Costa Mesa — 2024-01-16

CLOSED SESSION ITEMS:\n1. 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).\n2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(1)\nName of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments\nLLC, et al.\n440 Fair Dr. and 1779 Newport Blvd.\nOrange County Superior Court Case No. 30-2020-01170520\n3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(1)\nName of Case: D'Alessio Investments LLC v. City of Costa Mesa\nOrange County Superior Court Case No. 30-2020-01132646\n4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(1)\nName of Case: City of Costa Mesa v. D’Alessio; 1936 Wallace Ave.\nOrange County Superior Court Case No. 30-2020-01133479

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL 24-021\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. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES23-1487\nFOR THE SHALIMAR PARK EXPANSION PROJECT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Award a Professional Services Agreement (PSA) to Community Works\nDesign Group, Inc., 7111 Indiana Avenue, Suite 300, Riverside, California in\nan amount not to exceed $158,970 for the design of improvements and\nexpansion of Shalimar Park.\n2. Authorize an additional ten percent (10%) contingency in the amount of\n$15,897 as needed for any unforeseen costs related to this project.\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. Conceptual Renderings\n2. PSA

11. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES23-1488\nFOR THE KETCHUM-LIBOLT PARK EXPANSION PROJECT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Award a Professional Services Agreement (PSA) to Architerra Design Group,\nInc., 10221-A Trademark Street, Rancho Cucamonga, California in an\namount not to exceed $193,098 for the design of improvements and\nexpansion of Ketchum-Libolt Park located at 2150 Maple Street, Costa\nMesa.\n2. Authorize an additional ten percent (10%) contingency in the amount of\n$19,310 as needed for any unforeseen costs related to this project.\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. Conceptual Renderings\n2. PSA

12. AWARD OF THE LED LIGHTING INSTALLATION AT CITY PARKS 24-005\nAND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Adopt plans, specifications, and working details for the LED Lighting\nInstallation at City Parks and Athletic Facilities Project, City Project No. 23-\n09.\n2. Authorize the City Manager and City Clerk to execute a Public Works\nAgreement (PWA) in the amount of $759,700, and future contract\namendments within City Council authorized limits to RMF Contracting, Inc.,\n1523 North Harmony Circle, Anaheim, California 92807.\n3. Authorize a ten percent (10%) contingency in the amount of $75,970 for\nunforeseen construction and miscellaneous costs related to the project.\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 the 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\n2. Public Works Agreement (PWA)

13. ACCEPTANCE OF THE JACK HAMMETT SPORTS COMPLEX 24-007\nEXPANSION PROJECT, CITY PROJECT NO. 21-05\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Accept the work performed by Horizons Construction Company International,\nInc., 432 West Meats Avenue, Orange, California 92865, for the Jack\nHammett Sports Complex Expansion Project, City Project No. 21-05, and\nauthorize the City Clerk to file the Notice of Completion.\n2. Authorize the City Manager to release the Labor and Material Bond seven (7)\nmonths after the filing date and release the Faithful Performance Bond at the\nconclusion of the one-year warranty period. Retention monies have been\nreleased pursuant to Public Contract Code 7107(c).\nAttachments: 1. Final Costs

14. CLEAN MOBILITY OPTIONS PILOT PROGRAM AND OCTA PROJECT 24-013\nV GRANT FOR COMMUNITY BASED TRANSIT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Adopt the proposed Resolution No. 2024-xx, approving participation in the\nClean Mobility Options Voucher Pilot Program.\n2. Adopt the proposed Resolution No. 2024-xx, approving the submittal of a\ngrant application for the Community-Based Transit/Circulators Program\n(Project V) under the Orange County Transportation Authority’s (OCTA’s)\nComprehensive Transportation Funding Program (CTFP).\nAttachments: 1. CMO Voucher Resolution\n2. OCTA Resolution\nAT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT\nCALENDAR

2. READING FOLDER 24-022\nRECOMMENDATION:\nCity Council receive and file Claims received by the City Clerk: George Abrina,\nForrest Ascarrunz, Teresa Beck, Noreen Becker, Bryan Bennani, Automobile\nClub as Subrogee of Bryan Bennani, Andrea Grigsby, Amelia Salehpour,\nAntonio Urresti.

4. Summary Check Register 12-28-2023

5. REVIEW AND APPROVE RECOMMENDED CITY COUNCIL MEETING 24-008\nCALENDAR FOR 2024\nRECOMMENDATION:\nReview and approve recommended City Council Meeting Calendar for 2024 and\ncancel the Tuesday, November 5, 2024, City Council Meeting due to Election\nDay.

6. APPROVAL OF MAYOR’S APPOINTMENTS TO THE 24-024\nTRANSPORTATION CORRIDOR AGENCIES\nRECOMMENDATION:\nStaff recommends the City Council approve the following Mayor’s appointments:\n1. Transportation Corridor Agencies (TCA): Appointee - Mayor John Stephens\nand Alternate - Councilmember Arlis Reynolds.

7. SECOND READING AND ADOPTION OF ORDINANCE NO. 2024-01 24-003\nAMENDING TITLE 13 (PLANNING, ZONING, AND DEVELOPMENT)\nOF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S\nOUTDOOR DINING PROVISIONS (CODE AMENDMENT\nPCTY-23-0002)\nRECOMMENDATION:\nStaff recommends the Council give second reading to and adopt Ordinance No.\n2024-01 approving Code Amendment PCTY-23-0002, amending Title 13\n(Planning, Zoning, and Development) of the Costa Mesa Municipal Code to\nmodify the City’s Outdoor Dining provisions.\nAttachments: Agenda Report\n1. Draft Ordinance\n2. Exhibit A to the Ordinance

8. AUTHORIZATION FOR THE RETIREMENT OF POLICE SERVICE 24-009\nDOG BODI AND THE SALE OF POLICE SERVICE DOG BODI TO\nOFFICER GEORGE MARIDAKIS\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the retirement of Police Service Dog Bodi after five years of\noutstanding service to the community.\n2. Authorize the City Manager or designee to execute the purchase agreement\nfor the sale of Police Service Dog Bodi to Officer George Maridakis.\nAttachments: 1. Bodi Retirement Purchase Agreement

9. AUTHORIZATION FOR THE PROCUREMENT OF DATA ANALYTICS 24-010\nSOFTWARE WITH PEREGRINE\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the purchase of data analytics software based on pricing provided\nthrough a cooperative agreement with the City of Fremont, No.21-0113.\n2. Authorize the purchase of data analytics software under the awarded\nOrganized Retail Theft Prevention Grant (ORT) with Peregrine Technologies\nin the amount of $315,000.\n3. Authorize the City Manager and City Clerk to execute an agreement with\nPeregrine Technologies in a form approved by the City Attorney.\nAttachments: 1. Peregrine Order Form Terms and Conditions

PRESENTATIONS:\n1. Recognition of Police Service Dog Bodi's Retirement\n2. Employee Recognition

1. REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY 24-001\nPLANNING APPLICATION 22-45 FOR A NEW PUBLIC CHARTER\nHIGH SCHOOL (“VISTA MERIDIAN GLOBAL ACADEMY”) AND A\nMINOR CONDITIONAL USE PERMIT FOR SMALL CAR PARKING\nLOCATED AT 1620 SUNFLOWER AVENUE\nRECOMMENDATION:\nStaff recommends that the City Council review the Planning Commission’s\ndecision to deny Planning Application 22-45.\nAttachments: Agenda Report\n1. Resolution for Approval\n2. Resolution for Denial\n3. Filed Review Application\n4. Planning Commission Resolution\n5. Planning Commission approved minutes\n6. Planning Commission Public Comments\n7. Applicant Communications

2. AN ORDINANCE AMENDING TITLE 13 (PLANNING, ZONING AND 24-011\nDEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE TO\nESTABLISH AFFORDABLE HOUSING REQUIREMENTS FOR NEW\nRESIDENTIAL DEVELOPMENT PROJECTS\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Find that the adoption of Ordinance No. 2024-XX is exempt from the\nCalifornia Environmental Quality Act (CEQA) per CEQA Guidelines Section\n15061(b)(3), General Rule in that the affordable housing ordinance will not\nhave a significant impact on the environment.\n2. Give first reading to Ordinance No. 2024-XX (PCTY-23-0001) modifying Title\n13 (Planning, Zoning, and Development) of the Costa Mesa Municipal Code\n(CMMC) to establish affordable housing requirements for new residential\ndevelopments.\nAttachments: Agenda Report\n1. Draft Ordinance\n2. Strikethrough Exhibit A\n3. OC Comparison Table\n4. Affordable Housing Requirements\n5. Corridor Areas Map