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HomeMy WebLinkAbout- - Agenda - 11/18/2014AGENDA CITY OF COSTA MESA REGULAR CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY* MEETING *NOTE: ALL AGENCY AND AUTHORITY MEMBERSHIPS ARE REFLECTED IN THE TITLE "COUNCIL MEMBER." TUESDAY, NOVEMBER 18, 2014 CITY COUNCIL CHAMBERS, 77 FAIR DRIVE CLOSED SESSION - 5:00 P.M. REGULAR MEETING - 6:00 P.M. JAMES M. RIGHEIMER Mayor STEPHEN MENSINGER Mayor Pro Tem GARY MONAHAN Council Member City Attorney Thomas Duarte SANDRA GENTS Council Member WENDY LEECE Council Member Chief Executive Officer Thomas R. Hatch Note regarding agenda -related writings or documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related writings or documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Binders containing these agenda -related documents are located in the Council Chambers lobby. In addition, such writings and documents may be posted— whenever possible or as part of the agenda—on the city's website at www.costamesaca.gov. Your attendance at this public meeting is valued and appreciated. If you have questions regarding the agenda, public comments or wish to obtain copies of documents please contact the City Clerk office at (714)754-5225 or e-mail Brenda.Green@costamesaca.gov. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 1 v.1, 11/12/2014 WELCOME TO THE CITY COUNCIL MEETING PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: If you wish to address the City Council on a matter not on the agenda, please complete and submit a yellow speaker card to the City Clerk. Speaker cards must be submitted to the City Clerk either prior to the first Public Comment period or prior to the Continued Public Comment period. Up to ten speakers will be given time to address the City Council during the first Public Comment period following Presentations. The Continued Public Comment period will be held at the end of the agenda after Items Removed from Consent Calendar. Members of the public shall only address the City Council one time at any given meeting under either Public Comment period. Speakers may only complete one card per person. Each speaker is limited to three minutes. PUBLIC COMMENTS — MATTER LISTED ON THE AGENDA: If you wish to address the City Council on a matter listed on the agenda, please complete and submit a green speaker card to the City Clerk. Speaker cards must be submitted prior to the start of Public Comments on the item. Please identify which item on the agenda you would like to address. Each speaker is limited to three minutes. The speaker cards are located on the table at the entrance to the City Council Chamber. Please take notice that the order of scheduled agenda items may be modified by the Mayor or the City Council during the course of the meeting, so please stay alert. 1. Any written communications, photos, or other material for distribution to the City Council must be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO THE START OF THE MEETING. Any materials to be displayed on the overhead projector at the Council meeting must be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO THE START OF THE MEETING. 2. In accordance with Costa Mesa Municipal Code, Sec. 2-64 (1): No person in the audience shall engage in disorderly, disruptive, disturbing, delaying or boisterous conduct. 3. 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. 4. In accordance with City Council Policy 000-11, and among other requirements, any video submitted for display at a public meeting must have been previously reviewed by staff to verify appropriateness for general audiences. A copy of this policy is available at City Hall during normal office hours. 5. Free Wi-Fi is available in the Council Chamber during the meetings. Two networks are available: council1 and council2. The password for either network is: cmcouncil. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification of 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]. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 2 v.1, 11/12/2014 CLOSED SESSION — 5:00 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 three minutes to speak. 1. Conference with Legal Counsel - Potential Litigation: Two Cases, Pursuant to Government Code Section 54956.9(d)(4) The City Council and Successor Agency to the Redevelopment Agency will recess to Conference Room 5A for Closed Session at the conclusion of public comments. REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — 6 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Righeimer 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.] Ryan Zuniger, Grace Fellowship Church ROLL CALL CITY ATTORNEY CLOSED SESSION REPORT • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) ANNOUNCEMENTS: There's always something happening in Costa Mesa! The Mayor will play a video clip of the "Costa Mesa Minute," featuring upcoming events and activities in the community. PRESENTATIONS: Purple Heart City Proclamation Presentation to Dannie Watkins, Commander of Chapter 752 Military Order. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 3 v.1, 11/12/2014 PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: If you wish to address the City Council on a matter not on the agenda, please complete and submit a yellow speaker card to the City Clerk. Speaker cards must be submitted to the City Clerk either prior to the first Public Comment period or prior to the Continued Public Comment period. Up to ten speakers will be given time to address the City Council during the first Public Comment period following Presentations. The Continued Public Comment period will be held at the end of the agenda after Items Removed from Consent Calendar. Members of the public shall only address the City Council one time at any given meeting under either Public Comment period. Speakers may only complete one card per person. Each speaker is limited to three minutes. The three minute per speaker time limit may be extended for good cause by the Mayor or by a majority vote of City Council. Questions and comments made by public speakers may be addressed by the City Council during Council Comments or by the Chief Executive Officer during the CEO's Report. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS 1. Mayor Pro Tem Mensinger 2. Council Member Genis 3. Council Member Leece 4. Council Member Monahan 5. Mayor Righeimer REPORT — CHIEF EXECUTIVE OFFICER (CEO) CONSENT CALENDAR: 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: MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED RECOMMENDATION: City Council Adopt and Approve Ordinances and Resolutions by Reading Title Only, and Further Reading Waived. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 4 v.1, 11/12/2014 2. READING FOLDER a. Claims Received by the City Clerk: Enterprise Rent-A-Car, Interinsurance Exchange of the Automobile Club of Southern California, as Subrogee for Jill Pereira, James & Laura Bryan, and GEICO, as Subrogee for Jamie Leeds. RECOMMENDATION: City Council Receive and File. 3. WARRANT RESOLUTION NO. 2525 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-21 "A" FOR $157,350.30 AND 14-22 for $2,143,406.15; AND CITY OPERATING EXPENSES FOR $2,965,916.94; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. — Finance Department RECOMMENDATION: Approve Warrant Resolution No. 2525, to be Read by the Title Only, and Waive Further Reading. 4. PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF MEDIANS AND ENTRY MONUMENT SIGN — Public Services Department/Engineering Division RECOMMENDATION: City Council Authorize Execution of a Professional Services Agreement with Asakura Robinson Company, 445 Santa Ana Av., Newport Beach, California 92663, in an Amount Not -to -Exceed $68,350 for Design Services. 5. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS OF DECEMBER 3, 2013, JANUARY 21, 2014, APRIL 1, 2014, AND MAY 6, 2014; AND THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY AND THE SPECIAL JOINT MEETING WITH THE HOUSING AUTHORITY OF JANUARY 7, 2014 — Chief Executive Officer's Department/City Clerk's Office RECOMMENDATION: City Council Approve the Minutes. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 5 v.1, 11/12/2014 6. FINAL MAP FOR TRACT NO. 17705 FOR PROPERTY LOCATED AT 2294 PACIFIC AV. – Public Services Department/Transportation Services Division RECOMMENDATION: City Council Adopt Resolution No. 14-xx, to be Read by Title Only and Waive Further Reading; Approve the Final Map of Tract No. 17705; and Authorize Vacation of a Twenty -Five Foot Portion of a Thirty -Foot Wide Public Utility Easement. 7. PROPOSED 177 -UNIT LIVE/WORK AND LOFT DEVELOPMENT AT 671 W. 17T—" STREET – Development Services/Planning Division RECOMMENDATION: City Council Approve a Professional Services Agreement with PlaceWorks in the Amount of $86,165, to Provide Environmental Consulting Services for an Initial Study/Mitigated Negative Declaration, and Authorize CEO to Sign Extensions or Renewals of the Contract. 8. ADOPTION OF THE FY 2014-2015 STATEMENT OF INVESTMENT POLICY - Finance Department RECOMMENDATION: City Council and Successor Agency Adopt Resolutions, to be Read by Title Only and Waive Further Reading, Approving the Statement of Investment Policies for Fiscal Year 2014-2015 and Delegating Investment Activities to the City Treasurer. 9. LANDSCAPE AND TURF MAINTENANCE OF PARKWAYS, MEDIANS, AND FIRE STATIONS – Public Services, Engineering/Design RECOMMENDATION: City Council Authorize Execution of an Amendment to the Performance Services Agreement with Midori Gardens, Inc., Extending the Term to February 28, 2015, in the Amount of $37,051.67 Per Month. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 6 v.1, 11/12/2014 10. LANDSCAPE AND TURF MAINTENANCE OF PARKS, FACILITIES, AND SPORTS FIELDS — Public Services, Engineering/Design RECOMMENDATION: City Council Authorize Execution of an Amendment to the Performance Services Agreement with SpectrumCare Landscape, Extending the Term to February 28, 2015, in the Amount of $29,560.53 Per Month. 11. MODIFICATION TO THE BUSINESS IMPROVEMENT AREA (BIA) TO ADD BLVD HOTEL FOR THE COLLECTION OF ASSESSMENTS —Office of the Chief Executive Officer RECOMMENDATION: City Council Approve Resolution No. 14 -XX, to be Read by Title Only and Further Reading Waived, Declaring the City's Intention to Modify the BIA to Include Certain Hotels and Motels in the Area, and Setting a Public Hearing for January 20, 2014. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM Public Services/Transportation Division RECOMMENDATION: City Council Adopt Resolution No. 14-xx, to be Read by Title Only and Further Reading Waived; Approve Continuation of the Current Traffic Impact Fee of $181 per Average Daily Trip (ADT) for New Development in the City of Costa Mesa; Continue the Incentive Program for New Developments by Assessing Traffic Impact Fees on an Incremental Basis for the First 100 Trips; and Approve the Annual Accounting of the Citywide Traffic Impact Fee Program. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 7 v.1, 11/12/2014 2. PROPOSED 393 -UNIT MID -RISE RESIDENTIAL DEVELOPMENT, "SYMPHONY APARTMENTS" TO BE LOCATED AT 585 AND 595 ANTON BLVD.— Development Services/Planning Division RECOMMENDATION: City Council Adopt Resolution No. 14-xx, to be Read by Title Only and Further Reading Waived, Approving the Addendum to the Final Program Environmental Impact Report No. 1052 and Final Master Plan PA -14-11; and 2. Adopt Resolution No. 14-xx, to be Read by Title Only and Further Reading Waived, Approving Park Mitigation Agreement between the Wilson Meany, LP and the City of Costa Mesa to Fund Future Parkland Related Improvements or Acquisitions. OLD BUSINESS ADOPTION OF ORDINANCE AMENDING CHAPTER IV OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE, ESTABLISHING A SENIOR COMMISSION THAT WILL SERVE AS AN ADVISORY COMMISSION TO THE CITY COUNCIL ON MATTERS RELATED TO THE OPERATION OF THE COSTA MESA SENIOR CENTER— Parks and Community Services Department RECOMMENDATION: City Council Give Second Reading, to be Read by Title Only and Further Reading Waived, and Adopt Ordinance No. 14-14. NEW BUSINESS HOST TOWN PARTICIPATION FOR THE 2015 SPECIAL OLYMPICS WORLD GAMES — Office of the Chief Executive Officer RECOMMENDATION: City Council Provide Direction to Staff Regarding Participation. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 8 v.1, 11/12/2014 2. TWO MEDICAL MARIJUANA INITIATIVE PETITIONS QUALIFYING FOR BALLOT; CONSIDERATION OF ADOPTING NEW ORDINANCE, ORDERING ELECTION OR ORDERING REPORT; CONSIDERATION OF CITY MEDICAL MARIJUANA MEASURE(S) — City Attorney's Office; City Clerk's Office RECOMMENDATION: A. It is recommended that the City Council: 1. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding: An Initiative to Allow Operation of Up to Eight Medical Marijuana (Cannabis) Businesses in the City of Costa Mesa; and 2. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding: An Initiative to Allow Operation of up to Four Licensed Medical Marijuana Businesses in City of Costa Mesa. B. Further, it is recommended that the City Council approve (for each initiative) one of the following options: 1. Adopt the ordinance (for either initiative), without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented (authorized by the Election Code, yet not recommended); or 2. Order a special election (for either initiative), to be held pursuant to subdivision (a) of Election Code § 1405 [which states that the election for a municipal initiative that qualifies shall be held not less than 88 nor more than 103 days after the date of the order of election], at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city; or 3. Order a regular election (for either initiative), to be consolidated with the next "regularly scheduled general election for members of the governing body of the local government," pursuant to Article XIII C § 2(b) of the California Constitution, which would be November 8, 2016; or 4. Order a report pursuant to Election Code § 9212 (for either initiative) at the regular meeting at which the certification of the petition is presented. ITEMS REMOVED FROM THE CONSENT CALENDAR CONTINUED PUBLIC COMMENTS COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 9 v.1, 11/12/2014 REPORT — CITY ATTORNEY ADJOURNMENT — To Regular Meeting — December 2, 2014 at 5:00 p.m. UPCOMING COMMUNITY EVENTS AND ACTIVITIES • Canvas Costa Mesa: An Art Event, November 21St from 7:00 p.m. - 10:00 p.m., at The LAB: 2930 Bristol St., Costa Mesa • City Hall Closed for Thanksgiving November 27 and 28, 2014. AGENDA —REGULAR MEETING — November 18, 2014 — PAGE 10 v.1, 11/12/2014 WARRANT RESOLUTION NO. 2525 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-21 "A" FOR $157,350.30 AND 14-22 FOR $2,143,406.15; AND CITY OPERATING EXPENSES FOR $2,965,916.94, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the attached claims and demands have been audited as required by law and that the same are hereby allowed in the amounts, and the payments made are hereby ratified. SECTION 2. That the City Clerk shall certify to the adoption of this warrant resolution and shall deliver a copy thereof to the City Treasurer/City Director of Finance, and shall retain a certified copy thereof in the City records in the Office of the City Clerk. PASSED AND ADOPTED this 185` day of November, 2014. ATTEST: cb- ay-p� BRENDA GREEN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Warrant Resolution No. 2525 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18" day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: GENTS, LEECE, MONAHAN, MENSINGER, RIGHEIMER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 18"' day of November, 2014. LOA � BRENDA GREEN4 CITY CLERK Resolution No. 2525 CITY COUNCIL AGENDA REPORT MEETING DATE: November 18, 2014 ITEM NUMBER: 3 SU13JECT: ADOPTION OF WARRANT RESOLUTION DATE: October 31, 2014 FROM: Department of Finance FOR FURTHER INFORMATION CONTACT: Stephen Dunivent at 714-754-5243 RECOMMENDATION: City Council adopt Warrant Resolution No. 2525 to be read by title only and further reading waived. BACKGROUND: In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. FISCAL REVIEW: Funding Payroll No.14-21 "A" for $157,350.30; Payroll No. 14-22 for $2,143,406.15; and City operating expenses for $2,319,806.30. STEPHEN DUNIV NT Interim Finance Director Report ID: CCM2001V City of Costa Mesa Accounts Payable Page No. 1 CCM VOID CHECK LISTING Run Date Oct 30,2014 Bank: CITY Run Time 3:39:48 PM -Cycle: Payment Ref Cancel Date Status Remit To Remit ID Payment Date Payment Amt 0183528 10/29/2014 V Matthew Kaihewalu 0000022938 10/03/14 (250.00) Line Description: Check never received due to incorrect mailing address. Stop payment placed on 10/29/14 and check re -issued on 0183725 10/30/2014 V Mesa Consolidated Water District 0000003144 10/17/14 (37,825.43) Line Description: 10/30/14 Vendor did not received payment_ Put stop payment and re -issued. 0183774 10/28/2014 V Data Ticket Inc 0000010929 10/17/14 (580.00) Line Description: 10/27/14 Fee for two citation belong to City. (#P667611, P667616). Void refund check. End of Report TOTAL ($38,655.43) Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No_ 1 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: COMM Run Time 2:05:38 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 000825 10/31/14 P Apple One Employment Services 0000001055 3,425.92 Line Description: Temp Svcs Rec 9122-9/26114 Temp Svcs Rec 9/29-1013114 Temp Svcs Cntrl Svs 9129-1013 Temp Svcs Cntl Svs 9122-9/26 000826 10/31114 P Ariel Supply Inc 0000006035 4,531-64 Line Description: Toner Cartridges Toner Cartridges Toner Carfridges Toner Cartridges Toner Cartridges Toner Cartridges Toner Cartridges 000827 90/31/14 P CBE 0000015149 2,240.78 Line Description: Copier Maint 10/5-1114/14 Overage Fee 9P5-10/4114 Copier Overage Fee 912 0-1 011 9 Copier Overage Fee 915-1014114 Copier Overage Fee 915-1014 Copier Overage Fee 9/5-1014114 Overage Fee 915-1014114 Freight Charge 4 Free Toner 000828 10/31/14 P ComSerCo Inc 0000008246 4,399.50 Line Description: One -Wire Surveiflance Kit Sales Tax Shipping Fee BDA Repairs 000829 10131/14 P FM Thomas Air Conditioning Inc 0000017151 5,071.50 Line Description: HVAC Maint-Oct 14 TOTAL $19,669.34 End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 29,2014 Bank: DDP1 Run Time 2:24:31 PM cycle-, ADIRDP Payment Ref Date Status Remit To Remit [D Payment Amt 003146 10/31/14 P Alan F Kent 0000006393 2.17479 Line Description: 1 % Supplemental Pay Nov 2014 003147 10/31/14 P Beckee Cost 0000016309 946.08 Line Description: 1% Supplemental Pay Nov 2014 003148 10/31/14 P Chris Morris 0000007439 2,500.00 Line Descnption: Monthly LTD Payment Nov 2014 003149 10/31/14 P Danny Hogue 0000006802 1,137.03 Line Description: 1 % Supplemental Pay Nov 2014 003150 10/31/14 P Darlene Bell 0000005602 580.54 Line Description: 1 % Supplemental Pay Nov 2014 003151 10131/14 P David A Dye 0000002065 260.90 Line Description: 1% Supplemental Pay Nov 2014 003152 10131114 P Edmond Zuorski 0000005299 1,009.04 Line Description: 1 % Supplemental Pay Nov 2014 003153 10/31/14 P Edward Dryzmala 0000006686 1,377.28 Line Description: 1 % Supplemental Pay Nov 2014 003154 10/31/14 P Gary D Webster 0000004487 1,204.44 Line Description: 1% Supplemental Pay Nov 2014 003155 10/31/14 P George J Yezbick Jr 0000005045 1,184.00 Line Description: 1% Supplemental Pay Nov 2014 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Oct 29,2014 Bank: DDP1 Run Time 2:24:31 PM Cycle: Anlppp Payment Ref Date Status Remit To Remit ID 003156 10/31/14 P Harlan Pauley 0000003569 Line Description: 1% Supplemental Pay Nov 2014 003157 10131114 P James M Miller 0000007440 Line Description: Monthly LTD Payment Nov 2014 003158 10/31/14 P Matthew J Collett 0000001720 Line Description: I% Supplemental Pay Nov 2014 003159 10/31/14 P Paul A Cappuccilli 0000007705 Line Description: 1% Supplemental Pay Nov 2014 003160 10/31/14 P Phil Dickens 0000005801 Line Description: 1% Supplemental Pay Nov 2014 003161 10/31114 P Richard J Johnson 0000005620 Line Description: 1% Supplemental Pay Nov 2014 003162 10/31/14 P Ted Curry 0000001896 Line Description- Monthly LTD Payment Nov 2014 003163 10/31/14 P Thomas Boylan 0000001366 Line Description: 1 % Supplemental Pay Nov 2014 003164 10/31/14 P Thomas J Lazar 0000002925 Line Description: I% Supplemental Pay Nov 2014 Payment Amt 232.12 2,500.00 856.58 1,214.50 511.76 1,255.66 1,03T98 115.97 1.703.25 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run date Oct 29,2014 Bank: DDP1 Run Time 2:24:31 PM Cycle: Payment Ref Date 003165 10/31/14 Status Remit To P William H Bechtel Line Description: 1 % Supplemental Pay Nov 2014 End of Report 0000001224 Payment Amt 1,622.58 TOTAL $23,404.50 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To 0184027 10/31/14 P Advantec Consulting Engineers Inc Line Description: Fariview TSSP Proj-Aug 14 Fariview TSSP Proj-Dec 13 Fariview TSSP Proj-Jan 14 Fariview TSSP Proj-Mar 14 Fariview TSSP Proj-July 14 Fariview TSSP Proj-Apr 14 Fariview TSSP Proj-May 14 0184028 10/31/14 P Albert Grover & Associates Inc Line Description_ Baker/Placentia TSSP-Sept 14 0184029 10/31/14 P Civil Source Line Description: Cnstrn Mgntlinpectn-Sept 14 CIP Proj Staff Support-Sept14 Park Staff Support -Sep 14 0184030 10/31/14 P Fatpot Technologies LLC Line Description: New Interface lmpmtn 0184031 10/31/14 P G4S Secure Solutions Inc Line Description. Jail Facilities Svs.Sep 14 0184032 10/31/14 P industrial Networking Solutions Line Description: Antenna Plus Broadband Router LTE Sales Tax (8.00%) 0184033 10/31/14 P Jones & Mayer Line Description: 68690 -CEO 68691 -Civic Center Barrio 69682-246 Cabrillo Remit ID Payment Amt 0000021528 17,826.14 0000014065 45,791.77 0000017030 43,960.00 0000003034 24,995.00 0000022480 63,983.39 0000022583 23,406.58 0000014653 142,085.11 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32.15 PN Cycle: AmwLy Payment Ref Date Status Remit To Line Description: 69683 -Richardson 69688- Ctiy Attorney 69692 -Code Enforcement 69694 -City Council 69696 -Finance 69698 -Fire Dept 69707 -Lawrence 69706 -Johnstone 69705 -James 69704 -IT 69703-I nterins u ran ce 69702 -Housing 69701-Hartbrodt 69700 -Griffin 69699 -Goggin 69724 -Robertsons CT&F 69723 -Risk Management 69722 -Ricks 69721 -Recreation 69720 -Quality of Life Group 69719 -Public Svs 69718 -Prada 69717 -Police Dept 69716 -Planning Comm 69715-Pfaut7 69714-Petrowske 69713 -PD Med marijuana 69712 -Parks & Community 69711 -Olson 69710 -Olsen 69709 -Mood 69708 -Litigation 69726 -Telecomm 69725 -Taft 69697 -Finch 69695 -Development Svs 69693 -Connolly 69689 -City Clerk 69687-Baltusis Remit ID Payment Amt Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: AiAiKi Payment Ref Date Status Remit To Line Description: 69686 -Bailey 69685 -Animal Control 0184034 10/31/14 P Janes Day Line Description: CMCEA-J7/31/14 CMCEA-6130114 0184035 10/31/14 P Mesa Consolidated Water District Line Description: Sr Cntr Fireline 811 2-1 011 511 4 1035 W 19th 8115-10/16114 3400 Smalley 911 5-1 011 511 4 970 Arlington 9115-10/15/14 570 W18th 911 5-1 011 511 4 BCC 9115-10/15114 1200 Victoria 9/15-10115114 600 112 Town Cntr 9/11-10120 523 Hamilton 8/19-10121/14 751 Victoria 8119-10122/14 861 112 Victoria 8120-10122114 970 Arbor 8120-10123114 970 Arbor 8121-10123114 2109 Canyon 8/21-10123114 2115 Canyon 8121-10123114 1085 Sea Bluff 8121-10123114 985 112 Victoria 8/20-10/22114 1015 112 W 19th 8115-10/16/14 524 1/2 W 19th 8119-10121114 562 112 W 19th 8119-10/21114 628 112 W 19th 8119-10/21114 720 112 W 19th 8119-10122114 782 Shalimar 811 3-1 011 611 4 420 112 W 19th 8118-10120/14 1900 Adams 9115-10115/14 Sr Cntr Fireline10115-10124!14 FS ##4 9115-10/15/14 3143 Bear 9/15-10/15114 2141 Tustin 8/7-1019114 Remit ID Payment Amt 0000021335 31,952.90 0000003144 74,402.35 deport ID: CCM2001 City of Costa Mesa Accounts Payable Page No. SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CIN Run Time 3:32:15 PN Cycle:_ AWKI Y ---- Payment Ref Date Status Remit To Line Description: 1800 Newport 814-10/6114 402 112 Broadway 815-1016114 195 112 Broadway 814-1016114 134 112 E 19th 815-1017/14 360 Ogle 814-1011114 111 Fair 812 7-912 911 4 140 112 E 17th 815-1012114 140 112 F 17th 8/5-1012114 1648 112 Newport 811-10/1114 1648 112 Newport 811-10/1114 257 E 16th 7131-1011114 257 E 16th 7131-10/1114 257 E 16h 7131-1011114 257 E 16h 7131-1011114 3581 Harbor 8127-9129/14 3581 Harbor 812 7-912 911 4 1400 Sunflower 812 7-912 911 4 1400 Sunflower 8127--9129114 2800 Bear 8/27-9/29114 2800 Bear 8127-9129/14 3333 Bear 8/27-9129114 3333 Bear 8127-9/29/14 3333 Bear 812 7-912 911 4 2400 Fariview 8127-9129114 2750 Fairview 812 7-912 911 4 2750 Fairview 8127-9129114 2621 112 Harbor 8127-9/29114 2621 112 Harbor 812 7-912 911 4 234 112 E 17th 814-10/2114 234 112 E 17th 814-10/2114 3202 Harbor 8127-9129/14 3202 Harbor 8/27-9129/14 3333 Bear 8127-9/29114 970 Arlington 8127-9129/14 970 Arlington 8127-9129114 970 Arlington 8127-9129/14 970 Arlington 8127-9/29114 2501 Placentia 8127-9/29114 2501 Placentia 8/27-9129114 Payment Amt Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No_ 5 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CIT Run Time 3:32:15 PM cle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description. 111 Fair 8127-9129/14 1550 E Mesa Verde 7/17-9117114 1550 E Mesa Verde 7/17-9117114 2229 Newport 8127-9129114 2229 Newport 8127-9129/14 2600 Fariview 8/27-9129114 2600 Fariview 8127-9/29114 2400 Fariview 8127-9129114 360 Ogle 814-10/1114 134 112 E 19th 815-10/7114 195 112 Broadway 814-1016114 402 112 Broadway 815-1016114 1800 Newport 814-1016114 2141 Tustin 817-1019114 0184038 10/31/14 P Onward Engineering 0000003212 26,232.68 Line Description: Construction Mgmt & Inspection Construction Mgmt & inspection 0184039 10/31/14 P Orange County Treasurer Tax Collector 0000003489 18,893.46 Line Description: ParkingCitatnProcessing 912014 Radio Repairs CMI Sept 2014 Radio Repairs CM2 Sept 2014 Radio Repairs CM4 Sept 2014 0184040 10/31/14 P Orange County Treasurer Tax Collector 0000003489 32,521.00 Line Description: €nitiativeSignatureVerificatn 0184041 10/31/14 P Robert Taft Sr 0000023001 35,810.00 Line Description: Settlement 4 Traffic Accident 0184042 10/31/14 P 1st Jon Inc 0000018321 941.00 Line Description: Porta Potty Svc 4 FDC Trailer Porta Potty Svc -Scarecrow Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM C cle: AIAWI Payment Ref Date Status Remit To Remit 1D Payment Amt 0184043 10/31114 P AT & T 0000001107 145.22 Line Description: NCC DSL Line 10120-11119114 0184044 10/31/14 P AT & T 0000001107 4,522.53 Line Description: Red Phone FireSta#6 9120-1 011 9 800 Mhz Radiol-ink 9120-10119 Red Phone FireSta#2 9/20-10/19 Red Phone FireSta#1 9120-10119 Red Phone FireSta#4 9120-10/19 Red Phone FireSta#3 9120-10119 PRI Circuit Inbound Trunk 9120 RMATS SCPLSubstation9117-10116 Senior Center 911 5-1 011 411 4 Senior Center 91#5-10114/14 Senior Center 9/15-10114114 RMATS Fire Sta#4 9120-10119114 DRC Fire Alarm 9120-10119/14 Balearic Center Fax 9115-10/14 JackHammettSprtsCmplx9/20-1011 RMATS Civic Center 9120-10119 Fire Emergency Line 9120-10119 Local Usage 9/15-10114114 NCC Alarm 9/19-10118114 Lions Park 9/19-10118114 Metro Net 9120-10/19114 Red Phone FireSta#5 9120-1 011 9 0184046 10/31/14 P AT & T Mobility 0000001107 798.07 Line Description: Rec Cell Phone Usage9112-10/11 IT CeII Phone Usage 9112-10/11 0184047 10/31/14 P AT & T Teleconference Services 0000001107 42.43 Line Description: TeleConference Srvcs-Sept 2014 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To 0184048 10131/14 P Advanced Chemical Transport Inc Line Description: Haz Mat Disposal 0184049 10/31/14 P Agromin OC LLC Line Description: Mulch 4 City Sites 0184050 10/31/14 P Ailstar Fire Equipment Inc Line Description: Safety Boots -Reddy, Ruh) 0184051 10/31/14 P Alonzo H Parker Ill Line Description: Basketball Referee 10/20/14 Basketball Referee 9122114 Basketball Referee 8/19/14 0184052 10131/14 P American Alarm Systems Inc Line Description: Fire/Securty Mntrng 1111-1131 0184053 10/31/14 P American Wellness Supply Line Description: Mattress Covers SAles & Use Tax Payable Sales Tax (8.00°/x) 0184054 10/31/14 P Amtech Elevator Services Line Description: Elevator Maint 1011 -12131114 0184055 10131/14 P Ana Becerra Line Description: Rfnd Sbpn Dep #001-00263611 Remit ID 0000002951 0000021587 0000000986 0000016232 0000008900 0000022213 0000013616 I�I�i�I�I�Y�d1I071 Payment Amt 9,159.75 664.20 655.03 184.00 510.00 1,709.43 2,513.70 161.41 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CIN Run Time 3:32:95 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0184056 10/31/14 P Anaheim Regional Medical Center 0000021276 750.00 Line Description. Victim Physical -Case #14-9606 0184057 10/31/14 P Anthony Monteleone 0000021339 156.00 Line Description Softball Umpire 10/16/14 Softball Umpire 10122/14 0184058 10/31/14 P Aramark Correctional Services Inc 0000013108 644-84 Line Description: Jail Food 8122-9126114 0184059 10/31/14 P Bank of AmericaAccountAnalysis 0000001173 1,607.70 Line Description: Account Analysis 0184060 10/31/14 P Bestway Laundry Solutions 0000001257 238.00 Line Description: Washer Repair 4 Jail Washer Repair Jail 0184061 10/31/14 P Blaze Cone Company Inc 0000012505 1,226.20 Line Description: Sales Tax (8.00%) Shipping Fee Traffic Cones 0184062 10/31/14 P Bryan Wilkins 0000007822 100.00 Line Description: Refund Rec Receipt#2001496.002 0184063 10/31/14 P C3 Office Solutions LLC 0000022890 9,436.84 Line Description. Electronic Waste Fee Interactive Monitor Sales Tax (8.00°/x) Installation Setup and Training Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: AINKLY Payment Ref Date Status Remit To Line Description: Smart Pen ePresent Shipping Fee 0184064 10/31/14 P Candela Corporation Line Description: Re -lamp Lights @ Sr Cntr Lights 0184065 10/31/14 P Candelaria Aguilar Line Description: Refund Rec Receipt#2001494.002 0184066 10/31/14 P Chandler Asset Management Line Description: Investment Mgnt Svs Sept 14 0184067 10/31/14 P Chandlers Air Conditioning & Line Description: Freezer Repair@Property 0184068 10131/14 P Chem Mark Inc Line Description: Laundry Chemicals 4 Jail 0184069 10/31/14 P Choice Electrical Construction Line Description: Heller Pk Lights Repair 0184070 10/31/14 P Christina Braun Line Description: Refund Rec Receipt42000342.002 0184071 10/31/14 P Coast Recreation Int Line Description: Playground Parts Remit ID Payment Amt 0000001564 1,204.03 0000023011 100.00 0000022081 3,331.00 0000001640 232.51 0000006262 203.37 0000019149 518.14 0000016929 100.00 0000001702 777.80 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CIN Run Time 3:32:15 PM C cle: Payment Fief Date Status Remit To Remit ID Payment Amt 0184072 10/31/14 P Community SenicrSery 0000018544 10,000.00 Line Description: CDBG 1st Qtr 2014-15 Grant CDBG 1st Qtr 2014-15 Grant 0184073 10/31/14 P CompuCom Systems 0000004859 799.89 Line Description: 3 Copies of Adobe System 0184074 10/31/14 P Cooper Floors Inc 0000022860 3,700.00 Line Description: SENIOR CENTER - Parguet Floor 0184075 10/31/14 P Costa Mesa Auto Glass 0000010001 1,637.96 Line Description: Window Tint -#514 Window Tint -#520 Window Tint -#523 Window Tint -#525 Window Tint -#515 Window Tint -#517 Window Tint -#524 Window Tint -#509 0184076 10/31/14 P Costa Mesa Lock & Key 0000001817 230.00 Line Description: Lock Repair @ PD Sr Cntr Lock Repair 0184077 10/31/14 P Craig Hanks 0000011/02 46.00 Line Descripfion: Basketball Referee 10/20/14 0184078 10/31/14 P Creative Outlet Studio Inc 0000022080 100.00 Line Description: Scarecrow Wkshp 916114 0184079 10/31114 P Crime Scene Steri -Clean LLC 0000020122 750.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To 500.00 0000002130 Line Description: Biohazard Clean Up&Disposal 0184080 10/31/14 P Curtis Moore Line Description: Refund Live Scan Fee 0184081 10/31/14 P David Taussig & Associates Inc Line Description: Park Inpact Fees Study -Oct 14 0184082 10/31/14 P Dennis Harris Line Description: Basketball Referee 9116114 Basketball Referee 10/21/14 0184083 10/31/14 P Donnoe & Associates Inc Line Description: Sgt Test 0184084 10/31/14 P Eastside Costa Mesa Neighborhood Line Description: Refund Rec Receipt#2001491.002 0184085 10/31/14 P Entenmann Rovin Company Line Description: Dome Badge 0184086 10/31/14 P Enterprise Rent A Car Line Description_ Undercover Cars Undercover Cars Undercover Cars Undercover Cars Undercover Cars 0184087 10/31/14 P Enterprise Rent A Car Line Description: Monthly Lease Charge -Oct 14 Remit ID Payment Amt 0000023009 103.00 0000022865 2,725.00 0000002466 115.00 0000010228 517.50 0000020083 500.00 0000002130 529.00 0000002131 4,583.52 0000002131 5,063.20 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CIN Run Time 3.32:15 PM -Cycle: Payment Ref Date Status Remit To 95.00 0000006757 500.00 0184088 10131114 P Expo Propane Inc 233.08 0000002297 Line Description: Propane -Corp Yard 0184089 10/31/14 P FTOG Inc Line Description_ Interim Buyer 10/13-10124/14 0184090 10/31/14 P Fed Fx Corp Line Description. Ground Deiivery Ground Delivery 0184091 10/31/14 P Fercano Dainera Line Description Refund Citation K128312 0184092 10/31/14 P File Keepers LLC Line Description Records Destruction -Sept 14 0184093 10/31/14 P Fire Information Support Services Inc Line Description: 3rd Qtr 2014 CSFM 0184094 10/31/14 P Fitzgeralds Auto Care Center Line Description: Smog & Repair -#104 0184095 10/31/14 P Gale Tuso Line Description: I% Supplemental Pay Nov 2014 0184096 10/31/14 P Galls LLC Line Description: Duty Gears Duty Holster - BLH Remit ID Payment Amt 0000017819 438.45 0000021401 2,137.50 0000002190 80.20 0000023008 3.00 0000022380 95.00 0000006757 500.00 0000021295 197.93 0000017460 233.08 0000002297 1,246.20 Report ID. CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank. CIN Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To 0000021758 Line Description: Duty Holster - BRH 0000002211 Sales Tax (8.0%) 0184097 10/31/14 P Glenns Alignment & Brake Service Line Description: Alignment --##180 0184098 10/31114 P Gloria Lemus Line Description- Crime Scene/Forensic Photo 0184099 10/31/14 P Government Staffing Services Inc Line Description. Interum Buyer 1 016-1 011 711 4 Temp Svs-Mgnt Anlys 1016-10/19 Temp Svs-Proj Mgr 10/6-10119 Temp Svs-Engr 10/6-10119114 Temp Svs-Engr 1 011 3-1 011 7 0184100 10/31/14 P Grainger Line Description: Pressure Switch Magnetic Motor Starter 0184101 10131114 P Hosford & Hosford Inc ALC Line Description: Subpoena Dep Rfnd 001-00262818 0184102 10/31/14 P Hunter Systems Group Inc Line Description: Mug Shot Camera Maint 0184103 10/31/14 P Ikuyo Geiman Line Description: Refund Rec Receipt#2001492.002 0184104 10/31/14 P Industrial Metal Supply Line Description: Stainless Plate Remit ID Payment Amt 0000002344 110.00 0000017/39 242.15 0000022422 14,736.26 0000002393 452.46 0000023006 275.00 0000021758 299.00 0000002211 51.00 0000002653 114.01 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Steel 4 Mounting Brackets 0184105 10/31/14 P JD Lock & Key 0000005930 12.15 Line Description: Keys 0184106 10/31/14 P JTB Supply Company Inc 0000007814 7,589.16 Line Description: Meter Pedestal - Harbor/Adams Salex Tax (8.00%) 0184107 10/31/14 P James G Brown 0000016259 145.30 Line Description: Arrest & Cntl Instrctr 0184108 10/31/14 P Jeff Tibbets 0000004161 405.00 Line Description: Vehicle Reflective Flages 0184109 10131/14 P John Deere Landscapes Inc 0000016331 357.06 Line Description: Irrigation Supplies 0184110 10/31/14 P Jose Ruiz 0000023010 5.00 Line Description: Refund Rec Receipt#2001488.002 0184111 10/31/14 P Joyce E Tillner 0000018762 65.65 Line Description: 1% Supplemental Pay Nov 2014 0184112 10/31/14 P Kabbara Engineering 0000002795 4,515.00 Line Description: On -Call Trffc Eng 8116-8131114 On -Call Trffc Eng 7/1-8/15/14 0184113 10/31/14 P Kellys Pool Service 0000013443 240.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. is SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Ren Time 3:32:15 PM C cle: Payment Ref Date Status Remit To 0000002882 Line Description: DRC Pool Cleaning -Oct 14 0184114 10/31114 P Keyser Marston Associates Inc 0000019179 Line Description: Civic Center Barrio -Sep 14 0000002960 Homeless Consulting -Seip 14 0184115 10/31114 P Kimball Midwest Line Description: Shop Supplies 0184116 10/31/14 P La Opinion Line Description: Subscription Rnwi for Jail 0184117 10/31/14 P Lawrence P Shield Line Description: Softball Umpire 10/22/14 0184118 10/31/14 P LexisNexis Risk Data Management Inc Line Description: Public Records Access-Sep2014 0184119 10/31/14 P Liebert Cassidy Whitmore Line Description: Legal -General Legal -Personnel Matter Legal -60th Anniversarylnvstgtn Legal -Personnel Matter 0184120 10131114 P Like Nu Concrete Magic Line Description: CMPD Concrete Repair FS#5 Concrete Pad Repair 0184121 10/31/14 P Los Angeles Times Line Description: Legal Notices for Pianning Div Remit ID Payment Amt 0000002824 7,582.30 0000006819 802.15 0000002882 181.97 0000017089 78.00 0000019179 288.00 0000002960 2,431.50 0000022739 6,490.00 0000003000 153.31 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0184122 10/31/14 D Mar Co Equipment Company 0006620400 1,395.77 Line Description: Sweeper Parts 0184123 10/31/14 P Mar Vac Electronics Corporation 0000003049 11.29 Line Description: Mini Lamps 0184124 10131/14 P Mario Garcia 0000023002 43.50 Line Description: Refund Citation CM214081301 B 0184125 10/31/14 P Matthew Kaihewalu 0000022938 250.00 Line Description: Refund Rec Receipt 2001409.002 Refund Rec Receipt 2001409.002 0184126 10/31/14 P Mesa Hose & Supply 0000003146 64.80 Line Description: Hose for Unit #3B9 0184127 10/31/14 P Michael J Bolden 0000001329 46.00 Line Description: Basketball Referee 1017114 018412B 10/31/14 P Mike Linares Inc 0000002969 7,507.50 Line Description: CABG -Home Coord 8125-8/29114 CABG -Home Coord 9/1-9/5114 CDBG-Home Coord 9/8-9119114 0184129 10/31/14 P Mike Raahauges Shooting Enterprises 0000006853 440.00 Line Description: Range Fees for SWAT 0184130 10/31/14 P Motor Age Training 0000023000 4B1.96 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Oct3o,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Training Manual 0184131 10/31/14 P Motorola 0000003245 305.81 Line Description: Remote Microphones 0184132 10/31/14 P National Data & Surveying Services 0000021249 1,849.00 Line Description: Car Count Collection Svs 0184133 10/31/14 P Noack Trophy & Engraving Company 0000003360 84.24 Line Description. Name Badges for City Clerk 0184134 10/31/14 P Office Max Incorporated 0000020710 2,876.96 Line Description: Office Supplies -Senior Center Office Supplies -IT Office Supplies -PD Records Office Supplies -NCC Office Supplies -HR Office Supplies -Bldg Safety Office Supplies-Dev Svcs Admin Office Supplies -Finance Admin Office Supplies -Fire Admin Office Supplies -CEO Office Supplies Admin Svcs Office Supplies -Senior Center 0184135 10/31/14 P Orange County Probation Department 0000003491 1,265.00 Line Description: Juvenile Court Work Prog Juvenile Court Work Program 0184136 10/31/14 P Orpak USA Inc 0000015894 89.42 Line Description: Fuel Coils Report ID: CCM2001 City of Costa Mesa Accounts Payabie Page No. 18 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To Remit ID 0184137 10131114 P Porterfield Enterprises LTD 0000003662 Line Description_ Under Hood Thermal Lining Shop Supplies 4 Fleet Services 0184138 10/31/14 P Protection One 0000006543 Line Description: Historical Soc Bldg Alarm Svcs 0184139 10/31/14 P Quentin W McKenzie 0000011175 Line Description: Basketball Referee 10/21/14 Basketball Referee 10/27/14 0184140 10/31/14 P R & B Products USA LLC 0000019304 Line Description: Pressure Washer Repair 0184141 10/31/14 P Rand Foster 0000010791 Line Description: Softball Umpire 10/20/14 0184142 10/31/14 P Randall Buck 0000005730 Line Description: CSC Chptr 11 B Accessibility 0184143 10/31/14 P Randstad Technologies LP 0000022571 Line Description: Temp IT Support Staff 911-10/5 0184144 10/31/14 P Recreonics Inc 0000022704 Line Description. racing Lane Lines - Sales & Use Tax Payable Shipping Fee Sales Tax (8.00%) 0184145 10/31/14 P Redemption Community Church 0000023003 Payment Amt 1,093.21 53.55 92.00 571.06 52.00 175.00 5,720.00 1,217.42 425.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Rfnd Special Event Permit Fees 0184146 10/31/14 P Ricky Loya 0000022490 78.00 Line Description: Softball Umpire -10122114 0184147 10/31/14 P Rincon Truck Center 0000013236 451.81 Line Description: Oil, Fuel, & Air Filters Lamp Assemblies 0184148 10/31/14 P Robert Newman 0000018053 253.00 Line Description: Basketball Referee 10/27/14 Basketball Referee 9115-9122 0184149 10/31/14 P Roger Cole 0000023004 111.50 Line Description: Refund Citation K127674 0184150 10/31/14 P Roto Rooter Service & Plumbing Company 0000003863 1,459.82 Line Description: Plumbing Svc @ Wilson Park Fire Sta#4 ADA Improvements 0184151 10/31/14 P S B Baker & Associates Inc 0000023005 11.00 Line Description: PD Report Refund 4 Overpayment 0184152 10/31/14 P SC Fuels 0000013839 14,514.07 Line Description: Diesel Fuei for Corp Yard Diesel Fuei for Fire Sta#5 0184153 10/31/14 P Safeway Sign Co. 0000016310 5,219.47 Line Description: Blank Face Sign Face Sales Tax (8.00%) Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 20 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ret Date Status Remit To 0184154 10/31/14 P Scientia Consulting Group Inc Line Description: IT Consultant 9/21-1014114 0184155 10/31/14 P Sears Commercial One Line Description: Recliners FS46 Sales Tax (8.00°/x) 0164156 10/31114 P Sierra Java Inc Line Description: Coffee Supplies 4 City Council 0184157 10131/14 P SimplexGhnnell LP Line Description: Fire/Life/Safety Testing -Comm FirelLifelSafety Testing-FS#5 Fire/Life/Safety Testing-FS43 Fire/LifelSafety Testing -PD Fire/LifelSafety Testing-FS#6 Fire/LifelSafety Testing -NCC Fire/Life/Safety Testing -CH FirelLifelSafety Testing -DRC Fire/Life/Safety Testing-SrCtr Fire/Life/Safety Testing -WSS 0184158 10/31/14 P Simplot Partners Line Description: Chemicals for Parks Chemicals 4 Parks & Sportsflds 0184159 10/31/14 P Smith Pipe & Supply Inc Line Description: Irrigation Supplies for Parks 0184160 [0131114 P Southern California Edison Company Line Description: 555 112 Paularino9/23-10123114 Remit ID Payment Amt 0000021410 6,321.00 0000003976 2.099.52 0000004027 155.90 0000011336 3,252.36 0000003061 674.02 0000004049 143.77 0000004088 554.83 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 21 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Lina Description: 867 Prospect 9123-10123114 2301 Harbor 9124-10124114 3120 Manistree 9123-10123114 0184161 10/31/14 P Southern California Edison Company 0000004695 2,948.83 Line Description: 2247 Republic St Light Install 0184162 10131/14 P Southem California Gas Company 0000004092 813.86 Line Description: 2310 Placentia 9123-10121114 NCC 9122--10120114 2300 Placentia 9123-10121114 FS #3 9122-10120114 DRC 9/22-10120114 DRC Pool 9122-10120114 567 W 19th 9/22-10120114 FS #2 9127-10122114 FS #4 9123-10121114 0184163 10/31/14 P Sprint 0000015635 227.62 Line Description: PD Cell Phone Usage 0184164 10/31/14 P Stancil Corporation 0000021230 12,780.00 Line Description: Stancil Recording Upgrade 0184165 10/31/14 P State of California Dept of Justice 0000001534 12,977.00 Line Description: Fingerprint Apps for Sept 2014 0184166 10/31/14 P Steadfast Contracting Inc 0000021584 2,565.65 Line Description: Install Data Drops 5th Floor Computer Data Line Installatn 0184167 10/31/14 P Steen Security Inc 0000015257 479.88 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 22 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle' Payment Ref Date Status Remit To Remit ID Line Description: Sr Center Security Monitoring 0184168 10/31/14 P Steve Clever 0000010800 Line Description: Softball Umpire 10/23/14 0184169 10/31/14 P StradIing Yocca Carlson & Rauth 0000004168 Line Description: Legal -General Legal -General Legal -Habitat for Humanity Legal -CM Family Village Legal -Costa Mesa Village Legal -Civic Center Barrio Legal -Single Family Rehab Prog Legal -General 0184170 10/31/14 P Ted Gibson Masonry & Son Inc 0000019510 Line Description: Carnary Dr Retaining Wall 0184171 10/31/14 P Tessco 0000004822 Line Description: Antennas 0184172 10/31/14 P Thales Consulting Inc 0000010332 Line Description: Prep of City's Street Report Prep of FYI 3-14 St CntrilrsRpt 0184173 10131114 P The Bank of New York Mellon 0000005664 Line Description: Admin Fee -2003 Tax Allocation 0184174 10/31/14 P The Bode Technology Group Inc 0000018930 Line Description: Bode S.I.T. Collectors Shipping Fee Sales Tax (8.00°/x) Payment Amt 78.00 9,618.30 9,136.30 437.68 3.700.00 1,802.00 2,280.20 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 23 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle. Payment Ref Date States Remit To 0164175 10/31/14 P The UPS Store #0247 Line Description: Shipping Fees 0184176 10/31/14 P Theodore Robins Ford Line Description: Lever for Unit#104 Airbag Lamp for Unit#720 Pin for Unit#104 Fan Motor & Relay for Unit#705 Switch for Unit#785 Sensor Assembly for Unit#751 Relay - Auto Part 0184177 10/31/14 P Thomson Reuters Line Description: Clear Services Subscription 0184178 10/31/14 P Time Warner Cable Line Description: Equipment Fees I Oil 6-1 111 511 4 Equipment Fees 9129-10128114 0184179 10/31/14 P Tomark Sports Inc Line Description: Materials for TeWinkle AC 0184180 10/31/14 P US Postal Service Line Description: Postage for Postage Meter 0184181 10/31/14 P US Postmaster Line Description: Standard Mail Fee 0184182 10/31/14 P Uline Line Description: Cable Ties for PD Property Remit ID Payment Amt 0000012655 0000004245 0000022223 0000011202 0000004273 0000004376 0000004377 0000010970 460.31 FRIUW-1 234.70 WOW13d 931.56 10, 000.00 10,000.00 Ki34EIf.7 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 24 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CITY Run Time 3:32:15 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0184183 10/31/14 P United Rotary Brush Corp 0000003525 346.40 Line Description- Street Sweeper Brooms 0184184 10/31/14 P Verizon Wireless 0000008717 4,179.24 Line Description: Broadband Svcs for Sep 2014 0184185 10/31/14 P Vic Duong 0000011215 130.00 Line Description: Softball Umpire 10120-10121114 0184186 10/31/14 P Vision Internet Providers Inc 0000010175 210.00 Line Description: Web Hosting & Mairt Oct 2014 0184187 10/31/14 P Vulcan Materials Company 0000007403 220.32 Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes 0184188 10/31114 P Walters Wholesale Electric Co 0000011706 1,005.36 Line Description: Senior Center Light Bulbs Senior Center Light Bulbs Electrical Supplies Flourescent Light Bulbs 0184189 10/31/14 P Waterline Technologtes Inc 0000014520 326.36 Line Description: Pool Chemicals for DRC Pool Chemicals for DRC 0184190 10/31/14 P Waxie Sanitary Supply 0000004480 12.97 Line Description: ADA Signage for 4th Floor Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 25 SUMMARY CHECK REGISTER Run Date Oct 30,2014 Bank: CIN Run Time 3:32:15 PM Cycle: AWKLY Payment Ref Date Status Remit To 0184191 10/31/14 P Wayne Electric Company Inc Line Description: Light Tower Parts Light Tower Parts 0184192 10/31/14 P Wayne Ritchie Line Description: Softball Umpire 10/22/14 Softball Umpire 10/23/14 0184193 10/31/14 P Westates Line Description: Name Plate for PD Mail Box Name Plate 0184194 10/31/14 P Youth Employment Services Line Description: CDBG Grant Subrecipient Agreem End of Report Remit ID Payment Amt 0000004482 3,634.20 0000022963 156.00 0000004505 24.70 0000004607 4,750.00 TOTAL $867,747.65 Report ID: CCM20010 City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Oct 30,2014 Bank: CITY Run Time 3:32:32 PM C cle: Payment Ref Date Status Remit To 0184036 10/31/14 0 Mesa Conso€idated Water District Line Description: Overflow 0184037 10/31/14 O Mesa Consolidated Water District Line Description: Overflow 0164045 10/31/14 0 AT & T Line Description: Overflow End of Report Remit ID 0000003144 0000003144 Payment Ami 0.00 0.00 0000001107 0.00 TOTAL 0.00 Report ID: CCM2001V City of Costa Mesa Accounts Payable Page No. i CCM VOID CHECK LISTING Run Date Oct 23,2014 Bank: CITY Run Time 3:22:56 PM Cycle: Payment Ref Cancel Date Status Remit To Remit iD 0181604 10/22/2014 V Western Transit Systems Inc 0000011971 Line Description. Check never received. Stop payment placed on 10/22/14 and check re -issued. 005 End of Report Payment Date Payment Amt 07/11/14 (6,136.83) TOTAL ($6,136.83) Report I❑: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run ❑ate Oct 23,2014 Bank: COM1 Run Time 1:53:41 PM Cycle: Payment Ref ❑ate Status Remit To Remit I❑ Payment Amt 000821 1012414 P Apple One Employment Services 0000001055 3,562.16 Line Description: Temp Svs-Cntrl Svs9/15-9119114 Temp Svs-Rec 9115-9/19114 Temp Svs-Eng 911 5-911 811 4 Temp Svs-Eng 911 5-911 911 4 Temp Svs-Eng 09/06/14 Temp Svs-Eng 9122-9125/14 Temp Svs-Eng 912-915/14 000822 10/24/14 P Hub Auto Supply 0000002584 2,325.81 Line Description: Auto Paris -Sept 2014 000823 10/24/14 P Smith Pipe & Supply Inc 0000004049 958.86 Line Description: Backflow Enclosure Newport/Sup Irrigation Electrical Control Ir 000824 1012404 P Ware Disposal Inc 0000000255 17,260.46 Line Description: Refuse Collection June 2014 City Refuse Sres July 2014 City Refuse Sres Sept 2014 TOTAL $24,107.29 End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: DDP1 Run Time 1:28:28 PM C cle: Payment Ref Date Status Remit To 003141 10/24/14 P Costa Mesa Employees Association Line Description: Payroll Deduction Check 1422 003142 10/24114 P Costa Mesa Executive Club Line Description- Payroll Deduction Check 1422 003143 10/24/14 P Costa Mesa Firefighters Association Line Description: Payroll Deduction Check 1422 003144 10/24/14 P Costa Mesa Police Association Line Description: Payroll Deduction Check 1422 003145 10/24/14 P Costa Mesa Police Management Assn Line Descnption: Payroll Deduction Check 1422 End of Report Remit 1D Payment Amt 0000006284 4,269.91 0000006286 200.00 0000001812 5,478.40 0000001819 7,560.00 0000005082 150.00 TOTAL $17,658.31 Report [D: CCM2001 City of Costa Mesa Accounts Payable Page No- 1 SUMMARY CHECK REGISTER Run Date Oct 20,2014 Bank: CITY Run Time 3:01:15 PM cycle: Payment Ref Date 0183871 10/20114 Status Remit To P Arts & Leaming Conservatory Line Description. Literature2 Life Theater Prog End of Report Remit 1D 0000020832 Payment Amt 2,700.00 TOTAL $2,700.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 20,2014 Bank: CITY Run Time 3:0412 PM Payment Ref Date 0183872 10/20/14 Status Remit To P Irene Engard Line Description: Exp $ Summer Art Bash End of Report Remit ID 0000014/83 Payment Amt 0114K. -A TOTAL $221.62 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0183873 10/24114 P Affant Communication 0000013540 31,586.19 Line Description: Annual Affant Maint. Agreement Annual CH Lanner ThreatStop Ma Annual PD Lanner ThreatStop Ma 0183874 10124!14 P Ailstar Fire Equipment Inc 0000000986 18,869.22 Line Description: Sales Tax (8.00%) Turnout Pant Turnout Coat 0183875 10/24/14 P Civil Source 0000017030 98,310.00 Line Description: CIP Proj Staff Support -Aug 14 CIP Proj Staff Support -Jul 14 0183876 10/24/14 P Econolite Control Products Inc 0000002080 26,172.74 Line Description: Sales Tax (8.00%) Signal Cabinet 0183877 10124/14 P Southern California Edison Company 0000004088 53,958.65 Line Description: 199 Broadway 911 6-1 011 611 4 Fac & Equip 812&-9/25114 401 Broadway 9116-10116/14 1040 Paularino 9117-10117114 0183878 10/24/14 P West Coast Arborists Inc 0000004498 30,239.00 Line Description: Tree Maint Srvcs 9/16-9/30114 0183879 10/24/14 P A -Z Bus Sales Inc 0000001143 27.33 Line Desctiption: Rubrall Cap -#527 0183880 10/24/14 P AMEC Environment & Infrastructure Inc 0000021354 10,602.97 Report 1D_ CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM Cycle. Payment Ref Date Status Remit To Remit ID Line Description: NPDES Prog Suport-7125114 0183881 10/24114 P ARCO Business Solutions 0000018562 Line Description: Fuel 1011-10/15114 0183882 10/24/14 P AT & T 0000001107 Line Description: Wakeham Park 9/10-1019114 Firewall Fire Sta#1 9110-1019 0183883 10/24/14 P AT & T 0000001107 Line Description: 911 Cama Trunks 10114-11113/14 0183884 10/24/14 P Aikido Federation of California 0000000937 Line Description: Instructor Pymnt-Fall 14 0183885 10/24/14 P Alans Lawnmower & Garden Center Inc 0000019220 Line Description: CleanlAdj Throttle Lever Parts & Tune -Up Handheld Repair CouplingNeshaft Assy Small Equipment Repair Fuel Mix 4 Chain Saws Tune-up/Carburetor Rebuild Handheld Tune-uplRepair Parts Handheld Tune-up/Repair Parts Handheld Tune-up/Parts 0183886 10/24/14 P Alex Milov 0000021598 Line Description: Instructor Pymnt-Fal{ 14 0183887 10/24/14 P Allied Nationwide Security Inc 0000022698 Line Description Sr Cntr Security Guard 9116--30 Payment Amt 341.52 33.96 16729 127.75 645.64 70.00 1,233.43 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM Cycle: Payment Ref Date Status Remit To 46.00 0183888 10/24/14 P Alonzo H Parker III 14,207.70 Line Description: Basketball Referee 10/14/14 0183889 10/24/14 P AndersonPenna Partners Inc Line Description: Bristol Median Proj 8/30-9126 0183890 10/24/14 P Antje Morris Line Description: Instructor Pymnt-Fall 14 0183891 10/24/14 P AutoZone Line Description: Car Dusters 0183892 10/24/14 P Barbara Burks Line Description: instructor Pymnt-Fall 14 0183893 10/24/14 P Bee Busters Inc Line Description: Bee Removal 0183894 10/24/14 P Bentley Systems Inc Line Description: Software Subscription Renewal 0183895 10/24/14 P Bishop Company Line Description: Tree Maint Materials 0183896 10/24/14 P Brandi Knox Line Description: Instructor Pymnt-Fall 14 Remit ID Payment Amt 0000016232 46.00 0000021535 1,600.00 0000003234 14,207.70 0000019364 168.48 0000001280 1,250.60 0000007572 110.00 0000014773 2,009.40 0000001278 998.65 0000020652 586.95 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run bate Oct 23,2014 Bank: CITY Run Time 3.23.14 PM Cycle-' Payment Ref Date Status Remit To Remit ID 0183897 10/24/14 P CDW Government Inc 0000005402 Line Description: Docking Station Color Printer 0183898 10/24/14 P CNC Engineering Inc 0000008798 Line Description: Redhill Median Proj-Sep 14 0183899 10/24/14 P CSULB Foundation 0000009724 Line Description: Adv Field FvidenceTech 11117-19 0183900 10124114 P California Forensic Phlebotomy Inc 0000001500 Line Description: Blood Test Svs-Sept 2014 0183901 10/24/14 P Cherie Thiers 0000003185 Line Description: Instructor Pymnt-Fall 14 0183902 10/24/14 P Cheryl Skidmore 0000012479 Line Descnpfion: Instructor Pymnt-Fall 14 0183903 10/24/14 P Cintas Document Management 0000016108 Line Description: Document Destruction -Sep 14 0183904 10/24/14 P City of Mission Viejo 0000022310 Line Description: IT Tech Svs 5/1-5115/14 IT Tech Svs 711-7115114 0183905 10/24/14 P City of Newport Beach 0000003327 Line Description: ShrdTrafSignal Maint Jan-Jun14 Payment Amt 842.44 2,350.00 310.00 3,041.30 73.13 58.10 01*71.7 10.790.00 1,651.76 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM Cycle: Payment Ref Date Status Remit To Remit ID 0183906 10/24/14 P City of Santa Ana 0000003917 Line Description: SrdTrfcSigna] Maint Jan-Junl4 0183907 10/24/14 P Clean Street 0000001098 Line Description: Pressure Wash Sidewalk -Sep 14 Sweeping Sidewalk & Street Pressure Wash Sidewalk -Jul 14 Sweeping Sidewalk & Street Pressure Wash Sidewalk -Aug 14 Sweeping Sidewalk & Street 0183908 10/24/14 P CompuCom Systems 0000004859 Line Description: Adobe Acropbat 4 HCS 0183909 10/24/14 P Corel-ogic Information Solutions Inc 0000004774 Line Description: RealQuest 5vs-�Sept 14 RealQuest Svs-Sept 14 0183910 10/24/14 P Costa Mesa Auto Glass 0000010001 Line Description: Window Tint -#527 Window Tint -#526 Window Tint -#522 0183911 10/24/14 P Costa Mesa Bark Park Foundation 0000022995 Line Description: Stage Platforms 0183912 10/24/14 P Costa Mesa High School Foundation 0000019566 Line Description: Home For The Holidays Spnsrshp 0183913 10124/14 P Costa Mesa High School Foundation 0000019566 Line Description: 2014 CMHs Home Tour Ad Payment Amt 736.63 1,910-()0 269.38 471.25 873.60 160.00 1,000-00 1,000.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM C cle: AINKLY Payment Fief Date Status Remit To 0183914 10/24/14 P Costa Mesa Lock S. Key Line Description: Rekey Locks and Replacements Sales Tax (8.00%) Senior Center New Masterkey Sy Sales Tax (8.00%) New Lockset 4 Room #1 B 0183915 10/24/14 P County of Orange Auditor Controller Line Description: Refuse Disposal @CO-Sep14 0183916 10/24/14 P Daniels Tire Service Line Description: Tires 0183917 10/24/14 P Data Ticket Inc Line Description: Prkng Citation Procssng-Sep14 0183918 10/24/14 P Dawna Bans& Line Description: Instructor Pymnt-Fall 14 0183919 10/24/14 P De Lage Landon Financial Svs Line Description: Copier Lease 1011-10131114 Copier Lease 1011-10131114 0183920 10/24/14 P Debbie Dickens Line Description: Instructor Pymnt-Fall 14 0183921 10/24/14 P Department of Conservation Line Description_ SMTP Fees Collected Jul-Sep14 Remit !D 0000001817 0000003473 0000001922 0000010929 0000001185 0000019172 0000010708 0000001530 Payment Amt 2,366.25 1,799.85 1,369.55 4,333.03 175.50 265.82 297.05 3,720.90 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3.23:14 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0183922 10/24/14 P Discovery Benefits 0000021353 475.30 Line Description: Flexbl Spndg Admin Fee-Sep14 0183923 10124/14 P bog Dealers Inc 0000002018 905.55 Line Description- Instructor Pymnt-Fall 14 0183924 10/24/14 P Eberhard Equipment Company 0000002078 249.96 Line Description: Tires -#134 0183925 10/24/14 P Entenmann Rcvin Company 0000002130 786.11 Line Description: Name Bars Name Bars Flat Badges & Cases 0183926 10124/14 P Fed Ex Corp 0000002190 30.75 Line Description: Ground Del€very Ground Delivery 0183927 10/24/14 P Felice llkcagla 0000005927 975.65 Line Description: Instructor Pymnt-Fall 14 0183928 10/241'4 P Fitzgeralds Auto Care Center O000021295 705.54 Line Description: Repair-FuelEvaporativeCanister 0183929 10/24/14 P Flint Trading Inc 0000002242 5,937.63 Line Description: Installation Tool Kit Senior Center Yellow Truncated Sales Tax (8.00°/x) 0183930 10/24/14 P G & W Towing 0000002289 125.00 Report ID. CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23.14 PM Cycle: Payment Ref Date Status Remit To Line Descnption- Towing Svs-#728 0183931 10/24/14 P Government Staffing Services Inc Line Description: Temp Svs-Buyer 711 4-712 511 4 0183932 10/24/14 P Harbor Radiator Line Description: A1C repair -#180 A1C Repair -#366 0183933 10/24/14 P Hayes Surveying Line Description: Canary Dr Boundary Line 0183934 10/24/14 P Healthy U Line Description: Instructor Pymnt-Fall 14 0183935 10/24114 P Hendersons Car Audio Line Description: Replace Radio -#180 0183936 10/24/14 P Hi Standard Automotive LLC Line Description: LFD Sptlgt Retrofit Kits 0183937 10/24/14 P Hireright Inc Line Description: Credit Check 0183938 10124114 P Hyatt Legal Plans Inc Line Description: Pre -Paid Legal Svs-Oct 14 0183939 10/24/14 P IDS Group Inc Line Description: Architectural Services -9119114 Remit ID 0000022422 0000002457 0000017777 0000012092 0000022989 0000002521 0000021348 0000022383 0000022643 Payment Amt 2,700.00 1,062.36 1,000.00 77.35 259.20 328.42 8.25 1,794.00 14,188.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank. CITY Run Time 3:23:14 PM Cycle: gjajKi 24 Payment Ret Date Status Remit To 110.41 0000002711 Line Description: Plans Review & Testing -9119114 0183940 10/24/14 P Interinsurance Exchange of the Auto Club Line Description: Vehicle Damage Stlmnt 915113 0183941 10/24/14 P Interstate Batteries of California Coast Line Description_ Shop Supplies 0183942 10/24/14 P Irvine Pipe & Supply Inc Line Description: Water Heater Pilot Assm 0183943 10/24/14 P Irvine Ranch Water District Line Description: 220 23rd 918-1018114 170 Del Mar 919-1018114 0183944 10/24/14 P J B General Contractors Line Description: Refund Permit PS13-00191 0183945 10/24/14 P Janet MiiGan Line Description: Instructor Pymnt-Fall 14 0183946 10/24/14 P Jerome A Williams Sr Line Description: Basketball Referee 10/14/14 0183947 10/24/14 P Jessica Conder Line Description: Instructor Pymnt-Fal[ 14 0183948 10/24/14 P John Deere Landscapes Inc Line Description: Supplies Remit 1D Payment Amt 0000000479 9,500.00 0000002700 110.41 0000002711 76.73 0000005112 226.93 0000022990 350.00 0000007795 2,501.20 0000014471 46.00 0000011010 307.45 0000016331 875.23 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM G cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0183949 10/24/14 P Joyce Patrick 0000021362 164.50 Line Description: Instructor Pymnt-Fall 14 0183950 10124/14 P Kabbara Engineering 0000002795 3,990.00 Line Description: On -Call Tffc Engnr9116-9130114 On -Call Tffc Engnr911-9115114 0183951 10/24/14 P Kathy Andruss 0000022992 546.00 Line Description: Instructor Pymnt-Fall 14 0183952 10/24114 P Kathy Haney 0000013233 109.20 Line Description: Instructor Pymnt-Fall 14 0183953 10/24/14 P Knorr Systems Inc 0000005036 79.40 Line Description: CO2 Diffuser for DRC Pool 0183954 10/24/14 P Lana Tran DDS 0000022988 59.00 Line Description: Refund Live Scan Fee 0183955 10/24/14 P Larry Kaban 0000002794 396.18 Line Description: Instructor Payment Fall 2014 0183956 10/24/14 P Lawrence P Shieid 0000017089 560.00 Line Description: Softball Umpire 9114-10119/14 0183957 10/24/14 P LexisNexis 0000010987 153.00 Line Description: Online Legal Updates Sept 2014 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM Cycle: Payment Ref Date Status Remit To 0183958 10124114 P Loomis Line Description: Armored Car Services Sept 2014 0183959 10/24/14 P Los Angeles Times Line Description_ Legal Notices for City Clerk 0183960 10/24/14 P Lynnelle Harmer Line Description: Refund Rec Receipt 2001489.002 0183961 10/24/14 P Mar Vac Electronics Corporation Line Description: Torch Kit 0183962 10/24/14 P Maria L D'Angelo Line Description Instructor Payment Fall 2014 0183963 10/24/14 P Mark Anguiano Line Description: Refund Rec Receipt 2001490.002 0183964 10/24/14 P Matrix Imaging Products Inc Line Description: Document Imaging Svcs 912014 0183965 10/24/14 P Mesa Consolidated Water District Line Description: 3191 112 Airport 8111-10/13/14 3187 112 Redhill 811 1-1 011 311 4 1595 112 Nwprt 811 2-1 011 411 4 567 W 18th 8112-10/15114 695 W 19th 811 2-1 011 511 4 FS #3 8112-10115114 695 112 W 19th 811 2-1 011 511 4 DRC 8112-10/15114 FS #3 8112-10115114 Remit ID 0000019082 0000003000 0000022991 0000003049 0000020378 0000020588 0000018324 0000003144 Payment Amt 859.68 1,075.94 139.00 39.44 377.00 76.00 5,040.00 9,577.64 Report ID: CCM2001 City of Costa Mesa accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Oct 23,2414 Bank: CITY Run Time 3:23:14 PM Cycle: ti t Payment Ref Date Status Remit To Line Description: 1845 Park 8112-1 011 5114 1860 Anaheim 8112-10!15114 Historical Soc 8112-10/15/14 1870 Anaheim 8/12 1 011 511 4 NCC 8/12-10/15114 NCC 8/12-10/15114 NCC 811 2-1 011 511 4 Sr Cntr 918-10115/14 567 W 18th 8/12-10115114 570 W 18th 8112-10115/14 1741 Superior 8/12-10;14114 0183966 10/24/14 P Mesa Smog Line Description Smog Inspection for Unit 4763 0183967 10/24/14 P Michele Christensen Line Description: Refund Rec Receipt 2001493.002 0183968 10/24/14 P NetMotion Wireless Inc Line Description: Software Maint RnwI0ct14-Sep15 0183969 10124/14 P Newport Awning Company Inc Line Description: Replaced Wind Damaged Canopy 0183970 10/24/14 P Newport Emergency Medical Group Line Description: Emerg Rm-Industrial Injury -AA 0183971 10/24/14 P Niki Parker Line Description: Instructor Payment Fall 2014 0183972 10124114 P North American Youth Activities Line Description: Instructor Payment Fall 2014 Remit ID Payment Amt 0000020735 56.75 0000022994 49.00 0000015484 5,375.00 0000022986 560.00 0000012967 273.42 0000002913 340.60 0000022736 737.10 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No_ 13 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3.23:14 PM C cle_ Payment Ref Date Status Remit To 0183973 10/24/14 P OC Playball Line Description: Instructor Payment Fall 2014 0183974 10/24/14 P Occu Med Line Description: QA Services for October 2014 Pre -Employment Exam Evaluation 0183975 10/24/14 P Office Max Incorporated Line Description: Office Supplies -CEO Office Supplies-Treas Mgmt Office Supplies -PD Records Office Supplies-Maint Srvcs Office Supplies -1T Office Supplies-Contruct Mgmt Office Supplies-Dev Srvcs Admn Office Supplies -Finance Admin Office Supplies -HR Office Supplies -Fire Admin 0183976 10/24/14 P Orange Coast College Line Description: Instructor Payment Fall 2014 0183977 10/24/14 P Orange County Conservation Corps Line Description: Labor for Planting Shrubs 0183978 10/24/14 P Orange County Humane Society Line Description: Kennel Fees for October 2014 0183979 10/24/14 P Orange County Vector Control District Line Description: Vector Control Srvcs-Wetlands Vector Control Srvcs--Wetlands Remit ID 0000020534 0000020710 00000055/0 0000003442 0000021750 Payment Amt 186.88 2,618.06 1.612.25 101.50 6,948.00 6,096.50 378.47 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23.14 PM Cycle: Payment Ref Date Status Remit To 20.59 0000013236 78.80 0183980 10/24/14 P Pat Hill 500.00 0000021496 Line Description: Instructor Payment Fall 2014 0183981 10/24/14 P RPW Services Inc Line Description: LardscapeWeedCntrlSts Sept2014 Rodent Contro{ Parks Sept2014 LandscapeWeedCrtrlPrks Sep2014 0183982 10/24/14 P Ricky Loya Line Description: Softball Umpire 10/16/14 0183983 10/24/14 P Ricoh USA Inc Line Description: CEO Copier Usage Sept 2014 0183984 10/24/14 P Rincon Truck Center Line Description: Shop Supplies for Fleet 0183985 10/24/14 P Robert G Patterson Line Description: Instructor Payment Fall 2014 0183986 10/24/14 P Robert Hanson Line Description: Clothing Allowance Reimb 14-15 0183987 10/24/14 P Rockey Murata Landscape Line Description: Irrigation Repairs @FV Dev Ctr 0183988 10/24/14 P Ronald Morelos Line Description: Refund Rec Receipt 2001495.002 Remit ID Payment Amt 0000002532 282.75 0000012440 5,000.42 0000022490 84.00 0000007311 20.59 0000013236 78.80 0000014499 468.00 0000014289 500.00 0000021496 1,000.00 0000002782 100.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM Cycle: Payment Ref Date Status Remit To 156.00 0000013839 3,108.15 0183989 10/24/14 P Roy Center 520.00 0000004629 Line Description: Instructor Payment Fall 2014 0183990 10/24/14 P Ryan Lee 504.00 0000022587 Line Description: Instructor Payment Fail 2014 0183991 10/24/14 P SC Fuels Line Description: Diesel Fuel for Fire Sta#2 Diesel Fuel for Fire Sta#6 0183992 10124114 P Santa Ana College Line Description: Pre -Academy Trng-3 Recruits 0183993 10/24/14 P Shangri La Construction Line Description: Refund Permit PS14-00339 018a994 10/24/14 P SolarCity Corporation Line Description: NCC 911-9/30114 0183995 10/24/14 P Southern California Gas Company Line Description: Sr Cntr 918-9122114 0183996 10/24/14 P Steve Clever Line Description: Softball Umpire 9117-10!16/14 0183997 10124114 P Stickman Graphic Line Description: Install Decals on Astro Van Decals 4 Police Explorers Vans Remit ID Payment Amt 0000002158 1,362.41 0000022993 156.00 0000013839 3,108.15 0000003752 2,939.40 0000022627 520.00 0000004629 2,531.15 0000004092 968.38 0000010800 504.00 0000022587 1,555-00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Sank: CIN Run Time 3:23:14 PM cycle: Payment Ref Date Status Remit To Remit ID 0183998 10/24/14 P Straps Unlimited 00000/9773 Line Description: EMS Bags 0183999 1C/24114 P Susan Szanto 0000016609 Line Description: Instructor Payment Fall 2014 0184000 10124/14 P The Home Depot 0000002560 Line Description: Materials for Snoopy House She State Fees for Paint & Lumb Sales Tax (8.00%) Shipping Fee 0184001 10/24/'!4 P Theodore Robins Ford 0000004245 Line Description: Wheel Cover for Unit#647 A/C Part for Unit#647 Tube Assembly for Unit#705 Credit for Core Return Credit for Core Return Shim, Flange for Unit#718 Shims for Unit#718 Starter Motor Switch Assembly for Unit#706 Parking Light for Unit#217 Relay for Unit#702 0184002 10/24/14 P Time Warner Cable 0000011202 Line Description: Internet Services 1 011 7-1 111 6 Internet Services 10118-11117 Internet Services 1 011 8-1 1/17 0184003 10/24/14 P Tina Seri 0000010137 Line Description: Refund Rec Receipt 2001497.002 Payment Amt 302.40 95.88 4,565.31 666.27 2,035.00 200.00 Report]D: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0184004 10/24/14 P Tomark Sports Inc 0000004273 603.75 Line Description: Materials 4 TW Athletic Complx 0184005 10/24/14 P Trifytt Sports LLC 0000019031 1,059.83 Line Description: Instructor Payment Fall 2014 0184006 10/24/14 P Turnout Maintenance Company LLC 0000020182 414.40 Line Description: Turnout Clean & Repairs -5 Empl 0184007 10/24/14 P United Rotary Brush Corp 0000003525 259.80 Line Description: Street Sweeper Brooms 0184008 10/24/14 P VWR Intemational Corp 0000011012 827.62 Line Description: Chloroform for PD 0184009 10/24/14 P Vulcan Materials Company 0000007403 295.17 Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes 0184010 10/24114 P Waterline Technologies Inc 0000014520 325.55 Line Description: DRC -Pool ChemicalsiTest Agents 0184011 10/24/14 P Wayne Ritchie 0000022963 168.00 Line Description: Softball Umpire 10/15/14 Softball Umpire 10/17/14 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3:23:14 PM Cycle: Payment Ref Date Status Remit To Remit ID 0184012 10/24/14 P West Coast Dance Arts 0000021602 Line Description: Instructor Payment Fall 2014 0184013 10124114 P Westates 0000004505 Line Description: Self Inking Stamps for Pad 0184014 10/24/14 P Western Transit Systems Inc 0000011971 Line Description: Sr Mobility Prog May 2014 Sr Mobility Prog May 2014 0184015 10/24/14 P Westminster Press Inc 0000008619 Line Description: Printing of Charter Mailers 0184016 10/24/14 P Yellow Cab Co 0000021749 Line Description: NIFT Transportation Sucs918-24 0184017 10/24/14 P Young Rembrandts 0000018685 Line Description: Instructor Payment Fall 2014 0184018 10/24/14 P Yuan Hung Henry Huang 0000022996 Line Description: Safety Assessment Prog-PF Safety Assessment Prog-MA Safety Assessment Prog-MV Safety Assessment Prog-RB Safety Assessment Prog-PP Safety Assessment Prog-KN Safety Assessment Prog-EC Safety Assessment Prog-JJ Safety Assessment Prog-CC Safety Assessment Prog-DA Payment Amt 1,437.45 95.44 6,136.83 1,582.16 206.00 116.03 4,500.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CITY Run Time 3.23:14 PM Cycle: AWKI Payment Ref Date 0184019 10/24/14 0184020 10/24/14 Status Remit To P Zee Medical Service Company Line Description: 1 st Aid Supplies 4 New CY 1st Aid Supplies P Zoll Medical Corporation Line Description: Battery Pack Sales Tax (8.00%) Shipping Fee End of Report Remit ID Payment Amt 0000004615 94.17 0000021290 2,346.22 TOTAL $476,990.62 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 23,2014 Bank: CIN Run Time 3:41:05 PM Cycle: Payment Ref Date Status Remit To 0184021 10/24/14 P CaIPERS Long -Term Care Program Line Description: Payroll Deduction Check 1422 0184022 10/24/14 P Community Health Charities Line Description: Payroll Deduction Check 1422 0184023 10/24/14 P Robin Stafford Line Description: Payroll Deduction Check 1422 0184024 10/24/14 P State of California Line Description: Payroll Deduction Check 1422 01 B4025 10/24/14 P Tamra Williams Line Description: Payroll Deduction Check 1422 01 B4026 10/24/14 P Treasurer of Virginia Line Description: Payroll Deduction Check 1422 End of Report Remit ID Payment Amt 0000006287 189.40 0000008015 10.00 0000021522 804.42 0000001546 1 B5.00 0000002941 1.5B9.08 0000014648 263.50 TOTAL $3,041.40 Report ID: CCM2001V City of Costa Mesa Accounts Payable Page No. 1 CCM VOID CHECK LISTING Run Date Oct 16,2014 Bank: CITY Run Time 2:58:06 PM Cycle: Payment Ref Cancel Date Status Remit To Remit ID Payment Date Payment Amt 0182542 10/13/2014 v Renee Cana 0000022812 08/22/14 (80.00) Line Description: Check never received due to incorrect address. Stop payment placed on 10/13/14 and check re -issued on TOTAL ($80.00) Q•, 80 • OD - End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. i SUMMARY CHECK REGISTER Run Date Oct 16,2014 Hank: COM1 Run Time 1:57:12 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 000817 10/17/14 P Apple One Employment Services 0000001055 4,709.52 Line Description: Temp Svs-Cntrl Svs918-9112114 Temp Svs-Cntrl Svs912-915 Temp Svs-Rec 9/8-9/12114 Temp Svs--Eng919-9/12/14 Temp Svs-Rec 912-915114 Temp Svs-Public Svs 913-916 Temp Svs-Eng 918-9111114 000818 10/17/14 P Matrix Imaging Products Inc 0000018324 8,120.00 Line Description: On Site Scanning Svcs7121-7125 On Site Scanning Svcs7/28-8129 000819 10!17114 P Smith Pipe & Supply Inc 0000004049 2,402.16 Line Description: Irrigation Supplies for Parks Irrigation Supplies for Parks Irrigation Supplies for Parks Irrigation Supplies for Parks Irrigation Supplies for Parks 000820 10/17/14 P Ware Disposal Inc 0000000255 8,831.71 Line Description: City Refuse Services Sept 2014 ApplianceslGreen Waste City Refuse Services Oct 2014 TOTAL $24,063.39 End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM cycle: Payment Ref Date Status Remit To Remit ID 0183720 10117/14 P Albert Grover & Associates Inc 0000014065 Line Description: Traffic Signal Synch -Aug 14 0183721 10/17/14 P CAA Planning Inc 0000021997 Line Description: EIR #105 Consulting 611-8131 0183722 10/17/14 P Kabbara Engineering 0000002795 Line Description: PS&E Engrng Svs 713-9115/14 0183723 10/17/14 P LINA 0000015623 Line Description: Administrative Fee Aug 2014 Premium for Sept 2014 0183724 10/17/14 P LonerockInc 0000016944 Line Description: Retentions Payable Proj 914-08 Water Qualtiy &Storm Drain Imp 0183725 10/17/14 P Mesa Consolidated Water District 0000003144 Line Description: 2141 Tustin 817-1019/14 402 112 Broadway 815-1016114 1800 Newport 814-1 01611 4 134 112 E 19th 815-1017114 257 E 16h 7/31-1011114 1648 112 Newport 811-1011/14 111 Fair 8/27-9129114 970 Arlington 8/27-9129114 2621 112 Harbor 8/27-9129114 234 112 E 17th 814-10/2/14 3202 Harbor 812 7-912 911 4 3581 Harbor 812 7-912 911 4 1400 Sunflower 8127-9/29114 2800 Bear 8/27-9129/14 3333 Bear 8/27-9129/14 Payment Amt 28,382.83 15,192.50 32, 367.30 19,042.81 359,218.75 37,825.43 teport ID: CCM2001 City of Costa Mesa Accounts Payable Page No. SUMMARY CHECK REGISTER Run Date Oct 16,2014 3ank: Cly Run Time 2:58:53 Ph ;ycle: AW --KI Y - Payment Ref Date 0183727 10/17/14 0183728 10/17/14 Status Remit To Line Description: 3333 Bear 8127-9/29114 970 Arlington 8127-9/29/14 1550 E Mesa Verde 711 7-911 711 4 2229 Newport 8127-9129114 2600 Fariview 8127-9/29114 2400 Fariview 8127-9129114 2750 Fairview 8127-9129114 2501 Placentia 812 7-912 911 4 140 112 E 17th 815-1012114 257 E 16th 7131-1011114 360 Ogle 8/4-1011114 195 112 Broadway 814-1016114 P Michael Griffin Line Description: Settlement -618112 Injury Claim P Newport Mesa Unified School District Line Description: Joint Use Agreement Oct-Decl4 0183729 1 0/1 7/14 P Southern California Edison Company Line Description: 1587 Sunflower 919-1018114 Signals 918-1017!14 782 Shalimar 919-10/8114 NCC 8/28-9/29114 Park Maint 9/8-1017114 Medians 7/9-8!1114 360 Ogle 911 1-1 011 011 4 3191 Red hiii 9110-10/9114 350 Bristol 9110-1019/14 St Lights 8129-9129114 2293 Canyon 918-1017114 567W 18th 918-1017114 3192 Redhill 9/9-10/8114 BCC 918-1017114 Remit ID 0000022969 0000003339 0000004088 Payment Amt 40, 000.00 47,074.62 102, 951.58 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM C cl Payment Ref Date Status Remit To Remit ID Payment Amt 0163730 10/17/14 P Steadfast Contracting Inc 0000021584 19,873.06 Line Description.: Sales Tax (8.00%) WiPi Installation Sr Center 0183731 10/17/14 P 1st Jon Inc 0000018321 244.20 Line Description: Porta Potty Svcs -Hamilton Comm Sales Tax (8.00°/x) Porta Potty Svcs-DelMarCommGar Sales Tax (B.00%) 0183732 10/17114 P ARC 0000022726 454.55 Line Description: OCC Mater Pian 0183733 10/17114 P AT & T 0000001107 2,677.39 Line Description: Firewall Fire Sta0 914-10/3 City Internet Router 912014 Smallwood Park 916-1015114 Estancia Park 913-1012114 Broadband Modem 913-1 01211 4 RMATS Fire Sta#+`2 914-1013114 IT Network Firewall 913-1012 Outgoing Trunk Line 914-1013 PD Emergency Line 914-1013 Cable TV DSL Line 914-1013 DRC Alarm 9/4-1013/14 Cool Line for PD 9f7-1016/14 RMATS Fire Sta#1 917-10161'[4 TeWinkle Park 91711016114 IT Computer Room 91711016114 Firewall Fire Sta#2 914-1013 DID Trunk Line 914-1013114 Outgoing Trunk Line 914-1013 0183734 10/17/14 P AT & T 0000001107 259.19 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2.58:53 PM C cle: Payment Ref Date Status Remit To Line Description Cool Line for PD 1 W-1116114 Cool Line for PD 10/7-1116114 0183735 10/17/14 P AT & T Mobility Line Description: Rec Cell Phone Usage 8112-9111 0183736 10/17/14 P AY Nursery Line Description: Plants 4 Joasnn Bike Trail Plants 4 Joann Bike Trail 0183737 10/17/14 P Abraam Kelyan Line Description: Refund Rec Receipt#2001447.002 0183738 10/17/14 P Agromin OC LLC Line Description: Mulch 4 City Properties Mulch 4 City Properties 0183739 10/17/14 P Alexis Taylor Line Description: Refund Rec Receipt42001469.002 0183740 10/17/14 P Allstar Fire Equipment Inc Line Description: SCOTT SCBA Repair Boots -Davis Fire Helmets & Parts 0183741 10/17/14 P Angelina Alatorre Line Description: Refund Rec Receipt#2001476.002 0183742 10/17/14 P Angie Thorpe Line Description: Refund Rec Receipt#2001466.002 Remit ID Payment Amt 0000001107 640.66 0000001142 1,587.60 0000022979 139.00 0000021587 1,328.40 0000022982 45.00 0000000986 972.53 0000001470 590.00 0000019557 49.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To 0183743 10/17/14 P Anthony Monteleone Line Description: Softball Umpire 10/14/14 0183744 10/17/14 P Ariel Supply Inc Line Description: Toner Cartidges 0183745 10!17114 P Arrowhead Line Description: Council Mtng Supplies -Sept 14 0183746 1007114 P AutoZone Line Description- Shap Supplies A1C Parts Shop Supplies 0183747 10/17114 P Baker Party Rentals Line Description: Equipmnt Rental 4 Health Fair 0183748 10/17/14 P Barracuda Networks Inc Line Description: Firewall 300 Renewal 0183749 10/17/14 P Bee Busters Inc Line Description: Bee Removal Bee Removal Bee Removal 0183750 10/17/14 P Bound Tree Medical LLC Line Descnption: AED Infant Child Key Cr 4 AED Parts Returned AED Parts Smart Pads Remit ID 0000021339 0000006035 0000015023 1111IIIIII]DW i! 0000010629 0000022171 0000007572 [�UUUI�Tifi[e3rd.9 Payment Amt 56.00 139.32 47.31 311.16 575.72 699.00 430.00 924.66 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Dank: CIT Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Sales Tax (8.00%) 0183751 10/17/14 P C2 Reprographics 0000015512 15.00 Line Description: Reprographics Svs Sr Cntr Bldg Floor Plan Copies 0183752 10/17/14 P CPRS 0000005095 225.00 Line Description: Mrbshp 15 -City 711114-6/30115 0183753 10/17/14 P CPS Electronics & Consulting 0000016267 6,150.00 Line Description. Software License - Sonicwall Anti-Spyware License 0183754 10/17/14 P CSG Consultants Inc 0000001887 2,610.86 Line Descnption: Plan Check&Inspection-Aug14 0183755 10/17/14 P Catalina Shores HOA 0000022980 1,220.00 Line Description: Refun Planning Appl PA13-04 0183756 10/17/14 P Catlin Teng 0000022457 144.00 Line Description: Refund Rec Receipt#2001483.002 0183757 10/17/14 P Cecily Renteria 0000019127 109.00 Line Description: Refund Rec Receipt42001478.002 0183758 10/17/14 P Central United Life Insurance Co 0000010626 148.10 Line Description. Cancer insurance Premium-Oct14 0183759 10/17/14 P Charles Lawrence 0000021336 140.00 Report ID: CCIVl2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM C cie: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Softball Umpire 1016-10Y14114 0183760 10/17/14 P Charlotte Graham 0000020481 61.00 Line Description: Refund Rec Receipt#2001440.002 0183761 10/17/14 P Cherie M Pittington 0000003641 61.92 Line Description: Cal NFNA Mtng 9!30/14 0183762 10/17/14 P Christine Christopher 0000002045 213.00 Line Description.- Refund Rec Receipt#2001485.002 Refund Rec Receipt#2001460.002 0183763 10117114 P Cindy Massaro 0000017276 134.00 Line Description- Refund Rec Receipt#2001439.002 0183764 10/17114 P Cindy Ramirez 0000021643 105.00 Line Description: Refund Rec Receipt42001467.002 0183765 10/17114 P Coast Transmission 0000001704 787.00 Line Description: Transmission Repair -#535 0183766 10/17/14 P Commercial Cleaning Systems Inc 0000002353 295.00 Line Description: Custodial Svs@Soccer Tournmt 0183767 10/17/14 P Complete Landscape Care Inc 0000022976 900.00 Line Description: Bear St Pkwy Proj Remove Shrub/Ground Cover 0183768 10/17/14 P Costa Mesa Auto Glass 0000010001 232.80 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Windshield -#775 0183769 10/17/14 P Costa Mesa High School Foundation 0000019566 5,000.00 Line Description: 2014 CMHS Fndtn Gala Spnsrshp 0183770 10/17/14 P Costa Mesa Historical Society 0000011266 32.40 Line Description: Historical Photo& Label 0183771 10117114 P Costa Mesa Lock & Key O000001817 2,830.64 Line Description: Sr Cntr Door Lock Sales Tax (8.00%) Senior Center New Masterkey Sy Duplicate Keys Duplicate Keys City Clerk's Door Repair 0183772 10/17/14 P County of Orange District Attys Office 00000034B5 4,157.10 Line Description: Money Seized-Narc Investigatn 0183773 10/17/14 P DF Polygraph 0000021328 1,000.00 Line Description: Polygraph Exam 9117114 0183774 10/17/14 P Data Ticket Inc 0000010929 580.00 Line Descnption: Refund Citation #P667611 Refund Citation #P667616 0183775 10/17/14 P Dennis Harris 0000002466 46.00 Line Description: Basketball Referee 90/13/14 0183776 10/17/14 P Diversified Waterscapes Inc 0000021248 1,103.00 Line Description: Cleaned 4 Valves@TW Lakes Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To 500.00 0000022978 43.50 0183777 10/17/14 P Ecological Fertigation Inc 1,192.01 0000001899 Line Description: TW Bark Pk Fertigation=Sep 14 0183778 10/17/14 P Edwin Everett Line Descnption: Clothing Allowance Reimb 14-15 0183779 10/17/14 P Emily Turner Line Description: Refund Citation #CM 1140618042 0183780 10/17/14 P Endemic Environmental Services Inc Line Description: Wetlands Habitat MntrngSep-Dec 0183781 10/17/14 P Ennis Paint Inc Line Description: Crosswalk Yellow Traffic Paint 0183782 10/17/14 P Eric Chang Line Description: Refund Rec Receipt#2001487.002 0183783 10/17/14 P Ewing irrigation Products Line Description: Irrigation Supplies Cr 4 Returned Items Irrigation Supplies Irrigation Supplies Irrigation Supplies Irrigation Supplies Irrigation Supplies Irrigation Supplies Irrigation Supplies Irrigation Supplies Remit ID Payment Amt 0000021569 398.00 0000005981 500.00 0000022978 43.50 0000021277 4,875.00 0000022755 1,192.01 0000001899 250.00 0000005063 3,916.96 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No_ 10 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle- WAKLY Payment Ref Date Status Remit To Remit ID Payment Amt 0183784 10/17/14 P Expo Propane Inc 0000017819 1,135.75 Line Description: Propane 4 Corp Yard Propane 4 Corp Yard 0183785 10/17/14 P Express Pipe & Supply Co Inc 0000010920 54.07 Line Description: Caps 4 Piping Sink Side Spray Side Sprayer Plugs/Plug Wrench Cr 4 Rtrn Side Spray 0183786 10/17/14 P FTOG Inc 0000021401 2,092.50 Line Description: Interim Buyer 9129-10110114 0183787 10/17/14 P Fed Ex Corp 0000002190 22.33 Line Description: Ground Deliveries 0183788 10/17114 P Ferguson Enterprises Inc 0000007785 25.59 Line Description: Plugs 4 Sr Cntr 0183789 10/17/14 P Frazee Paint & Wallcovering 0000002271 70.58 Line Description: Graffiti Supplies Graffiti Supplies 0183790 10/17/14 P G & W Towing 0000002289 62.00 Line Description: Towing Svs-#728 0183791 10/17/14 P Gail Olson 0000022985 105.00 Line Description: Refund Rec Receipt#2001473.002 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CIN Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0183792 14/17/14 P Galls LLC 0600002297 1,779.92 Line Description: Duty Gears Duty Gear 0183793 10/17/14 P Government Staffing Services Inc 0000022422 10,736.88 Line Description: Temp Svs=Prof Mgr 9122-10/5 Temp Svs-Mgnt Anlys 9122-1013 Temp Svs-Buyer 9122-10/3 0183794 10/17/14 P Governor's Office Emergency Services 0000022970 1,600.00 Line Description- Officer Safety & Field Tactics Officer Safety & Field Tactics 0183795 10/17/14 P Granicus Inc 0000015382 4,650.00 Line Description: Web -Streaming Svs 1011-12131 Encoding Appliance 1 011-1 2131 0183796 10/17/14 P Hanks Electrical Supplies 0000002445 795.94 Line Description: Cr -4 Electrical Supplies Rind Electrical Supplies Lamps Electrical Supplies Electrical Supplies 0183797 10/17/14 P Harshad Patel 0000022983 250.00 Line Description: Refund Rec Receipt#2001477.002 0183798 10117114 P Heather J uelfs 0000022981 7600 Line Description: Refund Rec Receipt#2001468.002 0183799 10/17/14 P Hi Standard Automotive LLC 0000002521 12,540.19 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description- Emergency Equip Outftng-#717 Sales Tax (8.00%) 0183800 10/17/14 P Huntington Beach Honda 0000019158 430.92 Line Description: Helmet -Brunt 0183801 10/17/14 P Imperial Sprinkler Supply 0000021204 1,324.19 Line Description: Irrigation Supplies irrigation Supplies Yukon Ave Pkwy Proj 0183802 10/17/14 P Intelligent Products Inc 0000002670 4,980.00 Line Description: Mutt Mitts Sales & use Tax Payable Sales Tax (8.000%) Shipping Fee 0183803 10/17/14 P Interstate Batteries of California Coast 0000002700 3,317.00 Line Description: Batteries Shop Supplies Batteries -9524 0183804 10/17/14 P Irvine Pipe & Supply Inc 0000002711 128.77 Line Description: Plumbing Supplies Brass Fitting 0183805 10/17/14 P Irvine Ranch Water District 0000005112 1,109.44 Line Description: 261 Monte Vista 918-1018114 258 Brentwood 918-1018114 2603 Elden 919-1018114 0183806 10/17/14 P JD Lock & Key 0000005930 107.95 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To Remit ID Line Description: Shop Supplies 0183807 10/17114 P Jays Designated Operator Services 0000022328 Line Description: Designated Operator Svs-Sep 14 0183808 10/17/14 P Jocelyn Sicat 0000022984 Line Description: Officer Shur€ey Exp Rfnd Subpoena Dep 001-00262361 Rfnd Subpoena Dep 001-0026775 0183809 10/17/14 P Juliean Hansen 0000022413 Line Description: Refund Rec Receipt#2001450.002 0183810 10/17114 P Kathy Anderson 0000018905 Line Description: Refund Rec Receipt#2001441.002 0183811 10/17114 P Kennedy Equipment Inc 0000005174 Line Description. Fileters 0183812 10/17/14 P Keystone Uniforms OC 0000022280 Line Description: Unforms-Maldonado uniform -Gagne Uniform -Davis Uniform -Mantillas Unfform-Wood Safety Vest -Clements Safety Vest -Torres Safety Vest -Rimmer Safety Vest-Hideman Uniform -Davis Uniform -Moore Uniform-Natividad UniformJohnson Payment Amt 760.00 120.93 288.00 76.00 237.06 10,004.94 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM _Cycle: Payment Ref Date Status Remit To Remit 1D Payment Amt Line Description: Uniform-Selinske Uniform-Leffi n gwel I Uniform-Lemus Uniform -Bradbury Uniform-Goodsir Uniform -Maldonado Uniform-Goedsir Patch Change 0183814 10/17/14 P Larrys Building Materials 0000002912 794.88 Line Description: Bldg Mod Proj-HarborfVictoria Bldg Mod Proj-HarborfVictoria 0183815 10/17/14 P Lawrence P Shield 0000017089 84.00 Line Description: Softball Umpire 1018114 0183815 10/17114 P Lisa Jeppe 0000022809 134.00 Line Description: Refund Rec Receipt 2001474.002 0183817 10/17/14 P Los Angeles Times 0000003000 304.19 Line Description: Legal Notices for Planning Div 0183818 10/17114 P Marc Kelly 0000021379 45.00 Line Description: Basketball Referee 10/13/14 0183819 10/17/14 P Mary Anne David 0000022771 139.00 Line Description: Refund Rec Receipt 2001484.002 0183820 10/17/14 P Mesa Smog 0000020735 83.50 Line Description: Smog lnspectien for Unit #775 Smog inspection for Unit#757 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM C cle: Payment Ref Date Status Remit To Remit ID 0183821 10117/14 P Mouse Graphics 0000001170 Line Description: Copies & Digitize FW Plars 0183822 10/17/14 P Noemi Salazar Garcia 0000022971 Line Description: Refund Rec Receipt 2001481.002 0183823 10/17/14 P Office Max Incorporated 0000020710 Line Description: Office Supplies -Bldg Safety Office Supplies -Central Srvcs Office Supplies -Fire Admin Office Supplies-Dev Srvcs Admn Office Supplies -Construct Mgmt Office Supplies -CDA Office Supplies -IT Office Supplies -Transportation Office Supplies -Recreation Office Supplies-PublicSvcsAdmn Office Supplies -PD Records 0183824 10/17/14 P Orange County Treasurer Tax Collector 0000003489 Line Description: Printing Charges Aug 2014 Printing Charges June 2014 Printing Charges Sept 2014 0183825 10/17/14 P PAPA Pesticide Applicators Professional 0000003546 Line Description: 2015 Mbrshp for Rohert Ryan 0183826 10/17/14 P Patricia Albarian 0000004779 Line Description: Refund Rec Receipt 2001482.002 0183827 10/17/14 P Pest Options Inc 0000021412 Payment Amt 6SKO . 69.00 2,398.92 13,318.69 45.00 71.00 750.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: MUKLY Payment Ref Date Status Remit To 0000013236 Line Description: Herbicide App @JackHammett SC 0000022758 Herbicide App @TeWinkie SC 0183828 10/17/14 P Praxair Line Description: Industrial Acetylene 4 Fleet 0183829 10/17/14 P Quentin W McKenzie Line Description: Basketball Referee 9115114 0183830 10/17/14 P RPW Services Inc Line Description: Lan dscapeWeedCntrlSts Apr2014 LandscapeWeedCntrtPrks Apr2014 0183831 10/17/14 P Randstad Technologies LP Line Description: Temp IT Support Staff7128-8131 0183832 10/17/14 P Renee Cano Line Description: Refund Rec Receipt 2001284.002 Refund Rec Receipt 2001284.002 Refund Rec Receipt 2001287.002 Refund Rec Receipt 2001287.002 0183833 10/17/14 P Ricky Loya Line Description: Softball Umpire 10/8-1019114 0183834 10/17/14 P Rincon Truck Center Line Description: Hub Caps 0183835 10/17/14 P Rochas Kitchen Line Description: Food for 1013114 Roadshow Remit ID Payment Amt 0000003672 16. B7 0000011175 69.00 0000012440 8,430.08 0000022571 4,940.00 0000022812 80.00 0000022490 168.00 0000013236 77.52 0000022758 464.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Sank_ CIN Run Time 2:58:53 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0183836 10/17/14 P Rodell R Fick 0000002425 525.00 Line Description: Hearing Offcr Svcs CodeEnf &PD 0183837 10/17/14 P Rosa Ramirez 0000022972 101.00 Line Description: Refund Rec Receipt 2001486.002 0183838 16/17/14 P SC Fuels 0000013839 1,751.78 Line Description: Diesel Fuel for Fire Sta#3 0183839 10117114 P Safeway Sign Co. 0000016310 4,642.23 Line Description: Application Tape Sales Tax (8.00%) Stop Signs for City Streets Sheeting 0183840 10/17/14 P Sarta Ana College 0000003752 220.80 Line Description: Pre -Academy Trng 912-9112114 0183841 10/17/14 P Sara Boer 0000022973 84.00 Line Description: Refund Rec Receipt 2001480.002 0183842 10/17/14 P Scientia Consulting Group Inc 0000021410 3,440.00 Line Description: IT Consultant 9114-9/20114 0183843 10/17/14 P SimplexGrinnell LP 0000011336 420.00 Line Description. Fire Alarm Monitoring-SrCenter 0183844 10/17/14 P Soraya Julian 0000018089 84.00 Report ID: GGM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CIN Run Time 2:58:53 PM C cle: Payment Ref bate Status Remit To Remit ID Payment Amt Line Description: Notary Pubic Fees 0183845 10117/14 P Southern California Gas Company 0000004092 169.36 Line Description: Natural Gas Fuel -Sep 14 Natural Gas Fuel -Sept 14 0183846 10/17/14 P Sparkletts 0000015725 34.14 Line Description: Water Service for Finance Water Service for Fire 0183847 10/17/14 P Spectraturf Inc 0000011615 978.75 Line Description: Angels Plygrnd Surface Repair 0183848 10/17/14 P Spiral Binding Company Inc 0000019265 605.27 Line Description: Saddle Stitch Stapier 4 Mailrm 0183849 10/97/14 P State of Caiifornia Dept of Justice 0000001534 2,058.00 Line Description: Fingerprint Apps for Sept 2014 0183850 10117114 P Steen Security Inc 0000015257 1,137.00 Line Description- SrCntr Bldg Alarm Installation 0183851 10/17/14 P Steve Clever 0000010800 84.00 Line Description: Softball Umpire 1019114 0183852 10/17/14 P Susan Saxe Clifford PHD 0000003932 450.00 Line Description: Psych Evaluation for PD 0183853 10/17/14 P Terri Duong 0000022974 115.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank: CITY Run Time 2:58:53 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description. Refund Rec Receipt 2001479.002 0183854 10/17/14 P The Home Depot Credit Services 0000002560 4,112.17 Line Description: Misc Purchases for Sept 2014 0183855 10/17/14 P The Rules Guys LLC 0000002952 1,290.00 Line Description: Annua6oftwareMaintJan-Dec2014 0183856 10/17/14 P Theodore Robins Ford 0000004245 1,843.37 Line Description: Axle Parts for Unit#710 Panel & Clip for Unit#509 ABS Control for Unit#211 Bearings, Gears for Unit#718 0183857 10/17/14 P Thomas E Gazsi 0000002314 62.99 Line Description: 9116114 Lunch Mtg Parking for Deposition on 8122 0183858 10/17/14 P Time Warner Cab le 0000011202 1,195.00 Line Description: Internet Services 10117-11 1-t 6 0183859 10/17/14 P Traveltech Enterprises 0000022894 1,500.00 Line Description: SrCntr Travel-10122114Pechanga 0183860 10/17/14 P US Bank 0000002228 7,418.50 Line Description: Payroll Deduction Check 1420 Payroll Deduction Check 1419 0183861 10/17/14 P US Postmaster 0000004377 10,000.00 Line Description: Standard Mail Fee Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 20 SUMMARY CHECK REGISTER Run Date Oct 16,2014 Bank. CITY Run Time 2:58:53 PM C cle: Payment Ref Date Status Remit To 140.00 0000004425 553.34 0183862 10/17/14 P United Rotary Brush Corp Line Description: Street Sweeper Brooms 0183863 10/17/14 P Vic Duong Line Description: Softball Umpire 10/13-10t14/14 0183864 10/17/14 P Village Nurseries Line Description: Plants 4 VictcrialPuente 0183865 10/17/14 P Vulcan Materials Company Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes 0183866 10/17/14 P Waxie Sanitary Supply Line Description: Sr Center Janitorial Supplies 0183857 10/17114 P Westminster Press Inc Line Description- City Wide Charter Mailing Print Svcs-Rec Guide Sep-Dec14 0183868 10/17/14 P Westrux International Inc Line Description: Engine Noise Repair -Unit #555 0183869 10/17/14 P William Villard Line Description: Refund Rec Receipt 2001472.002 Remit ID Payment Amt 0000003525 259.80 0000011215 140.00 0000004425 553.34 0000007403 295.87 0000004480 789.87 0000008519 12,827.69 0000004533 121.00 0000022975 139.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 21 SUMMARY CHECK REGISTER Ron Date Oct 16,2014 Bank: CITY Ron Time 2:58.53 PM cycle: Payment Ret Date 0183870 10/17/14 Status Remit To P Williams Data Management Line Description: IT Data Storage for Aug 2014 IT Data Storage for Sept 2014 End of Report Remit ID UUUUUj[Y:UIc] Payment Amt 720.0 D TOTAL $905,164.44 Report ID: CCM2001 O City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Oct 18,2014 Bank: CITY Run Time 2:58:28 PM Cycle-' Payment Ref Date Status Remit To 0183728 10/17/14 O Mesa Consolidated Water District 0183813 10/17/14 O Line Description: Overflow Keystone Uniforms OC Line Description. Overflow End of Report Remit ID Payment Amt 0000003144 0.00 0000022280 0.00 TOTAL 0.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: COMI Run Time 10:15:01 AM Cycle: ACQ 4W Payment Ref Date 000630 11/07/14 Status Remit To P Versatile information Products Inc Line Description: Software Srvc Rnwl 711114-6130 Digital Audio Recorders Sales Tax (8.00°/x) Shipping Fee 0 Remit ID 0000013255 End of Report Payment Amt 6,386.89 TOTAL $6,386.89 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: DDP1 Run Time 11:53:52 AM C cle: Payment Ref Date Status Remit To Remit 1D Payment Amt 003166 11/07/14 P Costa Mesa Employees Association 0000006284 4,314.91 Line Description: Payroll Deduction Check 1423 003167 11/07/14 P Costa Mesa Executive Club 0000006286 200.00 Line Description: Payroll Deduction Check 1423 003168 11/07/14 P Costa Mesa Firefighters Association 0000001812 5,478.40 Line Description: Payroll Deduction Check 1423 003169 11/07/14 P Costa Mesa Police Association 0000001819 5,820.00 Line Description: Payroll Deduction Check 1423 003170 11/07/14 P Costa Mesa Police Management Assn 0000005082 150.00 Line Description: Payroll Deduction Check 1423 TOTAL $15,963.31 End of Report ReportID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Sank: CITY Run Time 11:52:59 AM Cycle: IMAIKLY Payment Ref Date Status Remit To Remit ID Payment Amt 0184195 11107!14 P Black Rock Construction Company 0000003627 141,979.40 Line Description: Alley Rehabilitation City Proj Retentions Payable Proj #14-06 0184196 11/07/14 P Lilley Planning Group 0000021428 28,770.00 Line Description: Piannfng Consultant Svcs912014 0184197 11/07/14 P Mesa Consolidated Water District 0000003144 23,462.68 Line Description: 1000 Victoria 8126-10128114 900 Victoria 8126-10128/14 2229 Fairview 8121-10/24114 1400 Sunflower 9129-10129114 640 Victoria 8/25-10127114 2150 Maple 8125-10127114 3202 Harbor 9129-10129114 3581 Harbor 9129-10/29114 2800 Bear 9/29-10129 3333 Bear 9/29-10129/14 3333 Bear 9129-10129114 970 Arlington 9129-10129114 970 Arlington 9129-10129114 2,901 Placentia 9/29-10/29114 2150 Maple 8125-10127114 2229 Newport 912 9-1 012 911 4 2600 Fairview 9129-10129114 2400 Fairview 9129--10129114 2750 Fairview 9129-10/29114 2621 112 Harbor 9129-10129114 500 Victoria 8125-10127114 2161 112 Raieigh 8125-10127114 111 Fair 9129-10129/14 0184199 11/07/14 P OC Plumbing 0000017483 20,262.05 Line Description: Waterless Urinal Replacement Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle: AWKLY Payment Ret Date Status Remit To Remit ID Payment Amt 0184200 11/07/14 P PTM General Engineering Services Inc 0000020179 22,182.50 Line Description: City Proj No 13-13 Traffic Sig Retentions Payable Proj #13-13 018420' 1//07114 P Patriot Paving Inc 0000022732 176,705.70 Line Descripfion: City Project No 14--05 Alley R Retentions Payable Proj #14-05 0184202 11/07/14 P SC Fuels 0000013839 16,647.25 Line Description: Unleaded Fuel for PD 0184203 11/07/14 P AFLAC 0000012253 9,542.94 Line Description: Cancer Premium -Oct 2014 STD Premium -Oct 2014 0184204 11/07/14 P AT & T 0000001107 608.68 Line Description: PD DSL Line 9127-10126114 PD Payphone 9128-10127/14 Contract Srvcs 9128-10127114 RMATS FireSta#6 9122-10/21/14 WSS Alarm 9127-10/26114 SrCntr DSL 4 BldgMaint Use9124 RMATS NCC Complex9124-10/23114 LionsPk BaseballFid 9124-10123 SrCntr DSL 4 BldgMaint Use9/24 Firewall Fire Sta#4 9127-10126 Firewall Fire Sta#6 9127-10126 PD DSL 4 IT Staff 9128-10/27 0184205 11/07/14 P Above It All Drywall 0000021804 1,250.00 Line Description: Sr Cntr Dry Wall Repair Corp Yard Patch Work Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM cie: WXKLY Payment Ref Date Status Remit To Remit ID 0184206 11/07/14 P Ana Mondragon 0000023018 Line Description: Refund Rec Receipt 2001520.002 0184207 11/07/14 P Anthony Monteleone 0000021339 Line Description: Softbali Umpire 1 012 8-1 013 011 4 0184208 11/07/14 P AutoZone 0000019364 Line Description: Lg Drip Trays 0184209 11/07/14 P Barbara Bandes 0000023020 Line Description: Refund Rec Receipt 2001526.002 0184210 11107/14 P Barbara Zwart 0000022936 Line Description: Intermediate Code Enforcement 0184211 11/07/14 P Best Best & Krieger LLP 0000014491 Line Description: Special Council Legal Svs-9130 Legal Svs-Election Work 9130 0184212 11/07/14 P Bound Tree Medical LLC 0000011695 Line Description: Paramedic Supplies 0184213 11/07/14 P Byron de Arakal 0000012401 Line Description: Park&Rec Comm Mtng-Oct 14 0184214 11/07/14 P CAPF 0000004755 Line Description: Firefighter LTD -Nov 2014 0184215 11/07/14 P CLEA 0000004754 Payment Amt 250.00 156.00 62.79 200.00 119.00 5,479.70 1,909.92 100.00 1,404.00 2,401.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Police Officers LTD -Nov 2014 0184216 11/07/14 P CNC Engineering Inc 0000008798 202.50 Line Description: Habor/Adam lmpry-Jul 14 0184217 11/07/14 P CSG Consultants Inc 0000001887 2,750.00 Line Description: Bldng Inspcetion Svs 8130-9126 0184218 11/07/14 P Carol Keller 0000022510 100.00 Line Description: Refund Rec Receipt 2001525.002 0184219 11/07/14 P Chandlers Air Conditioning & 0000001640 1,485.04 Line Description: SR Cntr Reach In Replaced DRC Freezer Maint July -Sept 14 Equipment Repair@Property 0184220 11/07/14 P Charles Lawrence 0000021336 156.00 Line Description: Softball Umpire 1012-10128/14 0184221 11107114 P Cindy Ramirez 0000021643 30.00 Line Description: Refund Rec Receipt 2001523.002 0184222 11/07/14 P Clara Sherman 0000023021 5.00 Line Description: Refund Rec Receipt#2001529.002 01B4223 11/07/14 P Colin K McCarthy 0000020464 400.00 Line Description: Planning Comm Mtng-Oct 2014 0184224 11/07/14 P Copp Contracting Inc 0000015151 6,787.27 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Ren Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To Line Description: City Project No 14 -03 -Wallace Retentions Payable Proj #14-03 0184225 11/07/14 P Costa Mesa Lock & Key Line Description: Rekey 5th FI Restroom Lock New Lockset 4 Sr Cntr Sales Tax (8.00%) Replace Worn Cylinder @ NCC New Flectronic Lock Council Ch 0184226 11/07/14 P Cron & Associates Transcription Inc Line Description: Transcribing Svs-PSU 0184227 11/07/14 P Crop Production Services Inc Line Description: Chemical 4 TW Lakes Seed & Top Dressing 4 Pards 0184228 11/07/14 P DF Polygraph Line Description: Polygraph Exam 1017-10/9114 0184229 11/07/14 P David Volz Design Line Description: Dei Mar Median -9130114 0184230 11/07/14 P Dean Abernathy Line Description: Park&Rec Comm Mtng-Oct 14 0184231 11/07/14 P Delta Dental Insurance Co Line Description: Dental HMO Permium-Nov 14 0184232 11/07/14 P Direct Edge Inc Line Description: Rototiller Parts Remit 1D 0000001817 0000016871 0000020562 0000021328 0000004828 0000021303 0000001966 0000001998 Payment Amt 1, 905.44 412.25 884.41 1,000.00 911.26 100.00 2,978.46 385.69 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Sank: CITY Run Time 11:52:59 AM C cle: AiAfKLY Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Tine Set -#120 0184233 11/07/14 P Donald Harper 0000021694 100.00 Line Description: Park&Rec Comm Mtng-Oct 14 0184234 11/07/14 P Employment Development Department 0000001543 11,103.00 Line Description: Unemployment 71l-9/30114 0184235 11/07/14 P Ewing Irrigation Products 0000005063 1,237.93 Line Description: Irrigation Supplies Tools Irrigation Supplies Irrigation Supplies 0184236 11/07/14 P Fatpot Technologies LLC 0000003034 14,995.89 Line Description: FATPOT Maint 711114-6130/15 0184237 11107/14 P G & K Services Inc 0000005132 1,380.77 Line Description: Supplies-DRCINCC Uniforms -St Swpn Uniforms/Supplies FS #1-6 Uniforms/Supplies-Parks Uniforms/Supplies-Fleet U n ifc rms-Streets Uniforms -Fac Supplies -Telecomm 0184238 11/07/14 P GE Capital 0000021378 604.68 Line Description: Copier Lease 10123-11122!14 Color Copier Rnf111116-12/15 0184239 11/07/14 P GIT Satellite LLC 0000019742 57.46 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle-- Payment Ret Date Status Remit To Line Description: Satellite Phone 912 0-1 011 911 4 0184240 11/07/14 P Glenns Alignment & Brake Service Line Description: Alignment & Repair -#109 0184241 11/07/14 P Government Finance Officers Association Line Description: 15 Mbrshp-King 2015 Mbrshp-Dun€vent 2015 Mbrshp-ODonoghuelTsao 0184242 11/07/14 P Gray Manufacturing Company Inc Line Description: Jack Stands 0184243 11107/14 P Hexis USA LLC Line Description: Sign Face Materials 0184244 11/07/14 P Hi Standard Automotive LLC Line Description: Emergency Equipment Outfitting Sales Tax (8.00%) 0184245 11/07/14 P Imperial Sprinkler Supply Line Description: Irrigation Supplies O'84246 11/07/14 P Interstate Batteries of California Coast Line Description: Credits 4 Cores Supplies Supplies Supplies 0184247 11/07/14 P James M Fitzpatrick Line Description: Planning Comm Mtng-Oct 2014 Remit ID Payment Amt 0000002344 1,879.80 0000002388 840.00 0000018177 413.64 0000012721 151.10 0000002521 12,540.19 0000021204 265.06 0000002700 621.80 0000001002 400.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 41:52:59 AM Cycle. Payment Ref Date Status Remit To Remit ID Payment Amt 0184248 11/07/14 P Jeff R Mathews 0000020470 400.00 Line Description: Planning Comm Mtng-Oct 2014 0184249 11/07/14 P John Heunemann 0000015992 200.00 Line Description: Paramedic License Re -Cert 0184250 11/07/14 P Karen Bozinovski 0000023019 139.00 Line Description: Refund Rec Receipt 2001521.002 0184251 11/07/14 P Kelly Paper 0000014703 987.13 Line Description: Paper 4 Printing Paper 4 Printing Paper 4 Printing 0184252 11/07/14 P Kevin Diamond 0000001989 795.00 Line Description: Global Terrorism 913-11112114 Global Terrorism 9/3-11112114 0184253 11/07/14 P Keystone Uniforms OC 0000022280 5,038.42 Line Description: Uniform -Glasgow Unfirom-Hernandez Uniform=Guth Uniform -Williams Uniform -Thomas Uniform -Goodfellow Uniform -Cover Uniform-Blincoe Uniform -La Placa Uniform-Melgoza 0184254 11/07/14 P Khanh Nguyen 0000015037 99.53 Report Id: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 19:52:59 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: ICCOE Mtngs Mileage Reimb 0184255 11/07/14 P Kim Pederson 0000010099 104.00 Line Description: Park&Rec Comm Mtng-Oct 14 0184256 11/07/14 P Kimball Midwest 00000061319 1,448.63 Line Description: Drill Set, Saw 0184257 11/07114 P LN Curtis & Sons 0000002983 156.70 Line Description: K Tool for Fire 4184258 11/07114 P Lawrence P Shield 0000017089 130.00 Line Description- Softball Umpire 10126-10129/14 4184259 11/07/14 P Leica Geosystems Inc 0000003452 172.96 Line Description: Labor/Supplies for Engineering 0184264 11/07/14 P Los Angeles Times 0000003000 183.51 Line Description: Legal Notices for Planning Div Legal Notices for Planning Div 0184261 11/07/14 P Mar Vac Electronics Corporation 0000003049 27.68 Line Description: 12 Volt Battery for Panel Supplies for Fleet Services 0184262 11/07/14 P Marc Kelly 0000421379 46.40 Line Description: Basketball Referee 10/213/14 0184263 11/07/14 P Michael S Carrillo 0000023014 47.134 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank. CITY Run Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To 0000003337 Line Description: Subpoena Dep Rfnd 001-00263396 0184264 11/07/14 P Municipal Emergency Services Inc Line Description: Nomax IIIA Pant Sales Tax (8.00%) Shipping Charges 0184265 11/07114 P NDS Copier & Printer Services Line Description: Clean & Service Printers 0184266 11/07/14 P Newport Harbor Locksmith Line Description: Spare Key for Fleet Services 0184267 11/07/14 P Noack Trophy & Engraving Company Line Description: Plate 4 Grand Opening CMHS 0184268 11/07/14 P Norma Watson Line Description: Refund Rec Receipt#2001530.002 0184269 11/07/14 P Office Max Incorporated Line Description: Office Supplies -Bldg Safety Office Supplies -CEO Office Supplies -GDA Office Supplies-Dev Svcs Admin Office Supplies -Fire Admin Office Supplies-Maint Srvcs Office Supplies -PD Field Ops Office Supplies -Tress Mgmt Office Supplies -PD Records Office Supplies -PD Prop&Evid Office Supplies -PD Investigtns Office Supplies -NCC Office Supplies -IT Remit ID Payment Amt 0000021524 10,988.78 0000022895 696.84 0000003337 6.16 0000003360 27.00 0000023022 5.00 0000020710 3,288.79 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No, 11 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM C cie: Payment Ref Date Status Remit To Remit ID Line Description: Office Supplies -Engineering 0184270 11/07/14 P Onward Engineering 0000003212 Line Description: Placentia Ave. Median Design 5 Construction Mgmt & Inspection 0184271 11/07/14 P Orarge County Council on Aging 0000003431 Line Description: CDBG 1st Qtr 2014-15 Grant 0184272 11/07/14 P Phoebe Jin 0000023026 Line Description: Mileage Reimb-ECS Annual Conf 0184273 11/07/14 P Porterfield Enterprises LTD 0000003662 Line Description: Brake Pads 4 Fleet Services 0184274 11/07/14 P Pro Photo Connection Inc 0000003689 Line Description: Digital Light Jet & Lab Svc -PD 0184275 11/07/14 P Quentin W McKenzie 0000011175 Line Description: Basketball Referee 10/29/14 0184276 11/07/14 P RSCCD/Santa Ana College 0000003752 Line Description: Wellness Class RegistrationFee 0184277 11/07/14 P Rand Foster 0000010791 Line Description: Softball Umpire 9115-9129114 Softball Umpire 1016-10127114 0184278 11/07/14 P Redemption Church 0000004874 Payment Amt 7,260.00 2,250.00 50.57 51.42 324.01 46.00 6,860.00 546.00 820.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To Line Description: Refund Rec Receipt 2001527.002 Refund Rec Receipt 2001528.002 0184279 11/07/14 P Republic Engines Line Descnption: Light Tower Parts 0184280 11107!14 P Ricky Loya Line Description: Softball Umpire 10/29-1112114 0184281 11/07/14 P Rincon Truck Center Inc Line Description: Gauge Sender Fan Belt 0184282 11/07/14 P Robert E Graham Line Description: Park&Rec Comm Mtng-Oct 2014 0184283 11/07/14 P Robert Fields Line Description: Piano/Vccals 11/21/14 4 SrCntr 0184284 11/07114 P Robert L Dickson Jr Line Description: Planning Comm Mtg-Oct 2014 0184285 11/07/14 P Rockey Murata Landscape Line Description: Irrigation Repairs at FDC Install Solenoid Valves @ FW Irrigation Repairs at Yukon 0184286 11/07/14 P Sally Kim Line Description: Refund Rec Receipt 2001524.002 Remit ID Payment Amt 0000003792 1.505.39 0000022490 156.00 0000013236 107.73 0000014777 100.00 0000023013 100.00 0000002671 400.00 0000021496 644.20 0000023017 100.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No, 13 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To 0184287 11/07/14 P Simon Quintana Line Description_ Refund Rec Receipt 2001522.002 0184288 11/07/14 P Smart & Final Line Description: FS#1 Kitchen & Admin Supplies Fire Admin Meeting Supplies 0184289 11/07/14 P Southern California Fdison Company Line Description: 702 112 Victoria 9/30-10130114 3460 Smalley 1011 -10131/14 Sr Cntr 9129-10129/14 348 E 17th 9125-10127114 3351 Sakioka 9125-10127/14 3349 Sakioka 9125-10127/14 Davis Field 9129-10129114 NCC 912 9-1 012 911 4 1624 Gisler 1011-10131/14 DRC 913 0-1 013 011 4 702 Victoria 9/30-10/30114 3129 Harbor 10/1 -10131114 0184290 11/07/14 P Southern California Gas Company Line Description: FS #6 9129-10127114 BCC 9125-10/23114 Telecomm W23-10/21/14 PD 9123-10121114 FS #5 9123-10121114 FS #1 9125-10123114 0184291 11/07/14 P Stancil Corporation Line Description: Stancil Recording Upgrade 0184292 11/07/14 P State of California Dept of General Svcs Remit ID 0000023016 0000004044 0000004088 0000004092 0000021230 0000001532 Payment Amt 45.00 102.12 10,213.27 937.07 1,750.00 091vil Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Disability Retirement Appeal 0184293 11/07/14 P Steadfast Contracting Inc 0000021584 2,238.35 Line Description: Install Data Drops -Police Dept 0184294 11/07/14 P Sieve Clever 0000010800 156.00 Line Description: Softball Umpire 10129-10130114 0184295 11/07/14 P Straps Unlimited 0000019773 265.68 Line Description. Swift Water Bags for Fire Dept 0184296 11/07/14 P Suanne I Honey 0000013012 47.83 Line Description: Subpoena Dep Rfnd 001-00262987 0184297 11/07/14 P Susan Kerneil 0000023015 31.00 Line Description: Refund Rec Receipt#2001518.002 0184298 11/07/14 P The Bank of New York Mellon 0000005664 2,182.20 Line Description: Admin Fee -2003 COP Oct14-Sep15 0184299 11/07/14 P Theodore Robins Ford 0000004245 644.60 Line Description: Fan Motor & Relay for Unit#752 Handle Seat Belt & Pin 0184300 11/07/14 P Timothy W Sesler 0000021628 400.00 Line Description: Planning Comm Mtg-Oct 2014 0184301 11/07/14 P US Postal Service 0000004376 685.00 Report ID. CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 11:52:59 AM Cycle: Payment Ref Date Status Remit To Remit tD Line Description: BRM Annual Maint 0184302 11/07/14 P United Rotary Hrush Corp 0000003525 Line Description: Street Sweeper Brooms 0184303 11/07/14 P Valley Power Systems Inc 0000014061 Line Description: Intake Elbow 0184304 11/07/14 P ValueOptions of California Inc 0000020327 Line Description: EAP Services for October 2014 0184305 11107114 P Vic Duong 0000011215 Line Description: Softball Umpire 1 012 7-1 012 811 4 0184306 11/07/14 P Vulcan Materials Company 0000007403 Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes 0184307 11/07/14 P Wayne Ritchie 0000022963 Line Description: Softball Umpire 10/30114 0184308 11/07/14 P West Coast Fence Co 0000021495 Line Description: Fence Install 4 Chemical Room 0184309 11/07/14 P William M Moss 0000003241 Line Description: Paramedic License Renewal 0184310 11/07/14 P Womens Transitional Living Center Inc 0000022934 Line Description: CD13G Grant - Subrecipient Ag re Payment Amt 346.40 51.88 694.26 130.00 145.48 78.00 970.00 200.00 2,507.91 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 17:52:59 AM C cl Payment Ref Date Status Remit To 0184311 11/07/f4 P Xpedx Line Description: Paper for Color Copying End of Report Remit ID Payment Amt 0000006067 610.41 TOTAL $592,420.25 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGfSTER Run Date Nov 06,2014 Bank: CITY Run Time 11:54:35 AM Cycle' Payment Ref Date Status Remit To Remit ID Payment Amt 0184312 11/07/14 P CalPERS Long -Term Care Program 0000006287 169.40 Line Description: Payroll Deduction Check 1423 0184313 11!07114 P Carrie Beatteay 0000023012 369.24 Line Description: Payroll Deduction Check 1423 0184314 11/07/14 P Community Health Charities 0000008015 10.00 Line Description: Payroll Deduction Check 1423 0184315 11/07/14 P Rabin Stafford 0000021522 804.42 Line Description: Payroll Deduction Check 1423 0184316 11/07/14 P State of California 0000001546 185.00 Line Description: Payroll Deduction. Check 1423 0184317 11/07/14 P Tamra Williams 0000002941 1,350.92 Line Description: Payroll Deduction Check 1423 0184318 11/07/14 P Treasurer of Virginia 0000014648 263.50 Line Description: Payroll Deduction Check 1423 0184319 11/07/14 P United States Treasury 0000015556 85.38 Line Description: Payroll Deduction Check 1423 TOTAL $3,257.86 End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No_ 1 SUMMARY CHECK REGISTER Run Date Nov 06,2014 Bank: CITY Run Time 2:26:43 PM Cycle: 01 1ICK0 Payment Ref Date 0184320 11/06/14 Status Remit To P US Bank Line Description: Misc ProcurementCard Purchases End of Report Remit ID 0000002228 Payment Amt 27.992.33 TOTAL $27,992.33 Report ID: CCM20010 City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Nov 06,2014 Bank: CITY Run Time 11:53:17 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0184188 11/07/14 O Mesa Consolidated Water District 0000003144 0.00 Line Description: Overflow TOTAL 0.00 End of Report Cl T Y COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: CC -4 SUBJECT: PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF MEDIANS AND ENTRY MONUMENT SIGN DATE: NOVEMBER 6, 2014 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER, (714) 754-5335 RECOMMENDED ACTION: Award a contract to Asakura Robinson Company, 445 Santa Ana Avenue, Newport Beach, California 92663, in an amount not to exceed $68,350 for design services, and authorize the Mayor and the City Clerk to execute the Professional Services Agreement (Attachment 1). BACKGROUND: In the Fiscal Year 2014-2015, the City Council allocated funding for the removal of turf and installation of water efficient landscape on the existing medians within the following streets: 1. Mesa Verde Drive (east and west) from Adams Avenue to Adams Avenue. 2. California Street at New Hampshire Avenue. In addition, the City requested the design and construction of new parkway landscaping on the north side of Gisler Avenue from Iowa Street to California Street, and a unique Entry Monument sign at Newport Boulevard and Industrial Way. ANALYSIS: The design scope of work for this project consists of addressing planning, environmental, and design issues pertaining to the preparation of final plans, specifications, and construction cost estimates for the design and installation of an up lighted Entry Monument sign at Industrial Way and Newport Boulevard, re -landscaping of existing medians by removing water intensive, high maintenance turf and replacing it with drought tolerant, water efficient, and low maintenance plant materials; including installation of new water efficient irrigation systems on Mesa Verde Drive and California Street and the new landscaping area within the existing parkway along the north side of Gisler Avenue. The required design services for the project are extensive and beyond staff's resources at this time. Staff advertised the project for the design phase on July 24, 2014 and received four proposals on August 15, 2014. All proposals were reviewed for compliance with the City's Request For Proposals (RFP's), and the consultants were evaluated based on project understanding, depth of experience, technical expertise, ability to meet the schedule, and associated factors. After careful review of all proposals, staff has selected Asakura Robinson Company as well qualified to perform the work. The firm's Project Manager exhibited a thorough understanding of the project scope, and has demonstrated to have the technical ability and expertise with similar projects their firm has completed. Staff has determined the proposed cost for consultant services to be reasonable for meeting the City's requirements as listed in the Scope of Services. ALTERNATIVES CONSIDERED: The alternative to this Council action would be to not award a design services contract for the stated project, and perform the engineering work with City staff. Due to the volume of work and the large number of projects currently being handled by the Engineering Division, a significant delay in implementing this project would be experienced if staff were to perform the engineering in-house. Delays are estimated to be from twelve to fifteen months. FISCAL REVIEW: The Fiscal Year 2013-2014, Capital Improvement budget includes $693,900 in Capital Improvement funds for these median and parkway improvements. These budgeted funds are sufficient for the design and construction costs for the subject project. LEGAL REVIEW: The City Attorney has reviewed and approved the attached Professional Services Agreement (Attachment 1) as to content and form. CONCLUSION: Staff completed the evaluation of the RFP's submitted for design services for the Medians, Parkway, and Entry Monument Sign improvements. It is recommended that the City Council award the design services contract to Asakura Robinson Company, in an amount not to exceed $68,350 and authorize the Mayor and the City Clerk to execute the Professional Services Agreement. ERNESTO MUNOZ, Public Services Director Attachments: 1- 2- FARIBA FAZELI City Engineer Professional Services Agreement Location Maps Distribution: Chief Executive Officer Assistant CEO City Attorney Director of Finance City Clerk Staff File F CC -5 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY DECEMBER 3, 2013 CALL TO ORDER The meeting was called to order by the Mayor at 4:40 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council Member Genis (arrived at 4:41 p.m.) Council Members Absent: Council Member Monahan PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE SPECIAL CLOSED SESSION The City Council recessed into closed session at 4:40 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa City Employee Association (CMCEA), pursuant to California Government Code Section 54957.6. The City Council ended Closed Session at 5:05 p.m, The City Council reconvened at 6:00 p.m. CALL TO ORDER (00:00:10) PLEDGE OF ALLEGIANCE (00:00:29) -- Mayor Pro Tem Mensinger MOMENT OF SOLEMN EXPRESSION (00:00:50) Pastor Mike Gibson, Christ Lutheran Church ROLL CALL (00:02:55) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis, and Council Member Monahan. Absent: None Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT - NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None Minutes --- Regular Meeting --- December 3, 2013 - Page 1 UNOFFICIAL UNTIL APPROVED ANNOUNCEMENTS (00:03:09) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:05:20) Jennifer Knapp, President, Estancia and Tewinkle Schools Foundation provided an update on educational advancement for Costa Mesa students. (00:05:23) Sergeant Vic Bakkila presented Chief Gazsi with an award for his support of the Guards and Reserves in the Police Department. (00:09:35) The City Council recognized Costa Mesa High School Football Team for winning the "Battle of the Bell." (00:15:15) PUBLIC COMMENTS (00:31:35) Discussion ensued among City Council Members on the change of Order of Business and the number of public. comment speakers. (00:31:44) MOTION: To continue to operate under existing adopted Resolution No. 12-21 regarding Order of Business until a new Resolution is adopted. (00:35:12) MOTION/SECOND. Council Member Genis/Council Member Leece Motion failed by the following roll call vote: Ayes: Council Member Genis and Council Member Leece Noes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan The motion failed 2-3 Cynthia McDonald, Costa Mesa, spoke on civility and public discourse. (00:38:59) Howard Hull, Costa Mesa, spoke on the City budget and City improvements. (00:42:13) James Bridges, Costa Mesa, spoke on Closed Session meetings; and public comments period. (00:44:03) Robin Leffler, Costa Mesa, spoke on the change of Order of Business. (00:46:14) Eleanor Egan, Costa Mesa, spoke on public comments. (00:49:37) Sue Lester, Costa Mesa, welcomed new Fire Chief Dan Stefano; thanked Chief Gazsi; spoke on adopting military officers for the holidays; and employee's retiring. (00:51:02) Greg Thunell, Costa Mesa, spoke on warrants; contract attorneys; and playbooks. (00:54:11) Terry Koken, Costa Mesa, spoke on the cannon at the police substation; and sang a song. (00:57:37) Tamar Goldmann, Costa Mesa, spoke on decorum at Council. meetings. (00:59:55) Minutes — Regular Meeting -- December 3, 2013 - Page 2 UNOFFICIAL UNTIL APPROVED Dan Goldmann, Costa Mesa, spoke on the Fairview Park path removal. (01:02:56) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (01:04:30) Mayor Pro Tem Mensinger welcomed new Fire Chief Stefano; thanked Chief Arnold; and invited the public to contact him to discuss any issues. (01:04:34) Council Member Genis welcomed new Fire Chief Stefano; spoke on attending the Southern California Economic Summit and a long-term economic strategy; announced a bird hike at Fairview Park on December 7; spoke on long term uses of Fairview Park; and wished Helen Nenadal well on her retirement. (01:05:43) Council Member Leece spoke regarding public comments; change in the Order of Business; City spending; Fairview Park; inquired on the placement of items on the consent calendar; spoke on hate crimes in Costa Mesa; requested updates on AB109 realignment of parolees and 60th Anniversary reports; spoke on sponsorships; wished retirees well; spoke on a letter from Gilbert Collins regarding Fairview Park; and wished everyone a Merry Christmas. (01:08:56) Council Member Monahan spoke on sports field lighting data; the Consent Calendar; the 60th Anniversary investigation; paths at Fairview Park; City sponsorships; welcomed new Fire Chief Stefano; and congratulated various sports teams. (01:16:03) Mayor Righeimer spoke on the new "Preserve Our Neighborhoods" Task Force; group homes; toll roads and the 1-405 issue; and wished Helen Nenadal well on her retirement. (01:20.13) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:27:00) CEO Hatch spoke on the 1-405 toll road issues; coyote issue; presented a video on the Police Department's 60th Anniversary event; welcomed new Fire Chief Dan Stefano; announced upcoming Study Sessions on Supportive Housing, the General Plan update and Land Use Alternatives; welcomed Jerry Guarracino who will be assisting the Planning Department; congratulated employees on their retirement; spoke on the removal of the decomposed granite path at Fairview Park; addressed the question on the placement of items on the Consent Calendar; and AB 109 realignment of parolees. (01:27:03) CONSENT CALENDAR (01:34:35) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 14 except for Items 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, and 14. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 Minutes -- Regular Meeting — December 3, 2013 - Page 3 UNOFFICIAL UNTIL APPROVED 1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED ACTION: City Council waived reading in full of Ordinances and Resolutions and approval and adoption of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Paul Bass; and Roy Rodgers. b. Requests for Alcohol Beverage Control licenses: • For MP Enterprises Inc., dba Mama Hong's, at 3013 Harbor Boulevard, an Original State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). • For Serenity Beach Investments Inc., dba Globe European Delicatessen, at 1928 Harbor Boulevard, an Original State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place), ACTION: Received and filed 7. BRENTWOOD PARK IMPROVEMENTS, CITY PROJECT NO. 13-14 ACTION: City Council rejected all bids and approved to re -advertise the project. PUBLIC HEARINGS (01:35:50) 1. AMENDMENT TO 2005 RESIDENTIAL DESIGN GUIDELINES: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, APPROVING AN AMENDMENT TO THE CITY'S 2005 RESIDENTIAL DESIGN GUIDELINES". (01:36:05) Minoo Ashabi, Senior Planner, presented the report on the amendment to the City's 2005 residential design guidelines. (01:36:28) Council Member Monahan thanked staff for their excellent work; and spoke on structure walls. (01:42:03) Discussion ensued regarding ratios; setbacks; project deviations; site coverage; massing; and the zoning code. (01:42:36) Discussion ensued regarding the seven day appeal notification sent to property owners on Planning Commission decisions, and Council Member Genis suggested changing the 7 -day appeal notification to 10 days. (01:48:43) Jay Humphrey, Costa Mesa, expressed concerns on the setbacks. (01:53:37) Minutes — Regular Meeting — December 3, 2013 - Page 4 UNOFFICIAL UNTIL APPROVED Tamar Goldmann, Costa Mesa, spoke on density; group homes; and the 7 -day appeal notification. (01:55:19) Robin Leffler, Costa Mesa, spoke on residential guidelines; setbacks; and expressed opposition to guideline changes. (01:57:08) Cindy Brenneman, Costa Mesa, expressed opposition to the guideline changes. (02:00:20) MOTION/SECOND: Council Member Monahan/Mayor Righeimer (02:01:52) Council Member Genis clarified ratios and setbacks. (02:08:17) The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and Council Member Monahan Noes: Council Member Leece Motion carried: 4-1 ACTION: City Council adopted Resolution No. 13-57, to be read by title only, and waived further reading, amending the Residential Design Guidelines, with a change to Section 5, adding "or over 2,700 square feet in area with up to 50 percent lot coverage" for second story construction. 2. CODE AMENDMENT CO -1207: CONSIDERATION OF A MORATORIUM EXTENSION REGARDING HOOKAH PARLORS: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, FOR A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW HOOKAH PARLORS FOR A PERIOD NOT TO EXCEED 10 MONTHS AND 15 DAYS PENDING A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH AND SAFETY RELATING TO HOOKAH PARLORS". (02:11:33) Gary Armstrong, Economic and Development Services Director, presented the report regarding a moratorium extension on Hookah lounges. (02:12:07) Mayor Righeimer spoke on the reason for this amendment. (02:12:44) Cindy Brenneman, Costa Mesa, spoke in favor of the Ordinance. (02:15:32) Minutes -- Regular Meeting — December 3, 2013 - Page 5 UNOFFICIAL UNTIL APPROVED MOTIONISECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll. call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried. 5-0 ACTION: City Council adopted Urgency Ordinance No. 13-09, to be read by title only, and waived further reading, an extension of the hookah parlor moratorium considered under Code Amendment CO -12-07 for a period not to exceed 10 months, 15 days. OLD BUSINESS (02:16:08) 1. SECOND READING OF ORDINANCE 13-05 FOR CODE AMENDMENT CO -12-02: AN AMENDMENT TO TITLE 13, CHAPTER 1, ARTICLE 2, OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE DEFINITION OF "SINGLE HOUSEKEEPING UNIT": "AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -12-02 RELATED TO ZONING CODE REGULATIONS FOR RESIDENTIAL FACILITIES. THE AMENDMENT IS PROPOSED TO THE FOLLOWING CODE SECTION IN TITLE 13 OF THE COSTA MESA MUNICIPAL CODE: CHAPTER 1, ARTICLE 2, SECTION 13-6, DEFINITIONS, AS IT PERTAINS TO THE DEFINITION OF SINGLE HOUSEKEEPING UNIT." (02:16:13) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: City Council gave second reading and adopted Ordinance No. 13-05, to be read by title only and waived further reading, amending the following section of Title 13 of the Costa Mesa Municipal Code: • Chapter 1, Article 2, Section 13-6, Definitions, as it pertains to the definition of "single housekeeping unit." 2. AMENDMENT OF CHAPTER IX OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE RELATING TO APPEAL, REHEARING, AND REVIEW PROCEDURES: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING CHAPTER IX OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE RELATING TO APPEAL, REHEARING, AND REVIEW PROCEDURE". (02:17:21) Jay Humphrey, Costa Mesa, spoke on limiting public comments. (02:18:22) Anna Vrska, Costa Mesa, expressed opposition to changing the ordinance. (02.19:56) Robin. Leffler, Costa Mesa, expressed opposition changing the ordinance. (02:20:10) Minutes — Regular Meeting — December 3, 2013 - Page 6 UNOFFICIAL UNTIL APPROVED Tamar Goldmann, Costa Mesa, expressed opposition to the ordinance and is in support of the rehearing process. (02:21:50) Cindy Brenneman, Costa Mesa, expressed opposition to the ordinance. (02:23:57) Chris McEvoy, Costa Mesa, expressed opposition to the ordinance (02:25:01) Eleanor Egan, Costa Mesa, suggested the Council have a rehearing process that requires a super majority or unanimous vote. (02:25:40) Mayor Righeimer spoke to the issue and explained the rehearing process. (02:26:12) Council Member Genis spoke on instances where a rehearing is needed. (02:29:20) City Attorney Duarte clarified Municipal Code Section 2-72 regarding Reconsideration. (02:32:24) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Council Member Leece cited Municipal Code Section 2-58, "Any Council Member shall have the right to have the reasons for their dissent from any action of the Council entered into the minutes. Such dissent to be entered in the minutes shall be made and substantiated in the following manner," and stated she would like the minutes to reflect her opposition to the action for the following reasons: Addressing the issue of reconsideration, she stated that taking it outside of the Council Chambers and making it a conversation with another Council Member who voted for something is taking the business of the public away from the public. She indicated that there was evidence and many people came and talked about Fairview Park and why the items should be reheard. She stated it was a public matter, and that is probably why it was written into the Municipal Code, and that the rehearing process is a public process. She stated that we are cutting the people out, and are eliminating a step that is transparent, public, and fair. She added Ms. Genis did a lot of research, and that a lot of people came to that hearing and believed there was new relevant evidence which was not produced at the first hearing and that evidence was denied as being new, In her opinion, the evidence was new and it justified a rehearing. She hoped that this action does not hurt Costa Mesa in the future, and that by skipping this process, we will be in trouble with an agency just like we are in trouble with the Fish and Wildlife Department. Although maybe slow and inefficient, she stated these steps are put in government for the people, facts, and information. For these reasons, she expressed opposition to the change. (02:33:00) Mayor Righeimer spoke on new information being produced and available for a rehearing. (02:35:54) Council Member Genis spoke on defining "available" and on new information being provided; and expressed opposition to the motion. (02:37:05) Minutes — Regular Meeting -- December 3, 2013 - Page 7 UNOFFICIAL UNTIL APPROVED The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, Mayor Righeimer Noes: Council Member Genis, and Council Member Leece Absent: None Motion carried: 3-2 ACTION: City Council gave second reading and adopted Ordinance No. 13-08, to be read by title only and waived further reading, which amends Chapter IX of Title 2 of the Costa Mesa Municipal Code relating to Appeal, Rehearing, and Review Procedures. City Council recessed for a break at 8:42 p.m. City Council reconvened the meeting at.8:55 p.m. NEW BUSINESS (02:52:32) 1. URBAN MASTER PLAN SCREENING REQUEST (UMP -13-07) FOR A 37 -UNIT DETACHED TOWNHOUSE CONDOMINIUM DEVELOPMENT LOCATED AT 573-591 VICTORIA STREET (02:52:35) Report by Antonio Gardea, Planning Services Department. (02:52:57) Discussion ensued between City Council and Mr. Gardea on setbacks, property presentation, tandem parking, maximum density, open space, and parking spaces. (02:58:16) Don Lamm, Applicant Representative, spoke on urban planning, deviations versus variances, and history of projects. (03:03:59) Discussion continued regarding permeable pavers, setbacks, greenbelts, patios, a pool area, homeowners' association dues, tandem parking, and a street signal. (03:11:44) Terry Koken, Costa Mesa, spoke on tandem parking. (03:22:48) Jay Humphrey, Costa Mesa, expressed concern with tandem parking; and spoke on balconies being allowed over hardscape and softscape. (03:23:00) Tamar Goldmann, Costa Mesa, spoke on the General Plan meeting and expressed opposition to boxy buildings. (03:24:28) Discussion ensued regarding tandem parking; boxy architecture; setbacks; and the sidewalk issue. (03:26:21) ACTION: City Council provided feedback on the proposed 37 -unit detached townhouse condominium development within the Mesa West Residential Ownership Urban Plan Area. Minutes — Regular Meeting — December 3, 2013 - Page 8 UNOFFICIAL UNTIL APPROVED 2. UPGRADES TO AUDIO/VISUAL EQUIPMENT AND BROADCAST SYSTEM AND RELATED CONSTRUCTION FOR COUNCIL CHAMBERS (43:29:43) Report by Bill Lobdell, Director of Communications, and Dane Bora, Video Production Coordinator. (03:30:05) Discussion ensued regarding the podium location; general public seating; staff stations; wheelchair ADA compliance; TV screens; an electronic voting system; field equipment; archival issues; and indexing agendas, (03:36:19) Terry Koken, Costa Mesa, spoke in support of the project. (03:57:22) Sue Lester, Costa Mesa, spoke on replacement of the speaker outdoors and in support of the project. (03:58:07) Beth Refakes, Costa Mesa, spoke in support of the project; and expressed concern with layout changes, overhead control, and losing two rows of seats. (03:59:01) Jay Humphrey, Costa Mesa, spoke on Conference Room 1A; the print shop; the channel for the hearing impaired; and expressed support for the project. (04:02:11) Cindy Brenneman, Costa Mesa, spoke about a voice -to -text system; audience seating; and expressed support in the project. (04:03:27) Discussion ensued regarding computer use and presentations; lighting; and speaker podiums and location. (04:05:00) Mayor Pro Tem Mensinger requested that the speaker podium be placed in the front, and include all upgrades to Conference Room 1A; and suggested the creation of a reserve account for future upgrades. (04:07:34) Council Member Genis expressed concern regarding the loss of public seating and spoke on upgrading 1A to accommodate overflow seating. (04:08:16) MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: 1. City Council approved designating $1.6 million of the $7.1 million FY 201213 surplus to upgrade the City's audio/visual equipment and broadcast system used to facilitate and broadcast public meetings in the Council Chambers and broadcast city news and information on CMTV, the City's television channel. The funding will also be used for related construction in the Council Chambers; and Minutes — Regular Meeting — December 3, 2013 - Page 9 UNOFFICIAL UNTIL APPROVED 2. Directed the City staff to issue a Request for Proposals (RFP) for the purchase and installation of the new audio/visual equipment and broadcast system; and 3. Directed staff to obtain bids for related construction work needed in the Council Chambers. 3. FIRST READING OF THE EXCESSIVE USE OF RESOURCES ORDINANCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VI (COST RECOVERY FOR EXCESSIVE USE OF RESOURCES DUE TO NUISANCE ACTIVITIES AT LODGING ESTABLISHMENTS) OF TITLE 94 (POLICE AND LAW ENFORCEMENT) OF THE COSTA MESA MUNICIPAL CODE REGARDING COST RECOVERY FOR EXCESSIVE USE OF POLICE SERVICES." (04:09:39) Mayor Righeimer spoke on the need for the Ordinance. (04:10:32) Rick Francis, Assistant CEO, presented the report on the Ordinance. (04:11:50) Elena Gherli, Legal Counsel, provided clarification on the definitions in the Ordinance. (04:19:46) Discussion ensued regarding calls for service; parole checks; targeted or saturation patrols; and inverse condemnation. (04:22:29) Mayor Righeimer commented on language regarding specific location for focused or prolonged enforcement activity. (04:31:22) Council Member Monahan concurred with removing the following: "Specific location for focused or prolonged enforcement activity shall not be counted." (04:32:57) Discussion ensued regarding the appeal process. (04:33:06) Chief Gazsi spoke regarding focused or prolonged enforcement activity and criteria that would trigger a billing. (04:34:02) Council Member Genis spoke about calls for disturbing the peace for small establishments. (04:36:49) Council Member Monahan suggested a minimum of two calls per quarter. (04:38:19) Assistant CEO Francis clarified that the trigger on the nuisance activities would be a citation or arrest. (04:39:43) Discussion ensued regarding billing notices to owners and notifications to each establishment before the second reading. (04:41:04) Tamar Goldmann, Costa Mesa, expressed concern on employee time and expense to administer the program; spoke on establishments fearful of calling; room refusal by owners; and inquired on Ordinances adopted by other cities. (04:44:36) Minutes — Regular Meeting — December 3, 2013 - Page 10 UNOFFICIAL UNTIL APPROVED Anna Vrska, Costa Mesa, expressed concern regarding discriminatory practices, and requested statistics. (04:46:42) Mike Lin, spoke on resources and cost recovery; and the definition of nuisance activity. (04:47:54) Beth Refakes, Costa Mesa, supports applying to all lodging establishments; spoke on calls from the rooms; and administrative costs. (04:51:39) Laurie Dickendasher, Regency Inn Representative, spoke on unintended consequences due to adoption of Ordinance. (04:54:17) Jay Photoglou, Costa Mesa, spoke on the language that would trigger a report and safeguards. (04:56:46) Jack Chen, New Harbor Inn Representative, spoke on the City's surplus money to hire more police officers; that hotel security guards do not have police powers and expressed opposition to the Ordinance; and nuisance calls. (04:58:42) Wilson Wang, President of the Taiwan Hotel/Motel Association of Southern California, spoke about illegal activities at hotels; City revenue from the Transient Occupancy Tax; and expressed opposition to the Ordinance. (05:01:52) Scott Morlan, Costa Mesa, stated all his questions had been answered. (05:04:57) Cindy Brenneman, Costa Mesa, indicated that she hopes the Ordinance is not used to discriminate. (05:05:17) Mayor Pro Tem Mensinger spoke regarding screening hotel guests; reducing police calls; long-term. stays at motels; resources for problem motels; and recommended a threshold. (05:05:34) Discussion ensued regarding data administration; other cities enacting motel restrictions; police calls; and the need for more police officers. (05:12:00) Council Member Genis stated that "calls for service" needs to be clearly defined; and how different motels are managed. (05:16:06) Council Member Monahan suggested using the "0.4 calls for service" threshold; spoke on the history of the hotel/motel task force and operators properly managing their businesses; and made a motion to approve the Ordinance for first reading, with a 0.4 -calf threshold on a quarterly basis, and to eliminate the proposed service language section. (05:19:33) MOTION/SECOND: Council Member Monahan/Mayor Righeimer Mayor Righeimer expressed support for using a 0.4 threshold and removing the service language. (05:22:08) Mr. Francis spoke on delineation of calls. (05:25:54) Minutes — Regular Meeting — December 3, 2013 - Page 11 UNOFFICIAL UNTIL APPROVED Mayor Pro Tem Mensinger supported the 0.4 calls threshold. (05:27:08) Council Member Genis supported the motion, but requested that the definition of "service calls" be clearly defined. (05:29:36) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer, Noes: None Absent: None The motion carried: 5-0 ACTION: City Council introduced for first reading and adopted Ordinance 13-xx, to be read by title only, and waived further reading, regarding the excessive use of resources, and with a 0.4 -call threshold on a quarterly basis. ITEMS REMOVED FROM THE CONSENT CALENDAR (05:30:47) 3. WARRANT RESOLUTION 2500: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO RE PAID, funding City operating expenses for $659,620.74. (05:31:01) Anna Vrska, Costa Mesa, spoke on line item descriptions for warrants. (05:31:16) MOTIONISECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: Approved Warrant Resolution No. 2500, to be read by title only and waived further reading. 4. WARRANT RESOLUTION 2501: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-23 "A" AND 13-24 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO RE PAID, funding Payroll No. 13-23 "A" for $-574.99, Payroll No. 13-24 for $1,992,347.15 and City operating expenses for $333,999.81. (05:34:13) Anna Vrska, Costa Mesa, inquired about fees and services paid. (05:34:26) Minutes — Regular Meeting — December 3, 2013 - Page 12 UNOFFICIAL UNTIL APPROVED MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: Approved Warrant Resolution No. 2501, to be read by title only and waived further reading. 5. DOWNTOWN COSTA MESA GATEWAY LANDSCAPE IMPROVEMENTS, FEDERAL PROJECT NO. STPE-PO55 (055), CITY PROJECT NO. 13-06 (05:36:43) Beth Refakes, Costa Mesa, spoke in support of the project. (05:37:00) Jay Humphrey, Costa Mesa, spoke in support of the project; and commented on grant funding. (05:37:45) Cindy Brenneman, Costa Mesa, spoke in support of the project; and commented on granting projects to local Costa Mesa organizations. (05:38:20) MOTION/SECOND: Council Member Monahan/Council Member Leece The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: 1. City Council adopted plans, specifications, and working details for the Downtown Costa Mesa Gateway Landscape Improvements on SR -55 Freeway, City Project No. 13-06; and 2. Awarded a construction contract to Horizons Construction Co. Int'I, Inc., 1173 N. Patt Street, Anaheim, CA 92801 in the amount of $554,460.00; and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. 6. EAST 17TH STREET LANDSCAPE ENHANCEMENT, FEDERAL PROJECT NO. RPSTPLNE-5312(091), CITY PROJECT NO. 13-12 (05:39:04) Jay Humphrey, Costa Mesa, requested clarification on grant money used for this project. (05:39:08) Ernesto Munoz, Public Services Director, stated that grant monies are being utilized; and indicated that traffic fees are being utilized for traffic improvements at Tustin and 17th Street. (05:39:37) Minutes — Regular Meeting — December 3, 2013 - Page 13 UNOFFICIAL UNTIL APPROVED MOTIONISECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: 1. City Council adopted plans, specifications, and working details for the East 17th Street Landscape Enhancement, City Project No. 13-12; and 2. Awarded a construction contract to Horizons Construction Co. Int'l, Inc., 1173 N. Patt Street, Anaheim, CA 92801 in the amount of $776,995.00; and 3. Approved Budget Adjustment No. 14-018, in the amount of $30,000.00 towards the project; and 4. Authorized the Mayor and the City Clerk to execute the Public Works Agreement and the Budget Adjustment. 8. HARBOR BOULEVARD BEAUTIFICATION PROJECT, FEDERAL PROJECT NO. RPSTPLE-5312 (083), CITY PROJECT NO. 13-05 (05:42:05) Jay Humphrey, Costa Mesa, spoke on federal funding for the projects. (05:42:15) MOTIONISECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: 1. City Council adopted plans, specifications, and working details for the Harbor Boulevard Beautification Project, City Project No. 13-05; and 2. Awarded a construction contract to Jeff Tracy, Inc. DBA Land Form Construction, in the amount of $572,809.95 (base bid plus additive bid item No. AD -1); and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. Minutes — Regular Meeting — December 3, 2013 - Page 14 UNOFFICIAL UNTIL APPROVED 9. PROFESSIONAL ENGINEERING SERVICES TO PROVIDE STAFF SUPPORT FOR VARIOUS PARKS PROJECTS (05:44:12) Anna Vrska, Costa Mesa, requested clarification on park projects. (05:44.37) MOTION/SECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: 1. City Council awarded a contract to Civil Source, Inc., 9890 Irvine Center Drive, Irvine, California 92618, in an amount not to exceed $200,000 to provide Project Management and/or Construction Management staff support as needed for various Capital Improvement Program (CIP) projects; and 2. Authorized the Mayor and the City Clerk to execute the Professional Services Agreement; and 3. Approved Budget Adjustment No. 14-010 in the amount of $200,000 to fund the above mentioned contract. 10. MEASURE M2 EXPENDITURE REPORT: "A RESOLUTION OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2012-2013." (05:49:13) MOTION/SECOND: Council Member Monahan/Council Member Leece The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: City Council adopted Resolution No. 13-55, to be read by title only, and waived further reading, approving the Renewed Measure M2 Expenditure Report. 11. PUBLIC SAFETY APPLICATION SUPPORT CONTRACT (05:49:34) Cindy Brenneman, Costa Mesa, expressed support of Consent Calendar Items 11, 12 and 13.105:50.,03) Minutes — Regular Meeting -- December 3, 2013 - Page 15 UNOFFICIAL UNTIL APPROVED MOTION/SECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer, Noes: None Absent: None The motion carried: 5-0 ACTION: City Council authorized the City CEO or his designee to sign the Maintenance and Support Agreement and Purchase Requisition for support services in the amount of $58,301 for the City's CAD -RMS system with Motorola Inc., 1303 East Algonquin Road, Schaumburg, IL 60196. 12. RECOMMENDED ACCEPTANCE AND ALLOCATION OF THE 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS (05:49:34) MOTION/SECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 ACTION: 1. City Council approved staff's recommendation to allocate 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) funds to the Police Department's operating budget, and 2. Approved Budget Adjustment No. 14-015 to increase revenue and appropriations in the JAG fund, and allocate funds as follows: • Technology Improvement — South Coast Plaza Streaming Live Video to Responding Police Vehicles: $17,896 13. APPROVE THE PURCHASE AND OUTFITTING OF TEN REPLACEMENT 2014 FORD POLICE INTERCEPTOR UTILITY VEHICLES (05:49:34) MOTIONISECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 Minutes — Regular Meeting -- December 3, 2013 - Page 16 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council approved and authorized the CEO to sign the purchase agreement in the amount of $318,406.70 for ten replacement Ford Police Interceptor Utility vehicles from National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076,. under the National Joint Powers Alliance (NJPA) master vehicle contract #102811, and under existing City of Costa Mesa Purchase Order 0000008608; and 2. Approved and authorized the CEO to sign the purchase agreement in the amount of $125,162.77 for outfitting ten new Ford Police Interceptor Utility vehicles from Hi Standard Automotive, LLC, 1110 West Barkley Avenue, Orange, CA, 92868, under existing City of Costa Mesa Purchase Order 0000008786; and 3. Approved Budget Adjustment No. 14-019 to appropriate undesignated fund balance in the General Fund in the amount of $443,569.47 for the total purchase of ten vehicles with the required outfitted emergency safety equipment. 14. MODIFICATON TO PUBLIC COMMENTS AND CONSENT CALENDAR ON THE CITY COUNCIL AGENDA: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS FOR CITY COUNCIL MEETINGS" (05:51:43) Terry Koken, Costa Mesa, expressed opposition to changing the Order of Business; and spoke on Freedom of Speech. (05:51:58) Jay Humphrey, Costa Mesa, expressed opposition to changing the Order of .Business; and spoke on Freedom of Speech. (05:54:35) MOTION: Continue the meeting past midnight. (05:57:33) MOTION/SECOND: Council Member Monahan/Council Member Leece The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None The motion carried: 5-0 Eleanor Egan, Costa Mesa, spoke on Freedom of Speech; and expressed opposition to changing the Order of Business. (05:57:44) Jay Photoglou, Costa Mesa, spoke on restrictions; and expressed opposition to changing Order of Business. (06:01:49) Perry Valantine, Costa Mesa, spoke on the average time for public comments, and the motive for the change. (06:05:26) Charles Mooney, Costa Mesa, spoke on the First Amendment Coalition; Freedom of Speech; and expressed opposition to changing the process. (06:08:29) Minutes -- Regular Meeting -- December 3, 2013 - Page 17 UNOFFICIAL UNTIL APPROVED Tamar Goldmann, Costa Mesa, expressed opposition to changing the Order of Business; spoke on Freedom of Speech. (06:11:19) Beth Refakes, Costa Mesa, expressed opposition to changing the Order of Business; spoke on Freedom of Speech; and expressed concern on random drawing, (06:13:35) Greg Thunell, Costa Mesa, shared an article from the Daily Pilot. (06:16:46) Robin Leffler, Costa Mesa, spoke on the Consent Calendar; Freedom of Speech; and opposed to changing the Order of Business. (06:19:58) Anna Vrska, Costa Mesa, spoke on Freedom of Speech; and opposed to changing the Order of Business. (06:23:25) Cindy Brenneman, Costa Mesa, spoke against changing the Order of Business. (06:24:14) Chris McEvoy, Costa Mesa, opposed to changing the Order of Business; and Freedom of Speech. (06:25:00) Sue Lester, Costa Mesa, spoke against changing the Order of Business; and Freedom of Speech. (06:26:46) Mayor Righeimer stated that the cards are shuffled face down; spoke on adding a second Council Comments section; and spoke on Freedom of Speech. (06:29:54) MOTION/SECOND: Mayor Righeimer/Council Member Monahan To adopt Resolution No. 13-56, Changing the Order of Business. SUBSTITUTE MOTION: To receive and file (06:34:29) MOTION/SECOND: Council Member Leece/Council Member Genis Motion failed by the following roll call vote: Ayes: Council Member Leece, and Council Member Genis Noes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan Motion failed 2-3. Council Member Genis spoke about the amount of time spent on items on the agenda. (06:34:43) Council Member Monahan spoke on Public Comments in Costa Mesa and in other cities. (06:45:55) Council Member Leece spoke on the Presentations section; spoke on Freedom of Speech; and indicated opposition to changing the Order of Business. (06:47:45) Council Member Genis spoke on the Government Code regarding the Order of Business. (06:52:49) Minutes — Regular Meeting -- December 3, 2013 - Page 18 UNOFFICIAL UNTIL APPROVED Mayor Pro Tem Mensinger spoke on Freedom of Speech; meeting with citizens; allowing more speakers to speak with a reduced time limit; and the need for a schedule. (06:54:10) ORIGINAL MOTION: Mayor Righeimer/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan Noes: Council Member Genis, and Council Member Leece Absent: None Motion carried: 3-2 ACTION: City Council adopted Resolution No. 13-56, to be read by title only, and waived further reading, adding an "Additional Public Comments" section to the agenda, changing the order when "Items removed from the Consent calendar" will be addressed, and adding "Additional Council Comments" after "Additional Public Comments". ADDITIONAL PUBLIC COMMENTS (06:57:41) Chris McEvoy, Costa Mesa, spoke on decision making; and Freedom of Speech. (06:57:59) Jay Photoglou, Costa Mesa, suggested presentations be done last. (07:00:31) Charles Mooney, Costa Mesa., spoke on the removal of the decomposed granite path at Fairview Park. (07:03:42) Jay Humphrey, Costa Mesa, spoke about grants; and placement of items on the Consent Calendar. (07:04:57) Anna Vrska, Costa Mesa, spoke on Freedom of Speech; the General Plan meetings; and the removal of the decomposed granite path. (07:07:15) Cindy Brenneman, Costa Mesa, welcomed Fire Chief Stefano; spoke on Freedom of Speech; and civility. (07:10:01) Beth Refakes, Costa Mesa, spoke on civility; Public Hearings; and shortage of fields. (07:12:53) REPORT -- CITY ATTORNEY — None ADJOURNMENT — To Regular Meeting, January 7, 2014, 5:00 p.m. The Mayor adjourned the meeting at 1:20 a.m. MAYOR CITY CLERK Minutes — Regular Meeting — December 3, 2013 - Page 19 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING January 21, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 5:05 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis and Council Member Monahan (arrived at 5:30 p.m.) Council Members Absent: Council Member Leece PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE CLOSED SESSION The City Council recessed into Closed Session at 5:08 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa City Employee Association (CMCEA), pursuant to California Government Code Section 54957.6. 2. Conference with legal counsel regarding existing litigation: Costa Mesa Employees Association v. City of Costa Mesa, a municipal corporation, et al., Orange County Superior Court Case No. 30-2011 00475281, pursuant to California Government Code Section 54956.9(a). The City Council reconvened at 6:03 p.m. CALL TO ORDER (00:00:10) PLEDGE OF ALLEGIANCE (00:00:17) — Mayor Pro Tem Steve Mensinger MOMENT OF SOLEMN EXPRESSION (00:03:13) Father Tashjian, St. Mary Armenian Church ROLL CALL (00:03:12) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan Absent: Council Member Leece Minutes -- Regular Meeting — January 21, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CLOSED SESSION REPORT (00:03:35) - NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b)- None ANNOUNCEMENTS (00:03:39) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:05:50) Presentation by the 2014 Sister City Youth Ambassadors from Wydham Australia. Mayor Righeimer provided the students with Certificates of Recognition. PUBLIC COMMENTS (00:21:03) Terry Koken, Costa Mesa, spoke regarding the Mayor's comments. (00:21:36) Cindy Brenneman, Costa Mesa, thanked everyone involved in the Homeless Housing Outreach workshop; and announced the First Friday Road Show on February 7th, 2014. (00:24:25) Anna Vrska, Costa Mesa, spoke regarding Public Records Requests; and warrants. (00:25:47) Sue Lester, Costa Mesa, spoke on the 60th Anniversary documents and release of information to the public. (00:27;09) Greg Thunell, Costa Mesa, spoke on a New Yorker magazine article; and pensions. (00:30:16) Chris McEvoy, Costa Mesa, spoke on Rule of law; Fairview Park path; and public comments. (00:33:27) Robin Leffler, Costa Mesa, spoke on the Historical Society; and the budget. (00:35:59) COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:38:28) Council Member Monahan -- None (00:38:30) Mayor Righeimer requested information on the 60th Anniversary issue and the police investigation. (00:38:33) Minutes -- Regular Meeting — January 21, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED CEO Hatch spoke on the release of the 60th Anniversary documents and the police investigation. (00:39:12) Mayor Righeimer spoke on public comments; and the budget reserves. (00:40:00) CEO Hatch announced the budget surplus amounts from the last three years; and announced the Mid -Year budget Study Session on February 11th, 2014. (00:42:00) Mayor Pro Tem Mensinger reported on the 9th Annual Costa Mesa United Golf event; spoke on the City budget; and the pension unfunded liability. (00:44:45) Council Member Genis spoke regarding the budget; warrants and financial details; paying off the fire side fund; and thanked the Fire Department regarding the brush fires at Fairview Park. (00:48:00) REPORT- CHIEF EXECUTIVE OFFICER (CEO) (00:51:26) CEO Hatch announced the Mid -Year Budget Study Session on February 11th, 2014 at 4:30 p.m.; spoke on the 60th Anniversary event; the establishment of a Purchasing Committee; read the worker's compensation update and stated that the 14 recommendations have been completed; spoke on computer improvements; and invited the public to attend the General Plan Study Session on January 28th, 2014. CONSENT CALENDAR (00:56:49) MOTION: Approved recommended actions for Consent Calendar Item Nos. 1 through 9 except for Items 4 and 5. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: Council Member Leece Motion carried: 4-0-1 1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED RECOMMENDATION: City Council waived reading in full of Ordinances and Resolutions and approval and adoption of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: David B. Thompson Minutes — Regular Meeting — January 21, 2014 - Page 3 UNOFFICIAL UNTIL APPROVED b. Requests for Alcohol Beverage Control Licenses: • For Fresh & Easy, at 1835 Newport Blvd., Suite C140, a fiduciary transfer of a State Alcoholic Beverage Control (ABC) License Type "20" (Off -Sale Beer and Wine) and "86" (Instructional Tasting). • For Al Forno Cafe, at 1525 Mesa Verde Drive East, Suites 124 and 125, an original State Alcoholic Beverage Control (ABC) License Type "41" (On- Sale Beer and Wine, Eating Place). • For Aloha Grill, at 1749 Newport Blvd., a person-to-person transfer of a State Alcoholic Beverage Control (ABC) License Type "47" (On -Sale General, Eating Place). • For Kitakata Ramen Ban Nai, at 891 Baker Street, Suite B21, a person-to- person transfer of a State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). • For Pub 33, at 1562 Newport Blvd., #C&D, an original State Alcoholic Beverage Control (ABC) License Type "48" (On -Sale General, Public Premise). ACTION: Received and filed. 3. WARRANT RESOLUTION 2507: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 14-01 AND 13-26 "A" AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 14-01 for $2,209,017.52, Payroll No. 13-26 "A" for -11.68 and City operating expenses for $1,054,820.89. ACTION: Approved Warrant Resolution No. 2507, to be read by title only and further reading waived. 6. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS12-00415 FOR STREET IMPROVEMENTS AT 449 HAMILTON ST, COSTA MESA, CALIFORNIA ACTION: City Council approved the refund of cash deposit in connection with Encroachment Permit No. PS12-00415, in the amount of $18,925.00 to Do Construction And Design Inc., (Contractor), 10495 Bolsa Avenue, Westminster, California 92683. Minutes — Regular Meeting — January 21, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED 7. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS13-00123 FOR STREET IMPROVEMENTS AT 2269 SANTA ANA AVENUE, COSTA MESA, CALIFORNIA ACTION: City Council approved the refund of cash deposit in connection with Encroachment Permit No. PS13-00123 in the amount of $17,824.80 to Dennis Gimian, 3 Rana, Irvine, CA 92612. 8. COOPERATIVE AGREEMENTS FOR THE NEWPORT BOULEVARD AND ADAMS AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS ACTION: 1. City Council approved the Cooperative Agreements between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) for the Newport Boulevard and Adams Avenue Traffic Signal Synchronization (TSS) Projects; and 2. Authorized the Mayor and City Clerk to execute the above agreements. 9. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER OR HIS DESIGNEES TO EXECUTE A SUB -RECIPIENT AGREEMENT WITH THE CITY OF SANTA ANA ENTITLED: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENTISERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR THE FY 2013 URBAN AREAS SECURITY INITIATIVE (UASI)'. ACTION: 1. City Council adopted Resolution No. 14-02, to be read by title only and waived further reading, that authorizes the Chief Executive Officer or his designee to execute the attached Sub -Recipient Agreement with the City of Santa Ana to receive a grant under the FY 2013 Urban Areas Security Initiative (UASI) Grant Program; and 2. Authorized the Police Department to accept FY 2013 UASI reimbursement funds allocated to the City of Costa Mesa in an amount not to exceed $5,121. This amount will reimburse training costs included but not limited to tuition, overtime, and backfill for pre -approved Office of Domestic Preparedness -approved training for police, fire, and city personnel; and 3. Approved Budget Adjustment No. 14-022 in the amount of $5,121 to increase revenue and appropriate the grant funds to the Police Department's operating budget. Minutes — Regular Meeting -- January 21, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (00:57:40) 1. GENERAL PLAN AMENDMENT GP -13-03 FOR THE PROPOSED 2013-2021 HOUSING ELEMENT UPDATE TO THE 2000 GENERAL PLAN: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN GP -13-03 FOR THE PROPOSED 2013-2021 HOUSING ELEMENT". (00:58:00) Staff report presented by Minoo Ashabi, Principal Planner and Laura Stetson, MIG. (00:58:20) Council Member Genis expressed concern with losing affordable housing and low income units; and asked how to address the loss of housing for low income families. (01:06:20) Ms. Stetson indicated that there can be language included if resources come available the City will designate resources for rehabilitation. (01:08:57) Council Member Genis asked if the City is tracking the loss of affordable units, (01:09:30) Ms. Ashabi responded that the City does track on an annual basis and also provides a report to the Planning Commission and the City Council. (01:10:10) Council Member Genis stated that the fees on pg. 71 seem to be lower than other cities and it might be time to examine the fee structure. (01:10:30) Robin Leffler, Costa Mesa, spoke on condominium conversions; setbacks; affordable housing; and parking problems. (01:11:10) Council Member Monahan complimented staff on a great report. (01:14:00) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call Vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: Council Member Leece Motion carried: 4-0-1 ACTION: City Council adopted Addendum to Final Program EIR and approvod General Plan Amendment GP -13-03 for the proposed 2013-2021 Housing Element, by adoption of Resolution No. 14-03, to be read by title only, and waived further reading. Minutes — Regular Meeting — January 21, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED OLD BUSINESS -- NONE NEW BUSINESS (01:14:40) 1. URBAN MASTER PLAN SCREENING REQUEST (UMP -13-08) FOR AN 89 -UNIT RESIDENTIAL AND LIVEIWORK DEVELOPMENT LOCATED AT 1620 THROUGH 1644 WHITTIER AVENUE (01:16:10) Staff report provided by Mel Lee, Senior Planner. (01:15:20) Council Member Genis spoke on the views blocked by Banning Ranch; density and calculation requirements; general floor area ratios; and traffic studies. (01:21:45) Mayor Pro Tem Mensinger asked for clarification on the 10 acre property to the west of the site; and spoke on parking requirements. (01:25:55) Mr. Lee reviewed the parking space requirements; CC&R's; and storage space for units. (01:26:20) Discussion ensued regarding parking requirements for residential loft units. (01:28:48) Chris McEvoy, Costa Mesa, spoke on project density; parking and traffic concerns; and ocean views from the Senior Center. (01:33:22) Jay Humphrey, Costa Mesa, demonstrated slides and spoke on ocean views; spoke on the need to protect affordable housing; overlay zones, including mobile home parks; and expressed parking concerns. (01:35:55) Wanda Garro, Costa Mesa, spoke regarding public notification; signage regarding chemicals; inquired if the land is contaminated; spoke on parking spaces; and expressed traffic concerns. (01:39:35) Mayor Righeimer reviewed the notification process on the project. (01:42:30) Robin Leffler, Costa Mesa, spoke on public notifications; read a letter regarding excessive traffic, noise and air pollution and smoke from rooftop bbq's. (01:43:15) Cindy Black, Costa Mesa, spoke in opposition to the project due to density. (01:46:15) Council Member Monahan spoke on the screening process for parking spaces; spoke on the history of the school district property; recommended to make the separation larger; and spoke on traffic problem alleviation. (01:48:40) Council Member Genis recommended the 6' separation; spoke on oil wells; contamination at the school district site and annexing the school site; suggested the Minutes — Regular Meeting — January 21, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED City look at purchasing large parcels as they become available; and spoke on density, open space and impacts to schools. (01:52:03) Mayor Righeimer spoke on contamination at sites; and spoke on revitalization of neighborhoods. (01:56:10) Council Member Genis suggested asking applicants for affordable units. (01:58:58) Mayor Pro Tem Mensinger spoke in support of the project. (01:59:35) City Council provided feedback on the proposed project as described below: • Urban Master Plan screening for an 89 -unit detached residential development, consisting of 3 stories and a roof deck. 40 of the units are live/work, 27 units are residential lofts, and 22 units are traditional residential. The site has a General Plan land use designation of Light Industry and a zoning classification of MG (General Industrial). The site is also located within the Mesa West Bluffs Urban Plan. 2. EXCESSIVE USE OF RESOURCES COST RECOVERY AMOUNT RESOLUTION: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING THE INVOICE PERIOD AND COST RECOVERY AMOUNT FOR EXCESSIVE USE OF POLICE SERVICES UNDER CHAPTER VI OF TITLE 14 OF THE COSTA MESA MUNICIPAL CODE". (02:00:05) Staff report provided by Rick Francis, Assistant CEO. (02:00:35) Discussion ensued regarding fees; and average costs of calls. (02:01:20) Council member Genis requested clarification on the average cost of a call. (02:02:20) Assistant CEO Francis reviewed the methodology and total budget. (02:02;50) Discussion ensued regarding officer time; methodology; on call time for police officers; disproportionate effect of living close to motels; and cost recovery amount. (02:07:00) Robin Leffler, Costa Mesa, spoke on the fee for excessive use of calls; indicated that other uses should be charged the same amount; and spoke on safety. (02:19:00) Andrea Marcos, Costa Mesa, recommended gathering data on calls from businesses and measuring data. (02:21:35) Mike Lin, Costa Mesa, spoke on the excessive service call fee; and stated that lodging operators may hesitate before calling in. (02:22:32) Discussion ensued regarding excessive false alarm fees. (02:25:30) Minutes — Regular Meeting — January 21, 2014 W Page 8 UNOFFICIAL UNTIL APPROVED Mayor Pro Tem Mensinger spoke on the impacts to motels and clients from surrounding businesses. (02:26:00) MOTIONISECOND: Council Member Monahan/Mayor Righeimer Council Member Genis stated that the $360.00 cost recovery amount is probably not unreasonable but does not see enough evidence in the record to support that amount; and asked to look at apartments under the Motel Ordinance as well. (02:27:59) Council Member Monahan spoke in support of the cost recovery amount. (02:30:00) MOTIONISECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: Council Member Genis Absent: Council Member Leece Motion carried: 3-1-1 ACTION: City Council adopted Resolution No. 14-04, to be read by title only and waived further reading, regarding the cost recovery amount for excessive use of resources by lodging establishments. 3. CITY STAFF REORGANIZATION: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 08-58 BY ESTABLISHING NEW CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION" AND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 08-59 BY AMENDING THE FIRE ADMINISTRATIVE ASSIGNMENT PAY". (02:30:45) Staff report provided by CEO Tom Hatch. (02:31:10) Discussion ensued on the Senior Maintenance Worker position; Park Ranger and Part -Time Park Ambassador positions; the hiring of four (4) additional Police Officers; and police staffing levels. (02:37:50) MOTIONISECOND: Council Member Monahan/Council Member Genis The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent. Council Member Leece Motion carried: 4-0-1 Minutes — Regular Meeting -- January 21, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED ACTION: The City Council: 1. Authorized the following 12 positions: a. Senior Maintenance Worker (2 positions) b. Public Right of Way Coordinator C. Assistant Chief Executive Officer/Administrative Services Director d. Deputy City Clerk e. Human Resources Analyst f. Buyer g. Battalion Chief —Administration h. Police Officers (4 positions); and 2. Created a Parks and Community Services Department (no staffing changes); and 3. Approved Resolution Nos. 14-05 and 14-06, to be read by title only and waived further reading; and 4. Appropriated $600,000 from the General Fund fund balance to fund these positions for the remainder of FY 2013-14. ITEMS REMOVED FROM THE CONSENT CALENDAR (02:48:40) 4. BAKER STREET AND BEAR STREET INTERSECTION IMROVEMENTS, CITY PROJECT NO. 11-10 (02:48:45) Jay Humphrey, Costa Mesa, supports the projects; and spoke on grant funding. (02:49:05) MOTIONISECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: Leece Motion carried: 4-0-1 (02:57:00) Minutes — Regular Meeting — January 21, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council accepted the work performed by C.T. & F., Inc. and authorized the City Clerk to file the Notice of Completion; and 2. Authorized to Release the Labor and Material Bond seven (7) months after the filing date; release the Faithful Performance Bond one (1) year after the filing date; and release the retention monies 35 days after the Notice of Completion filing date. 5. 19th STREET REHABILITATION FROM NEWPORT BOULEVARD TO PARK AVENUE — CITY PROJECT NO. 12-20 MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: Council Member Leece Motion carried: 4-0-1 (02:57:00) ACTION: 1. City Council accepted the work performed by All American Asphalt and authorized the City Clerk to file the Notice of Completion; and 2. Authorized to Release the Labor and Material Bond seven (7) months after the filing date; release the Faithful Performance Bond one (1) year after the filing date; and release the retention monies 35 days after the Notice of Completion filing date. CONTINUED PUBLIC COMMENTS - NONE COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE REPORT -- CITY ATTORNEY - NONE ADJOURNMENT (02:57:20) — In memory of Anna Reagan. The Mayor adjourned the meeting at 9:01 p.m. MAYOR CITY CLERK Minutes — Regular Meeting -- January 21, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING APRIL 1, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 4:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS CLOSED SESSION The City Council recessed into Closed Session at 5:00 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa Police Officers Association (CMPOA), pursuant to California Government Code Section 54957.6. 2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa City Employee Association (CMCEA), pursuant to California Government Code Section 54957.6. 3. Conference with legal counsel regarding existing litigation: Costa Mesa Employees Association v, City of Costa Mesa, a municipal corporation, et al., Orange County Superior Court Case No. 30-2011 00475281, pursuant to California Government Code Section 54956.9(a). The City Council reconvened at 6:00 p.m. CALL TO ORDER (00:00:05) PLEDGE OF ALLEGIANCE (00:00:23) — Council Member Leece MOMENT OF SOLEMN EXPRESSION (00:00:45) — Pastor Phil Eyskens, Lighthouse Church ROLL CALL (00:02:20) Minutes — Regular Meeting —April 1, 2014 - Page 1 Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan. Absent: None Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Assistant Chief Executive Officer/Administrative Services Director Tamara Letourneau; Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CLOSED SESSION REPORT — NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) — None ANNOUNCEMENTS (00:02:51) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:05:09) Presentation by Ambassador John Whalen on Donate Life California PUBLIC COMMENTS (00:09:41) Susan Shaw, Costa Mesa, spoke on traffic. (00:09:59) Fabiola Soto, Community Service Programs Project Path, spoke about Costa Mesa Police Explorers' participation in a campaign to deter driving under the influence of alcohol. (00:11:58) Robert Graham, Costa Mesa, spoke on undergrounding utilities. (00:14:02) Laurene Keane, Costa Mesa, spoke about sober living homes and the Preserve our Neighborhood Task Force. (00:16:11) Greg Thunell, Costa Mesa, commented on pension contributions; vacancies in police and fire departments; and department organization. (00:19:43) Dana Lavin, Costa Mesa, spoke about Bruno, police dog; K-9 training; and police officer recruitment. (00:22:04) Minutes — Regular Meeting — April 1, 2014 - Page 2 Chris McEvoy, Costa Mesa, commented on the draft Charter; traffic problems; Friday Night lights; developments; the hiring of a private investigator; and the trail at Fairview Park. (00:25:36) Sue Lester, Costa Mesa, spoke about the 60th Anniversary Committee meeting; and Fairview Park. (00:28:45) Ann Parker, Costa Mesa, spoke on sober living homes and group homes. (00:30:10) COUNCIL MEMBER'S REPORTS, COMMENTS, AND SUGGESTIONS (00:34:17) Council Member Leece spoke on vandalism at the train station at Fairview Park; traffic; and group homes. (00:34:20) Mayor Righeimer spoke about group homes; the Neighborhood Improvement Task Force; undergrounding of utilities; the Charter; outsourcing of street sweeping services; and Clover Choir at Carnegie Hall. (00:37:26) Public Services Director Ernesto Munoz provided an update regarding undergrounding utilities. (00:47:46) Mayor Pro Tem Mensinger commented on group homes; improvements at Victoria Street; and back -to -school night at Estancia High School. (00:57:00) Council Member Genis spoke about the Great American Write -In; Fairview Park; spoke on undergrounding; upcoming community meetings; group homes; and the choir at Saint John the Baptist. (00:58:55) REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:02:50) CEO Hatch spoke on unfunded pension liabilities and the fire side fund; employee service awards; Fire Department staff development; upcoming community meetings; earthquake response and preparedness; City goals and expectations; John Wayne airport settlements; distracted drivers; and group homes. CONSENT CALENDAR (01:11:57) MOTION: Approved recommended actions for Consent Calendar Item Nos. 1 through 8 except for Items 4 and 6. MOVEDISECOND: Mayor Pro Tem Mensinger/Council Member Leece The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — April 1, 2014 - Page 3 1. PROCEDURAL WAIVER, MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED ACTION: City Council waived reading in full of Ordinances and Resolutions and approval and adoption of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Tiffany Frignacchase and Sergio Galaviz. ACTION: Received and filed. 3. WARRANT RESOLUTION 2512: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 14-05 "A" AND 14- 06 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No.14-05 "A" for $-21.75, Payroll No. 14-06 for $2,025,289.40 and City operating expenses for $1,234,436.96. ACTION: Approved Warrant Resolution No. 2512, to be read by title only and further reading waived. 5, PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTANTS ACTION: 1. City Council approved Amendment One, revising existing cap of $100,000 not to exceed $255,000, to the Professional Services Agreement with the Lilley Planning Group; and 2. Authorized the City Chief Executive Officer to sign the amended Professional Services Agreement with Lilley Planning Group. 7. AGREEMENT FOR PROSECUTION SERVICES ACTION: 1. City Council approved the Agreement between the City of Costa Mesa and the County of Orange for Prosecution Services; and Minutes — Regular Meeting — April 1, 2014 - Page 4 2. Authorized the Mayor and the City Clerk to execute the Agreement. 0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO ACTION: City Council adopted Resolution No. 14-18, to be read by title only and waived further reading, consenting to the inclusion of properties within the City's Jurisdiction in the California HERO Program to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and approved an amendment to a certain joint powers agreement related thereto. PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) — NONE OLD BUSINESS — (01:14:30) 1. SMALL LOT ORDINANCE: AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -13- 04 AMENDING TITLE 13, CHAPTERS I, IV, AND V RELATED TO DEFINITIONS, LAND USE MATRIX AND NEW ARTICLE 13-42 Staff report provided by Principal Planner Minoo Ashabi. (01:15:00) Phil Morello, Costa Mesa, spoke in support of the Small Lot Ordinance. (01:16:30) Jim Fitzpatrick, Costa Mesa, spoke in support of the Small Lot Ordinance. (01:19:30) Greg Thunell, Costa Mesa, commented on developments. (01:22:40) Joe Flanagan, Red Oak Investments, spoke in support of the Small Lot Ordinance. (01:25:47) Chris McEvoy, Costa Mesa, spoke on developments and parking. (01:26:45) Peter Naghavi spoke in support of the Small Lot Ordinance. (01:29:29) Minutes — Regular Meeting —April 1, 2014 - Page 5 Tamar Goldmann, Costa Mesa, expressed opposition to the Small Lot Ordinance; and commented on parking requirements. (01:31:44) Cynthia McDonald, Costa Mesa, spoke in opposition to the Small Lot Ordinance; and commented on density, setbacks, parking and developments. (01:34:53) Susan Shaw, Costa Mesa, spoke in opposition to the Small Lot Ordinance; and expressed concerns with traffic. (01:38:11) Jay Humphrey, Costa Mesa, spoke on the Small Lot Ordinance. (01:40:00) Katie Arthur, Costa Mesa, spoke in opposition to the Small Lot Ordinance; and expressed concerns with open space, parking, and infrastructure. (01:43:15) Al Melone, Costa Mesa, expressed concern with the Small Lot Ordinance; and spoke on the General Plan. (01:45:35) Robert Graham, Costa Mesa, spoke on parking and building permits (01:48:30) Mayor Righeimer spoke on parking standards, density, traffic studies; and variance issues. (01:52:20) Discussion regarding Homeowners' Associations and Maintenance Associations. (02:03:40) Discussion ensued on parking and vehicle access. (02:06:25) Council Member Leece spoke on project developments; common lot requirement; lot area; open space, density; and expressed that the Ordinance will have a negative effect. (02:09:44) Council Member Genis spoke in support of a Small Lot Ordinance, but not with the one proposed; and commented on CEQA; setbacks; density; overlay zones; maintenance association issues; provided information on ownership and rental rates. (02:12:40) Mayor Pro Tem Mensinger spoke on the large demand for homes. (02:23:35) MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan MOTION: To approve with revisions to Table 13-42: removing the requirement for developments with more than 10 units to provide two additional guest parking spaces, and reducing the setback minimum to five feet. (02:27:00) City Attorney Duarte advised that changes to the Ordinance would require an additional second reading. (02:28:10) Minutes — Regular Meeting — April 1, 2014 - Page 6 Council Member Monahan withdrew his second of the motion. (02:28:18) Original motion died for lack of a second. Council Member Genis expressed opposition to the motion. (02:29:25) SUBSTITUTE MOTION: Approve second reading and adopt the ordinance. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: Council Member Genis and Council Member Leece Absent: None Motion carried: 3-2 ACTION. City Council gave second reading and adopted Ordinance No. 14-04, to be read by title only and waived further reading, amending Title 13, Chapter I, IV, and V related to definitions; amendment to land use matrix; and a new Article 2.5 to Chapter V to allow small lot subdivisions in multiple family zoning districts and urban plan areas. City Council recessed for a break at 8:41 p.m. City Council reconvened the meeting at 8:55 p.m. NEW BUSINESS (02:51:45) 1. APPROVE POSTING OF A MONETARY REWARD IN MURDER INVESTIGATION (02:51:50) Council Member Genis asked if the language could be revised to reflect a reward in the amount of "up to $10,000." (02:51:55) MOTION: Approve recommended action, and to revise the reward amount to "up to $10,000." (02:52:37) MOVED/SECOND: Mayor Righeimer/Council Member Genis The motion carried by the following roll call vote: Ayes: Council Member Genis and Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — April 1, 2014 - Page 7 ACTION: City Council approved the posting of a monetary reward in the amount of up to ten thousand dollars ($10,000) for information leading to the arrest and conviction of the persons or persons responsible for the murder of Gary Smola, in compliance with City Council Policy 400-1, Reward Policy. 2, APPOINTMENTS TO VARIOUS COUNCIL -APPOINTED COMMITTEES AND BOARD (02:52:55) Staff report provided by City Clerk Brenda Green. (02:52:57) ACTION: City Council made appointments and reappointments to fill vacancies on the following committees and board: • Cultural Arts Committee 4 regular member vacancies (2 two-year terms and 2 one-year terms) and 2 alternate member vacancies (1 two-year term and 1 one-year term) Council Member Genis nominated Irene P. Engard and Anthony S. Manrique for a two-year term; and Tina Wlasick for a one-year term. (02:54:31) MOTION: Approve MOVEDISECOND: Council Member Genis/Council Member Leece The motion carried by the following roll call vote: Ayes: Council Member Genis and Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 • Historical Preservation Committee 6 regular member vacancies (5 two-year terms and 1 one-year term) and 2 alternates (2 two-year terms) Council Member Leece nominated Christopher Ganeire, Mary Ellen Goddard, Margaret Johnston, Terry Shaw, and Melinda Lowery to a two-year term; Karen McKenna-Juergens to a one-year term; and George Nakai as an alternate. (02:55:18) MOVED/SECOND: Council Member Leece/Council Member Genis The motion carried by the following roll call vote: Ayes: Council Member Genis and Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Minutes -- Regular Meeting — April 1, 2014 - Page 8 Nays: None Absent: None Motion carried: 5-0 • Housing and Public Service Grant Committee 3 regular member vacancies — this reduces the committee membership to 9 regular members (3 two-year terms) Mayor Pro Tem Mensinger nominated Leah Ersoylu, Philip Morello and Bob Wakeham for a two-year term. (02:56:08) MOVED/SECOND: Mayor Pro Tem MensingerlCouncil Member Monahan The motion carried by the following roll call vote: Ayes: Council Member Genis and Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 • Costa Mesa Senior Corporation Board of Directors 2 representative vacancies (2 one-year terms) Council Member Leece nominated James R. Fisler and Susan Healey for a one- year term to the Costa Mesa Senior Corporation Board of Directors (02:56:38) MOVEDISECOND: Council Member Leece/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis and Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ITEMS REMOVED FROM THE CONSENT CALENDAR (02:57:47) 4. BUS SHELTER ADVERTISING FRANCHISE AGREEMENT (02:57:56) Eleanor Egan, Costa Mesa, spoke on a non-discrimination provision. (02:58:45) Jay Humphrey, Costa Mesa, spoke on non-discrimination and free speech. (02:59:48) Council Member Leece requested the addition of a nondiscrimination clause. (03:00:25) Minutes — Regular Meeting — April 1, 2014 - Page 9 Discussion ensued regarding approval of advertisements and the City's right to reject advertisement that is improper, offensive, or interferes with pedestrian or traffic safety. (03:01:38) MOTION: Council Member Monahan/Mayor Pro Tem Mensinger (03:03:10) Council Member Leece spoke on free speech for advertising and indicated that discretion should be with the City. (03:03:15) MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: Council Member Leece Absent: None Motion carried: 4-1 ACTION: 1. City Council approved a new Franchise Agreement for a Bus Shelter Advertising Program, effective April 2, 2014 through March 31, 2019, with Clear Channel Outdoor, Inc., 19320 Harborgate Way, Torrance, CA 90501; and 2. Authorized the Mayor and the City Clerk to execute the Franchise Agreement. 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY OF COSTA MESA TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FRANCHISE TAX BOARD AUTHORIZING THE RECIPROCAL AND CONFIDENTIAL EXCHANGE OF TAX DATA IN THE CITY BUSINESS TAX PROGRAM (03:06:44) MOTION: Council Member Monahan/Mayor Pro Tem Mensinger Discussion ensued regarding the cost of the agreement. (03:07:15) MOTION: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis and Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting -- April 1, 2014 - Page 10 ACTION: City Council adopted Resolution No. 14-17, to be read by title only and waived further reading, authorizing the Chief Executive Officer to execute the State of California Standard Agreement C1300129 with the State of California Franchise Tax Board to participate in the City Business Tax Program. CONTINUED PUBLIC COMMENTS - NONE COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE REPORT — CITY ATTORNEY - NONE ADJOURNMENT - To Special City Council meeting, April 22, 2014, 7:00 p.m. The Mayor adjourned the meeting at 9:12 p,m. MAYOR CITY CLERK Minutes -- Regular Meeting — April 1, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAY 6, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 4:02 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger (arrived at 4:15 p.m.), Council Member Leece, Council Member Genis and Council Member Monahan Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS - None CLOSED SESSION The City Council recessed into closed session at 4:05 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa Police Officers Association (CMPOA), pursuant to California Government Code Section 54957.6. 2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa City Employee Association (CMCEA), pursuant to California Government Code Section 54957.6. 3. Conference with legal counsel regarding existing litigation: Costa Mesa Employees Association v. City of Costa Mesa, a municipal corporation, et al., Orange County Superior Court Case No. 30-2011 00475281, pursuant to California Government Code Section 54956.9(a). Mayor Righeimer and Mayor Pro Tem Mensinger recused themselves from Closed Session item number 1. The City Council reconvened at 6:03 p.m. CALL TO ORDER (00:00:20) PLEDGE OF ALLEGIANCE (00:00:41) -- Mayor Righeimer MOMENT OF SOLEMN EXPRESSION (00:01:16) Rabbi Elie Spitz of Congregation B'nai Israel Minutes — Regular Meeting — May 6, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED ROLL CALL (00:01:30) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan. Absent: None Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Assistant Chief Executive Officer/Administrative Services Director Tamara Letourneau, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:01:45) - NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None ANNOUNCEMENTS (00:02:00) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATION (00:04:14) 1. Rabbi Elie Spitz of Congregation B'nai Israel on the Day of Holocaust Remembrance (00:04:24) 2. New Ambulance Presentation (00:08:54) 3. Provide a Ride Presentation (00:14:30) 4. Recognition of St. John the Baptist School Clover Choir and Music Director Yvette Itano (00:22:30) PUBLIC COMMENTS (00:37:32) Cindy Brenneman, Costa Mesa, spoke on the fire fighters assistance for burn victims; and new ambulances. (00:37:48) Phillip Marx, Costa Mesa, spoke on radiation poisoning. (00:40:05) Sue Lester, Costa Mesa, spoke on the OC Marathon; and on life saving efforts from Officer Olin. (00:43:15) Al Melone, Costa Mesa, spoke on the dog park. (00:45:30) Beth Refakes, Costa Mesa, spoke on the Military Affairs Team support of 115 Marines; the 60th Anniversary report; and the 19th Street traffic calming meeting. (00:48:48) Charles Mooney, Costa Mesa, spoke on library renovations. (00:51:50) Minutes -- Regular Meeting — May 6, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED Laurene Keane, Costa Mesa, spoke on the 60th Anniversary issue; and the Costa Mesa minute video. (00:53:27) Greg Thunell, Costa Mesa, spoke on the Mayor's responsibility and public sentiment on various Issues. (00:56:31) Tamar Goldmann, Costa Mesa, spoke on the comment period for public speakers; and the 2012 elections. (00:59:55) Cindy Black, Costa Mesa, spoke on approved developments; traffic mitigation for the Banning Ranch development; and donations to Mayor Righeimer. (01:02:35) Harold Weitzberg, Costa Mesa, spoke on infringement of rights. (01:05:44) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (01:07:10) Mayor Righeimer — spoke on new ambulances; the Fire Department reorganization; and thanked citizens of Costa Mesa who paid for the fire services. (01:07:12) Mayor Pro Tem Mensinger — spoke on the new ambulances; the leadership of the Fire Department; announced the Mayor's celebration on May 8th, 2014; spoke on the OC Marathon event and the Battle of Costa Mesa event; Costa Mesa Connect system for iPhones; dog park maintenance; developments in the City; and the COIN process being considered by the County. (01:11:32) Council Member Genis — thanked St. John the Baptist School Choir; reported her attendance all the Southern California Association of Governments conference; spoke on funding for transportation; spoke on toll lanes; spoke on Consent Calendar 4; spoke on development fees; development of long narrow single parcels; and the Metro Point development. (01:19:28) Council Member Leece — spoke on the dog park; spoke on the 60th Anniversary report; the RFP for expanding library services; reported her attendance at the Art Fair at Estancia Adobe; spoke on the Moment of Solemn Expression; spoke on the General Plan Update; COIN; transparency; and ex -parte communications. (01:25:10) Council Member Monahan — spoke on the Moment of Solemn Expression; the dog park and planting trees; neighborhood clean-up and removing old signs; and invited the public to fundraiser events for St. Joachim and Kaiser Woodland School. (01:35:25) REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:38:50) CEO Thomas Hatch provided a report on the 60th Anniversary event; spoke on the dog park; the budget process; an Elections Committee; complemented public services staff on cleaning up of trees after the winds; spoke on the Hamilton Community Garden; and the lease agreement between the County and Ganahl Lumber Company. Minutes — Regular Meeting -- May 6, 2014 - Page 3 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (00:55:52) MOTION: Approve recommended actions for Consent Calendar Items Nos. 1-5 except for items 4 and 5. MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Nays: None Absent: None Motion carried: 5-0 1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED ACTION: City Council waived reading in full of Ordinances and Resolutions and approval and adoption of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Godoy Glad; Lou Jean Stead; Julie Fowler; and Southern California Edison. ACTION: Received and filed. 3. WARRANT RESOLUTION 2514: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-07 "A", 14-08,14-08 "A", 14- 09 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 14-07 "A" for $3,367.93, Payroll No. 14-08 for $2,154,038.99, Payroll No. 14-08 "A" for $1,358.07, Payroll No. 14-09 for $2,048,020.85 and City operating expenses for $4,023,608.96. ACTION: Approved Warrant Resolution No. 2514, to be read by title only and further reading waived. PUBLIC HEARINGS — 7;00 p.m. (Resolution No. 05-55) (01:45:05) City Council considered Public Hearing item number 2 first followed by Public Hearing item number 1. 2. 2014-2015 COMMUNITY DEVELOPMENT BLOCK. GRANT PUBLIC SERVICE GRANT ALLOCATIONS (01:42:26) Mayor Righeimer recused himself from this item because he is on the Board of Mercy House. Minutes -- Regular Meeting — May 6, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED Public Comments: Kathy Duvernet, Youth Employment Service, Costa Mesa, thanked the city for support; requested continued funding; and spoke on their programs. (01:50:40) Timothy Huyah, Mercy House Living Centers, Costa Mesa, spoke regarding homelessness and requested continued funding. (01:53:15) John Hobso, Youth Employment Service, Costa Mesa, thanked the city for support and requested continued funding. (01:54:30) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, and Mayor Pro Tem Mensinger. Nays: None Absent: None Recused: Mayor Righeimer Motion carried: 4-0-1 ACTION: City Council approved a $20,000 Community Development Block Grant Public Service Grants for Fiscal Year 2014-2015 for Mercy House. Mayor Righeimer returned to the meeting. (01:57.30) MOTIONISECOND: Council Member Monahan/Counci The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: None Absent: None Motion carried: 5-0 ACTION: Member Genis Council Member Monahan, and City Council approved the following Community Development Block Grant Public Service Grants for Fiscal Year 2014-2015: Fair Housing Foundation $21,000; Community SeniorSery-Home Delivered Meals $20,000; Youth Employment Services $19,000; Council on Aging $9,000; Women's Transitional Living Center $10,000; Colette's Children's Home $20,000; and Community SeniorServ-Congregte Meals $20,000. Minutes — Regular Meeting — May 6, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT OF ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (01:58:15) MOTION/SECOND: Council Member Monahan/Council Member Leece The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council approved recommended allocation of $1,031,757 for the Fiscal Year 2014-2015 Community Development Block Grant (CDBG) Application; and 2. Approved recommended allocation of $353,421 for the Fiscal Year 2014-2015 HOME Investment Partnership Grant; and 3. Approved Resolution No. 14-21, to be read by title only and waived further reading, authorizing the following: o City's Chief Executive Officer (CEO) to act as the official representative of the City in order to submit the Annual Action Plan and all certifications and assurances contained therein; and o CEO to act in connection with the submission of the Annual Action Plan; and o CEO to approve minor changes and provide additional information as may be required. City Council recessed into a break at 8:21 p.m. (02:18:22) City Council resumed at 8:31 p.m. (02:29:04) Minutes — Regular Meeting - May 6, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED 3. 125 EAST BAKER STREET APARTMENT PROJECT: FINAL EIR (STATE CLEARINGHOUSE # 2013081051); GENERAL PLAN AMENDMENT GP -13-02; REZONE R-13-02; ZONING CODE AMENDMENT CO -13-02; MASTER PLAN PA -13-11, AND DEVELOPMENT AGREEMENT DA -14-02 (02:29:01) Staff report presented by Mel Lee, Senior Planner and Jerry Guarracino, Assistant Director Community Improvement Division. Joe Flanagan, Applicant, Red Oak Investments, and the design team provided a presentation. (03:21:20) Public Comments: Alex Remo, Irvine, spoke in support of the project. (04:16:30) John Harty, Newport Beach, spoke in support of the project. (04:19:40) Michael Garz, Costa Mesa, spoke in support of the project.. (04:21:34) Anne Lukas, Tustin, spoke in opposition to the project. (04:22:44) Morgan Hill, Costa Mesa, spoke in support of the project. (04:25.23) Garry Lukas, Costa Mesa, spoke in opposition to the project. (04:27:00) Sam Olmstead, Costa Mesa, spoke in support of the project. (04:28:20) John Feeney, Costa Mesa, expressed concerns with the project. (04:30:14) Carter Harrington, Costa Mesa, spoke in support of the project. (04:31:34) Jay Humphrey, Costa Mesa, expressed concerns with the project. (04:32:22) Richard Huffman, Costa Mesa, spoke in opposition to the project. (04:35:30) Robin Leffler, Costa Mesa, expressed concerns with the project. (04:38:05) Anna Vrska, Costa Mesa, spoke in opposition to the project. (04:41:12) Cynthia McDonald, Costa Mesa, spoke in opposition to the project. (04:44:08) 1. MOTIONISECOND: Council Member Monahan/Mayor Pro Tem Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Rig heimer. Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — May 6, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council approved Resolution No. 14-22, to be read by title only and waived further reading, certifying the Final Environmental Impact Report for the project. 2. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (05:25:30) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: Council Member Leece Absent: None Motion carried: 4-1 ACTION: 2. City Council tentatively approved by adoption of Resolution No. 14-23, to be read by title only and waived further reading, General Plan Amendment GP -13-02, with substituting 4 stories and a loft instead of 5 stories. 3. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (05:34:10) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, and Mayor Righeimer. Nays: Council Member Leece Absent: None Motion carried: 4-1 ACTION: and Mayor Pro Tem Mensinger 3. City Council approved first reading to Ordinance No. 14-05, to be read by title only and waived further reading, approving Rezone R-13-02. 4. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (05:34:30) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: Council Member Leece Absent: None Motion carried: 4-1 ACTION: 4. City Council approved first reading to Ordinance No. 14-06, to be read by title only and waived further reading, approving Zoning Code Amendment CO -13-02 Minutes — Regular Meeting -- May 6, 2014 - Page 8 UNOFFICIAL UNTIL APPROVED 5. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (05:34:40) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: Council Member Leece Absent: None Motion carried: 4-1 5. City Council approved by adoption of Resolution No. 14-24, to be read by title only and waived further reading, Master Plan PA -13-11, subject to conditions of approval and the EIR Mitigation Monitoring and Reporting Program for the project. 6. MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (05:35:05) SUBSTITUTE MOTION BY COUNCIL MEMBER GENTS: To approve the development agreement except for clause six. (05:39:35) MOTION DIED FOR LACK OF A SECOND ORIGINAL MOTION: Council Member Monahan/Mayor Pro Tem Mensinger (05:40:28) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: Council Member Leece Absent: None Motion carried: 4-1 ACTION: 6. City Council approved Development Agreement DA -14-02 between the applicant and the City of Costa Mesa to fund public infrastructure improvements in the area. City Council recessed for a break at 11:43 p.m. (05:40:50) City Council resumed at 11:54 p.m. (05:50:25) MOTION: Continue the meeting past midnight MOVED/SECOND: Council Member Leece/Council Member Monahan The motion to continue the meeting past midnight carried by the following roll call vote: Ayes: Council Member Leece, Council Member Monahan, and Mayor Righeimer. Nays: None Absent: Mayor Pro Tem Mensinger/Council Member Genis Motion carried: 3-2 Minutes — Regular Meeting — May 6, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED NEW BUSINESS (05:50:50) 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2014-2015 FOR A BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON PROPOSAL (05:50:59) MOTIONIMOVED: Council Member Monahan/Mayor Pro Tem Mensinger (05:57:10) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council received and filed the Business Improvement Area (BIA) annual report for Fiscal Year 2013-14; and 2. Received and filed audited financial report for Fiscal Year 2012-13; and 3. Approved Resolution No. 14-25, to be read by title only and waived further reading, declaring its intention to levy an annual assessment for Fiscal Year 2014-2015 for a Business Improvement Area covering certain Costa Mesa Hotels and Motels and setting the time and place for a public hearing on June 3, 2014. 2. REQUEST FOR CITY COUNCIL DIRECTION ON POTENTIAL REVIEWIREVISION OF THE CITY'S SIGN ORDINANCE (06:00:15) John Feeney, Costa Mesa, spoke on the current sign code. (06:01:40) City Council provided direction to staff to refer to the Planning Commission. (06:05:20) 3. ETHICS POLICY (06:11:26) Sue Lester, Costa Mesa, spoke on compliance of the ethics policy. (06:15:00) Beth Refakes, Costa Mesa, spoke on enforcement and compliance of the policy. (06:17:00) Robin Leffler, Costa Mesa, inquired on a hearing or appeal process for censure. (06:20:10) Cindy Brenneman, Costa Mesa, spoke on compliance of the ethics policy. (06:20:45) MOTION: To receive and file. (06:28:40) Minutes — Regular Meeting — May 6, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Council Member Monahan/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer, Nays: Council Member Leece Absent: None Motion carried: 4-1 ACTION: City Council received and filed the ethics policy. ITEMS REMOVED FROM THE CONSENT CALENDAR — 4. 5. 2013 ANNUAL REVIEW OF THE COSTA MESA 2002 GENERAL PLAN (06:37:35) Jay Humphrey, Costa Mesa, spoke regarding mobile homes being sold and replaced with high density housing. (06:37:50) Robin Leffler, Costa Mesa, commented on various sections of the general plan review. (06:40:08) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger (06:43:19) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, and Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved the 2013 Annual Report of the Costa Mesa 2002 General Plan. CHANGE ORDER — WEST COAST ARBORISTS, INC. (06:43:49) Jay Humphrey, Costa Mesa, spoke on outsourcing of tree trimmings. (06:43:58) MOTION: Council Member Monahan/Mayor Pro Tem The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece Mayor Pro Tem Mensinger and Mayor Righeimer. Nays: None Absent: None Motion carried: 5-0 Mensinger (06:44:50) Council Member Monahan, and Minutes — Regular Meeting — May 6, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council approved Contract Change Order No. 1 to the Professional Services Agreement authorizing payment for additional work in the amount of $100,000 for tree planting services with West Coast Arborists, Inc., 2200 E. Via Burton Street, Anaheim, California 92806; and 2. Authorized the CEO to execute the Contract Change Order. CONTINUTED PUBLIC COMMENTS (06:46:55) Anna Vrska, Costa Mesa, spoke on the 60th Anniversary documents; and the ethics policy. (06;47:17) Robin Leffler, Costa Mesa, spoke on ambulance transportation; the Metro Point development; the Auto Club and IKEA development; and General Plan Amendments. (06:48:51) COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE REPORT — CITY ATTORNEY - NONE ADJOURNMENT- To next regular meeting on June 3, 2014. The Mayor adjourned the meeting at 12:37 p.m. MAYOR CITY CLERK Minutes — Regular Meeting — May 6, 2014 - Page 12 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING AND SPECIAL JOINT MEETING WITH THE COSTA MESA HOUSING AUTHORITY January 7, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 5:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS CLOSED SESSION The City Council recessed into Closed Session at 5:03 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa City Employee Association (CMCEA), pursuant to California Government Code Section 54957.6. 2. Conference with legal counsel regarding existing litigation: Costa Mesa Employees Association v. City of Costa Mesa, a municipal corporation, et al., Orange County Superior Court Case No. 302011 00475281, pursuant to California Government Code Section 54956.9(a). 3. Conference with legal counsel regarding existing litigation: City of Costa Mesa v. D'Alessio Investments, LLC, a Nevada Corporation; et al.: Orange County Superior Court Case No. 30-2011-00468876, pursuant to California Government Code Section 54956.9(a). The City Council reconvened at 6:05 p.m. CALL TO ORDER (00:00:10) PLEDGE OF ALLEGIANCE (00:00:39) — Council Member Genis MOMENT OF SOLEMN EXPRESSION (00:01:00) - NONE ROLL CALL (00:01:11) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan. Absent: None Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CLOSED SESSION REPORT (00:01:25) - NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None ANNOUNCEMENTS (00:01:30) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:03:14) Sandra Dunkin, Orange County Grand Jury, announced openings for the Orange County Grand Jury; and explained the selection process to become a member. (00:03:37) Dr. Kathy Simon Abels, Simon Family Foundation, President/Executive Director, provided a video presentation on the Simon Scholar Program. (00:05:00) Frank Albers, President, Costa Mesa High School Foundation, provided an update on the Foundation's mission and a summary of completed projects. (00:11:40) PUBLIC COMMENTS (00:16:00) Christine Nolf, Costa Mesa, expressed support for the permanent Supportive Housing Project. (00:16:44) Tamar Goldman, Costa Mesa, spoke on public input at General Plan Study Sessions. (00:17:27) Martin H. Millard, Costa Mesa, spoke on the repair of the trail at Fairview Park. (00:19:00) Larry Haynes, Costa Mesa, Executive Director of Mercy House, spoke on the Supportive Housing Project. (00:21:00) Cindy Brennaman, Costa Mesa, apologized; and spoke on an article on the Illumination Foundation. (00:23:23) Brenda Springer, Costa Mesa, expressed support for the Supportive Housing project; and indicated opposition for the Supportive Housing Project at Civic Center Park. (00:24:35) Sue Lester, Costa Mesa, commended Cindy Brenneman for apologizing; commended the PD on the 60th anniversary event; commended the Fire Department on Santa letters; thanked city staff for rearranging the tree trimming schedule during the holiday's; spoke on police staffing at Council meetings; and the Costa Mesa United Golf Tournament. (00:26:55) Mayor Righeimer spoke on the Police Department staffing levels. (00:30:25) Anna McCarthy, Costa Mesa, spoke in opposition to a permanent Supportive Housing Project at Civic Center Park. (00:30:50) Minutes -- Regular Meeting/Special Joint Meeting -- January 7, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED Beth Rafakes, Costa Mesa, spoke on civility at Council meetings; requested an update on the status of the audio/visual upgrades; spoke on a Veteran's hall; and the Supportive Housing Project. (00:34:34) Mark Guitierrez, Costa Mesa, spoke on his aspirations to be a public servant; shared on being homeless; and supports the Supportive Housing proposal. (00:37:45) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:40:04) Council Member Genis spoke on cancelling the first meeting in January instead of the second meeting in December due to the holiday's; reported her attendance at the So Cal Summit on Recovery Economy in December; and spoke regarding civility at the meetings. (00:40:20) Council Member Leece spoke on the Supportive Housing Project at Civic Center Park; volunteer opportunities to help the homeless; thanked staff and volunteers for Snoopy House; thanked families who hosted Marines; spoke on the Open House at the Police Department; asked for clarification on Vanguard's soccer fields; spoke on the upcoming General Plan: Visioning Statements meeting; spoke on South Coast Plaza taxable sales reporting; and announced the Costa Mesa business assistance guide for new businesses; and wished everyone a Happy New Year. (00:42:55) Council Member Monahan — None (00:49:12) Mayor Righeimer spoke on the Supportive Housing Project; best practices on helping the homeless; civility at meetings; supporting the Marines and hosting families for Christmas. (00:49:15) Mayor Pro Tem Mensinger spoke on the Supportive Housing Project; the opportunities of the Simon Scholar Program; the Costa Mesa walking group; and the Costa Mesa Golf Tournament. (00:58:23) REPORT -- CHIEF EXECUTIVE OFFICER (CEO) (01:01:33) CEO Hatch spoke on the Snoopy House event; Costa Mesa School District Summer Arts Program; staffing and recruitment at City Hall; using additional resources to. augment vacancies; Costa Mesa High School Cheer Program; congratulated AVM Professional Volleyball players April Ross and Jake Gibb; spoke on the soccer field impacts at Vanguard University; spoke on the upcoming General Plan meetings; and the Senior Center organizational review findings. Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 W Page 3 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (01:11:05) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 17 except for Items 3, 4, 5, 6, 7, 8, 9, 10, 13, and 14. MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Genis The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED ACTION: City Council waived reading in full of Ordinances and Resolutions and approval and adoption of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Akil Carter; and Hooshang Pakfar. ACTION: Received and filed. 11. REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS12-00154 FOR STREET IMPROVEMENTS AT 2059 HARBOR BLVD, COSTA MESA, CALIFORNIA ACTION: City Council approved the refund of cash deposit in connection with Encroachment Permit No. PS12-00154 in the amount of $26,937, to West Coast Self Storage Group LLC, 4012 148th St SE Mill Creek, WA 98012. 12, STREETSCAPE AND MEDIAN DEVELOPMENT STANDARDS ACTION: City Council authorized staff to issue a Request for Proposal (RFP) to secure consultant services to assist in revising the Streetscape and Median Development Standards. 15. PURCHASE OF MICROSOFT OFFICE PROFESSIONAL 2013 LICENSES THROUGH THE MICROSOFT ENTERPRISE AGREEMENT ACTION: City Council approved the purchase of Microsoft Office Professional Plus licenses through the Microsoft Enterprise Agreement (EA) Program for 448 desktop computers from CompuCom Systems in the amount of $181,690.88. This amount will be payable in two equal payments of $90,845.44, with the first payment due in January 2014 (FY 1314) and the second payment due in July 2014 (FY 14-15). Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED 16. MINUTES: Regular Meeting of November 5, 2013; Special Study Session of November 12, 2013; Regular Study Session of November 12, 2013; and Regular Meeting/Special Joint Meeting with the Costa Mesa Housing Authority of November 19, 2013. ACTION: Approved. 17. PROPOSED TRANSFER OF GENERAL PARTNER OF 72 -UNIT COSTA MESA FAMILY VILLAGE AFFORDABLE HOUSING PROJECT - REQUEST TO CMHA, AS GROUND LESSOR, FROM SHAPELL, AS GENERAL PARTNER OF GROUND LESSEE, FOR CONSENT TO TRANSFER GENERAL PARTNERSHIP INTEREST IN LESSEE UNDER THREE GROUND LEASES AND RELATED INSTRUMENTS TO WHOLLY-OWNED SUBSIDIARY OF SHAPELL ACTION: City Council authorized CMHA Executive Director to sign the Consent Letter substantially in the form attached and return it to Shapell. PUBLIC HEARINGS -- 7:00 p.m. (Resolution No. 0555) 1. PA -89-36 A21PA-87-133 Al (ZA-13-22) AMENDMENT TO PLANNED SIGN PROGRAMS FOR METRO POINTE OFFICE AND RETAIL CENTER 901 SOUTH COAST DRIVE & 950 SOUTH COAST DRIVE (01:12:30) Mayor Pro Tem Mensinger recused himself and left the Council Chambers. Staff report provided by Antonio Gardea, Senior Planner. (01:13:00) Council Member Genis spoke on current visibility of area by neighboring residences; concern on number of signage and placement of signs; reducing sign size and impacts on neighboring residences; indicated concern with precedent set with LED lighting; and demonstrated pictures of the site. (01:14:30) Speaker, General Manager, Metro Pointe, spoke on competing shopping centers; keeping sales tax in Costa Mesa; signage opportunities for small businesses; and sign designs. (01:23:00) Peter Nagavi, Representative on behalf of Applicant, spoke on the history of Development of Metro Pointe; mitigating traffic impacts; building a successful development; building a new freeway off ramp; the need to revisit LED signage; LED signage being a helpful tool for businesses; indicated that there is no significant impact to neighboring residences; and spoke on the SOCO signage. (01:26:00) Discussion ensued regarding the signage height at the top of the Edward Cinema sign. (01:36:20) Milton Solomon, spoke on the visibility of the signs; impacts to neighborhoods; and the size of the sign. (01:37:00) Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED Discussion ensued on the height of the sign; impacts to residents; advertisement capability; and notices sent to property owners. (01:38:00) Sheila Pffaflin, Costa Mesa, concerned with the signage being approved by a variance. (01:48:50) Mark Harris, Costa Mesa, indicated that he spoke to Mr. Solomon regarding the proposed signage; spoke on the different levels of LED lighting; and impacts to his neighborhood. (01:49:47) Tom Pollitt, Costa Mesa, indicated that he is not opposed to the signage; and would like the development to be more competitive.(01:54:20) Cynthia Blackwell, Costa Mesa, spoke on traffic impacts on South Coast Drive; and expressed support on advertising signs. (01:57:25) Flo Martin, Costa Mesa, spoke on civility; light pollution on the North side of Costa Mesa; spoke in opposition to LED signage; and indicated that the focus should be on residents concerns. (01:59:20) Robin Leffler, Costa Mesa, spoke on LED signs; visibility of signs; and asked to require developer to come back with better pictures that demonstrate visibility and impacts to residents. (02:02:27) Greg Ridge, Costa Mesa, expressed opposition to the recommended signage; and spoke on the vote from the Planning Commission. (02:05:04) Beth Refakes, Costa Mesa, opposed to the signage; spoke on neighborhood impacts due to light spillage and light signage. (02:07:05) Cindy Brenneman, Costa Mesa, inquired on the neighborhood impacts; and expressed concern on safety due to many signs at SOCO. (02:10:00) Discussion ensued on impacts to neighbors, the need to look at sign policies for future LED lighting. (02:13:10) MOTION: To Uphold the Planning Commission's decision Motion died for lack of a second. Discussion ensued on reader boards and LED billboards; larger signs on the north side of building; and advertising Costa Mesa events. (02:15:50) Mayor Righeimer indicated that he would like changes to what the Planning Commission approved; expressed concern on signage becoming billboards and V party advertisement; and reviewed what was allowed at SOCO. (02:25:10) MOTION/SECOND: Mayor Righeimer/Council Member Genis Council Member Genis and Leece indicated concern on the impacts on the neighborhoods. (02:36:10) Minutes — Regular Meeting/Special Joint Meeting -- January 7, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED Council Member Leece requested that Planning look at sign policy standards. (02:36:35) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, and Mayor Righeimer Noes: None Recused: Mayor Pro Tem Mensinger Absent: None s Motion carried: 4-0-1 ACTION: City Council upheld the Planning Commission's decision approving the project, with the following changes and additions: Pylon signs facing the freeway will not exceed 40' in height, including all decorative elements of the signs; The content of the LED signs shall be strictly limited to the names and logos of businesses located on -premises; provided that applicants may substitute text or logos with noncommunicative decorative elements, including but not limited to, lifestyle photographs. "On -premises" shall mean that the business is located on the Metro Pointe site only, and does not include any use or business that operates for less than ninety consecutive (90) days. LED text shall not include, for example, information regarding short-term tenants (90 days or less), sales, specials, events, or any off -premises advertising. The height of the directional sign on the north side of South Coast Drive shall not exceed 7 feet from grade. A recess was taken at 8:45 p.m. The meeting resumed at 8:55 p.m. OLD BUSINESS (02:48:88) 1. SECOND READING OF THE EXCESSIVE USE OF RESOURCES ORDINANCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VI (COST RECOVERY FOR EXCESSIVE USE OF RESOURCES DUE TO NUISANCE ACTIVITIES AT LODGING ESTABLISHMENTS) OF TITLE 14 (POLICE AND LAW ENFORCEMENT) OF THE COSTA MESA MUNICIPAL CODE REGARDING COST RECOVERY FOR EXCESSIVE USE OF POLICE SERVICES". Staff report provided by Rick Francis, Assistant CEO, reviewing the threshold on calls for service; meeting with hotel owners; the revisions of the proposed Ordinance; cost methodology; 911 calls; and increased tolls. (02:48:30) Mayor Righeimer announced meetings between Council Members and hotel/motel owners. (02:52:40) Elena Gerli, Deputy City Attorney, indicated that the City does have the authority to issue specific regulations to address. problems. (02:54:11) Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED Discussion ensued defining excessive use of calls from hotels; land lord and tenant issues; a flat fee; the proposed Resolution; adjusting the ratio allotment; inspection of rooms by management; hotel calls; economic analysis of room establishments; and nuisance code at lodging establishments. (02:56:45) Laurie Dickendasher, Regency Inn, expressed concern on interpreting words in the Ordinance; and indicated that she would like to have a good relationship with the City. (03:15:20) Chris McEvoy, spoke on patrolling hotels; and inquired on two group meetings on this item. (03:20:00) Mike Lim, Costa Mesa, agreed against criminal activity; spoke on the hotel call threshold. (03:20:55) Greg Thunell, Costa Mesa, spoke on attorney costs; and the TOT tax. (03:24:32) Lili Graham, Attorney, Public Law Center, expressed opposition to the Ordinance. (03:24:32) Mayor Righeimer clarified that domestic and child abuse does not count towards the calls. (03:29:00) Jack Chen, Harbor Inn, spoke on the 1995 safe innskeeper program for crime prevention; and asked for this item to be tabled. (03:29:30) Heather Johnson, ACLU, expressed opposition to the Ordinance. (03:31:50) Jean Forbath, Costa Mesa, Member of Costa Mesa Housing Coalition, expressed opposition to the Ordinance. (03:34:50) Robin Leffler, Costa Mesa, spoke on safety and lawsuits; and expressed concern with the Ordinance. (03:37:00) Wilson Wayne, President of Taiwan Hotel/Motel Association of Southern California, expressed opposition to the Ordinance. (03:40:00) Jay Humphrey, Costa Mesa, expressed concern with the Ordinance. (03:43:15) Hector Almaraz, General Manager, Costa Mesa Motor Inn, expressed opposition to the Ordinance. (03:46:22) Anna Vrska, Costa Mesa, expressed opposition to the Ordinance. (03:48:30) Speaker, Costa Mesa Motor Inn, expressed concern with the Ordinance. (03:50:50) Beth Refakes, Costa Mesa, expressed concern with the Ordinance; suggested an educational program on best business practices; and does not agree with the threshold amount. (03:54:24) Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 8 UNOFFICIAL UNTIL APPROVED Lily Chen, Attorney, Regency Inn & New Harbor Inn, spoke on comments from the Mayor; fines; and long term occupancy. (03:57:25) Flo Martin, Costa Mesa, expressed opposition to the Ordinance. (04:01:00) Tamar Goldmann, Costa Mesa, expressed opposition to the Ordinance. (04:03:40) Cindy Brenneman, Costa Mesa, expressed opposition to the Ordinance. (04:07:00) Discussion ensued on processing fines; keeping track of calls; cooperation from owners; calls for service at hotels; activities defined under disturbing the peace; illegal use of fireworks; and issues at motels. (04:08:00) MOTIONISECOND: Mayor Righeimer/Council Member Monahan (04:26:20) Mayor Righeimer spoke on nuisance activity at hotels; better hotel management; and charges for excessive use of resources. (04:26:30) Council Member Monahan spoke on the nuisance activities identified in the Ordinance including: the occurrence or attempted occurrence of any gang related crime; unlawfully discharging of firearms; parties or gatherings in which alcohol or control substances are consumed illegally by minors; the occurrence or attempted occurrence of any criminal activity that threatens the life, health, safety or welfare of residents of the lodging establishment, the neighborhood or the public; the commission or attempted commission of any serious felony or violent felony; the manufacture, cultivation, sale, use or possession of a controlled substance; the commission or attempted commission of any act of prostitution; and the manufacture, sale, possession, or use of a firearm in violation of the Dangerous Weapons Control Law. (04:34:50) Council Member Leece stated that she will not be supporting the motion; and spoke on working with business owners. (04:38:35) Council Member Genis stated that she does not support the Ordinance; and stated that she would like the record to reflect, "I certainly do believe that we should not allow businesses to externalize their cost on to the community however, in this case I would like the record to reflect that I have not seen data to indicate that the motels are problematic as opposed to other businesses despite my request to see such data which I would also like the record to reflect that". (04:40:05) Mayor Pro Tem Mensinger spoke on problem motels; and stated that he would like the record to reflect, "in contrary to what one of the speakers said I would rather not see drug and prostitution in motel rooms, that is not a goal of our City. Nor do we want to perpetuate that. This is about trying to eliminate crime, and the lower the crime rate the less government we need, we do not need to hire more police so that we can manage somebody's business". (04:41:35) Council Member Monahan spoke on collaborating with business owners. (04:42:25) Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: Council Member Genis, Council Member Leece Absent: None Motion carried: 3-2 NEW BUSINESS - NONE ITEMS REMOVED FROM THE CONSENT CALENDAR (04:43:36) 3. WARRANT RESOLUTION 2502: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding City operating expenses for $644,278.01. Tamar Goldmann, Costa Mesa, spoke on the Senior Center audit; Charter Committee costs; and legal fees. (04:44:15) Greg Thunell, Costa Mesa, spoke on excessive expenditures and attorney costs. (04:46:50) MOTION/SECOND: Mayor Righeimer/Council Member Leece (04:49:30) The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: Approved Warrant Resolution No. 2502, to be read by title only and further reading waived. 4. WARRANT RESOLUTION 2503. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-24 "A" AND 13-25 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-24 "A" for $720.78, Payroll No. 13-25 for $2,269,045.92 and City operating expenses for $964,749.23. (04:49:50) Tamar Goldmann, Costa Mesa, spoke on excessive expenditures by outsourcing; Jones Day costs; lawsuits; and Benito Acosta fees. (04:50:00) Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED MOTION/SECOND: Mayor Righeimer/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved Warrant Resolution No. 2503, to be read by title only and further reading waived. 5. WARRANT RESOLUTION 2504: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding City operating expenses for $948,972.90. (04:52:15) Greg Thunell, Costa Mesa, spoke on TOT tax and attorney costs. (04:52:28) Tamar Goldmann, Costa Mesa, spoke on outsourcing of services. (04:55:15) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent. None Motion carried: 5-0 ACTION: Approved Warrant Resolution No. 2504, to be read by title only and further reading waived. 6. WARRANT RESOLUTION 2505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-25 "A" AND 13-26 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-25 "A" for $0.00, Payroll No. 13-26 for $2,188,009.22 and City operating expenses for $1,638,928.46. (04:57:03) Greg Thunell, Costa Mesa, spoke on Huntington Beach helicopter services; Enterprise Council Group; Liebert Cassidy; Management Partners fees; and Jones Day fees. (04:57:15) Chris McEvoy, Costa Mesa, spoke on legal fees. (04:59:'15) Tamar Goldmann, Costa Mesa, spoke on keeping track of employees; and the listening report. (05:00:10) MOTION/SECOND- Mayor Righeimer/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: Approved Warrant Resolution No. 2505, to be read by title only and further reading waived. 7. WARRANT RESOLUTION 2506: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding City operating expenses for $554,182.55. (05:01:40) Anna Vrska, Costa Mesa, spoke on legal fees; asked for clarification on items; and spoke on costs for the Charter Committee. (05:01:58) Greg Thunell, Costa Mesa, spoke on legal expenditures; Larry's building materials bill; and decomposed granite. (05:04:10) MOTIONISECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: Approved Warrant Resolution No. 2506, to be read by title only and further reading waived. 8. FINAL MAP FOR TRACT NO. 17501 LOCATED AT 1527 NEWPORT BOULEVARD, COSTA MESA, CALIFORNIA (05:06:30) Chris McEvoy, spoke on developments and density. 05:06:44 Sheila Pfafflin, Costa Mesa, spoke on high density housing; and is opposed to the item. (05:07:30) Shubeth Shoeman, Matt White Custom Homes, spoke on the project. (05:09:50) Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 12 UNOFFICIAL UNTIL APPROVED MOTION/SECOND: Mayor Righeimer/Council Member Monahan The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved the Final Map for Tract No. 17501 and authorized signing of the Map by the City Clerk and the City Engineer. 9. FINAL MAP FOR TRACT NO. 17554 LOCATED AT 132, 134, & 140 INDUSTRIAL WAY, COSTA MESA, CALIFORNIA MOTION/SECOND: Mayor Righeimer/Council Member Monahan The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved the Final Map for Tract No. 17554 and authorized signing of the Map by the City Clerk and the City Engineer. 10. FINAL MAP FOR TRACT NO. 17519 LOCATED'AT 2157 AND 2159 TUSTIN AVENUE, COSTA MESA, CALIFORNIA MOTION/SECOND: Mayor Righeimer/Council Member Monahan The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved the Final Map for Tract No. 17519 and authorized signing of the Map by the City Clerk and the City Engineer. 13. HARBOR BOULEVARD AND ADAMS AVENUE INTERSECTION IMPROVEMENTS — CONSTRUCTION MANAGEMENT AND INSPECTION SUPPORT SERVICES (05:10:30) Greg Thunell, spoke against outsourcing. (05:10:50) Jay Humprey, Costa Mesa, spoke on the traffic problem on Elm Avenue and Ponderosa Street. (05:13:20) Minutes — Regular Meeting/Special Joint Meeting -- January 7, 2014 - Page 13 UNOFFICIAL UNTIL APPROVED MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council awarded a Professional Services Contract for an amount not to exceed $192,400 to Onward Engineering, 300 South Harbor Boulevard, Suite 814, Anaheim, CA 92805, for Construction Management and Inspection Support Services for the Harbor Boulevard — Adams Avenue project; and 2. Authorized the Mayor and the City Clerk to execute the Professional Services Agreement. 14. EXTENSION OF EXISTING PROFESSIONAL SERVICES AGREEMENTS FOR INTERIM IT DIRECTOR AND IT CONSULTANT (05:16:59) Anna Vrska, spoke on costs for consultants; and legal fees. (05:17:15) MOTION/SECOND: Council Member Monahan/ Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer Nays: None Absent: None Motion carried: 5-0 ACTION: City Council authorized the City CEO to extend the following existing Professional Services Agreements by approving the following amendments: 1. Amendment One to the contract with NexLevel Information Technology, Inc. (NexLevel IT) for Interim IT Director, in an amount not to exceed $55,000.00, for a total contract amount of $104,920.00; and 2. Amendment Two to the contract with Scientia Consulting Group, Inc. (Scientia) for an IT Consultant to assist with technical support functions, in an amount not to exceed $55,000.00, for a total contract amount of $103,000.00. Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 14 UNOFFICIAL UNTIL APPROVED CONTINUED PUBLIC COMMENTS (05:20:00) Chris McEvoy, Costa Mesa, spoke on vandalism costs at the park; right to speak at meetings; and a June '14th, 2010 public hearing item. (05:20:25) Susan Shaw, Costa Mesa, spoke in favor of solving the homeless issue; spoke on an issue involving a City tree; and is opposed to splitting the public comment period. (05:23:22) Speaker, spoke on comments made by the Mayor and Mayor Pro Tem on hotel and motels; and the warrants. (05:26:50) Robin Leffler, Costa Mesa, spoke on the public comment period; and police staffing. (05:28:40) Greg Thunell, Costa Mesa, spoke on bankruptcy; the City being understaffed; and attorney costs. (05:32:00) COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS (05:35:05) Council Member Leece spoke on warrant questions from the public; and on employees retiring and going to other jobs. (05:35:08) REPORT -- CITY ATTORNEY — None ADJOURNMENT — To Special Joint Study Session with the Planning Commission, January 14, 2014, 4:30 p.m. (05:35:15) The Mayor adjourned the meeting at 11:41 p.m. MAYOR CITY CLERK Minutes — Regular Meeting/Special Joint Meeting — January 7, 2014 - Page 15 Cl T Y COUNCIL A GENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: CC -6 SUBJECT: FINAL MAP FOR TRACT NO. 17705 LOCATED AT 2294 PACIFIC AVENUE, COSTA MESA, CALIFORNIA DATE: NOVEMBER 6, 2014 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR BY: FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER, AT 714-754-5335 RECOMMENDATION: Approve the Final Map for Tract No. 17705 (Attachment 1), including the vacation of twenty- five (25) foot of a thirty (30') foot -wide public utility easement and authorize signing of the Map by the City Clerk and the City Engineer. BACKGROUND: The Tentative Map for Tract No. 17705 and Conditions of Approval (Attachment 2) were approved by the Planning Commission on May 27, 2014. The Map consists of a subdivision to construct a 5 -unit, two-story detached, small lot single-family residential development on a 0.47 -acre parcel. The Map also includes the vacation of twenty-five (25) foot of a thirty (30) foot -wide public utility easement along the northern boundary of the property. ANAI WRIS• All Conditions of Approval imposed by the Planning Commission have been complied with and the Final Map is in substantial conformance with the Tentative Map approved by the Planning Commission. The Tract Map has been checked and found to be technically correct, and includes the release and relinquishment of access rights to Pacific Avenue. There is a thirty (30') foot -wide public utility easement along the northern boundary of the property located at 2294 Pacific Avenue. A portion of this easement, twenty-five (25') foot -wide, is being vacated in conjunction with the Tract Map No. 17705. The utility easement was originally dedicated by a reservation from the right-of-way vacation of Banning Place. However, there are no underground utilities or the need to construct a public street within the reserved easement area. The only utility lines within the vicinity of the easement are Southern California Edison's (SCE) above ground power poles. Even though SCE's poles are outside of the easement area, the overhead cross arms are encroaching into the easement. Therefore, SCE has indicated that they only need five foot of the existing easement for maintenance purposes. 1 On October 27, 2014, a report was presented to the Planning Commission outlining the location, purpose, and extent of the proposed vacation of the public utility easement as required by Government Code Section 65402. The Planning Commission adopted Resolution No. PC -14-48 (Attachment 3) finding that the proposed vacation is consistent with the City's General Plan. Government Code Sections 66434(g) and 664450) authorize the vacation of twenty-five (25) foot of the existing thirty (30') foot -wide public utility easement upon the filing of the final map, provided written notation of the vacation is listed by reference to the record creating the easement and certified by the City Clerk. Public entities potentially interested in the easement were notified of the proposed vacation. Southern California Edison was the only utility that requested reservation of a five foot portion of the public utility easement. ALTERNATIVES CONSIDERED: No alternatives were considered. FISCAL REVIEW: All Tract Map filing fees have been paid. LEGAL REVIEW: The City Attorney's office is in agreement that the Map Act allows vacation of excess public easements upon the filing of the Final Map in accordance with Government Code Sections 66434(g) and 664450). CONCLUSION: There is an existing thirty (30') foot -wide public utility easement along the northern boundary of the property located at 2294 Pacific Avenue. SCE has indicated that they only need five foot of the existing easement to access their facilities. There are no other underground and/or above ground utilities within the easement and the City has no future plans to construct a street in that area. It is recommended that the City Council approve the Final Map, vacate the excess twenty- five (25) foot -wide public utility easement with the Map, and authorize the City Clerk and the City Engineer to sign the Map. FARIBA FAZELI City Engineer ATTACHMENTS 1 — Final Tract Map 2 — Letter of Conditions 3 — Resolution PC -14-48 ERNESTO MUNOZ Public Services Director 2 Chief Executive Officer DISTRIBUTION: Assistant Chief Executive Officer Economic & Dev. Director/Deputy CEO City Attorney City Clerk yTw ►1;jF _Cl T Y COUNCIL AGENDA REPORT i� �+ CITY �NF,ANTS A,� DATE: T NOVEMBER 18,2014 ITEM NUMBER: CC -7 ` �C�RPORR7E��9��/1 SUBJECT: PROFESSIONAL SERVICES AGREEMENT TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR 177 -UNIT LIVE/WORK AND RESIDENTIAL LOFT DEVELOPMENT AT 671 W. 17TH STREET DATE: NOVEMBER 6, 2014 FROM: DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, PRINCIPAL PLANNER Minoo.ashabi@costamesaca.gov RECOMMENDED ACTION Award contract to PlaceWorks in the amount of $86,165.00 for preparation of the Initial Study / Mitigated Negative Declaration (IS/ MND) for the proposed 177 -unit development at 671 W. 17tH Street, authorize Mayor and City Clerk to sign and execute the contract, and authorize CEO to sign extensions or renewals of the contract. BACKGROUND Proposed Project On June 14, 2014, City Council conducted an Urban Master Plan screening of the development concept for 176 units of live/work and loft units at Argotech Site. The minutes of the screening can be accessed at the following link: httD://www.costamesaca.aov/modules/showdocument.asax?documentid=15248 In August 2014, the proposed master plan and subdivision map for the project was submitted to the City for processing. The plan has been slightly modified from the master plan screening submittal and now includes one additional loft unit for a total of 177 units, a lager common open space area and a detailed parking plan including 22 compact parking spaces. The 9 -acre site is zoned MG (General Industrial) and has a General Plan land use designation of Light Industrial. The proposal three different products types as follows: 1. 89 units of three-story attached live/work lofts, 2. 46 units of three-story attached residential lofts, and 3. 42 units of three-story detached live/work units. The site is currently occupied by Argotech (one of the largest industrial uses on Westside) and is located within the Mesa West Bluffs Urban Plan. Argotech has been 1 undergoing extensive contamination clean up under state and county regulations. The process is nearly complete and the applicant has obtained a Notification of Case Closure Review from the Regional Water Quality Control Board (RWQCB). Development of the site with residential product would require clearance from the state as well as local agencies. Future Discretionary Actions The master plan and the IS/ MND will be subject to review and approval by the Planning Commission. The preliminary plans indicate that approval of the following deviations will be required for the proposed development plans: • Parking — 15% compact stalls are proposed • Garage size— 19' x 20' proposed (20' x 20' required) • Workspace size — Workspaces range in size from 156 square feet to 270 square feet for live/work units — 250 square feet required. Request for Proposals and Consultant Qualification On October 1, 2014, a Request for Proposals (RFP) was released to qualified consulting firms to prepare the IS / MND. A total of eleven bids were received and approved for review. Because of extensive experience in mixed use plans and recent involvement in projects within neighboring cities, PlaceWorks was selected as the most competitive consultant during the evaluation process. The Consultant will be responsible for the preparation of the IS/ MND and all related CEQA related documents/studies (Notice of Preparation, Responses to Comments, applicable studies, etc.). Attendance at Planning Commission and City Council public hearings is also required. Department staff believes that PlaceWorks is qualified to perform the work due to the following considerations: • Demonstrated relevant experience with residential and mixed-use development. PlaceWorks is a multidisciplinary planning, environmental, and design firm offering a wide range of in-house technical expertise. Specifically, PlaceWorks completed the Visioning Plan and EIR for Irvine Business Complex and the EIR for Uptown Newport including a mixed use project of residential and neighborhood retail and park space in the Airport Business Area. • History of successful collaborations with local jurisdictions. PlaceWorks has successfully collaborated with local jurisdictions throughout California and has long-standing relationships with the adjacent cities of Irvine, Newport Beach and Lake Forest, and Garden Grove. PlaceWorks has successfully completed environmental review documents pursuant to CEQA, NEPA, and a multitude of other relevant environmental laws. • Highly qualified technical environmental staff and subconsultants. The project team members are experienced environmental analysts with over 20+ years of combined experience with CEQA and in the preparation of environmental impact reports. Furthermore, in its Proposal to Provide Services, PlaceWorks has committed senior staff to work on the proposal and reputable sub -consultants in specific fields. 2 The total proposed contract amount is $86,165.00 and is anticipated to take place within the next 5-6 months. Sufficient funding is/will be available for the project within the anticipated environmental review timeframe. It should be noted that this contract amount also includes a five percent contingency budget. ALTERNATIVES CONSIDERED An alternative would be to reject the bid and reinitiate the RFP process. The City's CEQA guidelines do allow environmental documents to be prepared by in- house staff. However, the nature, scope, and complexity of this project and current staff demands do not make this a viable or practical option. FISCAL REVIEW The cost for this contract is 100% funded by the applicant, Westport Properties, Inc. Upon execution of the contract, the $86,165.00 contract amount (plus the City's 10 percent administrative processing fee) will be deposited in a City escrow account that is managed by the project planner. LEGAL REVIEW The attached draft professional services agreement has been reviewed and approved as to the form by the City Attorney's office. CONCLUSION Staff recommends that PlaceWorks be awarded the environmental consulting contract for the project IS/ MND. Through a competitive selection process, staff believes that this firm is the most qualified to complete the work in a comprehensive and timely manner, based on their relevant experience and technical expertise. MINOO ASHABI, AIA Principal Planner GARY ARMSTRONG, AICP Director of Economic & Development / Deputy CEO Attachment: Draft Professional Services Aareement cc: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2) 3 Nicole Morse, Esq. PlaceWorks 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 C. Jamie Alai Vice President Development Westport Properties, Inc. US Storage Centers 2201 Dupont Dr., Suite 700 Irvine, CA 92612 Donald Lamm Diamond Star Associates, Inc. 4100 MacArthur Blvd., Ste 330 Newport Beach, CA 92660 Brandon Johnson Tierra Development Advisors 901 Dove Street, Suite 140 Newport Beach, CA 92660 M CITY COUNCIL AND SUCCESSOR AGENCY TO THE COSTA MESA REDEVEL OPMEN T A GENC Y AGENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: CC -8 SUBJECT: ADOPTION OF THE FY 2014-2015 STATEMENT OF INVESTMENT POLICY DATE: OCTOBER 10, 2014 FROM: FINANCE DEPARTMENT PRESENTATION BY: STEPHEN DUNIVENT, INTERIM FINANCE DIRECTOR FOR FURTHER INFORMATION CONTACT: STEPHEN DUNIVENT, (714) 754-5243 RECOMMENDED ACTION City Council and the Successor Agency to the Costa Mesa Redevelopment Agency (Successor Agency) adopt Resolutions approving the Statement of Investment Policies for Fiscal Year 2014- 2015 and delegating investment activities to the City Treasurer. BACKGROUND The California Government Code Section 53646(a)(2) requires the City Treasurer to submit a "Statement of Investment Policy" to the legislative body each fiscal year. These Investment Policies have been designed and developed according to the specific needs of the City of Costa Mesa and Successor Agency and complies with the California Government Code, guidelines recommended by the California Municipal Treasurer's Association (CMTA), guidelines recommended by the Association of Public Treasurers of the United States and Canada (APTUS&C) and recommendations by Chandler Asset Management, the City's contracted investment manager. The City Finance Director serves as both the City Treasurer and the Successor Agency Treasurer. The single most important statutory duty of the Treasurer is set forth in California Government Code Section 41001 which provides that the "City Treasurer shall receive and safely keep all money coming into the Treasury." In light of these statutory responsibilities, the California Municipal Treasurer's Association has established the following guidelines to prudent investment strategy for local treasurers to follow: 1 Legal Investment Authority: Temporary idle monies are to be invested in accordance with state and local statutes and in compliance with California Government Code Sections 53600 et seq. • Safety: It is the primary duty and responsibility of the Treasurer to protect, preserve, and maintain intact cash and investments placed in trust with the Treasurer on behalf of the citizens of the City of Costa Mesa. • Li uidi : An adequate percentage of the portfolio should be maintained in liquid short- term securities, which can be converted to cash if necessary to meet disbursement requirements. • Yield: The Treasurer shall obtain the highest possible yield within the parameters of the City's and Successor Agency's authorized investments, provided the criteria for safety and liquidity have been met. ANALYSIS The Fiscal Year 2013-2014 Investment Policies adopted on November 19, 2013, has been revised for Fiscal Year 2014-2015 to reflect the changes described below: • Section VI Standard of Prudence has been revised to replace the general, historical standard of the "Prudent Person Rule" with the "Prudent Investor" standard used in State Code. • Section VII Authorized Investments has been substantially revised to incorporate explicit ratings, maturity and concentration limits with each authorized investment type. This revised section is based on State Code overlaid with industry best practices. In addition, it is recommended to add high grade municipal securities to the authorized investment list. • Former Section XI Derivative Investments has been incorporated into a broader Section XI Portfolio Risk Management based on industry best practices. • Former Section XIV Qualified Dealers is replaced by a more definitive Section XIV Authorized Financial Institutions, Depositories and Broker/Dealers using best practices dealer language. These changes to the Investment Policies have been presented to and discussed with the Finance Advisory Committee. The Committee approved the changes on September 30, 2014. FA CONCLUSION The attached Investment Policies have been revised to include the proposed changes referenced above. It is recommended that City Council adopt the attached Resolution Number 14 - approving the City Statement of Investment Policy for the 2014-15 fiscal year and Resolution Number 14- approving the Successor Agency Statement of Investment Policy for the 2014- 15 fiscal year. STEPHEN DUNIVENT Interim Finance Director Attachments: 1) FY 2013-14 Red -Lined Statement of Investment Policy for the City and Successor AizencX 2) FY 2014-15 City Proposed Statement of Investment Policy Investment Guidelines and Strategy Investment Procedures: Internal Controls - Guidelines Cash Controls Segregation of Responsibilities of the Treasury Functions Glossary 3) FY 2014-15 Successor Agency Proposed Statement of Investment Policy Investment Guidelines and Strategy Investment Procedures: Internal Controls - Guidelines Cash Controls Segregation of Responsibilities of the Treasury Functions Glossary 4) City Resolution 14- 5) Successor Agency Resolution 14- 3 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: SUBJECT: LANDSCAPE AND TURF MAINTENANCE CONTRACT AMENDMENT - MIDORI GARDENS, INC. DATE: NOVEMBER 7, 2014 FROM: PUBLIC SERVICES DEPARTMENT - MAINTENANCE SERVICES DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY (714) 754-5123 RECOMMENDATION Approve an Amendment to the contract with Midori Gardens, Inc. to extend the term from June 30, 2014 to February 28, 2015 for the landscape maintenance of parks, facilities and sports fields in the amount of $37,051.67 per month. 2. Authorize the Chief Executive Officer and the City Clerk to execute the Amendment to the Performance Services Agreement. BACKGROUND On September 19, 2006, the City Council awarded a contract for landscape maintenance to Midori Gardens, Inc. in an annual amount of $305,076.64. The contract was for an initial term of two (2) years, with four optional one (1) year renewals ending in September 2012. The contract was amended on three occasions; once to approve the optional renewals, and two subsequent amendments to extend the term to June 30, 2014. The contractor is currently working on a month-to-month basis. ANALYSIS Midori Gardens, Inc. has been performing satisfactorily for the duration of the contract. The previous amendments were entered into to allow time for the City to complete the Request for Proposal process during the outsourcing feasibility studies for all park and landscape maintenance services. It was anticipated that at such time as the outsourcing was implemented, the existing contract would have been terminated. With the completion of the feasibility studies and the determination to continue with a hybrid of in-house and contract services for park and landscape maintenance, the intention was to re -advertise the work prior to the end of the amended term. The specifications were not completed prior to June 30, 2014. The contractor has continued to provide the service on a month-to-month basis. The preparation of the specifications is currently underway. The park and landscape maintenance contract is anticipated to be advertised in November 2014 and brought to City Council for award in February 2015. ALTERNATIVES CONSIDERED The Council could extend the contract for a longer term, continuing service with the existing landscape contractor. FISCAL REVIEW The contract cost for landscape maintenance services is included in the Public Services Department FY 2014-15 Operating Budget. LEGAL REVIEW The City Attorney's office has reviewed and approved the attached Amendment to the Performance Services Agreement as to form. CONCLUSION The current contract with Midori Gardens, Inc. has reached the maximum term allowed in the current agreement. An amendment to the contract will allow for the completion of the formal bid process to identify the lowest responsible bid and establish a new multi-year agreement. It is anticipated the bid process will be complete and a request to award a new contract will be brought to the City Council in February 2015. STEV DUNIVENT Interim Finance Director KIMBERL WILSO Purchasing Supervisor ERNESTO NOZ Public Se es Director UCE FI RTLEY Maintenance Services Manager Attachments: 1. Amendment to the Performance Services Agreement C: Midori Gardens, Inc. 3231 South Main Street Santa Ana, CA 92707 2 ATTACHMENT #1 FOURTH AMENDMENT TO PERFORMANCE SERVICES AGREEMENT FOR LANDSCAPE AND TURF MAINTENANCE THIS FOURTH AMENDMENT, is made and entered into this November , 2014, by and between the CITY OF COSTA MESA, a California municipal corporation ("City") and MIDORI GARDENS, a California Corporation ("Contractor"). The abovementioned parties being hereinafter collectively referred to as the "Parties". Recitals A. City entered into an Agreement with Contractor on October 17, 2006, to perform landscape and turf maintenance of parks, facilities and sports fields; and B. The parties have exercised the maximum number of extensions authorized under the Agreement; and C. The term of the Agreement expired on June 30, 2014; and D. The City desires to issue a new Request for Proposals for the services currently provided by Contractor; and E. The Contractor has continued to provide services subject to the Agreement upon the understanding and agreement that the term of the Contract was extended on a month to month basis; and F. The Parties now desire to execute this written amendment to the Agreement extending the term of the Agreement so that Contractor continues to provide services under the Agreement and the City has time to issue a new Request for Proposals; and G. The Parties desire to extend the term of the Agreement herein from July 1, 2014 through February 28, 2015. NOW, THEREFORE, in consideration of the mutual terms and conditions set forth in the Agreement, the Parties hereby amend the Agreement as follows: 1. Paragraph 4.1 of the Agreement is hereby amended to extend the term of the Agreement until February 28, 2015. 2. Paragraph 2.1 of the Agreement is hereby amended to include the following: Commencing July 1, 2014, the City agrees to pay Contractor the additional amounts below unless the Agreement is sooner terminated. The amount owed shall be paid according to the schedule below and shall not exceed $296,413.36. Monthly Period _ _ Monthly Payment Amount July 1,2014 thru July 31, 2014 $37,051.67 August 1, 2014 thru August 31, 2014 $37,051.67 September 1, 2014 thru September 30, 2014 $37,051.67 October 1, 2014 thru October 31, 2014 $37,051.67 November 1, 2014 thru November 30, 2014 $37,051.67 December 1, 2014 thru December 31, 2014 $37,051.67 January 1, 2015 thru Janua 31, 2015 $37,051.67 February 1, 2015 thru February 28, 2015 $37,051.67 TOTAL $296,413.36 3. All other provisions of the Agreement shall remain in full force and effect. This Amendment with the Agreement shall be construed together and shall constitute one Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written. Customer: CITY OF COSTA MESA, A Municipal Corporation Tom Hatch, Chief Executive Officer Dated Approved as to Form: Thomas P. Duarte, City Attorney Dated Contractor: MIDORI GARDENS, A California Corporation Presid I Dated Imp Approved: (t�; Ernesto Mug , Public Services Director Dated 4 Cl T Y COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: CC -10 SUBJECT: LANDSCAPE AND TURF MAINTENANCE CONTRACT - SPECTRUMCARE LANDSCAPE DATE: NOVEMBER 7, 2014 FROM: PUBLIC SERVICES DEPARTMENT - MAINTENANCE SERVICES DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY (714) 754-5123 RECOMMENDATION 1. Approve an Amendment to the contract with SpectrumCare Landscape to extend the term from June 30, 2014 to February 28, 2015 for the landscape maintenance of parkways, medians, & fire stations in the amount of $29,560.53 per month. 2. Authorize the Chief Executive Officer and the City Clerk to execute the Amendment to the Performance Services Agreement. BACKGROUND The City Council awarded a contract to SpectrumCare Landscape at the meeting of September 19, 2006, in an annual amount of $213,192. The contract was for an initial term of five (5) years, with three optional one (1) year renewals ending in September 2011. The contract was amended on three previous occasions extending the term to June 30, 2014. The contractor is currently working on a month-to-month basis. ANALYSIS SpectrumCare Landscape has been performing satisfactorily for the duration of the contract. The previous amendments were entered into to allow time for the City to complete the Request for Proposal process during the outsourcing feasibility studies for all park and landscape maintenance services. It was anticipated that at such time as the outsourcing was implemented, the existing contract would have been terminated. With the completion of the feasibility studies and the determination to continue with a hybrid of in-house and contract services, the intention was to re -advertise the work prior to the end of the amended term. The specifications were not completed prior to June 30, 2014. The contractor has continued to provide the service on a month-to-month basis. The preparation of the specifications is currently underway. The park and landscape maintenance contract is anticipated to be advertised in November 2014 and brought to City Council in February 2015 for award. 1 ALTERNATIVES CONSIDERED The Council could extend the contract for a longer term, continuing service with the existing landscape contractor. FISCAL REVIEW The contract cost for landscape maintenance services is included in the Public Services Department FY 2014-15 Operating Budget. LEGAL REVIEW The City Attorney's office has reviewed and approved the attached Amendment to the Performance Services Agreement as to form. CONCLUSION The current contract with SpectrumCare Landscape has reached the maximum term allowed in the current agreement. An amendment to the contract will allow for the completion of the formal bid process to identify the lowest responsible bid and establish a new multi-year agreement. It is anticipated the bid process will be complete and a request to award a new contract will be brought to the City Council in February 2015. STEVE DUNIVENT Interim Finance Director KIMBERLY WILSON Purchasing Supervisor ERNESTO MUNOZ Public Service Director BRUCE HARTLEY Maintenance Services Manager Attachments: 1. Amendment to the Performance Services Aareement C: John Hall SpectrumCare 27181 Burbank Foothill Ranch, CA 92610 it ATTACHMENT #1 FOURTH AMENDMENT TO PERFORMANCE SERVICES AGREEMENT FOR LANDSCAPE AND TURF MAINTENANCE THIS FOURTH AMENDMENT, is made and entered into this November_, 2014, by and between the CITY OF COSTA MESA, a California municipal corporation ("City") and SPECTRUMCARE LANDSCAPE, a California Corporation ("Contractor"). The abovementioned parties being hereinafter collectively referred to as the "Parties". Recitals A. City entered into an Agreement with Contractor on October 17, 2006, to perform landscape and turf maintenance of parks, facilities and sports fields; and B. The parties have exercised the maximum number of extensions authorized under the Agreement; and C. The term of the Agreement expired on June 30, 2014; and D. The City desires to issue a new Request for Proposals for the services currently provided by Contractor; and E. The Contractor has continued to provide services subject to the Agreement upon the understanding and agreement that the term of the Contract was extended on a month to month basis; and F. The Parties now desire to execute this written amendment to the Agreement extending the term of the Agreement so that Contractor continues to provide services under the Agreement and the City has time to issue a new Request for Proposals; and G. The Parties desire to extend the term of the Agreement herein from July 1, 2014 through February 28, 2015. NOW, THEREFORE, in consideration of the mutual terms and conditions set forth in the Agreement, the Parties hereby amend the Agreement as follows: 1. Paragraph 4.1 of the Agreement is hereby amended to extend the term of the Agreement until February 28, 2014. 2. Paragraph 2.1 of the Agreement is hereby amended to include the following: Commencing July 1, 2014, the City agrees to pay Contractor the additional amounts below unless the Agreement is sooner terminated. The amount owed shall be paid according to the schedule below and shall not exceed $236,484.24. Monthly Period Monthly Payment Amount July 1, 2014 thru July 31, 2014 $29,560.53 August 1, 2014 thru August 31, 2014 $29,560.53 September 1, 2014 thru September 30, 2014 $29,560.53 October 1, 2014 thru October 31, 2014 $29,560.53 November 1, 2014 thru November 30, 2014 $29,560.53 December 1, 2014 thru December 31, 2014 $29,560.53 January 1, 2015 thru January 31, 2015 $29,560.53 February 1, 2015 thru February 28, 2015 $29,560.53 TOTAL $236,484.24 3. All other provisions of the Agreement shall remain in full force and effect. This Amendment with the Agreement shall be construed together and shall constitute one Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written. Customer: Contractor: CITY OF COSTA MESA, SPECTRUMCARE LANDSCAPE, A Municipal Corporation A California Corporation �bra Tom Hatch, Chief Executive Officer Pr Tent Io - 22 Dated Dated Approved as to Form: Approved: mas P. Duarte, City Attorney Dated Hublic Services Director I l •1cj• 14 A CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: CC -11 SUBJECT: MODIFICATION OF BUSINESS IMPROVEMENT AREA (BIA) TO ADD A NEW HOTEL THAT WILL BE SUBJECT TO THE BIA ASSESSMENT DATE: OCTOBER 29, 2014 FROM: CITY CEO'S OFFICE PRESENTATION BY: DANIEL K. BAKER, MANAGEMENT ANALYST FOR FURTHER INFORMATION CONTACT: Dan Baker (714) 754-5156 RECOMMENDATION: It is recommended that the City Council: APPROVE RESOLUTION NO. 14 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE FOR A PUBLIC MEETING AND A PUBLIC HEARING ON THE PROPOSAL. (Attachment 1) BACKGROUND: The California Legislature adopted the Parking in Business Improvement Area Law of 1989 (Streets and Highways Code, §36500), which enables cities to impose an assessment fee on businesses within an area designated by the city. On July 5, 1995, the City Council adopted Ordinance No. 95-9 to establish a Business Improvement Area (BIA) for the purpose of assisting the hotel and motel industry in its promotion of tourism within the city. The BIA imposed an assessment on the sale of hotel and motel overnight guest room stays. This money is used for the establishment and maintenance of a local tourism and promotion council. The Costa Mesa City Council authorized the city manager to enter into an agreement with the Costa Mesa Tourism and Promotion Council to develop and administer the BIA. In 2001, the Costa Mesa Conference & Visitor Bureau (CVB) became the administrator of the BIA. In accordance with the CVB's bylaws (Attachment 2), the CVB's Board of Directors is currently comprised of 10 general managers from the 10 participating hotels, one member of the City Council, and the City Chief Executive Officer's designee. The CVB's Board of Directors is also appointed as the Advisory Board to the City Council concerning certain matters related to the BIA pursuant to Streets & Highways Code section 36530. In June, the participating hotels requested and recommended that the BIA be modified such that the BLVD Hotel, located at 2430 Newport Blvd, be included and be subject to the BIA assessment in the manner described above (Attachment 3). The BLVD Hotel has also expressed a desire in being included in the BIA and being subject to the assessment (Attachment 4). ANALYSIS: Currently, the number of properties included in the BIA assessment levy is limited to the 10 hotels that have expressed an interest in participating in the program as detailed in the resolution of intention (Attachment 1). State law requires a very specific procedure in modifying the BIA to include an additional hotel. Within 7 days of the adoption of the resolution of intention, potentially affected hotel and motel businesses will be notified in writing of the proposed modification, public meeting, and public hearing. The resolution will also be published in the Daily Pilot prior to the public meeting of January 6, 2015, at 7 p.m., and public hearing of January 20, 2015, at 7 p.m. At the public meeting, an ordinance concerning the proposed modification will be presented to the City Council and, if the City Council is amenable, the ordinance will have its first reading at the public hearing. Affected businesses will be provided an opportunity to protest the annual assessment or address any concerns regarding the BIA at the public meeting and public hearing. The City Council will vote to adopt or deny the ordinance concerning the proposed modification, and makes the ultimate decision as to the size of and the businesses to be included in the BIA. Once the proposed modification is approved, the assessment is collected along with the city's Transient Occupancy Tax (TOT). The hotels and motels included in the BIA are required to itemize the BIA levy as a separate assessment. The CVB staff manages the day-to-day activities and provides all services to administer the BIA. ALTERNATIVES CONSIDERED: The Council may vote to deny the resolution of intention, which will prevent a public meeting and public hearing from taking place to consider the ordinance concerning the proposed modification to include the BLVD Hotel in the BIA area. FISCAL REVIEW: The annual fiscal year 2013-14 revenue for the CVB totaled approximately 2.2 million dollars. The addition of an eleventh hotel will increase revenues and allow for additional funding to promote the tourism industry in Costa Mesa. LEGAL REVIEW: Legal counsel has prepared the resolution of intention and reviewed the documents and approved as to form. CONCLUSION: Adoption of the resolution of intent is the initial step to modifying the BIA. State law mandates the specific procedure to be followed in modifying the BIA. Staff will make a presentation to the City Council on the implementation of the proposed modification at the public hearing on January 6, 2015, but the City Council must approve the proposed resolution of intention before the hearing can be scheduled to consider the proposed modification. E DANIEL K. BAKER Management Analyst THOMAS DUARTE City Attorney THOMAS R. HATCH City CEO DISTRIBUTION: Costa Mesa Conference & Visitor Bureau ATTACHMENTS: 1. Proposed Resolution of Intention 2. Bylaws of Costa Mesa Conference & Visitor Bureau 3. Letter from CVB concerning proposed modification 4. Letter from BLVD Hotel concerning proposed modification c� CITY COUNCIL AGENDA REPORT MEETING DATE: November 18, 2014 ITEM NUMBER: NB -1 SUBJECT: HOST TOWN PARTICIPATION FOR 2015 SPECIAL OLYMPICS WORLD GAMES DATE: October 29, 2014 FROM: CHIEF EXECUTIVE OFFICE PRESENTATION BY: DANIEL K. BAKER, MANAGEMENT ANALYST FOR FURTHER INFORMATION CONTACT: Dan Baker @ (714) 754-5328 RECOMMENDATION: It is recommended that the City Council provide direction to City staff regarding the City's participation as a Host Town for the 2015 Special Olympics World Games. BACKGROUND: On September 14, 2011, the Special Olympics International Board of Directors announced that the 2015 Special Olympics World Games would be held in Los Angeles from July 25 -August 2, 2015. Special Olympics is an international organization that changes lives through the power of sport by encouraging and empowering people with intellectual disabilities, promoting acceptance for all, and fostering communities of understanding and respect worldwide. Founded in 1968 by Eunice Kennedy Shriver, the Special Olympics movement has grown from a few hundred athletes to more than 3.7 million athletes in over 170 communities in all regions of the world, providing year-round sports training, athletic competition and other related programs. Special Olympics provides people with intellectual disabilities continuing opportunities to realize their potential, develop physical fitness, demonstrate courage, and experience joy and friendship. Alternating between Summer and Winter Games every two years, thousands of Special Olympics athletes worldwide come together to showcase their athletic skills and celebrate the spirit of Special Olympics. The Special Olympics World Summer Games were last held in the United States in 1999 in Raleigh, North Carolina. The most recent World Summer Games (2011) were held in Athens, Greece. The 2015 Special Olympics World Summer Games are expected to bring more than a half- million people to the greater Los Angeles area and will be held in the summer of 2015, with more than 7,000 Special Olympics athletes from 177 nations to compete in 25 Olympic -type sports. ANALYSIS: Staff received a number of inquiries from the Special Olympic organizing staff regarding the City's interest in participation with the Special Olympics "Host Towns" program. The program seeks local communities willing to provide accommodations, training facilities, and cultural/sport activities for the 7,000 international athletes and their coaches from July 21 -July 24, 2015. This period is intended to provide the athletes and coaches some time to become acclimated to the time difference and weather of Southern California, as well as give them opportunities to learn about local communities while still being a short distance from the Olympic venue. City representatives spoke with Ms. Dawn O'leary, Director -Host Town, 2015 Special Olympics World Games. Ms. O'leary provided an overview of the upcoming World Games and what the various responsibilities would be as a Host Town. Each community that agrees to be a Host Town will have approximately 100 delegates, consisting of athletes and coaches. A summary of the responsibilities are as follows: 1. Accommodations: 50 double -occupancy rooms for the athletes and coaches in or near Costa Mesa. This can include hotel rooms or college dormitories. 2. Training Facilities: Location for the athletes to practice their skills prior to the games. Facilities to include track, soccer field, and gymnasium. This can include local high schools, colleges, or City facilities. I Transportation: Host Town to provide athletes and coaches are in Costa transportation to and from Los Angeles. transportation during the four clays the Mesa. Special Olympics will coordinate 4. Food: Host Town to coordinate breakfast, lunch, and dinner for athletes and coaches during their visit to Costa Mesa. 5. Activities: Communities are asked to provide 2 two-hour events to introduce the athletes to the community, promote the Special Olympics, and provide cultural exchange opportunities. This can include a trip to the OC Fair, a visit to the South Costa Repertoire, or a BBQ hosted by the City or other community group, etc. Attached is literature provided by the Special Olympics on being a Host Town (Attachment No.1). Should Costa Mesa become a Host Town, staff will begin creating a committee and seeking involvement from the various clubs and organizations within the community. 2 Additionally, staff will set up a small press event in December where staff will invite members and athletes from the Special Olympics as well as community members to announce Costa Mesa's participation. FISCAL REVIEW: The financial impact for the City to lend its support to Costa Mesa Host Town in conjunction with the 2015 Special Olympics World Games in Los Angeles is expected to primarily be indirect costs, including staff time and other in-kind support, and possible displacement of facility rental revenue. The City could also incur additional direct costs related to marketing and hosting events. Overall, direct costs to support Costa Mesa Host Town are anticipated to be less than $20,000. If the City Council approves Costa Mesa's official support of Costa Mesa Host Town, these costs will be considered in the development of the 2015-16 proposed budget and presented to the City Council in June 2015. If Costa Mesa chooses to become a Host Town, staff will begin working with community groups to fundraise for this event and allocate appropriate funding in the Fiscal Year 2015-16 budget. In fact, the City has had informal communications with Vanguard University with regard to the use of their facilities (attachment 2). LEGAL REVIEW: No legal review is required for this item. CONCLUSION: If the City Council decides to move forward with becoming a host town, City staff will begin preparations to ensure a successful event. DANIEL K. BAKER Management Analyst ATTACHMENTS: Attachment 1 Attachment 2 Host Town Fact Sheet Letter from Vanguard 3 Cl T Y COUNCIL AGENDA REPORT MEETING DATE: November 18, 2014 ITEM NUMBER: NB -2 SUBJECT: TWO MEDICAL MARIJUANA INITIATIVE PETITIONS QUALIFYING FOR BALLOT; CONSIDERATION OF ADOPTING NEW ORDINANCE, ORDERING ELECTION OR ORDERING REPORT; CONSIDERATION OF CITY MEDICAL MARIJUANA MEASURE(S) DATE: NOVEMBER 11, 2014 FROM: CITY ATTORNEY'S OFFICE; CITY CLERK'S OFFICE PRESENTATION BY: CHRIS F. NEUMEYER, DEPUTY CITY ATTORNEY; BRENDA GREEN, CITY CLERK FOR FURTHER INFORMATION CONTACT: RICK FRANCIS, ASSISTANT CEO, 714-754-5688 RECOMMENDATION: A. It is recommended that the City Council: 1. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding: An Initiative to Allow Operation of Up to Eight Medical Marijuana (Cannabis) Businesses in the City of Costa Mesa; and 2. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding: An Initiative to Allow Operation of up to Four Licensed Medical Marijuana Businesses in City of Costa Mesa. B. Further, it is recommended that the City Council approve (for each initiative) one of the following options: 1. Adopt the ordinance (for either initiative), without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented (authorized by the Election Code, yet not recommended, see "Taxation Issues" below); or 2. Order a special election (for either initiative), to be held pursuant to subdivision (a) of Election Code § 1405 [which states that the election for a municipal initiative that qualifies shall be held not less than 88 nor more than 103 days after the date of the order of election], at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city; or 3. Order a regular election (for either initiative), to be consolidated with the next "regularly scheduled general election for members of the governing body of the local government," pursuant to Art XIII C § 2(b) of the California Constitution, which would be November 8, 2016; or 4. Order a report pursuant to Election Code § 9212 (for either initiative) at the regular meeting at which the certification of the petition is presented. 1 OPTIONAL ADDITIONAL ACTION: The City Council may consider taking action on the City Measure to Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation as proposed on August 5, 2014, or an amended version of that prior Measure. BACKGROUND: Two initiative petitions, each with the intent of authorizing the operation of medical marijuana businesses within the City of Costa Mesa, have been recently gathering signatures for placement on the local ballot. Pursuant to the Election Code, both of these initiatives have now qualified for placement on the local ballot at a special election. Elections Code § 9215 provides that an initiative petition qualifies for placement on the local ballot at a regular election if not less than 10% of the registered voters of the City have signed the petition. Elections Code § 9214 provides that an initiative petition qualifies for placement on the local ballot at a special election if not less than 15% of the registered voters of the City have signed the petition and the initiative petition itself asks for a special election. Both of the medical marijuana initiative petitions requested a special election. The number of registered voters in the City of Costa Mesa last reported by the County of Orange election official to the Secretary of State was 49,237 registered voters. Fifteen percent of this total number of registered voters is 7,385, thus being the number of verified signatures required for one of these initiative petitions to qualify for a special election. The first initiative, "Allow Operation of Up to Eight Medical Marijuana (Cannabis) Businesses in the City of Costa Mesa", was entitled by the City Attorney's Office (and named "Medical Cannabis Control Act" by its proponents) was submitted by proponents Robert Taft, Jr. and Kevin Gardner (with the counsel of attorney Randall T. Longwith) to the City Clerk's Office on September 16, 2014 with 11,080 signatures (hereinafter referred to as "Ordinance No. 1"). This initiative was promptly delivered to the Orange County Registrar of Voters for verification of the signatures. Refer to Attachment No. 1 for the full text of the proposed Ordinance No. 1. The second initiative, "Allow Operation of Up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa", was entitled by the City Attorney's Office (and named "An Initiative to Provide Revenue to Costa Mesa Citizens" by its proponents) was submitted by proponents Taylor Webster and Michael Levesque (with the counsel of attorney David Welch) to the City Clerk's Office on October 9, 2014 with 10,904 signatures (hereinafter referred to as "Ordinance No. 2"). This initiative was promptly delivered to the Orange County Registrar of Voters for verification of the signatures. Refer to Attachment No. 2 for the full text of the proposed Ordinance No. 2. The Orange County Registrar of Voters has examined the records of voter registration for the City of Costa Mesa and has determined that both of the initiative petitions have been signed by no less than fifteen percent of City of Costa Mesa registered voters. Therefore both of the initiative petitions are sufficient to be certified to the City Council. The Election Code requires the City Clerk to certify to the City Council any initiative petition which qualifies for an election. (Elections Code §§ 9211, 9114). Refer to Attachments Nos. 3 & 4 for Certifications. ANALYSIS: Pursuant to Elections Code § 9214, ["Duty of legislative body regarding initiative petition signed by certain percent of voters with request to submit ordinance to vote at special election"] if an initiative petition is signed by not less than 15 percent of the registered voters of a city, and contains a request that the ordinance be submitted immediately to a vote of the people at a special election, the legislative body shall do one of the following: a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or b) Immediately order a special election, to be held pursuant to subdivision (a) of Section1405 [which states that the election for a municipal initiative that qualifies shall be held not less than 88 nor more than 103 days after the date of the order of election], at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city; or c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). Elections Code § 9212 ["Referral of proposed initiative measure to city agency for report"] provides that the City Council may refer the proposed initiative measure to any city agency or agencies for a report on any matter the City Council requests to be in the report, including but not limited to: 1. Its fiscal impact; and/or 2. Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code; and/or 3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs; and/or 4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses; and/or 5. Its impact on the community's ability to attract and retain business and employment; and/or 6. Its impact on the uses of vacant parcels of land; and/or 7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. The report(s) shall be presented to the City Council no later than 30 days after the elections official certifies to the legislative body the sufficiency of the initiative petitions. Because the November 18, 2014 meeting is when certification of the initiative petitions will occur, any reports requested shall be returned to the City Council no later than December 18, 2014. 3 Given the upcoming schedule of regular City Council meetings, the reports would need to be returned at the December 2, 2014 meeting. At the subsequent City Council meeting when the report(s) are presented, the City Council shall then pursuant to Elections Code § 9214 either, as previously stated, adopt the ordinances or order a special election. BRIEF SUMMARY OF TWO PROPOSED ORDINANCES The two initiative petitions differ in the details on how they each propose to authorize and regulate medical marijuana businesses within the City of Costa Mesa. Some key differences to note include: 1. Amendment — Although both measures cannot be repealed except by another vote of the electorate, Ordinance No. 1 furthermore cannot be amended at all except by a vote of the electorate, whereas Ordinance No. 2 allows amendment by the City Council to further the purposes of the ordinance. 2. Application Fees — Ordinance No. 1 caps application fees for cost recovery at $500, whereas Ordinance No. 2 allows the City Council to pass a fee resolution for cost recovery. 3. Permits — Ordinance No. 1 requires only a business license, whereas Ordinance No. 2 requires in addition to a business license both a separate dispensary permit as well as operator permits. 4. Minimum Number of Dispensaries — Ordinance No. 1 authorizes a minimum of eight dispensaries, whereas Ordinance No. 2 authorizes a minimum of four dispensaries. 5. See attached matrix (Attachment No. 5) that further compares Ordinances No. 1 and 2 along with a proposed City Medical Marijuana Ordinance, previously considered by the City Council on August 5, 2014. TAXATION ISSUES Both of the initiative petitions include new taxes. Ordinance No. 1 and Ordinance No. 2 each propose a six percent tax on medical marijuana businesses. Ordinance No. 1 proposes a sales tax of one percent "on the sale of all other tangible personal property at retail." Presently the City already has a one percent local sales tax. Raising the local sales tax above one percent likely will lead to sales tax collection issues with the Board of Equalization, which will not collect a locally mandated sales tax above one percent. Other issues may present themselves with collection of these taxes. Significant and atypical election issues also present themselves because of the proposed tax increases. The California Constitution in Art XIII C § 2(b), as amended by Proposition 218 in 1996, provides in full that "No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body." (Emphasis added). 12 1. Voter Approval for New General Taxes As required by the California Constitution in Art XIII C § 2(b), new general taxes imposed by a local government must be approved by the voters. (The tax measures in the two initiatives are general taxes and are not special taxes.) Even if the City Council were to adopt one of the ordinances (which normally is an option under Elections Code § 9214 when an initiative petition qualifies for a special election), there would remain the matter of voter approval of the new general taxes being imposed. California law in Elections Code § 9214 also prohibits the City Council from altering an ordinance proposed by initiative petition. Thus, the City Council may not split up the proposed ordinances by adopting the non -tax provisions and then separately sending just the tax provisions to the voters. Government Code section 53723 (added by Proposition 62 in 1986) further provides in full that "No local government, or district, whether or not authorized to levy a property tax, may impose any general tax unless and until such general tax is submitted to the electorate of the local government, or district and approved by a majority vote of the voters voting in an election on the issue." 2. Regular Election (Not Special Election) for Voter Approval for New General Taxes As referenced above, Art XIII C § 2(b) of the California Constitution provides that an election on general tax increases "shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body." Thus, new general taxes imposed by a local government which are to be sent to the voters, should not be presented at a special election, unless the City Council unanimously declares a fiscal emergency. Rather, new general taxes imposed by a local government should be presented to the voters at "a regularly scheduled general election for members of the governing body of the local government." The next such election which meets those conditions is November 8, 2016. ELECTION DATES Elections Code § 1405, pursuant to Election Code § 9214, provides that the election for a municipal initiative that qualifies for a special election shall be held not less than 88 nor more than 103 days after the date of the order of election. Thus, if the City Council orders a special election at the November 18, 2014 meeting, then the window during which a special election would need to be held is between February 14, 2015 and March 1, 2015. If the City Council requests reports from City agencies/departments on the ordinances, the reports would need to be returned at the only regularly scheduled City Council meeting for the month of December, being December 2, 2014. If the City Council orders a special election at the December 2, 2014 meeting, then the window during which a special election would need to be held is between February 28, 2015 and March 14, 2015 5 If the City Council orders pursuant to the California Constitution in Art XIII C § 2(b), as amended by Proposition 218 in 1996, that the initiative petitions be sent to the voters at the next "regularly scheduled general election for members of the governing body of the local government," then the election would be held on November 8, 2016. OPTIONAL ADDITIONAL ACTION TO CONSIDER: At the August 5, 2014 City Council meeting consideration was given to submitting to the voters a Measure to Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation ("Measure") which would add a new Chapter VI to Title 9. At the October 21, 2014 City Council meeting the City Attorney's Office received direction to bring back the proposed City's Medical Marijuana Ordinance for the City Council to address for review and possible revisions. Please refer to attachments for the language of the proposed Chapter VI (Attachment No. 6), an outline of the proposed Chapter VI (Attachment No. 7), and a chart (Attachment No. 5) which compares the proposed City's Ordinance (also referred to as Ordinance No. 3) with the two citizen -backed ordinances. Election Code section 9222 ["Proposition for repeal, amendment, or enactment of ordinance; Time of election"] provides that the City Council may submit to the voters without a petition, a proposition for the enactment of any ordinance, to be voted upon at any succeeding regular or special city election; and, that the election shall be held not less than 88 days after the date of the order of election. The City Council by resolution may thus place a competing medical marijuana ballot measure before the voters at the same election when the two citizen initiative measures are to be considered by the voters. Election Code section 9221 ["Conflicting provisions in two or more ordinances"] provides in full that "[i]f the provisions of two or more ordinances adopted at the same election conflict, the ordinance receiving the highest number of affirmative votes shall control." Both of the citizen initiative petitions also provide that if two or more competing medical marijuana measures are approved by the voters, then only the measure with the greatest number of affirmative votes shall become the new law. Thus, if the City places its own medical marijuana measure on the ballot with the two citizen backed measures, the one receiving the most votes (if more than one passes) shall become the local law (the City should also place a similar "only one measure wins" section in any City backed measure). At the outset, it must be noted that the anticipated passage of SB 1262 (which would have imposed statewide regulations related to health and safety, oversight, security and local control) has failed to materialize. On August 14, 2014 the Assembly Appropriations Committee failed to pass SB 1262, effectively killing the bill for this year. In January there may or may not be a resurrection of SB 1262. Significant differences between the proposed City's Ordinance and the two citizen -backed ordinances include the following requirements in the proposed City's Ordinance not contained in the other two: A 1. Security. Requires 24/7 security camera tapes which are accessible to law enforcement and the City. 2. Record keeping. Requires maintenance of a substantially greater amount of records detailing the operation (business, transaction, delivery, employee, etc.) 3. Priority to Old Businesses. Does not provide priority registration to old businesses. 4. Inspections. City CEO authorized to conduct reasonable inspections. 5. Taxes. Does not propose new taxes. 6. On -Site Recommendations. Does not allow on-site recommendations. 7. Employee Training. Required. 8. Limit Sales to Medical Marijuana Related Items. Yes. 9. Non -Concentration of Stores. No. The following are significant issues that may warrant further discussion concerning details in the City Medical Marijuana Ordinance based upon comments at the August 5, 2014 City Council meeting: 1. Number of dispensaries. No limit to the number of dispensaries. 2. Hours/Days of Operations. 7:00 am to 10:00 p.m. any day of the week. Section 9-500(q) 3. City Office of Cultivation Standards and Qualify Control. New optional City department created to conduct regular inspection of cultivation practices and procedures, as well as to test medical marijuana. Section 9-501 4. Sunset Clause. Does not contain one (though allows amendment by Council to further purposes). 5. Background checks. Felonies substantially related to qualifications, functions or duties of an employee of a medical marijuana business (such as felony conviction for distribution of controlled substances, money laundering, racketeering, etc.). Section 9- 500(d) (ii) 6. Security Guards. Prohibited from carrying firearms. Section 9-500(a)(i) 7. Non -Concentration of Stores. No restrictions on locating near other dispensaries. 8. Labeling. Does not require warning about not operating heavy machinery. 9. Smoking restrictions. Prohibited within 20 feet of dispensary. Section 9-500(r) 10. Liability Insurance. $1 million general policy minimum. Section 9-500(u) 11. Fire Sprinklers. Does not have requirements specific to medical marijuana industry. 12. Edibles. Products requiring refrigeration or hot -holding shall not be manufactured for sale or distribution at dispensary. Section 9-500(m)(i) 7 FISCAL REVIEW: The fiscal impact of placing the two medical marijuana initiatives on the ballot is multifold. There are the costs of a special election (or consolidation with a general election, see "Taxation Issues" in this Report) as well as the cost of implementing the proposed ordinances. Furthermore, there is the potential revenue generated by the taxes in each ordinance. 1. Estimated special election costs to the City of Costa Mesa are as follows: a. Stand Alone Special Election for One Ballot Measure: $234,067 - $261,790. b. Stand Alone Special Election for Up to Four Ballot Measures: $252,980 - $280,703. c. Consolidated General Election for One Ballot Measure: $15,000. d. Consolidated General Election for Up to Four Ballot Measures: $15,000 - $60,000. 2. At present the estimated costs of implementing either of the ordinances is indeterminate. LEGAL REVIEW: The City Attorney's office has prepared this report with its legal analysis, and the City Attorney's Office has reviewed the attached resolutions. RECOMMENDATIONS FOR OPTIONAL ADDITIONAL ACTION: It is recommended in regards to the proposed City Medical Marijuana Ordinance previously considered by the City Council: 1. Order the City Medical Marijuana Ordinance be sent to the voters at the same election at which the two initiative petitions are sent to the voters, with accompanying resolutions calling for written arguments, rebuttals and the drafting by the City Attorney's Office of an impartial analysis; or 2. Provide direction to the City Attorney's Office for revisions to the proposed City Medical Marijuana Ordinance to be brought back to the City Council; or 3. Take no action on the proposed City Medical Marijuana Ordinance. THOMAS P. DUARTE BRENDA GREEN City Attorney City Clerk RICK FRANCIS Assistant CEO ATTACHMENTS: refer to List RESOLUTION NO. 14 -XX ATTACH M ENT 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONDUCT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON , 2015 WHEREAS, the City Council of the City of Costa Mesa has called a Special Municipal Election to be held on , 2015, for the purpose of submitting to the voters of the City of Costa Mesa questions relating to the adoption of proposed ordinances; and WHEREAS, given the expertise and experience of the Elections Department of the County of Orange, it is desirable that this Special Municipal Election be conducted by the County within the City of Costa Mesa, in precincts, polling places and with election officers utilized by the County's Elections Department, and that the County Election's Department also canvass the returns of the Special Municipal Election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby respectfully requests that the Board of Supervisors of the County of Orange consent and agree to conduct a Special Municipal Election to be held on , 2015, for the purpose of submitting proposed ordinances to the voters of the City of Costa Mesa through measures to appear on the ballot as follows: 1 Measure _: Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical --mar_ij.uana.___b.usiness.es__with: --- six_-.p-ercent--ta.x--_o.n_-..medical- .-------Yes.._._.---._._-.----- marijuana; one percent tax on other products; exemption from permits; regulations not subject to change by City Council except for increasing businesses; precedence to No prior businesses; and locations limited to commercial and industrial areas, be adopted? Resolution No. 14 -XX Page 1 43 K Measure `: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana; required industry specific licenses; required operator permits; regulations subject to change by City Council including increasing businesses; precedence to prior No businesses; and locations limited to commercial and industrial areas, be adopted? Measure _: Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation Response Vote Shall the ordinance, to allow general operation of medical marijuana businesses with: required dispensary permits; Yes required cultivator permits; requirement to allow City inspections; mandatory security cameras; requirement to maintain business records; City Office of Cultivation No Standards and Quality Control; regulations subject to amendment by City Council; and locations limited to commercial and industrial areas, be adopted? SECTION -2-.-- - - a -- e - ounty-Election's___Departmerit is requesfed and --authorized to canvass the returns of the Special Municipal Election. That only one form of ballot be used in such special election. SECTION 3. The Board of Supervisors is requested to issue instructions to the County Election's Department to take any and all steps necessary for the holding and canvassing of such special election. SECTION 4. That in all particulars not recited in this resolution, said election shall be held and conducted in accordance with the provisions of law regulating special elections and the holding of municipal elections. SECTION 5, That the City of Costa Mesa recognizes that costs will be incurred by the County by reason of such special election and the City Council hereby agrees to reimburse the County for any and all such costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election's Department of the County of Orange. Resolution No. 14 -XX Page 2 SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 18th day of November, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 RESOLUTION NO, 14 -XX ATTACHMENT 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON , 2015, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Costa Mesa, California, signed by fifteen percent (15%) of the number of registered voters of the city to submit a proposed ordinance entitled: Allow Operation of up to Eight Medical Marijuana Businesses in City of Costa Mesa; and WHEREAS, the City Clerk has caused to be examined, through the office of the Orange County Registrar, the records of registration and is in receipt of that certain "Certificate as to Verification of Signatures on Petition," from the Orange County Registrar, has examined such certificate and has accepted as true and correct the findings contained therein and, thereby, ascertained that the petition is signed by the requisite number of voters; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance, and is required by law to submit the same to the voters of the City of Costa Mesa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth 'in full. SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on a Special Municipal Election for the purpose of submitting the following proposed ordinance: Measure _: Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical marijuana businesses with: six percent tax on medical Yes marijuana; one percent tax on other products; exemption from permits; regulations not subject to change by City Council except for increasing businesses; precedence to No prior businesses; and locations limited to commercial and industrial areas, be adopted? SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached. Resolution No. 14 -XX Page 1 SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That the Orange County Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. SECTION 8. That in all particulars not recited in this resolution, said election shall be held and conducted in accordance with the provisions of law regulating special elections and the holding of municipal elections. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election, in the time, form, and manner required by law. SECTION 10. The Costa Mesa City Council hereby requests that the Orange County Registrar of Voters conduct all necessary services related to the Costa Mesa Special Municipal Election. Pursuant to Elections Code Section 10002, the Finance Director, or his/her designee, is hereby authorized to reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. SECTION 11. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 18Th day of November, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk APPROVED AS TO FORM: Thomas Duarte, City Attorney Resolution No. 14 -XX Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 ATTACHMENT 10 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED MEASURE ENTITLED ALLOW OPERATION OF UP TO EIGHT MEDICAL MARIJUANA BUSINESSES IN THE CITY OF COSTA MESA; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MEASURE AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Costa Mesa, California, on , at which there will be submitted to the voters the following measure: Measure —: Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical marijuana businesses with: six percent tax on medical Yes marijuana; one percent tax on other products; exemption from permits; regulations not subject to change by City Council except for increasing businesses; precedence to prior No businesses; and locations limited to commercial and industrial areas, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council affirms for measures placed on the ballot by petition, the persons filing an initiative petition, pursuant to Elections Code 9282(a) may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. SECTION 2. That the City Council authorizes ALL members of the City Council to file (a) written argument(s) In Favor of or Against Measure as specified above not exceeding 300 words, accompanied by the printed names(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. SECTION 3. The arguments may be changed orwithdrawn until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Resolution No, 14 -XX Page 1 of 3 SECTION 4. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the authors will be asked to witness a random drawing by a designee of the city elections official to determine which argument will be published. SECTION 5. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. The City Attorney shall prepare an impartial analysis of the proposed Ordinance not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney Resolution No. 14 -XX Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roil call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 of 3 Attachment 1 FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following farm statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa Mesa to be held on hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Iffirz Print Name Title Print Name Title Print Name Title Print Name Title Editor's Notes: Signature Date Signature Date Signature Date Signature Date Signature Date All Authors must print his/her name and sign this form (EC 9500) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure _" or "Argument Against Measure _" Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _" Resolution No, 14 -XX I- it ATTACHMENT 11 RESOLUTION NO. 14 - XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR PROPOSED MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, §9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a proposed measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. __--_-A__r_ebuttal-argur-hent-ma-y-not be-igned-by rtmore-than-five-author-s.--If-more than-------- five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Resolution No. 14 -XX Page 1 SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on , and shall then be repealed. SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City --------------Council--of-the-City--of Co-st-a-Me-sa-at a-regul-ar--meeting--held-on--the--18-rh-day-of----------- November, 2014, by the following roil call vote, to wit: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seas of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 Attachment 1 FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa Mesa to be held on , hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Title Print Name Title Print Name Title Print Name Title Print Name -Title--- Editor's Notes: Signature. Date Signature. Date Signature_ Date Signature_ Date Signature_ All Authors must print his/her name and sign this „form, (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure —" or "Argument Against Measure _" Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _" Resolution No. 14 -XX Page 3 RESOLUTION NO. 14 -XX ATTACHMENT 12 II' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON , 2015, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Costa Mesa, California, signed by fifteen percent (15%) of the number of registered voters of the city to submit a proposed ordinance entitled: Allow Operation Of Up To Four Licensed Medical Marijuana Businesses In City of Costa Mesa; WHEREAS, the City Clerk has caused to be examined, through the office of the Orange County Registrar, the records of registration and is in receipt of that certain "Certificate as to Verification of Signatures on Petition," from the Orange County Registrar, has examined such certificate and has accepted as true and correct the findings contained therein and, thereby, ascertained that the petition is signed by the requisite number of voters; and WHEREAS, the City Council has not voted in favor of the adoption of the proposed ordinance, and is required by law to submit the same to the voters of the City of Costa Mesa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth in full. SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on a Special Municipal Election for the purpose of submitting the following proposed ordinance: Measure _: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana; required industry specific licenses; required operator permits; regulations subject to change by City Council including increasing businesses; precedence to prior No businesses; and locations limited to commercial and industrial areas, be adopted? SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached. Resolution No. 14 -XX Page 1 SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 8. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That the Orange County Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. SECTION 8. That in all particulars not recited in this resolution, said election shall be held and conducted in accordance with the provisions of law regulating special elections and the holding of municipal elections. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election, in the time, form, and manner required by law. SECTION 10. The Costa Mesa City Council hereby requests that the Orange County Registrar of Voters conduct all necessary services related to the Costa Mesa Special Municipal Election. Pursuant to Elections Code Section 10002, the Finance Director, or his/her designee, is-hiereby authorized --to -'reimburse the Coun-y-for the ac ud cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. SECTION 11. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 18t" day of November, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney Resolution No, 14 -XX Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 ATTACHMENT 13 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO ALLOW OPERATION OF UP TO FOUR LICENSED MEDICAL MARIJUANA BUSINESSES IN THE CITY OF COSTA MESA; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MEASURE AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Costa Mesa, California, on , at which there will be submitted to the voters the following measure: Measure _: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana; required industry specific licenses; required operator permits; regulations subject to change by City No Council including increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council affirms for measures placed on the ballot by petition, the persons filing an initiative petition, pursuant to Elections Code 9282(a) may file a written argument in favor of the ordinance, and the legislative body may submit an argurrien against the ordinance. -- - SECTION 2. That the City Council authorizes ALL members of the City Council to file (a) written argument(s) In Favor of or Against City Measure as specified above not exceeding 300 words, accompanied by the printed names(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. SECTION 3. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Resolution No. 14 -XX Page 1 of 3 SECTION 4. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the authors will be asked to witness a random drawing by a designee of the city elections official to determine which argument will be published. SECTION 5. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. The City Attorney shall prepare an impartial analysis of the proposed Ordinance not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk APPROVED AS TO FORM: Thomas Duarte, City Attorney Resolution No. 14 -XX Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 of 3 Attachment 1 FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primarylrebuttal) argument (in favor of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa Mesa to be held on , hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature. Title Date Print Name Signature Title Date Editor's Notes: Ail Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9.283) AND Print his/her name and siqn the Rebuttal Argument „itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure —" or "Argument Against Measure _" Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure —" or "Rebuttal to Argument Against Measure ". Resolution No. 14. -XX i ATTACHMENT 14 RESOLUTION NO. 14 - XX A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF COSTA IVIE.SA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR PROPOSED MEASURES SUBMITTED AT IVIUNICIPAL ELECTIONS WHEREAS, §9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for measures submitted at municipal elections. NOW, THEREF=ORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 92.85 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a proposed measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. _.. _ ,.. _ _.-------_.._ r_e u'lta argument rnay.r�ot_be sig��ed-by more than-five--�uti�ors: lf-r��or`e than_, . five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. The rebuttal arguments shali be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accornpanied by the f=orm of Statement To Be Filed 3y Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by Rebuttai arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Resolution No, 14 -XX Page 1 SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on , and shall then be repealed, SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City _ Councilo __ `ie City o Costa Mesa a.. a i egulai' meeting held on the 18ti; day of November, 2014, by the following roll cal! vote, to wit: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19tH day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 Attachment 1 'ORM OF STATEMENT TO BE FILED BY AUTH'ORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or auth0r(s) of the (primarylrebuttal) argument (in favor of/against) bailot proposition (name or number) at the Special Municipal election for the City of Costa Mesa to be held on hereby state that the argument is true and correct to the best of (his/her/their) Knowledge and belief. Print Name Signature Title Date Print Flame Signature Title Date Print Name _ Signature Title nate Print Name Title Print Name Title Editor's Notes; Signature Date _ _„_Signature Date All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign th�ment iiscif (EC 9283) AND Print his/her name and sign fhe l�ebuttai Arqurnent itself {EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be fitted either "Argument In Favor Of Measure _" or "Argument Against Measure Likewise, printed rebuttal arguments subn-iitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In f=avor 01 Measure " or "rebuttal to Argument Against Measure " Resolution No. 14. -XX Page 3 ATTACH M ENT 151 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA CALLING AND GIVING NOTICE FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON , 2015 ORDERING THE SUBMISSION TO THE VOTERS OF THE CITY OF COSTA MESA, CALIFORNIA A MEASURE RELATING TO A PROPOSED ORDINANCE TO ESTABLISH REGULATION OF MEDICAL MARIJUANA DISPENSARIES AND REGULATION OF MEDICAL MARIJUANA CULTIVATION WHEREAS, in 1996 the California voters approved Proposition 215 (known as the Compassionate Use Act (the "CUA") and codified as Health and Safety Code Section 11362.5 et seq.) to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and WHEREAS, in 2003 the California legislature enacted Senate Bill 420 (known as the Medical Marijuana Program Act (the "MMPA") and codified as Health and Safety Code Section 11362.7 et seq.), as later amended, to clarify the scope of the Compassionate Use Act relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2005 the California Board of Equalization began issuing seller's permits for sales consisting only of medical marijuana; and WHEREAS, in 2008 the California Attorney General issued guidelines for the security and non -diversion of marijuana grown for medical use; and WHEREAS, in 2014 the U.S. House of Representatives voted to stop federal law enforcement from interfering with medical marijuana operations in the various states which- ave-dec-riminalized andlor authorized such operations; and WHEREAS, Health & Safety Code Section 11362.83 provides that cities are free to adopt and enforce local ordinances that regulate the location, operation, or establishment of medical marijuana dispensaries and cultivation; and WHEREAS, the City Council of the City of Costa Mesa intends that nothing in this Ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law; and WHEREAS, the City Council of the City of Costa Mesa intends that nothing in this Ordinance shall be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, to allow the use of marijuana for non-medical purposes, or to allow any activity relating to the cultivation, distribution or consumption of marijuana that is otherwise illegal; and WHEREAS, the operation of medical marijuana dispensaries and the cultivation of medical marijuana within the City of Costa Mesa presently remains prohibited and unregulated; and Resolution No. 14 -XX Page 1 of 4 WHEREAS, the City Council of the City of Costa Mesa finds that medical marijuana operations and cultivation require careful consideration, as does the regulation of the location and manner in which dispensaries operate and cultivation occurs, so as to prevent negative impacts on nearby residents and businesses; and WHEREAS, the City Council of the City of Costa Mesa finds that the City of Costa Mesa has a compelling interest in protecting the public health, safety and welfare of its residents and businesses by regulating the location and operation of medical marijuana dispensaries and medical marijuana cultivation, in preserving the peace and quiet of the neighborhoods in which medical marijuana dispensaries operate and medical marijuana is cultivated, and in providing compassionate access to medical marijuana to its seriously ill residents; and WHEREAS, the California Constitution grants local governments in Article XI, Section 7 the authority under their police powers to regulate land use; and WHEREAS, the proposed ordinance has been reviewed by City staff in accordance with the Environmental Checklist Form (Appendix G of the CEQA Guidelines) to determine if there would be any possibility that the proposed ordinance would have the possibility of creating any environmental impacts, and City staff has determined that the establishment of regulations for medical marijuana businesses does not meet any of the thresholds contained in the Checklist that would trigger an environmental impact, and thus according to the "general rule exemption" (Section 15061 (b)(3)) of the CEQA Guidelines, projects which have no potential for causing a significant effect on the environment are not subject to CEQA, no further environmental analysis is required, and a notice of exemption will be filed; WHEREAS, the City Council desires to submit to the voters of the City, AT A Special Municipal Election to be held on proposed Ordinance No. 14 -XX to establish regulation of medical marijuana dispensaries and regulation of medical marijuana cultivation; WHEREAS, the City Council is authorized by the law of the State of California to submit the proposed ordinance to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth in full. Resolution No. 14 -XX Page 2 of 4 SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on a Special Municipal Election for the purpose of submitting the following proposed ordinance: Measure—: Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation Response Vote Shall the ordinance, to allow general operation of medical marijuana businesses with: required dispensary permits; Yes required cultivator permits; requirement to allow City inspections; mandatory security cameras; requirement to No maintain business records; City Office of Cultivation Standards and Quality Control; regulations subject to amendment by City Council; and locations limited to commercial and industrial areas, be adopted? SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached, being Ordinance No. 14 -XX. SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That the Orange County Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. SECTION 8. The ballot measure shall not take effect, unless and until the ballot measure receives the approval of a majority of the votes cast by the voters of the City voting upon the ballot measure at the special municipal election. SECTION 9. That in all particulars not recited in this resolution, the election will be held and conducted in accordance with the provisions of law regulating special elections and the holding of municipal elections. Resolution No. 14 -XX Page 3 of 4 SECTION 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON November 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) i, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: ._.COUNCIL -MEMBER -S:._... _... . NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 1N WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 4 of 4 ATTACHMENT 16 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE WHICH WOULD ESTABLISH REGULATION OF MEDICAL MARIJUANA DISPENSARIES AND REGULATION OF MEDICAL MARIJUANA CULTIVATION IN THE CITY OF COSTA MESA; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MEASURE AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Costa Mesa, California, on , at which there will be submitted to the voters the following measure, Measure—: Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation Response Vote Shall the ordinance, to allow general operation of medical marijuana businesses with: required dispensary permits; Yes required cultivator permits; requirement to allow City inspections; mandatory security cameras; requirement to No maintain business records; City Office of Cultivation Standards and Quality Control; regulations subject to amendment by City Council; and locations limited to commercial and industrial areas, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: -- -- -- ........... .._. SECTION 1. That the City Council authorizes ALL members of the City Council to file (a) written argument(s) In Favor of or Against City Measure as specified above not exceeding 300 words, accompanied by the printed names(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. SECTION 2. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the authors will be asked to witness a random drawing by a designee of the city elections official to determine which argument will be published. Resolution No. 14 -XX Page 1 of 2 SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure . If you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) -COUNTY -O­P-ORANGE ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18TH day of November, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014, BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 of 2 Attachment 1 FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa Mesa to be held on hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Title Print Name Title Print Name Title Print Name Title Signature Date Signature, Date Signature. Date Signature_ Date Print Name Signature Title Date E=ditor's Notes: All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument „itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shalt be titled either "Argument In Favor Of Measure _" or "Argument Against Measure _" Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _" Resolution No. 14 -XX ATTACH M ENT 17 RESOLUTION NO. 14 - XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR PROPOSED MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, §9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS - SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a proposed measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. --re -utta I _argum-erit- may- not--b-e signed -by more -than five authors:- -If-more than _ five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Resolution No. 14 -XX Page 1 SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on and shall then be repealed. SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa, SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014, James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of -the City of --Costa Mesa --ata regular meeting held on the 18tfi day of November, 2014, by the following roll call vote, to wit: AYES: I1I1367c[.911 ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19' day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 Attachment 1 FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (prlmary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa Mesa to be held on hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Title Signature Date Print Name Signature Title Date Print Name Signature. Title r),+ - Print Name Signature Title Date Print Name Title Editor's Notes: _Signature Date All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and si n the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Ar ument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be tided either "Argument In Favor Of Measure or "Argument Against Measure ". Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 snail be titled either "Rebuttal To Argument in Favor Of Measure _" or `Rebuttal to Argument Against Measure ". Resolution No. 14 -XX Page 3 ATTACHMENT 18 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 8, 2016 for the purpose of submitting proposed ordinances to the voters of the City of Costa Mesa for their consideration; and WHEREAS, the City Council of the City of Costa Mesa is submitting to the voters of the City of Costa Mesa questions relating to the adoption of proposed ordinances; and WHEREAS, it is desirable that the general municipal election be consolidated with the Statewide General election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the Registrar of Voters of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: ------- ---------SECTION 1 That pursuant-to--the--requirements-of-Section 10403-of--the-Elections-Code!-the- - Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2016, for the purpose of submitting to the voters of the City of Costa Mesa questions relating to the adoption of proposed ordinances. Resolution No. 14 -XX Page 1 SECTION 2. That the following measures are to appear on the ballot as follows: Measure _: Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical marijuana businesses with: six percent tax on medical Yes marijuana; one percent tax on other products; exemption from permits; regulations not subject to change by City No Council except for increasing businesses; precedence to No prior businesses; and locations limited to commercial and industrial areas, be adopted? 2 Measure _: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana,- required industry specific licenses; required operator permits; regulations subject to change by City No Council including increasing businesses; precedence to No prior businesses; and locations limited to commercial and industrial areas, be adopted? ... ..... ..... Measure —: Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation Response Vote Shall the ordinance, to allow general operation of medical marijuana businesses with: required dispensary permits; Yes required cultivator permits; requirement to allow City inspections; mandatory security cameras; requirement to No maintain business records; City Office of Cultivation Standards and Quality Control; regulations subject to amendment by City Council; and locations limited to commercial and industrial areas, be adopted? Resolution No. 14 -XX Page 2 SECTION 3. That the County of Orange Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary to hold the consolidated election. SECTION 5. That the City of Costa Mesa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and county election department of the County of Orange. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 18th day of November, 2014, James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14. -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 RESOLUTION NO. 14 -XX A17ACH M ENT 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED MEASURE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Costa Mesa, California, signed by fifteen percent (15%) of the number of registered voters of the city to submit a proposed ordinance entitled: Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa; and WHEREAS, the City Clerk has caused to be examined, through -the office of the Orange County Registrar, the records of registration and is in receipt of that certain "Certificate as to Verification of Signatures on Petition," from the Orange County Registrar, has examined such certificate and has accepted as true and correct the findings contained therein and, thereby, ascertained that the petition is signed by the requisite number of voters; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance, and is required by law to submit the same to the voters of the City of Costa Mesa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth in full. SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on November 8, 2016 a General Municipal Election for the purpose of submitting the following proposed ordinance: Measure —: Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical marijuana businesses with: six percent tax on medical Yes marijuana; one percent tax on other products; exemption from permits, regulations not subject to change by City Council except for increasing businesses; precedence to No prior businesses; and locations limited to commercial and industrial areas, be adopted? SECTION 3, That the proposed complete text of the ordinance submitted to the voters is attached. Resolution No. 14 -XX Page 1 SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That the Orange County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. SECTION 8. That in all particulars not recited in this resolution, said election shall be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election, in the time, form, and manner required by law. SECTION 10. The Costa Mesa City Council hereby requests that the Orange County Registrar of Voters conduct all necessary services related to the Costa Mesa General Municipal Election. Pursuant to Elections Code Section 10002, the Finance Director, or his/her designee, is hereby authorized to reimburse the County for the actual cost incurred in conducting the ................. e ection -upon-receipt-of a bill stating the -amount due as-dotermined by the elections -official.- - SECTION 11. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 18th day of November, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk APPROVED AS TO FORM: Thomas Duarte, City Attorney Resolution No. 14 -XX Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the Following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the sea[ of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 ATTACHMENT 20 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO ALLOW OPERATION OF UP TO EIGHT MEDICAL MARIJUANA BUSINESSES IN THE CITY OF COSTA MESA; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MEASURE AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Costa Mesa, California, on November 8, 2016, at which there will be submitted to the voters the following proposed measure: Measure _. Allow Operation of up to Eight Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical marijuana businesses with: six percent tax on medical Yes marijuana; one percent tax on other products; exemption from permits; regulations not subject to change by City Council except for increasing businesses; precedence to prior No businesses; and locations limited to commercial and industrial areas, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council affirms for measures placed on the ballot by petition, the persons filing an initiative petition, pursuant to Flections Code 9282(x) may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. SECTION 2. That the City Council authorizes ALL members of the City Council to file (a) written argument(s) In Favor of or Against Measure as specified above not exceeding 300 words, accompanied by the printed names(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 3. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. SECTION 4. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the authors will be asked to witness a random drawing by a designee of the city elections official to determine which argument will be published. Resolution No. 14 -XX Page 1 of 2 SECTION 5. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure . If you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST. Brenda Green, City Clerk COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 of 2 2014 California Municipal Elections Handbook ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: Forms The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on , 2 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Editor's Notes: All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure —" or "Argument Against Measure". Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _". § 9600, E.C. (Revised 10/09) Give this form to Council Members, Proponents, and Opponents of Measures Statement of Authors of Arguments F - A - 1 Martin & Chapman Co. www.martiiichapmari.coni (10/16/2013) Forms Page 8 - F ATTACHMENT 21 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions for the filing of rebuttal arguments for measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. If more than five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. - The -rebuttal arguments- shall--be-filed-with the Gity-Clerk, signedl -with-the- printed - name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2016 and shall then be repealed. Resolution No. 14 -XX Page 1 of 2 SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON November 18, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: - AYES:.. COUNCIL--. MEMBERS; NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 191h Day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 of 2 2014 California Municipal Elections Handbook ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: Forms The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on , 2 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature 4 Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Editor's Notes: All Authors must print his/her name and sign _this _form (EC 9600) AND Print his/her name and sign the Argument itself, (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure _" or "Argument Against Measure Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure —" or "Rebuttal to Argument Against Measure _". § 9600, E.C. (Revised 10/09) Give this form to Council Members, Proponents, and Opponents of Measures Statement of Authors of Arguments F - A - 1 Martin & Chapman Co. www.martinchapman.com (10/16/2013) Forms Page 8 - F RESOLUTION NO. 14 -XX ATTACHMENT 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE THE CITY COUNCIL OF THE CITY OF COSTA MESA HERESY RESOLVES AS FOLLOWS: WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Costa Mesa, California, signed by fifteen percent (15%) of the number of registered voters of the city to submit a proposed ordinance entitled: Allow Operation Of Up To Four Licensed Medical Marijuana Businesses In City of Costa Mesa; WHEREAS, the City Clerk has caused to be examined, through the office of the Orange County Registrar, the records of registration and is in receipt of that certain "Certificate as to Verification of Signatures on Petition," from the Orange County Registrar, has examined such certificate and has accepted as true and correct the findings contained therein and, thereby, ascertained that the petition is signed by the requisite number of voters; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance, and is required by law to submit the same to the voters of the City of Costa Mesa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth in full. SECTION 2. That pursuant to the requirements of the laws ofFthe State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on November 8, 2016 a General Municipal Election for the purpose of submitting the following proposed ordinance: Measure —: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana; required industry specific licenses; required operator permits; regulations subject to change by City No Council including increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas, be adopted? SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached. Resolution No. 14 -XX Page 1 SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That the Orange County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. SECTION 8. That in all particulars not recited in this resolution, said election shall be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election, in the time, form, and manner required by law. SECTION 10. The Costa Mesa City Council hereby requests that the Orange County Registrar of Voters conduct all necessary services related to the Costa Mesa General Municipal Election. Pursuant to Elections Code Section 10002, the Finance Director, or his/her designee, is hereby authorized to reimburse the County for the actual cost incurred in conducting the e lection upon receipt --of a bill -stating the amount due as determined by the elections official. SECTION 11. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 18th day of November, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney Resolution No. 14 -XX Page 2 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF COSTA MESA } I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 ATTACHMENT 23 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED MEASURE TO ALLOW OPERATION OF UP TO FOUR LICENSED MEDICAL MARIJUANA BUSINESSES IN THE CITY OF COSTA MESA; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MEASURE AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Costa Mesa, California, on Tuesday, November 8, 2018, at which there will be submitted to the voters the following measure: Measure _: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana; required industry specific licenses; required operator permits; regulations subject to change by City No Council including increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council affirms for measures placed on the ballot by petition, the persons filing an initiative petition, pursuant to Elections Code 9282(a) may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. SECTION 2. That the City Council authorizes ALL members of the City Council to file (a) written argument(s) In Favor of or Against Measure as specified above not exceeding 300 words, accompanied by the printed names(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 3. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. SECTION 4. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the authors will be asked to witness a Resolution No. 14 -XX Page 1 of 3 random drawing by a designee of the city elections official to determine which argument will be published. SECTION 5. That the City Council directs the City Clerk to transmit a copy of the proposed ordinance to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda reen, City .. er . - .. - . - on-mas.. Duarte, City Attorney - Resolution No. 14 -XX Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seas of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 of 3 ATTACHMENT 24 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 9288 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions for the filing of rebuttal arguments for measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS; SECTION 1. That pursuant to Section 9288 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. If more than five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. - e_reb-uttal- arguments shall -be--filed- with- the -City Clerk, signed, witfl the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2016 and shall then be repealed. Resolution No. 14 -XX Page 1 of 2 SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON November 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18t" day of November, 2014, by the following roll call vote, to wit: -AYES: -COUNCIL- MEMBERS: - NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, 1 have hereby set my hand and affixed the seal of the City of Costa Mesa this 1 gth Day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 of 2 2014 California Municipal Elections Handbook ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: Forms The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on 2 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Editor's Notes: All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and -sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument „itself (EC 9265) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shali be titled either "Argument In Favor Of Measure _" or "Argument Against Measure _". Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _". § 9600, E.C. (Revised 10/09) Give this form to Council Members, Proponents, and Opponents of Measures Statement of Authors of Arguments F - A - 1 Martin & Chapman Co. www.m2rlin0hapME10.00m {10/1 G/2013} Forms ATTACHMENT 25 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA ORDERING THE SUBMISSION TO THE VOTERS OF THE CITY OF COSTA MESA, CALIFORNIA A MEASURE RELATING TO A PROPOSED ORDINANCE TO ESTABLISH REGULATION OF MEDICAL MARIJUANA DISPENSARIES AND REGULATION OF MEDICAL MARIJUANA CULTIVATION WHEREAS, in 1996 the California voters approved Proposition 215 (known as the Compassionate Use Act (the "CUA") and codified as Health and Safety Code Section 11362.5 et seq.) to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for medical purposes; and WHEREAS, in 2003 the California legislature enacted Senate Bill 420 (known as the Medical Marijuana Program Act (the "MMPA") and codified as Health and Safety Code Section 11362.7 et seq.), as later amended, to clarify the scope of the Compassionate Use Act relating to the possession and cultivation of marijuana for medical purpose, and to authorize local governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2005 the California Board of Equalization began issuing seller's permits for sales consisting only of medical marijuana; and WHEREAS, in 2008 the California Attorney General issued guidelines for the security and non -diversion of marijuana grown for medical use; and WHEREAS, in 2014 the U.S. House of Representatives voted to stop federal law enforcement from interfering with medical marijuana operations in the various states which have decriminalized and/or authorized such operations, and - - - WHEREAS-, Health &-Safety-Code-Section-11-362.83--p-rovides-that-cities-are-fre-e to adopt and enforce local ordinances that regulate the location, operation, or establishment of medical marijuana dispensaries and cultivation; and WHEREAS, the City Council of the City of Costa Mesa intends that nothing in this Ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law; and WHEREAS, the City Council of the City of Costa Mesa intends that nothing in this Ordinance shall be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, to allow the use of marijuana for non-medical purposes, or to allow any activity relating to the cultivation, distribution or consumption of marijuana that is otherwise illegal; and WHEREAS, the operation of medical marijuana dispensaries and the cultivation of medical marijuana within the City of Costa Mesa presently remains prohibited and unregulated; and WHEREAS, the City Council of the City of Costa Mesa finds that medical marijuana operations and cultivation require careful consideration, as does the Resolution No. 14 -XX Page 1 of 4 regulation of the location and manner in which dispensaries operate and cultivation occurs, so as to prevent negative impacts on nearby residents and businesses; and WHEREAS, the City Council of the City of Costa Mesa finds that the City of Costa Mesa has a compelling interest in protecting the public health, safety and welfare of its residents and businesses by regulating the location and operation of medical marijuana dispensaries and medical marijuana cultivation, in preserving the peace and quiet of the neighborhoods in which medical marijuana dispensaries operate and medical marijuana is cultivated, and in providing compassionate access to medical marijuana to its seriously ill residents; and WHEREAS, the California Constitution grants local governments in Article XI, Section 7 the authority under their police powers to regulate land use; and WHEREAS, the proposed ordinance has been reviewed by City staff in accordance with the Environmental Checklist Form (Appendix G of the CEQA Guidelines) to determine if there would be any possibility that the proposed ordinance would have the possibility of creating any environmental impacts, and City staff has determined that the establishment of regulations for medical marijuana businesses does not meet any of the thresholds contained in the Checklist that would trigger an environmental impact, and thus according to the "general rule exemption" (Section 15061(b)(3)) of the CEQA Guidelines, projects which have no potential for causing a significant effect on the environment are not subject to CEQA, no further environmental analysis is required, and a notice of exemption will be filed; WHEREAS, the City Council desires to submit to the voters of the City, at a General Municipal Election to be held on November 8, 2016 proposed Ordinance No. 14 - XX to establish regulation of medical marijuana dispensaries and regulation of medical marijuana cultivation; WHEREAS, the City Council is authorized by the law of the State of California to -submit the -proposed -ordinance -to -the voters NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Resolution No. 14 -XX Page 2 of 4 SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth in full. SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on November 8, 2016, a General Municipal Election for the purpose of submitting the following proposed ordinance: Measure _: Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation Response Vote Shall the ordinance, to allow general operation of medical marijuana businesses with: required dispensary permits; Yes required cultivator permits; requirement to allow City inspections; mandatory security cameras; requirement to No maintain business records; City Office of Cultivation Standards and Quality Control; regulations subject to amendment by City Council; and locations limited to commercial and industrial areas, be adopted? SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached, being Ordinance No. 14 -XX. SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to U6 -o nd inate With - r e oun y o - range egistrar o Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That the Orange County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. SECTION 8. The ballot measure shall not take effect, unless and until the ballot measure receives the approval of a majority of the votes cast by the voters of the City voting upon the ballot measure at the November 8, 2016 general municipal election. SECTION 9. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law and in accordance with the provisions of law regulating the statewide election. Resolution No. 14 -XX Page 3 of 4 SECTION 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON November 18, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss CITY OF COSTA MESA } APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: ....._.AYES... _- COUNCIL. MEMBERS.... _ .. NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 4 of 4 ATTACHMENT 26 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE RELATING TO A PROPOSED ORDINANCE TO ESTABLISH REGULATION OF MEDICAL MARIJUANA DISPENSARIES AND REGULATION OF MEDICAL MARIJUANA CULTIVATION; AND, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE SAME CITY MEASURE WHEREAS, a General Municipal Election is to be held in the City of Costa Mesa, California, on November 8, 2016 at which there will be submitted to the voters the following measure: Measure _: Establish Regulation of Medical Marijuana Dispensaries and Regulation of Medical Marijuana Cultivation Response Vote Shall the ordinance, to allow general operation of medical marijuana businesses with: required dispensary permits; Yes required cultivator permits; requirement to allow City inspections; mandatory security cameras; requirement to No maintain business records; City Office of Cultivation Standards and Quality Control; regulations subject to amendment by City Council; and locations limited to commercial and industrial areas, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1__ That the City Council authorizes ALL members of the City Council to file written arguments in Favor of or Against City measures not exceeding 300 words, accompanied by the printed names and signatures of the authors submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measures may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. SECTION 2. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the authors will be asked to witness a random drawing by a designee of the city elections official to determine which argument will be published. Resolution No. 14 -XX Page 1 of 3 SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measures to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. The City Attorney shall prepare an impartial analysis of a City measure which relates to a proposed ordinance to establish regulation of medical marijuana dispensaries and medical marijuana cultivation, not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the proposed Ordinance is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure , if you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. The impartial analysis for the measure shall be filed with the City Clerk by 5:00 p,m. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON November 18, 2014. James M. Righeimer, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney Resolution No. 14 -XX Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the18 th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 3 of 3 2014 California Municipal Elections Handbook ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS Alf arguments concerning measures filed pursuant to Divisior 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: Forms The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor cf/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on 2 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature ....Title- _._ _ .._ - - - e Editor's Notes: All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Ar ument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure _" or "Argument Against Measure " Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument in Favor Of Measure " or "Rebuttal to Argument Against Measure Give this form to Council Members, Proponents, and Opponents of Measures § 9600, E.C. (Revised 10/09) Martin & Ci1ahiiien Co. `.`�4'V`1,I�1:11'�Illi..,ll,'.I�fl l:.ln_Ciliil i 1 V;'I i. r7� 1 S'i1 Statement of Authors of Arguments F - A - 1 ATTACHMENT 27 RESOLUTION NO. 14 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions for the filing of rebuttal arguments for measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDERAS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. If more than five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. e re u a argumen s _sha_ be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2016 and shall then be repealed. Resolution No. 14 -XX Page 1 of 2 SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON November 18, 2014. James M. Righeimer, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA } APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14 -XX was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES.- -- ..COUNCIL -MEMBERS:. NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th Day of November, 2014. BRENDA GREEN, CITY CLERK Resolution No. 14 -XX Page 2 of 2 2014 California Municipal Elections Handbook ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the fallowing form statement to be signed by each proponent, and by each author, if different, of the argument: Forms The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on , 2 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date..__._.. _...._. Editor's Notes: All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself, (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Flection Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure or "Argument Against Measure Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure". Give this form to Council Members, Proponents, and Opponents of Measures § 9600, E.C. Statement of Authors of Arguments (Revised 10/09) F - A - 1 Martin & C}Iapman Co. www.Fnartinchapman.coin (10/16120 1 3} FOURS Cl T Y COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: OB -1 SUBJECT: SECOND READING OF AN ORDINANCE ESTABLISHING A SENIOR COMMISSION DATE: NOVEMBER 10, 2014 FROM: PARKS AND COMMUNITY SERVICES DEPARTMENT PRESENTATION BY: TRAVIS KARLEN, RECREATION MANAGER FOR FURTHER INFORMATION CONTACT RECOMMENDATION: TRAVIS KARLEN, RECREATION MANAGER 714-754-5052 Staff recommends that the City Council give second reading to Ordinance No. 14 -XX, to be read by title only, and waive further reading to establish a Senior Commission that would serve as an advisory commission to the City Council in matters related to the operation of the Costa Mesa Senior Center. BACKGROUND: At the Special City Council Meeting on June 10, 2014 the City Council invoked a 90 day termination of contract with the Costa Mesa Senior Corporation who operated the Costa Mesa Senior Center. The corporation was governed by a Board of Directors. On September 8, 2014 the City assumed full operation of the Costa Mesa Senior Center. Staff was directed to establish a Senior Commission which would report to the City Council. The Senior Center Program Administrator will act as the City Liaison to the Commission. ANALYSIS: The ultimate adoption of the proposed ordinance will establish a Senior Commission that will serve as an advisory commission to the City Council. The Commission will consider matters referred by the City Council, hold public hearings, hold regular public meetings, make recommendations to staff, solicit partnerships with other senior organizations and represent the senior aged population of Costa Mesa. The Commission will select a chair and vice chair annually at their first meeting in July of each year. Meetings will be held every other month at Costa Mesa Senior Center on the second Tuesday of the month. The Commission will be made up of five (5) members appointed by the City Council and one more than half of the Commission shall constitute a quorum. A secretary will be designated by the Recreation Manager. The secretary shall record the minutes of the meeting and maintain records. 1 Members of the commission will be compensated through a stipend of $100 per meeting. The annual budget for this commission would not to exceed $4,000. ALTERNATIVES CONSIDERED: 1. City Council may choose to change or add language to the proposed ordinance. 2. City Council could choose to establish an advisory committee in lieu of a commission or not have a commission or a committee and refer all matters through the Parks and Recreation Commission. FISCAL REVIEW: The cost to establish a Senior Commission for the remainder of FY 14-15 is $1,500. This will be absorbed in the current Parks and Community Services Department budget. The $4,000 annual cost of the commission will be included in the budget for future years. LEGAL REVIEW: The City Attorney's Office has reviewed the agenda report and prepared the attached proposed Ordinance. CONCLUSION: Staff recommends that the City Council approve the establishment of a senior commission through the adoption of the ordinance. Staff also recommends that City Council authorize a $100.00 per meeting stipend for Commissioners. TRAVIS M. KARLEN Recreation Manager STEVEN G. DUNIVENT Interim Finance Director ATTACHMENTS: Ordinance No. 14 -XX 1 TAMARA S. LETOURNEAU Assistant Chief Executive Officer Cl T Y COUNCIL A GENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: PH -1 SUBJECT: ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM DATE: NOVEMBER 6, 2014 FROM: PUBLIC SERVICES DEPARTMENT/TRANSPORTATION SERVICES DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES MANAGER - (714) 754-5032 RECOMMENDATION: Adopt the Resolution (Attachment 1) to approve the recommendations by the Traffic Impact Fee Ad Hoc Committee and staff as follows: 1. Continue the current traffic impact fee of $181 per Average Daily Trip (ADT); 2. Continue the incentive program for new developments by assessing traffic impact fees on an incremental basis for the first 100 trips; and 3. Approve the annual accounting of the Citywide Traffic Impact Fee Program. BACKGROUND: Pursuant to California Government Code Section 66000 et seq., and the Costa Mesa Municipal Code, a traffic impact fee study is required by the City to establish a basis for the imposition of Citywide traffic impact fees on new and expanding developments within the City. The purpose of the fee is to fund the necessary transportation/circulation improvements which are related directly to the incremental traffic impacts imposed on the City's transportation system by the development of new and/or changing commercial, industrial, and residential uses as permitted by the General Plan. The fee also maintains compliance with the eligibility requirements of the Orange County Transportation Authority's (OCTA) Measure "M" Program (Measure "M"). The City Council has reviewed the Citywide Traffic Impact Fee Program each year since the fee program was first adopted in 1993. The City Council, in July 1993, also approved the formation of an Ad Hoc Committee consisting of representatives from various stakeholder groups to work with staff on all aspects related to the revision and updating of traffic impact fees. The City Council subsequently appointed an Ad Hoc Committee consisting of members representing large and small developers, the Chamber of Commerce, citizens -at -large, as well as members representing the City Council and the Planning Commission, to assist staff in the development and review of the traffic impact fee. The current Ad Hoc Committee members and their representation are as follows: Mayor James Righeimer Colin McCarthy Ed Fawcett George Sakioka Kerry Smith Teresa McQueen Walter Davenport City Council Liaison Planning Commission Representative Chamber of Commerce Major Developers' Representative Small Developers' Representative At -Large - Representing Costa Mesa Residents At -Large - Representing Costa Mesa Residents In January 1999, the City Council approved a recommendation by the Traffic Impact Fee Ad Hoc Committee to establish an incentive program for all new residential, commercial, and industrial developments in Costa Mesa. The incentive was based upon the assessment of traffic impact fees on an incremental basis for the first 100 trips generated by new developments. The last major update of the Traffic Impact Fee Study was completed in September 2005. The update took into account the most recent land use and circulation information contained in the 2002 General Plan update and subsequent amendments. Several variations of improvement options were considered, and it was determined that trip fees in the range of $164 per ADT through $300 per ADT could be justified. On September 20, 2005, the City Council adopted Resolution 05-70, approving a traffic impact fee of $181 per Average Daily Trip (ADT). The City Council also approved the continuation of the incentive program for new developments. The traffic impact fee calculation was re -visited again in 2011, resulting in the update of the improvement costs using the most recent data as well as accounting for several completed improvements (Attachment 2). The net effect of the changes yielded a revised calculation of traffic impact fees of $184 per ADT. However, the traffic impact fee of $181 was continued by the City Council due to low development activity as a result of ongoing economic conditions, as well as the schedule of projects in the Capital Improvement Program (CIP). A chronology of actions taken by the City Council on the Citywide Traffic Impact Fee Program between the years of 1993 and 2013 is included in Attachment 3. ANALYSIS: The City Council, in June 2012, authorized a comprehensive review of the City's General Plan, including the Land Use and Circulation Elements. As part of this effort, the traffic impact fee program will undergo significant review early next year. In consideration of this, a majority of Traffic Impact Fee Ad Hoc Committee members recommended the continuation of the current traffic impact fee of $181 per Average Daily Trip (ADT) and the continuation of the incentive program for the first 100 trips. The City will initiate meetings with the Traffic Impact Fee Ad Hoc Committee early next year following completion of the updated traffic model and a preliminary review of future transportation conditions with updated land use information. Incentive Program: The incentive program for the first 100 trips of development applies to all developments throughout the City. Several residential developments and smaller commercial developments have benefited from this incentive program. Therefore, the Traffic Impact Fee Ad Hoc Committee has recommended continuation of this program. The maximum amount of discount awarded to any one project is $12,075. Based on development projects approved over the past several years, staff has estimated that on an annual basis, this incentive has saved the development 2 community approximately $75,000. Over the past three (3) years, this amount was substantially lower due to a significant slow -down in development activity. Staff requests City Council's approval to continue offering this incentive program for new development. Annual Accounting of the Traffic Impact Fee: California Government Code Section 66001(d) requires an annual review, findings, and accounting of the Citywide Traffic Impact Fee Program. Attachment 4 depicts the opening balance, the ending balance on June 30, 2014, interest earned, revenues, expenditures, and unexpended funds from the Citywide Traffic Impact Fee Account. This attachment also shows that there are no funds unexpended or uncommitted in the account five (5) or more years after deposit and that no administrative costs have been charged to the fee account. As required by the Government Code, the updated Capital Improvement Plan (CIP) is contained in the Fiscal Year 2014-15 adopted budget and remains valid for the current traffic impact fee review. The traffic impact fee account information, including the interest earned, shown in Attachment 4, is available for public review. Staff requests City Council's approval of the annual accounting of the Citywide Traffic Impact Fee Program. ALTERNATIVES CONSIDERED: The City Council has the option to choose a traffic impact fee rate anywhere in the range of $164 per ADT to $300 per ADT, based on the most recent update of the traffic impact fee analysis. An additional alternative is to not have a Citywide Traffic Impact Fee Program at all. This alternative, however, would make the City ineligible to receive funds from any of the competitive grant programs processed through the Orange County Transportation Authority's Combined Transportation Funding Programs. The City Council also has the option of modifying or suspending the incentive program for new developments. FISCAL REVIEW: The traffic impact fees fund only a portion of the required Citywide improvements, and alternative funding sources such as Measure `M,' federal funds, and other City funds may be needed to fully fund the transportation improvements as required in the City's General Plan Circulation Element. The continuation of incentives for new development projects would result in a decrease in traffic impact fee revenues than would otherwise be received. The total amount of incentives in any given year would be difficult to estimate. However, based on development projects approved over the past several years, staff has estimated that on an annual basis the total amount of incentives would be approximately $75,000. Given that the proposed incentive program may be effective until the next annual update, and the unlikelihood that new development projects will trigger the need for circulation improvements based on existing traffic conditions, it is not necessary to identify an alternate funding source at this time. The "incentive" shortfall will be added to the City -funded portion. If the incentive program is made permanent in the future, further analysis may be necessary to identify a funding source, other than Measure 'M' funds, to complete circulation improvements attributed to new development projects. LEGAL REVIEW: The City Attorney's Office has reviewed and approved the Resolution (Attachment 1) for establishing the City's traffic impact fee and continuing the incentive program for all new developments in Costa Mesa by assessment of traffic impact fees on an incremental basis. CONCLUSION: The Citywide Traffic Impact Fee Program estimated in 2005 was updated in 2011 based on the most recent cost information and accounting for completed projects, as well as considering the 3 available balance in the Traffic Impact Fee Account. As the City has recently initiated a comprehensive update of Land Use and Circulation Elements of the General Plan, the Traffic Impact Fee Ad Hoc Committee recommended that the current traffic impact fee of $181 per ADT and the incentive program for new developments be continued. Staff recommends City Council's approval of the Traffic Impact Fee Ad Hoc Committee's recommendation. RAJA SETHURAMAN Transportation Services Manager ERNESTO MUNOZ Public Services Director STEPHEN DUNIVENT Interim Finance Director ATTACHMENTS: 1 - Traffic Impact Fee Resolution 2- Revised Traffic Impact Fee Calculation 3- Chronology of City Council Actions 4- Traffic Impact Fee Accounting Summai DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Development Services Director City Clerk Division Staff File M Cl T Y COUNCIL A GENDA REPORT MEETING DATE: NOVEMBER 18, 2014 ITEM NUMBER: PH -2 SUBJECT: PLANNING APPLICATION PA -14-11 FOR A 393 -UNIT MIDRISE RESIDENTIAL DEVELOPMENT (SYMPHONY APARTMENTS) AT 585 AND 595 ANTON BOULEVARD AND PARK MITIGATION AGREEMENT FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER DATE: NOVEMBER 7, 2014 FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610 Minoo.ashabi@costamesaca.gov RECOMMENDATIONS The following actions are recommended: 1) Adopt resolution to approve the Addendum to the Final Program EIR No. 1052 and Final Master Plan PA -14-11 pursuant to the Planning Commission's recommendation: Final Master Plan PA -14-11 for development of a 393 -unit mid -rise residential development including: • Demolition of two restaurant buildings (17,529 square feet) and 373 surface parking spaces; • Construction of two midrise residential buildings consisting of 393 apartment units connected with a pedestrian bridge, a maximum building height of 75 feet, six stories high above grade (66 feet average, 75 feet at the lobby) with one subterranean level parking. A total of 731 parking spaces (699 standard, 15 tandem and 17 compact spaces) will be provided to accommodate the residential units and the 4,104 square feet of retail at ground level (722 spaces required). The project includes multiple on-site amenities such as three outdoor decks, two pools and spas, and fitness rooms; • Deviation from the perimeter open space setback requirement along Anton Boulevard (20 feet required, 7 feet proposed) and Avenue of the Arts (20 feet required, 8'6" proposed); • Administrative Adjustment to allow encroachment of upper levels of buildings and balconies (Level 3 and above) in the perimeter open space setback requirement (20 feet required, 12 feet proposed); and, • Encroachment into 25 -foot Landscape and Sidewalk Easement along Anton Boulevard frontage (7 -foot landscaped setback proposed, 20 -foot setback provided to building on the ground floor containing stoops and landscape walls). 2) Adopt resolution to approve "Park Mitigation Agreement" between the applicant and City of Costa Mesa to fund future parkland related improvements or acquisitions. PLANNING APPLICATION SUMMARY Location: 585 and 595 Anton Blvd. Application PA -14-11 Request: Development of 393 apartment units in two midrise buildings and three levels of parking on a site previously approved with high rise towers (484 units and 6,000 SF of ancillary retail) SUBJECT PROPERTY: Zone: PDC General Plan: Urban Center Commercial Lot Dimensions: Lot Area: 4.84 -acre Existing Development: SURROUNDING PROPERTY: North: The Lakes shopping center South: Metro Center office complex irregular East: Commercial development West: Commercial and office development The site is developed with two vacant restaurant buildings and 373 parking spaces DEVELOPMENT STANDARD COMPARISON Development Standard Zoning Code or NCMSP Proposed/Provided Requirement Density - NCMSP 100 du/acre 484 units 81 du/acre 393 units Lot Size One acre 4.86 -acre Buildings Perimeter Open Space 20' abutting Public ROW 7 feet on Anton Blvd. 8'6" on Avenue of the Arts Open Space 42% Ground Level: 61,436 (29%) Amenity deck: 75,497 35% Private Open Space 100 SF 80 -140 SF Setbacks Front Anton Blvd. 20 feet 7 feet 2 Side Avenue of the Arts 20 feet 8'6" 2 Interior Property Line None Building Height 306 feet AGL 66 feet AGL for buildings and 75 feet for entry lobby One level subterranean parkin Parking: Tenant Parking 1.5 per unit - 590 710 (total residential parking) Guest Parking 0.5 per unit for 1St 50 units 0.25 for over 50 111 710 (total residential parking) Commercial Parking 4/1000 (retail) 5/1000 (bank) 2/1000 ancilla retail 4,037 SF retail 21 spaces Total 722 max. 731 Patios and balconies Same as building setbacks Buildings and balconies encroach 8 feet into the perimeter setback 3 GP -06-02 — site specific density of 100 du/acre in Urban Center Commercial 2 Subject to approval by Planning Commission for encroachment of patios and stoops 3 Subject to approval of an Administrative Adjustment (see staff report) CEQA Status Addendum to Final Program EIR NO. 1052 Final Action City Council BACKGROUND On October 13, 2014, the Planning Commission held a public hearing and on a 4-0 vote (Commissioner Dickson recused himself) recommended approval of the addendum and the final master plan for development of the 393 -unit project. This is the alternative development option for this site. A previous entitlement was granted in 2008 for a 484 - unit high-rise development at this site, which was also considered by the Planning Commission at the same hearing. Note: Because a parkland impact fee is not applied to an apartment project without a subdivision map, the Planning Commission deferred the consideration of the Park Mitigation Agreement to the City Council to determine an appropriate park impact fee, as applicable, subject to the Council's discretion. In 2006, a Final Environmental Impact Report (FEIR) was prepared for five high rise projects in North Costa Mesa Specific Plan. FEIR No. 1052 (SCH#2006011077) for the North Costa Mesa High Rise Projects was certified by City Council on November 21, 2006. The approval included an overruling of Airport Land Use Commission (ALUC) decision that the projects were inconsistent with the Airport Environs Land Use Plan. Following the certification, in January 2007, City Council approved five master plans for high-rise development in North Costa Mesa including a master plan for development of Symphony Towers at 585 and 595 Anton Boulevard. Final Master Plan PA -07-18 and Vesting Tentative Tract Map VT -17207 were approved by the Planning Commission on October 8, 2007. The entitlement included demolition of two existing restaurants (17,529 SF) and conversion of an unbuilt 300 -room hotel entitlement to facilitate the construction of 484 residential condominiums two towers (26 - story and 16 -story), two six level parking structures containing 1040 parking stalls and 6,000 square feet of ancillary retail at ground floor. A two year time extension was granted on October 13, 2014 that extended the entitlement to October 8, 2016. A three-story off-site parking structure (531 Anton Boulevard) was also processed subsequent to the high rise proposal to provide a portion of the parking spaces that would be removed with development of the residential towers. Since the off-site parking requirement is a condition of approval of PA -07-18, a two-year extension was also granted for this entitlement on October 13, 2014. Master Plan Requirement The Zoning Code requires approval of a "final master plan" prior to development of a Planned Development Zone. The primary distinction is that a "preliminary" master plan establishes the building envelope (i.e. location, density, building height, etc.), while a "final" master plan provides specific details regarding the site plan, floor plans, elevations, landscaping, architecture, on-site amenities, parking supply, circulation plan, etc. The final master plan review allows consideration of the structures' scale, site planning, landscaping and appearance, with the goal of promoting design excellence while giving consideration to the project's compatibility with existing uses and consistent with the North Costa Mesa Specific Plan. The Table below compares the currently proposed project to the previously approved entitlement. Comparison Table of Previously -Approved Symphony Towers and Proposed Symphony Apartments ANAI YSIS Final Master Plan PA -14-11 The project site at 585 and 595 Anton Boulevard is currently developed with two restaurant buildings that have been vacant in the past few years and 373 spaces of surface parking. The site is to the north of an office complex with three towers and four parking structures and a 24-hour fitness center. A diagonal utility easement also runs through the site that is currently paved and landscaped, which provides a pedestrian access from the office complexes to Anton Boulevard. The proposal will remove all existing structures and surface parking areas for a new development with parking structures and a total of 393 residential units. The proposed units are contained in two buildings over a three-level parking structure (two levels above ground) and 28 ground floor lofts units at the perimeter of the parking structure along the Anton Boulevard frontage and the entry plaza. A replacement parking structure (Final Symphony Towers• • Apartments HighRise Buildings.R • • Density 100 du/acre 81 du/acre 484 units 383 units Maximum AM Peak Hour Trip 227 trips 209 trips Budget Maximum PM Peak Hour Trip 290 trips 272 trips Budget Perimeter Open Space Minimum 16 feet ft. 12.3 ft. (Anton Blvd. - not including patios) 8.7 ft. (Avenue of the Arts - not including og run Open Space Ground Level: 56,564 SF (27%) Ground Level: 61,436 SF (29%) Amenity Deck: 63,442 SF 30% Amenity Deck: 75,497 SF 35% Private Open Space 100 SF 80-140 SF Front Setback (Anton Blvd.) Minimum 16 ft. 12 ft. (upper levels and balconies) 20 ft. ground level Side Setback (Avenue of Arts) 18 ft. 24 ft. to bldg. 8.7 ft. do run fencing) Parking 1,025 spaces 710 spaces (residential) Ratio: approx. 1.8 /unit Ratio: approx. 1.5/ unit plus guest parking Plus guest parking Retail Space 6,000 SF 4,037 SF Parking 24 spaces 21 spaces retail Total 1,050 spaces 731 s aces Building Height 172' tower one 74 ft. at lobby 272' tower two 66 ft. buildings Stories 26 and 16 stories 6 stories ANAI YSIS Final Master Plan PA -14-11 The project site at 585 and 595 Anton Boulevard is currently developed with two restaurant buildings that have been vacant in the past few years and 373 spaces of surface parking. The site is to the north of an office complex with three towers and four parking structures and a 24-hour fitness center. A diagonal utility easement also runs through the site that is currently paved and landscaped, which provides a pedestrian access from the office complexes to Anton Boulevard. The proposal will remove all existing structures and surface parking areas for a new development with parking structures and a total of 393 residential units. The proposed units are contained in two buildings over a three-level parking structure (two levels above ground) and 28 ground floor lofts units at the perimeter of the parking structure along the Anton Boulevard frontage and the entry plaza. A replacement parking structure (Final Master Plan PA -07-29 for Structure B) is required to be built to serve the commercial uses at South Coast Metro Center. Site and Building Design Main access to the site is provided from Anton Boulevard. The main entrance provides access for visitors of the leasing office and patrons of the retail space as well as current residents. Residents also have a secondary access from Avenue of the Arts that leads directly to the parking structure. The 28 lofts units are located at the Anton Boulevard frontage to provide a pedestrian -friendly environment and engage the community as an active area within the entry plaza. These units can be accessed from the interior of the parking structure as well as from Anton Boulevard with raised patios and stoops. Typical stoops are eight feet in depth and separated from the public sidewalk by a low planter wall, landscaping and a few porch steps. The applicant is proposing ground floor amenities in front of the retail space and opposite of the entrance and an entry plaza with seating areas and landscaping that will be open to the public. Other private amenities such as pools, spas, exercise room, and club house are provided on Level 3 of the structures. These spaces are connected with a pedestrian bridge that also provides a focal point for the project from Anton Boulevard. The applicant is proposing two bicycle storage areas at the opposite corners of the building on the northwest and southeast and a dog wash and dog run area along The Avenue of the Arts frontage. The dog run is proposed to be contained by a four -foot high fence and separated from the sidewalk with a landscape planter buffer. All units are provided with a private balcony that range in size from 80 to 140 SF. The balconies face either the perimeter streets or the interior courtyards and pool grounds. Site Open Space The project includes 61,436 square feet of open space on the ground floor (29 percent) and 75,497 square feet of open space on the upper levels. North Costa Mesa Specific Plan allows inclusion of open space in upper levels in the overall calculations. In comparisons with the original approval, 16,927 square feet (2%) of additional open space will be provided. Floor Plans The project in general provides 154 two bedroom units and 239 one bedroom units. The units range in size from 750 to 1,392 square feet. The loft units are 794 square feet of living space contained in two levels that include volume ceilings and a master bedroom and bath on the upper level. The proposal does not contain any 3 -bedroom (or larger) units. Elevations Massing of the two buildings are broken by off -sets in the elevations and incorporation of balconies in the building design. A variety of materials is proposed such as stone veneer, metal panels, ceramic tile cladding and a combination of metal and glass railing for the balconies. The pedestrian bridge and the entry plaza are focal points of the project that will be inviting to the pedestrian as well as passerby traffic. Parking The project is subject to the parking requirements as set forth in the North Costa Mesa Specific Plan. Three levels of parking is provided including a subterranean level and two levels above grade for a total of 731 spaces. Because of the parking design radius and visibility issues, the overall number includes a small percentage of tandem and compact spaces. However, the project in general provides 14 excess parking spaces with use of ground floor retail. Proposed Parking 383 -unit MidRise Development with Ancillary Retail * Total parking includes 15 tandem parking spaces and 17 compact parking spaces. Parking Structure B With the development of the office complex and the restaurants a private parking agreement allowed joint use of the 373 surface parking spaces at 585 and 595 Anton Boulevard developed with the restaurants. The approval for the Symphony Towers included a condition that a parking structure (Structure B) be built prior to the final certificate of occupancy for the second tower. Following the entitlement for the towers, on January 14, 2008 a separate planning application was approved for construction of a three-level parking structure with 342 parking spaces at the southeast corner of the site (531 Anton Boulevard) next to the parking structure for 555 Anton Boulevard. A two- year time extension for this entitlements was approved under separate application. The applicant is still under the obligation with the adjacent property owner (RREEF) to provide the additional parking spaces. The private agreement may be revised to provide the additional spaces atop of an existing parking structure or as originally approved. This will be considered under a separate action by the Planning Commission. Modification to 25 -foot Public Easement In 1984, the City recorded a 25 -foot "Landscape and Sidewalk" easement along the Anton Avenue right-of-way. This easement is separate from the zoning requirement for the perimeter open space noted earlier. The applicant has requested to modify this easement from 25 feet to 7 feet. This request is to accommodate the lofts at the perimeter of the project with patios and stoops taking direct access from the Anton Avenue sidewalk, in addition to the building upper levels (Level 3 and above) with units and balconies at 12 feet to the property line. The attached Planning Commission resolution states that the Planning Commission's authority is limited to making a recommendation on the modification of the easement. Any reduction to this existing landscape easement requires final action by the City Council. A condition of approval requires that prior to obtaining a grading permit for the project, the applicant must submit and process the easement modification/quitclaim application through the Public Services Department. Comparison of Landscape Easements along Anton Boulevard Description Proposed Project / Symphony 25 -foot easement southside of Pending request for modification Apartments Anton Boulevard to 7 -foot easement Irvine Apartment Communities, 25 -foot easement northside of Approved a 20 -foot easement Enclave Apts. Anton Boulevard 580 Anton Boulevard 25 -foot easement northside of Approved a 20 -foot easement 250 -unit midrise Anton Boulevard Perimeter Open Space The Planned Development Commercial (PDC) and North Costa Mesa Specific Plan establishes the development standards for this project. The project site is subject to a 20 - foot minimum perimeter open space setback on Avenue of the Arts and Anton Boulevard frontage. No setback is required from the interior driveways. Anton Boulevard Perimeter Open Space • Building setbacks — The upper levels (level 3 and above) of the buildings will include units and balconies encroaching a maximum of eight feet into this setback. No encroachment is proposed on the ground level. The minimum setback from the edge of the upper building and balconies will be at 12 feet to the property line along this frontage. • Patios and Stoops — The proposed site design provide a minimum 7 -foot setback from the public sidewalk on Anton Boulevard to the face of the landscape wall leading to the raised patios. Avenue of the Arts Perimeter Open Space • The proposed perimeter setback along Avenue of the Arts is more than 24 feet; however, the proposed dog run encroaches 15 feet into this setback with a metal barrier. With the proposed configuration an eight -foot planter separates the dog park from the sidewalk that will provide for landscape screening and enhancement of that frontage. Administrative Adjustment/ Deviation from Perimeter Open Space Requirement In accordance with Section 13-61 of the Zoning Code, the Planning Commission could approve inclusion of architectural features (such as arcades, awnings and canopies) and hardscape features (such as paving, patios, planters and street furniture) if the Planning Commission determines that: (1) These other features provide usable, visually interesting pedestrian amenities and facilitate pedestrian circulation. (2) These additional features enhance the overall urban design concept of the Planned Development and promote the goals of the General Plan, applicable specific plan. (3) Adequate landscaping is retained to shade the outdoor use areas and to complement the architecture and the design of buildings and pedestrian areas; and (4) The design of the perimeter setback area will be compatible with contiguous development. The requested encroachment into perimeter setback on the ground level is to allow raised patios, steps and low walls along the street frontage on Anton Boulevard that could provide a better pedestrian experience. The addition of the secondary access to the perimeter loft units from the public sidewalk in this urban setting is considered an amenity of the project by creating pedestrian linkages to a central open space. This landscaped courtyard will be open to the public. The 15 -foot encroachment on Avenue of the Arts is to allow a confined dog park. The dog park is an amenity to the development and must be provided on the ground level for maintenance purposes. The applicant chose this frontage for easy pedestrian access and limited visibility to passerbys. Building projections are also allowed in the Perimeter Open Space per Section 13-61 if the following is determined that: (1) An adequate, well-defined pedestrian circulation system is provided within the planned development; (2) Pedestrian oriented landscaped and/or public use areas (plazas, patios, etc.) are provided within the planned development; (3) The reduced open space area will not be detrimental to developments on contiguous properties; (4) The reduced building setback will not deprive the street nor other properties of necessary light and air; and (5) These additional features enhance the overall urban design concept of the Planned Development and promote the goals of the City's General Plan, applicable specific plan. The perimeter open space was established with the office park setting of the North Costa Mesa Specific Plan. The NCMSP refers to the area on Anton Boulevard between Bristol Street and Sakioka Drive as pedestrian zone, and the proposal is consistent with the promotion of pedestrian linkages The North Costa Mesa Specific Plan (NCMSP) allows a site specific density of 100 dwelling per acre for this 4.86 acre site or a maximum of 484 units. The proposed development is 91 units fewer than the allowable densities approved by the General Plan and the zoning for the site. The encroachment is not increasing the density or extend the building development area on the ground floor. A corner encroachment of building was approved for the mid -rise development at 580 Anton Boulevard and the previous approval of the Symphony Towers allowed an encroachment that reduced the perimeter open space to 16 feet. The reduced perimeter setback is appropriate for the urban setting of the project and allows the public sidewalk connection to the center plaza and the perimeter lofts. The proposed development will enhance the pedestrian sidewalk, specifically in this stretch and improve the street frontage by lofts units taking direct access from the sidewalk. The reduced building setback is applicable only to the upper levels of the buildings, where there will be more than 16 feet of height clearance from the sidewalk level. The balconies fill in the space between the building pop -outs and provide visual relief from the massing of the building. Shade/Shadow Analysis The Program EIR concluded that the proposed high-rise residential units are not sensitive uses with the same expectations of shade/shadow limits as traditional multi- family residential uses. The City considers the project area as an urban environment with intensely developed commercial, residential, and cultural uses in a limited geographic area. Given the urban context of the project area, the surrounding land uses, including the existing commercial and retail uses located on the southwest corner of Anton Avenue and Avenue of the Arts were not considered sensitive uses; therefore, the Program EIR concluded that no impact would occur. The proposed project includes a building height reduction from 306 to 66 feet with a roof segment that extends 74'10" over the lobby, the elevator, and stairway areas in Building A and Building B and, therefore, will produce a significantly reduced or a more shallow shadow than the originally proposed project. As shown below shadows from the proposed project will not reach the surrounding building. Therefore, the Program EIR remains adequate and complete for this topic. 4L SU"1. Wra 000 fpgRSOI= I"" Wo Park Mitigation Agreement "111 WSPKI. 1mr" The mitigation monitoring program provides the standard conditions of approval and mitigation measures for the project. The applicant is requesting City Council approval of a Park Mitigation Agreement to comply with the mitigation measures and standard conditions adopted with EIR No. 1052 and included in the addendum prepared for the subsequent project. The Park Mitigation Agreement is a required mitigation measure to offset parkland impacts from the proposed project. The EIR for North Costa Mesa High Rise projects identifies the park impacts of these projects and notes that the impact will be mitigated with submission of the park impact fees. At the time, all projects under the EIR were for sale condominium units subject to a park impact fee. As an apartment, the 393 -unit project would not require a subdivision map and would not be subject to park impact fees. In comparison, the original 484 -unit Symphony Towers project included a vesting tentative tract map and was subject to park impact fees, which were $10,826.00 per unit at the time. The Current park fee is $13,829 per unit. However, in cases where vesting tentative tract maps were filed, the park fee applicable at the time of submittal was applicable to the project. Although the proposed Symphony Apartments is not currently subject to park impact fees as a rental project, the City is in the process of preparing a park impact fee that would determine the impacts fees for apartment communities as well as reassessing the subdivision fees. Since the park impact fee has not been established, projects that are approved prior to fee adoption would be subject to a condition of approval specifying that the fees in effect at the time of permit issuance would be applicable to the project. The Addendum to the EIR indicates that the addition of 393 apartment units will place increased burden on the City's park and open space use. However, the applicant is requesting that a fixed fee amount be identified and is therefore requesting approval of a Park Mitigation Agreement to establish a park impact fee that would be approved at the time of project approval. The project provides over six million dollars of on-site amenities. These improvements include private amenities as well as an open space plaza at the ground level available for public use that could be credited toward the park impact fees (Attachment 8). The draft Development Agreement is attached for consideration of the City Council for mitigation of projects' impacts on City parks. The fee amount and terms of the proposed Development Agreement is subject to approval by the City Council. If the project is converted to condominiums in the future, the project would still be subject to the payment of Quimby Act fee effective at the time. Condition No. 31 is included to address this issue. Recommended Park Fee The most recent Development Agreement related to park impact fee was approved by City Council on April 15, 2014 for the 240 -unit apartment project at 125 Baker Street. At the time, the City had not initiated the park fee study.. The City Council entered into an agreement with the applicant that required submittal of an infrastructure fee in the amount of $250,000.00. The developer of Symphony Apartment is providing more than six millions dollars of on- site amenities that will alleviate most of the demand for park use from the project. Considering the on-site amenities and using the 125 E. Baker project as a basis for calculating the park impact fee, staff is recommending the following to be considered by the City Council: Base amount — using the 125 E. Baker Street example at a rate of $1,042.00 per unit, the minimum park fee impact to be considered is $409,375.00. It should be noted that this project was submitted at a time when park impacts for apartment complexes was not being studied and the applicant and City Council agreed on an average fee amount to off -set the improvement cost to the City. Credit for on-site Amenities - The fee amount may take into consideration private on-site amenities that include open space and park like setting, as well as amenities that will be provided on street level that could be available to the visitors and residents. Considering the noted issues, Council may consider a fee per unit in the range of $1,042.00 (reference: 125 E. Baker Street project) per unit to $3,500 (25% of the current park impact fee) per unit; however, the Council may discuss alternatives and has the ability to raise or lower that amount as they feel appropriate. The following comparison shows the project under park fees in effect in 2014 and the park fee related to development of Symphony Towers and the Vesting Tentative Tract Map approved in 2007 for this site. EXISTING FEE THEORETICAL SCENARIOS ONLY FOR 393 -UNIT PROJECT DEVELOPER'S ESTIMATION OF COST OF ON-SITE AMENITIES 2014 Current Park Fee for 2007 Park Fee of 2014 Park Fee of 2014 Estimate Rental Projects $10,829 per unit $13,829 per unit $0.00 (no fee for $4,255,797 $5,434,798 $6.6 million residential projects without a subdivision CONSISTENCY WITH GENERAL PLAN, NCSMP AND ZONING CODE General Plan Amendment GP -06-02 and Zoning Code Amendment CO -06-05 allowed high-rise residential development in the Planned Development Commercial (PDC) of the North Costa Mesa Specific Plan. The proposed project conforms to the General Plan and Zoning Code as amended. The proposal would also adhere to the exterior and interior noise standards established for mixed-use developments in the Planned Development zone. The proposed development is 91 units below the approved density of 100 du/acre as approved by General Plan Amendment GP -06-02 for the 4.86 -acre site. In addition, the proposal complies with the specific General Plan objectives as follows: • Land Use Objective LU -1F.4: Ensure that residential densities can be supported by the infrastructure and that high density residential areas are not permitted in areas, which cause incompatibility with existing single-family areas. • Land Use Objective LU1 C.3: Prohibit construction of buildings which would present a hazard to air navigation as determined by the FAA. • Land Use Objective LUA.1: Provide for the development of a mix and balance of housing opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segment of the community. The project would replace two vacant restaurant buildings with a modern and quality project that would enhance the appearance and value of the site and its surroundings. The project provides new housing opportunities at a level no greater than can be supported by the existing infrastructure. In addition, the proposal will provide on-site parking spaces that exceeds current parking standards. Conditions of Approval/ Mitigation Measures The mitigation monitoring program provides the standard conditions of approval and mitigation measures (Exhibit B). Airport Land Use Commission and FAA No Hazard Determination Kari Rigoni, Executive Director of the Airport Land Use Commission, has indicated that the proposed mid -rise building is not subject to the ALUC's review. The ALUC's consistency determination on the high-rise development proposal was overruled by City Council in 2007; no additional review if required for the mid -rise project at 66 feet in average height (75 feet maximum at the lobby). The Federal Aviation Administration (FAA) issued a Determination of No Hazard in 2006 for the original Symphony Towers project. The FAA No Hazard Determination established a maximum building height envelope. The proposed buildings at a maximum of 75 feet in height are well below the FAA requirement. A condition of approval requires that a valid FAA No Hazard Determination be submitted prior to issuance of building permits. ENVIRONMENTAL DETERMINATION Final Program EIR No. 1052 was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Costa Mesa Environmental Guidelines. Council certified the Program EIR on November 21, 2006 by adoption of Resolution No. 06-93. Since the project's revision is within the scope of the projects reviewed by EIR No. 1052 and new environmental impacts are not identified with the project, an Addendum to the EIR (Attachment 10) was prepared by CAA Planning in September 2014. On October 13, 2014, the Planning Commission recommended approval of the addendum. LEGAL REVIEW The draft resolutions have been reviewed and approved as to form by the City Attorney's Office. PUBLIC COMMENTS During the public review process, one letter was submitted (Attachment 8) regarding the construction traffic that was reviewed by the Planning Commission prior to October 13, 2014 meeting. A condition of approval requires submittal of a construction management plan prior to demolition and grading activities. Concerns raised by the letter will be considered during the review of the construction management plan. ALTERNATIVES The City Council has the following options: • Adopt the following resolutions: (a) Pursuant to the Planning Commission recommendation, approve the addendum to EIR No. 1052 and Final Master Plan for 393 -unit apartments with any modifications. (b) Approve Park Mitigation Fee Agreement. • Deny the project. If the project were denied, the applicant could not submit substantially the same type of application for six months. CONCLUSION The proposed development provides an alternative site design with mid -rise residential buildings and a reduction in overall density. The project will provide a high quality residential development within an office complex and walking distance to retail and job opportunities. The proposal of the open paseo at the center of the site and pedestrian connection from the sidewalk to the units and ground level retail and open space is consistent with the visions of the North Costa Mesa Specific Plan and General Plan policies in providing quality development in an urban setting and contributing to a pedestrian zone on Anton Boulevard. MINOO ASHABI, AIA Principal Planner GARY ARMSTRONG, AICP Director of Economic & Development / Deputy CEO Attachments: 1. Location Map 2. Draft Resolutions 3. Planning Commission Minute Excerpts 4. Planning Commission Staff Report (no attachments) 5. Planning Commission Resolution 6. List of open space and amenities (provided by applicant) 7. Submitted Correspondence 8. Submitted Plans (under separate cover) 9. Addendum to EIR No. 1052 (under separate cover) cc: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2) Alan Hyden Wilson Meany Four Embarcadero Center, Suite 3330 San Francisco, CA 94111 George Sakioka 14850 Sunflower Avenue Santa Ana, CA 92707 Winston Stromberg Latham and Watkins 355 South Grand Avenue Los Angeles, CA 90071-1560 RESOLUTION NO. 14- A RESOLUTION OF CITY COUNCIL APPROVING ADDENDUM TO NORTH COSTA MESA HIGH RISE RESIDENTIAL PROJECT EIR NO. 1052 AND FINAL MASTER PLAN PA -14-11 FOR 393 -UNIT SYMPHONY APARTMENTS AT 585 AND 595 ANTON BOULEVARD IN A PDC ZONE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Symphony Apartments project ("Project") is a six -story, 393 -unit apartment complex (66 feet maximum height) at a density of 81 dwelling units per acre with 731 parking spaces within a parking structure, along with the following: 1. Addendum to Final Program EIR. Final Program Environmental Impact Report No. 1052 was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Costa Mesa Environmental Guidelines. Council certified the Program EIR on November 21, 2006 by adoption of Resolution No. 06-93. Since the project's revision is within the scope of the projects reviewed by EIR No. 1052 and new environmental impacts are not identified with the project, an Addendum to the EIR was prepared by CAA Planning in September 2014. 2. Final Master Plan PA -14-11: an application for: (a) demolition of two restaurant buildings (17,529 square feet) and 373 surface parking spaces; (b) construction of two midrise residential buildings connected with a pedestrian bridge consisting of 393 apartment units, six stories high above grade (66 feet average, 75 feet maximum at the lobby) with one subterranean parking structure that will provide a total of 731 parking spaces (699 standard, 15 tandem and 17 compact spaces) to accommodate the residential units and 4,104 square feet of retail (722 spaces required) and multiple on-site amenities such as three outdoor decks, two pools and spas, and fitness rooms; (c) deviation from the perimeter open space requirement along Anton Boulevard (20 feet required, 7 feet proposed) and Avenue of the Arts (20 feet required, 8'6" proposed); (d) Administrative Adjustment to allow encroachment of upper levels of buildings and balconies (Level 3 and above) in the perimeter open space (20 feet required, 12 feet proposed); (e) vacation of a portion of 25 -foot Landscape and Sidewalk Easement ("Easement") along Anton Boulevard frontage (7 feet landscaped setback proposed, 20 feet setback provided to building on the ground floor containing stoops and landscape walls); and, (f) a three-year entitlement for PA -14-11. WHEREAS, Costa Mesa Municipal Code Section 13.29(q) provides that "Unless otherwise stated in the Zoning Code, applications for proposed projects which require two or more planning application approvals, may be processed concurrent. Final project approval shall not be granted until all necessary approvals have been obtained"; WHEREAS, the request for the vacation of a portion of the Landscape and Sidewalk Easement (from 25 feet to 7 feet) and approval of the Final Master Plan are inexorably linked in that the vacation of the Easement will determine building setbacks and location of stoops, landscape walls, steps and ground floor patios. City Council shall serve as the final review authority on the vacation of the Easement; WHEREAS, the City Council may consider and approve a Park Mitigation Agreement by separate Council resolution to mitigate parkland impacts from the proposed project; WHEREAS, General Plan Amendment GP -06-02 and Zoning Code Amendment CO -06-05 were required to allow high-rise residential development in the Planned Development Commercial (PDC) zoning district and to specify exterior noise standards for certain outdoor common recreational amenity areas of a high-rise residential development. The proposed project conforms to the General Plan and Zoning Code, as amended in January 2007; WHEREAS, the Final Master Plan establishes a mid -rise residential development option that complies with the total number of residential units and non- residential building square footage identified for this sub -area in Area 6 of the North Costa Mesa Specific Plan, as amended per SP -06-02; WHEREAS, the Addendum to the certified Final Environmental Impact Report ("EIR") No. 1052 was prepared by CAA Planning in September 2014 and provided as an attachment to the Planning Commission staff report dated October 13, 2014; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 13, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the Planning Commission recommended approval of the Addendum to Final Program EIR and Final Master Plan PA -14-11 on October 13, 2014; WHEREAS, a duly noticed public hearing was held by the City Council on November 18, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the City Council has reviewed all environmental documents comprising the Final Program EIR and has found that the Addendum to the EIR considers all environmental impacts of the proposed project and a reasonable range of alternatives, and the Addendum to the EIR is complete, adequate and fully compliant with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the Addendum to the Final Program EIR No. 1052 constitutes project - specific environmental analysis for the revised midrise residential project at 585-595 Anton Boulevard, and no additional environmental review is required prior to construction of the proposed project; WHEREAS, as condition of approval for the Project, the applicant is required to obtain, prior to the issuance of building permits, a current and valid Determination of No Hazard from the Federal Aviation Administration ("FAA"). The previous Determination of No Hazard was issued on October 17, 2006, which established a maximum building height of 306 feet above mean sea level for the proposed high-rise residential towers at 585 and 595 Anton Boulevard. WHEREAS, the California Government Code 65402, requires the City of Costa Mesa shall not acquire, use, or dispose of any real property until the use of the property has been found in conformance with the City's General Plan; WHEREAS, the proposed vacation of easement along Anton Boulevard has been reviewed by the Engineering and Transportation Services Divisions, and based on the existing land use and circulation configuration, Given that this portion of the easement serves no public street and/or highway purposes, the proposed action will not impact the City's transportation system plan. WHEREAS, the subject modification to the easement adjacent to properties at 585 and 595 Anton Boulevard is shown in Exhibit D; WHEREAS, the City Council has determined that the proposed vacation of a portion of the Landscape and Sidewalk Easement from 25 feet to 7 feet is in conformance with the General Plan. WHEREAS, the reduced easement meets the intent of the 1984 Open Space Easement by retaining areas for passive recreation purposes that will be improved with landscape and hardscape features preserving the open space character and adding to amenities of living in neighboring urbanized areas. WHEREAS, a parkland impact fee shall be assessed per unit pursuant to a Park Mitigation Agreement between the property owner and the City of Costa Mesa. Parkland impacts from the proposed new residents of the Symphony Midrise Apartment project shall be reduced to below a level of significance based on the joint consideration of the level of on-site amenities and the parkland impact fee in the Park Mitigation Agreement. Specifically, the combination of these shall mitigate the park impacts of the proposed project. Quimby Fees shall no longer apply to the project unless the project is developed as condominium units. BE IT RESOLVED that the City Council does hereby find the proposed vacation of excess right-of-way in conformance to the City of Costa Mesa 2000 General Plan. BE IT FURTHER RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained in Exhibit B and mitigation measures contained in Exhibit C, the City Council hereby APPROVES the Addendum to Final Program EIR No. 1052 and Final Master Plan PA - 14 -11. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -14-11 and upon the applicant's compliance with each and all of the conditions / mitigation measures in Exhibits "B" and "C" and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED on this 18th day of November, 2014. ATTEST: JIM RIGHEIMER Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 14_ as considered at a regular meeting of said City Council held on the 18th day of November, 2014, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 18th day of November, 2014, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2014 RESOLUTION NO. 14- A RESOLUTION OF CITY COUNCIL APPROVING A "PARK MITIGATION AGREEMENT" FOR FINAL MASTER PLAN PA -14-11 FOR THE 393 -UNIT SYMPHONY APARTMENTS AT 585 AND 595 ANTON BOULEVARD IN A PDC ZONE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Symphony Apartments project ("Project") is a six -story, 393 -unit apartment complex (66 feet maximum height) at a density of 81 dwelling units per acre with 731 parking spaces within a parking structure, along with the following: 1. Addendum to Final Program EIR. Final Program Environmental Impact Report No. 1052 was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Costa Mesa Environmental Guidelines. Council certified the Program EIR on November 21, 2006 by adoption of Resolution No. 06-93. Since the project's revision is within the scope of the projects reviewed by EIR No. 1052 and new environmental impacts are not identified with the project, an Addendum to the EIR was prepared by CAA Planning in September 2014. 2. Final Master Plan PA -14-11: an application for: (a) demolition of two restaurant buildings (17,529 square feet) and 373 surface parking spaces; (b) construction of two midrise residential buildings connected with a pedestrian bridge consisting of 393 apartment units, six stories high above grade (66 feet average, 75 feet maximum at the lobby) with one subterranean parking structure that will provide a total of 731 parking spaces (699 standard, 15 tandem and 17 compact spaces) to accommodate the residential units and 4,104 square feet of retail (722 spaces required) and multiple on-site amenities such as three outdoor decks, two pools and spas, and fitness rooms; (c) deviation from the perimeter open space requirement along Anton Boulevard (20 feet required, 7 feet proposed) and Avenue of the Arts (20 feet required, 8'6" proposed); (d) Administrative Adjustment to allow encroachment of upper levels of buildings and balconies (Level 3 and above) in the perimeter open space (20 feet required, 12 feet proposed); (e) vacation of a portion of 25 -foot Landscape and Sidewalk Easement ("Easement") along Anton Boulevard frontage (7 feet landscaped setback proposed, 20 feet setback provided to building on the ground floor containing stoops and landscape walls); and, (f) a three-year entitlement for PA -14-11. WHEREAS, Parking Structure B is a three-level parking structure (total 342 spaces) at South Coast Metro Center, located at 531 Anton Boulevard including a deviation from shared parking requirements and maximum number of compact parking stalls. WHEREAS, the City Council approved the Addendum to the EIR and Final Master Plan PA -14-11 by adoption of Council resolution No. 14- ; WHEREAS, the Planning Commission approved Parking Structure B by adoption of Planning Commission Resolution No. 08-03; WHEREAS, the City Council may consider and approve a Park Mitigation Agreement by separate Council resolution to mitigate parkland impacts from the proposed project; WHEREAS, the Final Master Plan establishes a mid -rise residential development option that complies with the total number of residential units and non- residential building square footage identified for this sub -area in Area 6 of the North Costa Mesa Specific Plan, as amended per SP -06-02; WHEREAS, the Addendum to the certified Final Environmental Impact Report ("EIR") No. 1052 was prepared by CAA Planning in September 2014 and provided as an attachment to the Planning Commission staff report dated October 13, 2014; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 13, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the Planning Commission recommended approval of the Addendum to Final Program EIR and Final Master Plan PA -14-11 on October 13, 2014; WHEREAS, a duly noticed public hearing was held by the City Council on November 18, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the City Council has reviewed all environmental documents comprising the Final Program EIR and has found that the Addendum to the EIR considers all environmental impacts of the proposed project and a reasonable range of alternatives, and the Addendum to the EIR is complete, adequate and fully compliant with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the Addendum to the Final Program EIR No. 1052 constitutes project - specific environmental analysis for the revised midrise residential project at 585-595 Anton Boulevard, and no additional environmental review is required prior to construction of the proposed project. Payment of a parkland impact fee pursuant to an executed agreement is a mitigation measure described in the Addendum to the EIR; WHEREAS, a parkland impact fee shall be assessed per unit pursuant to a Park Mitigation Agreement between the property owner and the City of Costa Mesa. Parkland impacts from the proposed new residents of the Symphony Midrise Apartment project shall be reduced to below a level of significance based on the joint consideration of the level of on-site amenities and the parkland impact fee in the Park Mitigation Agreement. Specifically, the combination of these shall mitigate the park impacts of the proposed project. Quimby Fees shall no longer apply to the project unless the project is developed as condominium units. BE IT FURTHER RESOLVED that, based on the evidence in the record, the City Council hereby APPROVES the Park Mitigation Agreement to be valid for a five year period from November 18, 2014 to November 18, 2019. The Park Mitigation Agreement is attached as Exhibit A. BE IT FURTHER RESOLVED that the Park Mitigation Agreement also specifies that the entitlement approval for Final Master Plan PA -14-11 (Symphony Apartments) and Final Master Plan PA -07-29 (Parking Structure B) shall coincide with the five year timeframe of the Park Mitigation Agreement; BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -14-11 and upon the applicant's compliance with each and all applicable the conditions / mitigation measures contained in Council Resolution No. 14- , and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED on this 18th day of November, 2014. JIM RIGHEIMER Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 14_ as considered at a regular meeting of said City Council held on the 18th day of November, 2014, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 18th day of November, 2014, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2014 EXHIBIT "A" FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29 (g) (5) because: Finding: The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, and integration of uses and structures and protection of the neighboring development. Facts in Support of Finding: Final Master Plan PA -14-11 meets the broader goals of the 2000 General Plan, as amended, North Costa Mesa Specific Plan, as amended, in that the proposed project would create a unique housing type within an urban area in South Coast Metro Center in Costa Mesa. The new buildings will feature world-class architecture and the residential structures will complement the cultural and entertainment arts center uses at South Coast Plaza Town Center. The proposed project would meet the housing needs of the professionals and high-income segments of the community at a level no greater than which can be supported by planned infrastructure improvements. The proposed master plan and related improvements is consistent with the General Plan, as amended per GP -06-02, North Costa Mesa Specific Plan, as previously amended per SP -06-02, and Zoning Code, as previously amended per CO -06-05. B. Approval of the administrative adjustment for encroachment into perimeter landscaping, complies with Costa Mesa Municipal Code Section 13-29(g)(1) as follows: Finding: Because of special circumstances applicable to the property, the strict application of development standards deprives such property of privileges enjoyed by others in the vicinity under identical zoning classifications. Facts in Support of Finding: This encroachment is applicable to the upper levels (Level 3 and above) of the buildings; the ground floor of the building is not encroaching into the perimeter setback. The upper level pop -outs and balconies encroach a maximum of eight feet into the 20 -foot setback; however, since the height clearance will be more than 16 feet, the encroachment is not affecting the ground level openness at the perimeter. A similar encroachment was approved for the mid -rise development at 580 Anton Boulevard, the 421 Bernard Street in PDC zone and the Symphony Towers entitlement for the 484 -unit high-rise development. Required Finding: The deviations granted shall be subject to such conditions as will assure that the deviation authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. Facts in Support of Finding: The reduced perimeter setback is applicable to the upper levels that will provide a minimum of 16 -foot height clearance within the perimeter open space. In addition, the most encroachment (8 feet) is related to the balconies that are not continuous and extend out uniformly at each unit but separated by at least 30 feet. The proposed encroachment is intended to allow for larger open space areas on the upper levels and provide each unit with a private balcony which will be beneficial to the residents. In addition, given the height of the structures, the intent of the openness at the perimeter of the site will be met. Required Finding: The granting of the deviations will not allow a use, density, or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Facts in Support of Finding: The encroachment of the upper levels into the perimeter setback will allow larger upper -deck open space and private balconies and is not affecting the ground floor building setback or the overall intensity of the development. The proposed development is consistent with the General Plan Amendment GP -06-02 and North Costa Mesa Specific Plan, as amended per SP -06-02 with 91 fewer units that the 2007 approved high-rise master plan for development of 484 units. C. The proposed project complies with Costa Mesa Municipal Code Section 13-61 (a) with respect to encroachment into the perimeter open space because: Finding: The proposed features provide usable, visually interesting amenities and facilitate pedestrian circulation. Facts in Support of Finding: Deviation from the perimeter open space to allow encroachment of the patios and stoops into the perimeter open setback at Anton Boulevard (20 -feet required, 7 feet proposed) and the dog park fencing along Avenue of the Arts (20 -feet required, 8'6" proposed) will provide usable amenities and facilitate pedestrian circulation on Anton Boulevard. The encroachment allows a pedestrian friendly sidewalk with landscape and hardscape improvements that will enhance the streetscape and engage the sidewalk connecting to other office and commercial uses on Anton Boulevard. The encroachment on Avenue of the Arts is related to a dog run along the side of the building. The buildings are oriented on Anton Boulevard where the main lobby is provided and a retail space and ground floor open space will be located. The reduced landscaping will be complemented with decorative hardscape and urban design features such as stoops and raised patios that will be a good fit for the Anton Boulevard frontage and improving the pedestrian linkages in the area. Required Finding: The additional features enhance the overall urban design concept of the Planned Development and promote the goals of General Plan, applicable specific plan, and /or Redevelopment Plan. Facts in Support of Finding: The proposed landscape and patio improvements and enhanced public sidewalk will provide a pedestrian friendly edge along the project and Anton Boulevard. This pedestrian walkways also connects to an open space that is accessible and visible from the street and available for public use. The project also includes significant improvements to the public right-of-way in terms of trees and landscaping. Encroachments into perimeter setback requirements have been approved in a similar manner for 1901 Newport Boulevard in the PDC zone and 580 Anton Boulevard in PDR zone. Required Finding: Adequate landscaping is retained to shade the outdoor use areas and to complement the architecture and the design of buildings and pedestrian areas. Facts in Support of Finding: The reduced open space allows a sidewalk and parkway that connect to adjacent raised patios and steps leading to loft units fronting on Anton Boulevard. These units take direct access from the street which is a positive aspect for safety and engaging the street and public sidewalk from a passive area to an active public space. The sidewalk also widens and connects to the centralized ground floor open space that is proposed in front of the retail space. This area includes a variety of landscape, hardscape and seating areas that could be used by the patrons and pedestrians that would walk to the office towers to the rear. The reduced setback along Anton Boulevard is facing north which will be mostly shaded because of the site orientation. Required Finding: The design of the perimeter setback area will be compatible with contiguous development. Facts in Support of Finding: The building site has more than 800 feet of frontage on Anton Boulevard that covers the entire block from Avenue of the Arts to Sakioka Drive. The proposed sidewalk and landscape improvements will not directly connect to the sidewalk on the adjacent properties on east or west. D. The proposed project complies with Costa Mesa Municipal Code Section 13-61 (b) with respect to building encroachment into the perimeter open space because: Required Finding: An adequate, well defined pedestrian circulation system is provided within the planned development. Facts in Support of Finding: The requested encroachment into perimeter setback on the ground level is to allow raised patios, steps and low walls along the street frontage on Anton Boulevard that could provide a better pedestrian experience. Required Finding: Pedestrian oriented landscape and/or public use areas (plazas, patios, etc.) are provided within the planned development. Facts in Support of Finding: The reduced perimeter setback is appropriate for the urban setting of the project and allows the public sidewalk connection to the center plaza and the perimeter lofts. The proposed development will enhance the pedestrian sidewalk, specifically in this stretch and improve the street frontage by lofts units taking direct access from the sidewalk. Required Finding: The reduced open space area will not be detrimental to development on contiguous properties. Facts in Support of Finding: The reduced building setback is applicable only to the upper levels of the buildings, where there will be more than 16 feet of height clearance from the sidewalk level. The proposed buildings contain the entire block between Sakioka Drive and Avenue of the Arts and are not in immediate proximity to any other property. Required Finding: The reduced building setback will not deprive the street nor other properties of necessary light and air. Facts in Support of Finding: The reduced building setback is applicable only to the upper levels of the buildings, where there will be more than 16 feet of height clearance from the sidewalk level. The balconies fill in the space between the building pop -outs and provide visual relief from the massing of the building. Required Finding: These additional features enhance the overall urban design concept of the Planned Development and promote the goals of City's General Plan and North Costa Mesa Specific Plan. Facts in Support of Finding: This encroachment is applicable to the upper levels (Level 3 and above) of the buildings; the ground floor of the building is not encroaching into the perimeter setback. The development with the stoops and patios and upper level balconies will enhance the urban design on Anton Boulevard. In addition, the design concept contributes to the pedestrian area, which the NCMSP refers as pedestrian zone. E. The proposed project is consistent with the General Plan/Zoning Code with regard to use, density and intensity. F. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Final Program Environmental Impact Report (EIR) #1052 was prepared for the final master plan, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment, mitigation measures have been included as conditions of approval that reduce impacts to the fullest extent reasonable and practicable. G. The project is subject to all Mitigation Measures from Final Program EIR #1052 have been included as conditions of approval and terms and conditions of the Park Mitigation Agreement to mitigate park impacts. If any of these conditions are removed, the City Council must make a finding that the project will not result in significant environmental impacts, that the condition(s) are within the responsibility and jurisdiction of another public agency, or that specific economic, social, or other considerations make the mitigation measures infeasible. H. The findings with respect to the environmental effects of the project are in the document, "CEQA Statements of Findings, Facts and Overriding Consideration for the North Costa Mesa High Rise Residential Projects", attached to the City Council resolution for the General Plan Amendment GP -06-02. The evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat. The project site consists of ornamental, non-native vegetation and does not contain, nor is it in proximity to, any sensitive habitat areas. J. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management of Title 13 of the Municipal Code in that the development projects' traffic impacts will be mitigated at all affected intersections. K. The proposed midrise building as conditioned shall include the City of Costa Mesa's building and fire safety standards for this type of residential development. L. The project shall be constructed in accordance with the FAA Determination of No Hazard issued on October 17, 2006, or most current FAA Determination of No Hazard, or in accordance with a similar finding in an independent study by a qualified private consultant that has been certified by the FAA stating that the project presents no hazard to flight operations at John Wayne Airport. The FAA Determination of No Hazard issued on October 17, 2006 established a maximum building height of 306 feet above mean sea level for the proposed high-rise residential towers at 585 and 595 Anton Boulevard. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Final Master Plan PA -14-11 shall comply with the conditions of approval, code requirements, and mitigation measures of Final Program EIR No. 1052 and Addendum to the EIR for this project and as listed in the attached Mitigation Monitoring Program (Exhibit "C"). Additional conditions of approval are also included as part of the Mitigation Monitoring Program. 2. Mitigation Measures from Final Program EIR #1052 have been included as conditions of approval. If any of these conditions are removed, the City Council must make a finding that the project will not result in significant environmental impacts, that the condition(s) are within the responsibility and jurisdiction of another public agency, or that specific economic, social, or other considerations make the mitigation measures infeasible. 3. The conditions of approval, mitigation measure and code requirements for PA -14-11 shall be blueprinted on the page following or containing the site plan. 4. The Applicant shall effectively manage tenant and guest parking onsite and employ necessary measures (e.g. valet parking, mechanical lift parking, tandem parking, etc.) as needed. If onsite parking is not appropriately managed, the Development Services Director shall require implementation of corrective measure(s) to address onsite parking problems in the future; require that the property management company with a towing service to enforce the parking regulations. 5. Applicant shall indicate on the final parking management plan how parking shall be assigned. The parking management plan shall be approved prior to issuance of building permits. The number of parking stalls and configuration may be adjusted pursuant to the review and approval of the Development Services Director, provided that tenant parking is within the range of 1.5 to 2.0 spaces per unit and guest parking is provided at a minimum of 0.5 parking spaces per unit for the first 50 units and 0.25 parking spaces for each unit above 50, as stipulated. 6. The FAA No Hazard Determination shall be current and valid at the time of issuance of a building permit. Any required modifications to the building, including but not limited to, the building height or appurtenances, required by the No Hazard Determination shall be reflected in the building plans prior to building permit issuance. 7. The applicant shall meet all obligations pursuant to terms and conditions of Development Agreement DA -14-03 to be considered and adopted by a separate resolution by the City Council, as applicable. 8. The previous entitlements for the 300 -room hotel and 484 -unit Symphony Towers project shall be null and void upon issuance of building permits for the proposed project. This condition does not apply to Final Master Plan PA -07-29 for Parking Structure B. Any modification to this condition requires PC approval. 9. Ancillary retail shall be limited to approximately 4,100 square feet of walk-up retail unless additional parking is provided subject to review and approval of the Development Services Director. The retail area(s) shall consist of retail businesses such as, but not limited to, periodical stand/kiosk, cafe, sandwich shop, juice bar, neighborhood drycleaner, or other similar uses as deemed appropriate by the Development Services Director. Prior to issuance of a certificate of occupancy, developer shall provide a matrix of permitted walk-up retail uses to be approved by the Development Services Director. 10. Prior to issuance of grading permits, developer shall submit for review and approval a Construction Management Plan. This plan features methods to minimize disruption to the neighboring residential uses to the fullest extent that is reasonable and practicable. The plan shall include construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. The plan should mitigate disruption to residents and also businesses during construction. The truck route plan shall preclude truck routes through residential areas and major truck traffic during peak hours. The total truck trips to the site shall not exceed 200 trucks per day (i.e., 100 truck trips to the site plus 100 truck trips from the site) unless approved by the Development Services Director or Transportation Services Manager. The project construction traffic shall not use the streets that are within the adjacent residential neighborhoods. 11. Developer shall submit a signed and completed Maintenance Agreement to the satisfaction of the Development Services Director and City Attorney's office requiring the developer to be 100% responsible for maintenance of the landscape easement and parkway area along Avenue of the Arts and Anton Boulevard within the project boundaries. 12. The site plan / building plan shall show provisions for the placement of centralized mail delivery units, if applicable. Specific locations for such units shall be to the satisfaction of the Planning Division, Engineering Division, and the US Postal Service. 13. Prior to issuance of building permits, developer shall contact the U.S. Postal Service with regard to location and design of mail delivery facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan. 14. The range of primary street addresses shall be displayed on a complex identification sign visible from the street. Street address numerals shall be a minimum 12 inches in height with not less than 3/4 -inch stroke and shall contrast sharply with the background. 15. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc, shall be blueprinted on the site plan and on all floor plans in the working drawings. 16. The subject property's ultimate finished grade level may not be filled/raised in excess of 30" above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable onsite storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official and City Engineer prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public storm water facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of the subject property shall preserve or improve the existing pattern of drainage on abutting properties. 17. Street trees in the landscape parkway shall be selected from Appendix D of the Streetscape and Median Development Standards and appropriately sized and spaced (e.g. 15 -gallon size planted at 30' on centers), or as determined by the Development Services Director once the determination of parkway size is made. The final landscape concept plan shall indicate the design and material of these areas, and the landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits. 18. Prior to submission of a final landscape plan, developer shall seek approval from the Parks and Recreation Commission for the removal of any trees within the public right-of-way. Commission will require that the City be compensated for the loss of street trees in the public right-of- way pursuant to a 3 -to -1 tree replacement ratio. Any conditions imposed by the Parks and Recreation Commission shall be identified on the final landscape plan. The developer is advised that the approval process may take up to three months; therefore, it is advised to identify any affected trees and make a timely application to the Parks and Recreation Commission to avoid possible delays. 19. Building wall signage shall be limited to identification of the residential development or walk-up retail businesses subject to review and approval by Director of Development Services. 20. The developer shall contact the current cable service provider prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 21. The developer shall contact the Planning Division to arrange for an inspection of the site prior to the final inspections. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 22. Nighttime lighting shall be minimized to provide adequate security and creative illumination of building, sculptures, fountains, artworks, and light boxes/monument display cases to the satisfaction of the Development Services Director. Any lighting under the control of the developer shall be directed in such a manner so as to not unreasonably interfere with the quiet enjoyment of nearby residences. 23. Mid -rise residential structures shall use low reflective glass and building materials to minimize daytime glare to the fullest extent possible. 24. Landscape plans shall show methods of screening for all ground - mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). With the exception of back- flow prevention devices, ground -mounted equipment shall not be located in any landscaped setback visible from the street and shall be screened from view, under the direction of Planning Staff. 25. Prior to the issuance of building permits, the applicant shall submit a Lighting Plan and Photometric Study for the approval of the City's Development Services Department. The Lighting Plan shall demonstrate compliance with the following: • The mounting height of lights on light standards shall not exceed 18 feet in any location on the project site unless approved by the Development Services Director; • The intensity and location of lights on buildings shall be limited to minimize nighttime light and glare to residents and shall be subject to the Development Services Director's approval; 4otometric All site lighting fixtures shall be provided with a flat glass lens. calculations shall indicate the effect of the flat glass lens fixture efficiency; and • Lighting design and layout shall limit spill light to no more than 0.5 foot-candle at the property line of the surrounding properties, consistent with the level of lighting that is determined necessary for safety and security purposes on site. 26. Developer shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of (1) City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. 27. Prior to issuance of the final certificate of occupancy for the first building constructed, displaced parking shall be provided for South Coast Metro in the form of an additional 220 spaces in parking structure "B" (as approved — PA -07-29), or alternative measures approved by the Planning Director. 28. Prior to issuance of building permits, the building plans shall demonstrate that all units are equipped with a mechanical ventilation system that will properly filter the indoor air. The ventilation system can be a component of the air conditioning system with the distinction being that clean, ventilated air flow does not necessarily need coolant. 29. Developer shall submit a detailed Landscape Plan for the public and private open spaces, for review and approval by the Development Services Department, prior to any construction landscape improvements. The plan shall include all decorative hardscape and landscape improvements as shown on the conceptual plans to provide visual relief Park Eng -me for the project from the street. Final materials shall be subject to approval by the Planning Division. 30. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. CAL Green Code or higher as determined by applicant. 31. If the project is subdivided as condominiums, the applicant shall pay Park fee prior to submittal of the final Tract Map. Applicable fees shall be that fee in effect at the time the final map is approved by the City Council when building permits are issued. 32. The proposed development is pending approval of vacation of a portion 25 -foot "Landscape and Sidewalk Easement" along Anton Avenue to a minimum of 7 -feet to provide the minimum clearance for a public sidewalk. This modification is subject to final approval by City Council. No portions of the patios, stoops or planter walls shall encroach into the final easement. 33. The utility easements (within the property referred to as pole lines and conduit easement in recorded Instrument No. 83-515838) that are in conflict with the proposed project shall be either vacated or relocated prior to issuance of a Grading Permit. 34. Comply with the requirements of the adopted 2013 California Building Code, 2013 California Electrical code, 2013 California Mechanical code 2013 California Plumbing code , 2013 California Green Building Standards Code and 2010 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance ) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. 35. Sanitary Code Requirements #16 - Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. 36. Sanitary Code Requirements #19 - Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. 37. This project shall comply with the in -Building Public Safety Radio System Coverage per section 5+-130 to 5-137 of the Costa Mesa Municipal Code. At plan check submittal 6 copies of an in -building Public Safety Radio System Coverage report (Radio system report) shall be submitted to the Building and Safety Division. The Radio System report shall be certified by an FCC licensed radio technician as provided by the property owner/applicant. The technician is required by section 5-133 to conduct initial tests and shall be employed by the owner, the engineer or architect of record, or agent of the owner, but not by the contractor or any other person responsible for the work. 38. Submit a precise grading plans, an erosion control plan and a hydrology study. 39. Submit a soils report for this project. Soil's Report recommendations shall be blueprinted on both the architectural and the precise grading plans. 40. On graded sites the top of exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved discharge devise a minimum of 12 inches plus 2 percent. 2013 California Building Code CBC 1808.7.4. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than 5% for a minimum of 10 ft. measured perpendicular to the face of the wall. CBC 1803.3. 41. Projections, including eaves, shall be one-hour fire resistive construction, heavy timber or of noncombustible material if they project into a 5 -foot setback area from the property line. They may project a maximum of 12 inches beyond the 3 -foot setback. CRC Tables R302.1(1) and R302.1(2). 42. Prior to or concurrent with the submittal of plans for plan check, the applicant shall prepare and submit documentation for compliance with the State Water Resources Control Board (SWRCB) Water Quality Order 99-08-DWQ; National Pollutant Discharge Elimination System (NPDES) Permit No. CAS000002 for Storm Water Discharges Associated with Construction Activity (General Permit); the California Regional Water Quality Control Board (RWQCB) Santa Ana Region Order No. R8-2002-0010 and NPDES Permit No. CAS618030; and, the City of Costa Mesa Ordinance No. 97-20 for compliance with NPDES Permit for the City of Costa Mesa. Such documentation shall include a Water Quality Management Plan (WQMP) identifying and detailing the implementation of the applicable Best Management Practices (BMPs). Trans. 43. Construct median modifications on Anton Boulevard to accommodate left turn movements into the site. Construct wide flare or radius curb drive approaches at approved locations. 44. Comply with minimum clearance requirements from property lines and any vertical obstructions. 45. Identify ramp slopes within the parking structure and comply with City ramp slope standards. Ramps with parking shall not exceed 5% slope. 46. A turnaround area shall be provided for dead-end conditions within the visitor parking area within the parking structure to allow forward motion for exiting when spaces are full. 47. Submit a parking plan denoting location of security gates if any, and how gates will be operated. Relocate/remove affected utilities/parkway trees on Anton Boulevard and Avenue of the Arts to accommodate new drive approaches. 48. Applicant/Developer is hereby advised that no removal of trees from the public right-of-way will be permitted without specific approval from the Parks and Recreation Commission and compliance with mitigation measures as determined by the Commission to relocate the trees and/or to compensate the city for the loss of trees from the public right- of-way. Conditions of the Parks and Recreation Commission must be incorporated onto the plans prior to plan approval. The approval process may take up to three months, therefore, the applicant/developer is advised to identify all trees affected by the proposed project and make timely application to the Parks and Recreation Commission to avoid possible delays. 49. Twelve months after the issuance of certificate of occupancy of complete project or when the units are over 80% occupied, whichever is earlier, the Developer shall fund a study of the traffic operations at the project access driveway along Anton Boulevard between Avenue of the Arts and Sakioka Drive. The focus of the study will be to review the left turn movements at the project driveway to/from Anton Blvd. The scope, methodology, and consultant shall be approved by the City prior to the initiation of the traffic operations study. The study shall be reviewed and approved by the City prior to public release. The traffic study will analyze the level of service and other traffic operation indicators (crashes and queuing) for the intersection of Project Driveway/Anton Boulevard. If the analyses show that the level of service and/or at least one other traffic operation indicator exceed the City's significance thresholds and/or Caltrans criteria, whichever is applicable, the developer will be responsible for constructing a "pork chop" island at the driveway which will prohibit exiting left -turns from the driveway onto Anton Boulevard and/or reconstructing the median on Anton Boulevard to prohibit left -turns into the site from Anton Boulevard. 50. Construct 6 -foot wide sidewalk on Anton Boulevard in accordance with Master Plan of Highways requirements. Any alternative designs incorporating full width sidewalk in the vicinity of the retail business space is subject to review and approval by Public Services Director. 51. Construct wide flare on radius curb drive approaches at approved locations. Comply with minimum clearance requirements from property lines and any vertical obstructions. 52. Provide a combined Fire Sprinkler/Standpipe System in accordance Fire with NFPA 13 and 14, 2013 Ed. 53. All Stairways shall be provided with wet Class I Fire Standpipes in accordance with NFPA 14. 54. Provide Fire Hydrants per direction from Fire Department. See Fire Prevention. 55. Provide Emergency Responder Radio Coverage per CMC and California Fire Code, 2013. 56. A Fire Master Plan shall be submitted and approved by the Fire Department prior to architectural plan submittal. See Fire Prevention. Police 57. Developer shall work with the Police Department in implementing security recommendations to the maximum extent feasible. For example, developer shall provide 24-hour on-site personnel for the proposed project, install an on-site video surveillance system that will be monitored by on-site personnel, and install a controlled access system for all pedestrian and automobile access. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. All applicable federal, state, and local laws which are applicable to the project shall be complied with, regardless of whether they are identified herein. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. Approval of the final master plan shall expire within one year unless the applicant applies for and is granted an extension of time for the final master plan. 2. Driveway ramp slopes shall comply with the standards contained in the City's parking ordinance. 3. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. (Roof -mounted equipment enclosed in the mechanical penthouse is permitted as part of the approval of the final master plan.) 4. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform with City standards. Standard drawings are available from the Planning Division. 5. Hours of construction shall comply with Section 13-279, Title 13, of the Costa Mesa Municipal Code. 6. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and final releases will not be granted until all such licenses have been obtained. 7. Development shall comply with all requirements of the North Costa Mesa Specific Plan relating to development standards, maximum building square footage, height, etc. for residential high-rise projects. 8. All on-site utility services shall be installed underground. 9. Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation vault, wall cabinet, or wall box under the direction of the Planning Division. 10. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108 and the City's Water Efficient Landscape Guidelines, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. 11. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 12. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 13. All compact parking spaces shall be clearly marked "compact" or "small car only". 14. Parking stalls shall be double -striped in accordance with City standards. 15. Driveway ramp slope shall comply with the standards contained in the City's parking ordinance. Bldg. 16. Comply with the requirements of the California Code of Regulations, Title 24, also known as the California Building Standards Code, as amended by the City of Costa Mesa. 17. Comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Green Building Standards Code and 2013 California Energy Code (or the applicable adopted, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Areas of alteration and additions shall comply with 2013 California Green Building Standards Code section 5.303.2 and 5.303.2. 18. Prior to issuance of grading permit, developer shall submit soils report, grading, and drainage plans, and final Water Quality Management Plan for this project. 19. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. Bldg. 20. The project applicant shall require the contractor to comply with the SCAQMD's regulations during construction, including Rule 402 which specifies that there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. Specific measures to reduce fugitive dust shall include the following: a. Moisten soil prior to grading. b. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. c. Treat any area that will be exposed for extended periods with a soil conditioner to stabilize soil or temporarily plant with vegetation. d. Wash mud -covered tires and under -carriages of trucks leaving construction sites. e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites. f. Securely cover loads of dirt with a tight fitting tarp on any truck leaving the construction sites to dispose of excavated soil. g. Cease grading during periods when winds exceed 25 miles per hour. h. Provide for permanent sealing of all graded areas, as applicable, at the earliest practicable time after soil disturbance. A screen shall be provided at a reasonable height to ensure construction dust and debris are contained as much as possible to prevent impacts from construction on neighboring properties. 21. The proposed project shall comply with Title 24 of the California Code of Regulations established by the Energy Commission regarding energy conservation standards. The project applicant shall incorporate the following in building plans: • Solar or low emission water heaters shall be used with combined space/water heater units. • Double paned glass or window treatment for energy conservation shall be used in all exterior windows. Eng. 22. Developer shall contact the Mesa Water District — Engineering Desk and submit application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from the Mesa Water District. 23. Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements prior to approval of plans. 24. At the time of development submit for approval an Offsite Plan to the Engineering Division and Grading Plan to the Building Division that shows Sewer, Water, Existing Parkway Improvements and the limits of work on the site, and hydrology calculations, both prepared by a registered Civil Engineer or Architect. Cross lot drainage shall not occur. Construction Access approval must be obtained prior to Building or Engineering Permits being issued by the City of Costa Mesa. Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the City of Costa Mesa. 25. Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the Cit of Costa Mesa. 26. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. sidewalk per City of Costa Mesa Standards as shown on the Offsite Plan, including four (4) feet clear around obstructions in the sidewalk. 27. For demolition, grading, or building permits involving projects with a valuation of $10,000 or more, the contractor shall use a City - permitted hauler(s) to haul any debris or solid waste from the job site (refer to Section 8-83(h), Regulations, of Title 8 of the Costa Mesa Municipal Code). Use of a City -permitted hauler for such projects is the responsibility of the designated contractor. Non-compliance is subject to an administrative penalty as follows: $1,000 or 3% of the total project value, whichever is greater. 28. Maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling. Trans. 29. Prior to issuance of building permits, developer shall remit required San Joaquin Hills Transportation Corridor Fee currently estimated at $838,742.22. This fee is subject to revision and possible increase effective July 1St of each year. 30. Prior to issuance of building permit, developer shall fulfill mitigation of off-site traffic impacts to the Planning Division. The Traffic Impact fee is currently estimated at $329,481.00 calculated based upon the average daily trip generation rate for residential dwelling units and the retail space and includes a credit for existing uses. The Traffic Impact Fee will be recalculated at the time of issuance of building permit based on any changes in the prevailing schedule of charges adopted by City Council and effective at that time. 31. Developer shall provide a 25 -foot minimum distance from the far side of the proposed drive aisle for all parking spaces to provide adequate space for turning movements. Developer shall comply with the City's Parking Design Standards. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani 1. Developer shall contact the Costa Mesa Sanitary District at (949) 645- 8400 for current district requirements. AQMD 2. Applicant shall contact the Air Quality Management District (800) 288- 7664 for potential additional conditions of development or for additional permits required by the district. School 3. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits. State 4. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information.