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REGULAR CITY COUNCIL AND HOUSING AUTHORITY*

February 6, 2024 ·6:00 PM Final ·*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session

City Council Chambers 77 Fair Drive

Official record ↗

Agenda — 63 items

  1. 1 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 system outages or experiencing other critical issues, the meeting will continue in person.
  2. 2 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.
  3. 3 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. As a courtesy, and technology permitting, members of the public may also attend online. Technical difficulties may occur from time to time and unless required by the Brown Act, the meeting will continue despite the technical difficulties for participants using the online option.
  4. 4 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/81879579049?pwd=_XoNBT2uciL7zrDsfj4A9Q9srLgExg.bQEU-le6VvXjPDeL Or sign into Zoom.com and “Join a Meeting” Enter Webinar ID: 818 7957 9049/ Password: 608584 • 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.
  5. 5 Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 818 7957 9049/ Password: 608584 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.
  6. 6 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. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
  7. 7 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.
  8. 8 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. 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.
  9. 9 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.
  10. 10 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.
  11. 11 Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
  12. 12 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.
  13. 13 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].
  14. 14 PAGE BREAK
  15. 15 CLOSED SESSION - 4:00 P.M.
  16. 16 CALL TO ORDER
  17. 17 ROLL CALL
  18. 18 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.
  19. 19 CLOSED SESSION ITEMS:
  20. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 APN:139-031-62,139-651-14 Property:1683 Sunflower Avenue, Costa Mesa, CA 92626 Agency Negotiator: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Brent Stoll, Rose Equities
  21. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) City of Grants Pass, Petitioner v. Johnson, et al., Respondents, 9th Cir. Ct. of Appeals Nos. 20-35752 & 20-35881 (Johnson v. Grants Pass), United States Supreme Court Case # 23-175.
  22. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Moyer v. Costa Mesa, Orange County Supreme Court Case No. 30-2022-01248290.
  23. 23 PAGE BREAK
  24. 24 REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY FEBRUARY 6, 2024 – 6:00 P.M.
  25. 25 JOHN STEPHENS Mayor JEFFREY HARLAN ANDREA MARR Mayor Pro Tem - District 6 Council Member - District 3 MANUEL CHAVEZ LOREN GAMEROS Council Member - District 4 Council Member - District 2 ARLIS REYNOLDS DON HARPER Council Member - District 5 Council Member - District 1 KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON City Attorney City Manager
  26. 26 CALL TO ORDER
  27. 27 NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
  28. 28 MOMENT OF SOLEMN EXPRESSION
  29. 29 ROLL CALL
  30. 30 CITY ATTORNEY CLOSED SESSION REPORT
  31. 31 PRESENTATIONS:
  32. 1. Proclamation: 2024 Black History Month 24-047
  33. 33 PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Comments on Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.
  34. 34 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.
  35. 1. Council Member Harper
  36. 2. Council Member Marr
  37. 3. Council Member Reynolds
  38. 4. Council Member Chavez
  39. 5. Council Member Gameros
  40. 6. Mayor Pro Tem Harlan
  41. 7. Mayor Stephens
  42. 42 REPORT – CITY MANAGER
  43. 43 REPORT – CITY ATTORNEY
  44. 44 CONSENT CALENDAR
  45. 1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND RESOLUTIONS 24-032
  46. 2. READING FOLDER 24-033
  47. 3. ADOPTION OF WARRANT RESOLUTION 24-034
  48. 4. MINUTES 24-035
  49. 5. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT, FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT NO. 23-11 24-026
  50. 6. AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES AGREEMENT (PSA) WITH KEYSER MARSTON ASSOCIATES (KMA) FOR AFFORDABLE HOUSING CONSULTING SERVICES 24-027
  51. 51 AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT CALENDAR
  52. 52 ------------------------------END OF CONSENT CALENDAR-------------------------------
  53. 53 PAGE BREAK
  54. 54 PUBLIC HEARINGS:
  55. 1. REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY PLANNING APPLICATION 22-22 FOR A CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS STOREFRONT BUSINESS WITH DELIVERY LOCATED AT 1858 NEWPORT BOULEVARD (“EVOLV HERBAL”) 24-031
  56. 56 OLD BUSINESS: NONE.
  57. 57 PAGE BREAK
  58. 58 NEW BUSINESS:
  59. 1. ADOPT RESOLUTION APPROVING FY 2024-25 RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE COSTA MESA SUCCESSOR AGENCY AND THEN APPROVE DISSOLUTION OF THE SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY
  60. 2. “THE 12” GYM NOISE STUDY 24-037
  61. 3. URBAN MASTER PLAN SCREENING REQUEST (UMP-21-007) FOR A MIXED-USE DEVELOPMENT AT THE CITY’S SENIOR CENTER TO CONSTRUCT AND OPERATE A 60-UNIT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 695 WEST 19TH STREET 24-038
  62. 62 ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
  63. 63 ADJOURNMENT