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REGULAR CITY COUNCIL AND HOUSING AUTHORITY*

September 2, 2025 ·6:00 PM Final Amended ·*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session

City Council Chambers 77 Fair Drive

Agenda PDF 📹 Watch video Official record ↗

Agenda — 76 items

  1. 1 Council Member Marr will be attending the meeting via Zoom Webinar from: 1127 Gambel Oak Way, Park City UT.
  2. 2 The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.
  3. 3 TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements. Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
  4. 4 Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv. Closed Captioning is available via the Zoom option in English and Spanish.
  5. 5 Members of the public are welcome to speak during the meeting when the Mayor opens the floor for public comment. There is no need to register in advance or complete a comment card. When it's time to comment, line up at one of the two podiums in the room and wait for your turn. Each speaker will have up to 3 minutes (or as directed) to address the City Council. To maintain a respectful and orderly atmosphere during the meeting, attendees shall refrain from using horns or amplified speakers. Signs and props may be brought into the Chamber, provided they do not hinder the visibility of other attendees. The possession of poles, sticks, or stakes is strictly prohibited. All attendees must remain seated while in the chamber until instructed by the Presiding Officer to approach and line up for public comment. To ensure safety and maintain order during the proceedings, standing or congregating in the aisles or foyer is strictly prohibited. Further information regarding the City's regulations on addressing the City Council and expected conduct during meetings are available at the following links. Title 2: Administration § 2-61: Conduct while addressing the council. https://ecode360.com/42609578 Title 2: Administration § 2-64: Disorderliness by members of the audience. https://ecode360.com/42609598
  6. 6 As a courtesy, the public may participate via the Zoom option. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar: https://us06web.zoom.us/j/89982812676?pwd=oX6BGzSScr92QUVyg1m0SN8HSTnoqj.1 Or sign into Zoom.com and “Join a Meeting” Enter Webinar ID: 899 8281 2676/ Password: 772583 • If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically. • Select “Join Audio via Computer.” • The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins. • During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
  7. 7 Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 899 8281 2676/ Password: 772583 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed. Note, if you have installed a zoom update, please restart your computer before participating in the meeting.
  8. 8 Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at cityclerk@costamesaca.gov. Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to cityclerk@costamesaca.gov, submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting. Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
  9. 9 Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or cityclerk@costamesaca.gov and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
  10. 10 Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at cityclerk@costamesaca.gov NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
  11. 11 Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
  12. 12 All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
  13. 13 Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
  14. 14 As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability. A minimum number of hard copies of the agenda will be available in the Council Chambers. For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.
  15. 15 In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR 35.102.35.104 ADA Title II].
  16. 16 PAGE BREAK
  17. 17 CLOSED SESSION - 4:00 P.M.
  18. 18 CALL TO ORDER
  19. 19 ROLL CALL
  20. 20 PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
  21. 21 CLOSED SESSION ITEMS:
  22. 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO CASES Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
  23. 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.
  24. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: RDK Group Holdings, LLC v. City of Costa Mesa, Orange County Superior Court Case No. 30 2025 0149581 CU WM WJC
  25. 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Farrell Harrison v. City of Costa Mesa, et al., Orange County Superior Court Case No. 30-2025-01495293-CU-WM-CJC
  26. 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE
  27. 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Perdomo, et al. v. Noem, et al., United States District Court for the Central District of California Case No. 2:25-cv-05605-MEMF-SP
  28. 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: DBO Investments CM, LLC v. Costa Mesa Orange County Superior Court Case No. 30-2023-01360125-CU-CR-NJC.
  29. 29 PAGE BREAK
  30. 30 REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY SEPTEMBER 2, 2025 – 6:00 P.M.
  31. 31 JOHN STEPHENS Mayor MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3 ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2 JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1 KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY City Attorney Interim City Manager
  32. 32 CALL TO ORDER
  33. 33 NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
  34. 34 MOMENT OF SOLEMN EXPRESSION
  35. 35 ROLL CALL
  36. 36 CITY ATTORNEY CLOSED SESSION REPORT
  37. 37 PRESENTATIONS:
  38. 1. Proclamation: 2025 Hunger Action Month
  39. 39 PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.
  40. 40 PAGE BREAK
  41. 41 COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.
  42. 1. Council Member Pettis
  43. 2. Council Member Buley
  44. 3. Council Member Gameros
  45. 4. Council Member Marr
  46. 5. Council Member Reynolds
  47. 6. Mayor Pro Tem Chavez
  48. 7. Mayor Stephens
  49. 49 REPORT – CITY MANAGER
  50. 50 REPORT – CITY ATTORNEY
  51. 51 CONSENT CALENDAR
  52. 1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND RESOLUTIONS 25-422
  53. 2. READING FOLDER 25-423
  54. 3. ADOPTION OF WARRANT RESOLUTION 25-404
  55. 4. MINUTES 25-424
  56. 5. AGREEMENT FOR A SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE CITY OF COSTA MESA AND NEWPORT-MESA UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2025-2026 25-386
  57. 6. MAINTENANCE SERVICES AGREEMENTS FOR ON-CALL HVAC MAINTENANCE AND REPAIRS 25-416
  58. 58 AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT CALENDAR
  59. 59 ------------------------------END OF CONSENT CALENDAR-------------------------------
  60. 60 PAGE BREAK
  61. 61 PUBLIC HEARINGS:
  62. 1. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER XVI (PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 11 (OFFENSES-MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY 25-379
  63. 2. FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2024060115), GENERAL PLAN AMENDMENT, REZONE, SPECIFIC PLAN AMENDMENT, MASTER PLAN, VESTING TENTATIVE PARCEL MAP, DENSITY BONUS, AND DEVELOPMENT AGREEMENT FOR HIVE LIVE, A THREE-PHASED, 1,050-UNIT, RESIDENTIAL DEVELOPMENT WITH 3,692-SQUARE-FOOT RETAIL COMPONENT AT 3333 SUSAN STREET 25-421
  64. 3. APPEAL OF THE DIRECTOR OF DEVELOPMENT SERVICES’ DETERMINATION THAT CANNABIS BUSINESS PERMIT MQ-21-15 FOR A CANNABIS STOREFRONT LOCATED AT 2301 NEWPORT BOULEVARD (CULTURE CANNABIS CLUB) IS NON-OPERATIONAL AND ABANDONED 25-394
  65. 65 OLD BUSINESS:
  66. 1. SECOND READING AND ADOPTION OF AN ORDINANCE TO REZONE THE PROJECT SITE FROM ADMINISTRATIVE AND PROFESSIONAL (AP) TO MULTIPLE FAMILY RESIDENTIAL (R3) FOR THE 142 UNIT RESIDENTIAL OWNERSHIP PROJECT LOCATED AT 3150 BEAR STREET (MERITAGE HOMES) 25-403
  67. 2. AWARD OF THE TEWINKLE PARK LAKES REPAIR AND REHABILITATION PROJECT, CITY PROJECT NO. 24-12, AND FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL EXEMPTION 25-390
  68. 3. AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR CATEGORY 6A (CAT6A) STRUCTURED CABLING AND VERKADA CAMERA INSTALLATION WITH BCS CONSULTANTS 25-388
  69. 4. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESULTS OF THE ORANGE COUNTY POWER AUTHORITY (OCPA) FEASIBILITY STUDY 25-417
  70. 70 PAGE BREAK
  71. 71 NEW BUSINESS:
  72. 1. AWARD OF THE FAIRVIEW ROAD ACTIVE TRANSPORTATION AND REHABILITATION PROJECT, CITY PROJECT NO. 25-10, STATE PROJECT NO. CRASL-5312(106), AND FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL EXEMPTION 25-389
  73. 2. UPDATE ON SUPPORT SERVICES AND ASSISTANCE FOR RESIDENTS AND TRACKING OF AT-FAULT EVICTIONS 25-418
  74. 3. UPDATE ON OPTIONS FOR LEGAL ASSISTANCE FOR RESIDENTS AND POTENTIAL PARTICIPATION IN LAWSUIT CHALLENGING ROAMING IMMIGRATION ENFORCEMENT PATROLS 25-436
  75. 75 ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
  76. 76 ADJOURNMENT