REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY SEPTEMBER 1, 2026 - MINUTES
CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.
ROLL CALL
Present: Council Member Buley, Council Member Gameros (arrived 4:08 p.m.), Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: None.
PUBLIC COMMENTS - NONE.
City Attorney Hall Barlow noted that closed session item no. 10 regarding James Alexander v. the City of Costa Mesa was withdrawn from the agenda and would not be discussed in closed session.
CLOSED SESSION ITEMS:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Cecilia Gallardo-Daly, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA)
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Cecilia Gallardo-Daly, City Manager Name of Employee Organization: Costa Mesa Confidential Unit
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Cecilia Gallardo-Daly, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA)
4. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.8, (a) Agency Designated Representative: Cecilia Gallardo-Daly, City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA)
Minutes - Regular Meeting September 1, 2026 Page I of 12
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1 ) Name of Case: City of Costa Mesa v. Ohio House LLC
Orange County Superior Court, Case No. 30-2020-01146835-CU-OR-CJC
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(l) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals, Orange County Superior Court Case No. 30-2018-010061 73-CU-OR-NJC
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(l) Name of Case: Ohio House, LLC v. City of Costa Mesa, United States District Court, Central District of CA, Case No. 8:19 cv 01710 DOC (KESx)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(l) Name of Case: Disability Rights California, a California non-profit corporation v. City of Costa Mesa, Cecilia Gallardo-Daly, City Manager, and Costa Mesa City Council Orange County Superior Court, Case No. 30-2026-01581983-CU-WM-CJC
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1 ) Name of Case: People of the State of California, ex rel, Rob Bonta, California Department of Housing and Community Development v. City of Costa Mesa Orange County Superior Court, Case No. 30-2026-01583941-CU-WM-CJC
10. CONFERENCE WITH LEG/(L COUNSEL EXISTING LITIG/\TION Pursuant to California Government Code Section 5/1956.9 (d)(l) Name of Case: James /\lcxandar v. City of Cocta Mcsa
Orange County Superior Court, Case No. 30 2024 01441534 CU PO CJC
11. CONFERENCEWITHLEGALCOUNSEL-EXISTINGLITIGATION
Pursuant to California Government Code Section 54956.9 (d)(l) Name of Case: RDK Group Holdings, LLC v. City of Costa Mesa, Orange County Superior Court Case No. 30 2025 0149581 CU WM WJC
12. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 139-032-11 ; Property: 3303 Hyland Avenue, Costa Mesa, CA 92626 Agency Negotiator: Cecilia Gallardo-Daly, City Manager
Negotiating Parties: Lisa Kolieb, Partner with Akerman LLP Under Negotiation: Price and Terms of Payment
City Council recessed at 4:02 p.m. for Closed Session.
Closed Session adjourned at 5:50 p.m. and there was no reportable action taken.
Minutes - Regular Meeting September 1, 2026 Page 2 of 12 CALL TO ORDER - The Regular City Council 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 the Mayor Pro Tem led the Pledge of Allegiance.
MOMENT OF SOLEMN EXPRESSION - Led by Pastor Phil Eyskens from Lighthouse Church.
ROLL CALL
Present: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: None.
CITY ATTORNEY CLOSED SESSION REPORT - No reportable action was taken.
PRESENT ATIONS:
The City Council recognized the Newport-Mesa Girls Softball I 2U Silver All-Star Team The City Council provided a Proclamation to Malia Cary, Government Affairs Director from Second Harvest Food Bank in recognition of Hunger Action Month 2026.
PUBLIC COMMENTS - MATTERS NOT LISTED ON THE AGENDA
Speakers in the Council Chambers:
Speaker, spoke in opposition to the Flock camera contract.
Jay Humphrey, spoke regarding the Harbor Soaring Society's continued flying at Fairview Park, requested that the City Council take action to relocate the group, and expressed concerns about the environmental damage.
Speaker, spoke in opposition to the Flock camera contract.
Shawn Wehan, founder of Songs in the Canyon, advocated for the arts, and spoke on creative ideas for funding for the Arts.
Joe Miracle, owner of a small business in Costa Mesa, spoke on a problem with Ware Disposal for trash services.
Speakers on Zoom:
Priscilla Rocco spoke in opposition to the Flock camera contract.
Speaker, spoke in opposition to reducing the public comment period to two minutes at the July 21s' meeting, and spoke in opposition to the Flock camera contract.
Minutes - Regular Meeting September 1, 2026 Page 3 of 12
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Pettis spoke in remembrance of September Il'h, spoke on the Costa Mesa Historical Society event on September 6'h at 2:00 p.m. at Orange Coast College and encouraged residents to attend, spoke on attending an upcoming event with Mayor Stephens on Thursday at 6:30 p.m. on the Fairview Developmental Center, and wished niece Sydney Thompson a happy birthday.
Council Member Buley spoke on attendance at the Families Forward Gala, praised the Historical Society on their special events, and asked staff to monitor development in Al efficiencies and spoke about an article on the City of Laguna Beach partnering with Crossbeam to incorporate Al into its plan check processes.
Council Member Gameros spoke on cooling stations in the City, spoke on the progress of Ketchum-Libolt Park construction, spoke in remembrance of September I l'h, and spoke on the Thursday night event on the Fairview Developmental Center.
Council Member Marr spoke on visitors from Australia meeting with Love Costa Mesa, praised Love Costa Mesa, spoke on visiting the Homeless Shelter, spoke on the Historical Society's 60th anniversary event, requested an update on the Flock contract be placed on the next City Council meeting agenda, spoke on revisiting an ethics policy, requested staff to track conflict of interests and campaign donations to promote transparency, and requested staff to follow up with the individual having trouble with Ware Disposal.
Council Member Reynolds supports bringing back the Flock contract at the next meeting for an update, requested an update on the Flock audit logs that have been requested through public records requests, spoke on Hunger Action Month and thanked Second Harvest Food Bank, and requested staff to publicize information on food resources, spoke on heat exhaustion and sharing information on cooling centers, spoke on the Historical Society's 60th anniversary event, and support for bringing back the Fish Fry parade, spoke about back-to-school traffic concerns and on street calming measures, requested an update on the Safe Routes to School project, noted that September 20'h is the annual bike ride with the Costa Mesa Historical Society, and that September 26'h is the Orange County Soccer Club's Costa Mesa night.
Mayor Pro Tem Chavez spoke on the September 2nd outreach meeting for Shalimar Park from 6:00 p.m.- 8:00 p.m.
Mayor Stephens spoke on adjourning the meeting in memory of Beth Refakes, spoke on the event on Thursday regarding the Fairview Developmental Center, agreed with Council Member Buley to research implementation of Al, spoke on Brackens Kitchen food competition fundraiser on September 10th, spoke on attending the Costa Mesa Historical Society Gala, spoke in remembrance of September 11th, thanked Mayor Pro Tem Chavez for running the meeting on August 4'h, and spoke in honor of Beth Refakes and also adjourning the meeting in honor of Dolly Parton.
REPORT - CITY MANAGER - Ms. Gallardo-Daly spoke on the Measure C informational page on the City website, spoke on National Preparedness Month, the Alert QC regional test on September I(,th at 10:00 a.m., and recognized Hoon Jo, Information Technology Programmer Analyst II for receiving the City Manager Leadership Award.
Minutes - Regular Meeting September 1, 2026 Page 4 of 12 REPORT - CITY ATTORNEY - NONE.
CONSENT CALENDAR
MOVED/SECOND: Mayor Pro Tem Chavez/ Council Member Marr MOTION: Approve the Consent Calendar except for item no. 6.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, 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 and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Paul Beckett, Kathleen DeVine, Trinh Pham Kiem, Gustavo Ortiz, Raymundo Ortiz, State Farm Mutual Automobile Insurance Company (Teresa Rescalvo De Ortiz), State Farm Mutual Automobile Insurance Company (Ellie Savee).
3. ADOPTION OF WARRANT RESOLUTION
ACTION:
City Council approved Warrant Resolution No. 2759.
4. MINUTES
ACTION:
City Council approved the minutes of the special closed session and study session of May 13, 2025, townhall meeting of October 15, 2025, and the regular meetings of June 16, 2026, July 21, 2026, and August 4, 2026.
Minutes - Regular Meeting September 1, 2026 Page 5 of 12
AUTHORIZE THE USE OF SOURCEWELL PUBLIC SECTOR NATIONAL
COOPERATIVE AGREEMENT WITH FONROCHE LIGHTING AMERICA FOR THE
PURCHASE OF SOLAR LIGHTING EQUIPMENT FOR THE JOANN AND
CORNERSTONE BIKE TRAILS
ACTION:
1. City Council authorized the use of Sourcewell, Cooperative Agreement No. 041525-FNR with Fonroche Lighting America, valid until July 22, 2029, for the purchase of solar lighting equipment for the Joann and Cornerstone Bike Trails.
2. Authorized the purchase of lighting equipment for the Joann and Cornerstone Bike Trails for $116,152 through Fonroche Lighting America.
3. Authorized the City Manager and City Clerk to execute the necessary agreement and future authorized amendments to the agreement.
ACCEPTANCE AND ALLOCATION OF CANNABIS TAX FUND GRANT PROGRAM
FUNDS TO ENHANCE TRAFFIC SAFETY
ACTION:
1. City Council approved Resolution No. 2026-37, which ratifies and accepts a grant award from the State of California - California Highway Patrol (CHP) for the Cannabis Tax Fund Program (CTFGP) and authorizes the City Manager or designee to execute the grant documents, including the Grant Agreement, and accept and administer the grant.
2. Approved revenue and expense appropriations in the amount of $92,160 respectively, for the 2026-27 CHP CTFGP Grant in the State Grant Fund (Fund 231).
ITEMS PULLED FROM THE CONSENT CALENDAR
CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM AWARD
Public Comments: None.
MOVED/SECOND: Council Member Reynolds/Mayor Stephens
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
Minutes - Regular Meeting September '1, 2026 Page 6 of 12 ACTION:
1. City Council adopted Resolution No. 2026-36, accepting the Caltrans Sustainable Transportation Planning Grant.
2. Authorized an appropriation increase to both the revenue and expenditure in the amount of $297,500 for the grant in the State Grant Fund (Fund 231 ). ------------------------------END OF CONSENT CALENDAR
OLD BUSINESS:
ADOPTION OF AN ORDINANCE AMENDING TITLE 13 (PLANNING, ZONING, AND
DEVELOPMENT), OF THE COSTA MESA MUNICIPAL CODE UPDATING LAND
USE CLASSIFICATIONS FOR VARIOUS NON-RESIDENTIAL USES INCLUDING
BUT NOT LIMITED TO, PERSONAL SERVICES, ARTISAN STUDIO, ACTIVE
ENTERTAINMENT USES, EVENT CENTERS AND ASSEMBLY USES, FITNESS
USES, AND OTHER NON-RESIDENTIAL USES AND STANDARDS- ZONING CODE AMENDMENT PCTY-26-0001
Presentation by Ms. Caron, Planning Manager.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Chavez/ Council Member Reynolds MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council adopted Ordinance No. 2026-07, approving revisions to Title 13 of the Costa Mesa Municipal Code (Zoning Code) to update land use classifications for various non-residential uses including but not limited to, personal services, artisan studio, active entertainment uses, event centers and assembly uses, fitness uses, and other non-residential uses and standards.
Minutes - Regular Meeting September 1, 2026 Page 7 of 12 PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
CONTINUATION REQUEST OF AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO UPHOLD THE ECONOMIC AND DEVELOPMENT SERVICES
DIRECTOR'S DECISION TO DENY A REASONABLE ACCOMMODATION REQUEST
TO DEVIATE FROM CERTAIN REQUIREMENTS OF THE ZONING CODE TO OPERATE A SOBER LMNG HOME. OPERATED BY THE OHIO HOUSE AT 115
EAST WILSON STREET, UNITS A THROUGH E
Public Comments: None.
MOVED/SECOND: Council Member Marr/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council continued the open public hearing to the October 20, 2026, meeting, pursuant to the applicant's request.
ADOPTION OF A RESOLUTION TO APPROVE A GENERAL PLAN AMENDMENT TO AMEND THE SIXTH CYCLE HOUSING ELEMENT (2021-2026) OF THE CITY OF COSTA MESA GENERAL PLAN (PCTY-26-0003) TO ADD ADDITIONAL HOUSING
ELEMENT OPPORTUNITY SITES, ASSOCIATED REVISIONS (INCLUDING
ENVIRONMENTAL JUSTICE POLICIES), AND DETERMINE THE AMENDMENTS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENT AL QUALITY ACT
Presentation by Ms. Tai, Community Development Director, Ms. McGill, Planning Manager, Ms. Halligan, Senior Planner, and Sohab Mehmood and Cathy Tang Saez from Dudek.
Public Comments:
Speakers in the Council Chambers:
Aaron Klemm spoke on completing all required zoning and approving the Housing Element.
Jay Humphrey spoke on high density and high rises south of the 405, spoke on in-lieu fees, and expressed concern on density and heights.
Minutes - Regular Meeting September 1, 2026 Page 8 of 12 Rick Huffman spoke on the lack of transparency, spoke on density, and piecemeal zoning without a clear vision on how to support the growth.
Cynthia McDonald spoke on the lack of a full and transparent discussion regarding the impacts of the EIR, expressed concerns on what may have been omitted, spoke on air quality, greenhouse gas emissions, and heat effects when considered collectively.
Kathy Esfahani, Affordable Housing Coalition, spoke in support of the proposed Housing Element and on strengthening the inclusionary housing ordinance.
Dianne Russell, Member of the Costa Mesa Affordable Housing Coalition, spoke in support of the item.
Steve Dzida spoke in support of the item.
Annie McCray spoke on Measure K and owning a property that was not identified as a Measure K site and would like to be included.
Maria Dzida spoke in support of the item.
Speakers on Zoom:
Ugochi Anaebere-Nicholson, Public Interest Law Project and Disability Rights California, spoke in opposition to the Housing Element in its current form, because it does now substantially comply with the law pertaining to individuals living with disabilities.
Christine Nolf, Costa Mesa, spoke in support of the item as recommended.
MOVED/SECOND: Council Member Marr/Mayor Stephens
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council adopted Resolution No. 2026-38 to approve a General Plan Amendment to amend the City of Costa Mesa Sixth Cycle (2021-2029) Housing Element of the City's General Plan to add additional Housing Element Opportunity Sites needed to maintain Regional Housing Needs Allocation (RHNA) capacity, remove certain Housing Element Opportunity Sites, adopt associated revisions (including environmental justice policies) and the associated Environmental Quality Act environmental determination.
Minutes - Regular Meeting September 1, 2026 Page 9 of 12 City Council recessed into a break at 9:31 p.m.
City Council reconvened at 9:46 p.m.
RESOLUTION OF THE CITY'S INTENT TO OVERRULE THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S INCONSISTENCY DETERMINATION FOR
THE CITY OF COSTA MESA NEIGHBORHOODS WHERE WE ALL BELONG
ZONING UPDATES AND HOUSING ELEMENT IMPLEMENT ATION
Presentation by Ms. Halligan, Senior Planner.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Chavez/ Council Member Marr MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
1. City Council conducted a public hearing and adopted Resolution No. 2026-39 regarding the City's intent to overrule the Orange County Airport Land Use Commission's inconsistency determination for the City of Costa Mesa Neighborhoods Where We All Belong Zoning Updates and Housing Element Implementation.
2. Directed City staff to forward the Resolution to the Airport Land Use Commission (ALUC), and after 45 days, schedule a City Council public hearing to consider overruling ALUC's determination.
NEW BUSINESS:
ADOPTION OF THE AGREEMENTS FOR SUCCESSOR MEMORANDA OF
UNDERST ANDING (MOU) BETWEEN THE CITY OF COSTA MESA (CITY) AND THE
COSTA MESA POLICE ASSOCIATION (CMPA), THE COSTA MESA POLICE
MANAGEMENT ASSOCIATION (CMPMA), THE COSTA MESA CITY EMPLOYEES
ASSOCIATION (CMCEA) AND THE CONFIDENTIAL UNIT AND THE ADOPTION OF
ACCOMPANYING SALARY RESOLUTIONS, AND CMCEA ANNUAL
COMPENSATIONS UPDATES
Ex-Parte Communications: Council Members Buley and Marr, Mayor Pro Tem Chavez, and Mayor Stephens met with employee associations.
Presentation by Ms. Lee, Human Resources Manager.
Minutes - Regular Meeting September 1, 2026 Page 10 of 12 Public Comments: None.
MOVED/SECOND: Council Member Gameros/Mayor Stephens
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
1. City Council approved and adopted Agreement for Successor MOU between the City of Costa Mesa and CMPA.
2. Approved and adopted Agreement for Successor MOU between the City of Costa Mesa and CMPMA.
3. Approved and adopted Agreement For Successor MOU between the City of Costa Mesa and CMCEA.
4. Approved and adopted Resolution Number 2026-40 revising the pay ranges for CMPA.
5. Approved and adopted Resolution Number 2026-41 revising the pay ranges for CMPMA.
6. Approved and adopted Resolutions Number 2026-42 and 2026-43 revising the pay ranges for CMCEA.
7. Approved and adopted Resolution Number 2026-44 revising the pay ranges for the Confidential Unit.
8. Approved and adopted Resolution Number 2026-45 revising the pay ranges for Deputy Police Chief.
9. Approved and adopted Resolution Number 2026-46 revising the pay ranges for Police Recruit.
IO.Approved and adopted Resolution Number 2026-47 revising the pay range for Reserve Senior Public Safety Dispatcher.
Il.Authorized the City Manager and members of the City's Negotiation Team to execute the Memoranda of Agreement documents.
Minutes - Regular Meeting September 1, 2026 Page 11 of 12
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS - NONE.
ADJOURNMENT - Mayor Stephens adjourned the meeting at 10:08 p.m. in honor and memory of Beth Retakes, Dolly Parton, and Chris Keaner.
Minutes adopted on this 15th day of September, 2026.
ATTEST:
Brenda Gree�ity Clerk
Minutes - Regular Meeting September 1, 2026 Page 12 of 12