Costa Mesa — 2024-02-20

CLOSED SESSION ITEMS:\n1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR\nPursuant to California Government Code Section 54956.8\nAPN:139-031-62,139-651-14\nProperty:1683 Sunflower Avenue, Costa Mesa, CA 92626\nAgency Negotiator: Lori Ann Farrell Harrison, City Manager\nNegotiating Parties: Brent Stoll, Rose Equities\n2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(1)\nCity of Grants Pass, Petitioner v. Johnson, et al., Respondents,\n9th Cir. Ct. of Appeals Nos. 20-35752 & 20-35881 (Johnson v. Grants Pass),\nUnited States Supreme Court Case # 23-175.\n3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(1)\nMoyer v. City of Costa Mesa, Orange County Supreme Court Case No.\n30-2022-01248290.\n4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE\nCASE\nPursuant to California Government Code Section 54956.9 (d)(2), Anticipated Litigation.\nREDEVELOPMENT AGENCY AND\nTO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL 24-032\nORDINANCES AND RESOLUTIONS\nRECOMMENDATION:\nCity Council and Housing Authority approve the reading by title only and waive\nfull reading of Ordinances and Resolutions.\nREDEVELOPMENT AGENCY AND

10. RESIDENTIAL PERMIT PARKING PROGRAM - JOANN STREET AND 24-050\nFEDERAL AVENUE\nRECOMMENDATION:\nStaff recommends the City Council:\nAdopt the proposed Resolution No. 2024-xx, approving the implementation of a\nResident Permit Parking (RPP) only restriction on Joann Street between\nPlacentia Avenue and Federal Avenue and on Federal Avenue between Joann\nStreet and Darrell Street, and authorizing the Transportation Services Manager\nto extend the restriction within a 1,000-foot radius as needed, based on a\nqualifying petition from affected residents and Council-adopted guidelines.\nAttachments: 1. Joann and Federal Permit Parking Resolution\n2. Revised Guidelines and Policies July 2022\n3. Joann and Federal Map\nREDEVELOPMENT AGENCY AND

11. DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA 24-052\nCITY FIRE MANAGEMENT ASSOCIATION (CMFMA) MEET AND\nCONFER AND AUTHORIZATION TO PROCEED WITH THE\nFINANCIAL ANALYSIS OF THE CURRENT MOU PER THE\nTRANSPARENCY IN LABOR NEGOTIATIONS COUNCIL POLICY\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Designate City Manager Lori Ann Farrell Harrison as the City’s Principal\nNegotiator, Deputy City Manager Alma Reyes, Human Resources Manager\nKasama Lee, Human Resources Administrator Fanni Acosta and Finance\nDirector Carol Molina as the City’s representatives in negotiations with the\nCMFMA.\n2. Authorize staff to have the independent fiscal analysis of the current CMFMA\n2017-2024 Memorandum of Understanding (MOU) completed per the\nrequirements of the Transparency in Labor Negotiations Council Policy.\nAT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT\nCALENDAR

2. READING FOLDER 24-033\nRECOMMENDATION:\nCity Council receive and file Claims received by the City Clerk: Joseph Arriola,\nTimothy Campagna, Khosrow Jahanbin, Debbie Kaste, William Laidlaw, Walter\nMacDonald, Kamran Moghaddam, Tomsit Ungrangsee.

5. AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES 24-027\nAGREEMENT (PSA) WITH KEYSER MARSTON ASSOCIATES (KMA)\nFOR AFFORDABLE HOUSING CONSULTING SERVICES\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve and authorize the City Manager and City Clerk to execute\nAmendment No. 4 to the Professional Services Agreement (PSA) with\nKeyser Marston Associates, Inc. (KMA) to increase the not-to-exceed\namount by $55,300 for a total of $155,300, in substantially the same form as\nattached and in such final form as approved by the City Attorney.\n2. Authorize the City Manager or designee and City Clerk to execute future\namendments to the agreement, so long as such amendments are within the\nexisting City budget.\nAttachments: 1. PSA Amend. No. 4\nREDEVELOPMENT AGENCY AND

6. SPENDING AUTHORIZATION APPROVAL FOR ON-CALL 24-046\nENVIRONMENTAL, TECHNICAL AND STAFFING SERVICES LIST\nRECOMMENDATION:\nStaff recommends the Council:\n1. Approve and authorize the City Manager and City Clerk to authorize\nspending authority with each consulting firm listed below through June 30,\n2025, in such final form as approved by the City Attorney for on-call\nenvironmental, technical, and staffing services:\n· Dudek\n· ECORP Consulting, Inc.\n· Environmental Science Associates\n· FCS International, Inc.\n· Galvin Preservation Associates, Inc.\n· LSA Associates, Inc.\n· Michael Baker International\n· PlaceWorks, Inc.\n· PSOMAS\n· Sagecrest Planning and Environmental\n· Stantec Consulting Services\n· The Natelson Dale Group, Inc.\n2. Authorize the City Manager and City Clerk to execute future amendments\nand spending authority with the above-listed firms including any potential\nincreases in compensation as long as the amendments are pass-through\ncosts from entitlement application deposit accounts or within the City’s\nannual budget.\nAttachments: 1. PSA Environmental List\nREDEVELOPMENT AGENCY AND

7. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION 24-026\nPROJECT, FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT\nNO. 23-11\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Adopt plans, specifications, and working details for the Adams Avenue and\nPinecreek Drive Intersection Project, Federal Project No. CML-5312(104),\nCity Project No. 23-11, and find the project categorically exempt from CEQA.\n2. Approve a Public Works Agreement (PWA) in the amount of $2,877,242, and\na ten percent (10%) contingency in the amount of $287,724 to Gentry\nGeneral Engineering, Inc., 320 West Tropica Rancho Road, Colton,\nCalifornia 92324.\n3. Approve a Professional Services Agreement (PSA) in the amount of\n$209,762 and a ten percent (10%) contingency in the amount of $20,976, to\nInterwest Consulting Group, Inc., 444 North Cleveland Avenue, Loveland,\nColorado 80537, for construction management services for the Adams\nAvenue and Pinecreek Drive Intersection Project.\n4. Approve a budget transfer, authorizing the use of the Measure “M2”\nFairshare Fund from the Citywide Street Improvements project budget\n(400015) in the amount of $705,500, and appropriation of $750,000 from the\nTraffic Impact Fee Fund balance, to the Adams Avenue and Pinecreek Drive\nIntersection Project.\n5. Authorize the City Manager and the City Clerk to execute the PWA and the\nPSA and any future amendments to the agreement within Council authorized\nlimits.\nENVIRONMENTAL DETERMINATION:\nThe proposed project is exempt from the California Environmental Quality Act\n(CEQA). The project involves an organizational or administrative activity of\ngovernment that will not result in direct or indirect physical change in the\nenvironment. The proposed project is categorically exempt under Section 15301\nrelating to the operation, repair, maintenance, permitting, and/or minor alteration\nof existing public facilities. A Notice of Exemption was prepared by City Staff and\nwas filed and posted at the Orange County Clerk-Recorder Department on\nMarch 4, 2022. The Notice of Exemption was subsequently posted to the Office\nof Planning and Research on March 22, 2022.\nThe proposed project is categorically excluded from the National Environmental\nPolicy Act (NEPA). Per the Code of Federal Regulations 23 CFR 771.117(c)(3),\nREDEVELOPMENT AGENCY AND\nthe construction of bicycle and pedestrian lanes, paths, and facilities are\nconsidered actions that meet the criteria for categorical exclusions from NEPA\nand are deemed to not have any significant environmental impacts. A\nPreliminary Environmental Study classifying the project as categorically\nexcluded was submitted to the California Department of Transportation\n(Caltrans) on December 20, 2021. On December 21, 2021, Caltrans provided\nconcurrence with the NEPA determination of Categorical Exclusion.\nAttachments: 1. Bid Abstract\n2. Interwest Proposal

8. AWARD MAINTENANCE SERVICES AGREEMENTS FOR AS 24-048\nNEEDED FIRE EQUIPMENT MAINTENANCE, ANNUAL INSPECTION\nAND TESTING SERVICES\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Award Maintenance Services Agreements (MSAs) to Bit Pros, Incorporated,\nand Performance Truck Repair, Incorporated, for as needed fire equipment\nmaintenance, annual inspection and testing services for a five-year period,\nfor an annual amount of $200,000.\n2. Authorize a ten percent (10%) contingency of $20,000 annually for\nunforeseen costs and approval for Consumer Price Index (CPI) escalation\nand de-escalation.\n3. Authorize the City Manager and City Clerk to execute the agreements and\nfuture amendments to the agreements within Council authorized limits.\nAttachments: 1. MSA - Performance Truck Repair\n2. MSA - Bit Pros Inc\nREDEVELOPMENT AGENCY AND

9. APPROVE INCREASES IN PURCHASING AUTHORITY TO 24-049\nAGREEMENTS FOR VEHICLE PARTS AND SERVICES\nRECOMMENDATION:\nStaff recommends the City Council:\nApprove and authorize the City Manager to execute change orders that would\nauthorize an increase in purchase authority of up to $175,000 to each of the\nfollowing purchase orders for services and vehicle parts for the remainder of the\ncurrent fiscal year and annually thereafter:\n· Ford Motor Company\n· NAPA Auto Parts\n· South Coast Emergency Vehicle Services\n· Southern California Fleet Services

1. CITY OF COSTA MESA, COSTA MESA FINANCING AUTHORITY, 24-045\nAND COSTA MESA HOUSING AUTHORITY FINANCIAL\nSTATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR\nTHE PERIOD ENDING JUNE 30, 2023.\nRECOMMENDATION:\n1. Staff recommends the City Council receive and file the following reports for\nthe fiscal year ended June 30, 2023:\na. Annual Comprehensive Financial Report (ACFR) (Attachment 1).\nb. Air Quality Improvement Fund Compliance Report (Attachment 2).\nc. Audit Communication Letter (Attachment 3).\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 Financing Authority\nreceive and file the Costa Mesa Financing Authority audited financial\nstatements for the fiscal year ended June 30, 2023 (Attachment 5).\n3. Staff recommends the City Council and Housing Authority receive and file\nthe following reports for the fiscal year ended June 30, 2023:\na. Independent Financial Audit of the Costa Mesa Housing Authority,\nincluding the Low and Moderate Income Housing Asset Fund\n(Attachment 6); and\nb. The Fiscal Year 2022-23 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 7).\nAttachments: 1. FY 2022-23 Annual Comprehensive Financial Report\n2. FY 2022-23 Air Quality Improvement Fund Compliance\nReport\n3. FY 2022-23 Audit Communication Letter\n4. FY 2022-23 Report on Agreed-Upon Procedures Applied to\nAppropriation Limit Worksheets\n5. FY 2022-23 Costa Mesa Financing Authority Financial\nStatements\n6. FY 2022-23 Costa Mesa Housing Authority Financial\nStatements\nREDEVELOPMENT AGENCY AND

2. URBAN MASTER PLAN SCREENING REQUEST (UMP-21-007) FOR A 24-038\nMIXED-USE DEVELOPMENT AT THE CITY’S SENIOR CENTER TO\nCONSTRUCT AND OPERATE A 60-UNIT AFFORDABLE SENIOR\nHOUSING PROJECT LOCATED AT 695 WEST 19TH STREET\nRECOMMENDATION:\nStaff recommends the City Council review and provide feedback on the\nproposed 60-unit mixed-use development at 695 West 19th Street located in the\n19 West Urban Plan area.\nAttachments: Agenda Report\n1. Urban Plan Summary\n2. Applicant Letter\n3. Conceptual Plans\n4. Parking Analysis

3. “THE 12” GYM NOISE STUDY 24-037\nRECOMMENDATION:\nStaff recommends the City Council receive and file the noise study report\nprepared by Sound Media Fusion related to resident concerns regarding\npotential noise ordinance violations from business operations at “The 12” gym,\nlocated at 140 East 17th Street, Suite B, in Costa Mesa.\nAttachments: Agenda Report\n1. Letter to Wendy Simao\n2. Noise Study\n3. PA-92-46 and RA-92-07 Report\n4. ZA-02-29 Report\n5. ZA-18-59 Report\nREDEVELOPMENT AGENCY AND

4. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING 24-053\nBETWEEN THE CITY OF COSTA MESA (CITY) AND THE COSTA\nMESA FIREFIGHTERS ASSOCIATION (CMFA) AND THE ADOPTION\nOF ACCOMPANYING SALARY RESOLUTION FOR CMFA\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve and Adopt the Memorandum of Understanding between the City\nof Costa Mesa and CMFA.\n2. Approve and Adopt Resolution Number 2024-XX revising the pay ranges\nfor CMFA.\n3. Authorize the City Manager and members of the City’s Negotiation Team\nto execute the Memorandum of Understanding documents.\nAttachments: 1. CMFA Resolution\n2. CMFA 2024 MOU\nREDEVELOPMENT AGENCY AND

5. ADOPT RESOLUTION APPROVING FY 2024-25 RECOGNIZED 24-002\nOBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE COSTA\nMESA SUCCESSOR AGENCY AND THEN APPROVE DISSOLUTION\nOF THE SUCCESSOR AGENCY TO THE COSTA MESA\nREDEVELOPMENT AGENCY\nRECOMMENDATION:\nStaff recommends the City Council/Successor Agency Board:\n1. Approve a Resolution of the City Council/Successor Agency Board of\nthe City of Costa Mesa, California, approving the Recognized Obligation\nPayment Schedule (ROPS) in the amount of $0 for the Fiscal Year 2024\n-25 (Attachment 1 and Exhibit A).\n2. Approve a Resolution of the City Council/Successor Agency Board of\nthe City of Costa Mesa, California, requesting the Oversight Board,\nOrange County Auditor-Controller and California Department of Finance\napprove of the dissolution of the Successor Agency to the Costa Mesa\nRedevelopment Agency (Attachment 2).\n3. Direct the submission of the Resolutions to the Orange County\nAuditor-Controller and the California State Department of Finance.\nAttachments: 1. Resolution ROPS FY 2023-24\n2. Resolution to Dissolve the Successor Agency\n3. Exhibit A -ROPS Payment Schedule 24-25

PRESENTATIONS:\n1. Proclamation: 2024 Black History Month 24-047\nAttachments: Proclamation: 2024 Black History Month\nREDEVELOPMENT AGENCY AND\n2. Proclamation: 211 OC Month 24-063\nAttachments: Proclamation: 211 OC Month

1. REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY 24-031\nPLANNING APPLICATION 22-22 FOR A CONDITIONAL USE PERMIT\nTO OPERATE A RETAIL CANNABIS STOREFRONT BUSINESS WITH\nDELIVERY LOCATED AT 1858 NEWPORT BOULEVARD (“EVOLV\nHERBAL”)\nRECOMMENDATION:\nStaff recommends the City Council review the Planning Commission’s decision\nto deny Planning Application 22-22.\nAttachments: Agenda Report\n1. Resolution for Approval\n2. Resolution for Denial\n3. Filed Review Application\n4. Applicant supplemental letter\n5. Planning Commission approved minutes\n6. Planning Commission Resolution\n7. Planning Commission Public Comments