpnack v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01131375-CU-OE-CJC. 4. THREAT TO SECURITY Pursuant to Section 54957(a) of California Government Code Consultation with: Costa Mesa Director of Emergency Services, City Manager, Police Chief, Fire Chief, and Emergency Services Administrator. The City Council and Successor Agency to the Redevelopment Agency will recess for Closed Session. Page 4 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY September 7, 2021 – 6:00 P.M. JOHN STEPHENS Mayor MANUEL CHAVEZ ANDREA MARR Council Member - District 4 Mayor Pro Tem - District 3 JEFFREY HARLAN LOREN GAMEROS Council Member - District 6 Council Member - District 2 ARLIS REYNOLDS DON HARPER Council Member - District 5 Council Member - District 1 City Attorney City Manager KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON CALL TO ORDER NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE Led by Council Member Reynolds 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.] Pastor David Manne, Calvary Chapel, Costa Mesa ROLL CALL CITY ATTORNEY CLOSED SESSION REPORT PRESENTATIONS 1. Oath of Office to new Police Chief, Ron Lawrence. RECOMMENDATION: Click or tap here to enter text. Page 5 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 2. Proclamation: 9/11 20th Anniversary RECOMMENDATION: Click or tap here to enter text. Attachments: September 11th 20 year anniversary 3. Certificates: Airway Bridge Shelter Partners RECOMMENDATION: Click or tap here to enter text. 4. Proclamation: Orange County Public Libraries 100 Year Anniversary RECOMMENDATION: Click or tap here to enter text. Attachments: OC Public Libraries 100 Year anniversary 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 four minutes. Additional comments will be heard at the end of the meeting) 1. Council Member Harper 2. Council Member Reynolds 3. Council Member Chavez 4. Council Member Gameros 5. Council Member Harlan 6. Mayor Pro Tem Marr 7. Mayor Stephens REPORT – CITY MANAGER REPORT – CITY ATTORNEY Page 6 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 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. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS RECOMMENDATION: City Council and Agency Board approve the reading by title only and waive full reading of Ordinances and Resolutions. 2. READING FOLDER Claims received by the City Clerk: Michael Bandoli, William Blackman, David Carranza, Evelyn Flores, Irina Gurovich, Celine Honig, Ariana Longley, Emma Murch, Victoria Tippett RECOMMENDATION: Receive and file. 3. ADOPTION OF WARRANT RESOLUTION RECOMMENDATION: City Council approve Warrant Resolution No. 2665. Attachments: 9-7-21 Warrant Resolution 4. MINUTES RECOMMENDATION: City Council approve the Minutes of the Regular meeting of August 3, 2021 and the Special Closed Session meeting of August 24, 2021. Attachments: 08-03-21 Minutes 08-24-2021 Special Closed Session Minutes Page 7 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 5. ADOPT RESOLUTION TO SUPPORT ORANGE COUNTY VETERANS CEMETERY RECOMMENDATION: The Legislative Review Team recommends the City Council approve Resolution 2021-XX in support of the Orange County Veterans Cemetery. Attachments: Resolution No 2021-XX Orange County Veterans Cemetery 6. MUTUAL AID AGREEMENT (MAA) BETWEEN THE CITY OF COSTA MESA AND THE COUNTY OF ORANGE RECOMMENDATION: Staff recommends the City Council: 1. Approve the Mutual Aid Agreement (MAA) between the City of Costa Mesa and the County of Orange and authorize the City Manager to execute the MAA. 2. Authorize the City Manager, or specified designee, to take any actions necessary for the purposes of obtaining federal financial assistance related to this MAA if those actions do not materially change the terms or amount of the City’s commitment as it is reflected in the above-referenced MAA. 3. Authorize the adjustment of revenue and expense budgets in the City’s annual operating budget to match the mutual aid expenditures invoiced through the County to anticipated revenues. Attachments: Mutual Aid Agreement for COVID-19 Vaccination Program Page 8 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 7. ALERT OC MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE COUNTY OF ORANGE RECOMMENDATION: Staff recommends the City Council: 1. Approve the Memorandum of Understanding (MOU) between the City of Costa Mesa and the County of Orange to allow the use of the County's Countywide Mass Notification System under the terms and conditions of the County's Countywide Mass Notification System Operating Guidelines and vendor-provider agreements, commencing on July 1, 2021 through June 30, 2025. 2. Authorize the City Manager and/or her designee to execute and manage the MOU on behalf of the City of Costa Mesa. Attachments: AlertOC MOU 2021-2025 Exhibit A - Subordinate Agreement MA-060-20010263 Exhibit B - AlertOC Policy Exhibit C - Neighborhood Call Agreement Exhibit D - Individual User Agreement 8. ACCEPTANCE OF COSTA MESA PERMANENT BRIDGE SHELTER FACILITY, 3175 AIRWAY AVENUE, CITY PROJECT NO. 20-05 RECOMMENDATION: Staff recommends the City Council: 1. Accept the work performed by Cal-City Construction, Inc., for the Costa Mesa Permanent Bridge Shelter Facility, 3175 Airway Avenue, City Project No. 20- 05 and authorize the City Clerk to file the Notice of Completion. 2. Authorize the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code 7107(c). Page 9 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 9. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 154 BROADWAY RECOMMENDATION: Staff recommends the City Council adopt a resolution ordering the summary vacation of a portion of the Fullerton Avenue right-of-way at 154 Broadway (Attachment 1). Attachments: Resolution of Vacation (154 Broadway) Exhibits Planning Commission Excess Right-of-Way 154 Broadway 10. CDBG CV HOMELESSNESS PREVENTION AND SERVICES TO LOW/MODERATE INCOME HOUSEHOLDS RECOMMENDATION: Staff recommends that the City Council and the Housing Authority Board of Directors: 1. Authorize the City Manager/Executive Director to execute an agreement for Community Development Block Grant - Coronavirus (CDBG-CV) Round 3 funding with Project Hope Alliance in the amount of $162,382 for a one-year term with a one year no fee extension option, at the discretion of the City Manager/Executive Director. 2. Authorize the City Manager/Executive Director to execute an agreement for Community Development Block Grant - Coronavirus (CDBG-CV) funding from Round 1 for a term of one year, with a one year no fee extension option, at the discretion of the City Manager/Executive Director, with Families Forward, in the amount of $55,000. Attachments: RFP 21-13 Community Services Programs - CDBG-CV Project Hope Alliance and Families Forward Proposals Subrecipient Agreement - Project Hope Alliance AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT CALENDAR ------------------------END OF CONSENT CALENDAR------------------------ Page 10 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) 1. CONDUCT PUBLIC HEARING AND ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 22 ALONG ADAMS AVENUE RECOMMENDATION: Staff recommends the City Council provide direction regarding one of two options for the establishment of an underground utility district along Adams Avenue: 1. Establish Underground Utility District No. 22 along Adams Avenue from Mesa Verde Drive East to Placentia Avenue by adopting the proposed Resolution No. 2021-XX (Attachment 1) at a total estimated cost of $4.7 million, comprised of $2.5 million in Rule 20A funds and $2.2 million in Rule 20B City funds; or 2. Establish Underground Utility District No. 22 along Adams Avenue from Mesa Verde Drive East to Albatross Drive, by adopting the proposed Resolution No. 2021-XX (Attachment 2) at a total estimated cost of $6.2 million, comprised of $2.5 million in Rule 20A funds and $3.7 million in Rule 20B City funds. Attachments: Resolution No. 2021-xx Establishing Underground Utility District No. 22 Placentia Ave. to Mesa Verde Dr. E. - OPTION A Resolution No. 2021-xx Establishing Underground Utility District No. 22 Albatross to Mesa Verde Dr. E. - OPTION B Adams Ave Imps Cross-Section & Rendering Rule 20A & 20B Segments Plat & Legal along Adams Ave. between Mesa Verde Dr. East to Placentia Ave. Plat & Legal along Adams Ave. between Mesa Verde Dr. East to Albatross Dr. Memo (Engineer's Report) - Adams UUD No. 22 Page 11 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 2. FIRST READING TO AN ORDINANCE AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL (ZONING CODE) TO CLEAN UP INTERNAL INCONSISTENCIES BETWEEN VARIOUS CHAPTERS OF THE ZONING CODE AND TO CONFORM TO RECENT REVISIONS TO AND REQUIREMENTS OF STATE LAW (CODE AMENDMENT 2020-02) RECOMMENDATION: Staff recommends the City Council introduce for first reading, by title only, Ordinance No. 2021-XX approving Code Amendment CO-2020-02, amending Title 13 of the Costa Mesa Municipal Code (Zoning Code) to clean up internal inconsistencies between various chapters and conform to recent revisions in compliance with State law. The City Council could also continue the item to the September 21, 2021 City Council meeting for additional discussion, as needed. Attachments: Ordinance No. 2021-XX Exhibit A Exhibit A Red Line PC Resolution 2020-17 OLD BUSINESS: NONE. Page 12 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY NEW BUSINESS: 1. ADOPTION OF RESOLUTION NUMBER 2021-XX TO AMEND COMPENSATION FOR THE POSITION OF POLICE CHIEF AND RELATED AMENDMENTS TO THE EXECUTIVE COMPENSATION PLAN AND EXECUTIVE SALARY SCHEDULE TO ENSURE EXECUTIVE PARITY AND CONTINUITY OF ESSENTIAL SERVICES RECOMMENDATION: City Council adopt Resolution Number 2021-XX (Attachment 1), which revises the Executive Compensation Plan and Executive Salary Schedule. Attachments: Executive Resolution 2. REQUEST TO APPROVE THE TRANSFER OF ST. JOHN’S MANOR AFFORDABLE HOUSING DEVELOPMENT TO AVANATH STJOHNS MANOR LP (“AVANATH”) BY APPROVING THE: (1) ASSIGNMENT, RELEASE, SUBORDINATION, ASSUMPTION AND AMENDMENT OF THE REGULATORY AGREEMENT RELATING TO ST. JOHN’S MANOR; AND, (2) RELEASE OF MEMORANDUM OF AMENDED AND RESTATED AFFORDABLE HOUSING AND HOME INVESTMENT PARTNERSHIP AGREEMENT RECOMMENDATION: Staff recommends that the Housing Authority Board approve the Assignment, Release, Subordination, Assumption and Amendment of the Regulatory Agreement Relating to St. John’s Manor (“Assignment Agreement”) (Attachment 1) and Release of Memorandum of Amended and Restated Affordable Housing and Home Investment Partnership Agreement (“Release Agreement”) (Attachment 2) and authorize the Executive Director to execute these agreements and related documents and to approve Avanath as the new owner and management entity. Attachments: Assignment Agreement Release Agreement Avanath Letter to City of Costa Mesa List of Avanath Properties in California Regulatory Agreement Page 13 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 7 REGARDING TEMPORARY SUSPENSION OF ENFORCEMENT OF CERTAIN PARKING RESTRICTIONS IN RESIDENTIAL NEIGHBORHOODS RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 2021-xx (Attachment 1), ratifying Regulation No. 7 (Attachment 2) issued by the City Manager as Director of Emergency Services revising Regulation No. 5 regarding temporary suspension of enforcement of certain parking restrictions in residential neighborhoods to allow enforcement of the parking prohibitions related to street sweeping Citywide when the street sweeper is present. Attachments: Resolution No. 2021-xx Regulation No. 7 Page 14 of 15 REGULAR CITY COUNCIL AND Agenda September 7, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, ADJOURNMENT The City of Costa Mesa’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact the City Clerk’s office 24 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible 714-754-5225 or at cityclerk@costamesaca.gov. El objetivo de la ciudad de Costa Mesa es cumplir con la ley de Estadounidenses con Discapacidades (ADA) en todos los aspectos. Si como asistente o participante en esta reunión, usted necesita asistencia especial, más allá de lo que normalmente se proporciona, intentaremos de complacer en todas las maneras . Favor de comunicarse a la oficina del Secretario de la Ciudad con 24 horas de anticipación para informarnos de sus necesidades y determinar si alojamiento es realizable al 714-754-5225 o cityclerk@costamesaca.gov Page 15 of 15