Costa Mesa — 2023-11-07

REPORT – CITY ATTORNEY

REPORT – CITY MANAGER

CLOSED SESSION ITEMS:\n1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - TWO\nCASES\nPursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.\n2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(1)\nName of Case: 1921 Harbor Blvd. LLC dba High Seas\nOrange County Superior Court Case No. Pending\n3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR\nPursuant to California Government Code Section 54956.8\nAPN: 420-012-16\nAgency Negotiators: Lori Ann Farrell Harrison, City Manager\nNegotiating Parties: State of California\nUnder Negotiation: Price and Terms of Payment\n4. CONFERENCE WITH LABOR NEGOTIATORS\nPursuant to California Government Code Section 54957.6 (a)\nAgency Designated Representative: Lori Ann Farrell Harrison, City Manager and Alma\nReyes, Deputy City Manager\nName of Employee Organization: Costa Mesa Firefighters Association (CMFA).

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL23-1444\nORDINANCES AND RESOLUTIONS\nRECOMMENDATION:\nCity Council, Agency Board, and Housing Authority approve the reading by title\nonly and waive full reading of Ordinances and Resolutions.

10. BICYCLE SAFETY EDUCATION PROGRAM FOR SCHOOLS 23-1441\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Award a Professional Services Agreement (PSA) to Walk ‘n Rollers, 8800\nVenice Boulevard, Suite 301, Los Angeles, CA 90034 for the development of\na Bicycle Safety Education Program for Schools in the amount of $149,967\n(Attachment 1).\n2. Authorize a ten percent (10%) contingency in the amount of $14,996 for\nunforeseen costs.\n3. Authorize the City Manager and the City Clerk to execute the PSA and any\nfuture amendments to the agreement.\nAttachments: 1. Proposed PSA with Walk N. Rollers, Inc.

11. REJECT ALL BIDS - ADAMS AVENUE AND PINECREEK DRIVE23-1428\nINTERSECTION PROJECT, FEDERAL PROJECT NO. CML-5312(104),\nCITY PROJECT NO. 23-01\nRECOMMENDATION:\nStaff recommends the City Council reject all bids for the Adams Avenue and\nPinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City\nProject No. 23-01, and direct staff to re-advertise the project.\nAttachments: 1. Bid Analysis\nAT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT\nCALENDAR

2. READING FOLDER 23-1446\nRECOMMENDATION:\nCity Council receive and file Claims received by the City Clerk: Malik Anthony\nAtalla, Kendra Boost, Christopher Matlick, Jeff Schoneman, High Seas.

5. PURCHASE OF THE FOSTER & FREEMAN DCS®5 DIGITAL23-1429\nCAPTURE SYSTEM FOR THE POLICE DEPARTMENT CRIME SCENE\nUNIT\nRECOMMENDATION:\nStaff recommends City Council:\n1. Approve and authorize the purchase of a DCS®5 Digital Capture System\nfrom Foster & Freeman for the Crime Scene Unit (CSU) in the amount of\n$112,106.\n2. Authorize the City Manager to execute a Purchase Order, and any other\ndocuments required in connection with the purchase of the DCS®5 Digital\nCapture System.\nAttachments: 1. Quote - Foster and Freeman DCS5 PRO

6. ACCEPTANCE OF THE 2023-2024 CALIFORNIA DEPARTMENT OF23-1430\nALCOHOLIC BEVERAGE CONTROL (ABC) GRANT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Adopt the proposed Resolution No. 2023-XX authorizing the acceptance of\ngrant funds in the amount of $40,000 from the California Department of\nAlcoholic Beverage Control in connection with its Alcohol Policing\nPartnership Program.\n2. Approve budget appropriation of $40,000 from the Alcoholic Beverage\nControl Grant.\nAttachments: 1. ABC OTS exhibits\n2. 24-OTS102 STD 213 w SCO block\n3. Draft Resolution No. 2023-xx Authorizing ABC Grant\nAcceptance

7. SUB RECIPIENT AGREEMENT FOR THE 2022 URBAN AREA23-1431\nSECURITY INITIATIVE GRANT\nRECOMMENDATION:\nStaff recommends the City Council:\nAuthorize the City Manager, or designee, to execute the attached Sub-Recipient\nAgreement with the City of Anaheim for the FY 2022 Urban Areas Security\nInitiative (UASI) Grant Program.\nAttachments: 1. UASI 2022 Agreement

8. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES23-1439\nFOR THE COSTA MESA SKATE PARK EXPANSION\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Award a Professional Services Agreement (PSA) to David Volz Design\nLandscape Architects, Inc., 151 Kalmus Drive, Suite M8, Costa Mesa,\nCalifornia in the amount of $287,476 for the design of the Costa Mesa Skate\nPark located at 900 Arlington Drive, Costa Mesa, and authorize the City\nManager and the City Clerk to execute the PSA.\n2. Authorize a ten percent (10%) contingency in the amount of $28,748 in order\nto cover additional work or unforeseen circumstances.\n3. Authorize the City Manager and the City Clerk to execute the PSA and any\nfuture amendments to the agreement within Council authorized limits.\nAttachments: 1. PSA with David Volz Design Landscape Architects, Inc.

9. 2025 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM 23-1440\nRECOMMENDATION:\nStaff recommends the City Council adopt Resolution No. 2023-xx, approving\nprojects for inclusion in the Orange County Transportation Authority’s (OCTA)\nFederal Transportation Improvement Program (FTIP) for Fiscal Years 2024/25\nthrough 2029/30 (Attachment 1).\nAttachments: 1. Proposed 2025 FTIP Resolution

1. FISCAL YEAR 2022-23 PRELIMINARY UNAUDITED YEAR-END23-1443\nFINANCIAL REPORT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Authorize the City Manager, or her designee, to concur with FiPAC\nrecommendations on the allocation and appropriation of Fiscal Year 2022-\n23, if available, year-end savings estimated between $4.0 million to $6.0\nmillion in order of priority as follows:\na) Transfer $1.1 million to Fund 401 for the Lions Park Café;\nb) Transfer $1.5 million to Fund 401 for Fire Station #4 Training Tower;\nc) Deposit $500,000 (up to $1.0 Million, if available for surplus funds of $6.0\nmillion) to the Workers’ Compensation Fund Balance designation;\nd) Transfer $900,000 to Housing Fund 222 for Housing Element and\nVisioning;\ne) Transfer $300,000 to Equipment Fund 602 to pay the balance of one Fire\nEngine Apparatus; and\nf) Transfer $1.2 million to Fund 401 for improvements to the City’s Golf\nCourse and Tennis Center.

2. LIONS PARK CAFÉ PROJECT 23-1383\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Authorize the City Manager and City Clerk to execute Amendment Number\nFive to the Professional Services Agreement (PSA) with Johnson Favaro,\n5898 Blackwelder Street, Culver City, CA 90232, in the amount of $130,250\nwith a three-year contract extension, and any future amendments.\n2. Authorize the City Manager and City Clerk to execute Amendment Number\nTwo to the PSA with STV Construction, Inc., 1055 West Seventh Street,\nSuite 2900, Los Angeles, CA 90017, in the amount of $226,960 with a\nthree-year contract extension, and any future amendments.\n3. Authorize the City Manager to execute Change Order No. 2 to the Purchase\nOrder with Tovey/Shultz Construction, Inc., 18261 Collier Avenue, Unit A,\nLake Elsinore, CA 92530, in the amount of $1,929,805, and any future\namendments.\n4. Create and/or amend the City’s budget appropriations and allocations in the\namounts and funds as needed to effectuate the changes identified above .\nAttachments: 1. Lions Park Cafe Building Rendering and Layout\n2. Johnson Favaro Amendment Request\n3. STV Amendment Request\n4. Tovey/Shultz Change Order Request

3. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE23-1426\nPOTENTIAL PREPARATION OF A MORATORIUM AND/OR OTHER\nALTERNATIVE PROCEDURE TO DISCONTINUE OR SUSPEND\nACCEPTANCE AND PROCESSING OF CANNABIS RETAIL\nAPPLICATIONS\nRECOMMENDATION:\nStaff recommends the City Council provide direction regarding the potential\npreparation of a moratorium and/or other alternative procedure to discontinue or\nsuspend acceptance and processing of cannabis retail applications.\nAttachments: Agenda Report

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA23-1433\nMESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND\nBUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL\nCODE BY ADDING CHAPTER II (REGULATION OF CERTAIN\nBUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT\nPROTECTIONS)\nRECOMMENDATION:\n1. Introduce and give first reading, waiving further reading, to Ordinance No. 2023\n-XX Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa\nMunicipal Code by Adding Chapter II (Regulation of Certain Businesses), Article\n24 (Just Cause Residential Tenant Protections) and/or adopt Ordinance No.\n2023-XX, an Urgency Ordinance Amending Title 9 (Licenses and Business\nRegulations) of the Costa Mesa Municipal Code by Adding Chapter II\n(Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant\nProtections).\n2. Appropriate a total of $300,000 from uncommitted American Rescue Plan Funds\n(ARPA) to provide supplemental rental assistance to households facing no-fault\njust cause eviction, and authorize the City Manager, City Attorney, and City Clerk\nto approve and execute new or amended agreements with existing program\nproviders.\n3. Allocate $250,000 from uncommitted ARPA funds to the Law Offices of Jones\nMayer, increasing the scope of the contract to include eviction and rental-related\nlegal services, including but not limited to court filings, to enforce the eviction\nprotection provisions of the Costa Mesa Municipal Code regarding unlawful acts\nin connection with no-fault just cause evictions.\n4. Approve the addition of three (3) Full Time Equivalent (FTE) staff positions to\nimplement, monitor, and enforce the subject Ordinance, with an additional FTE\nat the discretion of the City Manager. The staff positions include one Community\nOutreach Worker in the Neighborhood Improvement Division, one (1) Senior\nPlanner, and one (1) Code Enforcement Officer II in the Economic and\nDevelopment Services Department. Appropriation authority is requested at an\nestimated $300,000 for the remainder of the fiscal year from uncommitted ARPA\n(American Rescue Plan Act) Funds to cover the fiscal impact of the additional\npositions.\nAttachments: Agenda Report\n1. Draft Eviction Ordinance\n2. Draft Eviction Urgency Ordinance.\n3. Costa Mesa Notice of Termination of Tenancy

2. LIONS PARK CAFÉ PROJECT 23-1383\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Authorize the City Manager and City Clerk to execute Amendment Number\nFive to the Professional Services Agreement (PSA) with Johnson Favaro,\n5898 Blackwelder Street, Culver City, CA 90232, in the amount of $130,250\nwith a three-year contract extension, and any future amendments.\n2. Authorize the City Manager and City Clerk to execute Amendment Number\nTwo to the PSA with STV Construction, Inc., 1055 West Seventh Street,\nSuite 2900, Los Angeles, CA 90017, in the amount of $226,960 with a\nthree-year contract extension, and any future amendments.\n3. Authorize the City Manager to execute Change Order No. 2 to the Purchase\nOrder with Tovey/Shultz Construction, Inc., 18261 Collier Avenue, Unit A,\nLake Elsinore, CA 92530, in the amount of $1,929,805, and any future\namendments.\n4. Create and/or amend the City’s budget appropriations and allocations in the\namounts and funds as needed to effectuate the changes identified above .\nAttachments: 1. Lions Park Cafe Building Rendering and Layout\n2. Johnson Favaro Amendment Request\n3. STV Amendment Request\n4. Tovey/Shultz Change Order Request

3. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE23-1426\nPOTENTIAL PREPARATION OF A MORATORIUM AND/OR OTHER\nALTERNATIVE PROCEDURE TO DISCONTINUE OR SUSPEND\nACCEPTANCE AND PROCESSING OF CANNABIS RETAIL\nAPPLICATIONS\nRECOMMENDATION:\nStaff recommends the City Council provide direction regarding the potential\npreparation of a moratorium and/or other alternative procedure to discontinue or\nsuspend acceptance and processing of cannabis retail applications.\nAttachments: Agenda Report\nADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND\nSUGGESTIONS\nPage 13 of 14\nREGULAR CITY COUNCIL AND Agenda November 7, 2023\nSUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY, AND\nHOUSING AUTHORITY*

PRESENTATIONS:\n1. Proclamation: Native American Heritage Month, 2023 23-1447\nAttachments: 11-07-2023 Native American Heritage Month\n2. Proclamation: Movember, 2023 23-1449\nAttachments: 11-07-2023 Movember

PRESENTATIONS:\n1. Proclamation: Native American Heritage Month, 2023 23-1447\nAttachments: 11-07-2023 Native American Heritage Month\n\n2. Proclamation: Movember, 2023 23-1449\nAttachments: 11-07-2023 Movember