City of Costa Mesa
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, October 4, 2022
*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 virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.
You may participate via the following options:
1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are feeling ill, or if you've been exposed to someone with COVID-19, you may still participate in the meeting via Zoom.
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.
1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
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://us06web.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 written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. 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. 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 [email protected] 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.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
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, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting.
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.
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]. Language translation services are available for this meeting by calling (714) 754-5225 at least 48 hours in advance.
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]. Servicios de traducción de idioma están disponibles para esta junta llamando al (714) 754-5225 por lo mínimo 48 horas de anticipación.
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
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 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).
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).
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
OCTOBER 4, 2022 – 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
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.]
Pastor David Manne, Calvary Chapel, Costa Mesa
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Presentation: Minor B Orioles - District 62 Winner of 2022 Tournament of Champions
22-891
5 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
2. Proclamation: 2022 Fire Prevention Week 22-889
1. Proclamation: Fire Prevention WeekAttachments:
3. Proclamation: 2022 Breast Cancer Awareness Month 22-890
1. Proclamation: Breast Awareness MonthAttachments:
4. Presentation: Transportation Corridor Agency Annual Update 22-892 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 4 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Reynolds
2. Council Member Chavez
3. Council Member Gameros
4. Council Member Harlan
5. Council Member Harper
6. Mayor Pro Tem Marr
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-5)
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.
6 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
22-882
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
2. READING FOLDER 22-880
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Terry Magee, Lucina Moreno, Briggs Porter.
3. ADOPTION OF WARRANT RESOLUTION 22-884
RECOMMENDATION:
City Council approve Warrant Resolution No. 2687
1. Summary Check Register week of 9-12-22
2. Summary Check Register week of 9-19-22
Attachments:
4. MINUTES 22-883
RECOMMENDATION:
City Council approve the Minutes of the Regular meeting of September 20, 2022.
1. 09-20-2022 Draft MinutesAttachments:
7 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda October 4, 2022
5. ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY
COUNCIL, COMMISSIONS AND COMMITTEES TO PARTICIPATE IN
THE MEETINGS REMOTELY, AS NEEDED, DUE TO HEALTH AND
SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC
22-885
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City ’s legislative bodies to meet safely in person.
2. Federal, State and /or local officials continue to impose or recommend measures to promote social distancing.
1. Draft Resolution No. 2022-xxAttachments:
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
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Agenda October 4, 2022
NEW BUSINESS:
1. SCOPE OF WORK FOR AN AGREEMENT BETWEEN THE STATE OF
CALIFORNIA AND THE CITY OF COSTA MESA, PROVIDING FOR
$3.5 MILLION IN STATE FUNDS TO THE CITY FOR COMMUNITY
OUTREACH AND LAND USE PLANNING EFFORTS FOR THE
FAIRVIEW DEVELOPMENTAL CENTER SITE
22-863
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the scope of work and related exhibits for an Agreement with the State of California to fund planning services relating to the Fairview Developmental Center, in a form of standard agreement to be approved by the City Attorney.
2. Authorize the City Manager and the City Clerk to execute any and all documents necessary for this Agreement.
3. Authorize revenue and expense appropriations in the amount of $3.5 million respectively, for the Agreement between the City of Costa Mesa and the State of California.
1. Scope of Work for an Agreement with the State of CaliforniaAttachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
9 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-891 Meeting Date: 10/4/2022
TITLE:
Presentation: Minor B Orioles - District 62 Winner of 2022 Tournament of Champions DEPARTMENT: City Manager’s Office
10 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-889 Meeting Date: 10/4/2022
TITLE:
Proclamation: 2022 Fire Prevention Week
DEPARTMENT: City Manager’s Office
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13 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-890 Meeting Date: 10/4/2022
TITLE:
Proclamation: 2022 Breast Cancer Awareness Month
DEPARTMENT: City Manager’s Office
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16 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-892 Meeting Date: 10/4/2022
TITLE:
Presentation: Transportation Corridor Agency Annual Update DEPARTMENT: City Manager’s Office
17 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-882 Meeting Date: 10/4/2022
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
18 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-880 Meeting Date: 10/4/2022
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Terry Magee, Lucina Moreno, Briggs Porter.
19 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-884 Meeting Date: 10/4/2022
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2687
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 22-19 On Cycle for $ 3,027,909.09; and City operating expenses for $ 2,892,815.83
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54 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-883 Meeting Date: 10/4/2022
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the Minutes of the Regular meeting of September 20, 2022.
55 Minutes – Regular Meeting – September 20, 2022 Page 1 of 12
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
SEPTEMBER 20, 2022 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds (Arrived at 4:08 p.m.), Mayor Pro Tem Marr (Arrived at 4:05 p.m.), and Mayor Stephens.
Absent: Council Member Harper.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Daniel A. Stefano, Acting City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Daniel A. Stefano, Acting City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA).
City Council recessed at 4:01 p.m. for Closed Session.
Closed Session adjourned at 5:44 p.m.
CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:03 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
The National Anthem and Pledge of Allegiance was led by Mariachi Juvenil Herencia Michoacana.
MOMENT OF SOLEMN EXPRESSION
Led by Rev. Dr. George Okusi, St. John the Divine Episcopal Church. 56 Minutes – Regular Meeting – September 20, 2022 Page 2 of 12
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Absent: None.
CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.
PRESENTATIONS:
Mayor Stephens presented certificates to the Costa Mesa Pony League 14U Super Regional Champions.
Dr. Fred Smoller spoke on the Orange County Sustainability Decathlon 2023.
Mayor Stephens presented a proclamation in honor of 2022 Hispanic Heritage Month to the Vanguard University Jesse Miranda Center for Hispanic Leadership.
Mayor Stephens presented a proclamation in honor of 2022 National Forensic Science Week.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin, spoke on a firefighter’s prayer, and praised paramedics.
Wendy Simao, spoke on noise problems at The 12 gym.
Suzanne Woodland, lives next to Lions Park, and spoke on the noise problems caused by the zipline at the playground.
Elizabeth Dorn Parker, spoke in support of Measure K.
Jay Humphrey, spoke against Measure K.
Ralph Taboada, spoke on utilizing the $1 million budgeted for the Ketchum Libolt Park for two bicycle projects on Adams Ave. between Harbor Blvd. and Fairview Road.
Speaker, spoke on the City of Santa Ana General Plan update process.
Speaker, spoke against the process of adding Measure K to the ballot, donations to candidate committees, meeting rooms not being available, and against Measure K.
Chris Corum, spoke on problems associated with the fire at his home.
Marc Vukcevich, spoke on the importance of market rate housing, and in support of Measure K.
Hank Castignetti, spoke on the train rides by the Orange County Model Engineers and upcoming Spooky Days.
57 Minutes – Regular Meeting – September 20, 2022 Page 3 of 12 Speaker, spoke against Measure K.
Tom Arnold, spoke in support of Measure K.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harper thanked speakers for their comments, and requested the plexiglass panels to be removed from the dais.
Council Member Reynolds spoke on housing assistance programs, volunteer opportunities, the Police Chief Listening tour on 9/21/22, the Wild and Scenic Film Festival on Saturday, bike rides on Wednesday evenings at Airplane Park, and the Trellis Labors of Love projects to assist neighbors in need.
Council Member Chavez thanked students for attending, spoke on parklets, State of California new law removing bike licensing requirements, and the firefighter’s community tournament.
Council Member Gameros recognized Costa Mesa Pony League and youth sports.
Council Member Harlan thanked staff for ArtVenture and for improvements at Jordan Park, and praised CMTV.
Mayor Pro Tem Marr requested an update on parklets and outdoor dining use permits, spoke on sustainability, praised staff on the ArtVenture event, clarified RHNA numbers are at 11,000 units, and requested a briefing on cannabis applications.
Mayor Stephens requested a briefing on The 12 gym, spoke on Chief Lawrence Listening Tour on September 21 st, spoke on the Brackens Kitchen event that provides food to the Bridge Shelter, spoke on Measure K, and the State of the City event on September 23rd.
REPORT – CITY MANAGER – Acting City Manager Daniel Stefano spoke on National Preparedness Month, stated Costa Mesa facilities will be available for rentals in October, Ms.
Le provided an update on the draft Outdoor Dining Ordinance and an extension on temporary permits, and Mr. Stefano stated staff will provide an update on cannabis applications, spoke on the September 23rd State of City event, and praised CMTV for receiving awards.
REPORT – CITY ATTORNEY – None.
58 Minutes – Regular Meeting – September 20, 2022 Page 4 of 12 CONSENT CALENDAR (Items 1-8)
MOVED/SECOND: Council Member Harlan/Mayor Pro Tem Marr
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8 except for 7.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Abstain: Mayor Stephens recused himself on items 3 and 8 due to contributions received from the Buchalter law firm.
Motion carried: 7-0
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed the Claim received by the City Clerk: Lauren Funke.
3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on this item due to campaign contributions received from the Buchalter law firm.
ACTION:
City Council approved Warrant Resolution No. 2686.
4. MINUTES
ACTION:
City Council approved the Minutes of the Regular meeting of September 6, 2022.
5. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES ACTION:
City Council approved the September 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.
59 Minutes – Regular Meeting – September 20, 2022 Page 5 of 12
6. I-405 IMPROVEMENT PROJECT - AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES
ACTION:
1. City Council approved Amendment No. 3 to Cooperative Agreement No.
C-5-3612 between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) to increase OCTA’s maximum obligation to the City by $50,000 for a total not-to-exceed amount of $644,594.
2. Authorized the City Manager and City Clerk to execute the amendment, in a form approved by the City Attorney, and future amendments to the agreement within City Council authorized limits.
3. Approved revenue and expense appropriations in the amount of $50,000 respectively, for the I-405 Improvement Project, per Amendment No. 3 to the Cooperative Agreement C-5-3612 between the City of Costa Mesa and OCTA.
4. Approved Amendment No. 3 to the Professional Services Agreement (PSA) with Interwest Consulting Group Inc., 15140 Transistor Lane, Huntington Beach, CA 92649, increasing the maximum compensation by $50,000 for construction support services, on an as-needed basis, for the I-405 Improvement Project, for a total not-to-exceed amount of $400,000.
5. Authorized the City Manager and the City Clerk to execute the amendment and future authorized amendments to the Professional Services Agreement.
8. RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA AND
BUCHALTER, A PROFESSIONAL CORPORATION FOR LEGAL SERVICES Mayor Stephens recused himself on this item due to campaign contributions received from the Buchalter law firm.
ACTION:
1. City Council approved the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:19-cv-01710-JVS (GJSx) and Insight Psychology and Addiction, Inc. v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:20-cv-00504-MEMF-JDE.
2. Authorized the City Manager and City Clerk to execute the Retainer Agreement and future authorized amendments to the Agreements and the City Attorney to take necessary steps to associate Buchalter as co-counsel in the legal matter.
3. Authorized the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022-23 Budget from unassigned fund balance in the General Fund for attorneys’ services, if needed, to represent the City in these cases through completion.
60 Minutes – Regular Meeting – September 20, 2022 Page 6 of 12
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
7. REJECT ALL BIDS - WEST 19TH STREET BICYCLE IMPROVEMENTS AND STRIPING PROJECT, CITY PROJECT NO. 22-06
Public Comments:
Ralph Taboada, spoke on cost impacts and budgets, spoke on transparency and requested additional cost information in the staff reports.
Marc Vukcevich, spoke on staff recommending a prudent fiscal decision.
Speaker, spoke on the importance of the project addressing safety problems, and providing the CIP list.
Flo Martin, spoke on the delays of the 19th street project, and supports funding the project.
MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council rejected all bids for the West 19th Street Bicycle Improvements and Striping Project, City Project No. 22-06, and directed staff to modify the scope of the project and re-advertise.
---------------------------------------END OF CONSENT CALENDAR---------------------------------------- City Council recessed into a break at 8:08 p.m.
City Council reconvened at 8:20 p.m.
PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.
61 Minutes – Regular Meeting – September 20, 2022 Page 7 of 12 NEW BUSINESS:
1. COSTA MESA TENNIS CENTER: SCOPE OF SERVICES
Presentation by Mr. Minter, Parks and Community Services Director.
Discussion ensued on financial terms and structure, sharing data, upgrades and costs, court priorities, defining scholarship programs, scheduling systems, pickle ball courts, capital improvements, utility costs, terms of the agreement being mutually agreed upon, and flexibility in the Request for Proposals.
Public Comments:
Amy Pazahanick, owner of Agape Tennis Academy, stated the 20% of gross revenue is too high.
Joanne Copp, spoke on keeping all of the tennis courts.
Speaker, spoke on keeping the costs to the citizens as low as possible, the City should pay for all capital improvements, and to keep all the tennis courts.
Speaker, spoke on the benefits to the community and building a premier tennis center, and the city should provide all capital improvements.
Steve McEvoy, Top Seed Tennis Center, spoke on the current operations and staff, and that 20% of gross revenue is too high.
Speaker, spoke on the City providing the capital improvement projects.
Dick Goode, praised the current operators.
Speaker, praised the current operators.
Taylor Bow, praised the current operators.
Donna McKennan, praised current operators.
Carl Smith, spoke on keeping it a tennis center, and no pickle ball courts.
Speaker, spoke on the private/public partnerships, requested the 2022 revenues, spoke on the survey and pickle ball courts, and spoke on transparency.
Speaker, spoke on the scope of the RFP and who will pay for utilities.
Speaker, spoke in favor of Agape Tennis Academy.
62 Minutes – Regular Meeting – September 20, 2022 Page 8 of 12 MOVED/SECOND: Council Member Harper/Council Member Harlan MOTION: Approve the extension with Top Seed, the bid to be based primarily on a flat monthly rent, no percentages, the quality of services based on a scoring table and have a committee that independently reviews the bids, the City to pay for Capital Improvement Projects (CIP) including nets and court resurfacing, the CIP to be brought to Council later, the City to pay for the utilities and basic repairs, the City to set standards with regards to programs for the community such as scholarship programs and/or free clinics, and the City to consider adding pickle ball courts and not to replace any tennis courts, and the item is to come back to council at the next meeting.
Mayor Stephens requested to change that the bidder may propose a flat fee or a percentage.
Discussion ensued on the monthly fee to be a flat fee or a percentage or a combination of both, allowing proposers maximum flexibility.
Council Member Harper changed the motion that monthly fees may be a flat fee or a percentage or a combination of both, allowing proposers to define that fee.
Council Member Harlan (second) concurred.
Discussion ensued on clear direction to staff to release the RFP, best practices for scoring, all Capital Improvements, daily maintenance vs. major maintenance, consideration of pickle ball courts during the next CIP process, and for staff to proceed with the RFP and the item does not need to come back to the City Council.
MOVED/SECOND: Council Member Harper/Council Member Harlan MOTION: Approve the extension with Top Seed, the bid to be based primarily on a monthly rent and may be a combination of flat rate and/or a percentage, the City to pay for Capital Improvement Projects (CIP) including nets, center straps, windscreens, lighting, and court resurfacing, the City to pay for the utilities, the City to set standards for the community such as scholarship programs and/or free clinics, and the City to commit to consider adding pickle ball courts and to not replace any tennis courts.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council approved the extension with Top Seed Tennis Academy and provided direction on the Scope of Services for the RFP.
Council Member Harper left the meeting at 10:15 p.m.
63 Minutes – Regular Meeting – September 20, 2022 Page 9 of 12
2. APPOINTMENTS TO THE ARTS COMMISSION AND VARIOUS CITY COMMITTEES Presentation by Ms. Green, City Clerk.
Public Comments:
Ms. Zuckerman, CEO and Director of OMCA, introduced self to City Council.
Samuel Abram Helm, introduced self to City Council.
Alisa Ochoa, introduced self to City Council.
Skeith DeWine, introduced self to City Council.
Allison Mann, introduced self to City Council.
Charlene Ashendorf, introduced self to City Council.
MOVED/SECOND: Mayor Stephens/Council Member Chavez
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Abstain: None
Motion carried: 6-0-1
ACTION: City Council approved the appointments to the Arts Commission: Mayor Stephens appointed Deborah Wondercheck – Jan. 2024, Council Member Chavez appointed Erica Lucia - Jan. 2026, Mayor Pro Tem Marr appointed Charlene Ashendorf - Jan. 2026, Council Member Harlan appointed Heidi Zuckerman - Jan. 2024, Council Member Gameros appointed Allison Mann - Jan. 2024, Council Member Reynolds appointed Alisa Ochoa - Jan. 2026.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Abstain: None
Motion carried: 6-0-1
ACTION: City Council approved the appointments to the Animal Services Committee:
Council Member Gameros appointed Emily Cummings-Nelson and Elise Gates as two alternate members with term expirations of April, 2024. 64 Minutes – Regular Meeting – September 20, 2022 Page 10 of 12 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Abstain: None
Motion carried: 6-0-1
ACTION: City Council approved the appointments to the Active Transportation Committee: Council Member Harlan appointed Robert Morse to the Alternate position with term expiration of April, 2024.
MOVED/SECOND: Council Member Harlan/Mayor Stephens
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Abstain: None
Motion carried: 6-0-1
ACTION: City Council approved the appointments to the Fairview Park Steering Committee: Council Member Reynolds appointed Edwin Glover for the 1 regular member with expiration of April 2025, Kohl Crecelius and Cynthia D’Agosta for the 2 regular members expiration of April 2023, Matthew Garcia for the alternate member with the expiration of April 2025, and Daniel Baume for the alternate member expiration of April 2023.
MOVED/SECOND: Mayor Stephens/Council Member Chavez
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Abstain: None
Motion carried: 6-0-1
ACTION: City Council approved the appointments to the Historical Preservation Committee: Council Member Chavez appointed Lambert Higuera and Janice Hansen for the two alternate members with the expiration of April 2024. 65 Minutes – Regular Meeting – September 20, 2022 Page 11 of 12 MOVED/SECOND: Mayor Stephens/Council Member Chavez
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Harper
Abstain: None
Motion carried: 6-0-1
ACTION: City Council approved the appointments to the Mobile Home Park Advisory Committee: Mayor Stephens appointed Joy Young for expiration of April 2023 and waived the independent citizen at large requirement.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT – The Mayor adjourned the meeting at 10:34 p.m. 66 Minutes – Regular Meeting – September 20, 2022 Page 12 of 12 Minutes adopted on this 4th day of October, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
67 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-885 Meeting Date: 10/4/2022
TITLE:
ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY COUNCIL, COMMISSIONS
AND COMMITTEES TO PARTICIPATE IN THE MEETINGS REMOTELY, AS NEEDED, DUE TO
HEALTH AND SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person.
2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND:
Pursuant to AB 361, the City Council will need to declare every 30 days that the City’slegislative bodies and individual members can continue to meet remotely, as needed, in order to ensure the health and safety of the members and the public.
On September 17, 2021 the Governor signed into law AB 361, which allows local legislative bodies to continue to meet remotely, and waive certain posting requirements if:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; and
· Legislative bodies declare the need to meet remotely due to present risks to the health or safety of all attendees.
68 File #: 22-885 Meeting Date: 10/4/2022
ANALYSIS:
The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure the health and safety of the members, public and its employees. Both the California Department of Public Health and the County of Orange Public Health Officer have issued recommendations that members of vulnerable populations (such as older adults and those persons with an elevated risk due to certain medical conditions) continue to practice social distancing. The City cannot ensure social distancing requirements are always met inside the Council Chambers and/or Conference Rooms where the City Council, Commissions, and Committees meet, making it difficult for members of these bodies, City staff, and members of the public to consistently socially distance from each other with absolute certainty.
Staff recommends that the City Council adopt the proposed resolution making the required findings that the City Council, Commission and Committee meetings can continue to meet remotely, as needed, pursuant to the requirements of AB 361.
ALTERNATIVES:
City Council may choose not to hold City Council, Commission and Committee meetings remotely via Zoom. The City would then be required to hold all public meetings in-person.
FISCAL REVIEW:
There is no fiscal impact associated with this item.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report, has prepared the proposed Resolution, and approves them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.
CONCLUSION:
Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and
2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
69 ATTACHMENT 1
Resolution No. 2022-xx Page 1 of 2
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKING
THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF
EMERGENCY
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, on March 4, 2020, pursuant to California Gov. Code Section 8625, the Governor declared a state of emergency;
WHEREAS, on September 17, 2021, Governor Newsom signed AB 361, which bill went into immediate effect as urgency legislation;
WHEREAS, AB 361 added subsection (e) to Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes speci fied findings;
WHEREAS, as of August 15, 2022, the COVID-19 pandemic has killed more than 93,378 Californians;
WHEREAS, social distancing measures decrease the chance of spread of COVID- 19;
WHEREAS, this legislative body previously adopted a resolution to authorize this legislative body to conduct remote “telephonic” meetings; WHEREAS, Government Code 54953(e)(3) authorizes this legislative body to continue to conduct remote “telephonic” meetings provided that it has timely made the findings specified therein.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AS FOLLOWS:
Section 1. Remote Teleconference Meetings. Does hereby declare that it has reconsidered the circumstances of the state of emergency declared by the Governor and at least one of the following is true: (a) the state of emergency, continues to directly impact the ability of the members of this legislative body to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.
Section 2. Extension by Motion. The City Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).
70 ATTACHMENT 1
Resolution No. 2022-xx Page 2 of 2
PASSED AND ADOPTED this __ day of ___, 2022.
___________________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ___________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___ day of ___, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this __ day of __, 2022.
_________________________________
BRENDA GREEN, CITY CLERK
71 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-863 Meeting Date: 10/4/2022
TITLE:
SCOPE OF WORK FOR AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA, PROVIDING FOR $3.5 MILLION IN STATE FUNDS TO THE CITY FOR
COMMUNITY OUTREACH AND LAND USE PLANNING EFFORTS FOR THE FAIRVIEW
DEVELOPMENTAL CENTER SITE
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES CONTACT INFORMATION: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5617
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the scope of work and related exhibits for an Agreement with the State of California to fund planning services relating to the Fairview Developmental Center, in a form of standard agreement to be approved by the City Attorney.
2. Authorize the City Manager and the City Clerk to execute any and all documents necessary for this Agreement.
3. Authorize revenue and expense appropriations in the amount of $3.5 million respectively, for the Agreement between the City of Costa Mesa and the State of California.
BACKGROUND:
The Fairview Developmental Center (FDC) site is a 109-acre property owned by the State of California located at 2501 Harbor in the City of Costa Mesa. The site was developed and previously operated by the State as a residence for developmentally disabled persons, but is now largely vacant. The site has been the subject of discussion between various agencies over the years as to its future potential use and disposition.
In 2020, the City Council created an Ad Hoc Committee to advise staff on matters related to the FDC and present recommendations to the City Council as needed. In 2020, the Council identified a vision statement for FDC that included support for 1,500 mixed use/mixed income housing units at the site, including workforce, veterans, and permanent supportive housing. The Council directed
72 File #: 22-863 Meeting Date: 10/4/2022
the site, including workforce, veterans, and permanent supportive housing. The Council directed staff to continue to coordinate with the State with the goal of maintaining local input into future development options and the final disposition of the site.
The City’sHousing Element as adopted on February 1, 2022 lists FDC as a housing opportunity site and estimated approximately 2,300 housing units could be accommodated at the location. It also included a “program”or future action calling for the City to continue to coordinate with the State to define future uses including establishment of a Specific Plan to allow for residential development at the site consistent with the Housing Element.
In June 2022, the State approved Government Code Section 14670.31, which outlines the general terms under which the State of California, through the Department of General Services and the Department of Developmental Services, will collaborate with the City to determine the future of the FDC site. This Section sets forth the State’s goals and requirements for the disposition of the property and a land use planning process to be conducted by the City for the future use of the property and allocates $3.5 million in funding for that intended purpose. The subject Agreement between the City and the State memorializes the funding allocation and its intended use.
ANALYSIS:
The subject Agreement is between the City of Costa Mesa and the State of California (State). It stipulates that the State will provide up to $3.5 million in funds to the City to support an up to three- year agreement for a City-led local outreach and land planning effort for the FDC site. The funds will be provided to the City within 30 days of the date of the Agreement to pay for costs associated with planning for future land uses at the FDC site, to include the following:
· Robust Community Engagement including but not limited to meetings, townhalls, and design charrettes and presentations;
· Comprehensive Conditions Report;
· Technical studies including economic market demand report, water supply assessment, and other infrastructure studies;
· Creation of site concepts, concept drawings, and exhibits; · Conceptual Alternatives and a Preferred Plan Framework; · Preparation of a Specific Plan and associated implementation strategies; · Associated General Plan and Zoning amendments (as appropriate); · Preparation of a draft and final Environmental Impact Report, associated technical studies, and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (CEQA);
· Public Hearings; and
· City review of a State-prepared Request for Proposals to retain a consultant to construct the local vision as established by the City.
Funds may be used to retain consultants as well as for staff costs associated with the management, oversight, review, tracking, and reporting associated with the land use planning and site disposition process.
73 File #: 22-863 Meeting Date: 10/4/2022
Consistent with the Government Code, the Agreement specifies that:
· Housing shall be a priority in the planning process;
· Any housing that is determined to be appropriate for the property shall include affordable housing; and
· Any housing opportunities on the property shall give priority to projects that include deed restricted housing for individuals with developmental disabilities.
The City must complete the final draft Specific Plan and associated documents within three years of the date of the Agreement and report to the State quarterly as to its progress and expenditures.
Should the Council approve the Agreement, staff will assemble a project team; release an RFP for consultant services; and begin preliminary planning efforts.
ALTERNATIVES:
The City Council could modify the specifications of this project (subject to concurrence by the State) or not approve staff’s recommendation.
FISCAL REVIEW:
This action does not have a fiscal impact to the General Fund. Upon approval of the Agreement and acceptance of the funds from the State of California, revenue and expense appropriations in the amount of $3.5 million respectively will be established for the FDC site.
LEGAL REVIEW:
This agenda report and the Contract have been reviewed and approved as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Diversify, Stabilize, and Increase Housing To Reflect Community Needs CONCLUSION:
Staff recommends that the City Council approve the scope of work and related exhibits for an Agreement with the State of California to fund planning services relating to the Fairview Developmental Center, in a form of standard agreement to be approved by the City Attorney, and authorize the City Manager and City Clerk to execute any and all documents necessary for the Agreement, and to approve related revenue and expense appropriations.
74 ATTACHMENT 1
EXHIBIT A
SCOPE OF WORK
In accordance with the provisions of Government Code section 14670.31, the Department of Developmental Services (hereinafter “Department”) and the City of Costa Mesa (hereinafter “City”) do agree as follows:
1. In June 2022, the State Legislature passed, and the Governor approved, Government Code section 14670.31 , outlining the general terms under which the State of California, through the Department, will partner with the City to determine the future of the state-owned real property known as the Fairview Developmental Center, located in Costa Mesa, California (the “property”). Government Code section 14670.31 became effective on June 30, 2022, and sets forth the state’s goals and requirements for the disposition of the property by the Department and a land use planning process to be conducted by the City for the future use of the property.
2. The Department will pay the City for costs associated with land use planning services and management of the land use planning process related to the property to determine the appropriate future land uses and development potential of the property. Eligible costs are specified in section A.4 of Exhibit B.
3. The planning services shall include completing an Environmental Impact Report, which may be at a project- or programmatic- level (EIR), completing a report on the economic feasibility of future development, and developing a Specific Plan and related documents to facilitate the disposition of the property, as contemplated by Government Code section 14670.31. The Specific Plan and related documents shall be consistent with Government Code section 65450, et seq., and the City General Plan, as may be amended. The final draft Specific Plan shall identify the allowable land uses for the property, including allowable locations, densities and or intensities for development, the infrastructure necessary to support the buildout of the Specific Plan and Specific Plan implementation measures. The final draft Specific Plan may include design guidelines to clarify the desired form of development on the property. An EIR will analyze Plan buildout. The final draft Specific Plan may be accompanied by associated draft amendments to the City’s General Plan and Zoning Code to ensure consistency among these regulatory documents. Subject to section 5 of this agreement, the land use planning process, final draft Specific Plan and related documents shall meet all provisions of Government Code section 14670.31 including, but not limited to:
A. Housing shall be a priority in the planning process; B. Any housing that is determined to be appropriate for the property shall include affordable housing;
C. Any housing opportunities on the property shall give priority to projects that include deed restricted housing for individuals with developmental disabilities.
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4. The City shall provide land use planning services necessary for the development of a Specific Plan for the property as specified in Government Code section 14670.31 including , but not limited to, the following deliverables (collectively, the “Specific Plan project”):
A. Robust Community Engagement Strategy (and implementation thereof) B. Comprehensive Conditions Report on the property and its setting C. Economic Market Demand Report
D. Water Supply Assessment and coordination among Water Agencies E. Project Conceptual Alternatives & a Preferred Plan Framework F. Draft Specific Plan with Implementation Strategies
G. Public Draft Initial Study and Notice of Preparation, if required H. Public Draft Environmental Impact Report
I. Draft Final Environmental Impact Report and Mitigation Monitoring and Reporting Program
J. Final Draft Specific Plan and Environmental Impact Report K. Public hearings for EIR certification and Specific Plan adoption, including any General Plan and zoning amendments identified as necessary for consistency.
5. This agreement does not prescribe the contents of the specific plan and related planning documents, and does not constitute a commitment to any definite course of action beyond the land use planning process and services set forth in this agreement and in accordance with Government Code section 14670.31. The City will conduct the environmental review process to inform the contents of the specific plan and related planning documents, in compliance with the California Environmental Quality Act (“CEQA”), and will consider community input and the plan objectives identified in Government Code section 14670.31. This agreement shall not commit the City Council to a particular legislative act. The City retains full discretion as the planning agency and lead agency to (i) develop, revise, and determine the contents of the specific plan considering community input and the environmental review process; (ii) select and consider a reasonable range of alternatives in compliance with CEQA; (iii) consider the benefits of adopting a specific plan against any unavoidable significant environmental impacts, if any, prior to taking final action; and/or (iv) adopt an alternative or revised specific plan or determine not to proceed with adoption of a specific plan.
6. The Specific Plan and the associated EIR shall be developed, with any related General Plan Amendments and Zoning Amendments as necessary, in final form for consideration by the City Council, within three years of the City’s acceptance of this agreement. Exhibit B-2 provides a schedule for Specific Plan completion including major deliverables. Modifications to the proposed schedule that may impact the final deadline must be approved by both Parties in writing. This agreement shall not commit the City Council to a particular legislative act.
7. The City shall provide the Department with quarterly reports as follows:
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a. The City shall provide the Department with quarterly reports by the last day of each calendar quarter, starting with the end of quarter following the execution of this agreement and each quarter thereafter. Reports shall include the following:
i. City’s costs for land use planning services including copies of itemized consultant invoices received and paid during the previous quarter, receipts for other authorized expenses paid during the preceding quarter, and an accounting of all City staff time billed against the project. ii. A progress report that compares the current status with the project schedule and includes a list of deliverables completed and the estimated dates for completion of the remaining deliverables.
b. Reports shall be submitted to:
i. Frances Chacon; [email protected]
8. The City shall submit information required by Government Code section 14670.31 and this agreement in a timely manner to include an accounting of the City’s expenditures and progress toward a final specific plan among the disclosed information.
9. Preparation for or attendance by City staff or consultants at meetings outside of the scope of work identified for the preparation of the Specific Plan project and costs in excess of $3.5 million shall be the responsibility of the City.
10. The Authorized Representatives during the term of this agreement will be:
City of Costa Mesa
Jennifer Le
Director of Economic and Development Services
City of Costa Mesa
77 Fair Drive, Costa Mesa, CA 92626
(714) 754-5617
[email protected]
Department of Developmental Services
Carla Castañeda
1215 O St, 9th Floor
Sacramento, CA 95814
(916) 654-1897
[email protected]
11. The City will manage the land use planning process, and the Department of General Services (DGS) will carry out the disposition process in accordance with Government Code section 14670.31. To facilitate the expeditious land use planning and disposition process, it is expected that DGS will issue an RFP and solicit proposals to develop the property during the land use planning process, subject to 77
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consistency with any final, approved Specific Plan.
12. At the DGS’s request, the City shall review and provide comment on the DGS’s RFP to dispose of and/or develop the property at such time that the RFP is prepared and prior to its issuance. The City shall review the RFP to provide comments on its consistency with the land use planning process for the Specific Plan.
13. At DGS’s request and in a manner prescribed by the Department, the City shall review any proposals submitted in response to the DGS’s RFP to develop the property and provide comment on the potential inconsistencies with the final Specific Plan.
14. Under an at-cost agreement or other cost reimbursement mechanism between the selected developer(s) or buyer(s) and the City of Costa Mesa, the City shall promptly process all applications for project specific entitlements upon application by the selected buyer(s) or developer(s), to ensure the integration of the land use planning process with the disposition process for the property in accordance with Government Code section 14670.31. While the Department and the City recognize that complete processing of project-specific entitlements may not occur within the period of this agreement, both parties commit to using reasonable efforts to carry out the land use planning and disposition process in a cooperative manner and to the expeditious planning of future land uses for the property. The Department and the City contemplate that certain processing activity may occur concurrently with the Specific Plan process or thereafter, including for example the following:
a. A developer or buyer may submit entitlements concurrent with the Specific Plan process to reduce timeframe or phase entitlements with Master Plan/Preliminary Plan.
b. A developer or buyer may submit entitlement applications for subdivision and concurrent tentative maps/precise development plans or phase these. c. Final Design Review may be done concurrently or sequentially with grading and building plans.
15. The Department and the City each recognize that time is of the essence necessitating prompt review and processing of the items subject to this agreement.
16. In the event the City does not adopt a specific plan, the State of California reserves its right to pursue, through the Department, other disposition alternatives as permitted by law.
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EXHIBIT B
BUDGET DETAIL PROVISIONS
A. Reporting
1. The City shall provide the Department with quarterly reports that include the City’s costs for land use planning services, and including consultant costs, under this agreement and a progress report that compares the current status with the project schedule and includes a list of deliverables completed and the estimated dates for completion of the remaining deliverables. The cost report shall include copies of:
1) itemized consultant invoices received and paid during the previous quarter, 2) receipts for other authorized expenses paid during the previous quarter, and 3) an accounting of all City staff time billed against the project.
2. Quarterly reports will be submitted quarterly in arrears to:
Frances Chacon
Department of Developmental Services
1215 O St, 9th Floor
Sacramento, CA 95814
Gerald G. McLaughlin
Asset Management Branch
Department of General Services
State of California
707 3rd Street, 5th Floor
West Sacramento, CA 95605
3. The total amount paid by the Department under this agreement shall not exceed $3.5 million. The Department will advance $3.5 million to the City within 30 days of execution of this agreement to be credited to a dedicated trust account at the City. In the event the City’s cost for land use planning services and consultant costs is less than $3.5 million, or the agreement is canceled for any reason, or no reason at all, the City shall reimburse the Department any unspent funds.
4. Costs incurred by the City to carry out the land use planning activities provided in this agreement and in Government Code section 14670.31 for disposition of the property, may be paid for under this agreement, include but are not limited to:
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a. City staff and consultant costs specifically related to the development and possible approval of a Specific Plan, General Plan amendment, related draft ordinances, and rezone of Fairview Developmental Center. City costs include planning services, project management and oversight of staff and consultants, contract management, legal services, analyst services, clerical services, GIS mapping, as well as software, time, and materials prorated accordingly as needed to fulfill the scope of services for the Specific Plan and associated documents.
Such costs may include those for: preparation of agendas, meeting notices, minutes; public notice, mailers, web postings, site signs; GIS services (maps); studies review; preparation and attendance at internal, stakeholder and community meetings; public affairs and communications; creating presentations; reviewing all Consultant- generated materials associated with the preparation of a draft Specific Plan, its associated EIR, and any draft General Plan or Zoning Amendments; preparation and review of quarterly reports and invoices; reviewing State Request for Proposal and developer proposal(s); reviewing Developer Agreements; and processing developer entitlements subject to reimbursement of developer’s entitlement processing fees on an at-cost basis under a signed agreement or other cost reimbursement mechanism between the developer(s) and the City of Costa Mesa. The consultant costs include the Deliverables in Exhibit A; and
b. Other reasonable and necessary costs determined by the Department to be incurred for the purpose of the City’s preparation of a draft Specific Plan and its related management of the land use planning process for the property, including but not limited to costs associated with securing a consultant to support the City’s preparation of a Specific Plan through a competitive Request for Proposals (RFP) and any preparatory work related to the RFP process in accordance with Government Code section 14670.31.
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EXHIBIT B-1
Integrated Process for City Planning and State
Disposition of the Fairview Developmental Center Site
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EXHIBIT C
MODIFIED General Terms and Conditions
(Modifies GTC 04/2017 version)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required.
Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.
Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
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7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided.
In the event of such termination the State may proceed with the work in any manner deemed proper by the State. Any portion of the advance payment to the City which is unspent at such time shall be returned to the State.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
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11. TIMELINESS: Time is of the essence in this Agreement.
12. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
13. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
14. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
16. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
17. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. The Department and the City agree that this agreement may be amended by written mutual consent of the parties hereto.
2. The City agrees to provide the Department with any resolution, motion, order or ordinance of the City’s governing body needed to authorize execution of this agreement.
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