Costa Mesa council approves Fairview Park Mesa restoration contract, labor MOUs and nitrous-oxide ban; adopts legislative platform after debate

The Costa Mesa City Council on Tuesday, Sept. 16, approved a package of actions including a professional services agreement to begin restoration work on the Fairview Park Mesa, adopted updated labor agreements for police and fire units, approved an ordinance prohibiting the sale and distribution of nitrous oxide, and adopted a revised legislative platform that city staff will use to pursue grants and state or federal advocacy.

The measures matter to residents because the Fairview Park project restores and protects sensitive habitat and archaeological resources and is tied to federal and county mitigation funding; the labor agreements affect staffing and compensation for public-safety personnel; and the legislative platform guides what issues the city will prioritize with state and federal partners.

Council approved the Fairview Park Mesa package after a lengthy staff presentation and public comment from tribal leaders, restoration advocates and neighborhood groups urging the city to move forward. The council action authorizes an addendum to a 1997 environmental clearance, awards a multi-year professional services agreement to Endemic Environmental Services Inc. to implement restoration and habitat work on the Mesa, and authorizes a standard contingency and execution authority for the city manager.

City staff said the Mesa restoration phase covers roughly a 15.3-acre project area on the park's plateau, focuses on restoring native plant communities (coastal sage scrub and native facelia fields), and will protect the Orra 58 archaeological site and nearby vernal-pool habitat. The project is funded in part by Orange County Transportation Authority (OCTA) mitigation funds and a state allocation secured through a legislative office; staff cited an OCTA award and a later state funding allocation in the presentation.

Shannon Wingfield, tribal council member of the Wannano Band of Mission Indians (Hoshoma Nation), told council: "The tribe stands with the Coastal Corridor Alliance in urging you to uphold the city's commitments for Fairview Park Mesa's restoration project." Multiple other speakers, including local conservation groups and OCTA representatives, urged council to approve the contract to avoid losing grant funds and to complete mitigation commitments long overdue.

City staff described the consultant selection process and local expertise. Kelly Dalton, who led the project presentation, said Endemic was selected following a competitive RFP and interviews with top firms and noted Endemic's prior work in the park and local biological expertise. Staff recommended that council: - adopt the addendum to the 1997 initial study/mitigated negative declaration (staff invoked routine CEQA exemptions for the limited-scope restoration work), - award a professional services agreement to Endemic Environmental Services Inc. for project implementation (term described as multi-year), - authorize a 10% contingency and - authorize the city manager and city clerk to execute the contract and future amendments within the approved budget.

Council members who spoke in support characterized the project as fulfilling prior mitigation commitments and as consistent with the Fairview Park master plan and Measure AA (the voter measure that created a protections framework for the park). Several commenters and speakers emphasized that legal trails would remain open and that the project targets unauthorized trails and invasive-plant removal.

Votes at a glance: - Fairview Park Mesa restoration: Council voted to approve the addendum and award a professional services agreement to Endemic Environmental Services Inc., and authorized a 10% contingency and manager execution authority. (Motion approved by council; vote recorded in the meeting.) - Memoranda of understanding (police and fire units): Council adopted updated MOUs consolidating prior side letters and administrative language updates to align with CalPERS rules; staff said there was no additional fiscal impact from the wording changes. (Approved by council.) - Ordinance banning sale/distribution of nitrous oxide: Council adopted an ordinance adding a municipal code chapter to prohibit unlawful retail sale/distribution of nitrous oxide cartridges and dispensing devices, aimed at preventing youth access. (Adopted by council, unanimous vote recorded.) - Rehire exception for retired battalion chief: Council adopted a resolution granting an exception to the 180-day post-retirement wait to allow a retired annuitant to provide limited project support for fire department systems and accreditation work; staff said the rehiring would be limited by CalPERS rules to 960 hours in a fiscal year and intended to cover an interim transition period. (Approved by council.) - Legislative platform (consent calendar item pulled for discussion): Council adopted a written legislative platform to guide staff priorities and external advocacy, with the platform set to be reviewed on a biannual schedule tied to the legislative calendar. Council member Mike Bewley led questions about process, grant-matching responsibilities and how conflicting positions with partners would be resolved; the council amended language to restore the phrase "at risk" (replacing draft language "at promise") and approved the platform as amended.

What council discussed and directed - Legislative platform: Council members pressed staff on how the platform would be used in practice, whether staff would pursue grants that require future city matching funds, and how the platform would relate to positions taken by partner organizations such as the League of California Cities. Staff said grant pursuit includes review of budgetary impacts and department capacity and that the platform is intended to be a living document; staff also agreed to bring periodic legislative updates and to return with any major priority changes before the legislative session begins. - Fairview Park: City staff and advocates emphasized that the restoration is required to meet OCTA mitigation commitments and protect species and cultural resources. Staff said legal recreational trails would remain open and that unauthorized trails and invasive-plant encroachment would be the focus of closures and restoration work. Several speakers asked for timely implementation to preserve grant funding. - Public-safety staffing and MOUs: Human resources staff told council the MOU language changes were administrative and clarified special-compensation definitions to align with CalPERS law; the council adopted the consolidated MOUs.

Key details and clarifications - Project area and scope: staff described the contract implementation area as roughly 15.3 acres on the Mesa; parts of the overall park will receive enhancement and buffer treatments to protect existing restored areas and archaeological resources. - Funding: staff cited OCTA mitigation funds awarded in an earlier cycle and additional state-level funds secured through legislative channels (staff referenced a multi-million-dollar allocation received in a later round). The project team told council that failing to move ahead could risk grant funding or OCTA mitigation commitments. - Contract and procurement: staff ran a competitive RFP, interviewed top firms, and recommended Endemic Environmental Services Inc. based on local experience and a lead biologist familiar with Fairview Park. - Rehire exception: staff cited Government Code provisions that allow a retired annuitant to return before the 180-day wait if necessary to fill a critically needed position; the rehired battalion chief would be limited by CalPERS rules to a maximum number of hours (staff cited the 960-hour annual limit) and the return is temporary to support project/system transitions.

Who spoke (selected) - John Stephens, Mayor, Costa Mesa (presided over meeting and led some remarks); Manuel Chavez, Mayor Pro Tem; Mike Bewley, Council member (District 1); Lauren Gameros, Council member (District 2); Andrea Maher, Council member (District 3, remote); Jeff Pettis, Council member (District 6); Council members Beaulieu, Mar and Perez (full names/first references in the meeting record). Staff who presented included Parks & Community Services staff (Kelly Dalton), Human Resources Manager (Ms. Lee), and development/planning staff. Public commenters included Shannon Wingfield (tribal council), Aaliyah Willow (community member), Jay Humphrey (resident), Melanie Schlatterbeck (OCTA/EOC representative), and multiple Fairview Park restoration advocates.

Background and next steps City staff said the restoration project was included in prior master-plan work for Fairview Park and is intended to complete mitigation obligations and restore native habitats and cultural resources. Council approved staff's recommendations and authorized execution steps; staff will return with contract documents and begin implementation tasks, including biological monitoring and cultural resources protections, consistent with the executed contract and grant terms.

Ending note: the meeting included several other routine and ceremonial items earlier in the agenda, and council members closed the session with requests for further briefings and public outreach tied to the newly adopted legislative platform.