Costa Mesa — 2024-09-03

CLOSED SESSION ITEMS:\n1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nPursuant to California Government Code Section 54956.9 (d)(1)\nName of Case: Murtaugh v. City of Costa Mesa\nOrange County Superior Court Case No. 30-2022-01295556-CU-PO-CJC\n2. CONFERENCE WITH LABOR NEGOTIATORS\nPursuant to California Government Code Section 54957.6,(a)\nAgency Designated Representative: Lori Ann Farrell Harrison, City Manager\nName of Employee Organization: Costa Mesa City Employees Association (CMCEA).\nAUTHORITY*

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL 24-324\nORDINANCES AND RESOLUTIONS\nRECOMMENDATION:\nCity Council and Housing Authority approve the reading by title only and waive\nfurther reading of Ordinances and Resolutions.

10. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY 24-322\nREPORT “LAW ENFORCEMENT’S RESPONSE TO MENTAL HEALTH\nCALLS FOR SERVICE”\nRECOMMENDATION:\nStaff recommends the City Council approve and file the response letter to the\n2023-2024 Orange County Grand Jury (OCGJ) Report “Law Enforcement’s\nResponse to Mental Health Calls for Service”.\nAttachments: 1. Grand Jury Report - Law Enforcement's Response to Mental\nHealth Calls for Service\n2. OCGJ Response letter\nAT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT\nCALENDAR

2. READING FOLDER 24-327\nRECOMMENDATION:\nCity Council receive and file Claims received by the City Clerk: Carlos\nAgramonte Cesar, James Abeltin, Sydni Cain, Monticello Community\nAssociation, Jeffrey Moore.\nAUTHORITY*

5. DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR THE 24-319\n2024 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE\nRECOMMENDATION:\nStaff recommends the City Council designate City Manager Lori Ann Farrell\nHarrison as Costa Mesa’s voting delegate and both Assistant City Manager\nCecilia Gallardo-Daly and Deputy City Manager Alma Reyes as the alternates\nfor the 2024 League of California Cities Annual Conference.

6. BIENNIAL REVIEW OF CITY’S CONFLICT OF INTEREST CODE 24-303\nRECOMMENDATION:\nStaff recommends the City Council approve Resolution No. 2024-xx revising the\nlist of designated positions in the City’s Conflict of Interest Code.\nAttachments: 1. 2024 Conflict of Interest Positions\n2. Resolution No. 2024- XX\nAUTHORITY*

7. AWARD OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING 24-317\nDESIGN SERVICES FOR COSTA MESA COMMUNICATIONS\nCENTER PROJECT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve a Professional Services Agreement (PSA) for two years with two\none-year renewals in the amount of $178,304 to ITZEN Architects, Inc., 1800\nN. Bristol St., Santa Ana, CA 92706 for architectural and engineering design\nservices.\n2. Authorize a ten percent (10%) contingency in the amount of $17,800 for\nunforeseen costs related to the project.\n3. Authorize the City Manager and City Clerk to execute the PSA and any future\namendments to the agreement.\nAttachments: 1. PSA

8. AMENDMENT NO. 1 TO NON-EXCLUSIVE FRANCHISE 24-296\nAGREEMENT(S) FOR DISCARDED MATERIALS MANAGEMENT FOR\nMULTI-FAMILY AND COMMERCIAL GENERATORS AND FOR\nPROVIDING TEMPORARY SOLID WASTE HANDLING SERVICES\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the language of Amendment No. 1 to the Non-Exclusive Franchise\nAgreements for Discarded Materials Management for Multi-Family and\nCommercial Generators and for providing Temporary Solid Waste Handling\nServices allowing customers increased flexibility to opt out of hauler service\nagreements.\n2. Authorize the Public Works Director to execute Amendment No. 1 to the\nNon-Exclusive Franchise Agreements with each of the seven waste haulers,\nin substantial form as set forth in Attachment No. 2.\nAttachments: 1. Non-Exclusive Franchise Agreement with Signatures\n2. Amendment No. 1\nAUTHORITY*

9. RESPONSES TO ORANGE COUNTY GRAND JURY REPORT - 24-320\nTALKING TRASH: RECYCLABLES AND ORGANIC WASTE\nRECOMMENDATION:\nStaff recommends the City Council approve the draft responses to Findings 1-9\nand Recommendations 1-7 in the Orange County (OC) Grand Jury Report titled\n“Talking Trash: Recyclables and Organic Waste.”\nAttachments: 1. Orange County Grand Jury Original Report\n2. CA Penal Code Sections 933 and 933.05\n3. 2024 Grand Jury Responses

1. GENERAL PLAN AMENDMENT (PSCR-24-0004) SCREENING FOR A 24-321\nPROPOSED RESIDENTIAL DEVELOPMENT ON A 6.125 ACRE SITE\nLOCATED AT 3150 BEAR STREET\nRECOMMENDATION:\nProvide direction regarding an applicant requested General Plan Amendment\nassociated with the proposed development of 146 residential units at 3150 Bear\nStreet. In addition to the General Plan Amendment, the application would also\ninclude a related change to the property’s zoning designation to support\nresidential development, and a density bonus in conjunction with providing eight\nvery-low-income units. All of the units in the development are proposed for\nindividual ownership.\nAttachments: Agenda Report\n1. Applicant Letter\n2. Plans

2. CITY COUNCIL FIRST READING OF ORDINANCE TO INCREASE 24-323\nCITY COUNCIL COMPENSATION\nRECOMMENDATION:\nStaff recommends the City Council introduce for first reading, by title only,\nOrdinance No. 2024-XX increasing the City Council compensation effective after\nthe general election, with the new City Council in December 2024.\nAttachments: 1. Council Salaries Ordinance

1. SECOND READING OF AN ORDINANCE APPROVING THE FIRST 24-318\nAMENDMENT (DA-20-05) TO DEVELOPMENT AGREEMENT\n(DA-94-01) BETWEEN THE CITY OF COSTA MESA AND THE\nINTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB\nALLOWING FOR A 20-YEAR TIME EXTENSION THAT WOULD\nEXPIRE OCTOBER 31, 2044; AMENDING PROVISIONS PERTAINING\nTO THE RATE AND METHODOLOGY FOR CALCULATING TRAFFIC\nIMPACT FEES; AND, AMENDING PROVISIONS RELATED TO THE\nSETBACK OF A FUTURE PARKING STRUCTURE; FOR A\nPROPERTY LOCATED AT 3333 FAIRVIEW ROAD\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Find, pursuant to CEQA Guidelines Section 15162, that the project is within\nthe scope of the June 20, 1994-certified Final Environmental Impact Report\n(EIR) #1045 (State Clearing House No. 94021036) for the Auto Club\nExpansion project. The effects of the project were examined in the 1994\nFEIR, and all feasible mitigation measures and alternatives developed in the\n1994 FEIR are incorporated into this project, and no new mitigation\nmeasures are required. Therefore, the 1994 FEIR for the Automobile Club\nExpansion project is determined to be adequate to serve as the\nenvironmental documentation for this project, that no further environmental\nreview is required, and that all requirements of CEQA are satisfied.\n2. Give second reading to and adopt, by title only, Ordinance 2024-XX\napproving the First Amendment (DA-20-05) to the Automobile Club of\nSouthern California Development Agreement (DA-94-01) to allow for a 20\n-year time extension that would expire October 31, 2044; to amend\nprovisions pertaining to the rate and methodology for calculating traffic\nimpact fees; and to amend provisions related to the setback of a future\nparking structure.\nAttachments: Agenda Report\n1. Ordinance\n2. Development Agreement Track Changes\n3. City Council August 6, 2024 Report