REGULAR CITY COUNCIL AND HOUSING AUTHORITY*

CITY OF COSTA MESA REGULAR CITY COUNCIL AND HOUSING AUTHORITY* Agenda Tuesday, May 6, 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 Council Member Marr will be attending the meeting via Zoom Webinar from: Hyatt House Richmond/Short Pump 11800 West Broad Street, Suite 1098 Henrico, Virginia 23233 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 May 6, 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/89982812676?pwd=oX6BGzSScr92QUVyg1m0SN8HSTnoqj.1 Or sign into Zoom.com and “Join a Meeting” Enter Webinar ID: 899 8281 2676/ Password: 772583 • 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: 899 8281 2676/ Password: 772583 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. Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to cityclerk@costamesaca.gov, submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting. Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record. Page 2 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* 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. 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 May 6, 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 May 6, 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 Fairview Developmental Center; APN: 420-012-16 Property: 2501 Harbor Blvd., Costa Mesa, CA 92626 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California Under Negotiation: Price and Terms of Payment 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA) 3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA) 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA) 5. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6,(a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Confidential Unit Page 5 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 APN: 424-051-23; Property: 778 Shalimar Drive, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Dominic Bulone Under Negotiation: Price and Terms of Payment 7. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation. 8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to California Government Code Section 54957, (b)(1) Title: City Manager Page 6 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY MAY 6, 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: National Bike Month PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed. Page 7 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 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 25-275 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 25-276 RECOMMENDATION: City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Southern California Edison, Mercury Insurance Company (Robert Wolfshagen), Ali Berri, Parker Bittner, Karen Franco, Cathy Jo Liebel. Page 8 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* 3. ADOPTION OF WARRANT RESOLUTION 25-269 RECOMMENDATION: City Council approve Warrant Resolution No. 2733. Attachments: 1. Summary Check Registration 4-3-25 2. Summary Check Registration 4-10-25 3. Summary Check Registration 4-17-25 4. MINUTES 25-277 RECOMMENDATION: City Council approve the minutes of the regular meeting of April 15, 2025. mmendation Attachments: 1. 04-15-2025 Draft Minutes 5. ALERTOC MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN 25-271 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 Operations Guidelines and vendor-provider agreements, commencing on December 30, 2024, through December 30, 2029. 2. Authorize the City Manager and/or her designee to execute and manage the MOU on behalf of the City of Costa Mesa. Attachments: 1. 2024 MOU AlertOC Final Sheriff Approved 2. Exhibit A - MA-060-25010178 Everbridge Inc 3. Exhibit B - AlertOC Policy 4. Exhibit C - Individual User Agreement Page 9 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* 6. FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS - 25-274 ADAMS AVENUE TO FAIR DRIVE RECOMMENDATION: Staff recommends the City Council: 1. Award a Professional Services Agreement (PSA) to Onward Engineering for professional engineering design services for the Fairview Road Active Transportation Improvements - Adams Avenue to Fair Drive project (Federal Project No. STPL-5312(109)) in the amount of $313,081, in final form approved by the City Attorney. 2. Authorize a ten percent (10%) contingency in the amount of $31,308 for any unforeseen costs that may be required by the project. 3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement. Attachments: 1. Proposed PSA with Onward Engineering 7. PROPOSED BUSINESS IMPROVEMENT AREA (BIA) 25-281 REAUTHORIZATION AND INTENTION TO LEVY AN ANNUAL ASSESSMENT RECOMMENDATION: Staff recommends the City Council: 1. Approve the 2024-2025 Annual Report for the Business Improvement Area (BIA) (Attachment 1). 2. Receive and file the audited financial report for Fiscal Years Ended June 30, 2024 and June 30, 2023 (Attachment 2). 3. Adopt the Resolution declaring the City’s intention to levy an annual assessment for Fiscal Year 2024-25 for the Business Improvement Area covering certain Costa Mesa hotels and motels and setting the time and place for a Public Hearing on the proposed annual assessment (Attachment 3). Attachments: 1. TCM Annual Report 2. FY Ending June 2024 Financial Audit 3. Resolution No. 2025-XX Intent Business Improvement Area 4. BIA Update for City Council 4.30.25 Page 10 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* 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.) 1. APPEAL OF THE PLANNING COMMISSION’S DECISION TO 25-239 UPHOLD THE DIRECTOR OF DEVELOPMENT SERVICES DETERMINATION THAT CONDITIONAL USE PERMIT (CUP) PA-21-23 TO ESTABLISH A CANNABIS STOREFRONT LOCATED AT 1687 ORANGE AVENUE (DBA KING’S CREW) HAS EXPIRED RECOMMENDATION: Staff recommends the City Council: 1. Find that the appeal is not subject to the California Environmental Quality Act (CEQA) per California Public Resources Code Section 15268. 2. Uphold the Director of Development Services determination that Conditional Use Permit (CUP) PA-21-23 has expired pursuant to Costa Mesa Municipal Code Sections 13-29(k)(2) and CUP Condition of Approval No. 2. Attachments: Agenda Report 1. Resolution 2. Appeal Application 3. Planning Commission Resolution 4. Planning Commission Agenda Report 5. Planning Commission Minutes 6. Notice of Expiration of CUP OLD BUSINESS: NONE. Page 11 of 12 REGULAR CITY COUNCIL AND HOUSING Agenda May 6, 2025 AUTHORITY* NEW BUSINESS: 1. CAPITAL ASSET NEEDS (CAN) ORDINANCE EMERGENCY 25-283 EXCEPTION AND CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT DEFERRALS - FISCAL YEAR 2024-25 RECOMMENDATION: Staff requests the City Council: 1. Authorize the “Emergency Exception” clause of the Capital Asset Needs Ordinance under Section 2-209.2 (a)(2), Economic Downturn, for Fiscal Year 2024-25. 2. Provide direction on which approved projects may be deferred to help address the General Fund revenue shortfall resulting from the current economic downturn. 3. Approve a financial plan to reinstate the $2.9 million in deferred projects by: a. Prioritizing funding in FY 2025-26 if revenues exceed expectations, and if needed. b. Reinstate the funding over a 10-year period for fiscal years that revenues exceed expenditures to ensure a fiscally sustainable General Fund budget. Attachments: 1. Capital Asset Needs Code 2. Capital Improvement Program 3. Summary of Proposed Alternative Projects for Deferral ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS ADJOURNMENT Page 12 of 12