Costa Mesa City Council
September 5, 2023

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, September 5, 2023
*Note: All agency memberships are reflected in the title "Council Member" 5:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system outages or experiencing other critical issues, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE 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.

1 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023
Zoom Webinar: (For both 5:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
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Enter Webinar ID: 983 7639 0419/ Password: 905283
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Participate via telephone: (For both 5:00 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.

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 [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.

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 September 5, 2023
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. 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.

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].

3 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023
CLOSED SESSION - 5:00 P.M.

Council Member Harper will be attending the meeting via Zoom Webinar from:
201 Redding Way, Carson City, NV 89705

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 LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Carrin A. Leaman vs. City of Costa Mesa Orange County Superior Courts Case No. 30-2021-01196302-CU-OR-CJC

4 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
SEPTEMBER 5, 2023 – 6:00 P.M.

JOHN STEPHENS
Mayor

JEFFREY HARLAN ANDREA MARR Mayor Pro Tem - District 6 Council Member - District 3

MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager Council Member Harper will be attending the meeting via Zoom Webinar from:
201 Redding Way, Carson City, NV 89705

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. Presentation: Newport-Mesa Girls Softball 10U and 12U All-Star USA Softball So Cal C District 2023 Tournament Champions

5 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023

2. Proclamation: 2023 Hunger Action Month 23-1358
2023 Hunger Action Month ProclamationAttachments:

3. Proclamation: 2023 National Hispanic Heritage Month 23-1359 09-05-2023 Hispanic Heritage MonthAttachments:

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.

Comments are limited to 3 minutes, or as otherwise directed.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Chavez

2. Council Member Gameros

3. Council Member Harper

4. Council Member Marr

5. Council Member Reynolds

6. Mayor Pro Tem Harlan

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

6 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
23-1354
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 23-1356
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Paul Breithaudt, Jeremiah Anthony Duran, Dulce Escutia, Frank Gruber, Nancy Gruber, Monterey Management, Maria Pimentel, Rinaldo Porcile, Ellen Sandler, Christine Shingleton.

3. ADOPTION OF WARRANT RESOLUTION 23-1357
RECOMMENDATION:

City Council approve Warrant Resolution No. 2704.

1. Summary Check Register 7.27.23

2. Summary Check Register 8.1.23

3. Summary Check Register 8.14.23

4. Summary Check Register 8.17.23

5. Summary Check Register 8.24.23
Attachments:

4. MINUTES 23-1355
RECOMMENDATION:

City Council approve the minutes of the regular meetings of July 18, 2023 and August 1, 2023 and the Special Joint Study Session minutes of July 26, 2023.

1. 07-18-2023 Draft Minutes

2. 07-26-2023 Draft Minutes

3. 08-01-2023 Draft Minutes
Attachments:

7 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023

5. AWARD OF THE INFORMATION TECHNOLOGY DEPARTMENT
REMODELING PROJECT, CITY PROJECT NO. 22-09
23-1312
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Information Technology Department Remodeling Project, City Project No. 22-09.

2. Authorize the City Manager and City Clerk to execute a Public Works Agreement (PWA) for construction to Builtall, 4712 East 2nd Street, #520, Long Beach, California 90803 in the amount of $255,020, plus a ten percent (10%) contingency for the PWA and also contracts referenced below for a total contingency of $42,279, and authorize a budget appropriation from available fund balances in the amount of $250,000.

3. Authorize the City Manager or designee to execute the agreements and any future amendments to the agreements including increases to the not-to-exceed amount within City Council authority.

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.

1. Bid Abstract

2. Project Cost Summary
Attachments:

8 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023

6. PROFESSIONAL SERVICES AGREEMENT WITH WETLANDS

WILDLIFE CARE CENTER
23-1352
RECOMMENDATION:

Staff recommends City Council:

1. Approve and authorize the City Manager to execute the Professional Services Agreement (PSA) with Wetlands Wildlife Care Center (WWCC) to provide full-service trauma care, shelter services, rehabilitation and release of rehabilitated wildlife for a two-year period, with up to three one-year extensions, for a not to exceed amount of $57,000 annually.

2. Authorize a ten percent (10%) contingency annually for other unforeseen costs.

3. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to the agreement.

PSA with Wetlands and Wildlife Care CenterAttachments:

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.)

9 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023
OLD BUSINESS:

1. RECOMMENDATIONS FROM CITY COUNCIL COMMITTEE LIAISONS

REGARDING CITY COMMITTEES
23-1313
RECOMMENDATION:

Staff recommends that the City Council approve the recommendations of the City Council Committee Liaisons as follows:

1. Review and approve the City Council Liaisons recommendations on the Committees’ Scopes of Work (Attachment 1).

2. Streamline all Committees to seven ( 7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee.

3. Consent to the formation of an Ad Hoc Committee ( e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney.

4. Request staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.

5. Approve revised Council Policy 000.2, with City Council ’s recommendations to be incorporated (Attachment 2).

1. Committees

2. Draft Council Policy 000-2
Attachments:

10 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023
NEW BUSINESS:

1. AUTHORIZATION OF AN ADDITIONAL PARK RANGER FOR

HARPER PARK SCHOOL FIELD ACCESS AND UPDATE

REGARDING ENHANCED SECURITY AT FOUR NEWPORT MESA

UNIFIED SCHOOL DISTRICT FIELDS ON THE WESTSIDE
23-1335
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize an increase to the City ’s Table of Organization by one full-time Park Ranger position in the Police Department and increase the Fiscal Year 2023-24 Adopted Budget accordingly.

2. Receive and file an update on upcoming amendments to the existing Lyons Security Services agreement to increase access to open space at up to four elementary school sites on the Westside (Rea, Wilson, Whittier, and potentially Pomona) for open space during off-school hours, as previously approved by the City Council.

2. COMPENSATION PLAN AND SALARY SCHEDULE REVISIONS FOR

THE PARKS AND COMMUNITY SERVICES DIRECTOR

CLASSIFICATION
23-1353
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution Number 2023-XX updating the pay range for the Parks and Community Services Director.

1. Executive Resolution - Parks Com Serv DirAttachments:

3. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE

RESEARCH FOR AND POTENTIAL DEVELOPMENT OF
AMENDMENTS TO THE CITY’S CANNABIS ORDINANCES
23-1328
RECOMMENDATION:

Staff recommends the City Council provide direction regarding researching and exploring with the Planning Commission options and amendments to the City’s cannabis regulations to address concerns regarding potential unanticipated business displacement and overconcentration of retail cannabis businesses.

Agenda ReportAttachments:

11 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda September 5, 2023

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1358 Meeting Date: 9/5/2023
TITLE:

Proclamation: 2023 Hunger Action Month
DEPARTMENT: City Manager’s Office

13 WHEREAS, hunger and poverty are issues of vi tal concern in California, where 10.5% of Ca lifornians face food insecurity daily and one in every seven children does not know where their next meal will come from; and WHEREAS, everyone needs nutritious food to thrive, and people are working hard to provide for themselves and their families— yet over 267,000 individuals, including over 64,000 children, here in Orange County are food insecure; and WHEREAS, the City of Costa Mesa is committed to taking steps to combat hunger in every part of our community and to provide additional resources that those in the City of Costa Mesa need; and WHEREAS, the City of Costa Mesa is committed to working with Abound Food Care, Orange County Food Bank, and Second Harvest Food Bank, collectively known as the Orange County Hunger Alliance, in educating people about the role and importance of food banks and food care in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and
WHEREAS, in the first half of 2023, Orange County Food Bank and Second Harvest Food Bank collectively recorded an average of 888,057 food distribution visits per month from our neighbors facing food insecurity; and WHEREAS, in the first half of 2023, Oran ge County Food Bank and Second Harvest Food Bank have collectively distributed 33,661,205 million pounds of food through its partner network of food pantries, soup kitchens, shelters, senior centers, schools, colleges, universities, and other community organizations; and WHEREAS, in the first half of 2023, Abound Food Care has recovered 307,430 pounds of food, reducing food waste and diverting that food to those who need it; and
WHEREAS, the month of September has been designated “Hunger Action Month” to bring attention to food insecurity in our communities and to enlist the public in the movement to end hunger by taking action – including volunteer shifts, social media shares, and donations – to ensure every community, and everybody in it, has the food they need to thrive; and WHEREAS, food banks and other organizations across the country, including the members of the Orange County Hunger Alliance (Abound Food Care, Orange County Food Bank, and Second Harvest Food Bank), will host numerous events throughout September to bring awareness and help end food insecurity in our local community.

NOW, THEREFORE, I, John B . Stephens, Mayor of th e City of C osta Mesa, do hereby recognize September 2023 as HUNGER ACTION MONTH. I call this observance to the attention of our residents.

Dated this 5th day of September 2023
______________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1359 Meeting Date: 9/5/2023
TITLE:

Proclamation: 2023 National Hispanic Heritage Month
DEPARTMENT: City Manager’s Office

15 WHEREAS, each year, Americans across the United States observe National Hispanic Heritage Month by celebrating the histories, cultures, and contributions of the Hispanics and Latinos to the United States and those American citizens whose ancestry can be traced from Spain, Mexico, the Caribbean Islands, Central America, and South America; and WHEREAS, the Hispanic Heritage observance began in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Re agan in 1988 to cover a 30 -day period starting on September 15 and ending on October 15. It was enacted into law on August 17, 1988, on the approval of Public Law 100-402; and WHEREAS, the day of Sep tember 15 is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua; in addition, Mexico and Chile celebrate their independence days on September 16 and September 18; and WHEREAS, the City of Costa Mesa looks forward to celebrating its inaugural National Hispanic Heritage Month Celebration Day with the greater community to highlight the rich heritage, arts, food, music, and traditions of all Latin American nations while recognizing that these nations are not monogamous, this month celebrates, honors, and pays tribute to all for their contributions to the City of Costa Mesa and the nation; and WHEREAS, Hispanics and Latinos have deep roots in the City of Costa Mesa; r esidents of Hispanic and Latino origin represent thirty-six percent of the City’s population; and WHEREAS, this year, the 2023 Hispanic Heritage M onth observance theme is “Latinos: Driving Prosperity, Power, and Progress in America,” recognizing the significant achievements of the Hispanic and Latin community in the economic and political industries; and
WHEREAS, generation after generation, Hispanics and Latinos have enriched the Costa Mesa community through their resilience, spirit, vibrancy, leadership, investments, and entrepreneurship, advancing the many successes of our richly diverse City; and
WHEREAS, the Orange County Hispanic Chamber of Commerce supports the development of 30,000 Hispanic -owned businesses by providing opportunities for networking, legislative advocacy, access to capital, education, and training programs to create a better image, understanding, and appreciation of the importance of the Hispanic Market.

NOW, THEREFORE, I, Mayor John B. Stephens, do hereby proclaim September 15 – October 15, 2023, as Hispanic Heritage Month and encourage the residents of Costa Mesa to celebrate and observe this month by increasing their awareness of the valuable ways Hispanics and Latinos have contributed to our city’s prosperity.

Dated this 5th day of September 2023

_____________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1354 Meeting Date: 9/5/2023
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.

17 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1356 Meeting Date: 9/5/2023
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Paul Breithaudt, Jeremiah Anthony Duran, Dulce Escutia, Frank Gruber, Nancy Gruber, Monterey Management, Maria Pimentel, Rinaldo Porcile, Ellen Sandler, Christine Shingleton.

18 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1357 Meeting Date: 9/5/2023
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. 2704.

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. 23-16 On Cycle for $3,675,222.19 and 23-17 On Cycle for $3,502,989.47 and City operating expenses for $ 7,268,202.03

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1355 Meeting Date: 9/5/2023
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the regular meetings of July 18, 2023 and August 1, 2023 and the Special Joint Study Session minutes of July 26, 2023.

126
Minutes – Regular Meeting –July 18, 2023 Page 1 of 13

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*
JULY 18, 2023 - 6:00 P.M. - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Absent: Council Member Harper.

PUBLIC COMMENTS
Speaker, spoke on transparency and the City Manager’s performance.

CLOSED SESSION ITEMS:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957, (b)(1) Title: City Manager
City Council recessed at 4:05 p.m. for Closed Session.

Closed Session adjourned at 5:45 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 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Dave Manne, Calvary Chapel.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No Reportable Action. 127
Minutes – Regular Meeting –July 18, 2023 Page 2 of 13
PRESENTATIONS:

Mayor Stephens presented a Certificate of Recognition to the 2023 OC Artist of the Year - Alexandra Hernandez.

Mayor Stephens recognized July 2023 as Parks and Recreation Month.

Mr. Inloes, Economic Development Administrator, provided a demonstration on TESSA.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on preserving the environment, global warming, and active transportation.

Alexander Haberbush spoke on the proliferation of cannabis businesses on the Eastside of Costa Mesa.

Cynthia McDonald spoke on modernizing the Costa Mesa Tennis Center facilities.

Kim Hendricks spoke on the Harbor Soaring Society fly field and preserving Fairview Park.

Speaker, spoke on solutions to permit parking and against the new permit parking program.

Wendy Leece, Costa Mesa, spoke on the numerous services Costa Mesa provides for homeless services, spoke on the number of staff at Fairview Park, and spoke on restructuring city committees and memberships.

Wendy Simoa spoke on noise complaints at The 12 gym.

Speaker, spoke against the permit parking program.

Speaker, spoke on issues at the Orange County Animal Shelter.

Speaker, expressed concerns on the new permit parking program.

Jennifer Tanaka spoke on opening the fence at Harper Park and spoke on improving communications.

Sergio Vallarta spoke on officers at Fairview Park and spoke against the fly field at Fairview Park.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Marr spoke on the number of cannabis dispensaries, and requested to bring the ordinance back for discussion.

Council Member Reynolds spoke on TESSA, spoke on the new permit parking program, cooling centers, shading for the bus shelters, staff vacancies, and communications regarding street projects.
128
Minutes – Regular Meeting –July 18, 2023 Page 3 of 13
Council Member Chavez thanked Assembly Member Cottie Petrie Norris for hosting a free “Dump Day”, requested a power wash of concrete at Shalimar Park, requested calming measures on Anaheim Street and Maple Street, spoke on the free lunch program available for children at Donald Dungan library, and requested The 12 gym noise complaint be addressed.

Council Member Gameros spoke on safety for firefighters.

Council Member Harper spoke in support of revisiting the cannabis ordinance and thanked Cynthia McDonald for her presentation on the tennis center facilities.

Mayor Pro Tem Harlan spoke on TESSA, and requested updates on Harper Park and The 12 gym.

Mayor Stephens thanked staff for the July 3rd event, spoke on the new business, Goop Kitchen at the old Grants for Guns location, and spoke on the noise complaint at The 12 gym.

REPORT – CITY MANAGER – Ms. Farrell Harrison spoke on communication on construction projects, spoke on an update for access to open space, and Chief Stefano spoke on the thresholds for opening up cooling centers, and spoke on water safety and Children Drown Without a Sound.

REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve recommended actions for consent calendar items 1-9.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife’s employment at Priceless Pets and Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.

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 Claims received by the City Clerk: Lindsey Biurquiz, Delco Company, Robert De Pasquale, Evangelina Espinosa, Lorie Milton, Nicholas Patrick, Jake Querry, Angela Vargas.
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3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on this item due to his wife’s employment at Priceless Pets and Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.

ACTION:

City Council approved Warrant Resolution No. 2701.

4. MINUTES
ACTION:

City Council approved the minutes of the regular meeting of June 20, 2023.

5. FINAL MAP FOR TRACT NO. 19120 LOCATED AT 1978 MEYER PLACE AND 1979

ANAHEIM AVENUE, COSTA MESA
ACTION:

City Council approved the final Tract Map No. 19120 and authorized the signing of the map by the City Clerk and the City Engineer.

6. TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND DISTRICT

AGRICULTURAL ASSOCIATION
ACTION:

1. City Council approved the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.

2. Approved the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).

3. Authorized the City Manager, or her designee, to execute the agreements.

4. Authorized the City Manager, or her designee, to execute any amendments to the agreements, including but not limited to, amendments increasing the maximum compensation to be paid to the City.

7. AMENDMENT TO EXTEND TERM OF FALCK AMBULANCE SERVICES

AGREEMENT
ACTION:

City Council approved Amendment Number One extending the term of the Ambulance Services Agreement with Falck Mobile Health Corp, (Previously known as Care Ambulance) for the continuation of emergency ambulance operator and support services until July 31, 2024, adjust the compensation as discussed herein, appropriate the increase of $550,00 in the Fire Department’s operating budget, and authorize the City Manager to execute the Amendment.
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8. ONE YEAR EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENT WITH

WITTMAN ENTERPRISES, LLC FOR AMBULANCE BILLING AND COST RECOVERY SERVICES RFP 18-03
ACTION:

1. City Council approved Amendment Number One to extend the term of the Professional Services Agreement for Ambulance Billing and Cost Recovery Services between Wittman Enterprises, LLC and the City of Costa Mesa for one additional year expiring on July 31, 2024, for a total not-to-exceed amount of $240,000.

2. Authorized the City Manager to execute the Amendment

9. 2021 AND 2022 ANNUAL REVIEW OF THE COSTA MESA 2015-2035 GENERAL PLAN
ACTION:

City Council approved the 2021 and 2022 Annual Review of the 2015-2035 Costa Mesa General Plan for submittal to the State Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). --------------------------------------END OF CONSENT CALENDAR----------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. REVIEW OF PLANNING COMMISSION APPROVAL CONDITIONS FOR THE NORTHGATE MARKET AT 2300 HARBOR BOULEVARD (UNIT C)
Mayor Stephens spoke on the conditions for review.

A representative from Northgate Market spoke on their application, the patio area and hours of operation.

Public Comments: None.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Uphold the Planning Commissions approval with modified conditions to allow the applicant to serve breakfast on the patio.

Council Member Reynolds requested to strike the conditions #14 and #18 that do not allow live entertainment.

Mayor Stephen (1st) and Council Member Chavez (2nd) agreed to the change. 131
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MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Uphold the Planning Commissions approval with modified conditions to allow the applicant to serve breakfast on the patio and to strike conditions #14 and #18.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council found that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1) for Existing Facilities; and Section 15303 (Class 3), New Construction or Conversion of Small Structures.

2. Reviewed and considered the May 15, 2023 Application for Review and the May 8, 2023 Planning Commission staff report, final resolution, and meeting minutes.

3. Upheld the Planning Commissions approval with modified hours of operation to allow serving breakfast and use of the outdoor patio, and struck conditions #14 and #18 to allow live entertainment conditioned on proceeding through the annual live entertainment permit process.

OLD BUSINESS: NONE.

City Council recessed into a break at 7:50 p.m.

City Council reconvened at 8:00 p.m.

NEW BUSINESS:

1. COSTA MESA TENNIS CENTER OPERATIONS
Presentation by Ms. Molina, Finance Director.

Discussion ensued on the information available to the public, the government contracting and request for proposal process, negotiating the contract, and on information that is available to the City Council and the public.

The team from Agape Tennis Academy spoke on their operations.

A representative from Hard Court Tennis spoke on their operations.

A representative from Top Seed Tennis Academy spoke on their operations. 132
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MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Limit public comments to 2 minutes each.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 6-1
Public Comments:

Speaker, spoke in support of Agape Tennis Academy.

Margot Faris spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Fin Allred spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Ronna Graff spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Randy Myers spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Robert Martinez spoke in support of Agape Tennis Academy.

Dean Sexton spoke in support of Top Seed Tennis Academy.

Cory Stewart spoke in support of Top Seed Tennis Academy.

Ronald Yates spoke in support of Hard Court Tennis.

John Tenny spoke in support of Top Seed Tennis Academy. 133
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Speaker, spoke in support of Hard Court Tennis.

David Callahan spoke in support of Agape Tennis Academy.

Nicole Martinez spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Christine Furman spoke on converting tennis courts into pickle ball courts and spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Celia Lett spoke in support of Agape Tennis Academy.

Mark Hoffman, Costa Mesa, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Victor Pham spoke in support of Agape Tennis Academy.

Julianne Blocker, Costa Mesa, spoke in support of Agape Tennis Academy.

Kim Shatinger spoke in support of Top Seed Tennis Academy.

Lynn Holiday spoke in support of Top Seed Tennis Academy.

Cheryl Kimmy spoke in support of Top Seed Tennis Academy.

Kira McLain spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Josh McLain, Ladera Ranch, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Janine Wynn spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.
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Laura Garner spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Evan Garner spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Jamie Winterton spoke in support of Top Seed Tennis Academy.

Christine Machado, Huntington Beach, spoke in support of Agape Tennis Academy.

David Hotwald spoke in support of Top Seed Tennis Academy.

Hadley Stauffer spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Shannon Patterson spoke in support of Top Seed Tennis Academy.

Chelsea Bailey, Costa Mesa, spoke in support of Top Seed Tennis Academy.

Speaker, spoke on supporting each other, spoke in support of Agape Tennis Academy, and spoke in favor of pickle ball.

Speaker, spoke in support of Agape Tennis Academy.

Trevor Kronemann spoke on the need for tennis facilities.

Sheree Kimble, Laguna Beach, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Liam Clark spoke in support of Top Seed Tennis Academy.

Terri Rasmussen spoke in support of Top Seed Tennis Academy.

Gene Clark spoke in support of Top Seed Tennis Academy.

Ashley Carlton spoke in support of Top Seed Tennis Academy.

Eduardo Reyes, spoke on being a coach at the Costa Mesa Tennis Center.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Agape Tennis Academy.

Speaker, spoke in support of pickleball and hosting 3 tournaments at the Costa Mesa Tennis Center, and spoke in support of Top Seed Tennis Academy. 135
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Paul Banfeld spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Speaker, spoke against the Request For Proposal process.

Speaker, spoke in support of Top Seed Tennis Academy.

Rick Huffman, Costa Mesa, spoke in support of Top Seed Tennis Academy.

Jacob Williams spoke in support of Top Seed Tennis Academy.

Bogdan Popa spoke in support of Top Seed Tennis Academy.

Dimitry Tsukerman spoke in support of Agape Tennis Academy.

Speaker, spoke in support of Top Seed Tennis Academy.

Max McKennan spoke in support of Top Seed Tennis Academy.

Written communications received:

Morgan Deisner, Amie Escalette, Donna McKennon, Rick Foster, Lori DiSilva, Ron Levy, Liz Kirksey, Michael Sullivan, Lindsay Levenas, Lisa Levanas, Carole Call, Chris Ketchum, JoAnn Copp, Julie Mellies, Ann Lyons, Marni Clark, Terri Rasmussen, Gretchen Allren, Mimi Toberman, Laurie Martin, Francesca Ligman, Shannon Ross, Cynthia McDonald, Diane Heimstaedt, Jennifer Watkins, Patricia Davino, Maria Solomon, Andrew Patterson, Lindi Oldham, Debbie Drummond, Kiera McLane, Angela Vrebalovich, Laura O’Leary, Cheryl Kimme, Lea Tamblyn, Kristina Jubinville, Laura Garner, Katie Heggerick, Bogdan Popa, Brittney Vaughn, Alex Shakas, Matt Ploski, Alicia Fillmore, Cheryl Smith, Stacy Tzur, Sofia Dickens, Suzanne Olsen, Dean Sexton, Christine Stoeckel, Jody Brennan, Jill Brown, Gretchen Allred, Brittany Nevins, Janine Wynn, David Hochwald, Amy Rice, Mandy Wheeler, Dan Wateska, Ann Stevenson, Dee Harriman, Jennifer and Douglas Richardson, Cherie Sharp, Rachel de los Santos, Laura Garner, Diane Beach, Jamie Winterton, Rachel Waite, Brandon McKennon, Richard Gude, Barbara Hinshaw, Tony Mathews, Mark Melanson, Stefan Manns, Michael Hull, Jenny Angulo, William Vinovich, James Ni, Laurie Martin, Hayden Nguyen, Kacey Gill, Jeff Gillard, Jake Halladay, Angela Eyre, Jennifer Aguilar, Trudy Ferris.

MOVED/SECOND: Council Member Gameros/Council Member Harlan MOTION: Approve Top Seed Tennis Academy as the operators of the Costa Mesa Tennis Center.

Council Member Gameros spoke in support of the motion.

Mayor Pro Tem Harlan spoke on the process and serving the community. 136
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Council Member Chavez requested to include in the contract that outreach and access be required to all of Costa Mesa residents.

Council Member Gameros (1 st) and Council Member Harlan (2 nd) agreed to Council Member Chavez request.

MOVED/SECOND: Council Member Gameros/Council Member Harlan MOTION: Approve Top Seed Tennis Academy as the operators of the Costa Mesa Tennis Center and to include in the contract that outreach and access be required to all of Costa Mesa residents.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council awarded an operation agreement to Top Seed Tennis Academy for the Management and Operation of the Costa Mesa Tennis Center.

2. Authorized the City Manager or her designee to negotiate the terms and conditions for the financial share between the City and Top Seed Tennis Academy.

3. Authorized the City Manager and the City Clerk to execute the operating agreement and future amendments to the agreement within City Council authorized limits.

4. Directed the contract to include that outreach and access be required to all of Costa Mesa residents.

2. AUTHORIZE THE USE OF SOURCEWELL’S NATIONAL COOPERATIVE

AGREEMENT WITH WHP TRAININGTOWERS FOR THE PURCHASE OF A PRE-FABRICATED TRAINING TOWER AT FIRE STATION NO. 4
Presentation by Mr. Yang, City Engineer.

Public Comments: None.
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MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council authorized the use of Sourcewell’s National Cooperative Agreement No. 011822-JHK with WHP Training towers for the purchase and installation of a pre-fabricated training tower at Fire Station No. 4 in the amount of $2,178,190.05.

2. Authorized an additional ten percent (10%) contingency of $217,819.05 for unforeseen costs.

3. RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221, FOR THE REHIRE OF

EMERGENCY SERVICES MANAGER BRENDA EMRICK
Presentation by Ms. Lee, Human Resources Manager.

Public Comments: None.

MOVED/SECOND: Mayor Stephens/Council Member Marr
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council adopted Resolution No. 2023-40 for the exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21221(h) to retain the services of retired Emergency Services Manager Brenda Emrick.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS
Council Member Marr spoke on the Orange County League of Cities large city representative seat is available.
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Council Member Reynolds thanked Public Works staff for taking care of the tree that fell during the council meeting.

Mayor Stephens thanked Public Works staff for work at Wilson Park.

ADJOURNMENT –The Mayor adjourned the meeting at 11:49 p.m.

Minutes adopted on this 5th day of September, 2023.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
139
Minutes – Special Joint City Council and Planning Commission Study Session – July 26, 2023

SPECIAL JOINT STUDY SESSION MEETING OF THE COSTA MESA

CITY COUNCIL AND PLANNING COMMISSION
JULY 26, 2023 – 5:00 P.M. - MINUTES
CALL TO ORDER – The Study Session meeting was called to order by Mayor Stephens at 5:02 p.m.

ROLL CALL

Present: Planning Commission Chair Adam Ereth, Planning Commission Vice Chair Russell Toler, Planning Commissioner Angely Andrade Vallarta (Arrived at 5:36 p.m.), Planning Commissioner Johnny Rojas, Planning Commissioner Jimmy Vivar, and Planning Commissioner Jon Zich, Council Member Chavez (Left at 6:45 p.m.), Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens,

Absent: None.

PUBLIC COMMENTS
Dianne Russell spoke in support of inclusionary housing, spoke on in-lieu fees, and spoke in support of low and very low-income housing.

Speaker, spoke in support of an inclusionary housing ordinance.

Eric Nelson, representing the Building Industry Association, spoke on housing development and policies, spoke on industry profits, reduction of housing stock for sale, and encouraged an incentive program.

Jay Humphrey, Costa Mesa, spoke on an inclusionary housing ordinance, RHNA numbers, and penalties.

Speaker, Resilience Orange County, spoke on housing insecurity, developing housing opportunities, prioritizing the needs of Costa Mesa workers, and in-lieu fee programs.

Kathy Esfahani, Costa Mesa Affordable Housing Coalition, spoke on the need to set aside very low-income units, spoke on the need for an inclusionary housing ordinance, and spoke on Irvine’s inclusionary housing ordinance.
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Minutes – Special Joint City Council and Planning Commission Study Session – July 26, 2023

Adam Wood, representing the Building Industry Association, spoke in favor of affordable housing but against an inclusionary housing ordinance, spoke on the cities of Santa Ana and Tustin, inclusionary zoning, and spoke on not limiting housing production.

Speaker, Resilience Orange County, spoke in support of an inclusionary housing ordinance, and spoke in support of adopting a rental registry.

Speaker, spoke in support of an inclusionary housing ordinance, changing zoning to provide incentives, supports decreasing the parking requirements, and spoke on Assembly Bill 309, The Social Housing Act.

David Haithcock, President and CEO of Costa Mesa Chamber of Commerce, spoke on analyzing affordable housing and impacts to pricing, and encouraged collaboration with stakeholders.

Speaker, spoke on collaboration, benchmarking, and researching other cities with successful ordinances.

Speaker, spoke on the need for affordable rental housing.

Ashley Anderson, Orange County Eviction Diversion Collaborative, spoke on the state of evictions in Orange County.

Jennifer Bullard, Orange County Business Council, spoke in support of workforce housing and against inclusionary zoning, and spoke on a collaborative effort between government and business to incentivize affordable housing.

SPECIAL STUDY SESSION ITEM:

1. FOLLOW-UP JOINT STUDY SESSION REGARDING A POTENTIAL INCLUSIONARY

HOUSING PROGRAM
Presentation by Kathe Head, Consultant and Jennifer Le, Economic and Development Services Director.

City Council and Planning Commission recessed into a break at 6:28 p.m.

City Council and Planning Commission reconvened at 6:41 p.m.

Discussion ensued on the timing of an ordinance, land availability, how to incentivize property owners, allowing more units, engaging with the development community, the need for policies and procedures, meeting with major developers, incentives for housing as well as apartment housing, and ownership versus rental.

City Council and Planning Commission received the staff presentation, provided feedback on policy recommendations, and provided direction regarding an inclusionary housing ordinance for Planning Commission and City Council consideration. 141
Minutes – Special Joint City Council and Planning Commission Study Session – July 26, 2023

ADJOURNMENT – The Mayor adjourned the meeting at 8:11 p.m.

Minutes adopted on this 5th day of September, 2023.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*
AUGUST 1, 2023 - 6:00 P.M. - MINUTES
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 6:01 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Matthew Hambrick, Costa Mesa First United Methodist Church.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan and Mayor Stephens.

Absent: None.

PRESENTATIONS:

Mayor Stephens recognized the Costa Mesa Little League (CMLL) Teams.

Mayor Stephens presented a commendation to Costa Mesa Little League President Brian Rottschafer.

SoCal Gas presented a check to the City of Costa Mesa for being selected as the 2023 climate adaption and resiliency grant winner in the amount of $50,000.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on green transportation.

Speaker, expressed concerns on the permit parking program.

Ayn Craciun, Climate Action Campaign, spoke in support of a climate action plan.

Wendy Simao spoke on noise concerns at The 12 gym.

Speaker, spoke in support of a climate action plan.
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Marc Vukcevich spoke in support of the bike lanes on Placentia Ave., spoke on a DUI checkpoint on Bristol St., spoke on ideas regarding climate change, and spoke on inclusionary housing.

Speaker, spoke in support of a climate action plan and alternative transportation.

Hatem Ibrahim, representing Horizons Construction Co., spoke on final payments and release of the retention monies.

Lily Bui, Costa Mesa, spoke in support of a climate action plan.

Steve McNally, Costa Mesa, spoke in support of funding for mental health services.

Richard Bush spoke in support of a climate action plan.

Speaker, spoke on eviction protections, spoke on Mercy House requirements, spoke on Assembly Bill 1482, and spoke on a rent control ordinance.

Speaker, spoke in support of housing affordability.

Speaker, Resilience Orange County, spoke on eviction protections.

Speaker, spoke on housing affordability.

Carmen Ramirez spoke on representation for her district and interacting with Council.

Speaker, spoke on housing affordability.

Speaker, Resilience Orange County, spoke on housing affordability and engaging with the community.

Speaker, spoke on housing affordability.

Speaker, requested public comments to come after presentations at study sessions, requested agenda items be translated to Spanish, spoke on plastic delineators for bike lanes, spoke on one-way streets having an automatic signal, and spoke in support of a climate action plan.

Speaker, spoke on the Harbor Soaring Society and Fairview Park, and preserving native habitats.

Speaker, spoke on loud noises at home due to Tony’s Bar.

Speaker, spoke on the Hive project and lack of infrastructure to support it.

Jay Humphrey, Costa Mesa, spoke in support of the ADA devices provided and spoke on moving New Business item No. 8 to the front of the agenda. 144
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Alexander Haberbush spoke against the proliferation of cannabis retailers.

Alejandro Sobrero Barboza spoke in support of a climate action plan.

Jake Comer, Costa Mesa, spoke in support of a climate action plan.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS MOVED/SECOND: Council Member Reynolds/Mayor Stephens
MOTION: Reorder the agenda to consider New Business item No. 8 first.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
Council Member Reynolds spoke on the available rental assistance programs, thanked staff for their work on an inclusionary housing ordinance, requested a climate action plan be agendized, spoke on Congresswomen Katie Porter holding a meeting on Thursday, August 3 rd regarding the environment, thanked Public Works staff for communications on ongoing projects in the city, spoke on the West 19th Street project meeting on Tuesday August 8th at the Costa Mesa Senior Center, spoke on the first community meeting for the Fairview Park Master Plan on August 31 st at the Norma Hertzog Community Center, and spoke in support of translating agendas to Spanish.

Council Member Chavez requested utilizing part of the surplus budget for charging stations, spoke on conducting a density bonus study in Costa Mesa beyond state guidelines, spoke in support of planting trees and requested a formal policy, spoke on the cadet program in the Fire Department, spoke on access for SOY students at the tennis center and inclusivity, and thanked staff for funding crosswalk guard services.

Council Member Gameros spoke on staff checking on Fairview Park native species, Harbor Soaring Society, and congratulated the Costa Mesa 10U World Champions.

Council Member Marr requested the City Manager provide an update on a climate action plan, requested staff to research prohibiting right turn on red lights at large pedestrian intersections, and spoke on the Mesa Water turf replacement rebate program.

Mayor Pro Tem Harlan spoke on a noise expert addressing The 12 gym complaints, spoke on the Chiefs at the Demolition Derby, and requested an Economic and Development Strategic Plan update.

Mayor Stephens spoke on the passing of Fred Sorsabal, previous Costa Mesa City Manager and adjourning the meeting in memory of him, and showed a video regarding the non-profit Rad Camp at Vanguard University.
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REPORT – CITY MANAGER – Ms. Farrell Harrison, spoke on the 6 th Fair Housing Workshop on Wednesday, August 16th, spoke on staff monitoring Harbor Soaring Society activities, spoke on issuing a Request For Proposal for a climate action and adaptation plan, and spoke on the timeline for the Economic and Development Plan.

REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Harlan
MOTION: Approve recommended actions for consent calendar items 1-8, except for items 4, 7, and 8.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

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 Claims received by the City Clerk: Jenette Martinez, Chelsea Nava, Tyler Tessmann.

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2702.

5. VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AT 1940 WALLACE AVENUE
ACTION:

1. City Council adopted Resolution 2023-41 to vacate a portion of a City public utility easement at 1940 Wallace Avenue.

2. Authorized the execution of the Quitclaim Deed by the Mayor and the City Clerk. 146
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6. VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AT 2156 MYRAN DRIVE
ACTION:

1. City Council adopted Resolution 2023-42 for the vacation of a portion of a City public utility easement at 2156 Myran Drive.

2. Authorized the execution of the Quitclaim Deed by the Mayor and the City Clerk.

ITEMS PULLED FROM THE CONSENT CALENDAR

4. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2023 LEAGUE

OF CALIFORNIA CITIES ANNUAL CONFERENCE
Public Comments:

Jay Humphrey, Costa Mesa, spoke on the opportunity for council members to network at the conference.

MOVED/SECOND: Mayor Stephens/Council Member Marr
MOTION: Approve recommended actions and add Mayor Stephens as an alternate.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council designated City Manager Lori Ann Farrell Harrison as Costa Mesa’s voting delegate, Deputy City Manager Alma Reyes as an alternate, and Mayor Stephens as an alternate for the 2023 League of California Cities Annual Conference.

7. FIFA WORLD CUP 2026 - POTENTIAL USE OF JACK HAMMETT SPORTS

COMPLEX
Public Comments:

Speaker, spoke on the Jack Hammett Sports Complex being closed for 28 days.

MOVED/SECOND: Council Member Chavez/Council Member Gameros MOTION: Approve recommended actions.

Discussion ensued on the timeline FIFA would be using the field. 147
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MOVED/SECOND: Council Member Chavez/Council Member Gameros MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council directed staff to explore the use of Jack Hammett Sports Complex as a Team Base Camp for a national soccer team during the 2026 FIFA World Cup tournament.

2. Authorized the City Manager to negotiate and execute necessary agreements in accordance with City Council direction.

8. SCHOOL CROSSING GUARD SERVICES
Council Member Reynolds spoke on safe routes to school.

Public Comments:

Speaker, spoke on utilizing school children as crossing guards to save money.

MOVED/SECOND: Council Member Reynolds/Council Member Gameros MOTION: Approve recommended actions and direct staff to collaborate with the school district on safe routes to school and future cost sharing opportunities for crossing guards.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council approved a Professional Services Agreement (PSA) with All City Management Services (ACMS) to provide school crossing guard services for the 2023-2024 and 2024-2025 school years for an initial two-year period, for a total not-to-exceed amount of $328,569 annually and an option to extend for up to three (3) additional terms of one (1) year each.

2. Approved the Consumer Price Index (CPI) increase for each extension period. 148
Minutes – Regular Meeting –August 1, 2023 Page 7 of 16

3. Authorized the City Manager and the City Clerk to execute the PSA and any future authorized amendments to the agreement.

4. Directed staff to collaborate with the school district on safe routes to school and future cost sharing opportunities for crossing guards.
------------------------------------------END OF CONSENT CALENDAR--------------------------------------- City Council recessed into a break at 8:26 p.m.

City Council reconvened at 8:40 p.m.

NEW BUSINESS:

8. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR

AND POTENTIAL DEVELOPMENT OF AN EVICTION ORDINANCE
Presentation by Ms. Hall Barlow, City Attorney.

Discussion ensued on staff providing statistics and a comparison of existing state laws versus a proposed city ordinance.

Public Comments:

Patricia Montes, Costa Mesa, spoke on various issues with their landlord.

Juana Trejo inquired if council has held any meetings with home owners or property associations regarding issues with tenants and landlords, the importance of communication with tenants, and finding solutions.

Speaker, Resilience Orange County, spoke on Senate Bill 567 which would remove the rent cap, spoke on Assembly Bill 1482 and the lack of enforcement, and indicated the need for more data.

Speaker, shared their personal eviction story, spoke on the difficulties finding a new apartment, and spoke in support of an eviction ordinance.

Speaker, spoke on acting with caution as to not dampen the housing market as development is needed.

Speaker, shared their personal eviction story and spoke on safety issues.

Jenn Tanaka, Costa Mesa, spoke on the book Evicted by Matthew Desmond, utilizing staff time, being very thoughtful, answering the right questions, and laws difficult to enforce.

Carmen Ramirez spoke on six families in the area being evicted, difficulty of moving and changing schools, and spoke on the Council Members getting to know the community. 149
Minutes – Regular Meeting –August 1, 2023 Page 8 of 16
Speaker, Resilience Orange County, spoke on Senate Bill 567 and closing loopholes in the language regarding evictions and spoke on having recurring meetings to inform the community.

Ashley Anderson, Costa Mesa, spoke on the report prepared by Orange County United Way on evictions, spoke in support of an Ordinance, and spoke on connecting tenants and landlords.

MOVED/SECOND: Council Member Marr/Council Member Chavez.

MOTION: Directed staff to bring back for consideration an Ordinance on evictions and eviction diversion and in the report to include analysis on how much time the tenants have to move after notification, how many evictions occur due to safety issues and validation of the safety issues, include an enforcement segment and include potential supplemental services for legal aid and community meetings with tenants and providers.

Council Member Chavez requested mandatory reporting of evictions, and provisions on how to stop landlords from evicting tenants illegally without doing the upgrades.

Council Member Marr (1st) agreed to the addition.

Mayor Stephens requested additional analysis on the reasons tenants are being evicted beyond the knowledge we currently possess.

Council Member Marr (1st) and Council Member Chavez (2nd) agreed to the addition.

Ms. Farrell Harrison, City Manager, indicated the report will include a proposed budget and proposed staffing resources for implementation and enforcement.

Mayor Pro Tem Harlan agreed on the need for additional analysis, including the effectiveness of other jurisdictions Ordinances.

MOVED/SECOND: Council Member Marr/Council Member Chavez.

MOTION: Directed staff to bring back for consideration an Ordinance on evictions and eviction diversion and in the report to include analysis on how much time the tenants have to move after notification, how many evictions occur due to safety issues and validation of the safety issues, include an enforcement segment, include potential supplemental services for legal aid and community meetings with tenants and providers, and mandatory reporting of evictions, and provisions on how to stop landlords from evicting tenants illegally without doing the upgrades.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
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Minutes – Regular Meeting –August 1, 2023 Page 9 of 16
ACTION:

City Council Directed staff to bring back for consideration an Ordinance on evictions and eviction diversion and in the report to include analysis on how much time the tenants have to move after notification, how many evictions occur due to safety issues and validation of the safety issues, include an enforcement segment, include potential supplemental services for legal aid and community meetings with tenants and providers, and mandatory reporting of evictions, and provisions on how to stop landlords from evicting tenants illegally without doing the upgrades.

PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. APPEAL OF PLANNING APPLICATION 22-04 FOR A RETAIL CANNABIS STOREFRONT BUSINESS LOCATED AT 2790 HARBOR BOULEVARD, SUITES 107, 109, AND 115 (FROM THE EARTH)
No ex-parte communications to report.

Presentation by Ms. Halligan, Contract Planner.

Applicant presentation by Mr. Zaharoni.

Discussion ensued on donations to schools and non-profits, the presentation before the Planning Commission, and any displacement of businesses.

Public Comments:

Speaker, spoke on the parking analysis and parking minimums.

Randy Nguyen, Costa Mesa, spoke in opposition to the application due to overconcentration.

Aaron Snyder, Costa Mesa, spoke in opposition to the application as there are too many in the proximity already, and requested a review of separation requirements.

Jay Humphrey, Costa Mesa, requested review of separation standards.

Dr. Mary Pham, Costa Mesa, spoke on issues with parking, spoke on Angels Beauty Salon, and in opposition to the application.

Pamela Marks Hollander, Costa Mesa, spoke in opposition of the application.

Carrie Mizera, Trilingual Immersion School, spoke in opposition of the application.

Jason Tong, Property Manager, spoke in support of the application, and indicated there is plenty of parking.

Elizabeth Mosher spoke in opposition of the item.
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Minutes – Regular Meeting –August 1, 2023 Page 10 of 16 Speaker, representing From The Earth, clarified the donation of backpacks to the school district, spoke on available parking, and spoke on other types of businesses that are in close proximity to each other.

Speaker, spoke in opposition of the application.

Henny Abraham spoke in opposition of the application.

Pete Daily, Costa Mesa, spoke in support of the application.

Cassius Rutherford spoke on the proliferation of alcohol related businesses.

Written communication received from Leslie Van Deusen.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Harlan
MOTION: Overturn the Planning Commission’s decision and adopt a Resolution to approve Planning Application 22-04.

The motion failed by the following roll call vote:

Ayes: Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, and Council Member Reynolds.

Absent: None.

Abstain: None.

Motion failed: 2-5
ACTION:

City Council upheld the Planning Commission’s decision and adopted Resolution No. 2023-43 to deny Planning Application 22-04.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Reorder the agenda and consider New Business Item No. 2.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
NEW BUSINESS:

2. GENERAL PLAN SCREENING REQUEST (GPS-23-03) FOR A PROPOSED RESIDENTIAL DEVELOPMENT ON A 14.25 ACRE SITE LOCATED AT 3333 SUSAN AVENUE (“Hive Live”)
Presentation by Mr. Yeager, Associate Planner.

The applicant provided a presentation.
152
Minutes – Regular Meeting –August 1, 2023 Page 11 of 16 Public Comments:

Speaker, spoke on less parking requirements, requested more commercial on site, spoke on a public connection to the rail trail, and spoke on easing requirements.

Chris McEvoy spoke on decks and open space, spoke on infrastructure needs, and spoke on Measure K.

Jay Humphrey, Costa Mesa, expressed concern on housing affordability.

Speaker, read comments from Mr. Toler, spoke in support of housing, suggested more retail space, spoke on allowing for higher height limits, removing the standard parking minimums, stressed the goal toward pedestrian friendliness, spoke on requiring bike parking, and car sharing, and requiring parking to be unbundled.

Jenn Tanaka spoke in support of approving the project, and spoke on adding higher density and more units.

Cynthia McDonald, Costa Mesa, expressed concerns on the project, spoke on inclusionary housing, affordable housing, spoke on overcrowding, spoke on visioning for the City, and building housing for all income levels.

Cassius Rutherford spoke on the need for housing, and in support of the item.

Speaker, spoke on low income and inclusionary housing.

Speaker, spoke in support of the item.

Written communication received from Cassius Rutherford.

Discussion ensued on trip budgets, having a local hire component, having more retail and walkability, adding EV charging stations, a focus on open space, utilizing less parking, secure e-bike parking, affordability for low and very low-income levels, the vision for the area to support walkability, space between developments and other buildings, active transportation, and bike lanes.

MOVED/SECOND: Council Member Chavez/Council Member Gameros MOTION: Continue the meeting past midnight.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, and Mayor Pro Tem Harlan.

Nays: Council Member Harper and Mayor Stephens

Absent: None.

Abstain: None.

Motion carried: 5-2
153
Minutes – Regular Meeting –August 1, 2023 Page 12 of 16 MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: City Council provided direction to process the General Plan Amendment.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council provided direction to process a General Plan Amendment request and other associated entitlements for the development of a 14.25-acre parcel located at 3333 Susan Street with 1,050 residential units, 2,500 square feet of retail space, and

5.05 acres of open space (“Hive Live”).

OLD BUSINESS:

1. RECOMMENDATIONS FROM CITY COUNCIL COMMITTEE LIAISONS REGARDING

CITY COMMITTEES
ACTION:

City Council continued this item to the September 5, 2023 City Council meeting.

NEW BUSINESS:

1. APPOINTMENT TO THE PLANNING COMMISSION
Public Comments:

Aaron Snyder, Costa Mesa, introduced himself to the council as an applicant.

Written communication received from Phil Palisoul.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Appoint Karen Klepack to the Planning Commission.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: Mayor Pro Tem Harlan.

Motion carried: 6-0-0-1
ACTION:

Council Member Marr appointed Karen Klepack to the Planning Commission (term expiration of January 2027), with approval by the City Council. 154
Minutes – Regular Meeting –August 1, 2023 Page 13 of 16

4. AUTHORIZATION TO SUBMIT A JOINT APPLICATION WITH THE COUNTY TO THE

STATE FOR BEHAVIORAL HEALTH BRIDGE HOUSING FUNDS TO INCREASE

CAPACITY AND IMPLEMENT BEHAVIORAL HEALTH CARE AT THE BRIDGE

SHELTER
Presentation by Mr. Robbins, Neighborhood Improvement Manager.

Discussion ensued on mandated numbers, timelines for residents allowed to stay in the shelter, average stay in the shelter, and no diversion of funds from Fairview Park for the project.

Public Comments: None.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Approve recommended actions.

Ms. Farrell Harrison, City Manager requested an amendment to the motion to include the grant to pay for one additional outreach worker.

Mayor Stephens (1st) and Council Member Chavez (2nd) agreed to the amendment.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Approve recommended actions and authorize to increase the Table of Organization for one outreach worker.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council authorized submission of an application with the Orange County Health Care Agency to the California Department of Health Care Services for Behavioral Health Bridge Housing Program funds to increase capacity at the Bridge Shelter by adding 15 behavior health beds and associated services for individuals with Serious Mental Illness (SMI) or Substance Use Disorder (SUD), and appropriate all awarded funds to the Housing Authority’s Shelter Budget.

2. Authorized the City Manager or her designee to execute agreements and amendments to agreements to bring the Bridge Shelter Behavioral Health Project to fruition.

3. Authorized to increase the Table of Organization for one outreach worker. 155
Minutes – Regular Meeting –August 1, 2023 Page 14 of 16

5. PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY VISIONING AND

LAND USE PLANNING SERVICES FOR THE FAIRVIEW DEVELOPMENTAL CENTER
Public Comments:

Speaker, spoke on the need to collaborate with the State, spoke on Assembly Bill 309 which would provide for housing, and having a car free area.

Cynthia McDonald spoke on visioning and community workshops.

MOVED/SECOND: Mayor Pro Tem Harlan/Council Member Chavez MOTION: Approve recommended actions.

Council Member Reynolds requested a quarterly progress update at City Council meetings including financial updates for any amendments greater than 15% of the contract value.

Mayor Pro Tem Harlan (1st) and Council Member Chavez (2nd) agreed to the change.

MOVED/SECOND: Mayor Pro Tem Harlan/Council Member Chavez MOTION: Approve recommended actions and include a quarterly progress update at City Council meetings including financial updates for any amendments greater than 15% of the contract value.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council authorized the City Manager and City Clerk to appropriate and execute a Professional Services Agreement with PlaceWorks for a not-to-exceed amount of $2,236,253 (including contingencies to cover any unforeseen costs and/or additional services that may be needed upon City staff’s approval) for a two-year period with up to three one-year extensions, in substantially the same form as attached and in such final form as approved by the City Attorney.

2. Authorized the City Manager or designee to execute the agreement and any future amendments to the agreement including increases to the not-to-exceed amount, up to the $3.5 million authorized by the State for this project, as and if needed.

3. Directed staff to provide quarterly progress updates at City Council meeting including financial updates for any amendments greater that 15% of the contract value. 156
Minutes – Regular Meeting –August 1, 2023 Page 15 of 16 MOVED/SECOND: Council Member Marr/Mayor Stephens
MOTION: Adjourn the meeting and table the remainder of the agenda items to the September 5, 2023 City Council meeting.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.

Nays: Council Member Chavez and Mayor Pro Tem Harlan.

Absent: None.

Abstain: None.

Motion carried: 5-2

6. AUTHORIZATION OF AN ADDITIONAL PARK RANGER FOR HARPER PARK

SCHOOL FIELD ACCESS AND UPDATE REGARDING ENHANCED SECURITY AT

FOUR NEWPORT MESA UNIFIED SCHOOL DISTRICT FIELDS ON THE WESTSIDE ACTION:

City Council continued this item to the September 5, 2023 City Council meeting.

7. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR AND POTENTIAL DEVELOPMENT OF AMENDMENTS TO THE CITY’S CANNABIS

ORDINANCES
ACTION:

City Council continued this item to the September 5, 2023 City Council meeting.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – The Mayor adjourned the meeting at 12:40 a.m. in memory of Fred Sorsabal.
157
Minutes – Regular Meeting –August 1, 2023 Page 16 of 16 Minutes adopted on this 5th day of September, 2023.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
158

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1312 Meeting Date: 9/5/2023
TITLE:

AWARD OF THE INFORMATION TECHNOLOGY DEPARTMENT REMODELING PROJECT, CITY PROJECT NO. 22-09
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: SEUNG YANG, P.E., CITY ENGINEER
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Information Technology Department Remodeling Project, City Project No. 22-09.

2. Authorize the City Manager and City Clerk to execute a Public Works Agreement (PWA) for construction to Builtall, 4712 East 2nd Street, #520, Long Beach, California 90803 in the amount of $255,020, plus a ten percent (10%) contingency for the PWA and also contracts referenced below for a total contingency of $42,279, and authorize a budget appropriation from available fund balances in the amount of $250,000.

3. Authorize the City Manager or designee to execute the agreements and any future amendments to the agreements including increases to the not-to-exceed amount within City Council authority.

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.

BACKGROUND:

The Information Technology (IT) Department Remodeling Project was approved during Fiscal Year 2016-17. Staffing at that time comprised eleven (11) full-time positions, one (1) management, two (2) supervisory, seven (7) professional, and one (1) clerical position. Due to staffing shortages and the onset of the COVID-19 pandemic, the project was temporarily deferred.

Current staffing in the IT Department now consists of twenty-one (21) full-time positions, three (3)

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File #: 23-1312 Meeting Date: 9/5/2023
Current staffing in the IT Department now consists of twenty-one (21) full-time positions, three (3) management, two (2) supervisory, and sixteen (16) professionals due to the implementation of the Five-Year Information Technology Strategic Plan (ITSP).

This project will accommodate the increased IT staffing by reconfiguring the space, removing and replacing walls in strategic locations, relocating electrical and data points of connections, painting, and installing associated smoke detectors, carpeting and lighting improvements. The project will also convert one office and attached storage vault to two offices on the third floor by removing and relocating an existing wall, along with mechanical, electrical, data, lighting, smoke detectors, paint and carpeting improvements. The final project design was completed in early 2023.

ANALYSIS:

The City Clerk received and opened four bids for this project on April 4, 2023. Builtall, the apparent lowest bidder, submitted a bid proposal in the amount of $255,020. This amount is approximately fifteen percent (15%) under the Engineer’s estimate of $300,000. The average of the four bids received amounted to $350,092. The bid results and the Engineer’s estimate are included as Attachment 1.

The second-place bidder, Construction Masters, submitted a formal protest of Builtall’sbid, noting concerns about its resources to address the fire alarm modification requirements. However, Builtall submitted a response addressing the concerns and identifying sufficient resources to complete the required scope of work.

The license and references of Builtall have been checked and staff has found them to be in good standing.

Upon City Council award of the Public Works Agreement (PWA), Builtall will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. The PWA will be drafted by the City Attorney’soffice after City Council award and executed thereafter. Upon the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.

In addition, new cubicle walls and furnishings are required for this project and will be procured through the OMNIA Partners Cooperative Program. Purchasing the majority of the furnishings through the OMNIA contract meets all requirements set forth by the City of Costa Mesa’sPurchasing Policy and all the requirements set forth by the State of California. The purchasing of equipment will be completed through the OMNIA Contract Number R191801 in the amount of $93,850. The labor costs for installation will be awarded to Innovative Office Solutions in the amount of $26,408. Three quotes were received and Innovative Office Solutions was the lowest most responsible bidder.

Innovative Office Solutions is an authorized participant in the contract, and the furnishings will be purchased through this vendor.

Staff will be utilizing JJ TecSolutions for the data cabling and telephone implementation in the amount of $23,323. The remainder of the project budget will be utilized for miscellaneous expenditures to accommodate the remodel that are not directly related to actual construction and $4,193 for additional equipment from Innovative Office Solutions.

City Council authorization for a contingency in the amount of $42,279 for unforeseen construction,

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File #: 23-1312 Meeting Date: 9/5/2023
City Council authorization for a contingency in the amount of $42,279 for unforeseen construction, miscellaneous, furniture, and related costs on the project is also requested, as well as a budget appropriation of $250,000 from available fund balances to fully fund the Project. A summary of project costs is included as Attachment 2.

ALTERNATIVES:

The City Council may decide to not authorize the project; however, staff does not recommend this action. Not proceeding with this project will adversely affect the Information Technology Department’s daily operations.

Another alternative to this Council action would be to reject all bids, re-advertise, and re-bid the construction project. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project.

FISCAL REVIEW:

The Information Technology Department Remodeling Project budget is included in the Capital Improvement Fund 401 in the amount of $230,000. Staff requests that a budget appropriation be authorized from available fund balances in the additional amount of $250,000 to fully complete the project which has increased in costs since the original budget was developed over seven years ago due to inflation, the rising costs of construction and related materials, continuing supply chain challenges, and the reconfiguration of a closet and office into two separate offices to provide an adequate number of work stations.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this staff report and approves it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This project works toward achieving the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Maintain and Enhance the City’s Infrastructure, Facilities, Equipment and Technology CONCLUSION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Information Technology Department Remodeling Project, City Project No. 22-09.

2. Authorize the City Manager and City Clerk to execute a Public Works Agreement (PWA) for construction to Builtall, 4712 East 2nd Street, #520, Long Beach, California 90803 in the amount of $255,020 plus a ten percent (10%) contingency for the PWA and other contracts referenced above for a total contingency of $42,279, and authorize a budget appropriation from available fund balances in the amount of $250,000.

3. Authorize the City Manager or designee to execute the agreements and any future amendments

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File #: 23-1312 Meeting Date: 9/5/2023

3. Authorize the City Manager or designee to execute the agreements and any future amendments to the agreements including increases to the not-to-exceed amount within City Council authority.

162
City
Long Beach
Ontario
Dana Point
Huntington Beach
AVERAGE BID:

ENGINEER'S ESTIMATE:

LOWEST RESPONSIVE BID:

Construction Masters
*Non Responsive* Bid Bond not submitted to City Clerk
MBC Enterprises, Inc.

M.S. Construction Management Group
*Non Responsive* Incomplete Bid Proposal
Builtall
Bidder
$458,000.00
Total Bid
$255,020.00
$407,574.00
$279,772.00
$255,020.00
$300,000.00
$350,091.50
PAGE 1 OF 1

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT

IT DEPARTMENT OFFICES REMODELING PROJECT
CITY PROJECT NO. 22-09
BID OPENING DATE: April 4, 2023
ATTACHMENT 1
163
Scope Cost
Builtall Construction Contract $255,020.00
Miscellaneous Unforeseen
Expenditures to Support Remodel
(Locksmith, Maintenance procured
services to tie up loose ends, etc.) $20,000.00
Furniture through Innovative Office
Solutions / OMNIA Co-Op $120,257.10
Furniture through Innovative Office
Solutions not OMNIA Co-Op $4,193.01
New Data and Phone Cabling through JJ
TecSolutions $23,323.05
10% Contingency $42,279.32
TOTAL: $465,072.48
Available Budget: $233,161.02
Required Budget Transfer: $231,911.46
CITY PROJECT NO. 22-09
ATTACHMENT 2

IT DEPARTMENT OFFICES REMODELING PROJECT

COST SUMMARY
164

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1352 Meeting Date: 9/5/2023
TITLE:

PROFESSIONAL SERVICES AGREEMENT WITH WETLANDS WILDLIFE CARE CENTER DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: BRYAN WADKINS, CAPTAIN
CONTACT INFORMATION: BRYAN WADKINS, CAPTAIN, (714) 754-5672 RECOMMENDATION:

Staff recommends City Council:

1. Approve and authorize the City Manager to execute the Professional Services Agreement (PSA) with Wetlands Wildlife Care Center (WWCC) to provide full-service trauma care, shelter services, rehabilitation and release of rehabilitated wildlife for a two-year period, with up to three one-year extensions, for a not to exceed amount of $57,000 annually.

2. Authorize a ten percent (10%) contingency annually for other unforeseen costs.

3. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to the agreement.

BACKGROUND:

WWCC serves injured and orphaned wildlife throughout Southern California. In 1990, a crude oil spill off the coast of Huntington Beach, sickened over 1,200 birds. Less than half of the affected birds survived treatment at a makeshift facility.

As a result, the Alliance for Wildlife Rehabilitation and Education and the Huntington Beach Wetlands Conservancy began taking steps to provide a permanent facility capable of responding to the wildlife injured in daily encounters with humans and future toxic spills.

In 1998, with the assistance of the California Department of Fish and Wildlife, Southern California Edison and others, WWCC opened its doors in Huntington Beach.

The WWCC is capable of rehabilitating over 1000 animals at a time and has evolved over the years into a sophisticated network of dedicated veterinarians, trained wildlife technicians and certified volunteers unique to Orange County.

The Costa Mesa Police Department’sAnimal Care Services Unit has had a working relationship with

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File #: 23-1352 Meeting Date: 9/5/2023
The Costa Mesa Police Department’sAnimal Care Services Unit has had a working relationship with WWCC for many years and utilizes its unique services to care for the estimated 400 wild animals it treats annually.

WWCC is a non-profit and registered 501(c)(3) organization and is thus financially supported by private and corporate sponsorships and donations. Historically, the City of Costa Mesa has not paid for these services or provided other support to WWCC. However, increasing costs to WWCC have required them to seek reimbursement from cities to supplement their funding. Upon learning that Costa Mesa was not financially contributing to the cost of providing these services, the City Council directed staff to explore ways to provide fiscal support to the organization.

ANALYSIS:

WWCC stands out as the leading facility in Orange County, offering comprehensive rehabilitation and release services for wildlife, including birds. While other notable care centers exist in Orange County, such as the Pacific Marine Mammal Center, Songbird Rescue, and Bird of Prey Center, they specialize in specific types of wildlife. In contrast, WWCC's distinction lies in its role as the sole center in the region that cares for all California indigenous wild animals. Additionally, the proximity of WWCC to the City of Costa Mesa is crucial for efficient access to the facility, and ensuring timely care for sick and injured wildlife.

Based on purchasing policy guidelines, Section 2-165 (b)(3) of Costa Mesa Municipal Code, the commodity or service can be obtained from only one vendor.

The City of Costa Mesa has a long-standing working relationship with WWCC. Approving the Professional Services Agreement will allow for an uninterrupted continuation of these vital services.

The proposed compensation under the Professional Services Agreement amounts up to $125 per animal, with an annual estimated amount of $57,000 based on the number of wildlife (451) received from within Costa Mesa's city limits in the previous year. A ten percent (10%) contingency annually will account for other unforeseen costs and the difference of actual number of wildlife received from the annual estimate.

ALTERNATIVES:

The City Council could choose not to approve the Professional Services Agreement with WWCC; however, this alternative is not recommended as contracting with WWCC would be in the City's best interest due to the level of comprehensive services they can provide to all wildlife, their existing working relationship with Costa Mesa Animal Services, ability to provide care for injured wildlife without a delay or gap in services and their geographic proximity, which ensures expedient care for injured wildlife.

FISCAL REVIEW:

The funding for this professional service can be absorbed within the Fiscal Year 2023-2024 General Fund Budget due to significant vacancy savings. The effective date for the PSA is July 1, 2023, to align with the City’s fiscal year.

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LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report and drafted the Professional Services Agreement 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 City Council:

1. Approve and authorize the City Manager to execute the Professional Services Agreement (PSA) with Wetlands Wildlife Care Center (WWCC) to provide full-service trauma care, shelter services, rehabilitation and release of rehabilitated wildlife for a two-year period, with up to three one-year extensions, for a not to exceed amount of $57,000 annually.

2. Authorize a ten percent (10%) contingency annually for other unforeseen costs.

3. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to the agreement.

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH

WETLANDS AND WILDLIFE CARE CENTER

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day of September 2023 (“Execution Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and Wetlands and Wildlife Care Center (“WWCC” or “Consultant”), a California non-profit public benefit corporation.

RECITALS

A. City proposes to utilize the services of Consultant as an independent contractor to accept a variety of sick, injured, and immature wild animals found within the city’s geographical limits, from residents, visitors, Animal Control Officers, and other designated Police Personnel from within the boundaries of the City of Costa Mesa, for rehabilitation and release, as more fully described herein; and

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and

D. City and Consultant agree that this Agreement shall be effective retroactive to July 1, 2023 (“Effective Date”), and shall at all times thereafter until June 30, 2025, be binding upon all parties hereto with the same force and effect as if this Amendment had been executed on that date.

E. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Gove rnment Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services . Consultant shall provide the profess ional services described in the Scope of Services, attached hereto as Exhibit “A,” and incorporated herein.

1.2. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and 168
Rev. 12-2022 2 of 21 [Wetlands and Wildlife Care Center] circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the wor k will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employ ment of persons because of their 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 or veteran status, except as permitted pursuant to section 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment . This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be ret urned to City upon the termination of this Agreement.

Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B,” (“Compensation”) attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed Fifty-Seven Thousand Dollars ($ 57,000.00) annually.

2.2. Additional Services . Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than every six (6) months as indicated in Exhibit B. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall descri be in detail the services performed and the date of performance. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where appl icable, on all invoices.

2.4. Records and Audits . Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . Unless otherwise agreed to in writing by t he parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days of the Effective Date of this Agreement.

Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 170
Rev. 12-2022 4 of 21 [Wetlands and Wildlife Care Center] performance resulting from acts beyond the reasonable control of the party or parties.

Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a part y (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on July 1, 2023, (“Effective Date”) and continue in full force and effect up to and including June 30, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by three additional one-year periods upon mutual written agreement of both parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending , or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the noti ce of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

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4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to conduct business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad for m property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business a utomobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

(c) Workers’ compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional errors and omissions ( “E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and 172
Rev. 12-2022 6 of 21 [Wetlands and Wildlife Care Center] business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “ The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees , and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(b) Notice: Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respec t to the limits of the insurer’s liability.

5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement . This Ag reement constitutes the entire a greement 173
Rev. 12-2022 7 of 21 [Wetlands and Wildlife Care Center] between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

Notice shall be sent to the following addresses:

IF TO CONSULTANT: IF TO CITY:

Wetlands and Wildlife Care Center
21900 Pacific Coast Highway
Huntington Beach, CA 92646
City of Costa Mesa
99 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 374-5587 Tel: (714) 754-5280
Attn: Debbie McGuire, Executive Director

Attn: Police Dept./Capt. Bryan Wadkins

Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept./ Purchasing

6.5. Drug-Free Workplace Policy . Consultant shall provide a drug- free 174
Rev. 12-2022 8 of 21 [Wetlands and Wildlife Care Center] workplace by complying with all provisions set forth in City’s Council Policy 100- 5, attached hereto as Exhibit “C” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100 -5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.6. Attorneys’ Fees . In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’ s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claim s, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement.

The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, compl aint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically nam ed or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduc t of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no 175
Rev. 12-2022 9 of 21 [Wetlands and Wildlife Care Center] power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.

Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursem ent or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employ er contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agr ee to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and r emain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall 176
Rev. 12-2022 10 of 21 [Wetlands and Wildlife Care Center] indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code s ection 6254.7, and of which Consultan t informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Politic al Reform Act (Government Code s ections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.18. Order of Pre cedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if 177
Rev. 12-2022 11 of 21 [Wetlands and Wildlife Care Center] there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.20. Binding Effect . This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.21. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to t his Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of 178
Rev. 12-2022 12 of 21 [Wetlands and Wildlife Care Center] competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an origi nal. All counterparts shall be construed together and shall constitute one agreement.

6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

[Signatures appear on following page.]
179
Rev. 12-2022 13 of 21 [Wetlands and Wildlife Care Center] IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

WETLANDS & WILDLIFE CARE CENTER

__________________________________ Date: ______________ Debbie McGuire, MBA, Executive Director

CITY OF COSTA MESA

__________________________________ Date: ______________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: ______________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: ______________ Ruth Wang
Risk Management

180
Rev. 12-2022 14 of 21 [Wetlands and Wildlife Care Center] APPROVED AS TO CONTENT:

__________________________________ Date: ______________ Bryan Wadkins, Captain
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: ______________ Ronald Lawrence
Chief of Police

APPROVED AS TO PURCHASING:

__________________________________ Date: ______________ Carol Molina
Finance Director

181

EXHIBIT A

SCOPE OF SERVICES

General Summary of Work
The Wetlands and Wildlife Care Center (WWCC) agrees to accept wildlife found within the city’s geographical limits, from residents, visitors, Animal Control Officers, and other designated Police Personnel from the City of Costa Mesa, 7 days a week, between the hours of 8am and 5pm. Costa Mesa Animal Control (CMAC) impounds a variety of sick, injured, and immature wild animals. These animals may require euthanasia or may be candidates for rehabilitation and subsequent release back into the wild. The CMAC or City staff will transport these animals to WWCC. For animals that need euthanasia and to avoid prolonged suffering, the CMAC may perform the euthanasia in lieu of transporting that animal to WWCC. The WWCC provides full-service trauma hospital care, shelter services, rehabilitation, and release of rehabilitated wildlife.

Wild Animal Services: The primary role of this Agreement is to cover all wild species for which the WWCC is willing to accept, as well as protocols and relationship with the CMAC and the police department. The WWCC may, at its discretion, not accept an animal based on the species, available space, available resources, or for other reasons.

Any decline to accept an animal will be outlined to the City in writing with specific reasons. All reasonable accommodations to accept animals will be made by the WWCC.

The WWCC is a licensed permittee with the USFWS, CDFW, and CVMB which may possess and rehabilitate wild animals indigenous to California (NO EXOTICS) pursuant to section 679, Title 14, California code of regulations with conditions listed in the Wildlife Rehabilitation Agreement.

Species not allowed are:

1. Black Bears, Elk, Antelope, Mountain Lions, Big Horn Sheep, Wild Pigs, and Deer Fawn.

2. Exotic and introduced species including:
a. Red Fox, European Starlings, European House Sparrow, Rock Doves, Peacocks, Turkeys, domestic ducks, Australian Black Swans, Domestic Geese, Chickens, etc.

3. We are unable to accept or house the following native species (however we can help locate a rehabilitator that will:
a. Skunks, adult Coyotes, Bats, American Crows, Common Ravens

Paperwork/Identification: The WWCC will provide CMAC or other CMPD Personnel all follow up cases of animal cruelty, neglect, other criminal matters, or to help map/track 182

wild animal populations with certain injuries, sickness, or disease in the City of Costa Mesa.

Wildlife brought in by residents or visitors of Costa Mesa (non-City employees) For tracking and auditing purposes, all wildlife found within the city’s geographical limits, and brought in directly to WWCC by residents or visitors of Costa Mesa (e.g., not involving the CMAC, police department or other City staff), require the WWCC to carefully determine the location of the found wildlife, to ensure of was indeed located within the City of Costa Mesa city limits. The police department will provide a detailed jurisdictional map outlining city limits, that the WWCC will use to pinpoint locations of wildlife found.

Press Releases: In cases where wildlife has been injured or fatally wounded due to suspected criminal activity of any kind, the WWCC will refrain from making statements to members of the press or public without first consulting with Police Personnel to prevent compromising any ongoing criminal investigations. Public release of information regarding animals brought to the WWCC from the City of Costa Mesa by a resident, the CMAC, or other City staff, is at the discretion of the City and its’ police department.

Educational Services: The WWCC may offer educational seminars and classes from time to time on various topics related to the care, habitat, conservation, behavior, handling, or other matters pertaining to native wild animals. The CMAC or other CMPD staff, at the discretion of their management, may attend these educational seminars and training. Time and date permitting, special training on-site within the City of Costa Mesa may also be made available to accommodate CMPD leadership personnel.

183

EXHIBIT B

COMPENSATION

The WWCC agrees to accept the specified compensation as payment for performing all services and materials called for in the treatment of wildlife. Annual reassessment of compensation will be required annually to evaluate the need for compensatory adjustments due to actual intake numbers, cost of services, and/or inflation. The annual reassessment will only occur once annually in the month of January, using the proceeding calendar year number of services and animal treatment. The WWCC agrees to collaborate with the City and its’ police department on changes to compensation reassessments and will come to mutual agreement before any changes in compensation are made.

Based on the number (451) of wildlife received from within the City of Costa Mesa’s city limits (specific geographical locations are identified and recorded) in the calendar year ending December 31, 2022, the total for calendar year 2023 is estimated to be $50,000.

Upon periodic review of WWCC intake records, if the actual number of wildlife differs from the estimate based on 2022 numbers, the amount owed for services rendered in 2023 will be adjusted up or down at a rate of $125.00 per animal.

Moving forward, payments may be submitted annually, semiannually, or quarterly to fit the payment plan that is best for the City of Mesa – as indicated below. Payment(s) will be billed starting in January of each calendar year to match the City of Costa Mesa’s requested billing structure.

Payment Instructions: The WWCC will provide an invoice on their letterhead for the services rendered as authorized by this Agreement. Any services needed which are not outlined in this Agreement require the City and/or police department to authorize and approve prior to any additional compensation for services not outlined in this Agreement.

Invoices will be sent to the City of Costa Mesa’s billing contact, as indicated below:

City of Costa Mesa
PO Box 1200
Costa Mesa, CA 92628-1200
Attn: Accounts Payable

The City of Costa Mesa selects the following payment schedule: (select one):

☐Annual Payments ☒Semi-annual Payments ☐Quarterly Payments

184

EXHIBIT C

CITY COUNCIL POLICY 100-5

[Continues on following page]

185

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug- Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City - wide D.A.R.E. program in all local schools and other activities in support of a drug- free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug- free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

186

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub- grantee’s policy of maintaining a drug- free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying t he City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

G. Making a good faith effort to maintain a drug- free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub- grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub- grantee have been convicted of violations of criminal drug s tatutes for violations occurring in the workplace as to indicate that the contractor and/or sub- grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub- grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub- grantee, the contractor and/or sub- grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years.

Upon issuance of any fi nal decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub- grantee shall be eligible for compensation as provided by law.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1313 Meeting Date: 9/5/2023
TITLE:

RECOMMENDATIONS FROM CITY COUNCIL COMMITTEE LIAISONS REGARDING CITY

COMMITTEES
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 that the City Council approve the recommendations of the City Council Committee Liaisons as follows:

1. Review and approve the City Council Liaisons recommendations on the Committees’Scopes of Work (Attachment 1).

2. Streamline all Committees to seven (7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee.

3. Consent to the formation of an Ad Hoc Committee (e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney.

4. Request staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.

5. Approve revised Council Policy 000.2, with City Council’srecommendations to be incorporated (Attachment 2).

BACKGROUND:

Costa Mesa’s Committees provide a valuable mechanism for residents who have specialized experience or interest to participate in the City's decision-making process by advising the City Council on numerous issues. The Committees offer an opportunity for people of all ages, interests, and backgrounds to interact creatively and assist in making community decisions that will improve the quality of life in Costa Mesa.

At the April 4, 2023 City Council meeting, after receiving public input, the City Council reviewed

189
File #: 23-1313 Meeting Date: 9/5/2023
At the April 4, 2023 City Council meeting, after receiving public input, the City Council reviewed potential changes to each Committee’s scope, membership, ad hoc committee formation criteria, alternates, etc. The Mayor then requested for each Committee Liaison to meet with their respective Committees and provide recommended changes. The detailed recommendations for each Committee are detailed in Attachment 1.

ANALYSIS:

The City Council Liaisons met with their respective Committees to review and discuss the Scope of Work, and various issues pertaining to the Committee. The Council Liaisons have put forth their recommendations for deliberation by the full City Council.

ALTERNATIVES:

City Council may choose to not make the recommended changes or make alternate changes.

FISCAL REVIEW:

There is no fiscal impact associated with this item.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and has approved it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends that the City Council approve the recommendations of the City Council Committee Liaisons as follows:

1. Review and approve the City Council Liaisons recommendations on the Committees Scope of Work.

2. Streamline Committees to seven (7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee.

3. Consent to the formation of an Ad Hoc Committee (e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney.

4. Request staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.

5. Approve revised Council Policy 000.2, with City Council’s recommendations to be incorporated.

190
Attachment 1
Finance and Pension Advisory Committee (FiPAC)
Committee consists of nine (9) regular member positions each serving two -year terms.

The Committee meets monthly and:
a. Provides advice to the City Council regarding events and issues which may affect the financial status of the City, including proposed state or federal legislation. b. Reviews short term and long range financial planning, including retirement benefits and/or actuariales and strategies on reducing unfunded liabilities. c. Reviews the City's financial documents and statements. d. Makes recommendations to the City Council regarding amendments to financial policies and processes.
e. Annually reviews the City's investment policy and recommends any changes, if any; and reviews the investment portfolio to ensure compliance with the approved investment policy.

Mayor Stephens recommendations:
 Advise the City Council in advance of significant votes related to annual financial matters as well as other financial matters that arise from time to time. For instance, the FiPAC shall advise the City Council annually on the adoption of the City’s budget (both the operating budget and the Capital Improvement Program), the allocation of any budget surpluses, the City’s investment performance and policies, multi-year forecasts presen ted by City staff to the City Council, and adjustments under consideration at the time of the mid -year budget report. At the request of City staff or the City Council, FiPAC shall advise the City Council prior to a vote on material financial decisions, inc luding, for example, review of fees to be charged by the City, incentive programs and development agreements. The FiPAC’s meetings will coincide with the City Council meetings for which the FiPAC will be advising the City Council and will be scheduled suff iciently in advance of the City Council meeting for the FiPAC to provide thoughtful and meaningful advice in writing.
 No subcommittee of the FiPAC will be formed without the approval of the City Council liaison and the City Attorney. Subcommittees, if any, shall be focused on a discrete issue and shall be of limited duration and shall be comprised of fewer than a majority of the FiPAC’s members.
 The FiPAC shall have Seven (7) members and no alternates. Each councilmember shall have the opportunity to ei ther nominate a member of the FiPAC or to defer his or her nomination to the Council liaison. The Council shall vote on the composition of the FiPAC.

Council Member Harper recommendations: (highlighted are changes)  The scope and purpose of the FiPAC shall be to advise the City Council in advance of significant votes related to annual significant financial matters as well as other financial matters that arise from time to time. For instance, the FiPAC shall advise the City Council annually on the adop tion of the City’s budget (both the operating budget and the Capital Improvement Program), the allocation of any budget surpluses, the City’s investment performance and policies, multi -year forecasts 191
Attachment 1
presented by City staff to the City Council, and adjustm ents under consideration at the time of the mid -year budget report. At the request of City staff or the City Council, FiPAC shall advise the City Council prior to a vote on material financial decisions, including, for example, review of fees to be charged by the City, incentive programs and development agreements. This will require that City staff inform Council members of upcoming agenda item well in advance of the Council meeting. FiPAC will then provide a memorandum in advance of the Council meeting as to their recommendation on the issue. FiPAC must agree in majority on the opinion of the recommendation. The FiPAC’s meetings will coincide with the City Council meetings for which the FiPAC will be advising the City Council and will be scheduled sufficie ntly in advance of the City Council meeting for the FiPAC to provide thoughtful and meaningful advice in writing.  No subcommittee of the FiPAC will be formed without the approval of the City Council liaison and the City Attorney. Subcommittees, if any, shall be focused on a discrete issue and shall be of limited duration and shall be comprised of fewer than a majority of the FiPAC’s members.
 The FiPAC shall have Seven (7) members and no alternates. Each councilmember shall have the opportunity to either nominate a member of the FiPAC or to defer his or her nomination to the Council liaison. The Council shall vote on the composition of the FiPAC.

192
Attachment 1
Animal Services Committee
This Committee consists of seven (7) regular members and two (2) alternate positions , each serving two-year terms. The Committee meets every other month and:
a. Provides the City with recommendations to improve animal services throu ghout the City, including pet licensing, animal shelter and adoption services, and responsible pet ownership.
b. Support animal related community events, such as pet adoptions, vaccination clinics, micro-chipping, etc.
c. Serves as a liaison to the Police Department and California Department of Fish & Wildlife to sponsor coyote public education and related wildlife programs. d. Provides advice regarding the release of live animals within City Limits.

Mayor Stephens recommends:
 The objectives of the Animal Services Committee (the “ASC”) are to provide advice and recommendations to the City Council on animal services issues and to promote pet licensing, assist with planning and execution of animal-related events (e.g., Barktober). The purpose of the Animal Services Committee is to maintain, educate, enrich, and promote animal services programs and resources throughout the City, and to monitor the animal care and control function of the City (e.g., live release rates, adoption, veterinary care, fostering, pet licensin g) and advise the City Council of any issues that should be addressed.

The Committee shall:
 Make recommendations to the City Council to improve animal services throughout the City, including pet licensing, animal shelter and adoption services, and responsible pet ownership.
 Support animal related community events, such as pet adoptions, vaccination clinics, micro-chipping, etc.
 Advise the City Council in advance of significant votes related to the animal care and control functions of the City.
 The ASC shall meet monthly except for August and December. Meetings shall be on the fourth Wednesday of the month at 4 p.m. Meeting times and dates are subject to change. If the ASC is being asked to provide advice and recommendations to the City Council, its meeting regarding that issue shall be scheduled sufficiently in advance of the City Council meeting for the ASC to provide thoughtful and meaningful advice in writing.
 No subcommittee without the approval of the City Council liaison and the City Attorney. Subcommittees, if any, shall be focused on a discrete issue and shall be of limited duration and shall be comprised of fewer than a majority of the A SC’s members.
 Seven (7) members and no alternates. Each councilmember shall have the opportunity to either nominate a member of the ASC or to defer his or her nomination to the Council liaison. The Council shall vote on the composition of the ASC.

193
Attachment 1
Active Transportation Committee
This Committee consists of eleven (11) regular member positions , two (2) alternate positions, and two (2) Ex Officio members – Chamber of Commerce and NMUSD Representatives, each serving two-year terms. The Committee meets monthly and:
a. Focuses on the review and update of the City's Master Plan of Bikeways and improvements to be made to bikeways in the City.
b. Evaluates the bikeability and walkabil ity of the City in order to make recommendations for improvement to the City Council.

Council Member Reynolds recommends:
 Nine members, one appointment by each Council Member, and two at -large members (the at -large members to ensure broad representation of different mobility options and experiences (e.g. walk, bike, bus, and age ability).  No alternates.
 One Ex Officio - NMUSD

Council Member Chavez recommends:
 Create policy that requires active transportation components into the City’s law; integrate improvements to walkability and bikeability when doing street repairs and slurry seal projects; and finalize the pedestrian master plan.  Eliminate all Ad Hoc Committees.
 Seven members, one appointment by each Council Member.  No alternates.

194
Attachment 1
Fairview Park Steering Committee
This Committee consists of seven (7) regular member positions, two (2) alternate member positions, and one (1) Ex Officio member – OCME Representative, each serving four - year terms. The Committee meets every other month and:
a. Provides advice to the City Council regarding the implementation of the Fairview Park Master Plan.
b. Provides recommendations to the City Council on proposed capital improvement projects and compliance with Measure AA.
c. Presents an annual report to the City Council describing the accomplishments and objectives of the Committee.
d. Facilitates partnerships, volunteer activities, and educational opportunities to promote local stewardship and engagement with Fairview Park and its environmental resources.
e. Provides advice on the interpretive, guide, and regulatory sign program for the park, including cultural and biological resource information and the park’s history.

Council Member Chavez recommends:
 Prioritize finalizing the Fairview Park Master Plan and find park enhancement opportunities that are compliant with Measure AA.
 Seven members, each Council Member selecting one appointment.  No alternates.
 Meeting once a month, meetings must pertain to the Master Plan update.

195
Attachment 1
Mobile Home Park Advisory Committee
This Committee consists of nine (9) members each serving two-year terms: Three mobile home park owners (or their representative); four mobile home park resident owners; and two independent citizens at -large with no affiliation or relationship with mobile home parks. The Committee meets quarterly and h elps to improve the quality of life in mobile home parks and to review matters concernin g mobile home parks in the City through healthy communication with park owners, manufactured home owners, and the City Council.

Council Member Chavez recommendations:
 Committee identify areas for improvement and suggest ordinances to address the issues.
 No changes to membership.
 Meet once every two months.

196
Attachment 1
Housing and Public Service Grants Committee
This Committee consists of nine (9) regular member positions and one (1) alternate positions each serving two -year terms. The committee typically meets twice a year in March and September. The Committee helps to promote community understanding of the activities funded by the U.S. Housing and Urban Development Department (HUD), and Community Development Block Grants (CDBG) with a focus on social service grants.

Additionally, the committee rates and ranks applications for CDBG public service grants, ultimately developing funding recommendations for City Council.

Council Member Chavez recommendations:
 No changes to the Scope of Work
 Seven (7) Members, each Council Member making one appointment. No alternates.

197
Attachment 1
Historical Preservation Committee
This Committee consists of nine (9) regular member positions and two (2) alternate member positions each serving two -year terms. The committee meets monthly and serves to maintain, preserve, educate and promote the city’s historical resources.

Council Member Chavez recommends
 Explore merging with the Costa Mesa Historical Society (Society) and dissolving the Historical Preservation Committee.

198
Attachment 1
Traffic Impact Fee Ad Hoc Committee
This Committee consists of five (5) appointed positions each serving four-year terms; one representing the Chamber of Commerce, one representing major developers’, one representing small developers and two at -large positions. The Committee meets on an as-needed basis. The purpose of the committee is to fund the necessary transportation/circulation improvements, which are related directly to the incremental traffic impacts imposed on the City’s transportation system by the development of new and/or changing commercial, industrial, and residential uses as permitted by the General Plan. The committee also assists staff on all aspects related to the updating and revision of traffic impact fees.

No changes were suggested by the Council Liaisons.

199
Attachment 2
200
201
202

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1335 Meeting Date: 9/5/2023
TITLE:

AUTHORIZATION OF AN ADDITIONAL PARK RANGER FOR HARPER PARK SCHOOL FIELD

ACCESS AND UPDATE REGARDING ENHANCED SECURITY AT FOUR NEWPORT MESA

UNIFIED SCHOOL DISTRICT FIELDS ON THE WESTSIDE
DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: ALMA REYES, DEPUTY CITY MANAGER
CONTACT INFORMATION: ALMA REYES, DEPUTY CITY MANAGER, (714) 754-5090 RECOMMENDATION:

Staff recommends the City Council:

1. Authorize an increase to the City’sTable of Organization by one full-time Park Ranger position in the Police Department and increase the Fiscal Year 2023-24 Adopted Budget accordingly.

2. Receive and file an update on upcoming amendments to the existing Lyons Security Services agreement to increase access to open space at up to four elementary school sites on the Westside (Rea, Wilson, Whittier, and potentially Pomona) for open space during off-school hours, as previously approved by the City Council.

BACKGROUND:

Developing strategies to increase park access, especially for those living in areas lacking open space has been a primary objective of the City Council and staff. In efforts to address the need for open space for recreational purposes, staff has been meeting with Newport Mesa Unified School District (NMUSD) staff to discuss public access to school fields, playgrounds, and basketball courts at specific school sites when fields are not utilized by permitted user groups.

Currently, the Parks and Community Services Department staff coordinates and manages all sports user groups and field allocation for all City of Costa Mesa and NMUSD fields as per the Joint Use Agreement (JUA). During the City’suse of the school site fields, the fields are only opened when a reservation by a permitted user group has been made. When fields are not reserved, or field use is canceled by a permitted user group, the fields remain closed.

Both City and NMUSD staff have discussed the opening of school sites including Rea, Wilson, and Whittier Elementary (and potentially Pomona if needed), and Harper Park for open space and recreational use when not permitted to user groups. Opening these school sites would provide recreational opportunities, especially for the youth and adults living on the Westside and Eastside of Costa Mesa where open space is scarce.

In efforts to meet the current demand for open space, staff is recommending the enhanced use of

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File #: 23-1335 Meeting Date: 9/5/2023
In efforts to meet the current demand for open space, staff is recommending the enhanced use of school fields off-hours. To facilitate the use of open space while also ensuring public safety staff is requesting one additional Park Ranger position to monitor the school field adjacent to Harper Park during school hours. This additional Park Ranger position will monitor the school field during school hours to ensure students are safe and are able to recreate on fields that are clean and free of pet feces or dogs off-leash.

For school sites on the Westside, the City Council has already provided the City Manager authority to amend the City’sprivate security contract to ensure the safety of residents and the security of school facilities. This update is for transparency purposes only.

ANALYSIS:

The opening of school sites for open space and recreational public use will require additional resources to ensure the safety and security of school sites for the enjoyment of the community which is in alignment with the City Council Strategic Plan goals to Strengthen the Public’s Safety and Improve the Quality of Life.

Staff is requesting the addition of one full-time Park Ranger position that will help enhance patrol and monitoring of parks and school sites open to the public for recreational opportunities, in particular, the school field adjacent to Harper Park, which was recently fenced due to safety and cleanliness concerns expressed to the District by students, parents, and teachers. It is anticipated that the addition of a Park Ranger position at the school field adjacent to Harper Park as a pilot project for the next six months will help ensure public safety and cleanliness in a manner that would allow the District to remove the existing fence and assure students, parents, and teachers that current challenges with responsible pet ownership are being addressed. After the initial six-month period, the Park Ranger position can function in a roving capacity along with the City’sother Park Rangers to monitor all City parks and fields.

Additionally, security guard services are necessary to provide safety and security at other school sites. Currently, NMUSD provides security services at Rea Elementary, as it is an active campus with various after-school programs onsite Monday through Friday. However, the City would need to provide security guard services on the weekends at Rea Elementary. Further, security guard services at Wilson and Whittier Elementary Schools would be needed during weekdays and weekends, and potentially at Pomona as well. Security services would be on a roving basis and could be further enhanced in the future if needed and can be absorbed within the existing adopted budget through salary savings in the Parks and Community Services Budget.

Currently, the City contracts with Lyons Security Services to provide unarmed security guard services at the Costa Mesa Senior Center and Lions Park Campus. Staff recommends that the City Council receive and file staff’sintent to negotiate an amendment to the existing contract for unarmed security guard services at the additional school sites. Staff is currently negotiating the final details of such an amendment and it is anticipated the cost would fall below the City Manager’s authorization of $100,000.

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File #: 23-1335 Meeting Date: 9/5/2023
ALTERNATIVES:

City Council may choose to reject the addition of a full-time Park Ranger position; however, this option is not recommended as providing access to safe and enjoyable open spaces for recreational opportunities to City residents would enhance the Council’sstrategic plan goals to Strengthen the Public’s Safety and Improve Quality of Life.

FISCAL REVIEW:

The FY 2023-24 Parks and Community Services Department General Fund adopted budget includes the unarmed security services contract with Lyons Security Services for $300,000, with a $30,000 contingency. City staff will initiate negotiations with Lyons Security Services to add four school sites in the Westside during off school hours so those sites can be utilized as open space areas for public use.

Additionally, City staff is requesting City Council approval to add one full-time Park Ranger position for the fully burdened cost of $126,170. The FY 2023-24 Parks and Community Services Department adopted General Fund budget of $8.6 million can absorb this additional expense, as the impact will be prorated based on the hire date.

LEGAL REVIEW:

The City’s Attorney’s Office has reviewed this report and approved as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve Quality of Life CONCLUSION:

Staff recommends the City Council:

1. Authorize an increase to the City’sTable of Organization by one full-time Park Ranger position in the Police Department and increase the Fiscal Year 2023-24 Adopted Budget accordingly.

2. Receive and file an update on upcoming amendments to the existing Lyons Security Services agreement to increase access to open space at up to four elementary school sites on the Westside (Rea, Wilson, Whittier, and potentially Pomona) for open space during off-school hours, as previously approved by the City Council.

205

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1353 Meeting Date: 9/5/2023
TITLE:

COMPENSATION PLAN AND SALARY SCHEDULE REVISIONS FOR THE PARKS AND

COMMUNITY SERVICES DIRECTOR CLASSIFICATION
DEPARTMENT: CITY MANAGER’S OFFICE - HUMAN RESOURCES DIVISION PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER, (714) 754- 5169
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution Number 2023-XX updating the pay range for the Parks and Community Services Director.

BACKGROUND:

The Human Resources Division makes recommendations to the City Manager regarding positions that may require compensation adjustments based on input from City departments and labor associations along with recruitment and retention trends. Hard-to-fill positions include positions that are currently vacant, positions that are not currently vacant but are traditionally hard to fill, and positions which are currently filled but are expected to be difficult to fill in the future or retain for long term due to their relative position in the marketplace as being well under market compensation.

Further, certain positions would adversely impact City operations if the position were to become vacant, and would be difficult to fill at current salaries. Some adjustments are also recommended to maintain internal alignment or to address compaction issues with supervisory classifications.

The Parks and Community Services Director position is currently vacant and the Human Resources Division is preparing to open this recruitment. To ensure the most qualified and competitive candidates apply for the position, an adjustment to the compensation for this position is recommended. This position is the last executive position to have a market review and adjustment in the last several years.

ANALYSIS:

The market analysis includes an evaluation of the average total compensation of comparable classifications in the five cities that border the City of Costa Mesa. These cities include the cities of Fountain Valley, Huntington Beach, Irvine, Santa Ana and Newport Beach. The total compensation for each classification includes: the classifications’base salary, PERS retirement benefit formulas, employee retirement contributions, and City contribution(s) to medical and dental plans or cafeteria

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File #: 23-1353 Meeting Date: 9/5/2023
employee retirement contributions, and City contribution(s) to medical and dental plans or cafeteria plans. This framework is similar to the framework that has been used for market compensation studies in the past.

The Parks and Community Services Director salary range is currently 14% below market. The Parks and Community Services Director salary range is recommended for an adjustment to bring it closer to the current market and to address internal alignment among the executive and management staff.

Adjusting the salary range for the Parks and Community Services Director will allow the City to attract a higher qualified applicant pool for the current vacancy.

ALTERNATIVES:

Do not approve the recommendation action(s) and direct staff accordingly.

FISCAL REVIEW:

Staff recommends adjusting the salary range for the Parks and Community Services Director classification. The annual estimated impact of $15,316 is fully burdened and will be absorbed within the Department’s budget in the first year through salary savings.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the attached resolution and approved it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Recruit and Retain High Quality Staff
CONCLUSION:

Staff recommends the City Council:

1. Adopt Resolution Number 2023-XX revising the pay range for the Parks and Community Services Director.

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, REVISING THE EXECUTIVE COMPENSATION PLAN AND EXECUTIVE SALARY SCHEDULE.

THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, on March 21, 2023, the City Cou ncil adopted Resolution No. 2023 - 28, establishing new job classifications and revising the pay ranges for job classifications in the Executive Salary Schedule; and
WHEREAS, the City Council desires to amend Resolution No. 2023 -28 to revise the pay range for the Parks and Community Services Director; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The Costa Mesa City Council previously established the Executive Compensation Plan to: 1) promote maximum commitment by City executives to objectives and standards of the City Council and City Manager; 2) establish a system in which compensation serves as an effective de vice for promoting better job performance; 3) foster the identification of an executive employee group and recognize the distinct character of executive jobs; and, 4) improve the City’s ability to attract and retain outstanding executives.

SECTION 2. The following pay range and monthly rates of pay for the identified job classification are hereby established and placed under the Executive Salary Schedule, are hereby revised to reflect the salary range and monthly rates of pay specified, effective the pay period that includes September 10, 2023. The rate of pay for individual executives may be anywhere within the monthly minimum and maximum salary steps.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0306 Parks & Community Services 735 $13,058 $13,711 $14,397 $15,117 $15,873 $16,667 $17,500 Monthly Director $156,696 $164,532 $172,764 $181,404 $190,476 $200,004 $210,000 Annual $75.33 $79.10 $83.06 $87.21 $91.58 $96.16 $100.96 Hourly

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SECTION 3. Except as modified by this Resolution, Resolution No. 2023-28 shall remain in full force and effect.

PASSED AND ADOPTED this 5th day of September, 2023.

______________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

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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. 202 3-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 5th day of September, 2023, 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 6th day of September, 2023.

______________________________
Brenda Green, City Clerk

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1328 Meeting Date: 9/5/2023
TITLE:

REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR AND POTENTIAL DEVELOPMENT OF AMENDMENTS TO THE CITY’S CANNABIS ORDINANCES 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) 754-5270
RECOMMENDATION:

Staff recommends the City Council provide direction regarding researching and exploring with the Planning Commission options and amendments to the City’s cannabis regulations to address concerns regarding potential unanticipated business displacement and overconcentration of retail cannabis businesses.

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1328 Meeting Date: 9/05/2023
TITLE:

REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RE SEARCH FOR AND POTENTIAL DEVELOPMENT OF AMENDMENTS TO THE CITY’S CANNABIS ORDINANCES DEPARTMENT: ECONOMIC AND DEVELOPMENT S ERVICES DEPARTMENT/P LANNING

DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES CONTACT INFORMATION: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEV ELOPMENT SERVICES, (714) 754-5270
RECOMMENDATION:

Staff recommends the City Council pr ovide direction regarding r esearching and exploring with the Planning Commission options and amendments to the City’s cannabis regulations to address concerns regarding potential unanticipated business displacement and overconcentration of r etail cannabis busines ses.

BACKGROUND:

On November 3, 2020, Costa Mesa voters approved Measure Q, the Costa Mesa Retail Cannabis Tax and Regulation Measure. This m easure allowed the City to adopt regulations permitting cannabis storefront retail (dispens aries) and non-s torefront retail (delivery) within the City subject to certain requirements. On June 15, 2021, the City Council adopted Ordinances No. 21-0 8 and No. 21-0 9 to amend Titles 9 and 13 of the CMMC to establish regulations for legal cannabis storefront and non- storefront (delivery) businesses. The Ordinances are linked below:
• Ordinance No. 2021-08 (Title 9, Business Licenses);
• Ordinance No. 2021-09 (Title 13, Zoning).

The Ordinances establish minimum standards and permitting requirements for cannabis r
etail businesses. Applicants must obtain the following City approvals and State approval befor e conducting business in Costa Mesa:
• P
re-Application Determination;
• Cannabis Business Permit (CBP) Notice to Proceed;
• Conditional Use Permit (CUP);
• Building Permit(s);
• Final City Inspections;
• CBP Issuance; and
• City Business License.
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Item #: 23-1328 Meeting Date: 9/05/2023

Once issued, a Cannabis Business Permit must be renewed ever y two-y ears. During the two- year period, City staff conducts site inspections to verify that the bus iness is operating in compliance with requir ements. Cannabis retail businesses are also subject to a City -established seven-percent gross receipts tax. Records and revenues are r equired to be audited annually.

Separation requirements from sensitive uses were also established. No cannabis retail stor efront use can be located within 1,000 feet from a K-1 2 s chool, playground, lic ensed child daycare, or homeless shelter, or within 600 feet from a youth center as defined in the M unicipal Code.

Since adoption, the City has approved 21 Conditional Use P ermits for cannabis retail s torefronts, three Conditional Use Permits for standalone cannabis deliver y businesses, and eight Minor Conditional Use Permits to add delivery to an existing cannabis manufacturing or distribution facility located in the City’s Measure X “green zone”. Seven cannabis storefronts, one standalone delivery business, and six delivery businesses that are part of an existing manufacturing or distribution cannabis business in the “green zone” are currently operating.

At the July 18, 2023 City Council meeting, Councilmember Marr reques ted that an item be agendized for the next City Council m eeting to discuss the possibility of exploring amendments to the City’s ordinances to address conc erns regarding potential business displacement and overconcentration. An item was agendized for the August 1, 2023 City Council meeting and was continued to the regular meeting of September 5, 2023 without discussion.

ANALYSIS:

In accordance with City Council Policy 300-6 , proposals that are likely to involv e a substantial commitment of staff time and r esearch must be brought forward to the City Council for authorization. If the majority of the Council supports this request, staff would work with the City’s Planning Commission to explore the extent to whic h business displacement and overconcentration of cannabis retail businesses is occurring. Depending on those exploratory findings, staff would wor k with the Planning Commission to develop options, recommendations and/or an or dinance amendment to a ddress those topics.

The Planning Commission would make a recommendation to the City Council. The City Council is the final decision-making body.

ALTERNATIVES:

The City Council can decide not to direct staff to explore possible options, recommendations and/or amendments to the City’s cannabis regulations.

FISCAL REVIEW:

There is no fiscal impac t associated with conducting the analysis, though staff time will be spent on exploring and identifying options and recommendations for consideration. 213
Item #: 23-1328 Meeting Date: 9/05/2023

LEGAL REVIEW:

The City Attorney’s Office has reviewed and approved this report as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends the City Council provide direction regarding r esearching and exploring with the Planning Commission options and amendments to the City’s c annabis regulations to address concerns regarding potential unanticipated busines s displacement and overconcentration of r etail cannabis busines ses.
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