REGULAR CITY COUNCIL AND HOUSING AUTHORITY*

CITY OF COSTA MESA REGULAR CITY COUNCIL AND HOUSING AUTHORITY* Agenda Tuesday, February 18, 2025 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 technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, 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. Closed Captioning is available via the Zoom option in English and Spanish. Page 1 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* As a courtesy, the public may participate via the Zoom 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. Page 2 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 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. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. 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. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas. Page 3 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* 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]. Page 4 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 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 Employment, Workers’ Compensation Claim, Pursuant to California Government Code Section 54956.9 (b)(1), WCAB NO. ADJ18072347 2. Public Employment, Workers’ Compensation Claim, Pursuant to California Government Code Section 54956.9 (b)(1), WCAB NO. ADJ18438457 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 APN: 424-211-01; Property: 695 W. 19th Street, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Jamboree Housing Under Negotiation: Price and Terms of Payment 5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave. Orange County Superior Court Case No. 30 2020 01133479 Page 5 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY FEBRUARY 18, 2025 – 6:00 P.M. JOHN STEPHENS Mayor MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3 ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2 JEFF PETTIS MIKE BULEY Council Member - District 6 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: Black History Month PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Comments on Presentation and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed. Page 6 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* 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 Reynolds 2. Council Member Pettis 3. Council Member Buley 4. Council Member Gameros 5. Council Member Marr 6. Mayor Pro Tem Chavez 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 25-177 ORDINANCES AND RESOLUTIONS RECOMMENDATION: City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions. 2. READING FOLDER 25-178 RECOMMENDATION: City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Mark Gnesin, Cody Grant, Lori Harvey, Edward Kao. Page 7 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* 3. ADOPTION OF WARRANT RESOLUTION 25-166 RECOMMENDATION: City Council approve Warrant Resolution No. 2728. Attachments: 1. Summary Check Register 1-27-25 2. Summary Check Register 1-23-25 4. MINUTES 25-179 RECOMMENDATION: City Council approve the minutes of the special meeting of January 28, 2025 and the regular meeting of February 4, 2025. Attachments: 1. 01-28-2025 Draft Minutes 2. 02-04-2025 Draft Minutes Page 8 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* 5. AWARD OF THE COSTA MESA CITY HALL TRAINING ROOM 25-168 BASEMENT REMODEL PROJECT, CITY PROJECT NO. 24-11, AND FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL EXEMPTION RECOMMENDATION: Staff recommends the City Council: 1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA guidelines Section 15301 and adopt plans, specifications, and working details for the Costa Mesa City Hall Training Room Basement Remodel Project, City Project No. 24-11. 2. Reject the bid submitted by Triangle DeCon Services, Inc., 25422 Adriana Street, Mission Viejo, California 92691 as non-responsive. 3. Award a Public Works Agreement (PWA) for construction to American Construction Company, LLC (ACC), 1130 North Kraemer Boulevard, No. 1, Anaheim, California 92806 in the amount of $490,000 with an additional ten percent (10%) contingency in the amount of $49,000, as needed for any unforeseen costs related to this project. 4. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits. 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 the 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. Attachments: 1. Proposed Renderings 2. Bid Abstract 3. Bid Protest from ACC 4. Staff's Response to Bid Protest 5. PWA Page 9 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* 6. EMERGENCY GENERATOR UNITS FOR CITY HALL AND THE 25-180 COMMUNICATIONS BUILDING RECOMMENDATION: Staff recommends the City Council: 1. Authorize the use of Sourcewell’s Cooperative Agreement #092222-CAT with Caterpillar Inc. for the purchase of two (2) diesel emergency generators, two (2) automatic transfer switches, and two (2) double wall day tanks for fuel for City Hall and the Communications Building through Quinn Power Systems totaling $389,543.19. 2. Approve an appropriation of $700,000 in the Capital Improvement Fund (Fund 401) fund balance to purchase the equipment outlined above totaling $389,543.19, and an additional $300,000 for a separate design and installation contract to be brought under separate cover in the future, ensuring sufficient funds are available to complete the project. Attachments: 1. Quote for Generators 7. EXTENSION OF OPTION TO LEASE AGREEMENT TO CONSTRUCT 25-193 AND OPERATE A 70-UNIT AFFORDABLE SENIOR AND SUPPORTIVE HOUSING PROJECT LOCATED AT THE CITY’S SENIOR CENTER, 695 WEST 19TH STREET RECOMMENDATION: Staff recommends the City Council review and approve the proposed “Extension of Option to Lease Agreement” for an additional 60-day term that will expire on April 30, 2025 to finalize lease negotiations with appropriate affordable housing terms and complete assembling funding for the project. Attachments: 1. Amendment No. 2 - Option to Lease AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT CALENDAR ------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS: NONE. (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE. Page 10 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* NEW BUSINESS: 1. PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR 25-149 HOUSING ELEMENT REZONING PROGRAM AND ENVIRONMENTAL IMPACT REPORT RECOMMENDATION: Staff recommends the City Council: 1. Approve a Professional Services Agreement (PSA) to Dudek (an environmental, planning and engineering firm) in the amount of $1,850,611 for consulting services, for a three-year term, with up to two one-year extensions, if necessary, with the initial three-year term effective February 18, 2025 - February 17, 2028. 2. Authorize a ten percent (10%) contingency in the amount of $185,061 for unforeseen costs related to the project. 3. Authorize the City Manager, or designee, and City Clerk to execute the PSA and any future amendments to the agreement. Attachments: Agenda Report 1. Dudek Professional Services Agreement Page 11 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda February 18, 2025 AUTHORITY* 2. CITY OF COSTA MESA, COSTA MESA FINANCE AUTHORITY, AND 25-133 COSTA MESA HOUSING AUTHORITY AUDITED FINANCIAL STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR THE PERIOD ENDING JUNE 30, 2024. RECOMMENDATION: 1. Staff recommends the City Council receive and file the following reports for the fiscal year ended June 30, 2024: 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, 2024 (Attachment 5). 3. Staff recommends the City Council and Housing Authority receive and file the following reports for the fiscal year ended June 30, 2024: 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 2023-24 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. ACFR 2. Air Quality Improvement Fund Compliance Report 3. Audit Communication Letter 4. Independent Accountant Report 5. Finance Authority 6. Financial Audit of the Housing Authority 7. Housing Report CMHA FY-23-24 ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS ADJOURNMENT Page 12 of 12