REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Regular MeetingCosta Mesa, CA · February 20, 2024
Agenda
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
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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 .
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REGULAR CITY COUNCIL AND Agenda February 20, 2024
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
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Comments received by 12:00 p.m. on the date of the meeting will be provided to the City
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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.
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REGULAR CITY COUNCIL AND Agenda February 20, 2024
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
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
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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].
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REGULAR CITY COUNCIL AND Agenda February 20, 2024
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. 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
2. 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.
3. 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.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE
CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Anticipated Litigation.
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REGULAR CITY COUNCIL AND Agenda February 20, 2024
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
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 LORI ANN FARRELL HARRISON
City Attorney 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. Proclamation: 2024 Black History Month 24-047
Attachments: Proclamation: 2024 Black History Month
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2. Proclamation: 211 OC Month 24-063
Attachments: Proclamation: 211 OC Month
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.
1. Council Member Harper
2. Council Member Marr
3. Council Member Reynolds
4. Council Member Chavez
5. Council Member Gameros
6. Mayor Pro Tem Harlan
7. 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.
1. 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.
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
2. 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.
3. ADOPTION OF WARRANT RESOLUTION 24-034
RECOMMENDATION:
City Council approve Warrant Resolution No. 2711.
Attachments: Summary Check Register 12-28-2023
Summary Check Register 1-08-2024
Summary Check Register 1-11-2024
Summary Check Register 1-18-2024
4. MINUTES 24-035
RECOMMENDATION:
City Council approve the minutes of the regular meeting of January 16, 2024.
Attachments: 01-16-2024 Draft Minutes
5. 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: 1. PSA Amend. No. 4
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
6. SPENDING AUTHORIZATION APPROVAL FOR ON-CALL 24-046
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.
Attachments: 1. PSA Environmental List
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
7. 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),
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
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.
Attachments: 1. Bid Abstract
2. Interwest Proposal
8. 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.
Attachments: 1. MSA - Performance Truck Repair
2. MSA - Bit Pros Inc
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
9. 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.
Attachments: 1. Joann and Federal Permit Parking Resolution
2. Revised Guidelines and Policies July 2022
3. Joann and Federal Map
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
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-------------------------------
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REGULAR CITY COUNCIL AND Agenda February 20, 2024
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. REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY 24-031
PLANNING APPLICATION 22-22 FOR A CONDITIONAL USE PERMIT
TO OPERATE A RETAIL CANNABIS STOREFRONT BUSINESS WITH
DELIVERY LOCATED AT 1858 NEWPORT BOULEVARD (“EVOLV
HERBAL”)
RECOMMENDATION:
Staff recommends the City Council review the Planning Commission’s decision
to deny Planning Application 22-22.
Attachments: Agenda Report
1. Resolution for Approval
2. Resolution for Denial
3. Filed Review Application
4. Applicant supplemental letter
5. Planning Commission approved minutes
6. Planning Commission Resolution
7. Planning Commission Public Comments
OLD BUSINESS: NONE.
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
NEW BUSINESS:
1. 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).
Attachments: 1. FY 2022-23 Annual Comprehensive Financial Report
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
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
2. 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.
Attachments: Agenda Report
1. Urban Plan Summary
2. Applicant Letter
3. Conceptual Plans
4. Parking Analysis
3. “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.
Attachments: Agenda Report
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
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REGULAR CITY COUNCIL AND Agenda February 20, 2024
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
4. 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.
Attachments: 1. CMFA Resolution
2. CMFA 2024 MOU
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY*
5. 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.
Attachments: 1. Resolution ROPS FY 2023-24
2. Resolution to Dissolve the Successor Agency
3. Exhibit A -ROPS Payment Schedule 24-25
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
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