Costa Mesa — 2023-12-05

CLOSED SESSION ITEMS:\n1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - SIX\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: DBO Investments CM, LLC, a California Liability Company v. City of\nCosta Mesa\nOrange County Superior Court Case No. 30-2023-01360125-CU-CR-NJC.\n3. 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 ALL23-1467\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. AWARD OF THE CONNECTOR PIPE SCREEN INSTALLATION23-1462\nPROJECT, PHASE IV, CITY PROJECT NO. 23-08 AND\nDETERMINATION THAT THE PROJECT IS CATEGORICALLY\nEXEMPT FROM CEQA\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Find the project categorically exempt from CEQA and adopt plans,\nspecifications, and working details for the Connector Pipe Screen Installation\nProject, Phase IV, City Project No. 23-08.\n2. Authorize the City Manager and City Clerk to execute a Public Works\nAgreement (PWA) in the amount of $283,500, and future contract\namendments within City Council authorized limits to United Storm Water,\nInc., 1400 E. Valley Boulevard, Industry, California 91746.\n3. Authorize a ten percent (10%) contingency in the amount of $28,350 for\nunforeseen construction and miscellaneous costs related to the project.\n4. Authorize a budget appropriation from available fund balances from drainage\nfund in the amount of $55,967.\nENVIRONMENTAL DETERMINATION:\nThe proposed action is exempt from the California Environmental Quality Act\n(CEQA). The action involves an organizational or administrative activity of\ngovernment that will not result in direct or indirect physical change in the\nenvironment. In addition, the proposed action is exempt under Section 15301\nrelating to the operation, repair, maintenance, permitting, and/or minor alteration\nof existing public facilities.\nAttachments: 1. Bid Abstract

11. OPEN SPACE EASEMENT DEED AND AGREEMENT (“RAIL TRAIL”)23-1391\nWITH THE PRESS OWNER, LLC\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the Open Space Easement Deed and Easement Agreement\n(“Rail Trail”) between the City of Costa Mesa (City) and The Press\nOwner, LLC (Press LLC).\n2. Authorize the City Manager or designee to execute the Open Space\nEasement Deed and Easement Agreement and any future authorized\namendments to this agreement.\nAttachments: 1. Trail Easement Agreement\n2. Easement and Deed Agreement\nAT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT\nCALENDAR

2. READING FOLDER 23-1469\nRECOMMENDATION:\nCity Council receive and file Claims received by the City Clerk: Jose Israel\nGonzalez De La Cruz, Se7enLeaf LLC.

4. Summary Check Register 11-21-2023

5. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF23-1459\nJANUARY 2, 2024\nRECOMMENDATION:\nStaff recommends the City Council cancel the regular meeting of Tuesday,\nJanuary 2, 2024.

6. APPROVAL FOR THE PURCHASE AND REPLACEMENT OF23-1455\nSECURITY VIDEO CAMERAS FOR THE POLICE DEPARTMENT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Authorize the use of OMNIA Partners Cooperative Agreement No. R220804\nwith SHI International Corp. for the purchase of Verkada Camera System in\nthe amount of $259,114.24.\n2. Authorize a 5% contingency of $12,955.71 for unforeseen costs.\n3. Authorize the City Manager or designee to execute the necessary documents\nto purchase Verkada Camera System.\nAttachments: 1. SHI Quote

7. AMENDMENTS TO THE INTEGRATED LAW & JUSTICE AGENCY23-1456\nFOR ORANGE COUNTY (ILJAOC) JOINT POWERS AGREEMENT\nRECOMMENDATION:\nStaff recommends the City Council review and approve the proposed\namendments to the Joint Powers Agreement for further review and approval by\nthe Member Agencies.\nAttachments: 1. JPA

8. ACCEPTANCE OF THE 2022, 2023 AND 2024 EMERGENCY23-1457\nMANAGEMENT PERFORMANCE GRANT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the Agreement to Transfer Funds for the 2022 Emergency\nManagement Performance Grant Program (EMPG) (the “Agreement”) and\nauthorize the City Manager to execute the agreement.\n2. Adopt Resolution No. 2023-XX which authorizes the application for and\nacceptance of funds under the EMPG Program for Years 2022, 2023, and\n2024 and authorizes the City Manager, or designee, to take all action\nnecessary to obtain the funding.\n3. Approve revenue and expense appropriations in the amount of $16,366\nrespectively, for the 2022 EMPG Program.\nAttachments: 1. 2022 Transfer Agreement Form\n2. Resolution

9. MEASURE M2 EXPENDITURE REPORT 23-1461\nRECOMMENDATION:\nStaff recommends the City Council adopt the proposed Resolution No. 2023-xx,\n(Attachment 1) approving the Measure M2 Expenditure Report and authorizing\nstaff to submit the report to the Orange County Transportation Authority (OCTA.)\nAttachments: 1. Proposed Resolution 2023-XX\n2. M2 Expenditure Report

PRESENTATIONS:\n1. Recognition of the Newport Mesa Pop Warner Patriots 12U\n2. Recognition of South Coast Repertory's 60 Seasons

1. PUBLIC HEARING REGARDING THE DEVELOPMENT IMPACT FEES23-1460\nANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023\nAND THE TRAFFIC IMPACT FEE ANALYSIS\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Receive and file the Development Impact Fees Annual Report (Attachment\n1) for the Fiscal Year ended June 30, 2023.\n2. Adopt resolution (Attachment 2) continuing the citywide traffic impact fee for\nnew development that incorporates recommendations from the Traffic\nImpact Fee Ad Hoc Committee and staff, which include:\n· Continue a traffic impact fee of $235 per Average Daily Trip (ADT)\nbased on the Capital Improvement Projects in Attachment 4 and\nActive Transportation projects in the adopted Active Transportation\nPlan (ATP).\n· Approve allocation of up to ten percent (10%) of traffic impact fees\ntowards traffic signal synchronization projects.\n· Approve a five percent (5%) reduction in automobile trips as a result\nof ATP implementation and an additional five percent (5%) reduction\nin automobile trips for developments proposing to implement active\ntransportation improvements beyond typical development\nrequirements.\n· Approve the annual accounting of the Citywide Traffic Impact Fee\nProgram (Attachment 6).\nAttachments: 1. 2022-23 DIF Report (Consolidated)\n2. Traffic Impact Fee Resolution\n3. Citywide Traffic Impact Fee Report\n4. Revised TIF Calculation 2023\n5. Chronology of City Council Actions\n6. Resolution Exhibit A (TIF update for FY22-23 Accounting)

2. FIRST READING OF AN ORDINANCE TO AMEND TITLE 1323-1463\n(PLANNING, ZONING, AND DEVELOPMENT) OF THE COSTA MESA\nMUNICIPAL CODE TO MODIFY THE CITY’S OUTDOOR DINING\nPROVISIONS (CODE AMENDMENT PCTY-23-0002)\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Find that the project is exempt from the California Environmental Quality Act\n(CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) (“General Rule”);\nand\n2. Introduce for first reading, by title only, Ordinance No. 2023-XX amending\nTitle 13 of the Costa Mesa Municipal Code (Planning, Zoning, and\nDevelopment) to modify the City’s outdoor dining provisions.\nAttachments: Agenda Report\n1. Draft Ordinance\n2. Exhibit A to the Ordinance clean version\n3. Exhibit A to the Ordinance track changes\n4. Planning Commission Resolution\n5. Planning Commission approved minutes\n6. Planning Commission Public Comments\nOLD BUSINESS: NONE.\nNEW BUSINESS: NONE.