Loading...
HomeMy WebLinkAboutCC-4 - 26-297 - 3. 04-21-2026 Draft Minutes - 5/19/2026 Minutes – Regular Meeting April 21, 2026 Page 1 of 11 REGULAR CITY COUNCIL AND HOUSING AUTHORITY APRIL 21, 2026 - MINUTES CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m. ROLL CALL Present: Council Member Buley, Council Member Gameros (arrived at 4:05 p.m.), Council Member Marr, Council Member Pettis, Mayor Pro Tem Chavez, and Mayor Stephens. Absent: Council Member Reynolds. PUBLIC COMMENTS – NONE. CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) National Opioids Settlements: Associated Pharmacies, Inc (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (Remnant Defendants) United States District Courts, Northern District of Ohio, MDL No. 2804 Rubris Reference Number: CL-1763034 2. 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 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation. 4. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation. City Council recessed at 4:03 p.m. for Closed Session. Minutes – Regular Meeting April 21, 2026 Page 2 of 11 Council Member Gameros recused himself from Closed Session at 4:40 p.m. based on a conflict. Closed Session adjourned at 5:00 p.m. CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the Mayor led the Pledge of Allegiance. MOMENT OF SOLEMN EXPRESSION – Led by Pastor Phil Eyskens, Lighthouse Church. ROLL CALL Present: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Absent: None. CITY ATTORNEY CLOSED SESSION REPORT – Ms. Hall Barlow reported that one action was taken on closed session item number 1, the City Council approved joining the following six (6) settlements in the National Opioid Litigation: Associated Pharmacies, Inc.; J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. The motion was made by Mayor Pro Tem Chavez and seconded by Mayor Stephens, on a 6-0 vote authorizing the City Attorney’s Office to join the settlement, and authorizing the City Manager to approve further settlements with additional defendants as they may come. MOVED/SECOND: Mayor Pro Tem Chavez/Mayor Stephens MOTION: Authorize the City Attorney’s Office to join the settlement on Closed Session item no. 1 regarding the following six (6) cases: Associated Pharmacies, Inc.; J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc., and authorized the City Manager to approve further settlements with additional defendants as they may come. The motion carried by the following roll call vote: Ayes: Council Member Buley Council Member Gameros, Council Member Marr, Council Member Pettis, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: Council Member Reynolds. Abstain: None. Motion carried: 6-0 PRESENTATIONS: NONE. PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Speaker, spoke on overgrowth at Fairview Park and mitigating fire risks, illegal activity at Fairview Park, spoke on e-bike safety measures and the need for more trails and less e-bikes. Minutes – Regular Meeting April 21, 2026 Page 3 of 11 Speaker, requested to amend or cancel the Flock contract, and spoke on data sharing and misuse of the system. Rachel Godwin, Costa Mesa, requested to cancel the Flock contract and requested a network audit. Speaker, requested to cancel the Flock contract. Speaker, spoke on the legacy City Council would like to leave, encouraged decision making to serve the community, thanked the City Council for removing a tree that was about to fall, and thanked the City Council for their committee nominations. Speaker, spoke in favor of a Trap Neuter Return Ordinance. Fisher Derderian, spoke on the need for a special fund for the Arts Commission for public art, and recommended $60,000 for partnering with Bright Youth. Speaker, requested to cancel the Flock contract, and spoke on the dangers regarding tracking women. Speaker, spoke on immigration. Cynthia McDonald, Costa Mesa, expressed dismay that the City Council did not adopt an Ethics policy. Eric Jimenez, spoke in favor of a partnership / collaboration with Bright Youth for more art in the City, requested more information on the Shalimar Park expansion project and if it would remove healthy mature trees, and spoke in support of canceling the Flock contract. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Marr spoke on attending the Police Department employee recognition breakfast, spoke on the Flock contract and exploring other vendors, spoke on the Arts budget and cannabis funding and requested to discuss it further during the mid-year budget discussion, and spoke on supporting or bringing back an amended Ethics Policy. Council Member Reynolds spoke in support of revisiting the Flock contract and revisiting an amended Ethics policy, spoke on addressing the fire risks at Fairview Park, spoke on an upcoming Arts Commission presentation, spoke on attending a meeting in Sacramento with Mr. Martin, Transportation Services Manager regarding safety on Newport Blvd., thanked Mr. Robbins, Neighborhood Improvement Manager, for presenting to the Children’s Leadership Retreat with Grace Fellowship Church, thanked staff for the Cruise the Loop event and Earth Day event, thanked Mr. Arios and team for their work on a cell tower project, and thanked Ms. Munoz for her service to the City Council. Minutes – Regular Meeting April 21, 2026 Page 4 of 11 Council Member Pettis spoke on engaging with the public and that he will be holding a Once-a-Month Eastside Exchange, spoke on funding for Arts in the City, spoke on the Country’s Anniversary and supports art that commemorates the milestone, spoke on an amended Ethics Policy, and thanked Ms. Munoz for her service to the City Council. Council Member Buley thanked Ms. Munoz for her service to the City Council, welcomed feedback from the community on the Fairview Developmental Center Specific Plan, spoke on the benefits of the Flock system and also researching alternative providers, thanked staff for helping a constituent with an overgrown tree, praised the Cruise the Loop event, and requested more information on the Arts Commission budget. Council Member Gameros congratulated Officer Osborne for receiving the Officer of the Year Award, welcomed probationary Fire Fighters to Costa Mesa, spoke on providing feedback on the Fairview Developmental Center Specific Plan, thanked the Police Department for assisting an individual wielding a knife. Mayor Pro Tem Chavez thanked Congressman Min for his donation to the Police Department and to the Parks and Community Services Department and for supporting Costa Mesa, spoke on attending the Finance and Pension Advisory Committee meetings and spoke on a potential Business License Tax ballot measure, spoke on the Flock system and requested updated information, spoke on the Shalimar Park trees being removed and new trees replanted, and spoke on the Arts Commission recommendations on the budget. Mayor Stephens spoke about Fairview Park and noted the Fire Department is evaluating fire risks, spoke on attending the employee recognition event for the Police Department, spoke on the Cruise the Loop event, Farmers Market at Mesa Verde Center, and Earth Day event and planting 250 trees in honor of the Country’s 250th anniversary, spoke on the benefits of the Flock system, thanked Congressman Min for his donation for a real time crime center, and thanked Ms. Munoz for her service to the City Council. REPORT – CITY MANAGER – Ms. Gallardo-Daly spoke on the City funds that were donated to Enough For All and the Somewhere Cares Soup Kitchen, spoke on the $250,000 allocated to the legal defense fund, and recognized Victoria Castillo for the April City Manager Leadership Award. REPORT – CITY ATTORNEY – Ms. Hall Barlow spoke on amendments to the Ethics Policy and that the City Council will need to provide specific direction. CONSENT CALENDAR MOVED/SECOND: Mayor Stephens/Council Member Marr MOTION: Approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 Minutes – Regular Meeting April 21, 2026 Page 5 of 11 1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND RESOLUTIONS ACTION: City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions. 2. READING FOLDER ACTION: City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Kafshi Bennett, Kerry Brennan, Nicholas Wood-Perales, Christopher Riley, Josefina Rodriguez. 3. ADOPTION OF WARRANT RESOLUTION ACTION: City Council approved Warrant Resolution No. 2752. 4. MINUTES ACTION: City Council approved the Minutes of the Regular Meeting on March 17, 2026. 5. ACCEPTANCE OF THE CITY HALL BASEMENT I.T. OFFICES AND TRAINING ROOM REMODEL PROJECT, CITY PROJECT NO. 24-11 ACTION: 1. City Council accepted the work performed by American Construction Company, LLC, dba ACC, 1130 North Kraemer Boulevard, No. 1, Anaheim, California 92806, for the City Hall Basement Information Technology (I.T.) Offices and Training Room Remodel Project, City Project No. 24-11, and authorized the City Clerk to file the Notice of Completion. 2. Authorized the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. The retention has been released per Public Contract Code section 7107(c). 6. APPROPRIATION OF FUNDS FOR THE REHABILITATION OF RENTAL UNITS AT THE JAMES/18TH STREET APARTMENTS ACTION: City Council appropriated and transferred $200,000 from the Housing Trust Fund (Fund 226) to the Costa Mesa Housing Authority James/18th Street Property Fund (Fund 223) to rehabilitate four (4) rental housing units at the James/18th Street apartments. Minutes – Regular Meeting April 21, 2026 Page 6 of 11 7. TWO YEAR EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENT WITH WITTMAN ENTERPRISES, LLC FOR AMBULANCE BILLING AND COST RECOVERY SERVICES RFP 18-03 ACTION: 1. City Council approved Amendment Number Three to extend the term of the Professional Services Agreement for Ambulance Billing and Cost Recovery Services between Wittman Enterprises, LLC and the City of Costa Mesa for two (2) additional years to July 31, 2028, and to increase the per call cost by $1.00 from $23.00 to $24.00. 2. Authorized the City Manager and the City Clerk to execute the Amendment Number Three to Professional Services Agreement and future amendments to the agreement within the City Council’s authorized limits. AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT CALENDAR ---------------------------------------END OF CONSENT CALENDAR---------------------------------------- PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) 1. CONTINUATION REQUEST OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ECONOMIC AND DEVELOPMENT SERVICES DIRECTOR’S DECISION TO DENY A REASONABLE ACCOMMODATION REQUEST TO DEVIATE FROM CERTAIN REQUIREMENTS OF THE ZONING CODE TO OPERATE A SOBER LIVING HOME OPERATED BY THE OHIO HOUSE AT 115 EAST WILSON STREET, UNITS A THROUGH E MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez MOTION: Approve staff recommendation. Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council continued the public hearing item to the June 16, 2026, meeting, pursuant to the applicant’s request. Minutes – Regular Meeting April 21, 2026 Page 7 of 11 2. INTRODUCTION AND FIRST READING OF THE CITY OF COSTA MESA, CALIFORNIA ADDING CHAPTER IV, TRAP-NEUTER-RETURN, TO TITLE 3 OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH A TRAP-NEUTER-RETURN PROGRAM FOR COMMUNITY CATS Presentation by Lt. Selinski. Public Comments: Cara Stewart spoke in support of the ordinance. Speaker, spoke in support of the ordinance. Angela Minjares spoke in support of the ordinance. Speaker, spoke in support of the ordinance. Speaker, spoke in support of the ordinance. Dianne Edmundson spoke in support of the ordinance. Debra Lee spoke in support of the ordinance. Becca Walls spoke in support of the ordinance. Speaker, spoke in support of the ordinance. MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez MOTION: Approve staff recommendation. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council introduced for first reading Ordinance No. 2026-06 adding Title 3 Animal Regulations of the Costa Mesa Municipal Code 3-171 to establish and regulate a Trap-Neuter-Return (TNR) program for community cats within the City of Costa Mesa. Minutes – Regular Meeting April 21, 2026 Page 8 of 11 OLD BUSINESS: 1. ADOPTION OF ORDINANCE AMENDING CHAPTER III OF TITLE 15 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PUBLIC WORKS - DRAINAGE Presentation by Mr. Yang, City Engineer. Discussion ensued on the appeal process and streamlining procedures. City Council recessed to a break at 7:43 p.m. City Council reconvened at 7:51 p.m. Ms. Hall Barlow, City Attorney, noted an error in the proposed ordinance and requested the item be continued to the May 5th City Council meeting for time to review and make the appropriate edits. MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez MOTION: Continue the item to the May 5, 2026, meeting, pursuant to City Attorney Hall Barlow’s request. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council continued the item to the May 5, 2026, meeting, pursuant to City Attorney Hall Barlow’s request. NEW BUSINESS: 1. AMENDMENT NUMBER THREE TO EXTEND THE TERM OF THE PROFESSIONAL SERVICES AGREEMENT WITH FALCK MOBILE HEALTH CORPORATION FOR AMBULANCE SERVICES Presentation by Fire Chief Pyle. Public Comments: None. Discussion ensued on reviewing the contract, administrative costs, history of performance measures, and future expected costs. Minutes – Regular Meeting April 21, 2026 Page 9 of 11 MOVED/SECOND: Mayor Stephens/Council Member Pettis MOTION: Approve staff recommendation. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: 1. City Council approved Amendment Number Three to the Professional Services Agreement with Falck Mobile Health Corp (Previously known as Care Ambulance) to extend the term for the continuation of emergency ambulance operator and support services for two additional years from August 1, 2026 through July 31, 2028 for an amount not to exceed (NTE) $5,020,000, with all other terms and conditions to remain the same as outlined in Amendment Number Two. 2. Authorized a ten percent (10%) contingency in the amount of $502,000 for unforeseen costs. 3. Authorized the City Manager and the City Clerk to execute Amendment Number Three to the Professional Services Agreement and future amendments to the agreement within City Council authorized limits. 2. AWARD OF THE 2025-26 CITYWIDE ALLEY REHABILITATION PROJECT, CITY PROJECT NO. 25-17 Presentation by Mr. Wieske, Assistant City Engineer. Public Comments: Ralph Taboada, Costa Mesa, spoke on a complete assessment for all Capital Improvement Projects. MOVED/SECOND: Council Member Gameros/Mayor Stephens MOTION: Approve staff recommendation. Council Member Reynolds spoke on voting no on the item as she supports incorporating green alleys into the design, and creating opportunities for permeability and water capture. Minutes – Regular Meeting April 21, 2026 Page 10 of 11 MOVED/SECOND: Council Member Gameros/Mayor Stephens MOTION: Approve staff recommendation. The motion carried by the following roll call vote: Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Mayor Pro Tem Chavez, and Mayor Stephens. Nays: Council Member Reynolds. Absent: None. Abstain: None. Motion carried: 6-1 ACTION: 1. City Council made a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301. 2. Adopted plans, specifications, and working details for the 2025-26 Citywide Alley Rehabilitation Project, City Project No. 25-17. 3. Rejected the apparent low bid submitted by Diamond Construction & Design, 638 Camino De Los Mares, #H130-513, San Clemente, California 92673, as non-responsive. 4. Awarded a Public Works Agreement (PWA) for construction to the second lowest bidder to Kalban, Inc., 26450 Ruether Avenue #201, Santa Clarita, California 91350 in the amount of $1,131,951 and authorized an additional ten percent (10%) contingency in the amount of $113,195 as needed for any unforeseen costs related to this project. 5. Authorized the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE. ADJOURNMENT – Mayor Stephens adjourned the meeting at 8:20 p.m. Minutes – Regular Meeting April 21, 2026 Page 11 of 11 Minutes adopted on this 19th day of May, 2026. ___________________________ John Stephens, Mayor ATTEST: ___________________________ Brenda Green, City Clerk