HomeMy WebLinkAbout00 - - Agenda - 8/3/2021AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 1
AMENDED AGENDA
CITY OF COSTA MESA
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY*
*NOTE: ALL AGENCY MEMBERSHIPS ARE REFLECTED IN THE TITLE “COUNCIL MEMBER.”
CLOSED SESSION ITEM #4 HAS BEEN ADDED.
TUESDAY, AUGUST 3, 2021
COUNCIL CHAMBERS AND VIRTUAL LOCATIONS
77 FAIR DRIVE COSTA MESA, CALIFORNIA
CLOSED SESSION 4:00 P.M.
REGULAR MEETING 6:00 P.M.
The City Council meetings are presented in a hybrid format, both in-person at City Hall
and virtually via Zoom Webinar. The Governor’s Executive Orders N-25-20 and N-29-20
suspend certain requirements of the Brown Act, and City Council Members and staff may
choose to participate in person or by video conference.
You may participate via the following options:
1. Attending in person: All attendees who are not fully vaccinated are required to wear a
face covering at all times while in the Council Chambers or City Hall. Please maximize
spacing by utilizing all seating in the Chambers.
2. 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.
3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings)
Please click the link below to join the webinar:
https://zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09
Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
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 Z
oom 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.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 2
Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings)
Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283
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.
4. Additionally, members of the public who wish to make a 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.
5. 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.
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. Please e-mail to the City
Clerk at cityclerk@costamesaca.gov NO LATER THAN 12:00 Noon on the date of the
meeting.
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 at https://www.costamesaca.gov/city-hall/city-council/agendas-videos-
and-minutes/2021-agendas-videos-minutes
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.
Free Wi-Fi is available in the Council Chambers during the meetings. The network
username available is: CM_Council. The password is: cmcouncil1953.
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.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 3
CLOSED SESSION
4:00 P.M.
CALL TO ORDER
ROLL CALL
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.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Section 54956.9 (d)(1) of California Government Code
Name of Case: City of Costa Mesa, et al v. Purdue Pharma, L.P., et al; USDC,
Northern District of Ohio, MDL No. 2804 (1:20-op-45055-DAP, transferred from
USDC, Central District, Case No. 8:19-cv-02154), originally filed in San Francisco
Superior Court under Case No. CGC-19-574865, and then Orange County Superior
Court under Case No. 30-2019-01101802-CU-BT-CXC.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – ONE
CASE - Pursuant Section 54956.9 (d)(2) of California Government Code, Threat of
Litigation from Rutan & Tucker, letter dated July 13, 2021.
Click here for public comments received on this item.
3. THREAT TO SECURITY
Pursuant to Section 54957 (a) of California Government Code
Consultation with: Costa Mesa Director of Emergency Services, City Manager, Police
Chief, Fire Chief, and Emergency Services Administrator.
4. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957 (b)(1) of California Government Code
Position: Police Chief
The City Council and Successor Agency to the Redevelopment Agency will recess
for Closed Session.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 4
REGULAR MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
TUESDAY, AUGUST 3, 2021 – 6:00 P.M.
JOHN STEPHENS
Mayor
MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3
JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
City Attorney City Manager
Kimberly Hall Barlow Lori Ann Farrell Harrison
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Led by Council Member Harper
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers
stating their own views. The City Council disclaims any intent to endorse or sponsor the
views of any speaker.]
Mr. John Begin, Trellis.
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Costa Mesa Little League All Stars 2021.
2. Commendation: Honoring Police Chief Bryan Glass for his service to Costa Mesa.
3. Fireworks After Action Report.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.
Comments on Consent Calendar items may also be heard at this time.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 5
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS
Each council member is limited to 4 minutes. Additional comments will be heard at the
end of the meeting.
1. Council Member Harlan
2. Council Member Harper
3. Council Member Reynolds
4. Council Member Chavez
5. Council Member Gameros
6. Mayor Pro Tem Marr
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR: (Items 1-10)
All matters listed under the Consent Calendar are considered to be routine and will be
acted upon in one motion. There will be no separate discussion of these items unless
members of the City Council, staff, or the public request specific items to be discussed
and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
RECOMMENDATION:
City Council and Agency Board approve the reading by title only and waive full
reading of Ordinances and Resolutions.
2. READING FOLDER
Claims received by the City Clerk: Cary Clayton, Frank Lowell, Matt Orville,
Alejandra Peralta.
RECOMMENDATION:
City Council receive and file.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 6
3. WARRANT RESOLUTION NO. 2664 – Finance Department
RECOMMENDATION:
City Council approve Warrant Resolution No. 2664 of the City Council of the City
of Costa Mesa, California, allowing certain claims and demands, including Payroll
Register Nos. 21-14 for $2,846,911.32, 21-14 “A” for $2,148.00, and 21-15 for
$2,826,773.39; and City operating expenses for $2,980,438.35.
4. MINUTES - City Manager’s Office/City Clerk’s Division
RECOMMENDATION:
City Council approve the Minutes of the Regular meetings of June 15, 2021 and July
20, 2021, and Special Closed Session meeting of July 27, 2021.
5. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING THE BY
DISTRICT RESIDENCY REQUIREMENT FOR MEMBERS OF THE PLANNING
COMMISSION - City Manager’s Office/City Clerk’s Division
RECOMMENDATION:
Staff recommends the City Council:
Give second reading by title only, and adopt Ordinance No. 2021-14 of the City
Council of the City of Costa Mesa, California, amending Section 13-10 (Planning
Commission) of Article 3 (Review Authorities) of Chapter I (In General) of Title 13
(Planning, Zoning and Development) of the Costa Mesa Municipal Code.
Click here for public comments received on this item.
6. DESIGNATION OF VOTING DELEGATE 2021 LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE - City Manager’s Office/City Clerk’s Division
RECOMMENDATION:
Staff recommends the City Council:
Designate Mayor Pro Tem Marr as Costa Mesa’s voting delegate for the 2021
League of California Cities Annual Conference.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 7
7. REFUND OF CASH DEPOSIT IN CONNECTION WITH THE ENVIRONMENTAL
REVIEW FOR AN AMENDMENT TO PLANNING APPLICATION 16-50 FOR THE
AVENUE OF THE ARTS HOTEL MASTER PLAN LOCATED AT 3350 AVENUE
OF THE ARTS
Economic and Development Services Department/Planning Division
RECOMMENDATION:
Staff recommends the City Council:
Approve a refund of a remaining cash deposit in the amount of $15,651.34 to
Rosanna Inc. (project applicant). The refund pertains to the preparation of the
required California Environmental Quality Act (CEQA) compliance documents for an
amendment to Planning Application 16-50 for the Avenue of the Arts Hotel project
located at 3350 Avenue of the Arts.
8. PROFESSIONAL SERVICES AGREEMENT WITH HINDERLITER, DE LLAMAS &
ASSOCIATES COMPANIES FOR AN ANNUAL AUDIT OF CANNABIS TAX
PROCEEDS PURSUANT TO ORDINANCE 2021-09 AND AMENDMENT NO.
FOUR TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HDL
COMPANIES TO IMPLEMENT THE CITY OF COSTA MESA RETAIL CANNABIS
TAX AND REGULATION MEASURE (MEASURE Q)
Economic and Development Services Department/Planning Division
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager and City Clerk to execute a Professional Services
Agreement (PSA) with Hinderliter, De Llamas & Associates (HdL) for as needed
annual auditing and compliance review services pursuant to Ordinance No. 2021-
09 Title 9, Chapter I, Article 5, Section 9-29.5(f), subject to an annual increase
not-to-exceed three-percent based on the Los Angeles-Long Beach-Anaheim
region Consumer Price Index.
2. Authorize the City Manager and City Clerk to execute Amendment No. 4 to the
existing PSA with HdL for as needed cannabis permitting, compliance, and
consulting services for cannabis business permit application review, compliance
site inspections, and additional consulting services related to implementation and
administration of the cannabis program.
3. Authorize the City Manager to execute future amendments to the existing PSA
with HdL including any potential increase in compensation as long as the
amendment is within the annual budget.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 8
9. CITYWIDE STREET SLURRY SEAL PROJECT (MAINTENANCE ZONES 6 AND
7), CITY PROJECT NO. 21-02 - Public Services Department/ Engineering Division
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt plans, specifications, and working details for the Citywide Street Slurry Seal
Project (Maintenance Zones 6 and 7), City Project No. 21-02.
2. Award a Public Works Agreement (PWA) to American Asphalt South, Inc., 19792
El Rivino Road, Riverside, CA 92509 in the amount of $617,048.
3. Authorize the City Manager and City Clerk to execute the PWA and future
amendments to the agreement within Council authorized limits.
4. Authorize an additional ten percent (10%) contingency totaling $61,705 as
needed for unforeseen costs.
Click here for public comments received on this item.
10. OPEN SPACE MASTER PLAN UPDATE
Parks and Community Services Department
RECOMMENDATION:
Staff recommends the City Council:
1. Award a contract to RJM Design Group, 31591 Camino Capistrano, San Juan
Capistrano, CA 92675, for a total not-to-exceed amount of $81,900, for
professional services needed to complete the update of the Open Space Master
Plan.
2. Authorize the City Manager and the City Clerk to execute a Professional Services
Agreement.
Click here for the Supplemental Memo for this item.
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE
CONSENT CALENDAR
----------------------------------- END OF CONSENT CALENDAR -----------------------------------
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 9
PUBLIC HEARINGS: (THIS ITEM MUST BE HEARD AT 7:00 P.M. PROMPTLY)
1. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY
REGARDING THE REDISTRICTING PROCESS
City Manager’s Office/City Clerk’s Division
RECOMMENDATION:
Staff recommends the City Council:
1. Receive the staff report on the redistricting process and permissible criteria to
be considered to evaluate district boundaries.
2. Conduct a public hearing to receive public input.
Click here for the presentation on this item.
OLD BUSINESS: NONE
NEW BUSINESS:
1. SMART AND FINAL NOISE STUDY - Economic and Development Services
Department/Community Improvement Division
RECOMMENDATION:
Staff recommends the City Council:
Receive and file the noise study report prepared by Sound Media Fusion related
to alleged concerns for noise ordinance violations from business operations at
Smart & Final, located at 707 W. 19th St.
Click here for the public comment received on this item.
Click here for the presentation on this item.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 10
2. ECONOMIC DEVELOPMENT STRATEGIC PLAN SCOPE OF WORK
Economic and Development Services Department/Economic Development
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Economic Development Strategic Plan Scope of Work and direct
staff to release a Request for Proposals.
2. Authorize the City Manager and City Attorney to negotiate and execute
agreement(s) with selected consultant(s) for work that is in substantial
conformance with the scope of work approved by City Council for an anticipated
cost of $275,000.
Click here for the presentation on this item.
3. COSTA MESA SHOP LOCAL FINANCIAL INCENTIVE PROGRAM
Economic and Development Services Department/Economic Development
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager and City Attorney to negotiate and execute an
agreement with Colu Technologies for the implementation and administration of
the Costa Mesa app-based Shop Local financial incentive platform for one year
for a not-to-exceed cost of $85,000 (with an option to extend the agreement for
up to four more years).
2. Authorize a use of funding of $170,000 for an incentive program to be distributed
to participating Costa Mesa small businesses based on local patron activities.
Click here for the presentation on this item.
AMENDED AGENDA –REGULAR MEETING – AUGUST 3, 2021 – PAGE 11
4. PROVIDE DIRECTION ON PROPOSAL TO NEGOTIATE AND ENTER INTO A
35 YEAR AGREEMENT WITH CSCDA COMMUNITY IMPROVEMENT
AUTHORITY (CSCDA CIA) TO CONVERT VIA A PROPERTY TAX WAIVER 580
ANTON BOULEVARD INTO WORKFORCE HOUSING
Economic and Development Services Department/Planning Division
RECOMMENDATION:
Staff recommends the City Council:
Provide direction regarding potentially entering into a public benefits agreement with
the California Statewide Communities Development Authority Community
Improvement Authority (CDCDA CIA) to convert the 580 Anton Boulevard property
into workforce housing at 80%, 100%, and 120% Area Median Income (AMI) of
workforce affordability levels.
Click here for the presentation on this item.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS,
AND SUGGESTIONS
ADJOURNMENT
The City of Costa Mesa’s goal is to comply with the Americans with Disabilities Act (ADA)
in all respects. If, as an attendee or a participant at this meeting, you will need special
assistance beyond what is normally provided, we will attempt to accommodate you in
every reasonable manner. Please contact the City Clerk’s office 24 hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is
feasible 714-754-5225 or at cityclerk@costamesaca.gov. El objetivo de la ciudad de
Costa Mesa es cumplir con la ley de Estadounidenses con Discapacidades (ADA) en
todos los aspectos. Si como asistente o participante en esta reunión, usted necesita
asistencia especial, más allá de lo que normalmente se proporciona, intentaremos de
complacer en todas las maneras. Favor de comunicarse a la oficina del Secretario de la
Ciudad con 24 horas de anticipación para informarnos de sus necesidades y determinar
si alojamiento es realizable al 714-754-5225 o cityclerk@costamesaca.gov