Costa Mesa — 2023-02-07

REPORT – CITY ATTORNEY

REPORT – CITY MANAGER

1. RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA23-1063\nAND COMPLEX APPELLATE LITIGATION GROUP, LLP FOR LEGAL\nSERVICES\nRECOMMENDATION:\nIt is recommended the City Council:\n1. Approve the Agreements between the City of Costa Mesa and the law firm\nof Complex Appellate Litigation Group, LLP in connection with the pending\nlawsuits entitled The Ohio House LLC v. City of Costa Mesa, United States\nDistrict Court for the Central District of California, Case No. 8:19-cv-01710\n-JVS (GJSx), Insight Psychology and Addiction, Inc. v. City of Costa Mesa,\nUnited States District Court for the Central District of California, Case No.\n8:20-cv-00504-MEMF-JDE, SoCal Recovery, LLC v. City of Costa Mesa, 9th\nCircuit Court of Appeals No. 20-55820, RAW Recovery, LLC v. City of Costa\nMesa, 9th Circuit Court of Appeals No. 20-55870.\n2. Authorize the City Manager and the City Clerk to execute the Agreements.\nAttachments: 1. Socal and RAW Recovery\n2. Ohio House\n3. Insight Psychology\nPage 10 of 13\nREGULAR CITY COUNCIL AND Agenda February 7, 2023\nSUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY, AND\nHOUSING AUTHORITY*\nNEW BUSINESS:\n1. CDBG CV HOMELESSNESS PREVENTION AND SERVICES TO23-1004\nLOW/MODERATE INCOME HOUSEHOLDS\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the recommended reallocation of $344,000 in Community\nDevelopment Block Grant - Coronavirus (CDBG-CV) funds from Program\nAdministration ($274,000) and the Motel Isolation Voucher Program\n($70,000) for street outreach, workforce development, senior meals, and\nhomeless youth programs.\n2. Authorize the City Manager (or their designee) and the City Clerk to execute\nall agreements and/or amendments to the agreements to award CDBG-CV\nfunding in the amount of $70,000 for Trellis International, $189,000 for City\nNet, and $35,000 for Project Hope Alliance, each for a one-year term.\n3. Approve the appropriation of $50,000 in CDBG-CV funds to provide meals\nfor Costa Mesa senior citizens.\nAttachments: 1.City Net Amendment 2\n2. Trellis Amendment 2\n3. Project Hope Alliance Sub Agreement\nPage 11 of 13\nREGULAR CITY COUNCIL AND Agenda February 7, 2023\nSUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY, AND\nHOUSING AUTHORITY*

2. CITY OF COSTA MESA, COSTA MESA PUBLIC FINANCING 23-998\nAUTHORITY, COSTA MESA FINANCING AUTHORITY, AND COSTA\nMESA HOUSING AUTHORITY FINANCIAL STATEMENTS, AND\nHOUSING SUCCESSOR ANNUAL REPORT FOR THE PERIOD\nENDING JUNE 30, 2022.\nRECOMMENDATION:\n1. Staff recommends the City Council receive and file the following reports for\nthe fiscal year ended June 30, 2022:\na. Annual Comprehensive Financial Report (ACFR) (Attachment 1);\nb. Air Quality Improvement Fund Compliance Report (Attachment 2);\nc. Audit Communication Letter (Attachment 3); and\nd. Independent Accountant's Report on Agreed-Upon Procedures\nApplied to Appropriation Limit Worksheets (Attachment 4).\n2. Staff recommends the City Council and Costa Mesa Public Financing\nAuthority receive and file the Costa Mesa Public Financing Authority\naudited financial statements for the fiscal year ended June 30, 2022\n(Attachment 5).\n3. Staff recommends the City Council and Costa Mesa Financing Authority\nreceive and file the Costa Mesa Financing Authority audited financial\nstatements for the fiscal year ended June 30, 2022 (Attachment 6).\n4. Staff recommends the City Council and Housing Authority receive and file\nthe following reports for the fiscal year ended June 30, 2022:\na. Independent Financial Audit of the Costa Mesa Housing Authority,\nincluding the Low and Moderate Income Housing Asset Fund\n(Attachment 7); and\nb. The Fiscal Year 2021-22 Housing Successor Annual Report prepared\nunder the California Health and Safety Code Section 34176.1 as the\nhousing successor and Section 34328 as a housing authority\n(Attachment 8).\nPage 12 of 13\nREGULAR CITY COUNCIL AND Agenda February 7, 2023\nSUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY, AND\nHOUSING AUTHORITY*\nAttachments: 1. FY 2021-22 Annual Comprehensive Financial Report\n2. FY 2021-22 Air Quality Improvement Fund Compliance\nReport\n3. FY 2021-22 Audit Communication Letter\n4. FY 2021-22 Report on Agreed-Upon Procedures Applied to\nAppropriation Limit Worksheets\n5. FY 2021-22 Costa Mesa Public Financing Authority Financial\nStatements\n6. FY 2021-22 Costa Mesa Financing Authority Financial\nStatements\n7. FY 2021-22 Costa Mesa Housing Authority Financial\nStatements\n8. FY 2021-22 Housing Successor Annual Report\nADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND\nSUGGESTIONS

PRESENTATIONS:\n1. Proclamation: Black History Month 23-1064\nAttachments: 1. Proclamation: Black History Month\nPage 6 of 13\nREGULAR CITY COUNCIL AND Agenda February 7, 2023\nSUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY, AND\nHOUSING AUTHORITY*

1. REPEAL OF THE ORDINANCES UNDER CHAPTER I (BICYCLES23-1008\nAND MOTORIZED BICYCLE LICENSING) TO TITLE 4 (BICYCLES) OF\nTHE COSTA MESA MUNICIPAL CODE\nRECOMMENDATION:\nStaff recommends that the City Council introduce for first reading the attached\nOrdinance No. 2023-xx to repeal Chapter I (Bicycles and Motorized Bicycle\nLicensing) to Title 4 (Bicycles) of the Costa Mesa Municipal Code to comply with\ncurrent California law.\nAttachments: 1. Ordinance to Repeal of Title 4 of Chapter I Bicycle Licensing\nPage 9 of 13\nREGULAR CITY COUNCIL AND Agenda February 7, 2023\nSUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY, AND\nHOUSING AUTHORITY*

2. CITY COUNCIL FIRST READING OF AN ORDINANCE TO AMEND23-1009\nTITLE 13 OF THE COSTA MESA MUNICIPAL CODE (ZONING CODE)\nTO MODIFY EXISTING ACCESSORY DWELLING UNIT (ADU)\nSTANDARDS TO CONFORM WITH RECENT REVISIONS TO STATE\nLAW AND TO CLARIFY LOCAL PROVISIONS TO IMPROVE PERMIT\nPROCESSING (CODE AMENDMENT CO 2022-01)\nRECOMMENDATION:\nIntroduce for first reading, by title only, Ordinance No. 2023-XX approving Code\nAmendment CO-2022-01, amending Title 13 of the Costa Mesa Municipal Code\n(Zoning Code) to modify the City’s accessory dwelling unit (ADU) standards to\nconform to recent revisions to State law, and to clarify several existing provisions\nto improve ADU permit processing.\nAttachments: 1. Draft Ordinance\n2. Exhibit A to the Draft Ordinance (track changes)\n3. HCD Letter\nOLD BUSINESS: