REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY CALL TO ORDER -The Closed Session meeting was called to order by Mayor Stephens at  TUESDAY, JUNE 18, 2024 - MINUTES  4:02 p.m. ROLL CALL  Present: Council Member Chavez, Council Member Gameros, Council Member Harper,  Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and  Mayor Stephens.  Absent: None.  PUBLIC COMMENTS - NONE. CLOSED SESSION ITEMS:  1.  CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California Under Negotiation: Price and Terms of Payment City Council recessed at 4:05 p.m. for Closed Session. Closed Session adjourned at 4:55 p.m. order by Mayor Stephens at 6:03 p.m.  APN: 420-012-16  CALL TO ORDER -The Regular City Council and Housing Authority meeting was called to NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE - A video was played of the National MOMENT OF SOLEMN EXPRESSION - Led by Pastor Matthew Hambrick, Costa Mesa First  Anthem and the mayor led the Pledge of Allegiance.  United Methodist Church. ROLL CALL  Present: Council Member Chavez, Council Member Gameros, Council Member Harper,  Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and  Mayor Stephens.  Absent: None.  Minutes - Regular Meeting June 18, 2024 Page 1 of13    CITY ATTORNEY CLOSED SESSION REPORT - No reportable action.  PRESENTATIONS: the U.S. Marine Corps.  City Council recognized Jonah Birza, graduate from Estancia High School who has enlisted in  Mayor Stephens provided a proclamation in recognition of 2024 Pride Month. PUBLIC COMMENTS = MATTERS NOT LISTED ON THE AGENDA Liz' Winger, spoke in support of a beekeeping ordinance.  Lynn Redman, spoke on mitigating the black mustard plants at Fairview Park.  Jenn Tanaka, Costa Mesa, provided information on a beekeeping ordinance that was Speaker, spoke on parking enforcement for street sweeping, spoke on traffic and parking impacts by development, and spoke against the traffic enhancements on West 19th Street. Speaker, Resilience Orange County, spoke on a tenant rights workshop on June 26th, a residents meeting on Center Street on July 20th, and affordability covenants expiring in 2025 at  considered by the Animal Services Committee.  1840 Park Ave.  Priscilla Rocco, Costa Mesa, spoke in support of a beekeeping ordinance. Speaker, spoke on Measure Y and against the One Metro West project.  COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez thanked the community and the Costa Mesa Police Department, spoke on permit parking enforcement, spoke on lunch at the library held at the Donald Dungan Council Member Gameros spoke on a pet vaccination event held at City Hall, spoke on attending movies in the park, and spoke on the Police Department using the Bearcat to Council Member Harper spoke in support of a beekeeping ordinance, spoke on following up on an issue brought up by a resident and being overcharged by the Costa Mesa Sanitary District,  Library, and requested to adjourn the meeting in memory of Don Maher.  address criminal activity over the weekend.  and spoke on a lack of transparency on the property tax bills. Council Member Marr spoke on bringing forth a beekeeping ordinance.  Council Member Reynolds spoke in support of exploring a beekeeping ordinance, spoke on staff researching affordable housing covenants, spoke on reducing costs for small special events, spoke on the Fish Fry Festival put on by the Lions Club, and thanked residents for  volunteering their time to Costa Mesa.  Minutes - Regular Meeting June 18, 2024 Page 2 of13    Mayor Pro Tem Harlan spoke on Harper Park and that the park rangers will not be at the park during the summer and spoke on a community meeting at Kaiser Elementary regarding a bike Mayor Stephens spoke in support of bringing forth a beekeeping ordinance, spoke on attending the CalOptima Resource Fair, spoke on the criminal activity over the weekend and commended the Police Department, spoke on the July 3rd event, and spoke on the Fish Fry REPORT - CITY MANAGER = Ms. Farrell Harrison thanked City Council for honoring Jonah Birza and for the tribute for those joining the military, spoke on the July 3rd event, thanked Michelle Richards, CEO of the OC Fair and staff for their partnership, spoke on preparing a beekeeping ordinance for City Council's consideration, and spoke on a joint study session with REPORT - CITY ATTORNEY - Ms. Hall Barlow wished everyone a Happy Pride Month.  segment on Santa Ana Avenue between 21st Street and 22nd Street.  and in support oft the Lions Club.  the Planning Commission regarding the Fairview Developmental Center.  CONSENT CALENDAR  MOVEDISECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve the Consent Calendar except for Item Nos. 5,8,9, 10, and 11. Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens. Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign  The motion carried by thei following roll call vote:  Nays: None. Absent: None. contributions received. Motion carried: 7-0  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: Allstate Insurance Company (Steven Larsen), Devon Bradley.  3.  ADOPTION OF WARRANT RESOLUTION  Mayor recused himself on this item due to campaign contributions received.  ACTION:  City Council approved Warrant Resolution No. 2719.  Minutes - Regular Meeting June 18, 2024 Page 3 of13    4.  MINUTES ACTION:  City Council approved the minutes of the regular meeting of June 4, 2024.  6.  AGREEMENT FOR FUEL PROCUREMENT AND DELIVERY SERVICES WITH  MERRIMAC PETROLEUM, INC.  ACTION:  1. City Council approved the Agreement with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, 1240 Wardlow Road, Long Beach, CA 90807, for the purchase and 2. Authorized the City Manager and City Clerk to execute the agreement and future  delivery of fuel in an annual amount not to exceed $250,000.  authorized amendments to the agreement.  7. AWARD OF THE TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, CITY PROJECT NO. 24-02, AND FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL EXEMPTION  ACTION:  1. City Council found the project to be categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 and adopted plans, specifications, and working details for the Traffic Signal Modification 2. Awarded a Public Works Agreement (PWA) for construction to Crosstown Electrical &D Data, Inc., 5454 Diaz Street, Irwindale, CA 91706, in the amount of $292,787 and authorized an additional ten percent (10%) contingency totaling $29,279 as needed for unforeseen costs from Measure "M2" Fairshare (416) fund balance. 3. Authorized a budget adjustment to appropriate $60,537 from Fund 416 Measure 4. Authorized the City Manager and City Clerk to execute the PWA, and authorized the City Manager to execute future contract amendments within Council authorized  at Baker Street and Babb Street, City Project No. 24-02.  "M2" Fairshare available fund balance to the project.  limits.  ITEMS PULLED FROM THE CONSENT CALENDAR  5.  CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM AND GRANT FOR  COMMUNITY BASED TRANSIT Public Comments: None.  Minutes = Regular Meeting June 18, 2024 Page 4 of13    MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve staff recommendation, the program is available to the general public from the onset, and to share performance metrics with the Active Transportation Committee at the September meeting for input and discussion. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.  Nays: Council Member Harper. Absent: None. Abstain: None. Motion carried: 6-1 ACTION:  1. City Council approved the contract with Circuit Transit, Inc. for the Clean Mobility Options (CMO) Voucher Pilot Program in an amount not to exceed $500,000 annually, for a term of three (3) years after commencement of on-demand transit 2. Authorized the City Manager and City Clerk to execute the agreement and future 3. Approved that the program is available to the general public from the onset, and to share performance metrics with the Active Transportation Committee at the PLANNING APPLICATION PDRC-23-0001 TO ADD THE "LEROY ANDERSON HOUSE" AT 208 MAGNOLIA STREET TO THE LOCAL HISTORIC REGISTER AND  services.  amendments to the agreement within the budgeted amount.  September meeting for input and discussion.  8.  APPROVE A MILLS ACT CONTRACT FOR THE PROPERTY  Public Comment:  Speaker, spoke on the history of the location, the housing deed, and spoke on  recognizing that the address was formerly under a racial covenant. MOVED/SECOND: Council Member Reynolds/Council Member Marr  MOTION: Approve staff recommendation. The motion carried by the following roll call vote:  Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor  Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION:  1. City Council found that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) ("Common Sense") of the  CEQA Guidelines.  Minutes - Regular Meeting June 18, 2024 Page 5 of13    2. Adopted City Council Resolution 2024-37 to place the "Leroy Anderson House" at 3. Approved a Mills Act contract between the City and the property owner to facilitate ADOPTION OF ORDINANCES APPROVING DEVELOPMENT AGREEMENT (DA-20-02), REZONE (R-20-01), AND SPECIFIC PLAN (SP-20-01), AND ADOPTION OF RESOLUTION AMENDING CERTAIN CONDITIONS OF APPROVAL FOR THE ONE METRO WEST PROJECT LOCATED AT 1683 SUNFLOWER AVENUE  208 Magnolia Street on the Local Register of Historic Places. preservation of the subject property as a historic resource.  9.  Public Comments:  Speaker, stated the item should not have been placed on the consent calendar, and Cynthia McDonald, Costa Mesa, spoke in support of the public voting on the project.  spoke on Measure K and ballot curing.  MOVED/SECOND: Mayor Stephens/Council Member Chavez MOTION: Approve staff recommendation. The motion carried by the following roll call vote:  Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.  Nays: Council Member Harper.  Absent: None. Abstain: None. Motion carried: 6-1 ACTION:  1. City Council found that the amendments are in substantial conformance with the Final Environmental Impact Report (EIR) for the One Metro West project (State Clearing House No. 2019050014), including a mitigation monitoring program and statement of overriding considerations, which was certified by the City Council on May 4, 2021, and that no further environmental review under CEQA is required 2. Gave second reading to and adopted Ordinance No. 2024-05 approving Development Agreement 20-02, modifying payment of impact fees and community benefits funding from one year to five years and clarifying the Agreement's effective 3. Gave second reading to and adopted Ordinance No. 2024-06 approving Rezone 4. Gave second reading to and adopted Ordinance No. 2024-07 approving Specific  pursuant to CEQA Guidelines Section 15162.  date. 20-01. Plan 20-01.  Minutes - Regular Meeting June 18, 2024 Page 6 of13    10. SECOND READING OF ORDINANCE NO. 2024-02 AMENDING TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH AFFORDABLE HOUSING REQUIREMENTS FOR NEW  RESIDENTIAL DEVELOPMENT PROJECTS  Public Comments:  Speaker, stated the item should not have been placed on the consent calendar. Diane Russell spoke in favor of lowering the 50-unit project threshold and spoke on the Adam Wood, Building Industry Association, spoke on a lack of production of housing, Speaker, spoke on the unit threshold and density, Measure KI locations, and in-lieu fees. Cynthia McDonald, Costa Mesa, spoke in support of the Costa Mesa Affordable Housing Coalition letter, bringing affordable housing to the city, and the Housing Kathy Esfahani, Costa Mesa Affordable Housing Coalition, spoke in opposition of the 50-unit project threshold, spoke on the need for affordable housing, and spoke on the  need for affordable housing. rezoning, and in-lieu fees.  Element requirements.  inclusionary requirement.  MOVED/SECOND: Council Member Reynolds/Council Member Marr  MOTION: Approve staff recommendation with the change of reducing the project SUBSTITUTE MOTIONISECOND: Mayor Stephens/Council Member Harper SUBSTITUTE MOTION: Continue the item to the next meeting for further analysis and Ayes: Council Member Gameros, Council Member Harper, Council Member Marr,  threshold from 50-units to 30-units.  discussion.  The motion carried by the following roll call vote: Council Member Reynolds, and Mayor Stephens. Nays: Council Member Chavez and Mayor Pro Tem Harlan.  Absent: None. Abstain: None. Motion carried: 5-2 ACTION:  City Council continued the item to the next meeting for further analysis and discussion.  Minutes = Regular Meeting June 18, 2024 Page 7 of13    11. APPROVAL OF AMENDMENT TO MERCY HOUSE AGREEMENT FOR CITYWIDE  RENTAL ASSISTANCE PROGRAM Public Comment: None.  MOVED/SECOND: Council Member Reynolds/Council Member Marr  MOTION: Approve staff recommendation. The motion carried by the following roll call vote:  Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor  Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION:  1. City Council approved Amendment No. 5 to the Subrecipient Agreement with Mercy House Living Centers increasing the compensation by $500,000 for a total not-to-exceed amount of $2,050,000 for the administration of the City's Rental 2. Authorized a budgetary increase of $500,000 to be funded by recently granted 3. Authorized the City Manager and the City Attorney to make all contract amendments  Assistance Program for very low-income households.  FEMA reimbursements.  as needed, and execute the contract amendment(s).  END OF CONSENT CALENDAR-  City Council recessed into a break at 8:07 p.m. City Council reconvened at 8:20 p.m. PUBLIC HEARINGS:  (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)  1.  FIRST READING OF ORDINANCES TO AMEND CHAPTERS 2 AND 3 OF TITLE 4 (BICYCLES); AND CHAPTERS 1 THROUGH 21 OF TITLE 10 (MOTOR VEHICLE TRAFFIC) OF THE COSTA MESA MUNICIPAL CODE AND PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), FIND THE ORDINANCE IS NOT A "PROJECT" AND FURTHER, THAT IT IS EXEMPT FROM THE PROVISIONS OF CEQA PURSUANT TO CEQA GUIDELINES  SECTION 15061(B)(3)  Staff presentation by Mr. Thomas, Active Transportation Coordinator.  Minutes - Regular Meeting June 18, 2024 Page 8 of13    Public Comments: "accident" to "collision". support oft the ordinances.  Speaker, spoke on receiving collision summary reports and changing the term Robert Morse stated that he rides and e-bike and it allows him mobility, and is in Speaker, thanked the Active Transportation Committee, Police Department, and City staff for their work on the ordinances, spoke on enforcement, and spoke in support of  the ordinances.  Tom Arnold, spoke in support of the ordinances.  Speaker, spoke in support of changing the term "accident" to "collision", changing "his/her" to gender neutral, removing "public nuisance" when referring to bikes, and Ralph Taboada, Costa Mesa, thanked staff for their work with the Active Transportation Committee on the ordinances, spoke on making streets and sidewalks safe for everyone, spoke on education on safety, and in support of the ordinances. Speaker, spoke in support of the ordinances, expressed appreciation to staff for working Wendy Leece thanked Council Member Reynolds for her work on the ordinances, expressed concerns regarding e-bikes at Canyon and Fairview parks, and spoke on  spoke on discretion when it comes to enforcement.  toward making the city streets safer.  posting rules and signs.  Hank Castagnetti spoke in opposition of electric bikes in Fairview Park. MOVED/SECOND: Council Member Reynolds/Mayor Stephens  MOTION: Approve staff recommendation with the following changes or direction: Global review of Title 4 and Title 10 to update "accident" to "collision" or crashes" Global review of Title 4 and Title 10 to update "he" and "she" to "they" Global review of the term "nuisance" as it relates to bicycles to make consistent with $4-32(a) adopt City attorney language with the change from "nuisance" to "unlawful": "lts shall constitute a public nuisance and be unlawful to place, tether, or secure a bicycle on public property sO as to cause an inconvenience or danger to persons  whichever is appropriate.  other terms regarding the public right-of-way $4-26(e) and $4-26(h) incorporate "other cyclists"  using the public right of way."  $10-64 reintroduce the "on a highway" language  Develop public education regarding $10-168 overtaking of cyclists Increase enforcement of section $10-155 obstructing intersections Develop public education to encourage parents to purchase Class IE-bikes for children under 18 in lieu of Class Il and Class II E-bikes  Minutes - Regular Meeting June 18, 2024 Page 9 of1 13    The motion carried by the following roll call vote:  Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor  Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION:  City Council introduced for first reading, Ordinance Nos. 2024-08 and 2024-09, to amend Chapters 2 and 3 of Title 4 (Bicycles) and Chapters 1 through 21 of Title 10 (Motor Vehicle Traffic), respectively, of the Costa Mesa Municipal Code to be in compliance with current California laws related to bicycles and current practices and  procedures.  MOVEDISECOND: Council Member Reynolds/Council Member Chavez  MOTION: Re-order the agenda and consider New Business Item No. 1 prior to Public Hearing Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.  Item No. 2.  The motion carried by the following roll call vote:  Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 NEW BUSINESS:  1.  URBAN MASTER PLAN SCREENING REQUEST (PSCR-24-0003) FOR A PROPOSED 38 UNIT LIVE/WORK DEVELOPMENT ON A 2.3 ACRE SITE WITHIN THE MESA WEST BLUFFS URBAN PLAN LOCATED AT 960 WEST 16TH STREET  Staff presentation by Mr. Yeager, Associate Planner.  Public Comments:  Speaker, spoke on parking, spoke on the history of live-work units and density, and Cynthia McDonald, Costa Mesa, spoke on the project and that is does not contain affordable housing, spoke on traffic calming measures, spoke on overhead lighting, spoke on facades, and that the balconies should not be considered open space.  spoke on open space requirements.  ACTION:  City Council reviewed and provided feedback on the proposed 38-unit new live/work development in the Mesa West Bluffs Urban Plan area, and provided comments on the  requested deviations.  Minutes = Regular Meeting June 18, 2024 Page 10of13    PUBLIC HEARINGS:  (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)  2.  FEE RESOLUTION TO ESTABLISH THE AFFORDABLE HOUSING IN-LIEU FEE  SCHEDULE  Staff presentation by Amber Gregg, Contract Planner.  MOVEDISECOND: Council Member Marr/Council Member Gameros MOTION: Continue the item to July 16th City Council meeting.  Discussion ensued on what date to continue the item to along with the second reading Mayor Stephens requested to move the affordable housing ordinance to the July 16th Council Member Marr (1st) and Council Member Gameros (2nd) agreed to the change. MOTION: Continue the affordable housing ordinance and in-lieu fee resolution to July Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor  of the affordable housing ordinance. City Council meeting along with this item.  MOVEDISECOND: Council Member Marr/Council Member Gameros  16th City Council meeting as one public hearing item. The motion carried by the following roll call vote:  Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION:  City Council continued the item to the July 16, 2024 City Council meeting to be  considered in one report with the Affordable Housing Ordinance.  OLD BUSINESS: NONE. NEW BUSINESS:  2.  APPOINTMENT TO THE PARKS AND COMMUNITY SERVICES COMMISSION  Staff presentation by Ms. Green, City Clerk.  Public Comment: None.  Minutes - Regular Meeting June 18, 2024 Page 11 of13    MOVED/SECOND: Council Member Gameros/Council Member Chavez  MOTION: Appoint Brandice Lea Leger to the Parks and Community Services Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor  Commission.  The motion carried by the following roll call vote:  Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION:  Council Member Gameros appointed Brandice Lea Leger to the Parks and Community  Services Commission with a term expiration of January 2025.  ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND ADJOURNMENT = Mayor Stephens adjourned the meeting at 10:44 p.m. in honor and  SUGGESTIONS - NONE.  memory of Don Maher and Danny Suguitan.  Minutes - Regular Meeting June 18, 2024 Page 12 of13    Minutes adopted on this 16th day of July, 2024.  5 John_Stéphens, Mayor ATTEST:  brenda Chceon) Brenda GreenCity Clerk  Minutes - Regular Meeting June 18, 2024 Page 13 of13