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, December 5, 2023
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system outages or experiencing other critical issues, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE 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.
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
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• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
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.
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 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. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - SIX CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: DBO Investments CM, LLC, a California Liability Company v. City of Costa Mesa
Orange County Superior Court Case No. 30-2023-01360125-CU-CR-NJC.
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager and Alma Reyes, Deputy City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
DECEMBER 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
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. Recognition of the Newport Mesa Pop Warner Patriots 12U
2. Recognition of South Coast Repertory's 60 Seasons
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.
Comments are limited to 3 minutes, or as otherwise directed.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member 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.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
23-1467
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 23-1469
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Jose Israel Gonzalez De La Cruz, Se7enLeaf LLC.
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
3. ADOPTION OF WARRANT RESOLUTION 23-1470
RECOMMENDATION:
City Council approve Warrant Resolution No. 2709.
1. Summary Check Register 11-02-2023
2. Summary Check Register 11-08-2023
3. Summary Check Register 11-16-2023
4. Summary Check Register 11-21-2023
Attachments:
4. MINUTES 23-1468
RECOMMENDATION:
City Council approve the minutes of the regular meeting of November 7, 2023.
1. 11-07-2023 Draft MinutesAttachments:
5. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF JANUARY 2, 2024
23-1459
RECOMMENDATION:
Staff recommends the City Council cancel the regular meeting of Tuesday, January 2, 2024.
6. APPROVAL FOR THE PURCHASE AND REPLACEMENT OF
SECURITY VIDEO CAMERAS FOR THE POLICE DEPARTMENT
23-1455
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the use of OMNIA Partners Cooperative Agreement No. R220804 with SHI International Corp. for the purchase of Verkada Camera System in the amount of $259,114.24.
2. Authorize a 5% contingency of $12,955.71 for unforeseen costs.
3. Authorize the City Manager or designee to execute the necessary documents to purchase Verkada Camera System.
1. SHI QuoteAttachments:
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
7. AMENDMENTS TO THE INTEGRATED LAW & JUSTICE AGENCY
FOR ORANGE COUNTY (ILJAOC) JOINT POWERS AGREEMENT
23-1456
RECOMMENDATION:
Staff recommends the City Council review and approve the proposed amendments to the Joint Powers Agreement for further review and approval by the Member Agencies.
1. JPAAttachments:
8. ACCEPTANCE OF THE 2022, 2023 AND 2024 EMERGENCY
MANAGEMENT PERFORMANCE GRANT
23-1457
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Agreement to Transfer Funds for the 2022 Emergency Management Performance Grant Program (EMPG) (the “Agreement”) and authorize the City Manager to execute the agreement.
2. Adopt Resolution No. 2023-XX which authorizes the application for and acceptance of funds under the EMPG Program for Years 2022, 2023, and 2024 and authorizes the City Manager, or designee, to take all action necessary to obtain the funding.
3. Approve revenue and expense appropriations in the amount of $16,366 respectively, for the 2022 EMPG Program.
1. 2022 Transfer Agreement Form
2. Resolution
Attachments:
9. MEASURE M2 EXPENDITURE REPORT 23-1461
RECOMMENDATION:
Staff recommends the City Council adopt the proposed Resolution No. 2023-xx, (Attachment 1) approving the Measure M2 Expenditure Report and authorizing staff to submit the report to the Orange County Transportation Authority (OCTA.)
1. Proposed Resolution 2023-XX
2. M2 Expenditure Report
Attachments:
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
10. AWARD OF THE CONNECTOR PIPE SCREEN INSTALLATION
PROJECT, PHASE IV, CITY PROJECT NO. 23-08 AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM CEQA
23-1462
RECOMMENDATION:
Staff recommends the City Council:
1. Find the project categorically exempt from CEQA and adopt plans, specifications, and working details for the Connector Pipe Screen Installation Project, Phase IV, City Project No. 23-08.
2. Authorize the City Manager and City Clerk to execute a Public Works Agreement (PWA) in the amount of $283,500, and future contract amendments within City Council authorized limits to United Storm Water, Inc., 1400 E. Valley Boulevard, Industry, California 91746.
3. Authorize a ten percent (10%) contingency in the amount of $28,350 for unforeseen construction and miscellaneous costs related to the project.
4. Authorize a budget appropriation from available fund balances from drainage fund in the amount of $55,967.
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 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 AbstractAttachments:
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
11. OPEN SPACE EASEMENT DEED AND AGREEMENT ( “RAIL TRAIL”)
WITH THE PRESS OWNER, LLC
23-1391
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Open Space Easement Deed and Easement Agreement (“Rail Trail”) between the City of Costa Mesa (City) and The Press Owner, LLC (Press LLC).
2. Authorize the City Manager or designee to execute the Open Space Easement Deed and Easement Agreement and any future authorized amendments to this agreement.
1. Trail Easement Agreement
2. Easement and Deed Agreement
Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. PUBLIC HEARING REGARDING THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023
AND THE TRAFFIC IMPACT FEE ANALYSIS
23-1460
RECOMMENDATION:
Staff recommends the City Council:
1. Receive and file the Development Impact Fees Annual Report (Attachment 1) for the Fiscal Year ended June 30, 2023.
2. Adopt resolution (Attachment 2) continuing the citywide traffic impact fee for new development that incorporates recommendations from the Traffic Impact Fee Ad Hoc Committee and staff, which include:
· Continue a traffic impact fee of $235 per Average Daily Trip (ADT) based on the Capital Improvement Projects in Attachment 4 and Active Transportation projects in the adopted Active Transportation Plan (ATP).
· Approve allocation of up to ten percent (10%) of traffic impact fees towards traffic signal synchronization projects.
· Approve a five percent (5%) reduction in automobile trips as a result of ATP implementation and an additional five percent (5%) reduction in automobile trips for developments proposing to implement active transportation improvements beyond typical development
requirements.
· Approve the annual accounting of the Citywide Traffic Impact Fee Program (Attachment 6).
1. 2022-23 DIF Report (Consolidated)
2. Traffic Impact Fee Resolution
3. Citywide Traffic Impact Fee Report
4. Revised TIF Calculation 2023
5. Chronology of City Council Actions
6. Resolution Exhibit A (TIF update for FY22-23 Accounting) Attachments:
REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda December 5, 2023
2. FIRST READING OF AN ORDINANCE TO AMEND TITLE 13
(PLANNING, ZONING, AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE TO MODIFY THE CITY ’S OUTDOOR DINING
PROVISIONS (CODE AMENDMENT PCTY-23-0002)
23-1463
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) (“General Rule”); and
2. Introduce for first reading, by title only, Ordinance No. 2023-XX amending Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to modify the City’s outdoor dining provisions.
Agenda Report
1. Draft Ordinance
2. Exhibit A to the Ordinance clean version
3. Exhibit A to the Ordinance track changes
4. Planning Commission Resolution
5. Planning Commission approved minutes
6. Planning Commission Public Comments
Attachments:
OLD BUSINESS: NONE.
NEW BUSINESS: NONE.
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT