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00 - - Agenda - 3/3/2015
AGENDA 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, MARCH 3, 2015 CITY COUNCIL CHAMBERS, 77 FAIR DRIVE CLOSED SESSION - 5:00 P.M. REGULAR MEETING - 5:45 P.M. STEPHEN M. MENSINGER Mayor JAMES M. RIGHEIMER Mayor Pro Tem SANDRA GENIS Council Member City Attorney Thomas Duarte GARY MONAHAN Council Member KATRINA FOLEY 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 citv's website at www.costamesaca.aov. 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 cityclerk costa mesa ca. gov AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 1 v.2, 02/27/15 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 may be submitted to the City Clerk during the Public Comment period for non -agenda items, up to 6:40 p.m. or prior to the last speaker, whichever is earlier. Any speakers on non -agenda items not heard prior to 6:40 p.m. will be allowed to speak at the end of the meeting. Members of the public shall only address the City Council one time at any given meeting for non -agenda items. 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 counci12. 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 — March 3, 2015 — PAGE 2 v.2, 02/27/15 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 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 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 — 5:45 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE Council Member Foley 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.] Josh Harrison, ROCKHARBOR 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. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 3 v.2, 02/27/15 PRESENTATIONS: 1. Transportation Corridor Agency (TCA) — Update of the San Joaquin Hills refinancing. 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 during the Public Comment period for non -agenda items, up to 6:40 p.m. or prior to the last speaker, whichever is earlier. Any speakers on non -agenda items not heard prior to 6:40 p.m. will be allowed to speak at the end of the meeting. Members of the public shall only address the City Council one time at any given meeting for non -agenda items. 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. Council Member Foley 2. Council Member Genis 3. Council Member Monahan 4. Mayor Pro Tem Righeimer 5. Mayor Mensinger 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. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 4 v.2, 02/27/15 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. 2. READING FOLDER a. Claims received by the City Clerk: Christina Natividad. RECOMMENDATION: City Council receive and file. 3. WARRANT RESOLUTION NO. 2531 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-03 "A" FOR (-$4,716.45) AND 15-04 FOR $2,220,641.02; AND CITY OPERATING EXPENSES FOR $1,385,088.26; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID — Finance Department RECOMMENDATION: Approve Warrant Resolution No. 2531, to be read by the title only, and waive further reading. 4. ARTERIAL STREETS REHABILITATION PROJECT, CITY PROJECT NO. 13- 08 — Public Services Department/Engineering Division RECOMMENDATION: 1. City Council accept the work performed by R.J. Noble Company, and authorize the City Clerk to file the Notice of Completion; and 2. City Council 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. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 5 v.2, 02/27/15 5. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS OF OCTOBER 4, 2011, JULY 2, 2013, JULY 15, 2014; AND OCTOBER 7, 2014; MINUTES OF THE REGULAR CITY COUNCIL, COSTA MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY OF JULY 16, 2013; SPECIAL JOINT STUDY SESSION OF THE CITY COUNCIL AND PLANNING COMMISSION OF JANUARY 28, 2014; SPECIAL STUDY SESSION OF THE COSTA MESA CITY COUNCIL OF FEBRUARY 10, 2015; AND MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND SPECIAL AGENDA FOR THE HOUSING AUTHORITY, SPECIAL AGENDA FOR THE ORANGE COUNTY FAIRGROUNDS AUTHORITY, AND SPECIAL AGENDA OF THE PUBLIC FINANCING AUTHORITY OF FEBRUARY 17, 2015 — Chief Executive Officer's Department/City Clerk's Office RECOMMENDATION: City Council approve the minutes. 6. YEAR TWO OF THE SUPPORT PERIOD OF RIMINI STREET FOR ORACLE/ PEOPLESOFT SUPPORT SERVICES — Information Technology Department RECOMMENDATION: City Council authorize the City CEO to sign the Purchase Requisition for $115,855 with Rimini Street, Inc. (Rimini), to continue providing support for the City's Oracle/PeopleSoft products on Year Two of the Support Period commencing on March 19, 2015. 7. PROFESSIONAL SERVICES AGREEMENT TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR 216 -UNIT APARTMENT DEVELOPMENT AT 2277 HARBOR BOULEVARD — Development Services Department/Planning Division RECOMMENDATION: City Council award contract to First Carbon Solutions (FCS) in the amount of $59,929.00 for preparation of the Initial Study / Mitigated Negative Declaration (IS/MND) for the proposed 216 -unit apartment development at 2277 Harbor Boulevard; authorize Mayor and City Clerk to sign and execute the contract, and authorize CEO to sign extensions or renewals of the contract. The total number of units may increase to 224, if the easement to the north of the property (0.15 -acre in area) is vacated through a separate action by City Council. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 6 v.2, 02/27/15 8. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2015 ORANGE COUNTY MARATHON — Department of Public Services/Transportation Services Division RECOMMENDATION: City Council adopt the Resolution (Attachment 1) designating event routes for the 2015 Orange County (OC) Marathon and approve the temporary street closures (Attachment 1, Exhibit B) for May 3, 2015, as requested for the 2015 OC Marathon. 9. TIME EXTENSION REQUEST FOR THE ARLINGTON DRIVE BIOSWALE AND DRY WEATHER DIVERSION PROJECT — Public Services Department/ Engineering Division RECOMMENDATION: City Council approve a request for a twenty-four month extension request from the Orange County Transportation Authority (OCTA) for the Arlington Drive Bioswale and Dry Weather Diversion Project. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC HEARING OF THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA POLICE MANAGEMENT ASSOCIATION (CMPMA) — Chief Executive Officer's Department/Human Resources Division RECOMMENDATION: 1. City Council hold the first Public Hearing as required by COIN; and 2. City Council schedule the second and final Public Hearing as required by COIN for March 17th, 2015. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 7 v.2, 02/27/15 2. CODE AMENDMENT CO -15-01 —AMENDMENT TO TITLE 13, CHAPTER V, ARTICLE 2.5, RESIDENTIAL SMALL LOT SUBDIVISIONS, OF THE COSTA MESA MUNICIPAL CODE — Planning Division/Development Services Department RECOMMENDATION: City Council hold the Public Hearing and give the first reading of Ordinance 15- xx, to be read by title only and waive further reading, as recommended by the Planning Commission. OLD BUSINESS: 1. ADOPTION OF AN ORDINANCE AMENDING CHAPTER IV (SENIOR COMMISSION) OF THE COSTA MESA MUNICIPAL CODE INCREASING THE NUMBER OF MEMBERS OF THE SENIOR COMMISSION — Parks and Community Services Department RECOMMENDATION: City Council give second reading, to be read by title only, waive further reading, and adopt Ordinance No. 15-02, increasing the number of Senior Commissioners from five (5) to seven (7). NEW BUSINESS: 1. FINANCIAL & BUDGET POLICIES — Finance Department RECOMMENDATION: City Council adopt the attached financial and budget policies. 2. GENERAL FUND RESERVES STUDY — Finance Department RECOMMENDATION: 1. City Council approve a recommended reserves goal of $63,671,535; and 2. City Council approve a plan to add up to $2,000,000 per year to reserves until the City reaches the reserves goal of $63,671,535 in about ten years. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 8 v.2, 02/27/15 3. FISCAL YEAR 2014-15 MID -YEAR BUDGET REPORT — Finance Department RECOMMENDATION: 1. City Council approve allocation of the FY 2013-14 net budget variance: a. $2,000,000 to reserves b. $4,000,000 transfer to Capital Projects designated for capital facility projects; and 2. City Council approve recommended FY 2014-15 budget adjustments: a. Parks & Community Services b. Police Department c. Vehicle Replacement Fund 4. FAIRVIEW PARK USE SURVEY — Stephen M. Mensinger, Mayor RECOMMENDATION: City Council provide staff direction about conducting a City-wide survey to determine if Costa Mesa residents support the addition of sports fields on the southeast quadrant of Fairview Park among other park use questions. ITEMS REMOVED FROM THE CONSENT CALENDAR REPORT — CITY ATTORNEY ADJOURNMENT — To Regular Meeting — March 17, 2015, at 5:00 p.m. UPCOMING COMMUNITY EVENTS AND ACTIVITIES • Library/Neighborhood Community Center Workshop, Thursday, March 5, 2015 at 6:00 p.m., Costa Mesa Neighborhood Community Center, 1845 Park Avenue. • First Friday Road Show, Friday, March 6, 2015 from 5:30 p.m. — 8:30 p.m., Civic Center, 77 Fair Drive. AGENDA —REGULAR MEETING — March 3, 2015 — PAGE 9 v.2, 02/27/15 WARRANT RESOLUTION NO. 2531 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-03 "A" FOR (-$4,716.45) AND 15-04 FOR $2,220,641.02; AND CITY OPERATING EXPENSES FOR $1,385,088.26, 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 3rd day of March, 2015. ATTEST: ria. ..�.- BRENDA GREE 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. 2531 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3`d day of March, 2015, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: FOLEY, GENTS, MONAHAN, RIGHEIMER, MENSINGER 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 3`d day of March, 2015. V), " ! (- BRENDA BRENDA GREEN.' ITY CLERK CITY COUNCIL AGENDA REPORT MEETING DATE: March 3, 2015 ITEM NUMBER: CC -3 SUBJECT: ADOPTION OF WARRANT RESOLUTION DATE: February 23, 2015 FROM: Department of Finance FOR FURTHER INFORMATION CONTACT: Stephen Dunlvent at 714-754-5243 RECOMMENDATION: City Council adopt Warrant Resolution No. 2531 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.15-03 "A" for ($-4,716.45); Payroll No. 15-04 for $2,220,641.02; and City operating expenses for $1,385,088.26. STEPHENG�NIVEN�!/t/eu>r Interim Finance Director 1 Report7D: CCM2001V City of Costa Mesa Accounts Payable Page No. 1 CCM VOID CHECK LISTING Run Date Feb 12,2015 Bank: CITY Run Time 3:16:01 PM C cle: Payment Ref Cancel Date Status Remit To Remit ID Payment Date Payment Amt 0185846 02/11/2015 V Horizons Construction Co Intl Inc 0000022423 01/30/15 (105,593.93) Line Description Vendor rejected check. They wish to have separate checks for each project. Re -issued as requested. TOTAL ($105,593.93) 001 0-* 105,593.93- 2,3'35• 8+ 18,510.66+ X5,980'92+ 992,0;.90+ 2,701'1-44+ 946= 1611'47* End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: COM1 Run Time 1:54:04 PM Cycle: Ar'OMMI Payment Ref Date Status Remit To 000872 02/13/15 P Ware Disposal Inc Line Description: City Refuse Services Green Waste Services End of Report Remit ID 0000000255 Payment Amt 2,38548 TOTAL $2,385.48 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: DDP1 Run Time 2:15:36 PM Cycle: ADIRDP Payment Ref Date Status Remit To 003454 02/13/15 P Costa Mesa Employees Association Line Description: Payroll Deduction Check 1504 003455 02/13/15 P Costa Mesa Executive Club Line Description: Payroll Deduction Check 1504 003456 02/13/15 P Costa Mesa Firefighters Association Line Description: Payroll Deduction Check 1504 003457 02/13/15 P Costa Mesa Police Association Line Description: Payroll Deduction Check 1504 003458 02/13/15 P Costa Mesa Police Management Assn Line Description: Payroll Deduction Check 1504 End of Report Remit ID 0000006284 0000006286 0000001812 0000001819 Payment Amt 4,11226 180.00 5,478.40 8,640.00 0000005082 200.00 TOTAL $18,610.66 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 05,2015 Bank: CITY Run Time 7:02:18 PM Cycle: ni urko Payment Ref Date Status Remit To 0186169 02/05/15 P US Bank Line Description: Misc ProcurementCard Purchases End of Report Remit ID 0000002228 Payment Amt 35,980.92 TOTAL $35,980.92 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CIN Run Time 3:09:15 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0186170 02/13/15 P American Asphalt South Inc 0000023240 206,957.17 Line Description: City Project No 13-15 Retentions Payable Proj #13-15 0186171 02/13/15 P CJ Concrete Construction Inc 0000004857 19,880.65 Line Description: City Project No. 13-18 Retentions Payable Proj #13-18 0186172 02/13/15 P Civil Source 0000017030 88,765.00 Line Description: Staff Support-Nov/Dec 2014 Saffng@Industrial Way -Nov 14 Saffng@Industrial Way -Dec 14 0186173 02/13/15 P Costa Mesa Conference & Visitor Bureau 0000010346 236,056.92 Line Description: BIA Receipts for Dec 2014 0186174 02/13/15 P Horizons Construction Co Intl Inc 0000022423 62.915.70 Line Description: Landscape Enhancement #13-12 Retentions Payable Proj #13-12 Landscape Enhancement #13-12 Retentions Payable Proj #13-12 Landscape Enhancement #13-12 Retentions Payable Proj #13-12 Landscape Enhancement #13-12 Retentions Payable Proj #13-12 0186175 02/13/15 P Horizons Construction Co Intl Inc 0000022423 22,823.23 Line Description: Retention on Proj #13-17 Retention on Proj #13-17 0186176 02/13/15 P Horizons Construction Co Intl Inc 0000022423 19,855.00 Line Description: Construction Contract -CM Gatew Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM C cle: Payment Ref Date 0186177 02/13/15 0186178 02/13/15 0186179 02/13/15 0186180 02/13/15 Status Remit To Line Description: Construction Contract -CM Gatew Retentions Payable Prof #13-06 Retentions Payable Prof #13-06 P LSA Associates Inc Line Description: Initial Studies/Mitigated Nega P Ruiz Concrete & Paving Inc Line Description: Annual Curb & Gutter Repair P Southern California Edison Company Line Description: 885 Junipero 1/5-2/3/15 Volcom Skate Pk 1/5-2/3/15 2750 Fairview 1/5-2/3/15 SO Fwy On/Off 1/1-211/15 Sunflower/Plaza 1/1-2/1/15 Baker/Royal Palm 1/1-211/15 St Lights 12/30-1/29/15 NCC 12/30-1/29/15 1624 Gisler 1/2-212/15 3460 Smalley 1/2-212/15 3129 Harbor 1/2-2/2/15 DRC 12/31-1130115 702 Victoria 12/31-1130/15 702 1/2 Victoria 12/31-1130115 19th/Npr Blvd 111-2/1115 Nprt Fwy/Baker 1/1-2/1/15 Joann Bike Trial 1/1-2/1/15 CM Tennis Cntr 1/5-2/3/15 970 Arlington 1/5-2/3/15 980 Arlington 1/5-2/3115 1035 Park Crest 1/5-2/3/15 P Steadfast Contracting Inc Line Description: Sales Tax (8.00%) Remit ID 0000003007 0000022395 0000004088 0000021584 Payment Amt 22,105.09 18,440.00 96,706.03 29,809.58 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM C Cle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: WiFi Installation Senior Come 0186181 02/13/15 P AT & T 0000001107 1,379.22 Line Description: City Internet Router 1/2015 PD DSL Line 12127/14-1/26115 PD DSL 4 IT Staff12128114-1127 Contract Svcs 12/28114-1127115 PD Payphone 12128/14-1127/15 Estancia Park 113-2/2/15 Broadband Modem 113-2/2/15 Firewall FS#4 12/27114-1126/15 WSS Alarm 12/27/14-1/26/15 Firewall FS#6 12/27/14-1126/15 IT Network Firewall 1/3-212/15 0186182 02/13/15 P AT & T Mobility 0000001107 892.03 Line Description: Rec Cell Phone Usage 12/12/14 0186183 02/13/15 P Accountemps 0000006816 1,210.80 Line Description: Temp Svs-Budget 1126-1/30/15 0186184 02/13/15 P Affant Communication 0000013540 1,910.00 Line Description: Annual Maintenance/Monitoring Firewall Configuration & Imple 0186185 02/13/15 P Alans Lawnmower & Garden Center Inc 0000019220 488.06 Line Description: Back Pack Blower Gas Powered Equip Parts 0186186 02/13/15 P Albright Lighting Plastics LLC 0000014621 167.83 Line Description: Replacement Light Cover@BCC Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CIN Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To 0186187 02/13/15 P Allied Nationwide Security Inc Line Description: Security Svs@Sr Cntr1/2-1/15 0186188 02/13/15 P Allstar Fire Equipment Inc Line Description: Boots- Brown Boots/Gloves/Suspenders 0186189 02/13/15 P Andrea Pike Line Description: Refund Rec Receipt#2001639.002 0186190 02/13/15 P Ariel Supply Inc Line Description: Toner Cartidges Ink Color Printer Toner Cartidge Toner Cartidge 0186191 02/13/15 P AutoZone Line Description: Cr Return Items Engine/Motor Mount -#734 0186192 02/13/15 P Baker Party Rentals Line Description: CERT Graduation 0186193 02/13/15 P Bee Busters Inc Line Description: Bee Removal 0186194 02/13/15 P Bound Tree Medical LLC Line Description: Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies Remit ID 0000022698 0000000986 0000023235 0000006035 0000019364 0000010629 0000007572 0000011695 Payment Amt 1,121.30 1,719.24 446.00 677.56 65.11 •E ES 420.00 2,090.58 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To Remit ID 0186195 02/13/15 P CBE 0000015149 Line Description: Overage Charge 12/20-1/19 0186196 02/13/15 P CSG Consultants Inc 0000001887 Line Description: Building Plan Check -1 1129-12/26 0186197 02/13/15 P California Park & Recreation Society 0000005095 Line Description: CPRS Mbrshp 15-A Reyes 0186198 02/13/15 P Carol Pangbum 0000023239 Line Description: Refund Rec Receipt#2001651.002 0186199 02/13/15 P Chandler Asset Management 0000022081 Line Description: Investment Management Jan 15 0186200 02/13/15 P Christina Wallis 0000018623 Line Description: Refund Rec Receipt#2001649.002 0186201 02/13/15 P Cintas Document Management 0000016108 Line Description: Document Destruction -Jan 15 0186202 02/13/15 P Coast Transmission 0000001704 Line Description: Transmission Rebuild 0186203 02/13/15 P Costa Mesa Community Run 0000021583 Line Description: CM Comm Run 2015 Spnrshp Payment Amt 236.43 3,080.00 150.00 145.00 3,336.00 18.00 ►[16X67 2,116.40 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To Remit ID 0186204 02/13/15 P Costa Mesa Sanitary District 0000001821 Line Description: FY14-15 Sewer Assessments FY14-15 Sewer Assessments 0186205 02/13/15 P Craig Wildey 0000023229 Line Description: Rind Sbpn Dep #001-00263281 0186206 02/13/15 P Cristina Garcia 0000023157 Line Description: Refund Rec Receipt#2001654.002 0186207 02/13/15 P Damian Stafford 0000015578 Line Description Adv Disability Pymnt Feb 2015 0186208 02/13/15 P De Lage Landen Financial Sys 0000019172 Line Description: Copier Lease 1/15-2/14/15 0186209 02/13/15 P Delta Dental Insurance Co 0000001966 Line Description: Dental HMO Permium-Feb15 0186210 02/13/15 P Dennis Harris 0000002466 Line Description: Basketball Referee 2/2/15 Basketball Referee 1/26/15 0186211 02/13/15 P Diversified Waterscapes Inc 0000021248 Line Description: FP Wetlands -Electrical Panel 0186212 02/13/15 P Donna Lynn Haynes 0000001673 Line Description: Refund Rec Receipt#2001637.002 Payment Amt 12,642.94 100.01 100.00 1,072.38 148.15 2,855.28 lnm91111 850.00 92.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle' Payment Ref Date Status Remit To Remit ID Payment Amt 0186213 02/13/15 P Eleazar Chavez 0000010931 500.00 Line Description: Refund Rec Receipt#2001632002 Refund Rec Receipt#2001632.002 0186214 02/13/15 P Elizabeth A Markley 0000023213 1,301.30 Line Description: Instructor Pymnt-Summer/Fall14 0186215 02/13/15 P Elizabeth Dimovski 0000021713 108.00 Line Description: Refund Rec Receipt#2001629.002 0186216 02/13/15 P Employment Development Department 0000001543 6,683.00 Line Description: Unemployment 10/1-12/31/14 0186217 02/13/15 P Erick Munoz 0000023236 670.00 Line Description: Refund Rec Receipt#2001644.002 0186218 02/13/15 P Erin Curry 0000023237 250.00 Line Description: Refund Rec Receipt#2001645.002 0186219 02/13/15 P Fed Ex Corp 0000002190 120.09 Line Description: Ground Delvieries 0186220 02/13/15 P Ferguson Enterprises Inc 0000007785 20.80 Line Description: Seal Repair Kit 0186221 02/13/15 P Fisher Scientific 0000002232 527.05 Line Description: SCBA Repair 0186222 02/13/15 P Fleet Services Inc 0000002239 241.38 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To Line Description: Suspension Parts -#523 0186223 02/13/15 P GE Capital Line Description: Copier Lease 1/23-2/22/15 0186224 02/13/15 P Gails Speedometer Service Line Description: Speedometer Calibration -4752 0186225 02/13/15 P Glenns Alignment & Brake Service Line Description: Alignment -#140 0186226 02/13/15 P Government Staffing Services Inc Line Description: Temp Svs-Cont Mgnt 1/26-2/6 Temp Svs-Eng 1/26-2/6 0186227 02/13/15 P Grace Clavero Line Description: Refund Rec Receipt#2001647.002 0186228 02/13/15 P Grainger Line Description: Batteries/Double Eye Wash Stn 0186229 02/13/15 P Hosford & Hosford Inc ALC Line Description: Subpoena Dep Rfnd 001-00264144 0186230 02/13/15 P Icon Safety Co Inc Line Description: Oxygen Sensor 0186231 02/13/15 P Interstate Batteries of California Coast Line Description: Batteries Remit ID 0000021378 0000002293 0000002344 0000022422 0000023238 0000002393 0000023006 0000017665 0000002700 Payment Amt 183.18 15.00 145.00 5,302.50 30.00 100.96 20.99 MEW0 6'SYZ_1 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM C cle: Payment Ref Date Status Remit To Line Description: Batteries 0186232 02/13/15 P Interest Consulting Group Inc Line Description: Sr Bldg Inspctn Svs-Dec 14 0186233 02/13/15 P Jason Chamness Line Description: Field Ting Offcr Update 1/3-5 0186234 02/13/15 P Jays Designated Operator Services Line Description: Fule Pump DOS -Jan 15 Fuel Tank Repair @ FS #3 AQMD Fuel Testing Dipenser#2 Nozzle Replacement Diesel Nozzle @ FS#6 Diesel Nozzle Replace@FS #3 0186235 02/13/15 P Jesse Telles Line Description: Refund Dog License-AL19184 0186236 02/13/15 P Justin Horner Line Description: Paramedic License Renewl 0186237 02/13/15 P Kara Foster Line Description: Refund Rec Receipt#2001636.002 0186238 02/13/15 P Katherine Urey Line Description: Refund Rec Receipt#2001631.002 0186239 02/13/15 P Kelly Shelton Line Description: Refund Medicare Remit ID 0000021505 0000014287 0000022328 01111➢1A➢WA1 51 0000017579 0000023234 0000023233 0000021351 Payment Amt 12,154.50 68.16 2,623.51 55.00 011111111 64.00 95.00 6.94 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To 0186240 02/13/15 P Kellys Pool Service Line Description: DRC Pool Cleaning Jan 15 0186241 02/13/15 P Kevin Prijate[ Line Description: Refund Rec Receipt#2001646.002 0186242 02/13/15 P Keystone Uniforms OC Line Description: Uniform-Duesund Uniform -Phipps 0186243 02/13/15 P Kristin Underwood Line Description: Refund Pemit BX14-00479 0186244 02/13/15 P Leo Arnold Line Description: Background Investigation Srvcs Background Investigation Srvcs 0186245 02/13/15 P Liebert Cassidy Whitmore Line Description: Legal -General Legal -Personnel Matter Legal -Personnel Matter 0186246 02/13/15 P Los Angeles Times Line Description: Legal Notices for Planning Div RFP15-011 Security Cameras 0186247 02/13/15 P Lupe Candelario Line Description: Refund Rec Receipt 2001633.002 Remit ID 0000013443 0000013329 0000022280 0000023228 0000022194 0000002960 0000003000 LI6DI1➢YicYlir] Payment Amt 270.00 100.00 443.84 192.92 2,000.00 253.00 270.12 108.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CIN Run Time 3:09:15 PM Cycle, Payment Ref Date Status Remit To 0186248 02/13/15 P Lyssa Rae Miller Line Description: Refund Rec Receipt 2001648.002 0186249 02/13/15 P Mainor Arevalo Line Description: Refund Rec Receipt 2001638.002 0186250 02/13/15 P Mar Vac Electronics Corporation Line Description: Hardware Supplies 0186251 02/13/15 P Marc Kelly Line Description: Basketball Referee 2/2/15 0186252 02/13/15 P Maria France Line Description: Refund Receipt 002388 0186253 02/13/15 P Mariana Calderon Line Description: Refund Rec Receipt 2001642.002 0186254 02/13/15 P Mesa Consolidated Water District Line Description: 3015 E Mesa Verde 11/20-1/22 2921 E Mesa Verde 11/20-1/22 2969 E Mesa Verde 11/20-1/22 1795 Samar 11/20-1/22/15 2900 E Mesa Verde 11/20-1/22 3333 1/2 Bear 12/30-1/28 2800 Bear 12/30-1/28 3581 Harbor 12/30-1/28 3202 Harbor 12/30-1/28 33021/2 California 11/24-1/26 3302 Alabama 11/24-1/26 3377 California 11/24-1/26 1200 S Coast 11/26-1/27 Remit ID 0000023219 0000023220 DDUPD➢RAZ97 0000021379 0000010134 0000023221 0000003144 Payment Amt 71.00 700.00 IrAI&T-1 92.00 MINOR 250.00 13,903.47 2eport ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1: SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 Ph Cycle: A.WKI-Y Payment Ref Date Status Remit To Line Description: 1400 S Coast 11/26-1127 2750 Fairivew 12/30-1128 2400 Fairview 12/30-1128/15 2600 Fairivew 12130-1128 2229 Newport 12/30-1128 111 Fair 12/30-1/28 2501 Placentia 12/30-1/28/15 970 Arlington 12/30-1128 970 Arlington 12/30-1/28 3333 1/2 Bear 12/30-1128 360 Ogle 12/1-2/2/15 1648 182 Newport 1211-2/2115 257 E 16th 12/1-2/2115 257 E 16th 12/1-2/2/15 2341/2 E17th 12/2 21311 5 402 1/2 Broadway 12/3-2/4/15 195 112 Broadway 1213-2/3/15 1800 Newport 1213-213/15 134 1/2 E 19th 1214-214/15 140 1/2 E 17th 12/2-2/3/15 1400 Sunflower 12/30-1128/15 2621 1/2 Harbor 12/30-1/28 1450 S Coast 11/26-1/27/15 3300 Fairivew 11/26-1/27 1646 Corsica 11121-1/23/15 1646 Corsica 11/21-1/23/15 FS #3 11120-1122/15 1588 Elm 11/20-1/22 0186257 02/13/15 P Metro Car Wash Line Description: Car Washes & Special Svcs -PD Car Washes for City 0186258 02/13/15 P Michelle Rudaitis Line Description: Haz Mat Coordinator Jan 2015 Remit ID Payment Amt 0000003155 1,049.25 0000011656 10,650.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle, Payment Ref Date Status Remit To 0186259 02/13/15 P Moreno Valley RV 80670 Line Description: Refund Citation CM3140731036 0186260 02/13/15 P Mouse Graphics Line Description: Copies for Bldg Mod Projects Copies 4 Placentia Medians Prj 0186261 02/13/15 P National Institute of Governmental Line Description: 2015 Mbrshp for Purchasing 0186262 02/13/15 P Noack Trophy & Engraving Company Line Description: Mayor Name Tags 0186263 02/13/15 P O Neil Storage Line Description: HR Record Storage -Jan 2015 0186264 02/13/15 P O Reilly Automotive Inc Line Description: For Warehouse Floor Stock 0186265 02/13/15 P OCC Construction Inc Line Description: SFHR Grant 1590 Corsica-Gilber 0186266 02/13/15 P Office Max Incorporated Line Description: Office Supplies -Bldg Safety Office Supplies -Central Svcs Office Supplies -Construct Mgmt Office Supplies -Finance Admin Office Supplies -Fire Admin Office Supplies -Senior Center Office Supplies-TranspTrffcOps Office Supplies -Telecomm Remit ID 0000023214 0000001170 0000003308 0000003360 0000018395 0000002978 0000020326 0000020710 Payment Amt 55.00 380.39 345.00 48.60 70.73 355.88 5,672.00 4,044.66 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Office Supplies-RecYouthBsktbl Office Supplies-RecPlygmdProg Office Supplies -PD Records Office Supplies -HR Office Supplies -Fleet Services Office Supplies-FinanceTreasur Office Supplies-Dev Svcs Admin Office Supplies -City Clerk 0186267 02/13/15 P Orpak USA Inc 0000015894 2,697.35 Line Description: Upgrade Fuel Nozzles 0186268 02/13/15 P PSOMAS 0000009433 4,558.75 Line Description: Initial Study/Mitigated Negati 0186269 02/13/15 P Praxair 0000003672 18.94 Line Description: Industrial Acetylene 4 Fleet 0186270 02/13/15 P ProCare Work Injury Center 0000022662 135.00 Line Description: Paramedic Medical Exams 0186271 02/13/15 P Red Wing Shoes 0000003772 580.56 Line Description: Safety Shoes 4 Philip Willey Work Boots 4 Frank Barraza Work Boots for Daniel Jojola Work Boots for Nick Deutsch 0186272 02/13/15 P Rincon Truck Center Inc 0000013236 1,162.61 Line Description: Fuel Filters Brake Parts 0186273 02/13/15 P Robert Cash 0000023222 86.40 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Refund Rec Receipt 2001635.002 0186274 02/13/15 P Rochelle Whetton 0000023223 30.00 Line Description: Refund Bee Receipt 2001634.002 0186275 02/13/15 P Roto Rooter Service & Plumbing Company 0000003863 223.93 Line Description: Water Heater Leak Repair 0186276 02/13/15 P Ryan Walker 0000014100 35.10 Line Description: Refund Medicare 0186277 02/13/15 P SC Fuels 0000013839 1,082.89 Line Description- Diesel Fuel for Fire Sta#5 0186278 02/13/15 P Saddleback College Foundation 0000005035 310.00 Line Description: Paramedic Nall Registry Exam 0186279 02/13/15 P Safe Moves 0000023090 3,293.76 Line Description: Bicycle Education Services Bicycle Education Services Bicycle Education Services 0186280 02/13/15 P Sandra M Lozano 0000017494 83.66 Line Description: Crucial Conversation 1/22-1/23 0186281 02/13/15 P Service Champions 0000023226 51.00 Line Description: Business License Rfnd BL20935 0186282 02/13/15 P Shadi McMillan 0000004419 155.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To Line Description: Refund Rec Receipt 2001628.002 0186283 02/13/15 P SimplexGrinnell LP Line Description: Fire/Life/Safety Testing & Ins 0186284 02/13/15 P Smith Emery Laboratories Line Description: Redhill Rehab Prof Testing 0186285 02/13/15 P Sonia Sales Gutierrez Line Description: Refund Rec Receipt 2001650.002 0186286 02/13/15 P South West Floor Co Inc Line Description: Dance Floor Annual Refinish 0186287 02/13/15 P Southern California Gas Company Line Description: CNG Fuel -Jan 15 CNG Fuel -Jan 15 0186288 02/13/15 P Southern California Gas Company Line Description: FS #5 12/30-1130115 0186289 02/13/15 P Sparkleth; Line Description: Water Service for Civic Center Water Service for Finance 0186290 02/13/15 P Spectrum Gas Products Line Description: Oxygen Cylinder Rental-FS#4 Oxygen Cylinder Rental-FS#4 Oxygen Cylinder Rental-FS#5 Oxygen Cylinder Rental-FS#3 Oxygen Cylinder RentaLFS#2 Remit ID 0000011336 0000015809 0000021936 0000008705 0000004092 0000004092 0000015725 0000012653 Payment Amt 282.68 826.00 71.00 1,300.00 157.03 302.31 79.74 257.40 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM C cle: Payment Ref Date Status Remit To 0186291 02/13/15 P State of California Dept of Line Description: FDCWaterCostSharing1Oil 5-12/15 0186292 02/13/15 P Stickman Graphic Line Description: Van Graphic Decals -Unit #531 PD Decals for Unit #703 0186293 02/13/15 P Susan Saxe Clifford PHD Line Description: Psych Evaluation for PD 0186294 02/13/15 P Tata Newland Line Description: Refund Rec Receipt 2001641.002 0186295 02/13/15 P Taylor Voss Line Description: College Tuition Reimb Fa112015 0186296 02/13/15 P The Bank of New York Mellon Line Description: Admin Fee -2007 COP PD Exp Proj 0186297 02/13/15 P The Home Depot Credit Services Line Description: Misc Purchases for Dec 2014 0186298 02/13/15 P The Lighthouse Line Description: Strobe Tubes 0186299 02/13/15 P Theodore Robins Ford Line Description: Credit 4 Returned Compressor Fuel Sender Remit ID 0000023232 0000022587 [HrUPLUKi�BY BIQ�PUIKSiF7 LIQQ1DJEF-I t pI61141 DbY.YY! 0000002560 0000002964 0000004245 Payment Amt 1,782.80 1.165.45 103.00 1,250.00 2,040.50 2,958.31 f•LSlt N] 756.90 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date Status Remit To Line Description: Lamp for Unit#752 Motor Assembly for Unitft303 Alternator for Unit9195 Credit for Core Return -#195 Brake Pedal Pads -Supplies Lamp for Unit#718 Door Hinges Window Regulator for Unit#124 0186300 02/13/15 P Theodore Robins Ford Line Description: Body Repair/Paint for Unit#794 0186301 02/13/15 P Traveltech Enterprises Line Description: SrCntr Travel -5/18/15 LasVegas SrCntr Travel -6/16/15 Pechanga 0186302 02/13/15 P Urs Corporation Line Description: Initial Study/Mitigated Negati 0186303 02/13/15 P Veronica Lohr Line Description: Refund Ree Receipt 2001655.002 0186304 02/13/15 P Vincent Tucci Line Description: Subpoena Dep Rfnd 001-00267014 0186305 02/13/15 P Vision Internet Providers Inc Line Description: Web Hosting & Maint Jan 2015 0186306 02/13/15 P Vulcan Materials Company Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes Remit ID 0000004245 0000022894 0000023041 0000023224 0000014355 0000010175 0000007403 Payment Amt 1,433.71 300.00 7,305.50 100.00 IN -16R] 210.00 298.40 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:09:15 PM Cycle: Payment Ref Date 0186307 02/13/15 0186308 02/13/15 0186309 02/13/15 0186310 02/13/15 0186311 02/13/15 Status Remit To P Waterline Technologies Inc Line Description: Pool Chemicals for DRC Fittings for Chemical Feed P Waxie Sanitary Supply Line Description: Janitorial Supplies 4 CityHall Janitorial Supplies Dial 4 Men Hair & Body Soaps For Warehouse Floor Stock P West Coast Arborists Inc Line Description: Tree Maint 1/1-1/15/15 P Zee Medical Service Company Line Description: 1st Aid Supplies 4 New Corp Yd 1st Aid Supplies 4 Fleet Srvcs P Zoll Medical Corporation Line Description: Paramedic Supplies -ECG Paramedic Supplies -ECG End of Report Remit ID 0000014520 11I111411D11VU-IR 0000004498 0000004615 0000021290 Payment Amt 259.35 5,050.62 8,156.00 101.61 1,482.30 TOTAL $992,073.90 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 12,2015 Bank: CITY Run Time 3:28:25 PM Cycle: Arav Payment Ref Date Status Remit To 0186312 02/13/15 P CaIPERS Long -Term Care Program Line Description: Payroll Deduction Check 1504 0186313 02/13/15 P Came Beatteay Line Description: Payroll Deduction Check 1504 0186314 02/13/15 P Community Health Charities Line Description: Payroll Deduction Check 1504 0186315 02/13/15 P State of California Line Description: Payroll Deduction Check 1504 0186316 02/13/15 P State of California Line Description: Payroll Deduction Check 1504 0186317 02/13/15 P Tamra Williams Line Description: Payroll Deduction Check 1504 0186318 02/13/15 P Treasurer of Virginia Line Description: Payroll Deduction Check 1504 0186319 02/13/15 P United States Treasury Line Description: Payroll Deduction Check 1504 End of Report Remit ID 0000006287 0000023012 0000008015 0000001546 0000001546 0000002941 0000014648 Payment Amt 189.40 369.24 10.00 185.00 254.00 1,350.92 CZ:ici.Y�] 0000015556 85.38 TOTAL $2,707.44 Report ID: CCM2001 O City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Feb 12,2015 Bank: CITY Run Time 3:10:28 PM Cycle: AIA/Vi V Payment Ref Date Status Remit To 0186255 02/13/15 O Mesa Consolidated Water District 0186256 02/13/15 O Line Description: Overflow Mesa Consolidated Water District Line Description: Overflow End of Report Remit ID 0000003144 Payment Amt 0.00 0000003144 0.00 TOTAL 0_n0 Report ID: CCM2001 V City of Costa Mesa Accounts Payable Page No. 1 CCM VOID CHECK LISTING Run Date Feb 19,2015 Bank: CITY Run Time 3:40:45 PM C cle: Payment Ref Cancel Date Status Remit To Remit ID Payment Date Payment Amt 0181568 02/18/2015 V Philip C Price 0000021846 07/11/14 (312.00) Line Description: Check received but lost. Stop payment placed on 2/2/15 and check re -issued on 2/20/15. 0•* 312.00- 834.00- 10,656.95+ 429412.84+ 438,923.791, End of Report TOTAL ($312.00) Report ID: CCM2001V City of Costa Mesa Accounts Payable Page No. 1 CCM VOID CHECK LISTING Run Date Feb 19,2015 Bank: CITY Run Time 4:03:32 PM Cycle: oFnnn Payment Ref Cancel Date Status Remit To Remit ID Payment Date Payment Amt 0185758 02/19/2015 V Marilyn Dillman 0000022093 01/30/15 Line Description: Check never received. Stop payment placed on 2/18/15 and check re -issued on 2/20115. End of Report (834.00) TOTAL ($834.00) Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: COM1 Run Time 12:00:34 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 000873 02/20/15 P Apple One Employment Services 0000001055 1.622.87 Line Descnption: Temp Svs-Rec Admin 1/12-1/16 Temp Svs-Cntrl Svs 1/12-1116 000874 02/20/15 P CBE 0000015149 6,175.44 Line Description: Sales Tax (8.00%) Sharp Digital Imager 000875 02/20/15 P Fortel Traffic Inc 0000015480 1,926.00 Line Description: VCalm Upgrade/Field Labor 000876 02/20/15 P Smith Pipe & Supply Inc 0000004049 932.64 Line Description: Irrigation Supplies for Parks Irrigation Supplies for Parks TOTAL $10,656.95 End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0186320 02/20/15 P City of Huntington Beach 0000002599 20,440.00 Line Description: Helicopter SWVs-Dec 2014 0186321 02/20/15 P Dell Marketing LP 0000001963 19,839.06 Line Description: Dell EquallLogic Storage Drive Implementation Sales Tax (8,00%) Warranty 0186322 02/20/15 P O4S Secure Solutions Inc 0000022480 60,283.74 Line Description: Jail Facilities Svs-Dec 2014 0186323 02/20/15 P Orange County Humane Society 0000003442 18,289.50 Line Description: Kennel Fees for Dec 2014 Kennel Fees for Nov 2014 Kennel Fees for Jan 2015 0186324 02/20/15 P Orange County Treasurer Tax Collector 0000003489 44,248.50 Line Description: ParkingCitatnProcessing 1/2015 1stQtr2015 OCSD/Comm 800Mhz 0186325 02/20/15 P Oxygen Funding Inc 0000021411 26,78720 Line Description: Landscape & Turf Maint Jan2015 0186326 02/20/15 P Siemens Industry Inc 0000002904 25,678.75 Line Description: HVAC Maint & Repair2/1-4/30/15 Security Agreement Renewal 0186327 02/20/15 P 1st Jon Inc 0000018321 500.00 Line Description: Porte Patty Svc 4 FDC Trailer Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0186328 02/20/15 P AFLAC 0000012253 2,765.46 Line Description: Group Accident Premium-Jan15 Group Accident Premium-Feb15 0186329 02/20/15 P AT & T 0000001107 1,660.59 Line Descnption: Smallwood Park 1/6-2/5/15 RMATS Fire Sta#2 1/4-2/3/15 Outgoing Trunk Line 1/4-2/3/15 PD Emergency Line 1/4-2/3/15 DRC Alarm 1 /4-2/3/15 Firewall Fire Sta#3 1/4-2/3/15 Coal Line for PD 1l7-2/6/15 RMATS Fire Sta#1 1(7-2/6/15 TeWinkle Park 1/7-2/6/15 IT Computer Room 1/7-2/6/15 Cable TV DSL Line 1/4-2/3/15 Firewall Fire Sta#2 1/4-2/3/15 DID Trunk Line 1/4-2/3/15 Outgoing Trunk Line 1/4-2/3/15 0186330 02/20/15 P AT & T Mobility 0000001107 3,047-44 Line Description: CEO Cell Phone Usage 12/12/14 PS Cell Phone Usage 12/12/14 DS Cell Phone Usage 12/12/14 0186331 02/20/15 P AT & T Teleconference Services 0000001107 36.33 Line Description: TeleConference Srvcs-Dec 2014 0186332 02/20/15 P AW Direct Inc 0000008191 1,562.40 Line Description: Fuel Transfer Tank Sales Tax (8.00%) Pump Shipping Fee Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM cycle, Payment Ref Date Status Remit To 0186333 02/20/15 P Accountemps Line Description: Temp Svs-Budget 2/2-2/6/15 0186334 02/20/15 P Airgas USA LLC Line Description: Nitrile Exam Glove Sales Tax (8.00&) 0186335 02/20/15 P Albright Lighting Plastics LLC Line Description: BCC Light Diffusers 0186336 02/20/15 P Alexis Quinlan Line Description: Refund Rec Receipt#2001669.002 0186337 02/20/15 P All City Management Services Inc Line Description: Schl Crsng Guard Svs 1/4-1/17 0186338 02/20/15 P Allstar Fire Equipment Inc Line Description: Boats-Cathey Boots -Brown 0186339 02/20/15 P Alycia De Lucio Line Description Refund Rec Receipt#2001670.002 0186340 02/20/15 P Andrea Mullin Line Description: Refund Rec Receipt#2001672.002 0186341 02/20/15 P Andrew Harris Line Description: CERT-Mgnt 1 11/17-11/21/14 Remit ID 0000006816 0000018774 0000014621 0000023260 0000009480 0000000986 0000023259 0000009988 0000021289 Payment Amt 1,210.80 2,835.00 667.76 6'1:1019, 7,832.47 869.37 65.00 s�01n 11"Mi0 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle' payment Ref Date Status Remit To 0186342 02/20/15 P Aramark Correctional Services Inc Line Description: Jail Food Service 11/28-12/26 0186343 02/20/15 P Ariel Supply Inc Line Description: Toner Cartidges Toner Cartidges 0186344 02/20/15 P Asakura Robinson Cc LLC Line Description: Landscape & Irrigation Design 0186345 02/20/15 P Battery Specialties Line Description: Warehouse Stock 0186346 02/20/15 P Beach Emergency Medical Associates Line Description: Emrgncy Rm Exam-Serrato Emrgncy Run Exam -Purcell 0186347 02/20/15 P Bill Verderber Line Description: 2015 CEO Leadership Award 0186348 02/20/15 P Bound Tree Medical LLC Line Description: Paramedic Supplies Paramedic Supplies Paramedic Supplies 0186349 02/20/15 P Brian Royster Line Description: Refund Rec Receipt#2001664.002 Remit ID Payment Amt 0000013108 498.70 0000006035 281.61 0000023067 5,620.00 0000001214 1,466.55 0000023183 712.00 0000005625 250.00 0000011695 3,98133 0000023258 111.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM C cle: Payment Ref Date Status Remit To 0186350 02/20/15 P California Association of Code Line Description: Mngrl Leadership Trng-Gamboa 0186351 02/20/15 P California Forensic Phlebotomy Inc Line Description: Blood Test Svs-Jan 2015 0186352 02/20/15 P Cameron Sehat Line Description: Rind Subpoena Dep#001-00267186 0186353 02/20/15 P Canon Financial Services Inc Line Description: Document Fee Graphics Equipment -Jan 15 0186354 02/20/15 P Catherine Moroneso Line Description: Refund Rec Receipt#2001671.002 0186355 02/20/15 P Central Orange County Emergency Line Description: Vet Services 1/22/15 0186356 02/20/15 P Central United Life Insurance Co Line Description: Cancer Insurance Premium-Feb15 0186357 02/20/15 P Chandlers Air Conditioning & Line Description: NCC Rfrgtn Maint-Jan 15 0186358 02/20/15 P Christina Coggins Line Description: Refund Rec Receipt#2001661.002 Refund Rec Receipt#2001660.002 Remit ID 0000017307 GPDPIIA111.1 11 0000023252 0000023241 0000023257 0000001629 0000010626 0000001640 0000023256 Payment Amt 100.00 2,683.50 123.24 185.43 64.00 65.00 iC(:IiG1 T91111 129,00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0186359 02/20/15 P Cobblers Bench 0000001711 140.00 Line Description: Boots Resole-Hazell Boots Resole -Bates 0186360 02/20/15 P Commercial Door of Orange County Inc 0000004861 3,495.36 Line Description: Remove & Replace Doors/ Frames 0186361 02/20/15 P CopLogic Inc 0000000958 8,104.00 Line Description: DORS Sys Maint 12/15-12/14/15 0186362 02/20/15 P Costa Mesa Auto Glass 0000010001 688.40 Line Description: Windshield -#303 Fire Truck Windshield -#523 0186363 02/20/15 P Costa Mesa Lock & Key 0000001817 236.34 Line Description: Repair Lock PD Rear Enterance Re -Key Office 0186364 02/20/15 P County of Orange Health Care Agency 0000003488 305.00 Line Description: 2015 Pool Health Inspectn Fees 0186365 02/20/15 P Cristando House Inc 0000001872 558.00 Line Description: POST/STC Supervisory Update 0186366 02/20/15 P Crosstown Electrical & Data Inc 0000017487 1,650.00 Line Description: Fiber Optic Cable Repair 0186367 02/20/15 P Crystal Glass Inc 0000001885 156.68 Line Description: Mirrors 4 BCC Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To 0186368 02/20/15 P Dania[ Bangle Line Description: Paramedic License Renewal 0186369 02/20/15 P Daniel Miles Line Description: College Tuition Reimb=Fall 14 0186370 02/20/15 P Darren DeFluiter Line Description: College Tuition Reimb-Fall 14 0186371 02/20/15 P Data Ticket Inc Line Description: Prkng Citation Procesng-Dec 14 0186372 02/20/15 P De Lage Landen Financial Svs Line Description: Annual Copier Lease -Feb 15 0186373 02/20/15 P Dennis Harris Line Description: Basketball Referee 2/9/15 0186374 02/20/15 P Department Issue Inc Line Description: Uniform -Bates 0186375 02/20/15 P Department of Motor Vehicles Line Description: 500 Bicycle License Plates 0186376 02/20/15 P Diamond Environmental Services LP Line Description: Portable Handicap Restroom Remit ID 0000017521 0000006106 0000010929 0000019172 0000002466 0000005526 ;H1➢Ii14111W Y] 0000022294 Payment Amt 200.00 1,250.00 1,250.00 3,571.66 152.61 92.00 378.00 485.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0186377 02/20/15 P Discovery Benefits 0000021353 573.30 Line Description: Flexbl Spndg Admin Fee -Jan 15 0186378 02/20/15 P Donna Lynn Haynes 0000001673 76.00 Line Description: Refund Rec Receipt#2001659-002 0186379 02/20/15 P Eberhard Equipment Company 0000002078 399.83 Line Description: Tires -#138 0186380 02/20/15 P Ed Tomasek 0000018883 169.00 Line Description: Refund Rec Receipt#2001662.002 0186381 02/20/15 P Entenmann Rovin Company 0000002130 706.94 Line Description: Setlrement Badges Name Bars Name Bars 0186382 02/20/15 P Expo Propane Inc 0000017819 153.33 Line Description: Propane -Corp Yard 0186383 02/20/15 P Fed Ex Corp 0000002190 6.27 Line Description: Ground Delivery 0186384 02/20/15 P GIT Satellite LLC 0000019742 57.80 Line Description: Satellite Phone 12/20-1119115 0186385 02/20/15 P Galls LLC 0000002297 688.98 Line Description: Vet Cover -Williams Uniform -Potts Uniform -Johnson Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM C cle: 'ayment Ref Date Status Remit To Remit ID Payment Amt Line Description: Uniform-Shurley 0186386 02/20/15 P GeoScience Analytical Inc 0000023138 2,430M Line Description: 2025 Placentia Peer Review 0186387 02/20/15 P Glenn Lukos & Associates Inc 0000011626 7,239.68 Line Description: FP Biological Svs 11/29-119 0186388 02/20/15 P Government Staffing Services Inc 0000022422 8,215.00 Line Description: Temp Svs-Mgnt Anlys 1/26-2/6 Temp Svs-Prg Mgr 1/26-2/6/15 0186389 02/20/15 P Hanks Electrical Supplies 0000002445 174.66 Line Description: Electrical Supplies 0186390 02/20/15 P Hedy Carnett 0000023255 46.00 Line Description: Refund Rec Receipt#2001657.002 0186391 02/20/15 P Hercules Hardware LLC 0000023248 21425 Line Description: Blades/Sealing Tapes 0186392 02/20/15 P Huntington Beach Hospital 0000023185 574.90 Line Description: Emgncy Rm Visit 11/07/14 Emgncy Rm Visit 11/07/14 0186393 02/20/15 P Hyatt Legal Plans Inc 0000022383 1,911.00 Line Description: Pre -Paid Legal Svs-Feb 15 0186394 02/20/15 P Industrial Networking Solutions 0000022583 9,829.09 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM C cle: Payment Ref Date Status Remit To 385.00 0000002700 Line Description: Broadband Router 0000023251 9.08 Sales Tax (8.00%) 0186395 02/20/15 P Inka Grill 0000023253 76.00 Line Description: Refund Booking Fee 0186396 02/20/15 P International Society of Arboriculture Line Description: Mbrshp 15-D Kokesh 0186397 02/20/15 P Interstate Batteries of California Coast Line Description: Batteries 0186398 02/20/15 P Jade Tran Line Description: Rfnd Subpoena Dep#001-00267187 0186399 02/20/15 P Jeff Hurley Line Description: Refund Ree Receipt#2001599.002 0186400 02/20/15 P Johnstone Supply Line Description: FS #1 Exhaust Fan 0186401 02/20/15 P Joseph Schroeder Line Description: Refund Rec Receipt#2001656.002 0186402 02/20/15 P Juan Nunez Line Description: Refund Rec Receipt#2001667.002 0186403 02/20/15 P Karen D Sullivan Olson & Mark D Olson Line Description: Trip & Fall Settlement Remit lD Payment Amt 0000002143 280.00 0000002694 385.00 0000002700 919.51 0000023251 9.08 0000023254 111.00 0000008818 361.00 0000023253 76.00 0000022409 103.00 0000023227 12,000.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date 0186404 02/20/15 0186405 02/20/15 Status Remit To P Keolis Transit Services LLC Line Description: Senior Mobility Prog-Jan 15 P Keystone Uniforms OC Line Description: Uniform -Lewis Uniform Saar Uniform -Hermes Unifrom-Santibanez Uniform-Chartier Uniform -Hernandez Uniform -Bao Uniform-Chamness Uniform-Hemandez Uniform-Rotstein Unrform-Santibanez Uniform -Moore Uniform -Clements Uniform -Carboni Uniform -Jones Uniform-Novikoff Uniform -Reitz Uniform-Villazuela Uniform -Hermes Uniform-Beckner FTO Patches Uniform -Prince Uniform -Rodriguez Uniforms Torres Uniform-Tegel Uniform -Dance U n"rform-Peterson/Goerke Uniform -Ortiz Uniform-Soukhaseum Uniform -Rimmer Uniform-Tores Uniform -Diaz Remit ID 0000023165 0000022280 Payment Amt 6,557.85 14,033.70 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:49:23 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Uniform -Brock 0186407 02/20/15 P Kristina Cover 0000008114 121.00 Line Description: Hostage Nego 2/2-2/6/15 0186408 02/20/15 P LabMark Safety Distributors 0000001019 1,027.21 Line Description: Sales Tax (8.00%) Shipping Fee Syringe Containers 0186409 02/20/15 P Larrys Building Materials 0000002912 695.52 Line Description: Top Soil 4 Parks Div 0186410 02/20/15 P Lawrence P Shield 0000017089 234.00 Line Description: Softball Umpire 2/4-2/10/15 0186411 02/20/15 P LexisNexis 0000010987 153.00 Line Description: Online Legal Updates Dec 2014 0186412 02/20/15 P Liebert Cassidy Whitmore 0000002960 55.00 Line Description: Webinar Registration -L Chen 0186413 02/20/15 P Loomis 0000019082 832.57 Line Description: Armored Car Services Jan 2015 0186414 02/20/15 P Los Angeles Times 0000003000 558.61 Line Description: Legal Notices for City Clerk Legal Notices for Planning Div Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CIN Run Time 3:40:23 PM Cycle: AIA/vi v Payment Ref Date Status Remit To Remit ID Payment Amt 0186415 02/20/15 P MJ Jurado Inc 0000003445 900.00 Line Description: Canary Dr Stairs @ Fairview Pk 0186416 02/20/15 P Maintenance Superintendents Association 0000023152 75.00 Line Description 2015 Membership -Douglas Kokesh 0186417 02/20/15 P Mar Vac Electronics Corporation 0000003049 109.79 Line Description: Batteries 4 AutoFlush O Meters 0186418 02/20/15 P Mariela Burket 0000023244 43.50 Line Description Refund Citation CM2141215018 0186419 02/20/15 P Marilyn Dillman 0000022093 834.00 Line Description: Qrtly Retiree Med Ins Payment Qrtly Retiree Med Ins Payment 0186420 02/20/15 P Manx Brothers Fire Extinguisher Company 0000003073 330.06 Line Description: New CY Fire ExtinguisherRecert NCC Fire ExtinguisherRecert FS#4 Fire ExtinguisherRecert FS#3 Fire ExtinguisherRecert 0186421 02/20/15 P Matthew Bender & Co Inc 0000010987 118.18 Line Description: 2015 CA Labor Code for HR 0186422 02/20/15 P Matthew Hodroff 0000023243 25.00 Line Description: Refund Citation CM3140821006 0186423 02/20/15 P McMaster Carr Supply Company 0000003118 323.67 Line Description: Fuel Meter, Air Regulator, etc Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To 0186424 02/20/15 P Mesa Art & Framing Line Description: DJ 4 Committee Summer Bash 0186425 02/20/15 P Michael Griffiths Line Description: Refund Rec Receipt 2001663.002 0186426 02/20/15 P Miguel Labrada Line Description: Refund Citation CM3150119003 0186427 02/20/15 P National Tactical Officers Association Line Description: 2015 NTOA Membership 0186428 02/20/15 P Newport Mesa Unified School District Line Description: Reimb 4 PropertyTax-BCC Lease 0186429 02/20/15 P Occu Med Line Description: Pre -Employment Exam Evaluation 0186430 02/20/15 P Office Max Incorporated Line Description: Office Supplies -Bldg Safety Office Supplies -City Clerk Office Supplies -Eng St Improve Office SuppliesTreasuryMgmt Office Supplies-TranspTrffcPln Office Supplies-PublicSvcsAdmn Office Supplies -PD Records Office Supplies -PD Prop & Evid Office Supplies -PD Investigtns Office Supplies -HR Office Supplies -Fire Admin Office Supplies -Finance Admin Remit ID D➢I�IQ4�YkLPP 0000023246 0000023242 0000003306 0000003339 0000003388 0000020710 Payment Amt 200.00 111.00 43.50 150.00 2,023.21 4,364.00 4,550.03 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM C cle: AM/W1 V Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Office Supplies-Dev Svcs Admin Office Supplies -CEO 0186431 02/20/15 P Orange County Probation Department 0000003491 402.50 Line Description: Juvenile Court Work Prog Dec20 0186432 02/20/15 P Orange County Sheriffs Dept 0000003451 240.00 Line Description: PostTrng-Field Ting Offcr3/2-6 0186433 02/20/15 P Orange County Treasurer Tax Collector 0000003489 1,252.00 Line Description: Teletype Service -Jan 2015 0186434 02/20/15 P PAPA Pesticide Applicators Professional 0000003546 45.00 Line Description: 2015 Membership -Douglas Kokesh 0186435 02/20/15 P PAPA Pesticide Applicators Professional 0000003546 160.00 Line Description: PAPA Seminar Anaheim -BH PAPA Seminar Anaheim -GC 0186436 02/20/15 P Philip C Price 0000021846 546.00 Line Description: Softball Umpire 6/20-6/27/14 Softball Umpire 2/13/15 Softball Umpire 2/4-2/6/15 Softball Umpire 6/20-6/27/14 0186437 02/20/15 P Phone Supplements Inc 0000003625 168.33 Line Description: Headsets & Starset 4 Controllr 0186438 02/20/15 P Public Safety Center Inc 0000013162 1,031.18 Line Description: Marijuana Test Reagent Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CIN Run Time 3:40:23 PM Cycle: 'ayment Ref Date Status Remit To Line Description: Meckes Sales Tax (8.00%) Reagent Sales Tax (8.00%) Shipping Fee 0186439 02/20/15 P Pyxis Water Systems Inc Line Description: Tewinkle Park Lakes Prev Maint 0186440 02/20/15 P Rand Foster Line Description: Softball Umpire 2/2-2/9/15 Refund Rec Receipt 2001668.002 0186441 02/20/15 P Raymond Handling Solutions Inc Line Description: Warehouse Forklift Maint 0186442 02/20/15 P Ricoh USA Inc Line Description: CEO Copier Lease Feb 2015 0186443 02/20/15 P Rincon Truck Center Inc Line Description: Credit for Core Return Engine Sensor 0186444 02/20/15 P Roto Rooter Service & Plumbing Company Line Description: Unclog Mens Toilet @Lions Park 0186445 02/20/15 P Ryan Dennee Line Description: Refund Rec Receipt 2001653.002 0186446 02/20/15 P SC Fuels Line Description: Diesel Fuel for Fire Sta#2 Remit ID 0000015837 0000010791 n14161610 cr�a [41111111P)Rifl 0000013236 0000003863 16bI1➢I13*1001 0000013839 Payment Amt 2,275.00 205.00 77.00 112.92 1:x11011 16251 tLi'. 111 1,843.03 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CIN Run Time 3:40:23 PM Cycle' Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Diesel Fuel for Fire Sta#3 0186447 02/20/15 P SLA Corporation 0000022425 754.46 Line Description: 2015 ESChat AnnualSubscription 0186448 02/20/15 P Santa Ana College 0000003752 1,996.40 Line Descnption: Post Trng-3 Recruits 0186449 02/20/15 P Schorr Metals Inc 0000015336 190.05 Line Description: Metal & Fabrication Supplies 0186450 02/20/15 P Scientia Consulting Group Inc 0000021410 4,923.50 Line Description: IT Consultant 12/28/14-1/10/15 0186451 02/20/15 P Sierra Java Inc 0000004027 91.35 Line Description: Coffee Supplies 4 City Council 0186452 02/20/15 P SimplexGrinnell LP 0000011336 169.61 Line Description: Fire/Life/Safety Testing-SrCtr 0186453 02/20/15 P Smart & Final 0000004044 75.86 Line Description: Fire Explorer Acad Supplies 0186454 02/20/15 P Solar One Solutions Inc 0000023126 5,375.16 Line Description: Monument Sign Lighting Sales Tax (8.00%) Shipping Fee 0186455 02/20/15 P Southern California Edison Company 0000004088 14,321.69 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CIT' Run Time 3:40:23 PM Cycle: Payment Ref Date Status Remit To Line Description: Park Maint 1/8-2/6/15 360 Ogle 1113-2/11115 Medians 1/5-2/6/15 Signals 1/8-2/6/15 1587 Sunflower 119-2/9/15 BCC 1/8-2/6/15 350 Bristol 1112-2/10116 3191 Red Hill 1/12-2/10/15 782 Shalimar 1/9-2/9/15 3192 Red Hill 1/12-2/10/15 2293 Canyon Dr 1/8-2/6/15 567 W 18th 1/5-2/6/15 0186456 02/20/15 P Sparkletts Line Description: Water Service for Fire 0186457 02/20/15 P Spok Inc Line Description: Emerg Response Paging System 0186458 02/20/15 P Sprint Line Description: PD Cell Phone Usage 0186459 02/20/15 P State of California Dept of Justice Line Description: Fingerprint Apps for Jan 2015 0186460 02/20/15 P Stericycle Inc Line Description: PD BiohazardDisposal Feb-Apr15 0186461 02/20/15 P Steve Clever Line Description: Softball Umpire 2/4-2/5/15 Softball Umpire 2/11-2/12/15 0 Remit ID 0000015725 0000023059 0000015635 0000001534 0000005564 0000010800 Payment Amt f MIR 124.74 228.60 539.00 239.01 19iPArD1 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0186462 02/20/15 P Street Tree Seminar Inc 0000006588 30.00 Line Description: 2015 Membership -Douglas Kokesh 0186463 02/20/15 P The UPS Store #0247 0000012655 36.44 Line Description: Shipping Fees for PD 0186464 02/20/15 P Time Warner Cable 0000011202 3,451.99 Line Description: Equipment Fees 1/16-2115115 Internet Services 2117-3/16/15 Internet Services 2118-3117115 Internet Services 2/17-3/16/15 Internet Services 2/18-3/17115 0186465 02/20/15 P Tonys Locksmith & Safe 0000022638 11,625.56 Line Description: Sales Tax (8.00%) Wilson Park - Restroom Door Lo Fairview Park Restroom Lock Re Sales Tax (8.00%) 0186466 02/20/15 P Verizon Wireless 0000008717 5,850.79 Line Description: PD Cell Phone Usage 12/16/14 Verzon Managed Broadband Svs, 0186467 02/20/15 P Verizon Wireless 0000008717 4,186.10 Line Description: Verizon Broadband with Air Car 0186468 02/20/15 P Vic Duong 0000011215 78.00 Line Description: Softball Umpire 2/3115 0186469 02/20/15 P Vince De Vita 0000023247 103.00 Line Description: Refund Rec Receipt 2001666.002 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 20 SUMMARY CHECK REGISTER Run Date Feb 19,2015 Bank: CITY Run Time 3:40:23 PM Cycle: Payment Ref Date 0186470 02/20/15 0186471 02/20/15 0186472 02/20/15 Status Remit To P Waxie Sanitary Supply Line Description_ Sr Center Janitorial Supplies Sr Center Janitorial Supplies P Wayne Ritchie Line Description Softball Umpire 2/5-2/11/15 P White Nelson Diehl Evans LLP Line Description: Final Audit Bill for FY13-14 End of Report Remit ID 0000004480 0000022963 Payment Amt 350.18 234.00 0000004228 1.000.00 TOTAL $429,412.84 Report ID: CCM20010 City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Feb 19,2015 Bank: CITY Run Time 3:40:36 PM Cycle: A.WKLY Payment Ref Date Status Remit To 0186406 0220115 O Keystone Uniforms OC Line Description: Overflow End of Report Remit ID 0000022280 Payment Amt M TOTAL 000 Cl T Y COUNCIL A GENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: CC -4 SUBJECT: ARTERIAL STREETS REHABILITATION PROJECT, CITY PROJECT NO. 13-08 DATE: FEBRUARY 19, 2015 FROM: PUBLIC SERVICES DEPARTMENT / ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER, (714) 754-5335 13Mt1r% 1ARACAIPI A-rl^Kl- 1. Accept the work performed by R.J. Noble Company, and authorize the City Clerk to file the Notice of Completion. 2. 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. BACKGROUND: On September 3, 2013, a construction contract in the amount of $933,305.00 was awarded to R.J. Noble Company, 15505 East Lincoln Avenue, Orange, CA 92865. This project consisted of localized reconstruction of damaged pavement sections; mill and overlay of the streets with asphalt rubber hot mix; and other work necessary to complete the project in accordance with the contract documents. A map of the streets rehabilitated under this project is included as Attachment "1 ". Before Improvements Improvements Completed 1 ANALYSIS: The work required by the contract documents was completed on February 3, 2015, to the satisfaction of the City Engineer. The final contract cost amounted to $932,789.71. A report of the final costs is included herein as Attachment 2. A summary of the costs is as follows: Original Contract Cost: Final Quantity Adjustments: Final Contract Cost: $933,305.00 ($515.29) $932,789.71 The final contract price reflects a less than one -percent (1.0%) decrease to the original contract as a result of the final quantity adjustments. As of this date, there are no Stop Notices filed against the monies due to R.J. Noble Company. ALTERNATIVES CONSIDERED: There were no alternatives considered for this item. FISCAL REVIEW: This project was funded from available Measure M2 and Gas Tax funds. LEGAL REVIEW: There is no legal review required on this item. CONCLUSION: The Arterial Streets Rehabilitation Project, City Project No. 13-08 has been completed. It is recommended that the City Council authorize staff to file the Notice of Completion; release the remaining retention monies 35 days after the Notice of Completion filing date; and release the bonds accordingly. ERNESTO MUNOZ Public Services Director ATTACHMENTS: 1- Project Map 2- Cost Summary FARIBA FAZELI City Engineer DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Staff File 2 ICITY OF COSTA MESA XT.S, ARTERIAL STREETS REHABILITATION PROJECT CITY PROJECT #13-08 H z w � N J En 1 m 31 Di o HUDSON AV. ' I �EGYAV, DR. Y a O O W a w 81 1 Li UA 0"'LEVENSAV.STEVENS AV, AV.m STEVENS P.V. w z w U 4 Q w DR. 4 O z� } <C BLVD. SAN DIEGO FREEWAY STURCE:ON DR. "�"�� N RIERPOPJ7 DR. q'�AO o rfOo � z PAAROUEfTE MAPJIS7EE DR. A 4 Q -' CIR. m RAND HAVI N QJ CIR. CITY OF COSTA MESA FOR PAYMENT ON THE WARRANT LIST OF 2/6/15 DATE: 02/03/15 FINAL Payment to: R. J. NOBLE PAGE: 1 OF 3 15505 E. LINCOLN AVE., ORANGE, CA 92865 PROJECT: ARTERIAL STREETS REHABILITATION PROJECT City Project No. 13-08 ITEMBID NO QUANTITY DESCRIPTION UNIT PRICE PREVIOUS QUANTITY QUANTITY THIS ESTIMATE TOTAL QUANTITY TO DATE PREVIOUS AMOUNT AMOUNT THIS EST TOTAL TO DATE CONTRACT PRICE 1 1 I LS MOBILIZATION F4,000.00 100.00 % 0.00 % 100.00 % $34,000.00 $0.00 $34,000.00 $34,000.00 2(F) 69,200 SF COLD MILL 2" DEPTH $0.15 423,237.00 SF 0.00 SF 423,237.00 SF $63,485.55 $0.00 $63,485.55 $10,380.00 3 361,000 SF COLD MILL W DEPTH $0.15 0.00 SF 0.00 SF 0.00 SF $0.00 $0.00 $0.00 $54,150.00 4 280 CY UNCLASSIFIED EXCAVATION (ROADWAY ONLY FOR PARTIAL DIGOUTS UP TO 8") $34,00 0.00 CY 0.00 CY 0.00 CY $0.00 $0.00 $0.00 $9,520.00 5 5,650 TON ASPHALT RUBBER HOT MIX (ARHM) SURFACE COURSE $80.00 5,261.15 TON 0.00 TON 5,261.15 TON $420,892.00 $0.00 $420,892.00 $452,000.00 6 2,200 TON IASPHALT CONCRETE AC LEVELING COURSE $78.00 824.42 TON 1,123.08 TON 1,947.50 TON $64304.76 $87,600.00 $151,904.76 $171,600.00 7 450 TON 6" THICK A.C. BASE COURSE AT VARIOUS LOCATIONS FOR PARTIAL DIGOUTS AS DIRECTED BY ENGINEER $67.00 0.00 TON 0.00 TON 0.00 TON $0.00 $0.00 $0.00 $30,150.00 8 21 EA ADJUST MANHOLE FRAME AND COVER TO GRADE $550.00 31.00 EA 0.00 EA 31.00 EA $17,050.00 $0.00 $17,050.00 $11,550.00 9 37 EA ADJUST WATER VALVE CAN AND COVER TO GRADE $525.00 31.00 EA 0.00 EA 31.00 EA $16,275.00 $0.00 $16,275.00 $19,425.00 10 1 FA PROJECT MANAGEMENT $75,000.00 0.00 FA 0.00 FA 0.00 FA $0.00 $0.00 $0.00 $75,000.00 11 1 1 LS ITRAFFIC CONTROL $18,000.00 100.00 % 0.00 % 100.00 % $18,000.00 $0.00 $18,000.00 $18,000.00 12 30 EA BLUE "FIRE HYDRANT' RAISED PAVEMENT MARKERS $11.00 0.00 EA 0.00 EA 0.00 EA $0.00 $0.00 $0.00 $330.00 13 1 LS LANE MARKINGS, LANE STRIPES, PAVEMENT LEGENDS, AND RAISED PAVEMENT MARKERS $35,000.00 100.00 % 0.00 % 100.00 % $35,000.00 $0.00 $35,000.00 $ 35,000.00 14 61 EA INSTALL TRAFFIC LOOP DETECTORS 200.00 159.00 EA 0.00 EA 159.00 EA 31 800.001 $0.001 131,800.00 12 200.00 TOTAL: $700,807.311 $87,600.001 $788,407.31 $933,305.00 CHANGE ORDERS CO 1 1 1 LS Additional Work as follow: to 1 LS R&R in Pavement Lighting Fixtures $14,000.00 100 % 0 % 100 % $14,000.00 $0.00 $14,000.00 1B 1 LS Supervision/Traffic Control $1,995.00 100 % 0 % 0 % $1,995.00 $0.00 $1,995.00 IC 70,831.5 SF 4" Cold Mill $0.33 70,831.52 SF 0 SF 70,831.52 SF $23,374.40 $0.00 $23,374.40 ID 903.4 TON Ra lace 2 AC with Fiber $98.00 903 TON 0.0 TON 903 TON $88,533.20 $0.00 $88,533.20 1 E 9,975.0 SF Santa Ana - 2 Cold Mill 7' Wide $0.28 9,975 SF 0 SF 9,975 SF $2,793.00 $0.00 $2,793.00 1B 139 TON Santa Ana -2"ACPaving $80.00 139.21 TON0 TON 0 TON $11136.80 $0.00 $11,136.80 1 C 17 000.0 SF Santa Ana - Install Petromat $0.15 17,00 SF 0 SF 17 000 SF $2,550.00 $0.00 $2,650.00 CHANGE ORDER NO. 1: $144,382.40 $0.00 $144,382.40 TOTAL: $845,189.71 $87,600.001 $932,789.71 $933,305.00 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY October 4, 2011 CALL TO ORDER CC -5 The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. ROLL CALL Council Members Present: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Council Members Absent: Council Member Bever CALL TO ORDER (00:00:15) PLEDGE OF ALLEGIANCE (00:00:27) — Led by Mayor Pro Tem Righeimer MOMENT OF SOLEMN EXPRESSION (00:00:50) Pastor Dave Manne, Calvary Chapel ROLL CALL (00:02:40) Present: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Absent: Council Member Bever Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Interim Development Services Director Khanh Nguyen, Interim Public Services Director Ernesto Munoz, Interim Public Affairs Manager Dan Joyce, and City Clerk Julie Folcik. ANNOUNCEMENTS (00:02:54) Mayor Monahan presented Costa Mesa Community Announcements, and the "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:08:15) Dan Joyce, Costa Mesa Community Run presentation Minutes — Regular Meeting -- October 4, 2011 - Page 1 UNOFFICIAL UNTIL APPROVED PUBLIC COMMENTS (00:14:06) Perry Valantine, Costa Mesa, spoke about responses to public comments posted on the City's website; business tax; Pop Warner website; and contracting and subcontracting of legal services. (00:14:31) Belle Solis, Tustin, Program Coordinator for the Orange County Chapter of Mother's Against Drunk Driving (MADD), spoke about drunk driving education, funding, and enforcement. (00:17:19) Mary Beth Griffin, Tustin, spoke on behalf of the Orange County DUI Task Force requesting the Council vote in support of the STEP Grant; spoke on sobriety check points; and STEP Grant funds. (00:20:43) Andrew Gabell, Orange, spoke on his company, Skitfink Productions. (00:23:39) Lisa Knowles, Costa Mesa, spoke on the Wild West Casino Night hosted by the Harbor Mesa Lions Club. (00:26:58) Jason Piazza, Costa Mesa, stated the need for a soccer league; and expressed opposition in outsourcing City services. (00:28:23) James Proctor, Costa Mesa, commented on student volunteers; homeless issues; movie nights at The Lab; water sustainability; economic growth in adjacent cities; and unions. (00:31:23) Robin Leffler, Costa Mesa, spoke on the ex -parte communication ordinance that was not approved. (00:33:34) Beth Refakes, Costa Mesa, spoke on equipment upgrade; and 19th Street Bridge concerns. (00:36:27) Sandra Genis, Costa Mesa, spoke about responses to public comments; staff attendance at OC Fair Board and other public meetings; Pacific Amphitheatre renovations; the 19th Street Bridge; and the Coastal Commission meeting. (00:38:59) Tamar Goldmann, Costa Mesa, commented on budget measures. (00:42:07) Tom Pollitt, Costa Mesa, commented on balancing the budget; workers' compensation; Costa Mesa unions; and unfunded pension liability. (00:45:24) Jeff Cullen, Costa Mesa, spoke about balancing the budget; costs associated with the association and police helicopter lease; and the drastic measures to cut jobs and pensions. (00:48:31) Mayor Pro Tem Righeimer clarified the helicopter costs have been reduced. (00:50:59) Minutes -- Regular Meeting — October 4, 2011 - Page 2 UNOFFICIAL UNTIL APPROVED Sue Lester, Costa Mesa, expressed on Council Member Bever's attendance at City Council meetings; and litigation. (00:52:15) Cindy Brenneman, Costa Mesa, spoke on Breast Cancer Awareness Month. (00:55:29) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (00:58:15) CEO Hatch spoke on moving the CEO Report up on the agenda; police helicopter; budget; payroll audit; study sessions; 19th Street Bridge; efficiency measures at City Hall; budget policies; audit response; conflict of interest concerning a council member; outside attorneys; and staff attendance at OC Fair Board meetings. (00:58:17) REPORT — CITY ATTORNEY --- NONE (01:12:08) CONSENT CALENDAR (01:12:10) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 12 except for Items 1, 2, 3, 8, 9, 10, 11, and 12. MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 4. WARRANT RESOLUTION 2389: 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 $364,136.72. ACTION: Approved. 5. PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING, 121 NORTH HARWOOD STREET, ORANGE, FOR DESIGN SERVICES FOR ALLEY NO. 122 (PROJECT "A") AND ALLEYS NOS. 28, 29, 30, 31 (PROJECT "B") REHABILITATION PROJECT, IN THE AMOUNT OF $61,413. ACTION: Approved; authorized the Mayor and the City Clerk to sign. Minutes — Regular Meeting — October 4, 2011 - Page 3 UNOFFICIAL UNTIL APPROVED 6. COMPLETION OF 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLEY IMPROVEMENT PROJECT -- BAY STREET ALLEY NO. 40 (PROJECT "A") AND FORD ROAD ALLEY NO. 41 (PROJECT "B"), CITY PROJECT NO. 11-02, BY GOLDEN STATE CONSTRUCTORS, INC., 6162 GALIPEAN DRIVE, HUNTINGTON BEACH. ACTION: Accepted work; authorized City Clerk to file a Notice of Completion and to release retention monies 35 days thereafter; exonerate the Labor and Material Bond seven (7) months thereafter; and exonerate the Faithful Performance Bond twelve (12) months thereafter. 7. WITHDRAWN FROM AGENDA ITEMS REMOVED FROM THE CONSENT CALENDAR (01:13:07) 1. READING FOLDER a. Claims received by the City Clerk: David Haragan on behalf of EAN Holdings, LLC; Raymond Gregory. b. Requests for Alcohol Beverage Control licenses: Tastebuds, 130 E. 17th Street, Suite M -P and Z Cafe, 3333 Bear Street, Suite 316. Robin Leffler, Costa Mesa, expressed concern over the number of liquor licenses issued. (01:13:18) Mayor Monahan clarified that State ABC has authority over these issues; and placement of items on the Council agenda is informational. (01:13:55) Eleanor Egan, Costa Mesa, in reference to Tastebuds, opined that area does not need another bar; and stated ABC should know the City's concerns. (01:14:20) Sandra Genis, Costa Mesa, spoke about a finding of public convenience. (01:14:44) MOTIONISECOND: Mayor Monahan/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Received and filed. Minutes — Regular Meeting -- October 4, 2011 - Page 4 UNOFFICIAL UNTIL APPROVED 2. REGULAR MEETING OF SEPTEMBER 6, 2011. (01:15:21) Discussion ensued regarding changes to the format of the minutes. (01:15:23) Sandra Genis, Costa Mesa, spoke on the availability of the minutes to the public. (01:17:40) Robin Leffler, Costa Mesa, spoke in support of a public hearing regarding the format of the minutes. (01:19:00) MOVED/SECOND: Mayor Monahan/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Continue to the next meeting. 3. WARRANT RESOLUTION 2388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 11-19 AND PAYROLL REGISTER NO. 11-18A AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, FUNDING PAYROLL NO. 11-19 FOR $2,128,843.60 AND PAYROLL NO. 11-18A FOR $1,313.79, AND CITY OPERATING EXPENSES FOR $671,691.16, INCLUDING PAYROLL DEDUCTIONS. (01:20:10) Discussion ensued regarding payments to Management Partners and reassessment of the contract; and a payment to Newport -Mesa Unified School District for bus transportation. (01:20:12) MOTION/SECOND: Mayor Monahan/Council Member Leece The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Approved Minutes -- Regular Meeting — October 4, 2011 - Page 5 UNOFFICIAL UNTIL APPROVED 8. PARTICIPATION IN THE ORANGE COUNTY CHAPTER TRAUMA INTERVENTION PROGRAM (TIP). (01:26:01) Rick Kapok, Costa Mesa, spoke in support of TIP. (01:26:20) Cindy Brenneman, Costa Mesa, spoke in support of TIP. (01:28:33) MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: 1. Approved and authorized the Chief Executive Officer or his designee to sign; and 2. Approved and authorized the Mayor to sign Budget Adjustment No. 12-005 for $10,000. 9. REQUEST FOR PROPOSAL (RFP) FOR ANIMAL CONTROL SERVICES. (01:31:17) Robin Leffler, Costa Mesa, spoke about the placement of RFPs on the agenda, and the cost of writing and analyzing the RFPs. (01:31:32) Sandra Genis, Costa Mesa, spoke on Animal Control personnel, animal license fee increase, and special event policing. (01:34:13) Jay Humphrey, Costa Mesa, spoke on providers at a lower cost. (01:36:49) MOTION: Authorize staff to release the RFP MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer Council Member Leece spoke on contracting with the County of Orange; proposal submission; evaluation criteria; budget process; and stated she would not be supporting the motion. (01:39:30) Mayor Pro Tem Righeimer spoke on savings; outsourcing; employees; budget; and stated he will be supporting this, and all the following, motions. (01:45:57) Minutes — Regular Meeting — October 4, 2011 - Page 6 10. 11 UNOFFICIAL UNTIL APPROVED The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 REQUEST FOR PROPOSAL (RFP) FOR STREET AND STORM DRAIN MAINTENANCE SERVICES. (01:51:10) Robin Leffler, Costa Mesa, spoke on the cost of services. (01:51:26) Sandra Genis, Costa Mesa, spoke on level of service, and combination of items in the RFP. (01:54:27) Tamar Goldmann, Costa Mesa, spoke on the budget, and outsourcing. (01:56:15) Jeff Cullen, Costa Mesa, spoke on outsourcing. (02:00:35) MOTION: Authorize staff to release the RFP MOVEDISECOND: Mayor Monahan/Mayor Pro Tem Righeimer Council Member Leece stated she would not be supporting the motion; and spoke on pension, unfunded liability, and outsourcing. (02:03:36) Mayor Monahan commented on unfunded liability; RFPs; employee negotiations; and spoke in support of the motion. (02:06:12) The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 REQUEST FOR PROPOSAL (RFP) FOR GRAFFITI ABATEMENT SERVICES. (02:08:19) Robin Leffler, Costa Mesa, spoke on employee pensions. (02:08:31) Sandra Genis, Costa Mesa, spoke on graffiti removal. (02:10:54) Tamar Goldmann, Costa Mesa, spoke on outsourcing, pensions, and employee negotiations. (02:12:23) MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer Minutes — Regular Meeting — October 4, 2011 - Page 7 UNOFFICIAL UNTIL APPROVED Council Member Leece commented on the speed of the graffiti abatement team, clean-up time in the RFP, and unfunded liability; and expressed opposition to the item. (02:14:34) The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS OF THE CITY COUNCIL MEETINGS, TO MOVE THE CEO REPORT TO OCCUR AFTER PUBLIC COMMENTS. (02:19:13) Sandra Genis, Costa Mesa, stated she supports the motion; and accepting public comments during the CEO report. (02:19:59) Robin Leffler, Costa Mesa, complemented CEO Hatch on tonight's report; and stated public comments should not be moved to the end of the evening. (02:21:35) MOTION/SECOND: Mayor Monahan/Council Member Mensinger The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Adopted resolution City Council recessed for a break at 8:27 p.m. City Council reconvened the meeting at 8:43 p.m. PUBLIC HEARINGS — NONE (02:25:27) Minutes — Regular Meeting — October 4, 2011 - Page 8 UNOFFICIAL UNTIL APPROVED OLD BUSINESS (02:25:30) 1. FROM THE MEETING OF SEPTEMBER 20, 2011, ORDINANCE NO. 11-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -10-06, AMENDING TITLE 13, ARTICLE 2 DEFINITIONS, AND CHAPTERS III, IV, V, VI, AND XII OF THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL SECOND UNITS, GRANNY UNITS, AND ACCESSORY APARTMENTS. (02:25:35) MOTION/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Adopted Ordinance No. 11-10, to be read by title only, and waived further reading 2. FROM THE MEETING OF SEPTEMBER 20, 2011, ORDINANCE NO. 11-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO AMEND TITLE 13, CHAPTER VII, ARTICLE 2, GENERAL PROVISIONS AND ARTICLE 3, SIGN REGULATIONS, OF THE COSTA MESA MUNICIPAL CODE RELATED TO SIGN REGULATIONS, (02:26:27) MOTION/SECOND: Mayor Monahan/Council Member Mensinger The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 ACTION: Adopted Ordinance No. 11-11, to be read by title only, and waived further reading Minutes — Regular Meeting — October 4, 2011 - Page 9 UNOFFICIAL UNTIL APPROVED NEW BUSINESS (02:27:09) 1. STATEMENTS OF QUALIFICATIONS FOR THE POSSIBLE SELECTION OF A QUALIFIED FIRM FOR THE UPGRADE, OPERATION AND MAINTENANCE OF THE TEWINKLE PARK ATHLETIC COMPLEX. (02:27:12) Staff report by Ernesto Munoz, Interim Public Services Director (02:27:34) Discussion ensued regarding the task force, TeWinkle Park user groups, minimum requirement letter of qualification, and the TeWinkle Master Plan report. (02:30:29) Dave Johnson, President and Founder of Major League Softball Inc., spoke about his company and responded to questions from the Council. (02:38:05) Bill Berghoff, President of Sportsplex USA, spoke about his company and responded to questions from the Council. (03:06:43) Richard Odekirk, Director of Development of Big League Dreams, spoke about the company and responded to questions from the Council. (03:35:00) Public Comments: Jeff Wilcox, Costa Mesa, President of the Mesa Del Mar Community Association, spoke in opposition of the proposal. (04:16:54) Perry Valantine, Costa Mesa, noted all three firms are based outside of Costa Mesa, and commented on individual Council requests. (04:19:47) Jay Humphrey, Costa Mesa, spoke on the process and the task force. (04:22:57) Eleanor Egan, Costa Mesa, spoke on a property deed restriction. (04:26:20) Beth Refakes, Costa Mesa, spoke on the process, and community disturbance. (04:29:59) Tamar Goldmann, Costa Mesa, spoke on the neighborhood around TeWinkle Park, and the property restriction. (04:33:15) Marty Morales, Costa Mesa, spoke in opposition to the proposal. (04:35:26) Scott Stirton, Costa Mesa, expressed opposition to the proposal. (04:37:49) Doug Smity, Costa Mesa, spoke in opposition to the proposal. (04:39:20) Minutes -- Regular Meeting -- October 4, 2011 - Page 10 UNOFFICIAL UNTIL APPROVED Sandra Genis, Costa Mesa, expressed concern over the presenter's not providing financial information to the City; and spoke on community park needs. (04:42:30) Robin Leffler, Costa Mesa, requested ex -parte information from the Council; and spoke on the sports park. (04:45:20) Lisa Reedy, Costa Mesa, spoke on the TeWinkle Park Master Plan, and the sports park. (04:48:32) John Rittenhouse, Costa Mesa, spoke on presenter's lack of information; and TeWinkle Park Master Plan. (04.51:48) Discussion ensued regarding specific needs, community dialogue, acknowledgement of residents' concerns, Master Plan reports, task force formation, legal and financial issues, parking, field use, process of building sports fields; underuse of TeWinkle Park fields; and community improvement. (04:55:22) MOTION: Approve the formation of a TeWinkle Park Athletic Complex Task Force as revised to include two members of the homeowners' association north of the property, and remove one member from the school district. MOVED/SECOND.- Mayor Pro Tem Righeimer/Council Member Mensinger SUBSTITUTE MOTION: Approve the formation of a TeWinkle Park Athletic Complex Task Force as revised to include four members of the homeowners' association. MOVED/SECOND., Council Member Leece Motion died for lack of a second. The original motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 MOTION: Direct Big League Dreams to work with the City and Task Force on TeWinkle Park Athletic Complex proposal. MOVEDISECOND: Mayor Pro Tem Righeimer/Mayor Monahan SUBSTITUTE MOTION: Receive and file. MOVED/SECOND: Council Member Leece Motion died for lack of a second. Minutes — Regular Meeting — October 4, 2011 - Page 11 UNOFFICIAL UNTIL APPROVED The original motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, and Council Member Mensinger Nays: Council Member Leece Absent: Council Member Bever Motion carried: 3-1-1 COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (05.30:55) Council Member Leece requested that a discussion of the minutes be placed on the agenda regarding public comments; asked for an explanation regarding the meet and confer process; and spoke about a Town Hall in the Westside. (05:31:50) Council Member Mensinger spoke on pensions; a hiring freeze; Mesa Verde and College Park improvements; the Costa Mesa Minute and CEO Briefing; the amount of public information available; outsourcing; and Estancia High School football. (05:34:22) MOTION: Continue the meeting past midnight MOVED/SECOND: Mayor Monahan/Mayor Pro Tem Righeimer The motion was carried by the following roll call vote: Ayes: Mayor Monahan, Mayor Pro Tem Righeimer, Council Member Leece, and Council Member Mensinger Nays: None Absent: Council Member Bever Motion carried: 4-0-1 CLOSED SESSION: (05:45:00) 1. CONFERENCE WITH THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER, AND LABOR NEGOTIATOR, AGENCY NEGOTIATOR REGARDING EMPLOYEE ORGANIZATIONS: COSTA MESA CITY EMPLOYEE ASSOCIATION (CMCEA), COSTA MESA FIREFIGHTERS ASSOCIATION (CMFA), COSTA MESA POLICE OFFICERS ASSOCIATION (CMPOA) AND COSTA MESA POLICE MANAGEMENT ASSOCIATION (CMPMA), COSTA MESA FIRE FIGHTERS MANAGEMENT ASSOCIATION, AND COSTA MESA DIVISION MANAGERS ASSOCIATION PURSUANT TO 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 GOVERNMENT CODE SECTION 54956.9(A). Minutes — Regular Meeting ---- October 4, 2011 - Page 12 UNOFFICIAL UNTIL APPROVED PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE CEO Hatch provided an overview of what would be discussed in closed session; spoke on the letters sent to the associations regarding the Memorandums of Understanding; and spoke about the negotiations process and existing agreements. (05:46:11) The Mayor adjourned the meeting at 12:06 a.m. into closed session. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — October 4, 2011 - Page 13 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY July 2, 20'13 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 Genis (arrived at 5:15 p.m.), Council Member Leece, 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 5:04 p.m. to consider the following items: . 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organizations: Costa Mesa City Employee Association (CMCEA), Costa Mesa Firefighters Association (CMFA), Costa Mesa Police Officers Association (CMPOA) and Costa Mesa Police Management Association (CMPMA), Costa Mesa Fire Management Association, and Costa Mesa Division Managers Association pursuant to 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(x). 3. Conference with legal counsel regarding anticipated litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Two cases. The City Council reconvened at 6:46 p.m. CALL TO ORDER (00:00:04) PLEDGE OF ALLEGIANCE (00:00:15) — Led by Council Member Genis Minutes — Regular Meeting — July 2, 2013 - Page 1 UNOFFICIAL UNTIL APPROVED MOMENT OF SOLEMN EXPRESSION (00:00:47) Doug Berry, Rock Harbor Church ROLL CALL (00:02:36) 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, Acting Economic and Development Services Director Claire Flynn, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CLOSED SESSION REPORT (00:02:49) City Attorney Duarte reported action was taken on Closed Session Item #3 by a vote of 5-0 to approve the initiation of litigation against the State of California Department of Finance and County of Orange regarding the determination made by the Department of Finance. ANNOUNCEMENTS (00:03:35) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. Special recognition to Brad Long, Dane Bora, Dan Krikorian, and Bill Lobdell for their work on the "Costa Mesa My Sweet Home" song and music video. PRESENTATIONS — NONE (00:03:35) PUBLIC COMMENTS (00:11:38) Harold Weitzberg, Costa Mesa, spoke about the 60th Anniversary celebration. (00:11:38) Dee Storme, Costa Mesa, spoke about the Poseidon Project. (00:12:11) Doug Smith, Costa Mesa, expressed concern regarding liability at Volcom Skate Park, and spoke on parking violations and enforcement on Presidio Drive. (00:12:58) John Feeney, Costa Mesa, spoke on behalf of Aviva Goelman, Director of the Costa Mesa Senior Center, regarding the 60th Anniversary event; and expressed opposition to the Orange County Transportation Authority (OCTA) 405 Freeway toll lanes. (00:16:53) Minutes -- Regular Meeting — July 2, 2013 - Page 2 UNOFFICIAL UNTIL APPROVED Sharon Brown, Costa Mesa, spoke against profiling the homeless, and expressed concern regarding sex offenders. (00:18:40) Jay Humphrey, Costa Mesa, expressed opposition of the OCTA toll plan; and spoke about the 4th of July, additional signs on Coral Avenue, and the upcoming General Plan vision meeting. (00:21:40) Jay Photoglou spoke on his grievance against the Costa Mesa Police Department. (00:24:18) Robin Leffler, Costa Mesa, expressed concern on the City's spending; spoke on rebuilding the reserves; stated opposition to installing lights at Fairview Park; and requested an increase in business license fees be presented to the voters. (0:31:10) Sheila Pfafflin, Costa Mesa, spoke about the Banning Ranch Project. (00:34:42) Beth Refakes, Costa Mesa, spoke on the 60th Anniversary event; and expressed concern on the OCTA 405 toll plan. (00:36:44) Linda Fernandez requested that Broadway Street be blocked off for the July 4th holiday and weekend. (00:39:37) Peter Boyd, Costa Mesa, praised Rick Francis for helping in their neighborhood on quality of life issues. (00:43:13) Steve Ray, Executive Director of Banning Ranch Conservancy, officially invited City Council to join the litigation, thanked Council for not approving the traffic mitigation agreement, and encouraged partnership with the Conservancy. (00:45:23) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS Council Member. Genis suggested a public study session presentation on the Emergency Operation Plan; thanked everyone who worked on the 60th Anniversary; informed of a meeting regarding the Poseidon Plan; and wished the public a safe Happy 411 of July. (00:48:11) Council Member Leece requested staff provide an update on the Poseidon Plan; spoke on enforcing the law at Volcom Skate Park and parking regulations on Presidio Drive; requested a plan of action concerning the OCTA toll lane issue; encouraged citizen participation with the General Plan; spoke on business licensing and Triangle Square parking and taxis; expressed her condolences for the families of the Prescott, Arizona firefighters; requested an update on the CMCEA lawsuit; and announced two awards given to the Council Members by Association of California Cities, Orange County. (00:51:48) Minutes — Regular Meeting — July 2, 2013 - Page 3 UNOFFICIAL UNTIL APPROVED Council Member Monahan announced he would be pulling #5 from the consent calendar. (01:02:17) Mayor Righeimer spoke on city spending, infrastructure, safety, new computer data dispatch system, realignment of the fire department, budget, and the 60th Anniversary event. (01:02:24) Mayor Pro Tem Mensinger thanked the volunteers for the 60th Anniversary event; and gave brief history of Independence Day. (01:12:25) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:14:26) CEO Hatch spoke on the enforcement at Volcom Skate Park; complimented Assistant CEO Rick Francis for neighborhood assistance; spoke on enforicing the law and prohibiting illegal fireworks; complimented and thanked the 60th Anniversary staff; and acknowledged awards from ACC -OC. CONSENT CALENDAR (01:18:57) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11 except for Items 5, 8, 10, 11 MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 1. READING FOLDER a. Claims received by the City Clerk: Enterprise Rent-A-Car; Sandra Huber; and Angela Hamel. ACTION: Received and filed 2. MINUTES: Regular Meeting/Study Session of April 12, 2011. ACTION: Approved 3. WARRANT RESOLUTION 2478: 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 $1,933,867.16. ACTION: Approved Minutes -- Regular Meeting — July 2, 2013 - Page 4 UNOFFICIAL UNTIL APPROVED 4. WARRANT RESOLUTION 2479: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-12 "A" AND 13- 13 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-12 "A" for $4,317.47, Payroll No. 13-13 for $2,053,868.00 and City operating expenses for $883,176.12. ACTION: Approved 6. PARK AVENUE ALLEY (ALLEY NO. 10), BAKER STREET ALLEY (ALLEY NO. 44), AND FULLERTON AVENUE ALLEY (ALLEY NO. 104) IMPROVEMENT PROJECT -- CITY PROJECT NO. 13-03 ACTION: City Council adopted plans, specifications, and working details for the Park Avenue Alley (located between Newport Boulevard, Park Drive, Anaheim Avenue, and W. 18th Street), Baker Street Alley (located between Baker Street and Logan Avenue, just east of College Avenue), and Fullerton Avenue Alley (located between Fullerton Avenue, Orange Avenue, 20th Street, and Walnut Street) Improvement Project — City Project No. 13-03; and 2. Awarded a construction contract to Grigolla & Son Construction Company, Inc., P.O. BOX 949, Azusa, CA 91702, in the amount of $490,045.00; and 3. Authorized the Mayor and the City Clerk to execute the Public Works Agreement. 7. ANAHEIM AVENUE PARKING RESTRICTIONS I-, TO I:Qkq I City Council adopted a resolution authorizing the Transportation Services Manager to implement a "Modified Resident Only" parking restriction for on -street parking spaces on Anaheim Avenue adjacent to the Neighborhood Community Center complex. Minutes — Regular Meeting — July 2, 2013 - Page 5 UNOFFICIAL UNTIL APPROVED 9. PURCHASE OF LEADER EMERGENCY VEHICLES AND ANCILLARY EQUIPMENT ACTION: 1. City Council authorized the purchase of six (6) Leader Industries Emergency Vehicles, from Halcore Group Inc., dba Leader Industries, 10941 Weaver Avenue, South EI Monte, CA 91733. The total net purchase cost, including state/local taxes and manufacturer -discount, shall be $1,334,314.70; and 2. Authorized the purchase of six (6) gurneys Stryker Power — PRO XT (6506), from BoundTree Medical, 5000 Turtle Crossing Boulevard, Dublin, OH 43016. The total net purchase cost, including state/local taxes, shall be $91,138.86; and 3. Approved budget adjustment (BA# 14-003) to reduce budgeted salaries and benefits and transfer funds to the Equipment Replacement Fund for the purchase of ambulance vehicles and equipment. ITEMS REMOVED FROM THE CONSENT CALENDAR (01:19:58) 5. THIRD PARTY LIABILITY CLAIMS ADMINISTRATION (01.19:58) Presentation by Lance Nakamoto, Human Resources Manager; and Jim Madaffer, Consultant from Keenan & Associates. (01:20:28) Mike Reed, President of Carl Warren and Company, spoke on the Request for Proposals, flat fees, and the working relationship with the staff. (01:30:41) Caryn Siebert, CEO of Carl Warren, made a presentation about the company. (01:37:04) MOTION: Authorize the CEO to execute a contract for Third Party Liability Claims Administration with Carl Warren and Company. MOVED/SECOND: Council Member Leece/Council Member Genis. SUBSTITUTE MOTION: Authorize the CEO to execute a contract for Third Party Liability Claims Administration with Keenan and Associates. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion failed by the following roll call vote: Ayes: Mayor Pro Tem Mensinger, and Council Member Monahan Nays: Mayor Righeimer, Council Member Genis, and Council Member Leece Motion failed: 2-3 Minutes — Regular Meeting — July 2, 2013 - Page 6 UNOFFICIAL UNTIL APPROVED The original motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and Council Member Leece Nays: Council Member Monahan Motion carried: 4-1 ACTION: City Council authorized the CEO to execute a contract for Third Party Liability Claims Administration with Carl Warren and Company; however, the City Council may choose either of the top two firms. 8. CITY OF COSTA MESA EMERGENCY OPERATIONS PLAN (01:47:48) Steve Ray, KOCI Radio, suggested a radio show to present the Emergency Operations Plan, and invited city staff and council members to be on the program. (01:48:07) MOTIONISECOND: Council Member Monahan/Council Member Genis The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council approved the City of Costa Mesa's revised Emergency Operations Plan and adopted by resolution. 10. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF AUGUST 20, 2013 (01:51:33) MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan. Nays: Council Member Genis, and Council Member Leece Absent: None Motion carried: 3-2 ACTION: City Council cancelled the August 20, 2013 Council meeting. Minutes — Regular Meeting — July 2, 2013 - Page 7 UNOFFICIAL UNTIL APPROVED 11. COMPUTER AIDED DISPATCH (CAD)IRECORDS MANAGEMENT SYSTEM (RMS) REPLACEMENT (02:00:24) Jay Photoglou spoke about sales taxes, warranties, and replacing the system. (02:00:33) Mike James, Costa Mesa Police Commander, clarified that the sales tax is on the software agreement, not on the services; and stated retention of records will convert to the new system. (02:04:13) MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Genis The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council approved and authorized the CEO to sign the Software Licenses and Services Agreement in the amount of $1,485,558 for the replacement of the current Computer Aided Dispatch (CAD) and Records Management System (RMS) with SunGard Public Sector Inc., 1000 Lake Mary, FL 32745; and 2. Approved and authorized the CEO to sign the Software Maintenance Agreement with SunGard Public Sector Inc., 1000 Lake Mary, FL 32745; and 3. Approved Budget Adjustment (BA #14-002) to appropriate available fund balance in the Narcotics Asset Forfeiture Fund and Proposition 172 Fund in the amount of $1,485,558 for the replacement of the current CAD/RMS system. PUBLIC HEARINGS — NONE OLD BUSINESS — NONE NEW BUSINESS — NONE REPORT — CITY ATTORNEY — NONE Minutes -- Regular Meeting — July 2, 2013 - Page 8 UNOFFICIAL UNTIL APPROVED The Mayor adjourned the meeting at 8:51 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — July 2, 2013 - Page 9 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY July 15, 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 (arrived at 5:02 p.m.), and Council Member Monahan (arrived at 5:15 p.m.) Council Members Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE CLOSED SESSION The City Council recessed into closed session at 5:05 p.m. to consider the following items. 1. Conference with legal counsel — potential litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) for two potential cases. 2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organizations: Costa Mesa Police Management Association (CMPMA) pursuant to Government Code Section 54957.6. 3. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organization: Costa Mesa Fire Fighters Management Association, pursuant to California Government Code Section 54957.6. The City Council reconvened at 6:00 p.m. CALL TO ORDER (00:00:12) PLEDGE OF ALLEGIANCE (00:00:38) — Led by Mayor Righeimer MOMENT OF SOLEMN EXPRESSION (00:01:01) Father Moushegh Tashjian, St. Mary Armenian Church Minutes — Regular Meeting — July 15, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED ROLL CALL 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 — NONE - (00:04:58) • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None ANNOUNCEMENTS (00:05:03) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:07:18) Kelly Vucinic, National Night Out event Mayor's Cup presentation to Costa Mesa American Little League and Costa Mesa National Little League teams PUBLIC COMMENTS (00:20:32) Al Melone, Costa Mesa, spoke regarding maintenance at the dog park. (00:21:14) Sue Lester, Costa Mesa, spoke regarding medical marijuana initiatives. (00:24:30) James H. Bridges, Costa Mesa, spoke regarding the Pension Oversight Committee and Charter Committee appointment process.(00:28:21) Cindy Brenneman, Costa Mesa, spoke regarding the medical marijuana initiatives; the First Friday Road Show; the OC Fair; KaBOOMI playground at Shalimar Park; and addressing the audience. (00:31:43) Robert Graham, Costa Mesa, spoke regarding EI Nino rains and effects on Fairview Park bluffs. (00:34:47) Minutes — Regular Meeting — July 15, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED Tom Pollitt, Costa Mesa, spoke regarding leadership and civility during the election season; commended city workers for cleaning up a fallen tree; and encouraged learning about Common Core. (00:37:13) Spencer Richley, Costa Mesa, spoke regarding his new business, Boxfli. (00:39:21) Chuck Perry, Costa Mesa, spoke regarding positive developments and improvements in the City; and a Veterans' Hall. (00:41:00) Teresa Drain, Costa Mesa, spoke regarding a forensic audit on the 60th Anniversary event; Costa Mesa singer Madasen McGrath; and Municipal Code Section 2.106. (00;43:19) Robin Leffler, Costa Mesa, spoke regarding developments in the City; parking concerns; light and shade; and entitlements to developers. (00:46:02) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:49:17) Mayor Righeimer spoke regarding KaBOOM! at Shalimar Park; Mr. Irrelevant football event; Westside overlay and developments; medical marijuana initiatives; and announced that the meeting will be adjourned in memory of Ben Carlson. (00:49:24) Mayor Pro Tem Mensinger spoke regarding Camp Costa Mesa; Mr. Irrelevant football event; golf course entrance improvements; improvements and developments in the city; a Veterans' Hall; and improvements at the fire stations. (00:57:03) Council Member Genis spoke regarding the OC Fair and parking; development on Tustin Avenue; Camp Costa Mesa; a Veterans' Hall; and medical marijuana initiatives. (01:01:21) Council Member Leece spoke regarding medical marijuana initiatives; BoxKaBOOM! event at Shalimar Park; upcoming Great Reach Community Workshop; developments in the City; OC Vector Control District; the Asian Tiger mosquito and the West Nile Virus; fireworks; Police Association negotiations; and Municipal Code Section 2-106. (01:04:19) Council Member Monahan spoke regarding the upcoming Costa Mesa Chamber of Commerce golf tournament; and announced the Newport -Mesa Girls Fastpitch Softball team has made it to the Midwest regionals. (01:16:05) REPORT- CHIEF EXECUTIVE OFFICER (CEO) (01:17:20) CEO Hatch spoke about the KaBOOM! event at Shalimar Park; fireworks; the Senior Center's 4th of July event; Orange Coast College Master Plan program; a Veterans' Hall; and parking impacts due to the OC Fair. Minutes -- Regular Meeting — July 15, 2014 - Page 3 UNOFFICIAL UNTIL APPROVED Economic and Development Services Director Gary Armstrong provided an update regarding Orange Coast College's development and impacts. CONSENT CALENDAR: (01:26:42) MOTION: Approved recommended actions for Consent Calendar Items Nos. 1 through 8 except for Item No. 6. MOVEDISECOND: Council Member Leece/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 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: Rafael Cortes; and Greg Fournier. ACTION: Received and fled. 3. WARRANT RESOLUTION 2519: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-13 "A", 14-14 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 14-13 "A" for $2.02, Payroll No. 14-14 for $2,083,410.02, and City operating expenses for $2,559,897.82. ACTION: Approved Warrant Resolution No. 2519, to be read by title only and further reading waived. Minutes — Regular Meeting -- July 15, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED 4. RED HILL AVENUE REHABILITATION PROJECT (FROM BRISTOL STREET TO PAULARINO AVENUE), CITY PROJECT NO. 13^02 ACTION: 1. City Council accepted the work performed by R.J. Noble Company and authorized the City Clerk to file the Notice of Completion; and 2. Released the Labor and Material Bond seven (7) months after the filing date; released the Faithful Performance Bond one (1) year after the filing date; and released the retention monies 35 days after the Notice of Completion filing date. 5. HARBOR BOULEVARD WIDENING FROM SOUTH COAST DRIVE TO SUNFLOWER AVENUE -- CONSTRUCTION MANAGEMENT AND INSPECTION SUPPORT SERVICES ACTION. 1. City Council awarded a Professional Services Contract for an amount not to exceed $120,364 to CivilSource, Inc., 9890 Irvine Center Drive, Irvine, CA 92618, for Construction Management and Inspection Support Services for the Harbor Boulevard Widening project; and 2. Authorized the Mayor and the City Clerk to execute the Professional Services Agreement. 7. APPROVE THE PURCHASE REQUEST FOR THE REPLACEMENT AND INSTALLATION OF OUTDOOR DUTY LOCKERS PURSUANT TO THE TERMS OF THE PROFESSIONAL SERVICE AGREEMENT WITH OLPIN ACTION: 1. City Council approved and authorized the CEO to sign the Professional Services Agreement for the Replacement and Installation of Outdoor Duty Lockers with Oipin Group, Inc., 3520 E. Enterprise Drive, Anaheim, CA 92807 in the amount of $82,761.36, including tax; and 2. Approved Budget Adjustment #15-002 for the appropriation of Narcotics Asset Forfeiture Fund undesignated funds in the amount of $82,761.36 for the purchase of duty lockers. Minutes — Regular Meeting — July 15, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED 8. AWARD CONTRACT FOR ANNUAL TRANSIENT OCCUPANCY TAX AUDIT SERVICES ACTION: 1. City Council awarded contract for annual transient occupancy tax audit services for fiscal years 2014, 2015 and 2016 to Mayer Hoffman McCann, P.C., in the total amount of $58,500 with an option to extend the contract in one-year periods, for a minimum of two fiscal years; and 2. Authorized City Chief Executive Officer to sign and execute a professional services agreement with the selected audit firm. PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) The Mayor made a request to consider Public Hearing Item No. 4 out of order, 4. SECOND READING FOR THE PRE -ZONING AND PROPERTY TAX EXCHANGE AGREEMENT FOR THE SANTA ANA/COLLEEN ISLAND ANNEXATION (01:27:02) MOTION. Continue the item to a future meeting. MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Mayor Righelmer requested for developers, owners, and staff meet on this item. (01:28:00) Public Comments: Speaker inquired on a meeting and setbacks. (01:30:30) Robin Leffler, Costa Mesa, spoke on public speaking on this issue. (01:32:00) The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS (01:32:55) Staff report provided by Colleen O'Donoghue, Assistant Finance Director. (01:33:33) Minutes -- Regular Meeting — July 15, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED Discussion ensuect regarding the property tax assessment and citation process. (01:35:50) Public Comments: Sue Lester, Costa Mesa, thanked and complimented Code Enforcement staff, and spoke about municipal code violations. (01:49:09) Sheila Pfafflin, Costa Mesa, expressed concerns regarding tax lien and special precautions for seniors, and spoke on efficient water use. (01:50:33) Beth Refakes, Costa Mesa, spoke regarding Habitat for Humanity assistance. (01:52:58) David Balough, Costa Mesa, spoke about his case. (01:53:50) Robin Leffler, Costa Mesa, expressed concern regarding Code Enforcement and the lack of personal contact with the public. (01:56:09) MOTION: Adopt Resolution No. 14-47, to be read by title only and waived further reading, entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations." MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger SUBSTITUTE MOTION: Adopt Resolution No. 14-47, to be read by title only and waived further reading, entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations"; and remove Item No. 6. (01:59:20) Council Member Monahan withdrew his original motion, (01:59:50) MOVED/SECOND: Mayor Righeimer/Council Member Monahan Council Member Leece suggested including a flyer with assistance information. (02:00:20) Council Member Genis expressed concern with using public monies to fix some parkways, and fining others who do not fix their parkways. (02:02:10) The substitute motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council Member Monahan. Nays: Council Member Genis. Absent: None Motion carried: 4-1 Minutes — Regular Meeting — July 15, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED 2, PUBLIC HEARING FOR THE VACATION OF A PORTION OF SUPERIOR AVENUE AT 1677 SUPERIOR AVENUE (02:04:16) Staff report provided by Ernesto Munoz, Public Services Director. (02:04:20) Council Member Genis expressed concern with the tract map not being recorded. (02:06:55) MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted Resolution No. 14-48, to be read by title only and waived further reading, ordering the vacation of a portion of Superior Avenue Right -Of -Way at 1677 Superior Avenue; and 2. Authorized execution of the Quit Claim Deed by the Mayor and the City Clerk; and 3. Authorized the Street Vacation effective date is upon recordation of tract map. 3. GENERAL PLAN AMENDMENT GP -14-01 1 LOT LINE ADJUSTMENT LL -14- 03 LOCATED AT 320 E. 18TH STREET (02:08:45) Staff report provided by Minoo Ashabi, Senior Planner. (02:09:50) Discussion ensued regarding a request from Howard Banghausen on entitlements, floor area rations, and parking; and occupancy limits. (02:14:50) Public Comments: Beth Refakes, Costa Mesa, spoke in support of the application; and expressed concerns regarding parking issues; striping; floor plan; and ratios. (02:18:20) Susan McDowell, consultant for RSI Homes, spoke on conditions of approval regarding parking and the Master Plan Amendment. (00:22:50) Discussion ensued on the Master Plan Amendment, and reasons for not continuing the item. (02:24:30) Minutes — Regular Meeting — July 15, 2014 - Page 8 5. UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council found that the Project is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) -- General Rule; and 2. Adopted Resolution No. 14-49, to be read by title only and waived further reading, for General Plan Amendment GP -14-01, pending approval as part of future General Plan Cycle to change the land use designation of a 16 -foot by 63 -foot strip of land (1,009 Sq. Ft) within an existing church site from Public/Institutional to Medium Density Residential and approving Lot Line Adjustment LL -14-03 to move the rear property line to the north by 16 feet for future residential development, subject to conditions; and 3. Introduced Ordinance No. 1410 for first reading, to be read by title only and waived further reading, approving Rezone R-14-01, of a 16 -foot by 63 -foot strip of land within an existing church site from I&R (Institutional and Recreational District) to R2 -MD (Multiple Family Residential — Medium Density District); and 4. Removed the condition of approval stating, "An amendment to the Master Development Plan for the Lighthouse Coastal Community Church shall be submitted for review that reflects the current conditions of the site and church sanctuary." CODE AMENDMENT CO -13-03 TO TITLE 13, CHAPTER IX, ARTICLE 8 GOVERNING MOTELS (02:32:05) Staff report by Mel Lee, Senior Planner; Yolanda Summerhill, Deputy City Attorney; and Jerry Guarracino, Interim Assistant Development Services Director, (02:33:10) Discussion ensued regarding electrical and building code requirements; temporary and long-term stays; square footage; on-site laundry services and security boxes; single room occupancy policy; affordability standards and affordable housing; long-term stay requirements; Regional Housing Needs Allocation and the number of affordable units required in the Housing Element; and health standards. (02:41:55) Minutes — Regular Meeting — July 15, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED Public Comments: Harold Weitzberg, Costa Mesa, spoke on health standards. (03:08:41) Zeenat Hassan, Public Law Center attorney, spoke in opposition to the Ordinance. (03:10:48) Sheila Pfafflin, Costa Mesa, spoke about property being taken illegally, and last - resort housing. (03:12:02) Kathy Esfahani, Costa Mesa Affordable Housing Coalition member, spoke in opposition to the Ordinance. (03:14:19) Andrea Marr, Costa Mesa Affordable Housing Coalition member, spoke in opposition to the Ordinance. (03:18:00) Linda Tang, representing Kennedy Commission, spoke in opposition to eliminating longterm stays in motels, and requested that Program 12 of the 2008-2014 Housing Element be reinstated. (03:19:21) Speaker, Costa Mesa, spoke in opposition to the Ordinance. (03:22:34) Jean Forbath, Costa Mesa Affordable Housing Coalition member, spoke in opposition to the Ordinance. (03:23:44) Robin Leffler, Costa Mesa, spoke in opposition to the Ordinance. (03:26:12) SUBSTITUTE MOTION: To continue item and request staff bring back a request for a moratorium. MOTION/SECOND: Council Member Leece/Council Member Genis The motion failed by the following roll call vote: Ayes: Council Member Genis, and Council Member Leece Nays: Mayor Righeimer, Mayor Pro Tem Mensinger, and Council Member Monahan Absent: None Motion failed: 2-3 The original 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 Minutes — Regular Meeting -- July 15, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger ACTION: City Council found that the proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of CEQA because there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment; and introduce Ordinance No. 14-11 for first reading, to be read by title only and waived further reading, regarding Code Amendment CO -13-03 to Title 13, Chapter IX, Article 8 Governing Motels. OLD BUSINESS 1. AN ORDINANCE OF THE CITY OF COSTA MESA REPEALING AND REPLACING COSTA MESA MUNICIPAL CODE SECTION 11-15 RELATING TO REWARDS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF PERSONS VANDALIZING PRIVATE PROPERTY (03:38:00) MOVED/SECOND: Council Member Monahan/Council Member Genis The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, and Council Member Monahan. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council gave second reading and adopted Ordinance No. 14-08, to be read by title only and waived further reading, regarding rewards for information leading to the apprehension of individuals who damage property. 2. SECOND READING OF THE ORDINANCE AMENDING SECTION 2-61 RELATING TO CONDUCT WHILE ADDRESSING THE CITY COUNCIL AND ADDING SECTION 2-87 (SEVERABILITY) (03:38:45) MOVED/SECOND: Mayor Pro Tem Mensinger/Council Member Monahan The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, and Council Member Monahan. Nays: Council Member Leece Absent: None Motion carried: 4-1 Minutes -- Regular Meeting -- July 15, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED ACTION: City Council gave second reading and adopted Ordinance No. 14-09, to be read by title only and waived further reading. NEW BUSINESS - NONE ITEMS REMOVED FROM THE CONSENT CALENDAR 6. SAFE TRANSIT STOPS PROGRAM APPLICATIONS (03:40:44) 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. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council adopted Resolution No. 14-50, to be read by title only and waived further reading, approving the submittal of a grant funding application for three (3) bus stop improvement projects under the Orange County Transportation Authority's (OCTA) Measure M2 Project W — Safe Transit Stops Program. CONTINUED PUBLIC COMMENTS - NONE COUNCIL MEMBER COMMENTS ON CONTINUED PUBLIC COMMENTS - NONE REPORT — CITY ATTORNEY - NONE The Mayor adjourned the meeting at 9:42 p.m. in memory of Ben Carlson. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — July 15, 2014 - Page 12 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING October 7, 2014 CALL TO ORDER The meeting was called to order by the Mayor at 6:00 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. CALL TO ORDER (00:00:14) PLEDGE OF ALLEGIANCE (00:00:40) — Mayor Pro Tem Mensinger MOMENT OF SOLEMN EXPRESSION (00:01:03) Doug Jacks, Palm Harvest Church ROLL CALL (00:01:30) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, and Council Member Genis Absent: Council Member Monahan (arrived at 6:19 p.m.) 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 (00:01:45) - NONE • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None ANNOUNCEMENTS (00:01:48) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:04:26) Mayor Righeimer recognized Maximilian (Max) Mormont, Master's World Champion, coach at Costa Mesa CrossFit and Costa Mesa resident. PUBLIC COMMENTS (00:13:52) Flo Martin, Costa Mesa, spoke on parking problems around Wilson Park. (00:14:27) Minutes — Regular Meeting — October 7, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED T. Koken, Costa Mesa, sang a song opposing the Charter. (00:17:54) Mary Spadoni, Costa Mesa, spoke on public safety staffing levels. (00:20:40) Doug Morrow, Costa Mesa, spoke on political propaganda mailers; and opposed to the Charter. (00:23:59) Pamela Wilson, Costa Mesa, spoke in support of the Charter, (00:25:47) Rick Luna, Costa Mesa, spoke in support of firework sales. (00:29:10) Jennifer Hutchinson, Costa Mesa, spoke in support of firework sales. (00:30:09) Gay Royer, Costa Mesa, thanked the Costa Mesa Firefighters for supporting Breast Cancer Awareness. (00:31:47) Gene Hutchins, Costa Mesa, spoke in favor of the Charter. (00:32:30) Teresa Drain, Costa Mesa, spoke on the conducting a forensic audit on the 60th Anniversary expenses. (00:36:01) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:39:49) Council Member Monahan had no comments. (00:39:50) Mayor Righeimer spoke on the 2013 — 2014 $6 million budget surplus. (00:39:55) Mayor Pro Tem Mensinger spoke on housing and parking issues; the $6 million budget surplus; firework sales supporting the school programs; and increasing fines for the use of illegal fireworks. (00:41:35) Council Member Genis spoke on Tewinkle Intermediate School 50th anniversary; thanked groups who organized the Scarecrow Festival; thanked groups who put on candidate forums; fireworks; and previous advisory measure. (00:50:27) Council Member Leece spoke on fireworks and how to address illegal fireworks, congratulated MICA celebrating 10 year anniversary; the Library Board; the Monster Bash at the Senior Center; trees being planted on public parkways during the drought; and small business concerns. (00:54:59) REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:02:08) CEO Hatch spoke on the Senior Center programs; Orange County Fair Meeting; the applicant's guide to entitlement processing in the City of Costa Mesa regarding the Development Process; and tree planting. Minutes — Regular Meeting — October 7, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (01:07:32) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6 except for items 3 and 4. 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 approved and adopted of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Artem Peshkov; Rachel Orchard; and Joseph Barrack. ACTION: Received and filed. 5. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 2014 ACTION: City Council approved cancellation of the meeting. 6. MINUTES OF THE REGULAR CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS OF JANUARY 15, 2013 AND SEPTEMBER 2, 2014; AND THE SPECIAL CITY COUNCIL MEETINGS OF SEPTEMBER 19, 2014 AND SEPTEMBER 23, 2014. ACTION: City Council approved the minutes, ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- Minutes — Regular Meeting — October 7, 2014 - Page 3 UNOFFICIAL UNTIL APPROVED PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55) (01:08:08) CODE AMENDMENT CO -12-07: CONSIDERATION OF A MORATORIUM EXTENSION REGARDING HOOKAH PARLORS Mel Lee, Senior Planner, presented the Staff Report. (01:08:34) Discussion ensued in regards to Conditional Use Permit requirements for vapor lounges; and the timeframe of moratorium. (01:09:25) Public Comments: Ann Parker, Costa Mesa, requested including vapor lounges. (01:14:06) Nayef Amhaz, Costa Mesa, spoke in opposition of the extension of the Moratorium. (01:16:12) Mayor Righeimer requested clarification on the extension. (01:19:40) City Attorney Tom Duarte responded that the Government Code allows 45 days and one extension for 10 months and 15 days and one more extension for one year. (01:20:34) MOVEDISECOND: Council Member Leece/Mayor Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Leece, Mayor Pro Tem Mensinger, and Mayor Righeimer. Nays: Council Member Monahan Absent: None Motion carried: 4-1 ACTION: City Council adopted Urgency Ordinance No. 14-12, to be read by title only and waived further reading, extending the hookah parlor moratorium considered under Code Amendment CO -12-07 for a period not to exceed 12 months. 2. CODE AMENDMENT CO -14-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-6 (DEFINITIONS) OF ARTICLE 2 (DEFINITIONS) OF CHAPTER I (GENERAL), ADDING CHAPTER XV (GROUP HOMES), AND REPEALING AND REPLACING ARTICLE 15 (REASONABLE ACCOMMODATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS), OF TITLE 13 (ZONING CODE) AND AMENDING THE CITY OF COSTA MESA LAND USE MATRIX - TABLE NO. 13-30 OF CHAPTER IV. (CITYWIDE LAND USE MATRIX) OF THE COSTA MESA MUNICIPAL CODE RELATING TO GROUP HOMES (01:21:42) Minutes -- Regular Meeting — October 7, 2014 - Page 4 UNOFFICIAL UNTIL APPROVED Elena Gerli, City Attorney's Office, presented the Staff Report. (01:22.43) Mayor Righeimer spoke on the issue. (01:48:52) Discussion ensued on moratoriums; the permit process; reasonable accommodations; regulations and enforcement by the state; and reporting complaints and nuisances. (01.50:02) Public Comments: Barrie Fisher, Costa Mesa, spoke in support of the Ordinance. (02:00:29) Patricia Bintliff, Costa Mesa, spoke in opposition to the Ordinance. (02:04:02) Richard Perlin, Huntington Beach, spoke in opposition to the Ordinance. (02:07:34) Terry Koken, Costa Mesa, spoke on the inclusion of R2 Zones; boarding houses; parking onsite; and management living onsite. (02:10:34) Jay Humphrey, Costa Mesa, spoke on group homes; and customer service training. (02:12:58) Carol Williams, Costa Mesa, spoke in opposition to group homes; and supports the Ordinance. (02:16:37) Robin Leffler, Costa Mesa, spoke on the Ordinance; and including R2 Zones. (02:19:28) Chris Bunyan, Costa Mesa, spoke on the permitting process. (02:21:19) Ann Parker Costa Mesa, spoke on the new State Law; including R1 and R2 Zones; and individuals coming to Costa Mesa from outside areas. (02:22:12) Grant McNiff, Costa Mesa, spoke in opposition of the Ordinance; and legal expenses. (02:24:04) Justin Cheathem, Costa Mesa, spoke in support of the Ordinance; and clients of homes coming from outside the community. (02:27:25) Mary Spadoni Costa Mesa, spoke on a citywide Ordinance not just in R1 Zones. (02:30:23) Wendy Okumura, Costa Mesa, spoke in support of the Ordinance due to saturation. (02:33.39) Minutes — Regular Meeting — October 7, 2014 - Page 5 UNOFFICIAL UNTIL APPROVED Discussion ensued regarding including R2 Zones; proximity to schools; limiting parolees; and parking. (02:23:52) Mayor Righeimer spoke on group homes, population; comparison of Ordinances; reasonable accommodations; and Group Home operators. (02:54:55) Council Member Genis spoke in support of the Ordinances; spoke on Group Homes operating in a residential zone; and rejection of the Ordinance from operators. (03:01:25) Council Member Leece discussed the proliferation of homes impacting the quality of life; reasonable accommodations; and the application process. (03:02:41) MOVED/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 found that the proposed ordinance was exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of CEQA because there was no possibility that the proposed amendment to the Zoning Code would have a significant effect on the environment; and 2. Approved the first reading of the Ordinance with the modifications contained in the Supplemental Memorandum dated October 7, 2014 (A -D below). A. Approved the following alternative language for Section 13-311(10)(iii), from the County rules regarding referral facilities: "The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re -admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to, remove the violator from contact with the other residents until the violation is resolved." B. Revised the definition of Integral Facilities (page 12) by replacing, "sober living facilities" with "Group Homes" to read as follows: "Any combination Minutes — Regular Meeting — October 7, 2014 - Page 6 UNOFFICIAL UNTIL APPROVED of two or more group homes which may or may not be located on the same parcel ..." C. Revised the definition of Integral Uses (page 12) deleting, "licensed or unlicensed," to read as follows: "Any two or more residential care programs commonly administered by the same owner...;" and D. Revised section 13-311(a)(7) Special use permit required (page 15) by replacing "uses" with "facilities," to read as follows: "integral group home facilities are not permitted." City Council recessed for a break at 9:08 p.m. City Council reconvened the meeting at 9:20 p.m. 3. REVIEW OF PLANNING APPLICATION PA -88-134 A2: SECOND AMENDMENT FOR THE ORANGE COAST BUICKIGMCICADILLAC DEALERSHIP LOCATED AT 2600 HARBOR BOULEVARD Mel Lee, Senior Planner, presented the Staff Report. (03:19:00) On behalf of applicant, Mr. Peter Nagavi of In Focus Consultants, provided a presentation on the project. (03:31:16) Discussion ensued on new conditions; on lighting of entry monument; and lighting standard. (03:52:30) Public Comments: Teresa Drain, Costa Mesa, requested more time to work with the dealership to address concerns. (04:01:54) Beth Rafakes, Costa Mesa, spoke on the project; the living wall; and concerns of light spillage. (04:08:35) Chris McEvoy, Costa Mesa, spoke on the quality of life. (04:11:39) Leslie Sterrett, Costa Mesa, spoke against the second deck parking. (04:13:53) Kyle Woosley, Costa Mesa, represented the Chamber of Commerce and, spoke in support of the project. (04:15:34) Scott Nguyen, Costa Mesa, stated he had met with developer and opposes the second deck; spoke on concerns with lighting; requested annual inspections of landscape; requests 10' wall; and requested mitigation measures for lights. (04:16:07) Minutes -- Regular Meeting — October 7, 2014 - Page 7 UNOFFICIAL UNTIL APPROVED Jay Humphrey, Costa Mesa, spoke on problems from previous dealership owners; spoke on light spillage; and ongoing dialogue. (04:21:06) Speaker, Costa Mesa, agreed with Teresa Drain's comments. (04:24:03) Robin Leffler, Costa Mesa, agreed with Teresa Drain's comments; concern with 2nd story parking; light spillage, landscaping; and supports first plan. (04:24:14) Ron MacEachern, Senior Vice President of The Suburban Collection, spoke on the evolution of the project; and stated the updated conditions are agreeable. (04:27:44) Mayor Pro Tem Mensinger spoke on the project; spoke on the old parking structure; the process; likes the project; and 10' wall on one section. (04:39:11) Mayor Righeimer spoke on the memorandum and micromanagement; lights moved back; stated all issues addressed by Planning Commission; and disappointed with appeal. (04:47:13) MOVED/SECOND. Mayor Righeimer/Council Member Monahan MOTION: Approve Planning Commission's approvals with the addition to add the 10' wall on two houses; and remove Conditional Use Permit from 1988. (04:50.16) Council Member Leece stated that she will not support the motion. (04:50:33) Council Member Genis spoke on history of parcel of land; previous monument sign; requested concessions not be folded into conditions of approval; requests the ramp be fully enclosed; and all conditions reflect items that happened in the hearing. (04:53:53) SUBSTITUTE MOTION: MOVED/SECOND: Council Member Genis/Council Member Leece Approve the dealership, subject to amended conditions of approval. The motion failed by the following roll call vote: Ayes: Council Member Genis and Council Member Leece Nays: Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Absent: None Motion failed: 2-3 Minutes — Regular Meeting — October 7, 2014 - Page 8 UNOFFICIAL UNTIL APPROVED ORIGINAL MOTION MOVED/SECOND. Mayor Righeimer/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: 1. City Council found that the project was categorically exempt from CEQA per the Class 32 Categorical Exemption for infill development; 2. Approved second amendment to Planning Application PA -88-134 for the Orange Coast Buick/GMC/Cadillac dealership to construct a 34,000 square foot second floor parking deck over a portion of the previously permitted 52,779 square foot automotive dealership building, as well as a portion of the proposed parking lot, for storage of vehicle inventory; 3. Approved Administrative Adjustment to deviate from rear yard setback requirements of 50 -feet to 32 -feet; 4. Approved a Planned Sign Program, removing the existing 40 -foot high freestanding sign and replacing it with two new 23 -foot high freestanding signs that will be approximately 190 -feet apart; and 5. Directed the applicant to work with property owners at 458 and 452 Princeton Dr. to provide a maximum 10 -foot high perimeter, and an 8 -foot high perimeter for the remaining properties on Princeton Dr. OLD BUSINESS — NONE NEW BUSINESS 1. PROPOSED URBAN MASTER PLAN SCREENING REQUEST (UMP -14-04) FOR A 32 -UNIT DETACHED 3 -STORY LIVEIWORK DEVELOPMENT WITH ROOFTOP DECKS TO BE LOCATED AT 1672 PLACENTIA AVENUE Antonio Gardea, Senior Planner, presented the Staff Report. (05:10:15) Chad Brown, applicant, spoke on the project addressing parking; and open space concerns. (05:18:51) Mayor Righeimer spoke on impact fees. (05:24:20) Mayor Pro Tem Mensinger spoke on trash collection; power poles; and storefronts. (05:25:26) Discussion ensued on the trash collection process and the Sanitary District. (05:26:55) Minutes — Regular Meeting -- October 7, 2014 - Page 9 UNOFFICIAL UNTIL APPROVED Council Member Leece spoke on the type of businesses to be at location; and the General Plan. (05:27:33) Discussion ensued on parking spaces. (05:34:42) Public Comments: Jay Humphrey, Costa Mesa, spoke on cumulative traffic effects; no backyards; and open space. (05:36:21) Robin Leffler, Costa Mesa, spoke on parking concerns; density; and car trips. (05:39:35) Chris McEvoy, Costa Mesa, spoke in opposition of the development. (05:42:18) T. Koken, Costa Mesa, spoke in opposition of the project. (05:45:11) Richard Huffman, Costa Mesa, spoke in opposition of the project. (05:46:24) Greg Tunnell, Costa Mesa, spoke on concerns regarding traffic; and congestion. (05:48:22) Speaker, Costa Mesa, spoke in opposition to the live work projects; and deviations. (05:51:38) Flo Martin, Costa Mesa, spoke on parking concerns; need for fewer units; and more common parking areas. (05:53:18) Council Member Leece spoke on density of the project; no open space; and concern with too much traffic. (05:55:37) Council Member Genis spoke on size of parking spaces; and building design. (05:56:28) Mayor Righeimer spoke in support of the roof decks. (05:58:03) ACTION: City Council provided feedback on the project. Minutes — Regular Meeting — October 7, 2014 - Page 10 UNOFFICIAL UNTIL APPROVED MOTION: To continue the meeting past midnight MOVED/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 2. REQUEST FOR AMENDMENTS TO COUNCIL POLICY 400-2 REGULATIONS GOVERNING FIREWORKS -- Office of the Chief Executive Officer ACTION: Item was continued to the October 21, 2014 City Council meeting ITEMS REMOVED FROM THE CONSENT CALENDAR (06:00:21) 3. WARRANT RESOLUTION NO. 2523 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 14-18 "A" FOR $129.12, 14-19 FOR $2,029,407.87, 1419 "A" FOR $4,281.28, AND 14-20 FOR $2,116,460.46; AND CITY OPERATING EXPENSES FOR $3,093,615; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID Public Comments: T Koken, Costa Mesa, spoke on a payment to an employee. (06:00:34) MOVED/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: Approved Warrant Resolution No. 2523, to be read by title only and further reading waived. Minutes -- Regular Meeting — October 7, 2014 - Page 11 UNOFFICIAL UNTIL APPROVED 4. APPROVE RESOLUTIONS FOR THE APPLICATION OF GRANT FUNDS FROM THE ARTERIAL PAVEMENT MANAGEMENT PROGRAM FOR THE BRISTOL STREET (FROM THE 405 FREEWAY TO RANDOLPH AVENUE) AND THE BEAR STREET (FROM WAKEHAM PLACE TO THE 405 FREEWAY) PROJECTS Public Comments: Flo Martin, Costa Mesa, spoke on grant monies; and prevailing wage. (06:01:34) 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. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted Resolution No. 1466, to be read by title only and waived further reading, for the submittal of a grant application to the Orange County Transportation Authority (OCTA), Arterial Pavement Management Program (APM) for the Bristol Street from the 405 Freeway to Randolph Avenue Project; 2. Adopted Resolution No. 14-67, to be read by title only and waived further reading, for the submittal of a grant application to the Orange County Transportation Authority (OCTA), Arterial Pavement Management Program (APM) for the Bear Street from Wakeham Place to the 405 Freeway Project; and 3. Authorized the Public Services Director as the City's authorized representative. CONTINUED PUBLIC COMMENTS (06:03:23) Chris McEvoy, Costa Mesa, spoke on students voting on Measure P. (06:03:31) Beth Rafakes, Costa Mesa, spoke about the Military Affairs Team. (06:07:03) Greg Tunnel[, Costa Mesa, spoke on standards and hypocrisy. (06:10:11) Robin Leffler, Costa Mesa, spoke on civility; budgets; and campaign emails. (06:13:38) Speaker, Costa Mesa, spoke about the Mayor; addressing Council; and medical marijuana legal billing. (06:17:13) Minutes — Regular Meeting — October 7, 2014 - Page 12 UNOFFICIAL UNTIL APPROVED Brian Harris, Costa Mesa, spoke in opposition of changing Council Policy 400-2 pertaining to fireworks; supports the sale of safe and sane firework as the sales supports organizations. (06:20:50) REPORT -- CITY ATTORNEY — NONE ADJOURNMENT -- To the Regular Meeting, October 21, 2014, 5:00 p.m. The Mayor adjourned the meeting at 12:25 a.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — October 7, 2014 - Page 13 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, COSTA MESA HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY July 16, 2013 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, and Council Member Genis Council Members Absent: Council Member Monahan (Arrived at 6:10 p.m.) PUBLIC COMMENTS ON CLOSED SESSION ITEMS - NONE CLOSED SESSION The City Council recessed into closed session at 5:04 p.m. to consider the following items.- Conference tems: Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organizations: Costa Mesa City Employee Association (CMCEA), Costa Mesa Firefighters Association (CMFA), Costa Mesa Police Officers Association (CMPOA) and Costa Mesa Police Management Association (CMPMA), Costa Mesa Fire Management Association, and Costa Mesa Division Managers Association 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). 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 6:00 p.m. CALL TO ORDER (00:00:12) Minutes — Regular Meeting — July 16, 2013 - Page 1 UNOFFICIAL UNTIL APPROVED PLEDGE OF ALLEGIANCE (00:00:15) — Led by Council Member Leece MOMENT OF SOLEMN EXPRESSION - NONE ROLL CALL (00:00:48) Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Leece, Council Member Genis and Council Member Monahan (arrived at 6:10 p.m.). 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, Interim City Engineer Fariba F'azeli, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:01:00) The City Attorney stated that there was no reportable action. ANNOUNCEMENTS (00:02:00) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS - NONE PUBLIC COMMENTS (00:04:17) Martin Millard, Costa Mesa, spoke about code enforcement, and a public records request he submitted. (00.04:36) Sheila Pfafflin, Costa Mesa, expressed her opposition to the W. 18th Street development. (00:07:10) Jay Humphrey, Costa Mesa, spoke on the Visioning Workshop, and fireworks. (00:09:55) Beth Refakes, Costa Mesa, commented on fireworks, and attendance at the General Plan meetings. (00:12:20) Speaker, Costa Mesa, expressed support of banning fireworks. (00:14:49) Robin Leffler, Costa Mesa, played a video clip of the Mayor speaking about the Charter. (00:16:07) Minutes — Regular Meeting — July 16, 2013 - Page 2 UNOFFICIAL UNTIL APPROVED COUNCIL. MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS Council Member Leece spoke on fireworks and the formation of a subcommittee to study fireworks; liquor licenses and Alcohol Beverage Control training; General Plan workshops; upcoming meeting for the improvement of the 405 freeway; appeal of the temporary lights at Harper School; field use at Fairview Developmental Center; fields at Whittier School; costs for the field ambassador and the repair and maintenance of the lights; the 60th Anniversary Committee volunteers; and 2.5 Franchise Fee on Consent Calendar Item 6. (00:19:52) Council Member Monahan spoke about Triangle Square; West 18th Street Development; firework safety and fireworks as an opportunity for youth groups to raise money; AYSO 97 and the lights at Harper School; field use by Costa Mesa and Newport Beach residents; code enforcement; multi -family complexes; and Eastside street improvements. (00:30:18) Mayor Righeimer responded to public comments regarding a video clip of him speaking; spoke about the charter and process; the Fourth of July holiday and enforcement; Westside project; upgrades and improvements to the city; and public employee pensions. (00:39:02) Mayor Pro Tem Mensinger expressed his support for the 18th Street Development; spoke on developments and traffic concerns that never came to fruition; improvements in the city; Fourth of July week; safe and sane fireworks; the 60th Anniversary event; thanked staff for their efforts to solve an issue; and expressed support for the lights at Harper School. (00:50:56) Council Member Genis spoke on Quonset huts, the Metro Pointe development, and public noticing; expressed concerns regarding fireworks; thanked TNT for cleaning up the parks; spoke on Measure V from 1990 regarding conflict of interest and campaign contributions; and thanked for the installation of the bluebird boxes in the parks. (01:02:17) Ex -Parte Communications: Council Member Leece disclosed she had a conversation with Jennifer Muir of Orange County Employees' Association regarding pension reform. (01:10:10) REPORT -CHIEF EXECUTIVE OFFICER (CEO) (01:11:05) CEO Hatch spoke about franchise fee and gross receipts related to Consent Calendar Item 6; the public records request process and code enforcement; discount coupons for admission to the Orange County Fair; the upcoming Target Symphony in the Cities event; the 60th Anniversary Committee; and noted a request to change the public hearing date from August 20, 2013 to September 3, 2013 for Consent Calendar Item 5. Minutes — Regular Meeting — July 16, 2013 - Page 3 UNOFFICIAL UNTIL APPROVED CONSENT CALENDAR (01:17:23) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 8 except for Items 3 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. Noes: None Absent: None Abstain: Mayor Righeimer (on Consent Calendar Item No. 8) Motion carried: 5-0 (Items 1-8, excluding Item Nos. 3, 5, and 8) Motion carried: 4-0-1 (on Consent Calendar Item No. 8) 1. READING FOLDER a. Claims received by the City Clerk: Robert G. Voll and Robert McKenzie b. Requests for Alcohol Beverage Control Licenses: 1. For Filomena's, LLC, dba Filomena's Italian Kitchen, at 2400 Newport Boulevard #4, an original State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). 2. For 3 Men and a Dog, LLC, dba Jerry's Wood Fired Dogs, at 1510 Adams Avenue, Suite B, an original State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). 3. For Akenavin Corporation, dba Nimman Thai Cuisine, 1450 Baker Street, Suite C, a person-to-person transfer of a State Alcoholic Beverage Control (ABC) License Type "41" (On -Sale Beer and Wine, Eating Place). 4. For Costa Mesa 55 Tavern & Bowl, LLC, dba Costa Mesa Tavern & Bowl, 1875 Newport Boulevard, Suite L1-111, a person-to-person and premise - to -premise transfer of a State Alcoholic Beverage Control (ABC) License Type "47" (On -Safe General, Eating Place). ACTION: Received and filed 2. MINUTES: Regular Meeting of May 21, 2013. ACTION: Approved. Minutes — Regular Meeting — July 16, 2013 - Page 4 UNOFFICIAL UNTIL APPROVED 4. WARRANT RESOLUTION 2481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 13-13 "A" AND 13- 14 AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 13-13 "A" for $-4,018.38, Payroll No. 13-14 for $2,003,177.64 and City operating expenses for $1,611,197.25. ACTION: Approved. 6. PROFESSIONAL SERVICES AGREEMENT FOR REFUSE REMOVAL SERVICES AT CITY FACILITIES 1. City Council approved the Professional Services Agreement with Ware Disposal Company, Inc., 1018 N. Lincoln Street, Santa Ana, CA 92701, for a two (2) year contract for Refuse Removal Services at City facilities for a not -to exceed cost of $108,921 annually, if the parties subsequently agree in writing; and 2. Authorized the Public Services Director to extend the Professional Services Agreement each fiscal year, for up to a maximum of five (5) additional one- year terms, as applicable, only if the rate increase is equal to or less than the annual Consumer Price Index (CPI). 7. PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE FAIRVIEW PARK WETLANDS BOARDWALK ACTION: 1. City Council awarded a contract to David Volz Design, 151 Kalmus Drive, Costa Mesa, CA 92626 in the amount of $124,895 for professional services for the Design of the Fairview Park Wetlands Boardwalk Project; and 2. Approved Budget Adjustment No. 14-004 in the amount of $124,895; and 3. Authorized the Mayor and the City Clerk to execute the Professional Services Agreement and Budget Adjustment. Minutes — Regular Meeting -- July 16, 2013 - Page 5 UNOFFICIAL UNTIL APPROVED 8. FIRST AMENDMENT TO COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PREDEVELOPMENT LOAN AND COMMITMENT OF HOME PROGRAM FUNDS AGREEMENT MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Ayes: Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece, Council Member Monahan Noes: None Abstain: Mayor Righeimer, due to a conflict of interest as he is a Board Member for Mercy House. Motion carried: 4-0-1 ACTION: City Council and Housing Authority approved the First Amendment to Community Housing Development Organization (CHDO) Predevelopment Loan and Commitment of HOME Program Funds Agreement ("First Amendment") by and among the City of Costa Mesa ("City") and the Costa Mesa Housing Authority ("Housing Authority") and Mercy House CHDO, Inc. ("Mercy House") and Wakeland Housing and Development Corporation ("Wakeland"). The Mercy House and Wakeland team is collectively referred to as "Developer". The First Amendment increases the Predevelopment Loan by $85,257, which results in a total commitment of up to $585,257 in prior years' HOME funds for a permanent supportive housing project to serve the Costa Mesa homeless population. ITEMS REMOVED FROM THE CONSENT CALENDAR (01:18:09) 3. WARRANT RESOLUTION 2480: 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 $1,117,692.37. (01:18:18) Mike Hermanos, Costa Mesa, spoke regarding the payment to Kim Barlow, Jones & Mayer. (01:18:29) MOTION/SECOND: Council Member Monahan/Mayor Pro Tem Mensinger Ayes: Council Member Genis, Council Member Leece, Council Member Monahan, Mayor Pro Tem Mensinger, and Mayor Righeimer. Noes: None Absent: None Motion carried: 5-0 ACTION: Approved. Minutes — Regular Meeting — July 16, 2013 - Page 6 UNOFFICIAL UNTIL APPROVED 5. NOTICE OF INTENT FOR THE VACATION OF A PORTION OF FULLERTON AVENUE AT 1826 FULLERTON AVENUE (01:18:07) MOTION/SECOND: Council Member Monahan/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. Noes: None Absent: None Motion carried: 5-0 ACTION: 1. City Council set a public hearing on September 3, 2013 for the vacation of a portion of Fullerton Avenue Right -of -Way (ROW); and 2. Adopted Resolution of intent to vacate a portion of Fullerton Avenue Right -Of - Way (ROW). PUBLIC HEARINGS — (01:20:21) 1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS (01:20:22) Staff report provided by Bobby Young, Finance and I.T. Director. (01:20:46) Discussion ensued regarding compliance; researching case files; and availability of spreadsheets. (01:22;53) Council Member Genis inquired if the lien at 2920 Royal Palm Drive should be on the list. (01:27:05) Public Comments: Robin Leffler, Costa Mesa, spoke on the interruption of speakers; and expressed support of reviewing the people on the list. (01:29:23) Sheila Pfafflin, Costa Mesa, expressed concern about proceeding due to anomalies raised; and spoke regarding the process being consistent and accurate. (01:30:49) Erik Jolliff, Costa Mesa, spoke about his property and his efforts to remedy the violation. (01:31:55) Minutes — Regular Meeting — July 16, 2013 - Page 7 UNOFFICIAL UNTIL APPROVED MOTION: Adopt Resolution No. 13 -XX entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations"; and direct staff to Remove #12 and #18 from the Special Assessment Liens List, Willa Bouwens-Killeen, Acting Chief of Code Enforcement, indicated that #12 is still on the list. (01:39:39) Council Member Monahan amended his motion to remove #18 only. (01:39:59) AMENDED MOTION: Adopt Resolution No. 13 -XX entitled "A Resolution of the City Council of the City of Costa Mesa certifying Special Assessments for Collection of Delinquent Civil Citations for Municipal Code Violations"; and direct staff to Remove #18 from the Special Assessment Liens List. MOVEDISECOND: Council Member Monahan/Mayor Pro Tem Mensinger Discussion ensued on the research of items on the agenda, the Special Assessment Liens process, code enforcement, policy change, and staff discretion regarding deadlines to pay fines. (01:40:15) 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 Motion carried: 5-0 Discussion ensued regarding options available for #18 on the Special Assessments list. (01:52:30) MOTION: Direct staff to omit #18 on the property tax roll and work with the property owner. 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. Noes: None Absent: None Motion carried: 5-0 OLD BUSINESS - NONE NEW BUSINESS (01:56:38) Council Member Monahan indicated he must recuse himself from New Business Item #2, as he lives within 500' and he left the Council Chambers. (01:56:53) Minutes — Regular Meeting -- July 16, 2013 - Page 8 UNOFFICIAL UNTIL APPROVED Mayor Righeimer requested that New Business Item #2 be heard out of order. (01:57:10) 2. GENERAL PLAN SCREENING GPS -13-02 - FOR PROPOSED 208 -UNIT RESIDENTIAL APARTMENT PROJECT AT 1973 NEWPORT BOULEVARD (01:57:27) Staff report provided by Minoo Ashabi, Principal Planner. (01:57:50) Discussion ensued regarding peak hour trips. (02:01:15) Ex -Parke Communications: Mayor Pro Tem Mensinger informed that he spoke with the developer. (02:02:38) Mayor Righeimer informed that he spoke with the broker. (02:02:42) Pat Helgeson, representative from Province Group, spoke about the project and addressed concerns. (02:02:57) Discussion ensued regarding Province Group's other projects; affordable units and the Regional Housing Needs Assessment; and similarities and differences between the proposed project and the Fairfield project. (02:12:07) Public Comments: Ken Nyquist, Costa Mesa, expressed opposition to the General Plan Amendment. (02:18:08) Mary Jo Baretich, President of the Golden State Manufactured -Home Owners League, expressed opposition to the General Plan Amendment. (02:22:40) James Wiener, Costa Mesa, expressed opposition to the General Plan Amendment. (02:25:50) Janet Nyquist, Costa Mesa, expressed opposition to the General Pian Amendment. (02:29:21) Ginger Roberts, Costa Mesa, expressed opposition to the General Plan Amendment. (02;32:12) Koreen Lieber, Costa Mesa, expressed opposition to the General Pian Amendment. (02:33:24) Sandy Johnson, Costa Mesa, expressed opposition to the General Plan Amendment. (02:36:55) Minutes -- Regular Meeting — July 16, 2013 - Page 9 UNOFFICIAL UNTIL APPROVED Marlene Harrell, Costa Mesa, expressed opposition to the General Plan Amendment. (02:41:03) Valarie Hartzell, Costa Mesa, expressed opposition to the General Plan Amendment. (02:44:00) Robin Leffler, Costa Mesa, expressed opposition to the General Plan Amendment. (02:46:44) Bud Petty, Costa Mesa, expressed opposition to the General Plan Amendment. (02:50:02) Jay Humphrey, Costa Mesa, expressed opposition to the General Plan Amendment. (02:51:07) Dominick Giambona, Costa Mesa, expressed opposition to the General Plan Amendment and requested to have more time spent on the development. (02:53:39) John Curtis, Costa Mesa, expressed opposition to the General Plan Amendment and requested that the area be rezoned as something other than a high-density project. (02:56:33) Nora Lugo, Costa Mesa, expressed opposition to the General Plan Amendment. (02:58:34) Larry Sutton, owner of Orange County Trailer Supply, informed that he owns land that is shown on the map as part of the project and stated he would not be selling his land. (02:00:02) Rachael Ursulo, Costa Mesa, expressed opposition to the General Plan Amendment. (03:01:05) Beth Refakes, Costa Mesa, expressed opposition to the General Plan Amendment. (03:02:01) Thea Stanton, Costa Mesa, expressed opposition to the General Pian Amendment. (03:05:06) Kathy Motley, Costa Mesa, spoke on Province Group's presentation and notification of the public; and expressed opposition to the General Plan Amendment. (03:05:57) Sheila Pfafflin, Costa Mesa, expressed concerns regarding the lack of notification of the residents; expressed opposition to the General Plan Amendment; and Minutes — Regular Meeting — July 16, 2013 - Page 10 UNOFFICIAL UNTIL APPROVED spoke on the absence of an analysis of senior citizen housing requirements in the staff report. (03:07:55) Mark Garando, Costa Mesa, expressed opposition to the General Plan Amendment. (03:10:13) Dominick Giambona, Costa Mesa, spoke on the mobile -home parking being a "gem" community. (03:13:00) Frank Alvarez, Costa Mesa, expressed opposition to the General Plan Amendment. (03:13:04) Joel French, Costa Mesa, expressed opposition to the General Plan Amendment. (03:17:50) Discussion ensued regarding the properties in negotiation; parcels that have yet to be acquired; and the applicant's request. (03:18:58) City Attorney Duarte advised that the item can be continued and tabled in order to request more information on the item. (03:22:36) Mayor Righeimer spoke on the issue of the mobile home park owner's rights, the process of changing a zone, affordable housing, and zone changes involving motels; and expressed concern with moving forward with the project. (03:22:50) Council Member Genis expressed concerns regarding the easement through Sandpiper, the high-density project, children at the bus stop, and the loss of affordable and senior housing; and expressed opposition to the General Plan Amendment. (03:27:33) Council Member Leece expressed concern regarding the parking, traffic, fire study, and the taking away of affordable housing; informed of the minimal amount of green space; and expressed opposition to the General Plan Amendment. (03:29:27) Mayor Pro Tem Mensinger indicated that the project had many unanswered questions, and requested staff to come back with the ultimate disposition of the property. (03:31:52) MOTION/SECOND: Mayor Pro Tem Mensinger/Council Member Leece The motion carried by the following roll call vote: Ayes: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Genis, Council Member Leece Noes: None Abstain: Council Member Monahan Motion carried: 4-0-1 Minutes — Regular Meeting — July 16, 2013 - Page 11 UNOFFICIAL UNTIL APPROVED ACTION: City Council denied General Plan Amendment request for processing to amend the land use designation from General Commercial (CG) to High Density Residential (HDR) related to development of a 208 -unit apartment complex project. 1. URBAN MASTER PLAN SCREENING (UMP -13-04) FOR A 29 -UNIT LIVEIWORK DEVELOPMENT LOCATED AT 643 AND 651 W. 17TH STREET AND 1677 SUPERIOR AVENUE (03:46:55) Ex -Parte Communications: Council Member Leece disclosed that she met with Roger Vincent and Mr. Peter Lauener. (03:47:15) Mayor Pro Tem Mensinger informed that he spoke on the phone with the developer. (03:47:24) Staff report provided by Minoo Ashabi, Principal Planner. (03:47:30) Peter Lauener, President of Intracorp Companies, spoke about the project. (03:51:35) Discussion ensued regarding traffic and trip generation; reconfiguring the intersection; the fire access; zoning; density; the architecture and aesthetics of the project; and the General Plan update traffic studies. (03:59:18) Public Comments: Sheila Pfafflin, Costa Mesa, expressed concern with the high density and increase in traffic. (04:11:30) Jay Humphrey, Costa Mesa, read comments on behalf of Eleanor Egan regarding the project. (04:14.17) Jay Humphrey, Costa Mesa, expressed concern regarding traffic and housing in an industrial area. (04:15:48) Mark Rondo, Costa Mesa, expressed concern regarding the floor plans, parking workspaces, the top deck, and the industrial complex next door. (04:16:07) Beth Refakes, Costa Mesa, expressed concerns regarding the daily trip increase, the intersection, pedestrian safety, and congestion in the area. (04:19:23) Minutes — Regular Meeting — July 16, 2013 - Page 12 UNOFFICIAL UNTIL APPROVED Robin Leffler, Costa Mesa, expressed concerns with guest parking; spoke on the possibility of the whole project turning into residential; a shade and shadow analysis; urged Council to wait for the General Plan review before making decision; and recommended having design standards. (04:22:37) Council Member Genis expressed concern regarding the workspace being too small and the placement of the parking spaces. (04:25:51) Mayor Pro Tem Mensinger spoke on the types of businesses that typically go into live/work and the configuration of the project. (04:27:10) Discussion ensued regarding the buffer, a homeowners' association and HOA enforcement. (04:28:14) ACTION; City Council provided feedback on the proposed 29 -unit live/work project within the 19 West Urban Plan Area. REPORT -- CITY ATTORNEY - NONE The Mayor adjourned the meeting at 10:42 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — July 18, 2013 - Page 13 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL JOINT STUDY SESSION OF THE CITY COUNCIL AND PLANNING COMMISSION January 28, 2094 CALL TO ORDER The meeting was called to order by the Mayor at 4:35 p.m. at the Emergency Operations Center (EOC), Civic Center, 77 Fair Drive, Costa Mesa, California, ROLL CALL Present: Mayor Righeimer, Mayor Pro Tem Mensinger, Council Member Monahan, Council Member Genis, Commissioner McCarthy, Commissioner Sesler, and Chair Fitzpatrick. Absent: Council Member Leece, Vice Chair Dickson, and Commissioner Matthews Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant CEO Rick Francis, Economic and Development Services Director. Gary Armstrong, Public Services Director Ernesto Munoz, Senior Planner Minoo Ashabi, and City Clerk Brenda Green. GENERAL PLAN UPDATE -- LAND USE ALTERNATIVES (00:01:10) Presentation by Laura Stetson from MIG. (00:01:30) PUBLIC COMMENTS (00:58:55) Jay Humphrey, Costa Mesa, spoke on density, park space, impact fees, and urbanization of the Westside. (00:59:00) Perry Valantine, Costa Mesa, spoke about potential development in areas A, B, G and F; and expressed concerns regarding density and development impacts on Harbor Boulevard, Newport Boulevard, and areas of the Westside. (01:01:37) COUNCIL AND COMMISSION COMMENTS (01:03:15) Mayor Righeimer read a letter from Council Member Leece regarding traffic impacts, density, involvement of residents in the process, mobile home parks, and changes to Area E in the Westside Mixed Use and Overlay zone. (01:03:21) Council Member Genis spoke on high density housing, affordable housing, maximizing development potential, long-term economic viability of elements in the General Plan, industrial shifting to high density residential, mobile home uses, the number of police calls, and stress on infrastructure. (01:04:45) Minutes — Special Joint Study Session — January 28, 2014 - Page 1 UNOFFICIAL UNTIL APPROVED Commissioner McCarthy spoke about vacant and underutilized spaces, the north area of Costa Mesa and the opportunity to grow in the area, the number of apartments recently built in the city, traffic impacts, bikeability, and walkability. (01:10:07) Mayor Righeimer commented on residential apartment buildings, traffic mitigation, and fixing properties in Area A; consolidation of properties on Harbor Boulevard; motels, Westside land use and overlays, and traffic on Newport Boulevard; densities with two properties in the Westside; traffic issues, the Baker apartment project, and offices in the SoBeca area; and consolidation in the airport area. (01:13:33) Council Mernher Genis commented on vacancy rate in the SoCo area, expressed concern in the loss of industrial, and retail space available at South Coast Plaza. (01:24:44) City Council and Commission directed staff regarding land use alternatives, areas that do not need to be addressed, daily trips, consolidation of lots on Harbor Boulevard, and the area north of Baker Street (Area F). (01:26:27) Gary Armstrong, Economic and Development Service Director, spoke of the next steps in the process. (01:32:46) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Mayor Righeimer adjourned the meeting at 6:08 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Special Joint Study Session — January 28, 2014 - Page 2 UNOFFICIAL UNTIL APPROVED MINUTES OF THE SPECIAL STUDY SESSION OF THE COSTA MESA CITY COUNCIL February 10, 2015 CALL TO ORDER The meeting was called to order by the Mayor at 5:01 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. Location changed from Conference Room 1 A to the Council Chambers. ROLL CALL (00:00:28) Present: Mayor Mensinger, Mayor Pro Tem Righeimer, Council Member Monahan, and Council Member Genis Absent: Council Member Foley (Arrived at 5:30 p.m.) Officials Present: Chief Executive Officer Thomas R. Hatch, City Attorney Thomas Duarte, Assistant CEO Rick Francis, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, Interim Finance Director Stephen Dunivent, and City Clerk Brenda Green. PUBLIC COMMENTS (00:00:48) Flo Martin, Costa Mesa, spoke on debt management; and paying on the unfunded debt liability. (00:01:12) Mary Spadoni, Costa Mesa, spoke on the funding of the community app "Nixie" for the Police Department; and paying on the unfunded debt liability. (00:03:15) Tamar Goldmann, Costa Mesa, spoke in support of paying on the unfunded debt liability; and supports incentives for Police Officers. (00;05:12) ITEMS FOR DISCUSSION CEO Hatch provided an overview and staff report on financial and budget polices to be presented by Interim Finance Director Stephen Dunivent; spoke on five areas: general, revenue management, general expenditure management, minimum general fund balance, reserve and cash requirements, and debt management. Discussion on the interest savings on the Fire Side Fund. (00:06:36) Minutes — Special Study Session — February 10, 2015 - Page 1 UNOFFICIAL UNTIL APPROVED 1. (FINANCIAL AND BUDGET POLICIES Interim Finance Director Stephen Dunivent provided an overview of the Financial and Budget Policies; and presented a Power Point Presentation. (00:10:05) Mayor Pro Tem Righeimer spoke on cumulative savings of paying off pensions early; prepayments; Fire Side Fund; and concerns with fund payments on interest. (00:18:02) Council Member Monahan spoke on 7.5% fixed interest rate. (00:20:40) Council Member Genis requested clarification on fees and charges; and full cost recovery. (00:21:07) CEO Hatch stated that the City Council sets the fees and charges. (00:22:14) Discussion ensued on budget transfers between departments and their limits; and Council approval needed to transfer money between funds; and accountability for grants. (00:24:42) Ernesto Munoz, Public Services Director, spoke on reimbursable type grants. (00:28:50) Council Member Genis discussed net operating surplus. (00:27:24) Mr. Dunivent discussed changes in fund balance reported in the CAFR; and reviewed the budget variance. (00:28:04) Council Member Foley arrived 5:30 p.m. Mayor Mensinger requested a 5 year review of the past self-insurance reserves. (00:30:48) CEO Hatch advised that the policies will be brought to a future City Council meeting for formal adoption. (00:31:40) Council Member Genis requested clarification of various terms in the policy. (00:32.08) Mayor Pro Tem Righeimer spoke on operating carryover; surplus and paying off pension debt; and Fire and Police contributions to pay unfunded liability. (00:32:34) Council Member Monahan spoke on concerns of priorities of the policy. (00:33:50) Minutes --- Special Study Session -- February 10, 2015 - Page 2 UNOFFICIAL UNTIL APPROVED Council Member Foley advised that the Financial Advisory Committee had a lengthy discussion on the prioritization; unfunded pension liability was not the focus; and paying down debt not related to pensions. (00:36:31) ACTION: City Council provided Staff feedback regarding the Financial & Budget Policies. 2. FISCAL YEAR 2014-15 MID -YEAR BUDGET REPORT CEO Hatch provided an overview and staff report on the mid -year report; including the fiscal year status; summary of revenues and expenditures by division; and allocation of the contingency account. (00:39:36) Interim Finance Director Stephen Dunivent provided an overview of the Fiscal Year 2014-15 mid -year budget report; review of the CAFR; and a new budget variance of $6 million. (00:40:53) Council Member Monahan spoke on carryovers and requested a copy. (00:45:56) Mr. Dunivent spoke on the $2 million in the reserves; and $4 million for Capital Facilities. (00:48:03) Discussion ensued on the shift of unassigned fund balance. (00:50:06) CEO Hatch spoke on the allocation of capital facility funds allocated by approval only for specific projects. (00:51:06) Council Member Monahan requested from the Public Services Department a 7 -year capital improvement program; and a current budget projections to be included with staff report. (00:51:41) Discussion ensued on capital facilities and the vote of the Council. (00:53:00) Council Member Genis spoke on the general fund reserve; adopted budget ending balance; and the CAFR. (00:54:06) Discussion ensued with Council Member Monahan and Ernesto Munoz spoke on the gas tax funds and grants, and the Narcotics Forfeiture Fund. (01:06:53) Council Member Foley requested clarification of certain allocation in the General Fund Contingency Account. (01:10:21) Discussion ensued on parking citations; and red light cameras. (01:18:03) Minutes — Special Study Session — February 10, 2015 - Page 3 UNOFFICIAL UNTIL APPROVED Council Member Foley spoke on locating businesses operating without an active business license. (01:23:30) Mr. Dunivent spoke on the City's partnership with the Franchise Tax Board and comparing their files and records to those of the City's. (01:24:05) Council Member Monahan requested putting all the questions and answers in written form and include with the staff report. (01:27:47) Council Member Genis spoke on non -departmental expenditures; allocation of budget variance; and building the general fund reserves. (01:28:04) Mr. Dunivent discussed timing issues; budget transfer of general fund money to capital projects fund; and the allocation of contingency account budgeted in non - departmental section of budget. (01:29:06) Council Member Genis discussed budget variance; and allocation. (01:30:40) Discussion ensued on reserves; and rebuilding the General Fund. (01:32:11) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Council Member Genis discussed the upcoming SCAG conference in May 2015. (01:33:20) The Mayor adjourned the meeting at 6:35 p.m. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk Minutes — Special Study Session — February 10, 2015 - Page 4 UNOFFICIAL UNTIL APPROVED MINUTES OF THE REGULAR MEETING OF THE COSTA MESA CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND SPECIAL AGENDA FOR THE HOUSING AUTHORITY, SPECIAL AGENDA FOR THE ORANGE COUNTY FAIRGROUNDS AUTHORITY, AND SPECIAL AGENDA OF THE PUBLIC FINANCING AUTHORITY February 17, 2015 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 Mensinger, Mayor Pro Tem Righeimer, Council Member Foley, 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 5:05 p.m. to consider the following items: 1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Costa Mesa Police Management Association (CMPMA), pursuant to California Government Code Section 54957.6 Mayor Mensinger and Mayor Pro Tem Righeimer will recuse themselves from Item #2, potential conflict of interest due to a lawsuit with the POA. 2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Costa Mesa Police Officers Association (CMPOA), pursuant to California Government Code Section 54957.6 The City Council reconvened at 5:45 p.m. CALL TO ORDER The meeting was called to order by the Mayor at 5:45 p.m. in the Council Chambers at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California. Minutes -- Regular Meeting — February 17, 2015 - Page 1 UNOFFICIAL UNTIL APPROVED CALL TO ORDER (00:00:18) PLEDGE OF ALLEGIANCE (00:00:31) — Mayor Mensinger MOMENT OF SOLEMN EXPRESSION (00:01:02) Rabbi Reuven Mintz, Chabad Jewish Center ROLL CALL Present: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger 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 (00:03:40) • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) - None Council Member Foley stated all Council Members received an email from Bob Simonson regarding the street sweeping contract, Consent Calendar Item #7. (00:03:47) ANNOUNCEMENTS (00:04:08) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:06:36) Mayor Mensinger introduced new officiers of the 1St Battalion 5th Marines from Camp Pendleton; and presentation by Lieutenant Colonel Mark Carlton. (00:06:38) PUBLIC COMMENTS (00:13:51) Lori Ann Robeson, Costa Mesa, representing Residents for Responsible Desalination spoke on their town half meeting on Thursday March 5, 2015 in regards to Poseidon on our Shores. (00:14:31) Chuck Perry, Costa Mesa, thanked Staff for fixing median at 17th St. and work on Industrial Way; and spoke in support of another skate park and safety. (00:17:10) Minutes — Regular Meeting — February 17, 2015 W Page 2 UNOFFICIAL UNTIL APPROVED Beth Rafakes, Costa Mesa, spoke on community outreach meeting conflicts; supports budget workshops; the 55 freeway extension study; and the thanked 115 marines for their service. (00:18:45) Gay Royer, Costa Mesa, spoke on the Coffee with a Cop event; thanked volunteers with the 115; and spoke in support of Veterans and caring for them. (00:21:04) Jay Humphrey, Costa Mesa, spoke on Police force staffing levels; and community outreach meeting conflicts. (00:23:25) Mrs. Drain, Costa Mesa, requested a forensic audit on the 60th anniversary event. (00:25:15) Patricia Stone, Costa Mesa, spoke on Coffee with a Cop event; spoke on the Sober Living Ordinance, spoke in support of the Police phone application used by Newport Beach; and requested CAD/RMS to be working. (00:28:47) Debbie McGuire, Costa Mesa, spoke on a transient attack on an elderly woman; and problems with the homeless. (00:31:02) Gene Hutchins, Costa Mesa, spoke on pension contributions; and normal and unfunded contributions. (00:33:05) Speaker, Costa Mesa, spoke on Council Members attending conferences on prison realignment; and Sober Living Homes. (00:36:10) James Bridges, Costa Mesa, welcomed new Interim Police Chief Lowenberg; and spoke on Pension Oversight Committee appointments. (00:38:26) Speaker, Costa Mesa, requested a forensic audit of the 60th anniversary event; spoke on the unfunded pension liability; an Economic Development Plan; Sober Living Homes; and conferences. (00:41:38) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (00:44:46) Mayor Mensinger requested an update of the 55 Freeway terminus; spoke on the 115 Marines and volunteering; requested an update on the hiring of police force; spoke on the transient issue at Lions Park; and appointments to the Pension Oversight Committee. (00:44:47) Minutes — Regular Meeting — February 17, 2015 - Page 3 UNOFFICIAL UNTIL APPROVED Council Member Foley welcomed Interim Police Chief Lowenberg; thanked South Coast Plaza for the Lunar New Year celebration; spoke on the TET Festival at Fairgrounds; Mesa Water update on Desalination Plant; welcomed new Costa Mesa High School football coach; spoke on problems associated with transients and homeless; fixing the CAD/RMS system and community policing; spoke on a meeting with Mrs. Drain on the 60th anniversary event; Economic Development Plan; requests Overlay Zone update; liability and staffing at skate parks; and requests a meeting on Council priorities and email notifications of events to residents. (00:48:20) Council Member Genis spoke on the desalination pipeline concerns; public survey on Fairview Park; and spoke on fiscal impacts on land use and development study. (00:56:14) Gary Armstrong spoke on the fiscal impact study. (00:59:07) Council Member Monahan had no comments. (00:59:29) Mayor Pro Tem Righeimer welcomed Interim Police Chief Lowenberg; spoke on the desalination issue; spoke on Council Member Foley meeting with residents in regards to 60th anniversary; spoke on unfunded pension liability and rates; spoke on Sober Living Homes process; meet the Mayor on March 4, 2015 at College Park; and personal vacations. (00:59:44) REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:10:44) CEO Tom Hatch stated there would be no budget Study Session on February 24, 2015; spoke on meeting dates on the website; a library meeting at NCC on March 5, 2015 at 6:00 p.m; welcomed Interim Police Chief Lowenberg; spoke on the CAD/RMS update; the prison realignment meeting; on homeless efforts; challenges; Economic Development draft Plan; and Police force staffing update. CONSENT CALENDAR (01:25:23) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 17 except for Items 7, 9, 10, and 11. MOVED/SECOND: Council Member Monahan/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motions carried: 5-0 Minutes — Regular Meeting — February 17, 2015 - Page 4 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 approved and adopted of same by reading title only. 2. READING FOLDER a. Claims received by the City Clerk: Claudia Gardner, John Ordaz, Darren Peralta, Lori Simpson and Breahna M. Wheeler. ACTION: City Council received and filed. 3. WARRANT RESOLUTION NO. 2530 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-02 "A" FOR $2,294.81 AND 15-03 FOR $2,028,618.74; AND CITY OPERATING EXPENSES FOR $2,499,727.92; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID ACTION: City Council approved Warrant Resolution No. 2530, to be read by the title only, and waived further reading. 4. AMENDMENT TO EXISTING PROFESSIONAL SERVICES AGREEMENT WITH WESTERN TRANSIT, INC. ACTION: 1. City Council approved an amendment to the existing Professional Service Agreement with Western Transit Systems, Inc. to include contract driver services and a para -transit vehicle to transport seniors to medical appointments; and 2. City Council accepted the awarded grant in the amount of $106,710 from the Hoag Memorial Hospital Presbyterian Community Benefit Program to be specifically used for the Medical Transportation Program; and 3. City Council authorized the Chief Executive Officer to sign the amended 2 - year PSA with Western Transit in the amount not to exceed $213,419.70; and 4. City Council authorized the CEO to sign a Purchase Requisition for the amended PSA. Minutes — Regular Meeting — February 17, 2015 - Page 5 UNOFFICIAL UNTIL APPROVED 5. MINUTES ACTION: City Council approved the minutes of the regular meeting of the City Council, and Successor Agency of: October 21, 2014 and February 3, 2015; and the regular meeting of the City Council, Costa Mesa Housing Authority and Successor Agency of March 5, 2013, 6. A RESOLUTION OF THE COSTA MESA CITY COUNCIL AUTHORIZING THE CHIEF EXECUTIVE OFFICER OR HIS DESIGNEE TO EXECUTE A SUB - RECIPIENT AGREEMENT WITH THE CITY OF SANTA ANA TO RECEIVE A GRANT UNDER THE FY 2014 URBAN AREAS SECURITY INITIATIVE (UASI) ACTION: 1. City Council adopted Resolution No. 15-xx, to be read by title only, and waived further reading, that authorizes the Chief Executive Officer or his designee to execute the Sub -Recipient Agreement with the City of Anaheim to receive a grant under the FY 2014 Urban Areas Security Initiative (UASI) Grant Program; and 2. City Council authorized the Police Department to accept FY 2014 UASI reimbursement funds allocated to the City of Costa Mesa in an amount not to exceed $13,795. This amount will reimburse fire and approved city Personnel who assist with the instruction and delivery of approved UASI courses; and 3. City Council approved Budget Adjustment No. 15-010 in the amount of $13,795 to increase revenue and appropriate the grant funds to the Police Department's operating budget. 8. CITY COUNCIL AND THE PUBLIC FINANCING AUTHORITY RESOLUTIONS DISSOLVING THE ORANGE COUNTY FAIRGROUNDS AUTHORITY ACTION: 1. City Council adopted Resolution No. 15-09 to be read by title only and further reading waived: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, AUTHORIZING THE DISSOLUTION OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY; and 2. Costa Mesa Public Financing Authority adopted Resolution No. PFA 1501 to be read by title only and further reading waived: A RESOLUTION OF THE COSTA MESA PUBLIC FINANCING AUTHORITY AUTHORIZING THE DISSOLUTION OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY. Minutes — Regular Meeting — February 17, 2015 - Page 6 UNOFFICIAL UNTIL APPROVED 12. COOPERATIVE AGREEMENT FOR THE BRISTOL STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT ACTION: 1. City Council approved the Cooperative Agreement between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) for the Bristol Street Traffic Signal Synchronization (TSS) Project; and 2. City Council authorized the Mayor and City Clerk to execute the above agreement. 13. TRAFFIC SIGNAL MAINTENANCE CONTRACT ACTION; 1. City Council awarded a contract for the maintenance of the City's traffic signals commencing on March 1, 2015 with an initial term of four (4) years and an automatic renewal for an additional three (3) one-year terms to Siemens Industry, Inc., 1266 North La Loma Circle, Anaheim, CA 92806- 1801; and 2. City Council authorized the Chief Executive Officer and the City Clerk to execute the agreement. 14. COOPERATIVE AGREEMENT FOR THE HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT ACTION: 1. City Council approved the Cooperative Agreement between the City of Costa Mesa and the City of Santa Ana for the Harbor Boulevard Traffic Signal Synchronization (TSS) Project; and 2. City Council authorized the Mayor and City Clerk to execute the above agreement. 15. RESOLUTION MODIFYING THE STUDY SESSION START TIME ACTION: City Council adopted Resolution No. 15-08, to be read by title only and further reading waived,: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, CHANGING THE START TIME FOR THE CITY COUNCIL STUDY SESSION OCCURRING ON THE SECOND TUESDAY OF EACH MONTH. Minutes — Regular Meeting — February 17, 2015 - Page 7 UNOFFICIAL. UNTIL. APPROVED 16. REVIEW AND APPROVAL OF THE SUCCESSOR AGENCY'S ADMINISTRATIVE BUDGET FOR THE 15-16A SIX-MONTH FISCAL PERIOD OF JULY 11 2015 TO DECEMBER 31, 2015 ACTION: Successor Agency adopted Successor Agency Resolution No. 15 -XX, to be read by the title only, and waived further reading, approving the Successor Agency's Administrative Budget for the 15-16A Six -Month Fiscal period subject to submittal and approval by the Oversight Board pursuant to the Dissolution Law. 17. REVIEW AND APPROVAL OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE 15-16A SIX-MONTH FISCAL PERIOD OF JULY 1, 2015 TO DECEMBER 31, 2015 ACTION: Successor Agency adopted Successor Agency Resolution No. 15 -XX, to be read by the title only, and waived further reading, approving the recognized Obligation Payment Schedule for the 15-16A Six -Month Fiscal Period of July 1, 2015 to December 31, 2015 ("ROPS 15-16A"), subject to submittal to and review by the Oversight Board and then DOF. Further, the Assistant Finance Director, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s) with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF. ----------------------------------- END OF CONSENT CALENDAR ---------------------------- ------- Minutes — Regular Meeting — February 17, 2015 - Page 8 UNOFFICIAL UNTIL APPROVED Recess the City of Costa Mesa City Council Successor Agency to the Redevelopment Agency and Special Agenda for the Housing Authority, and Public Financing Authority. CONVENED TO THE ORANGE COUNTY FAIRGROUNDS AUTHORITY (01:26:15) CONSENT CALENDAR: 1. ORANGE COUNTY FAIRGROUNDS AUTHORITY RESOLUTION DISSOLVING THE ORANGE COUNTY FAIRGROUNDS AUTHORITY MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. Orange County Fairgrounds Authority adopted minutes of June 22, 2010 Special Meeting; and 2. Orange County Fairgrounds Authority adopted Resolution No. OCFA 15-01 to be read by title only and further reading waived; A RESOLUTION OF THE BOARD OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY; AUTHORIZING DISSOLUTION OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY. ADJOURNED ORANGE COUNTY FAIRGROUNDS AUTHORITY (01:27:06) Minutes — Regular Meeting -- February 17, 2015 - Page 9 UNOFFICIAL UNTIL APPROVED Convened to the City of Costa Mesa City Council Successor Agency to the Redevelopment Agency Special Agenda for the Housing Authority, and Public Financing Authority. PUBLIC HEARINGS — 7:00 P.M. (Resolution NO. 0555): None OLD BUSINESS: None NEW BUSINESS — (01:27:19) 1. FIRST READING OF AN ORDINANCE AMENDING CHAPTER IV (SENIOR COMMISSION) OF THE COSTA MESA MUNICIPAL CODE INCREASING THE NUMBER OF MEMBERS OF THE SENIOR COMMISSION Recreation Manager, Travis Karlen, provided the Staff Report. (01:27:40) Council Member Foley spoke on increasing the Committee Membership to nine. (01:29:03) MOVED/SECOND: Council Member Foley/Council Member Genis MOTION: Introduce Ordinance No. 15-02 and increase to nine Commissioners. SUBSTITUTE MOTION MOVED/SECOND: Mayor Pro Tem RigheimedMayor Mensinger The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council read by title only, waived further reading and introduced Ordinance No. 1502 increasing the number of senior commissioners from five (5) to seven (7)• 2. PARTICIPATION IN NATIONAL LEAGUE OF CITIES ANNUAL CONFERENCE CEO Tom Hatch and Public Affairs Manager, Dan Baker, provided the Staff Report. (01:35:06) Council Member Foley inquired about the brochure for the conference; and requested the specific platform and legislative items. (01:37:56) Minutes — Regular Meeting — February 17, 2015 - Page 10 UNOFFICIAL UNTIL APPROVED Council Member Genis spoke on previous attendance and usefulness of attending the conference; and recommended the Mayor to attend. (01:40:33) Mayor Mensinger spoke on the importance of attending the conference; and added he will be paying his own cost to attend. (01:43:19) Mayor Pro Tem Righeimer spoke in support of Mayor's attendance. (01:44:35) Council Member Genis spoke on the importance of having a conservative voice and stating your opinion. (01:45:34) Council Member Monahan spoke in agreement with Council Member Genis that it is important to have a conservative voice and your opinion to be heard. (01:46:52) Public Comments: Janine Smith, Costa Mesa, spoke on attending local conferences and Council. (01:47:47) MOTION: Approve Mayor and CEO attendance at the conference. MOVEDISECOND: Council Member Monahan/ The motion failed for lack of second. SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan. Approve Mayor Mensinger and CEO Thomas Hatch to attend the annual National League of Cities (NLC) Congressional City Conference and that the Mayor reimburses the City for his trip's cost. The motion carried by the following roll call vote: Ayes. Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: City Council provided formal approval, per Council Policy 100-8 for Mayor Mensinger and CEO Thomas Hatch to attend the annual National League of Cities (NLC) Congressional City Conference, March 7-11 in Washington, D.C. and that they Mayor reimburses the City for his trip cost. Minutes — Regular Meeting — February 17, 2015 - Page 11 UNOFFICIAL UNTIL APPROVED 3. STAFF DIRECTION REGARDING THE CITY REJOINING THE LEAGUE OF CALIFORNIA CITIES Public Affairs Manager, Dan Baker, provided the Staff Report. (01:50:16) Council Member Monahan inquired about the number of Orange County Cities that are members of the League of California Cities. (01:53:03) Dan Baker replied that there are 29 cities that are both members of the League and ACC -OC. (01:53:25) Discussion ensued on benefits of rejoining the League. (01:54:49) Tony Cardenas, representing League of California Cities; spoke on the benefits of joining the League; the membership; voting members; stated the League has no position on the high speed rail (Bullet Train) and water Delta Tunnels; and discussed sales tax on the internet being explored. (01:59:24) Mayor Pro Tem Righeimer spoke on the League taking positions on important issues; undecided on Council rejoining the League; discussed the cost of $25,000; and asked when big issues will be addressed. (02:02:44) Council Member Genis spoke on empowering cities as a primary goal. (02:05:38) Council Member Foley spoke on the League assisting with many issues like Group Homes; medical marijuana; and massage businesses. (02:07:01) Tony Cardenas, spoke on strategic priorities such as pension reform. (02:09:30) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of joining the League of Cities; spoke on not supporting legal issues. (02:10:28) Speaker, Costa Mesa, spoke in support of joining the League of the Cities. (02:12:37) Gay Royer, Costa Mesa, spoke in support of joining the League of the Cities. (02:15:21) Minutes — Regular Meeting — February 17, 2015 - Page 12 UNOFFICIAL UNTIL APPROVED MOVEDISECOND: Mayor Mensinger/Council Member Genis The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, and Mayor Mensinger. Nays: Mayor Pro Tem Righeimer Absent: None Motion carried: 4-1-0 ACTION: City Council approved membership in the league of California Cities. ITEMS REMOVED FROM THE CONSENT CALENDAR (02:26:26) 7. STREET SWEEPING SERVICES Director of Public Services, Ernesto Munoz, provided the Staff Report highlighting benefits of the company and savings. (02:26:47) Discussion ensued regarding parking enforcement on street sweeping days. (02:29:46) Council Member Monahan spoke on having GPS technology on the vehicles; and concern with ticketing problems. (02:31:33) Mr. Munoz spoke on GPS technology to monitor speeds and to .locate vehicles. (02:31:49) Council Member Genis spoke on concern of street sweeping and trash pickup service schedules; and coordinating schedules for holidays. (02:34:00) Council Member Foley spoke on inflated cost savings for a 5 year contract and not 8 years; requested monitoring the contract closely; and an automated citation program. (02:35:48) Mayor Mensinger spoke on the savings of pension costs by outsourcing employees for street sweeping services. (02:38:16) Public Comments: Jay Humphrey, Costa Mesa, spoke in support of the process; spoke on outsourcing without a Charter. (02:38:46) Mayor Pro Tem Righeimer spoke on outsourcing street sweeping; and on the Employee Association negotiations and concessions. (02:50:45) Minutes -- Regular Meeting — February 17, 2015 - Page 13 UNOFFICIAL UNTIL APPROVED Council Member Foley stated that City Employees gave up a lot in the negotiations. (02:42:03) Mayor Pro Tem Righeimer spoke on public versus private benefits. (02:43:10) MOVED/SECOND: Council Member Monahan/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council awarded a contract for street sweeping services to CleanStreet in the annual amount of $699,600 with an initial term of five (5) years, with three (3) optional one-year renewals; and 2. City Council authorized the Chief Executive Officer and the City Clerk to execute the Agreement. 9. 2013 — 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT: HARBOR BOULEVARD ALLEY (ALLEY NO. 16) AND BERNARD STREET ALLEY (ALLEY NO. 17) IMPROVEMENT — CITY PROJECT NO. 14- 09 Public Comments: Jay Humphrey, Costa Mesa, spoke on the receipt CDBG monies; and providing for the capital improvements. (02:44:03) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — February 17, 2015 - Page 14 UNOFFICIAL UNTIL APPROVED ACTION: 1. City Council accepted the work performed by Kalban, Inc., and authorized the City Clerk to file the Notice of Completion; and 2. City Council authorized the release of the Labor and Material Bond seven (7) months after the filing date; authorized the release of the Faithful Performance Bond one (1) year after the filing date; and authorized the release of the retention monies 35 days after the Notice of Completion filing date. 10. 2014 -- 2015 CITYWIDE PARKWAY CONCRETE REPAIR AND NEW SIDEWALK CONSTRUCTION PROJECT — CITY PROJECT NO. 14-12 MOVEDISECOND: Mayor Pro Tem Righeimer/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 ACTION: 1. City Council adopted plans, specifications, and working details for the 2014 — 2015 Citywide Parkway Concrete Repair and New Sidewalk Construction Project, City Project No. 14-12; and 2. City Council awarded a construction contract to C.J. Concrete Construction, Inc. 10142 Shoemaker Avenue, Santa Fe Springs, California, 90670, in the amount of $575,430.00; and 3. City Council authorized the Mayor and the City Clerk to execute the Public Works Agreement. 11. WALLACE AVENUE IMPROVEMENTS FROM 19TH STREET HAMILTON STREET — CITY PROJECT NO. 1403 MOVEDISECOND: Mayor Pro Tem Righeimer/Council Member Foley The motion carried by the following roll call vote: Ayes: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger. Nays: None Absent: None Motion carried: 5-0 Minutes — Regular Meeting — February 17, 2015 - Page 15 UNOFFICIAL. UNTIL. APPROVED ACTION: 1. City Council accepted the work performed by COPP Contracting Inc. and authorized the City Clerk to file the Notice of Completion; and 2. City Council authorized the release of the Labor and Material Bond seven (7) months after the filing date; authorized the release of the Faithful Performance Bond one (1) year after the filing date; and authorized the release of the retention monies 35 days after the Notice of Completion filing date. REPORT — CITY ATTORNEY — None (02:46:58) ADJOURNMENT — To the Regular Meeting, March 3, 2015, 5:00 p.m. The Mayor adjourned the meeting at 8:32 p.m. Stephen M. Mensinger, Mayor Brenda Green, City Clerk Minutes — Regular Meeting — February 17, 2015 - Page 16 Cl T Y COUNCIL AGENDA REPORT MEETING DATE: March 3, 2015 ITEM NUMBER: CC -6 SUBJECT: YEAR TWO OF THE SUPPORT PERIOD OF RIMINI STREET FOR ORACLE/PEOPLESOFT SUPPORT SERVICES DATE: February 18, 2015 FROM: INFORMATION TECHNOLOGY DEPARTMENT PRESENTATION STEVE ELY, I.T. DIRECTOR BY: FOR FURTHER INFORMATION CONTACT: STEVE ELY, 714-754-4891 RECOMMENDATION: Staff recommends that the City Council authorize the City CEO to sign the Purchase Requisition for $115,855 with Rimini Street, Inc. (Rimini), to continue providing support for the City's Oracle/PeopleSoft products on Year Two of the Support Period commencing on March 19, 2015. BACKGROUND: The City entered into a Master Services Agreement (MSA) with Rimini on February 24, 2014 for Rimini to provide Oracle/PeopleSoft technology support services to the City's Financial, Human Resources, database, and eApplications software systems, replacing Oracle Corporation that had been the one source of support for the City's PeopleSoft products for many years. The support period covered by the MSA with Rimini ends on March 18, 2029. ANALYSIS: The Oracle/PeopleSoft software support is a significant portion of the City's daily business processes - from processing cash receipts to paying vendors. The City cannot afford to be without access to these applications for any extended period of time. Due to the enormous cost of maintaining annual support for these products, staff continues to look into other potential software solutions that may make better financial sense for the City. In the meantime, Rimini satisfies the City's need for uninterrupted continuous support of the PeopleSoft systems. ALTERNATIVES CONSIDERED: Proceeding on a Time -and -Materials support basis is not available through Rimini Street or Oracle Under the terms of the MSA with Rimini, for "the period March 19, 2015 through March 18, 2016 (optional Year 2 of the Support Period), the Annual Support Fee shall be $115,855.00..." The rate of increase for the second support year and the succeeding support years until Year 15 is 5%. Staff is still looking into other potential software solutions that may make better financial sense for the City. Once staff has researched all other possibilities, it will present those findings to the City Council. FISCAL REVIEW: Funding for this agreement is included in the fiscal year 2014-15 adopted budget. LEGAL REVIEW: Legal has reviewed the documents and approved them as to form and content. CONCLUSION: Authorizing the CEO to sign the Purchase Requisition for Rimini for the Second Support Period Year of the MSA will provide for the continued support necessary to maintain the City's existing infrastructure and minimize the danger from system outages. STEVEN ELY I.T. Director STEPHEN DUNIVENT Interim Finance Director Attachments: 1. Purchase Requisition Tom Duarte City Attorney CITY OF COSTA MESA, CALIFORNIA ATTACHMENT 1 -� r u rc n a s e Ke q u i s i t i o n Ail Vendor ID: (Leave Blank for Time Stam (Assigned by Purchasing) Business Unit: CITY Date Requisitioned: 2/18/15 Department: I. T. Division: Como Systems De v Ship To Address: Contact Person: Steve El v Phone Number: 4891 Send Copy of P.O. to: ❑ Contact Person and / or Victoria ® Request is for Budgeted item(s) ❑ Request is for UNBUDGETED item(s)-(Memo Attached) ❑ Item(s) Pending Budget Amendment Request # ❑ Requesting Sole Source (Justification Form Attached) ❑ Fixed Asset Tag Request Item No. Qty Unit Items (Give Full Description: Size, Catalog No. Etc.) Unit Price Estimated Amount 1 1 LT PeopleSoft Support Services Agreement for 3/19/15 through 3/18/16 $ 115,855.00 ELECTRONIC DELIVERY ONLY /f additional lines are needed, please attach a second sheet Const./Prof. Svs. Agmt. Completion Date: Insurance Required: ® Yes (Certificate attache ❑ No Sales Tax (8.00%): Include Shipping Fee: Estimated Total Cost: 0.00 0.00 $115,855.00 Item # Account Fund Dept./OM. Program Project Amount 1 525702 101 14600 50710 $ 115,855.00 Comments: Total$ 115,855.00 insurance documents to follow. Vendor's quote attached. Suggested Vendor: RIMINI STREET Address: 3993 HOWARD HUGHES PKWY, STE. 780 City, State, Zip Code: LAS VEGAS, NV 89169 Proper approvals are required before requisition can be processed. Ordered By: Department Director/Authorized Signature Phone: 702-839-9671 Fax: 702-973-7491 Approved By: Director of Finance/Purchasing Officer Vendor's Contact Person: BILL COTE Approved By: nn, PURCHASING DIVISION USE ONLY Vendor ID: Buyer: Insurance valid thru Ship To/Location: I Due Date: Standard Comments: ACC-ALL-ARR -BLA- CON -DCP- DIS- FCA-FCI- FIX - INS - IS - IST-ORG -QTR- REM - SUB -T&C FINANCE DEPARTMENT USE ONLY Available Appropriation: ❑ Yes ONO As of: Confirmed By: 2385-20 MW REV.3/10 Rev FY09/10 Cl T Y COUNCIL AGENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: CC -7 SUBJECT: PROFESSIONAL SERVICES AGREEMENT TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR 216 -UNIT APARTMENT DEVELOPMENT AT 2277 HARBOR BOULEVARD DATE: FEBRUARY 18, 2015 FROM: DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION PRESENTATION MINOO ASHABI, PRINCIPAL PLANNER BY: FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, PRINCIPAL PLANNER Minoo.ashabi@costamesaca.gov RECOMMENDED ACTION Award contract to First Carbon Solutions (FCS) in the amount of $59,929.00 for preparation of the Initial Study/ Mitigated Negative Declaration (IS/ MND) for the proposed 216 -unit apartment development at 2277 Harbor Boulevard, authorize Mayor and City Clerk to sign and execute the contract, and authorize CEO to sign extensions or renewals of the contract. The total number of units may increase to 224, if the easement to the north of the property (0.15 -acre in area) is vacated through a separate action by City Council. BACKGROUND Proposed Project On May, 20, 2014, City Council conducted a General Plan Screening of the development concept for a 236 -unit apartment complex at 2277 Harbor Boulevard. The staff report and minutes of the screening can be accessed at the following link: http://www.costamesaca.gov/index.aspx?page=1675 On July 29, 2014, the applicant submitted revised project plans for the project for processing. The plans were modified from the General Plan Screening submittal by reducing the number of units to 216 units in a four story building, and a parking structure with 478 parking spaces. The 4 -acre site is zoned commercial and the following entitlements are requested: PA -14-27: Construct a 4 -story, 216 unit luxury residential apartment project on the site of the Costa Mesa Motor Inn (the current 236 -unit motel will be demolished to accommodate the proposed project). GP -14-02: Site specific amendment to the Costa Mesa General Plan to change the land use designation from GC (General Commercial) to HDR (High Density Residential) and a site specific density of 40 units to the acre. R-14-04: Zone Change from C1 (Local Business District) to PDR -HD (Planned Development Residential -High Density) CO -14-02: Zoning Code Amendment to allow a site specific density of 40 units to the acre. DBR-12-02: Density Bonus Review to allow a 35% increase in the number of units (160 units allowed; 216 units proposed) and to allow 35% of those units to be set aside for moderate income qualifying residents. The 4.15 -acre site at 2277 Harbor Boulevard is currently developed with the 236 -room, two- story Costa Mesa Motor Inn, originally established in 1972. The proposed project involves a General Plan Amendment for a High Density Residential land use designation and a site specific density. The proposed density is approximately 54 dwelling units per acre. There is an existing easement along a 0.15 -acre area of an alley on the property which requires Council approval to vacate. At this density, this equates to an overall total unit count of 224 units for the gross acreage of 4.15 acres subject to the requested vacation of the alley easement, or 216 units for the net site acreage of 4.01 acres if the easement were to remain in place. The proposed development and the IS/ MND will be subject to review and approval by the Planning Commission and City Council. Request for Proposals and Consultant Qualification On January 15, 2015, a Request for Proposals (RFP) was released to qualified consulting firms to prepare the IS / MND. A total of nine bids were received and approved for review. Because of extensive experience in multi -family housing projects and recent involvement in projects within the City of Costa Mesa and neighboring cities, First Carbon Solutions 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 First Carbon Solutions is qualified to perform the work due to the following considerations: Demonstrated relevant experience with residential development. First Carbon Solutions offers a wide range of in-house technical expertise and proposing a strong sub -consultant list for preparation and peer review of technical studies. In addition to preparation of Environmental Impacts Reports (EIR) for planned developments in cities of Bakersfield, San Diego, and Irvine (Oak Creek Community), FCS recently completed the Mitigated Negative Declarations for Uptown Village in Anaheim and Citrus Grove Apartments in City of Orange. History of successful collaborations with local jurisdictions. First Carbon Solutions has successfully collaborated with local jurisdictions throughout California and has long- standing relationships with the adjacent cities of Irvine, Anaheim, Orange and Tustin. First Carbon Solutions 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 27 years of combined 2 experience with CEQA and in the preparation of environmental impact reports. Furthermore, in its Proposal to Provide Services, First Carbon Solutions has committed senior staff to work on the proposal and reputable sub -consultants in specific fields. The total proposed contract amount is $59,929.00 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 $59,929.00 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 First Carbon Solutions 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 Attachment: Draft Professional Services GARY ARMSTRONG, AICP Director of Economic & Development / Deputy CEO reement 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) 3 File (2) Donald Lamm Diamond Star Associates, Inc. 4100 MacArthur Blvd., Suite 330 Newport Beach, CA 92660 Lionel Levy Chief Operations Officer Miracle Mile Properties, LP 4221 Wilshire Boulevard, Suite 480 Los Angeles, CA 90010 Michael Houlihan Fist Carbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 10 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH FIRST CARBON SOLUTIONS THIS AGREEMENT is made and entered into this 3rd day of March, 2015 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), Miracle Mile Properties, LP, ("Applicant") and First Carbon Solutions, ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to prepare environmental analysis for a 216 -unit apartment project at 2277 Harbor Boulevard, as more fully described in Exhibit A; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposal ("RFP"), attached hereto as Exhibit 'A," and consultant's Response to City's RFP ("the Response") attached hereto as Exhibit "B", both incorporated herein by this reference. Reference 2277 Harbor Boulevard, Costa Mesa, CA (PA -14-27) 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of CL. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed Fifty Nine Thousand Nine Hundred and Twenty Nine ($59,929.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of six months, ending on September 3, 2015, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, 9 — and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this reference. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City CEO or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly .-- q- provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: First Carbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 Tel: (714)508-4100 Email: fcoyle@fcs-intl.com Attn: Frank Coyle IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Tel: (714)754-5610 Email: minoo.ashabi@costamesa ca.gov Attn: Minoo Ashabi IF TO APPLICANT: Miracle Mile Properties, LP 4221 Wilshire Boulevard, Suite 480 Los Angeles, CA 90010 Tel: (323)937-1050 Email: lionel.l@cgmla.com Attn: Lionel Levy 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "F" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. I p.- 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation Date: [Mayor or Chief Executive Officer] CONSULTANT Date: Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa -1-4-- APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management APPROVED AS TO CONTENT: Project Manager Date: Date: Date: --115, EXHIBIT A REQUEST FOR PROPOSAL - (P REQUEST FOR PROPOSAL FOR Initial Study / Mitigated Negative Declaration RFP NO. 15-012 FAST TRACK Costa Mesa Development Services Department CITY OF COSTA MESA Released on Thursday, January 15, 2015 FAST TRACK INITIAL STUDY / MITIGATED NEGATIVE DECLARATION REQUEST FOR PROPOSAL (RFP) NO. 15-012 Dear Proposers: The City of Costa Mesa is requesting proposals to establish a contract for preparation of a Proiect Initial/ Study Mitigated Negative Declaration. The term is expected to be for one year with two six-month options to renew. Longer initial and extended terms will be considered depending upon the Proposer's submission regarding use of City facilities and equipment. 1. BACKGROUND The City of Costa Mesa is a general law city, which operates under the council/manager form of government with a General Fund budget of over $98 million and a total of over $109 million of fiscal year 2012-2013. The City of Costa Mesa, incorporated in 1953, has an estimated population of 110,757 and has a land area of 16.8 square miles. It is located in the southern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine. The City is a "full service city" and provides a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs. 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP Proposals are Due Approval of Contract January 13, 2015 January 29, 2015 at 4:00 P.M. February 2015 *All dates are subject to change at the discretion of the City -IZ-- 3. SCOPE OF WORK The City of Costa Mesa invites you to submit a proposal for environmental consulting assistance. Century Quality Management has submitted a planning application to the City of Costa Mesa for development of a 216 -unit apartment complex on a commercially zoned parcel developed with a two-story 236 -room motel. The work activity includes preparation of an Initial Study/ Mitigated Negative Declaration. The environmental consultant shall also prepare responses to comments on the environmental document and attend public hearings. It should be noted that this determination is based on the preliminary traffic study/ trip generation that indicated any significant impact to the nearby intersections can be mitigated to below a level of significance. If the final study and traffic counts do not conclude this assumption or significant impacts related to air quality, traffic, or other environmental impacts are concluded as a result of the Initial Study, an amendment to the contract and Preparation of an Environmental Impact Report will be required. TECHNICAL STUDIES Provided b,, t�pplicant: • Traffic Study • Preliminary Grading Plan • Hydrology Report and Preliminary Water Quality Management Plan • Shade and Shadow Analysis Provided by the City: • Background information on other aspects of the environmental review such as cultural and biological resources, land use, population/housing, and public services impacts prepared for other projects and applicable to this project will be provided by the City. Provided by the Consultant: • The consultant will be responsible for review and incorporating the appropriate technical data submitted by the applicant and preparation of additional technical studies as required by California Environmental Quality Act (CEQA) to complete the environmental document. The consultant would be primarily responsible for preparation of all technical studies with the exception of the noted studies to be submitted by the applicant. PROJECT DESCRIPTION Development Site: The project site is a 4.05- acre parcel in the General Commercial land use designation developed with a two-story 236 -unit motel building and surface parking. The request is to amend the General Plan to allow a high density residential development with 216 units (54 du/ acre). The site is a rectangular shaped property bounded by the Cost Mesa Golf Course on the north, commercial uses to the south and medium density residential uses to the west and commercial uses across Harbor Boulevard to the east. - �G_ Proposed Project: The proposal is to demolish the existing motel and redevelop the site with a four-story warp structure containing 216 apartment units and a parking structure with 478 parking spaces. The project includes the following mix of units: • One bedroom plan — 108 units • One bedroom plus den — 16 units • Two bedroom plan — 84 units • Two bedroom plus den — 8 units • Total — 216 units The project scope involves the following: • Demolition of the xi_stjW 36-rown motel(Costa Masa _Motor' Inn) and all surface parkin g. • C'oaytruc loii ref 1he proposed nevv 216 unh yparlmenl conTle . would require y ]mroval of the ollowin o General Plan Amendment to change the land use designation from General Commercial (GC) to High Density Residential (HDR) o Rezone to change the zoning from CI (Local Business) to PDR -HD (Planned Development Residential High -Density) o Design Review for site plan and architectural design o Demolition Permit o Grading Permit o Building Permits o Construction Management Plan TASK 1— PROJECT INITIATION Consultant will attend a kick-off meeting with the applicants' project teams and City staff to discuss the project and the proposed scope of work. Consultant will identify data needs, project objectives, and ensure that deliverables are consistent with the overall project timeline. Deliverable Kick-off meeting TASK 2 - PROJECT DESCRIPTION Consultant will work with City staff and the applicants to prepare a project description that will articulate the proposed development activity, required discretionary approvals, and any other pertinent information. Information provided by the applicants will be the basis for the project description. The City will complete the necessary amendments to the General Plan and Zoning Code. The consultant will receive the amended documents during the earlier stage of the preparation of the 4 Draft IS/MND. A Zoning Code amendment is required to incorporate textual references in the PDR -HD zone for the site-specific height and density for this property. Please refer to the enclosed concept plans and map exhibits. Deliverable Project Description TASK 3 - PREPARE 1s1 AND 2nd SCREENCHECK IS/MND Consultant will prepare the environmental impact evaluation for the Screen check IS/MND. City staff will not prepare any IS/MND sections but will provide to the Consultant any required information to complete the analysis. If staff comments are extensive, a 2nd screencheck IS/MND submittal may need to be provided. A 2nd screencheck document and review cycle should be budgeted in the case it is needed. Consultant will prepare all required CEQA forms including Notice of Intent, Initial Study (IS), and distribution list for review and comment by the City of Costa Mesa. All conclusions and substantiating information will be documented in the IS/MND Consultant will finalize and distribute the IS/MND by certified mail to all responsible, trustee, and interested agencies, community groups, and individuals. The City expects the following environmental topics sections to be of major focus: o Aesthetics o Air Quality o Land Use o Housing o Public Services/Utilities o Hydrology/Water Quality o Cumulative Impacts Deliverable • Screen check IS/MND • Notice of Intent • Distribution List • Notice to Native American Indians (Consultation) TASK 4 - PREPARE PROOFCHECK DRAFT IS/MND Upon receipt of the City's and applicants' comments on the screen check IS/MND submittal, Consultant will make revisions and resubmit the document as a PROOFCHECK IS/MND. A proot clieck IS/MND is the Hilal print copy of the IS/HIND before prllltln4g. No lilajor C01111nelits on the document are anticipated from City staff at this level of the review. Deliverable Proof check IS/MND -D 1_ TASK 5 - CIRCULATION OF DRAFT IS/MND The proof check document with any revisions requested by City staff will serve as the Draft IS/MND. Consultant will prepare and distribute copies of the draft IS/MND to the State Clearinghouse and local community groups, local agencies, surrounding jurisdictions, etc. Consultant will prepare and distribute ALL required Notice of Completion, Notice of Availability, etc.). responsible for newspaper notices. Deliverable Draft IS/MND And CEQA Notices CEQA notices for this project (i.e. the The City of Costa Mesa will only be TASK 6 -PREPARE RESPONSES TO COMMENTS Although not required by CEQA, the City's policy is to provide a thorough Responses to Comments document for the IS/MND. The Responses to Comments document is expected to be very detailed and comprehensive. Upon receipt of written comments on the Draft ISAIND from the State Clearinghouse and other parties, Consultant will review all comments. Consultalit will prepare written responses to comments that raise environmental issues. These responses will be provided as separate Responses to Comments document. Upon receipt of the City's comments, Consultant will finalize the responses to comments. Responses to public agency coniiiients will be mailed by Consultant. Deliverable Responses to Comments TASK 7 —PREPARE MITIGATION MONITORING PROGRAM Per the CEQA Guidelines, Consultant will prepare a mitigation monitoring program (MMP) for review by Planning Commission and adoption by the City Council at the time of the CEQA findings. The MMP will be prepared at the same time as responses to comments. Consultant will coordinate with City staff to refine the format and the content of the MIN4P. If the Planning Commission and/or City Council modifies recommended conditions of approval/mitigation measures for the proposed project, Consultant will revise the MMP accordingly. Deliverable Mitigation Monitoring Program TASK 8 - MEETING ATTENDANCE AS NEEDED In addition to the kick-off meeting, the proposal should budget for the following public meetings: • Planning Commission public hearing(s) • City Council public hearing(s) Additional meetings and hearings could be attended on a time and materials basis subject to prior authorization by the City of Costa Mesa. 6 --22- DELIVERABLES Meeting attendance 4. TENTATIVE PROJECT SCHEDULE (SUBJECT TO CHANGE) (Anurox. 16 Weeks from Date of Kick -Off Meeting Proposals Due January 29, 2015 Consultant Selection February 2015 Execution of PSA (City Council Approval Req.) February/March 2015 Kick -Off Meeting March 2015 Screen check Draft Due to City for Review May 2015 Draft IS/MND Circulation July 2015 Response to Comments July 2015 Public Hearing(s) August 2015 5. DEADLINE Two hardcopies copies and one electronic (CD) copy of your scope of work and budget (submitted separately) for this work activity must be received at the City of Costa Mesa by Thursday, January 29, 2015 at 4:00 PM. Postmarks will not be accepted. Number of Proposals Submit one original, Three (3) hard copies plus one disk copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. In the event of a conflict between the original and any hard copy or disk copy, the original shall control. 6. SUBMISSION OF PROPOSAL Complete written proposals must be submitted in sealed envelopes marked and received no later than 4:00 p.m. on Thursday, January 29, 2015 to the address below. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. City of Costa Mesa City Hall Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 RE: RFP NO. 15-012 Inquiries Questions about this RFP must be directed in writing, via e-mail to: Minoo Ashabi, AIA Principal Planner Ph. (714) 754-5610 Minoo.ashabi amcostamesaca.goy -2S.-- The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments, responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site - Business - Bids & RFPs; Proposers should check this web page daily for new information. The City will endeavor to answer all written questions timely received no later than January 29, 2015 by 4:00 PM. The City reserves the right not to answer all questions. From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. Conditions for Proposal Acceptance This RFP does not commit the City to award a contract or to pay any costs incti rred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal. All proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 7. EVALUATION CRITERIA The City's evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest responsible bidder will be determined based on evaluation of qualitative factors in addition to price. At all times during the evaluation process, the following criteria will be used. Sub -criteria are not necessarily listed in order of importance. Additional sub criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below. Understanding of work to be performed----------------- 30% Project approach and scope of work---------------------- 30% Project team: Technical expertise and experience----- 20% 4. Firm's related experience and references--------------- 10% 5. Proposal responsiveness ------------------------------------10% Total------------------------------------------------------------------100 % 8. EVALUATION OF PROPOSALS AND SELECTION PROCESS In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating proposals. An Evaluation/Selection Committee (Committee), which may include members of the City's staff and possibly one or more outside experts, will screen and review all proposals according to the weighted criteria set forth above. -2- A. Responsiveness Screening Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals. B. Initial Proposal Review The Committee will initially review and score all responsive written proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer's approach, qualifications, or price is not considered acceptable by the City. An unacceptable proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection. C. lntervie`vs. Reference Checks. Revised Proposals, Discussions Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92628. This date is subject to change. The individual(s) from Proposer's firm or entity that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal. In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer's references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer's services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process. Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm, which shall be determined to be the lowest responsible bidder. The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may 9 -25- terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP. 8. PROTEST PROCEDURES Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff's recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff's recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the RPP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting. 9. CONFIDENTIALITY The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the proposals following the evaluation process at such time as a recommendation is made to the City Council. If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer's competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as confidential. Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer's request, Proposer shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney's fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City. io 2(o 10. EX PARTE COMMUNICATIONS Proposers and Proposers' representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix C) with their proposals certifying that they have not had or directed prohibited cornmunications as described in this section. 11. CONFLICT OF INTEREST The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable. 12. DISCLOSURE OF GOVERNMENTAL POSITION In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached "Disclosure of Government Positions Form." (See Appendix F.) 13 CONDITIONS TO AGREEMENT, IF ANY. The selected Proposer will execute an Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which may be modified by City. All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. The terrrrs [if the agreerrrent, including insurance requirements have been mandated by the City and can be modifred onty if e.draordinrrry circumstances exist. Submittal of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for Services unless the Proposer includes with its proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code, -2`1 the City may consider the scope and number of conditions in evaluation proposals and determining the lowest responsible bidder. 14. DISQUALIFICATION QUESTIONNAIRE Proposers shall complete and submit, under penalty of perjury, a standard forili of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation. See Appendix E. 15. STANDARD TERMS AND CONDITIONS Amendments The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official Citv Web Site - Business - Bids & RFPs; Proposers should check this web page daily for new information. Cost for Prenarine Proposal The cost for developing the proposal is the sole responsibility of the Proposer. All proposals submitted become the property of the City. Insurance Requirements City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified within Appendix B. I - 2$ x 2q REQUEST FOR PROPOSAL RFP NO. 15-012 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E -Mail Address: Phone: Contact Person for Proposals: Title: Business Telephone: Is your business: (check one) ❑ NON PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ INDIVIDUAL ❑ PARTNERSHIP Fax: E -Mail Address: Business Fax: ❑ FOR PROFIT CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ SOLE PROPRIETORSHIP ❑ UNINCORPORATED ASSOCIATION 14 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Federal Tax Identification Number: City of Costa Mesa Business License Number: Title Phone (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: 31- 15 ��� 16 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to , as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's Response to City's RFP (the "Response") attached hereto as Exhibit "B," both incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of C Y. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is 17 -33- satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6, Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed Dollars ($ .00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 18 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on , 20_, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, 19 - �5' finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises 20 owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this reference. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as 21 I otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY. City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: Tel: (714) 754 - Fax: Fax: (714) 754- Attn: Attn: 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "F" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant 22 9 hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to 23 -'3q- any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and sub - consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and sub -consultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub -consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City 24 while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 25 6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation Date: [Mayor or Chief Executive Officer] CONSULTANT Date: Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa APPROVED AS TO FORM: Date: City Attorney APPROVED AS TO INSURANCE: Date: Risk Management APPROVED AS TO CONTENT: Date: Project Manager Director Date: 26 EXHIBIT A REQUEST FOR PROPOSALS 27 -4-5- EXHIBIT B CONSULTANT'S PROPOSAL _ 44 28 EXHIBIT C FEE SCHEDULE 29 L�5 - EXHIBIT D PROJECT SCHEDULE 30 _ '1 EXHIBIT E CERTIFICATES OF INSURANCE 31 �,l�fl EXHIBIT F CITY COUNCIL POLICY 100-5 32 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; 33 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 b. Establishing a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 501- 34 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. 35 —51— 36 EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning the CONTRACTOR Services RFP at any time after January 15, 2015 SIGNATURE .� . DATE I certify that Proposer or Proposer's representatives have communicated after January 15, 2015 with a City Councilmember concerning RFP NO. 15-012 Initial Study/Mitigated Negative Declaration Services. A copy of all such communications is attached to this form for public distribution. SIGNATURE DATE 37 38 PRICING PROPOSAL FORM RFP NO. 15-012 Initial Study/Mitigated Negative Declaration Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.ggv.) Employee Hourly Rate Hours worked Total Cost Overtime rate Total Estimated Annual Price $ 39 40 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. 41 59- 42 DISCLOSURE OF GOVERNMENT POSITIONS Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. 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F E� ^lftrn r �.v Aklbem U QE N 2 5W yag 4 F— (.0,0) N O U� ,9?-.- F 4 Z LU L I^.L � CL Q 7 ry z D J Q � LU < a Q I— Cn Og 00 L) L) z - J O a V 9 LL � m o Q s 8 5 LL. = C n ~ =(D te, V) ante 809HVH KCM 13 Ri 1 it Ic �4i F717IDU -1OC EE � qA— a cn Z LU Q D a J CA cW L a Q F— O Uou i J 0 U I I I I I�i I LU f �r A A • 1 1 11-11 Y Laf i 1 r-1 I 11.A 1 I FR'TI i;i j L r _q$-- z Qu a U a ~ 0 Q LL 0I. g � =O u g L Ln RI N Q I Iz P -7O LY 4 0 3 L EE::1 �l ., W 0 ED LLLL Q o Y i P -7O LY 4 0 3 L EE::1 �l um qq, o Y i Q ii _ _ um qq, N W LU ~ a E & Q 9 ti'- ¢ b8 LL- � =O W , M ow z O a W J W tA Q W � R1J z O a W J W W 3 O M a U�� 2w W Y] a 6V C 26 i a� W f z �0 ;Q o� W e W �S 0 z Ewn u z 6 � V 2 aj „w � W �1 z 0 a W J W 0 4A N O Q I I I z 0 9 IA OA 0 - M_�j EXHIBIT B CONSULTANT'S PROPOSAL - 4- Proposal to Prepare a Project IS/MND RFP N0. 15-012 (2277 Harbor Blvd.) Prepared for: City of Costa Mesa Development Services Department r January 29, 2015 11h. -I r www.firstcarbonsoIutions.corn FlmtCarboh' SOLUTIONS January 29, 2015 Minoo Ashabi, AIA, Principal Planner City of Costa Mesa Development Services Department 77 Fair Drive Costa Mesa, CA 92628-1200 Dear Ms. Ashabi: Thank you for providing FirstCarbon Solutions (FCS) with this opportunity to submit a proposal to provide environmental consulting services for the redevelopment of the Costa Mesa Motor Inn site into a 216 -unit apartment complex (Proposed Project), proposed by Century Quality Management (Applicant). FCS understands that the processing of the Proposed Project through the California Environmental Quality Act (CEQA) review process is on a fast track timeline. Our understanding of the Proposed Project is based on the information in RFP No. 15-012, our familiarity with the project vicinity including similar projects in the area, and experience in successfully executing projects within the Orange County Region. We understand that the operation of the existing hotel has provided a long-term occupancy option and affordable housing for some residents within the City, but has also resulted in unsanitary living conditions and numerous calls for police services. As discussed further in our proposal, FCS will provide services for the preparation of an Initial Study (IS) document, pursuant to the California Environmental Quality Act (CEQA) Guidelines. Based on a review of the site condition and the proposed development proposal, FCS concurs with City staff that a Mitigated Negative Declaration could be the appropriate environmental document to adequately address'potential environmental effects of the Proposed Project. To strengthen FCS' services, our team includes Rick Engineering, Leighton Consulting, and Environmental Assessment Specialists (EAS). Rick Engineering will provide peer reviews of the traffic and hydrology/water quality evaluations. Leighton Consulting will provide a geotechnical constraints evaluation, and EAS will conduct a hazardous materials assessment of the project site and surrounding area. Members of the FCS team will be available via telephone, e-mail, smartphone, and fax, allowing us to immediately respond to project, staffing, or public emergencies. We are also available to attend or lead day and evening meetings. The FCS team of consultants is accustomed to frequent after -hour interactions with our clients to ensure that we deliver the highest level of services. The close proximity of our Irvine headquarters to the City's offices and the project site can facilitate our coordination with the City and immediately respond to any project -related emergencies. FCS has the ability to meet the indemnity and insurance requirements presented in the RFP, and we do not have any conflicts or non -acceptability to the terms and conditions of the City's standard agreement, including all attachments to the agreement. Should you need additional information regarding this submittal, please contact me at 714.508.4100. 99 www firstcarbonsolutions.com 'For Contracting purposes, FCS continues to do business under the Tax ID number of Michael Brandman Associates #95-3782289 •+ www.firstcarbonsoIutions.com Fi tCa rbc: SOLUTIONS Thank you for considering this proposal. We look forward to working with you on this project. Sincerely, Michael E. Houlihan, AICP FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 www.firstcarbonsoIutions.com —.�U� ' www.firstcarbonsolutions.com FlmtCa rbono S0LUT10NS Table of Contents ProjectUnderstanding................................................................................................................... 1 Scopeof Work................................................................................................................................ 1 Task 1— Project Initiation ............................................... .................... ........................1 Task 2 — Project Description...............................................................................................2 Task 3 — Prepare 1st and 2nd Screencheck IS/MND..........................................................2 Task 4 — Prepare Proofcheck Draft IS/MND.......................................................................5 Task 5 - Circulation of Draft IS/MND..................................................................................5 Task 6 — Prepare Responses to Comments.........................................................................6 Task 7 — Prepare Mitigation Monitoring Program..............................................................6 Task 8 — Meeting Attendance as Needed...........................................................................6 ProjectTeam Expertise and Experience.......................................................................................... 7 FCSProject Team........................................................................................................................7 Subconsultants...........................................................................................................................9 FCSQualifications........................................................................................................................ 11 FirmDescription....................................................................................................................11 EnvironmentalPlanning Services.............................................................................................11 FCS Relevant Project Experience and References....................................................................12 WorkSchedule and Budget.......................................................................................................... 17 Schedule.............................................................................._....................................................17 Fees....................................................................................................................................18 OtherLabor Rates............................................................................................................20 DirectExpenses................................................................................................................20 Appendix A: Resumes Appendix B: Insurance Requirements Appendix C: RFP Forms www.firstcarbonsoIutions.com --qo- FirstCm boi i Century Quality Management ("Applicant") proposes to redevelop the approximate 4.05 -acre site at 2277 Harbor Boulevard, north of the intersection of Wilson Street and Harbor Boulevard. The project site is currently developed with the Costa Mesa Motor Inn motel, which is a two-story building featuring 236 rooms and surface parking. The site is currently zoned General Commercial. Residential and commercial uses occur immediately to the south of the site, which includes an auto repair business and a Taco Bell at the northwestern corner of the Harbor Boulevard and Wilson Street intersection. The Ala Moana Apartments and several single family homes occur west of the commercial uses along Wilson Street, adjacent to the southern portion of the site. Single family homes occur immediately west of the site, and the Costa Mesa Golf Course is located to the north of the site. Harbor Center, a commercial shopping center, occurs to the east of the site, along Harbor Boulevard. FCS understands that the applicant would demolish the existing motel and construct a new 216 -unit apartment complex, with a development intensity of 54 dwelling units per acre. The apartment complex would consist of a four-story structure and a parking structure containing 478 parking spaces. The proposed project would require a General Plan Amendment, a rezone, design review, and the approval of a demolition permit, grading permit, buildings permits, and a construction management plan. The applicant has prepared a preliminary traffic study, which has indicated that the proposed project's trip generation would not result in traffic impacts to nearby intersections that could not be reduced with mitigation. The scope of work provided below assumes that the final traffic study would confirm that all traffic -related impacts would be mitigated to a less than significant impact. FCS has identified the following scope of work for the Initial Study (IS)/MND to respond to the City's objectives for this project and process: Task 1— Project Initiation The FCS project manager will attend a kickoff meeting with the applicant's project team and the City. The purpose of the meetings is to discuss project plans, identify data requirements, and coordinate activities, and to ensure that the deliverable schedule is consistent with the overall project timeline. As part of this task, FCS will perform a project site reconnaissance to review site conditions vis-a-vis project plans. FCS will also review technical studies and background information provided by the City/Applicant as received, and will provide prompt feedback as to their adequacy for use in the IS/MND. Deliverable: • Kick-off meeting www.firstcarbonsoIutions.com .._.Q4 , 1 FirstCrlrboti Task 2 — Project Description FCS will prepare a complete Project Description for City/Applicant review and approval, and ensure that it clearly describes and illustrates the proposed development activity, required discretionary approvals, and any other pertinent information. Deliverable: • Project Description Task 3 — Prepare 1st and 2nd Screencheck IS/MND FCS will then prepare a complete CEQA Screencheck Draft IS/MND for City review. The IS/MND format will include a discussion of each Environmental Checklist impact category and will be adequately supported by documentation. Following is a discussion of the scope of work for each issue. Aesthetics — The project site is adjacent to one- and two-story residential and commercial uses. Harbor Center, across Harbor Boulevard from the project site, features distinctive modern architectural elements. Due to the height of the proposed structure in relation to the adjacent residences, FCS will conduct a shade and shadow analysis, that will determine the potential shade/shadowing effects during the morning, noon, and evening conditions. The shade and shadow analysis will be included in the IS/MND text, this scope of work does not assume the preparation of a separate shade and shadow technical report. Agriculture and Forestry Resources — There are no agriculture or forest resources on the project site. This issue will be briefly discussed. Air Quality/Greenhouse Gas - An evaluation of construction and operational air quality and greenhouse gas emissions will be prepared. A localized and regional analysis will be prepared in accordance with the South Coast Air Quality Management District. The construction and operational assumptions and model runs will be provided in the technical appendices. This scope of work does not assume preparation of a health risk assessment. Biological Resources — The site is fully developed with the existing hotel use. With the exception of existing ornamental landscaping, no natural habitat is expected to occur on the site. Based on the Request for Proposal, the City will be providing information regarding biological resources to document current conditions and potential impacts. FCS will incorporate the information provided by City staff. Cultural Resources— The site has been disturbed by previous construction activities associated with the existing motel. FCS will contact the Native American Heritage Commission to obtain a sacred lands record search and a list of tribes to contact for site information. FCS will incorporate background information provided by City staff and information obtained through the records search into the Initial Study. Geology and Soils — The project site contains relatively flat terrain and the majority of the site contains impervious surfaces. A geotechnical evaluation report will be prepared by Leighton Consulting, Inc, www.firstcarbonsoIutions.com �� which identifies geologic and seismic hazards at the project site that may affect development of the proposed project. The evaluation will include the following: • Review of available published documents and geology maps in our in-house library that are relevant to the site and vicinity. Leighton maintains an extensive library that covers over 50 years of local data. The literature review will include a review and analysis of available borings in the area, historical groundwater data, seismic hazard maps and historical aerial photographs of the site. • Site reconnaissance to evaluate the current site conditions and to observe any potential geotechnical constraints. • A computer-based deterministic and probabilistic analysis for the major active and potentially active faults in the region. The analysis is a site-specific evaluation of ground motion that may impact the site due to earthquakes occurring along active faults within a 100 km (about 60 mile) radius at the site. • Geotechnical analyses of the collected data with respect to the proposed development. The results of this investigation will be summarized in the IS/MND and the geotechnical evaluation will be provided as a letter report that will be included as an appendix to the IS/MND. Hazards and Hazardous Materials — In order to evaluate the potential for the presence of hazardous materials at the site, a hazardous materials records search will be conducted by Environmental Assessment Specialists, Inc (EAS). The purpose of the records search and evaluation is to gather sufficient information to evaluate the property's environmental history and current status. The evaluation will compile the site history by using reference materials and aerial photographs, as appropriate. . The information will be summarized in the IS/MND. Hydrology and Water Quality — FCS understands that a hydrology report and a preliminary water quality management plan has been prepared for the project. FCS' consultant (Rick Engineering) will conduct a peer review of each of the reports to ensure their adequacy to address impacts associated with this topic. The peer review will confirm compliance with the latest requirements of the Orange County MS4 permit, Order No. 118-2010-0062, NPDES Permit No. CAS618030 and as amended/replaced in a manner consistent with the practicable standard in association with preparing a project WQMP. The hydrology and water quality documentation will be also be analyzed for the need of permanent project treatment control BMPs and their provisions for various alternatives. Following the confirmation of the adequacy of the hydrology and water quality documentation, FCS will summarize the information from these reports in the IS/MND. Land Use — Based on the Request for Proposal, land use information will be provided by the City, and FCS will incorporate the information into the IS/MND. www.firstcarbonsoIutions.com %-61-�_ 3 First('cirrhoi Mineral Resources — No mineral resources are known to occur on the project site; therefore, this issue will be briefly discussed in the IS/MND. Noise — FCS will provide a comprehensive noise evaluation in order to address the potential impacts associated with noise. This evaluation will include short-term ambient noise monitoring at up to three locations in the project vicinity in order to establish the daytime existing noise environment for comparison to the City's land use and compatibility standards. The noise analysis will include an evaluation of both short-term construction, and long-term operational noise impacts. The noise evaluation will be included in the IS/MND, and the supporting data will be included in the appendices. This scope of work does not include the preparation of a separate noise study. Population and Housing — Based on the Request for Proposal, population and housing information will be provided by City staff. FCS assumes that the information will identify whether the proposed project could result in a substantial change in the number of housing units or population within the City and whether the project could result in a substantial inducement of population or housing growth. Public Services - Based on the Request for Proposal, public service background information will be provided by the City. FCS will supplement this information by consulting with Police, Fire, and other agencies as needed in order to determine whether existing facilities are adequate to accommodate the proposed development. FCS will incorporate the background information, as well as information provided by the public service agencies into the IS/MND. Recreation — No recreational uses occur on the project site, and therefore, the project will not affect any existing onsite recreational uses. FCS will evaluate the project's potential to substantially affect existing recreational resources in the project vicinity due to an increase in demand caused by the project. Traffic and Transportation — According to the Request for Proposal, the project applicant will be submitting a traffic report that identifies the project's potential impacts on the surrounding roadway network. In order to ensure that the traffic report adequately evaluates traffic impacts in accordance with CEQA, Rick Engineering will provide a peer review of the traffic report. The A summary letter will be prepared documenting the results of the review, with the goal of providing a statement that reviewer agrees with the results and recommendations contained within the traffic study. Following the peer review of the traffic study, FCS will summarize the findings in the IS/MND. The traffic study and peer review letter will be included as an appendix to the document. Utilities— FCS will coordinate with City staff and/or public utility providers to determine the current levels of service and the project's potential impact on the existing services. FCS will incorporate the public utilities information into the Initial Study. FCS will prepare the Vt Screencheck Initial Study for review and comment by City staff and the Applicant. Five paper copies of the Screencheck Initial Study will be provided to the City. Documentation of consultation with Native American Indians will be included as an appendix to the Initial Study. FCS will also prepare draft versions of the Notice of Intent to Adopt and the distribution list based on input by www.firstcarbonsoIutions.com 4 First )ol i City staff. The draft versions of the Notice of Intent to Adopt and distribution list will be forwarded to the City by e-mail. Information from the appended technical studies will be summarized in the checklist responses. FCS will prepare all required CEQA forms including Notice of Intent, Initial Study, and distribution list for review and comment by the City of Costa Mesa. This task includes budget for the preparation of a 2nd Screencheck IS/MND based on comments received from City staff after review of the 1st Screencheck document. Deliverable: Five Paper Copies of the Screencheck IS/MND, Preliminary Hydrology Study, Preliminary Water Quality Management Plan, E -Mail of the Draft Notice of Intent to Adopt, and E -Mail of the Draft Distribution List Task 4 — Prepare Proofcheck Draft IS/MND Following receipt of a consolidated set of City and Applicant comments on the Screencheck Draft IS/MND, FCS will make revisions as directed by City staff and in accordance with the overall scope of work. The Proofcheck Draft IS/MND will be prepared as a final print copy for review by City staff prior to printing, It is FCS' intent that this submittal will satisfactorily address all City staff comments on the Screencheck Draft. Deliverable: • Proofcheck IS/MND Task 5 - Circulation of Draft IS/MND FCS will incorporate any final revisions to the Proofcheck Draft requested by City staff and in accordance with our scope of work. No major comments on the Proofcheck Draft are anticipated from City staff. FCS will prepare and distribute up to 30 paper copies of the Draft IS/Proposed MND to the City, State Clearinghouse (SCH), local agencies/districts and surrounding jurisdictions, and local community groups pursuant to the notification and distribution list prepared by FCS and approved by the City. Unless otherwise specified by the City, the Appendices to the Draft IS/MND will be provided on CD with the document. The distribution will be made by certified mail and will include the Notice of Intent to Adopt, and Notice of Completion to the SCH and/or County Clerk. The City will be responsible for the newspaper notice for the IS/MND. Deliverables: • Draft IS/MND • CEQA Notices www.firstcarbonsoIutions.com -(j5- 5 FirstCarboi S()IIiII()N Task 6 — Prepare Responses to Comments Pursuant to City of Costa Mesa policy, FCS will provide responses to all public and agency comments that raise substantive environmental issues associated with the proposed project and the Draft IS/MND. The responses will be substantive and thorough, and will be provided in a separate Response to Comments (RTC) document. FCS has budgeted approximately 40 hours for completion of this task. Following the City's review, FCS will finalize and mail the RTC document to public agencies and individuals that provided comments on the Draft IS/MND. FCS assumes up to 30 paper copies of the RTC document will be provided. Deliverable: Up to 30 paper copies and one Electronic Copy of the Responses to Comments Document. Task 7 — Prepare Mitigation Monitoring Program FCS will prepare Mitigation Monitoring and Program (MMPs) to comply with Public Resources Code Section 21081.6, for adoption by the City. FCS will submit one (1) reproducible copy of the MMRP to the Planning Department for inclusion within the City staff report. Deliverables: • Mitigation Monitoring Program Task 8 — Meeting Attendance as Needed In addition to the project initiation meeting which has been included in Task 1, FCS will attend up to two Planning Commission public hearings and one City Council public hearing if the Planning Commission's decision is appealed to the City Council. FCS will present the findings of the IS/MND and be available to respond to questions during the hearings. Additional meeting and hearings can be attended on a time and materials basis subject to prior approval by City staff. Deliverable: • Meeting attendance (cont.) www.firstcarbonsoIutions.com '—%, 6 ql C) fC W IL 6l cc m W v Z s cv = O p c c � s a ++ O UaJ N 4-1 V _ •) C .� Y O 4A d i V cn ql C) fC W IL 6l cc m W Z •0 V e N _ E m 4A O ql C) fC W IL 6l cc m W ' FlrstC�ii Son FCS project teams are unique to the project at hand, and based on FCS' understanding of the anticipated skills sets needed, we have identified Key Staff Members for the project. FCS' project team includes experts in key environmental fields who provide the technical credibility to successfully produce the necessary technical studies and finalize a comprehensive environmental document. Resumes are located in Appendix A. FCS Project Team Project Director Michael Houlihan, AICP will serve as the primary contact to both the Applicant and City, coordinate with subconsultants, and manage the FCS project team. He has over 29 years of industry experience that includes managing and preparing environmental documentation and/or performing planning studies for commercial and mixed-use developments, residential subdivisions, planned communities, water and wastewater facilities, transportation facilities, and schools/universities in California. His expertise includes management, preparation, and processing of environmental documents; land use compatibility analyses; shade and shadow analyses; traffic/circulation analyses; hydrology and water quality assessments; and assessments of public services and utility purveyors. He has also prepared various California Environmental Quality Act (CEQA) environmental documents including Categorical Exemptions (CE), Negative Declarations (ND), Mitigated Negative Declarations (MND), Environmental Impact Reports (EIR), Supplemental EIRs, Subsequent EIRs, and Addenda to Final EIRs. Mr. Houlihan has also prepared various National Environmental Policy Act (NEPA) environmental documents including Categorical Exclusions (CATEX), Environmental Assessments (EA), and Environmental Impact Statements (EIS). Mr. Houlihan earned his Bachelor's Degree in City and Regional Planning from California Polytechnic State University. Project Manager Shawn R. Nevill is a project manager who focuses on environmental compliance documentation under the California Environmental Quality Act (CEQA). Since 2005, he has specialized in Environmental Impact Report processing and management for large infrastructure, educational, residential, commercial, and industrial projects throughout Southern California. Mr. Nevill's experience includes the preparation and management of Environmental Impact Reports, Mitigated Negative Declarations, due diligence reports, and Habitat Evaluation and Acquisition Negotiation (HANS) documents. Additionally, he has prepared and processed planning documentation, such as Specific Plans, Design Guidelines, General Plan Amendments, Zone Changes, and Substantial Conformance documents. In addition to his experience, his practical understanding of contemporary environmental law helps him find solutions to the most complex environmental issues. www.firstcarbonsoIutions.com ._q9_ 7 CEQA Support Elizabeth Westmoreland received her Bachelor of Environmental Science Degree in the winter of 2013 with a minor focus on Spanish. Her academic highlights include receiving the Achievement Award, Presidential Scholarship, and being on the Dean's list since 2010. She is also the Founder, Board member, Educator, Sergeant at Arms, and Mediator for the Kappa Pi Zeta Environmental Sorority; a Committee member of the Maroon and Grey Student Ambassadors; and the New Member Selection Chair of Omicron Delta Kappa. Air Quality Elena Nuno, MA has eight years of experience. Her professional history includes working as an air quality specialist with the San Joaquin Valley Air Pollution Control District (SJVAPCD) where she assisted in the preparation of air quality attainment plans and was responsible for CEQA compliance for Air District rules and permits. As a project manager/air quality analyst in the private sector, Ms. Nuno has assisted with the preparation of numerous Environmental Impact Reports (EIRs) and Negative Declarations (NDs).Moreover, she has authored agricultural land conversion studies and Air Quality Reports and Climate Change Analyses for alternative energy, commercial, residential, and industrial projects. Ms. Nuno, has assisted in numerous commercial and residential development projects with regulatory compliance for the SJVAPCD Rule 9510, Indirect Source Review. Ms. Nuno has prepared thorough Air Impact Assessments for projects to achieve maximum emission reduction credits for creditable onsite mitigation measures. Biological Resources Scott Crawford is currently a Senior Scientist and assists in the management of the natural resource team at FCS. His extensive experience in project related consultations with regulatory agencies including California Department of Fish and Wildlife (DFW), US Fish and Wildlife Service (USFWS), US Army Corps of Engineers (USACE), California Coastal Commission (CCC), and State Water Resources Control Board (SWRCB), California Energy Commission (CEC), Federal Energy Regulatory Commission (FERC), Department of Gas and Geothermal Regulations (DOGGR), Bureau of Land Management (BLM), and US Forest Service (USFS). Cultural Resources Coral Eginton is a professional archaeologist who is certified by the County of Orange and has recently submitted credentials to be a Registered Professional Archaeologist. She meets the Secretary of Interior's standards for historic preservation programs for archaeology. Ms. Eginton has seven (7) years of experience in all aspects of cultural resources management, including prehistoric and historic archaeology, paleontology, materials conservation and nautical archaeology. She has experience in compliance with the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the National Historic Preservation Act (NHPA), and the Archaeological Resources Protection Act (ARPA). Ms. Eginton has completed cultural resources projects that have involved agency, client, Native American, and subcontractor coordination; treatment plans and research design development; archival www.firstcarbonsoIutions.com �qq- 8 research; field reconnaissance; site testing; data recovery excavation; construction monitoring; site recordation; site protection/preservation; mapping/cartography; spatial analysis/GIS; laboratory analysis; materials conservation; artifact curation and exhibition; and report production. Noise Philip Ault has conducted extensive research in environmental and energy topics including energy efficient project design, sizing of wind and solar PV hybrid generator systems, and project greenhouse gas emission impacts related to global climate change. Mr. Ault prepares stand-alone noise and air quality studies as well as studies in compliance with CEQA including global climate change analysis. He has also conducted extensive research into LEED for Neighborhood Developments, the newest tool developed by the U.S. Green Building Council as a standard for sustainable community design and development, and how such tools can blend with CEQA requirements. He is proficient with the use of the FHWA Highway Traffic Noise Prediction Model (FHWA RD -77-108), SOUND32 noise model, and FHWA Traffic Noise Model (TNM) 2.5. He is responsible for conducting field noise measurements with the Larson Davis models 720, 820 and 824 sound level meters in compliance with FWHA, FTA, and HUD standards. Subconsultants Traffic Peer Review Brian Stephenson, PE, TE, PTOE (Rick Engineering Company) has a B.S. in Civil Engineering from the University of New York at Buffalo. Mr. Stephenson is a Registered Traffic Engineer (#2419) and Professional Traffic Operations Engineer (#2169) in California, and he is a Registered Civil Engineer in California (#69471), Arizona (#42520), New York (#080635), and Colorado (#0048708). He manages a team that provides a variety of traffic engineering services, including the preparation and review of traffic impact studies, signal plans, signing and striping plans, optimized network timing plans, accident analysis, and traffic control plans. With over 14 years of experience, Mr. Stephenson is well -versed with municipal traffic engineering and currently serves the City of Murrieta as the City's Consultant Traffic Engineer. Hydrology/Water Quality Peer Review Scott Patton, PE, QSD, QSP (Rick Engineering Company) has a B.S. in Civil Engineering from the University of Nevada, Las Vegas, is a registered Professional Civil Engineer (#77481) in California, and is Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP). Mr. Patton has over 14 years of experience and has served as a lead design and project engineer for water quality,transportation, and land development projects. His work experience includes the design and preparation of project plans, specifications and estimates (PS&E). Project task includes grading, earthwork, utilities, streets, drainage facilities and quantities and cost estimates. He has coordinated, prepared and submitted drainage study reports and water quality management plans (WQMP) for a variety of projects such as roadway improvements, residential subdivisions and commercial developments. He is experienced in conducting hydrologic and hydraulic analysis and designing drainage facilities such as inlets, storm drains and channels to mitigate storm water runoff flows. Mr. Patton is familiar with design standards relating to drainage design, water quality, and street, highway and interchange designs. www.firstcarbonsoIutions.com "' It-v,�\"' 9 First arbon r 1U ,5 Geotechnical Evaluation Djan Chandra (Leighton Consulting) brings 26yearsof experience in geotechnical services from the early planning, site investigation, laboratory testing, data analysis, report preparation through grading and construction of various types of civil facilities, including residential and commercial developments, transportation, governmental and utility projects. During this time, he has managed a wide range of projects including large-scale design -build projects, with varying geologic conditions and constraints, and has proven skills in scheduling, budgeting, and managing complex projects. Mr.Chandra's areas of expertise include foundation design, soil reinforcement, slope stability analysis, finite element analysis, and computer applications in geotechnical engineering. His extensive experience in design and application of geosynthetics reinforcements in geotechnical engineering, including oversteepened slopes, pavement subgrade stabilization, and segmental retaining walls has proven an asset on a variety of projects. He is familiar with various field monitoring equipment, such as inclinometer for slope monitoring, manometer level survey, and settlement plate. Hazardous Materials Jeffrey Randle (Environmental Assessment Specialists) has served as a senior project manager of environmental compliance for the construction of over 2,000 facilities over the last 10 years throughout California, Arizona, Utah, and Hawaii. Responsible for the organization of environmental hazardous assessments and geotechnical investigations. www.firstcarbonsoIutions.com — 01— 10 FlrstCcit boii Firm Description Founded and incorporated in 1982 (California Corporation #1162594), FCS has provided hundreds of local government, state and federal agencies and private development clients with contract environmental services. We have prepared a full range of National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) planning documents for a variety of projects including high- density residential developments, apartments, mixed-use retail, industrial, commercial, golf courses, residential subdivisions, planned communities, transportation facilities, schools, landfills, dams, reservoirs, correctional facilities, and waste treatment facilities. In addition to environmental planning services, we also provide air quality and greenhouse gas analysis, noise analysis, regulatory compliance, natural resource management, cultural resource management, and archeological services. FCS serves clients in the Western United States with a staff of approximately 70 full-time professionals from offices located in Irvine (Corporate Office), San Bernardino, Los Angeles, Fresno, Walnut Creek, Sacramento, Fresno, and a satellite office in Chico. Our client base is comprised of local land developers, contractors, homebuilders, private- and public -sector agencies, engineers, financial institutions, law firms, military, and academic institutions. FCS consists of environmental resource leaders who possess vast knowledge of environmental regulations, laws, and compliance issues complemented by an in-depth technical understanding of their individual disciplines. Staff has hands-on experience managing complex projects with diverse challenges, including scheduling and logistics, public relations, long-term field efforts, and multifaceted legal and agency compliance issues. As testament to our skill level, FCS staff is regularly called upon to provide expert testimony, instruct at technical seminars, and lead conferences. We regularly present at Association of Environmental Professionals (AEP), American Planning Association (APA) and Urban Land Institute (ULI) conferences and workshops, instruct at local universities, participate in CEQA legal forums and provide updates regarding environmental law and agency regulations to our clients and industry partners. Environmental Planning Services FCS has prepared a full range of CEQA documents for a variety of projects including single-family and multi -family residential, mixed-use retail, industrial, commercial, golf courses, planned communities, transportation facilities, schools, landfills, dams, reservoirs, correctional facilities, and waste treatment facilities. FCS understands the importance of providing our clients with professional, solution -oriented, cost- effective, and timely service. Our environmental planners have the technical credibility required for drafting high-quality documents that meet client expectations and agency requirements. We can address important environmental topics by providing the following services: • Air Quality and Greenhouse Gas Emissions Analyses • CEQA/NEPA Documentation www.firstcarbonsoIutions,com ` 1IrstCai-b o ii OI lJ I 1 0 NN -1 • Climate Action Plans • Due Diligence Assessments • Opportunities and Constraints Analyses • Expert Witness Testimony • Geographical Information Systems • Green Building/LEED • Hazardous Materials Risk Analyses • Legislative and Policy Analyses • Mitigation Monitoring Programs Noise Analyses • Construction and Mitigation Monitoring • Permit Processing (404, 1600, Sec. 7) • Phase I Environmental Site Assessment • Project Review and Processing Services • Proponent Environmental Assessments • Specific Plans • Sustainable Community Analyses • Transportation Corridor Analyses • Wastewater Analyses • Water Resources Management • Renewable Energy Site Assessments • Water Supply Assessments FCS Relevant Project Experience and References Below you will find a listing of our experience with similar protects along with the contact information for each, we welcome you to contact each client. Placentia Avenue and 20th Street Live/Work Project for the City of Costa Mesa. FCS prepared an IS/MND for the Placentia Avenue and 20th Street Live/Work Project. The project consisted of 1.88 acres, which previously contained a commercial building and vehicle storage. The proposed project included the demolition of the onsite building, and the construction of a 36 -unit live/work development. The project required the approval of an Urban Master Plan, Tentative Tract Map, and other associated permits. Included in the development were 6 loft units, 24 townhome units, and 6 duplex units. Lighthouse Residential Project for the City of Costa Mesa. FCS prepared an IS/MND for an 89 -unit residential and live/work project on Whittier Avenue for the City of Costa Mesa. The project required the demolition of existing industrial and residential structures on the project site. Significant issues with air quality, hazards and hazardous materials, hydrology, and noise. Expanded Initial Study/Mitigated Negative Declaration of the CarMax Facilities for the City of Costa Mesa. FCS prepared an expanded Initial Study/Mitigated Negative Declaration for the construction of this new auto sales and service facility at Harbor Boulevard and 1-405 for the City of Costa Mesa. The project required the demolition of an existing large retail center that provided acoustical shielding for www.firstcarbonsoi .;:,-.is.com �^ Ip"?�. 12 FirstCm,boi 1 adjacent residential homes. Significant issues related to this project included traffic and 'cut -through' traffic, noise, lighting and glare, and construction phase air quality mitigation. Metropolis Residential Project, Irvine, CA. FCS prepared a project Administrative Draft EIR and two subsequent Addendums to the Irvine Business Complex Vision Plan and Mixed Use Overlay Zoning Code Program EIR for this proposed mid -rise residential project with ground floor commercial/retail within the Irvine Business Complex. The project includes 457 high-density residences with 89 density bonus units for very low-income households in an area originally containing high-rise offices as well as industrial and support businesses. Applications for a Conditional Use Permit for Transfer of Development Rights (TDR), Tentative Tract Map, and Park Plan were also under consideration. The site consisted of two parcels of land totaling 7.34 acres, to be subdivided for residential units, ancillary retail, supporting parking and recreational areas. The applicant subsequently requested the City modify the approved Metropolis project to: 1) add an additional level of subterranean parking, 2) change the exterior building elevations, 3) add a 3 -bedroom unit type, 4) increase building heights and 5) add an additional parking garage entrance added to the A Street (internal roadway). A second Addendum (CEQA Guidelines 15124) was prepared because some changes or additions to the previous Addendum to the EIR were necessary, but none of the conditions calling for a subsequent EIR would occur. Citrus Grove Apartments – City of Orange. FCS prepared a mitigated negative declaration for an infill residential project in the City of Orange. The project included two three-story apartment buildings and another apartment building with two and three story elements each separated by landscaping and surrounding by surface parking. The project included a total of 57 residential apartment units. The primary issues that were addressed included traffic, parking, aesthetics/views, and land use compatibility. 2501 Alton Project, Irvine, CA. FCS has been retained by the City to prepare an Addendum to the IBC Vision Plan and Mixed Use Overlay Zone EIR for the 2501 Alton Project. Equity Residential has submitted applications to develop a residential apartment project on the north side of Alton Parkway between Jamboree Road and Von Karman Avenue in Planning Area 36 (IBC). The existing site at 2501 Alton includes an existing commercial building occupied by 'US Best' on an approximately 1.85 parcel (APN 435-061-15). The Applicant is filing Conditional Use Permit and Park Plan applications to allow the development of approximately 154 residential apartment units. The project consists of a multi -story building wrapped -around a multi-level parking structure. The very low and low income affordable housing requirements will be met by transferring affordable housing credits from 2552 Kelvin in the IBC. A request for a Transfer of Development Rights is also contained within this application. Alton and Millikan Apartments Project, Irvine, CA. FCS prepared this Addendum to the ICB Vision Plan and Mixed Use Overlay Zone Program EIR for a residential apartment project at the northwest corner of Alton Parkway and Millikan Avenue, on a 2.19 acre site in Planning Area 36 (IBC). The existing site at 16931 Millikan includes approximately 14,863 square feet of office use, 4,073 square feet of industrial use and 7,971 square feet of zoning potential. The applicant is filing Conditional Use Permit and Park Plan applications to allow the development of 190 residential apartment units, of which 9 units will be www.firstcarbonsoIutions.com — 164- 13 F1rstC drboii () 1 ( : i 1 ( ) iii ti affordable to moderate income households. The project consists of a 5 -story (plus lofts) building wrap- around a 7 -level parking structure (331 spaces) with roof top garden. The very low and low income affordable housing requirements will be met by transferring affordable housing credits from 2552 Kelvin in the IBC. A request for a Transfer of Development Rights is also contained within this application. Initial Study/Mitigated Negative Declaration (IS/MND) for the Andalucia Country Club Apartments located in Mission Viejo for Watermarke Properties, Inc., FirstCarbon Solutions (FCS) prepared an Initial Study to assess the potential environmental impacts associated with the Andalucia Mission Viejo project and a MND to provide adequate environmental analysis related to the construction and operational activities of the proposed project. The proposed project site is located on a 7.12 -acre site adjacent to Oso Parkway at Montanoso Drive in the City of Mission Viejo. Watermarke Properties proposed to construct a 256 unit multifamily residential development with a golf clubhouse and related recreational features, specifically, development consisted of two independent multifamily communities designed to operate either as a single community, or alternatively, as two separate communities. As part of the project, the banks of Oso Creek within the project site will be stabilized, and the channel will be restored and enhanced to create an attractive greenway area of approximately 1.3 acres within the creek floodplain easement. A greenhouse gas emissions study was prepared by FCS for this project. Uptown Village MND, Anaheim, CA. FCS prepared the Initial Study/Mitigated Negative Declaration for this 4.26 -acre mixed-use development project located at the northwest corner of Anaheim Boulevard and Lincoln Avenue. The proposed project will include both residential and commercial retail uses, ancillary amenities, and associated parking spaces. The project site is located approximately one-tenth mile southeast of the City of Anaheim City Hall and directly adjacent to Pearson Park to the northwest. The project site is currently developed with an existing approximately 15,000 square foot, two-story building and parking lot associated with previous AT&T operations. Per the General Plan, the project site is located in the Anaheim Colony Historic District, and as such, development would fall under the provisions of the Anaheim Colony Vision, Principles and Design Guidelines. In addition to the Anaheim Colony, the project area is also designated as the Alpha Downtown Redevelopment Area. The site is presently zoned General Commercial (C -G) and Transition (T) and designated Mixed -Use by the General Plan. Development of the site as proposed will require a zoning change to the Mixed -Use Overlay Zone. Mixed-use development projects such as the proposed project require a conditional use permit (CUP) in the Mixed -Use Overlay Zone. The proposed project includes the following primary components: • Development of 220 apartment units comprised of 39 studio, 103 one -bedroom, and 78 two- bedroom units. 16,680 square feet of retail space would accompany the 220 apartment units; • Various ancillary uses, including leasing office, clubhouse, fitness center, outdoor swimming pool, and courtyards; • Approximately 500 parking spaces to accommodate residents, visitors, and retail consumers, located both in the parking garage and on the ground floor adjacent to Cypress Street. www.firstcarbonsoIutions.com ~ `O�— 14 FirstCarboi � SOLO I IONS Initial Study/Mitigated Negative Declaration for the South Coast Home Furnishing Centre Project, Costa Mesa, CA. FCS was contracted to conduct an IS/MND to evaluation the potential environmental impacts associated with the development of the South Coast Home Furnishings Centre. The proposed project is the development of 312,540 square feet of commercial uses that collectively comprise the South Coast Home Furnishings Centre on a 21 -acre parcel. www.firstcarbonsoIutions.com 1I�6� 15 — loq— iliw First _ irbon ' 0` S Schedule FCS has prepared the following schedule outlining the anticipated timing of each task. Work Task/Milestone Task 1— Project Initiation Task 2 — Prepare Project Description Task 3 — Prepare 1" and 2"dScreencheck IS/MND Submit 1"Screencheck IS to City Staff (May 6, 2015) Receive Comments on 1"Screencheck IS/MND (May 20, 2015) Submit 2"dScreencheck IS to City Staff (June 3, 2015) Receive Comments on 2"dScreencheck IS/MND (June 10, 2015) Task 4 — Prepare Proofcheck Draft IS/MND Submit Proofcheck Draft IS/MND to City Staff (June 17, 2015) Receive Circulation Approval of Draft IS/MND (June 22, 2015) Task 5 — Circulation of Draft IS/MND Begin 30 -Day Public Review Period (June 25, 2015) End 30 -Day Public Review Period (July 24, 2015) Task 6 — Prepare Responses to Comments Task 7 — Prepare Mitigation Monitoring Program Task 8 — Meeting Attendance Date of Completion March 11, 2015 March 11, 2015 through March 18, 2015 March 18, 2015 through June 10, 2015 June 10, 2015 through June 22, 2015 June 22, 2015 through July 24, 2015 July 24, 2015 through August 7, 2015 July 24, 2015 through August 7, 2015 August 2015 www.firstcarbonsoIutions.com 17 FirstCarbon 5f)L I; -1 IONS Fees The fees for the proposed project are provided below. The proposed fee is based upon the scope of work described herein, and includes all labor and direct costs. Fees will be billed on a time and material basis, with the following budgets established for the listed tasks. A breakdown of the number of the hourly rates, number of hours estimated and total costs per employee are provided in the Pricing Proposal Form Attachment, included in Appendix C. TASK Professional Labor Task 1– Project Initiation Task 2 – Project Description Task 3 – Prepare 1st and 2nd Screencheck IS/MND Task 4– Prepare Proofcheck Draft IS/MND Task 5–Circulation of Draft IS/MND Task 6 – Prepare Responses to Comments Task 7 – Prepare Mitigation Monitoring Program Task 8 – Meeting Attendance Subtotal Pi Direct Costs Hazardous Materials Assessment (EAS, Inc.) Hydrology/Water Quality Peer Review (Rick Engineering) Traffic Peer Review (Rick Engineering) Geotechnical Constraints Analysis (Leighton and Associates) Reprographics/Document Production Mileage, Delivery, Postage Administrative Fee (10 percent) Total Direct Costs FCS Estimated Fees Contingency (5%) FCS Professional Fee Not to Exceed Assumptions The assumptions used in calculating the above fees are: FEES $975 2,365 21,235 3,600 2,520 5,760 700 3,910 41,065 $2,200 2,100 2,100 5,175 2,310 670 1,455 16,010 57,075 2,853 $59,929 www.firstcarbonsoIutions.com — IN—" 18 FirstC�i boi i ,r.; 1. The proposed professional fee is valid for up to 30 days from the date of this scope, after which it may be subject to revision. 2. City Staff will be responsible for distribution of public review documents. 3. This price is based upon completion of the work within the proposed schedule. If delays occur, an amendment of the price would be warranted to accommodate additional project management and other costs, and to reflect adjustments for updated billing rates. 4. Costs have been allocated to tasks, based upon FCS' proposed approach. During the work, FCS may, on its sole authority, re -allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. 5. The FCS Project Director will be the primary representative at the project meeting and public hearing. 6. Printing costs are based on the method of printing and binding proposed, numbers of copies proposed as work products, and estimated page lengths. Document printing costs are estimated and will be finalized at the time of printing. On further clarification of the documents (paper and/or digital CD) that the applicant team or City Staff will need during the preparation effort, FCS will specifically identify a detailed reproduction work plan with more specific costs. Scope of Work Modifications FCS assumes a stable and complete project description and project plan set at project initiation. In the event the project description and/or scope of work change to a degree that alters the fee estimate, FCS will contact the applicant team or City Staff in writing to submit a revised fee for mutual agreement, and a contract amendment will be processed. Requests for additional work will be documented, and a completion timetable and estimated fee will be submitted for applicant team or City approval. Payment Schedule FCS proposes invoice billing on a monthly basis, with an indication of the "percent complete' toward each task. Invoices are due and payable within 30 days of receipt. Hourly Labor Rates President/Vice President Director Senior Project Manager/Senior Scientist/Senior Regulatory Scientist Project Manager/Regulatory Scientist Assistant Project Manager/Assistant Regulatory Scientist Environmental Planner/Project Ecologist/Biologist Environmental Analyst/Regulatory Analyst Research Analyst/Staff Ecologist Senior Archaeologist/Paleontologist $240-285 160-270 110-180 100 -150 80 -120 70 - 95 60 - 90 50 - 75 95 -135 www.firstcarbonsoIutions.com —1 lb- 19 '�,,, First 01 Project Archaeologist/Paleontologist/Principal Investigator, Historian 85 -110 Project Coordinator 65 - 90 Architectural Historian/Staff Archaeologist 65 - 95 Field Director/Crew Chief/Supervisor 65 - 80 Laboratory Director 65 - 80 Field Monitors/Laborer 40 - 55 Laboratory Assistant 40 - 55 Publications Coordinator/Technical Editor 90 -115 GIS Analyst 70 -130 Graphics Designer/GIS Technician 65 - 80 Word Processor 65 - 80 Administrative Assistant/Accounting/Clerical 55 - 80 Reprographics Assistant/Intern 45 - 60 Other Labor Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two (2) times the above rates. If additional services are authorized during the performance of a contract, compensation will be based on the fee schedule in effect at the time the services are authorized. Direct Expenses Direct expenses are billed at the amount charged, as described below, plus a 10% administration cost. • Out-of-pocket expenses - including, but not limited to, travel, messenger service, lodging, meals, blueprint, reproduction, and photographic services: Cost, as charged to FCS. • Subcontractors' fees: As quoted. • Passenger cars: $0.565 per mile. • Four-wheel drive vehicles: $75.00 per day ($0.565 per mile). • Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary. • Records checks: fees vary with facility and project. • USFWS/CDFG impacts or mitigation fees. • Museum curation: fees vary with the location and project. • Cultural resources storage/curation of fossil and artifact collections: Cost, as charged to FCS. • Per Diem: $145.00/per day. Lodging surcharge may apply in high rate areas. www.firstcarbonsoIutions.com �` I t'"' 20 FirstCrirhoi i "rk 1 l; 1 ' 0 '; Terms: Compensation and direct expenses are invoiced monthly and are payable upon receipt. www.firstcarbonsoIutions.com -112_ 21 13- First( bo www.firstcarbonsoIutions.com 1I-4— 23 F'irstCarbon Michael E. Houlihan, AICP . t. ItmI 11kmAtry%%,, dYrs I, Associate Director of Environmental Services Overview 27 Years Experience Bachelor's degree, City and Regional Planning - California Polytechnic State University, San Luis Obispo Certified Planner, California Michael Houlihan, AICP has 27 years of industry experience that includes managing and preparing environmental documentation and/or performing planning studies for schools and universities, small-scale commercial developments, large research parks, hillside developments, landfills, and other infrastructure -type facilities in California. His expertise includes management, preparation and processing of environmental documents; land use compatibility analyses; shade and shadow analyses; traffic/circulation analyses; hydrology and water quality assessments; and assessments of public services and utility purveyors. Related Experience Residential Development Uptown Village Mitigated Negative Declaration I City of Anaheim. Project Manager for the Mitigated Negative Declaration for the development of 220 studio, one -bedroom, and two-bedroom units, along with 18,000 square feet (sq ft) of commercial/retail space. The proposed project would redevelop a highly visible vacant and blighted property in the center of the City, while helping the City meet its future housing needs goals. The project is located on approximately four acres, includes a four-story multi -family residential complex with a parking structure and surface parking. Mitigated Negative Declaration for the Cultural Gardens Senior Housing Development I City of Westminster. Project Manager for the Mitigated Negative Declaration for the development of 270 senior housing units along with an approximately 40,000 -square -foot Community Resource Center recreational facility on approximately 5.3 acres. The construction of 270 units of senior housing would include a mix of studio, one bedroom, and two bedroom units. Access to the site continued to occur off of Bolsa Avenue, with additional access provided along the western perimeter of the site at the existing terminus of Sinclair Avenue. Demolition of the existing retail kiosks on a portion of the site was required. Project implementation required approval of a CUP, site plan, area variance, and design review. The primary environmental issues associated with the project included access, traffic, parking, air emissions, and noise. Citrus Grove Apartments I City of Orange. Directed the preparation for the Mitigated Negative Declaration for an infill residential project in the City of Orange. The project included two three-story apartment buildings and another apartment building with two and three story elements each separated by landscaping and surrounding by surface parking. The project included a total of 57 residential apartment units. The primary issues that were addressed included traffic, parking, aesthetics/views, and land use compatibility. Driftwood Estates EIR, City of Laguna Beach. Managed the preparation of the Draft EIR for this project for the development of a 228 -acre sub -division parcel in the City of Laguna Beach. This was a highly controversial project, as the custom homes would be built on ocean view lots, in a sensitive habitat area. The issues related to development of the project included geology and soils, hydrology/water, biological resources, traffic and circulation, air quality and noise. Page 1 Michael Houlihan Initial Study and Mitigated Negative Declaration for the Kunny Ranch Property In the City of Riverside. Managed the preparation of an Initial Study to identify the potential environmental impacts associated with the development of residential Tentative Tracts 33028 and 33029. The tracts encompass a 149 -unit single-family residential community on an undeveloped 143 -acre site, referred to as the Kunny Ranch Property, located in the City of Riverside, Riverside County, California_ The document was prepared in accordance with the California Environmental Quality Act and the State Guidelines and included recommended mitigation measures to reduce potential adverse environmental impacts to less than significant. 15 -Lot Single Family Development EIR, City of Diamond Bar. Managed the preparation of a focused EIR that included an evaluation of potential geology, hydrology, biological resources, cultural resources, and aesthetic impacts for a 15 -lot single family development on approximately forty-four acres in the city of Diamond Bar. The proposed grading plan required substantial offsite grading including the lowering in elevation of the approved Windmill Road and the approved (but not constructed) lots on Tract 48487. The grading plan resulted in additional impacts within Tract 48487. Willow Bend Residential Development EIR, City of EI Centro. Directed an EIR for the Willow Bend residential development project for the City of EI Centro. The project is located within the County of Imperial within the Sphere of Influence of the City of EI Centro_ Project implementation includes annexation, a zone change from County zoning, General Agriculture/Urban Overlay (A2U) to City zoning Single -Family Residential (R-1), and the subdivision of approximately 38 acres to allow for the development of 120 residential units on 6,000 -square - foot lots and approximately 2.08 acres of parkland/retention basin and parkland by the DR Horton, Inc_ Environmental issues addressed in the EIR included agricultural resources, air quality, biological resources, hazards and hazardous materials, noise, public services, recreation, and transportation/traffic. Environmental Impact Report (EIR) for the Miller -Burson Residential Development Located In the City of EI Centro. Directed an EIR for the Miller Burson residential development project which comprises approximately 160 acres of farmland to be converted into 572 lots; to allow for the development of 570 single-family residential units on 6,000 square foot lots, approximately 4.71 acres of public parkland/retention basin, and the dedication of approximately 7.06 acres for an elementary school. Surrounding land uses included vacant land and a single-family residential subdivision that was under construction to the north; Interstate 8 and farmland to the south; single-family residences to the east and farmland with associated shops and ancillary buildings to the west. Eagle Meadows Development Draft EIR. As project manager, prepared the Draft EIR for The Eagle Meadows development, which included a subdivision map for approximately 478 lots on approximately 120 acres for single family residential development, a General Plan Amendment to the Land Use and Circulation Elements, a zone change, and tentative tract map. In addition, the proposed tentative tract map depicts a detention basin, and three lots for open space purposes. The project site is currently vacant and has been historically left fallow or used as marginal grazing land. There is evidence of past unauthorized off-road vehicle use of the project site. The site borders State Route 184 to the south, a future arterial (Vineland Street) to the west, State Route 178 to the north, and the Mesa Marin Raceway and a baseball field complex use to the east. Issues associated with this project included noise, traffic, hazardous materials, biological resources, geology, air quality, archaeological resources, and paleontological resources. Environmental Impact Report for the Sky 19 Development for the City of Bakersfield. Directed services to the City of Bakersfield to assist in completion of the Environmental Impact Report for the Sky 19 Development. This project consists of a parcel map subdividing of approximately 600 acres, located within Section 19 of Township 29S, Range 29E MDBM of the United States Geologic Service 7.5 -minute Oil Center topographic quadrangle map, into parcels for future subdivision into tract maps that could ultimately contain up to 1,600 dwelling units at final build out, and approximately 25 acres of neighborhood and community parks. The existing Metropolitan Bakersfield General Plan designation of the site is Low Density Residential (LDR). The current zoning is One Family Dwelling (R-1). The project site is bordered by State Route 178 to the north, _M0_ Page 2 Michael Houlihan College Drive to the south, Kern County Road (SR -184) to the southeast, a future arterial (Vineland Road) to the east, Morning Drive to the west, the proposed Highland Knolls Drive bisects the project site and Kern County Road (SR -184) is located south and east of the project site. Issues associated with this project consist of air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, noise, traffic, and water supply. MBA works closely with the City of Bakersfield to establish thresholds of significance for each environmental issue addressed in the EIR. MBA will conduct an environmental analysis of the proposed project to include the documentation of baseline conditions, conducting project and cumulative impact evaluations, and formulating mitigation measures for each environmental issue. Planned Communities City In the Hills Project, City of Bakersfield. Served as the project manager for the Hills project located in the northeastern portion of the City of Bakersfield in Kern County. The proposed land uses for the project site included 565 acres of residential and 97 acres of commercial uses on a 694 -acre site. The project also included a portion of land dedicated for freeway development for the right-of-way alignment of State Highway 178 (Kern Canyon Freeway). The primary environmental issues included land use, biological resources, traffic and circulation, noise, air quality, cultural resources, hazardous materials compliance, public services and utilities, and aesthetics. South of Brlmhall Road Project, City of Bakersfield. Managed the preparation of the EIR for the project which is located in the northwestern portion of the City of Bakersfield in Kern County, CA_ The project consists of approximately 759 acres including 2,952 single family residences, 292 multiple family units, 255,000 square feet of commercial uses, and ten acres of open space. The project included a General Plan Amendment, zone change, and an amendment to the Kern River Element Plan. The primary environmental issues included traffic and circulation, hazardous materials, biological resources, farmland conversion, air quality, and noise. Oak Creek Community, City of Irvine. Managed the preparation of an EIR for a mixed-use project for the City of Irvine. The primary project approval addressed in the EIR was a zone change to allow a maximum of 4,050 residences; approximately five -million square feet of commercial, industrial, and institutional uses; as well as the Oak Creek Golf Course on approximately 1,200 acres. The buildout of the project was estimated to take 15-25 years. Point San Diego Hotel, San Diego County. Assisted in the management of a hotel/resort development EIR for a 653 -acre Specific Plan for a destination resort containing resort suites, restaurants, offices, residences, a golf course, and other resort -related recreational facilities, in the unincorporated Community of Spring Valley in San Diego County, CA The Canyons Project EIR. Project Manager to prepare a Final EIR (FEIR), for the development of a mixed-use residential community on approximately 890 acres, that included approximately 1,280 single-family residential dwellings, 120 multi -family residential dwelling units, a 7.45 -acre site for general commercial development, a 29 -acre site for semi-public recreation, a private recreation center, two 5 -acre public parks, 8.75 miles of public trails, 2 miles of public bike path, and approximately 273 acres of open space. The project also included construction of off-site roads and public utilities. Public utilities to the site and within the site included domestic water, sewer, electricity, telephone, natural gas, and cable television. Two off-site access roads will be constructed that link the site to arterial roadways. The project requires the amendment to the Land Use and Circulation Elements of the General Plan, amendment of the Northeast Bakersfield Specific Parks and Trails Plan, rezoning, a vesting Tentative Tract Map, and a Parcel Map. The environmental issues associated with the project included Traffic, Noise, Air Quality, Biological Resources, Geotechnical/Soils, Phase I & II Investigations, Paleontology, Cultural Resources, Hydrology/Drainage, Sanitary Sewer and a Conceptual Grading Plan. Rancho Cucamonga IASP Sub -Area 18 Specific Plan EIR. Project manager for the preparation of an EIR for a 380 -acre mixed use development including a hotel conference center, retail, restaurant and entertainment, 1 1 1 Page 3 Michael Houlihan office, research and development, and light industrial use centered on an 18 -hole golf course (Empire Lakes Golf Course). Educational Facility Planning and Environmental Analysis Mitigated Negative Declaration for Cypress High School, City of Cypress. Served as Project Manager for a school site Environmental Impact Analysis. The project proposed to update and modernize various school facilities in the Anaheim Union High School District and construct a new practice gymnasium, replace portable classrooms with permanent classrooms and build new science laboratories_ Otsuka Elementary School Mitigated Negative Declaration, City of Santa Ana. Project Manager for the development of a 6.5 -acre school site. The proposed school will provide capacity for approximately 850 students (kindergarten through fifth grade). The full-time and part-time staff employment will be approximately sixty-six persons. The proposed project included the construction of four play fields, one parking lot, classroom buildings (including administration and a library) and a multi-purpose building consisting of an assembly room, dining facilities, and a covered lunch shelter. The primary issues addressed in the MND included air quality, cultural resources, hazards and hazardous materials, noise, and traffic. Mitigated Negative Declaration for John F. Kennedy High School, City of La Palma. Served as Project Manager for the project. Project plans proposed replacement of portable classrooms in the Anaheim Union High School District with permanent classrooms and other new construction including two science labs, four computer labs, an auditorium that can seat approximately 1,000 people, as well as a video production center, an additional practice gymnasium with limited locker and shower facilities, outdoor lunch shelters and an indoor multi-purpose area with seating for approximately 300. Mitigated Negative Declaration for Oxford Academy, City of Cypress. Functioned as Project Manager for the project. The school serves grades 7-12 and is designed to prepare students for a successful experience at a four-year college or university. Modernization of this campus in the Anaheim Union High School District included a new gymnasium, a comprehensive library/media center, two additional science labs, an additional computer lab, instrumental and choral music rooms, and new facilities for the Business and Health Academies. Technical studies prepared for the school sites included Traffic, Air Quality, and Noise_ Santa Ana New High School #6 Environmental Impact Report, City of Santa Ana. Managed the production of an EIR for the proposed new high school. The project included plans to increase the school's capacity to 2,500 students, grades 9 through 12. Also included are eighty-six classrooms, administrative offices, library/media center, multi-purpose building, basketball/wrestling gym, athletic fields and related facilities, lighting and stadium seating for a football/track field, 50 -meter length pool with bleacher seating, and surface parking for 629 automobiles. The primary issues addressed in the EIR include traffic, air quality, light and glare, hydrology and drainage, cultural resources, and noise. Palos Verdes Unified School District Environmental Impact Report. Project manager for the preparation of an EIR for the proposed project. The proposed new high school and relocation of existing district facilities involved three sites: Palos Verdes High School site, Margate site, and Dapplegrey site. The Palos Verdes Unified School District proposed to open a 2,200 student capacity high school on the existing Palos Verdes High School site. An intermediate school, two pre-schools and special education classes will be relocated as a result of the new high school. Pomona Unified School District EAs and MNDs. Managed the preparation of EAs and processed MNDs for two new elementary schools and an expansion of an existing elementary school for the Pomona Unified School District. Water/Wastewater Projects Los Osos Wastewater Project EIR, County of San Luis Obispo. Currently managing the preparation of an EIR for the construction and operation of a wastewater facilities project in the Community of Los Osos in San Luis 1 1 8 Page 4 Michael Houlihan Obispo County. The purpose of the project is to alleviate groundwater contamination due to problematic septic systems in the community. The Regional Water Quality Control Board - Central Coast Region (RWQCB) determined in 1983 that contamination in excess of State standards had occurred in the groundwater basin. In 1988, the RWQCB established a discharge moratorium for a portion of the Los Osos area known as the RWQCB Prohibition Zone which halted new construction or major expansions of existing development until a solution to the water pollution problem is provided. The EIR for the Los Osos Wastewater Project includes an evaluation of four separate projects that consist of collection, treatment, and disposal systems_ Various technical studies are being prepared to address potential impacts associated with a new wastewater system. These technical studies include groundwater quality and water supply, surface water quality and drainage, geology, biological resources, cultural resources, air quality and odors, climate change, and traffic. Other issues that are addressed in detail in the EIR include land use, agricultural resources, public health and safety, visual resources, noise and growth inducing. Evaluation of four separate alternative projects will provide the County of San Luis Obispo options to solve the water pollution problem. Frlant-Kern Canal Realignment, City of Bakersfield. Managed the preparation of a categorical exclusion in accordance with NEPA for the realignment of the Friant-Kern Canal. The lead agency for NEPA is the Bureau of Reclamation. The project is located in the vicinity of the future intersection of Calloway Drive and Olive Drive. The detailed technical reports prepared for the project included a cultural resources assessment and a biological assessment. Hansen Dam Water Conservation and Supply Study EIS/EIR. Managed the preparation of an EIS/EIR for the U.S. Army Corps of Engineers water conservation project at Hansen Dam in the City of Los Angeles. The water conservation project included the retention of storm water behind Hansen Dam and the release of storm water at a rate that is equal to the capacity of the downstream spreading grounds to increase groundwater reserves. East Garden Grove-Wlntersburg/ Oceanview Channel System EIR, County of Orange. Managed the preparation of an EIR for flood control improvements for the East Garden Grove-Wintersburg/ Oceanview Channel System (C05/C06) in the County of Orange. The improvements, which included approximately 82,000 linear feet of primarily concrete -lined channels with the tidal portions containing natural bottoms, would increase the capacity of the channels to convey 100 -year flood flows. The proposed improvements are expected to be completed in approximately fifteen to forty-five years. San Marcos Creek Improvement Project, City of San Marcos. Managed the preparation of an EIR for flood control improvements that included the construction of a 17,620 -linear -foot alternating concrete -lined and natural channel for San Marcos Creek in the City of San Marcos. Military Projects Hansen Dam Water Conservation and Supply Study EIS/EIR, City of Los Angeles. Managed the preparation of an EIS/EIR for the U.S. Army Corps of Engineers water conservation project at Hansen Dam in the City of Los Angeles. The water conservation project included the retention of storm water behind Hansen Dam and the release of storm water at a rate equal to the capacity of the downstream spreading grounds to increase groundwater reserves. Marine Corps Tactical Systems Support Activity Expansion, Camp Pendleton. Managed the preparation of an EA for an expansion of an existing Marine Corps Tactical Systems Support Activity within the Marine Corps Base at Camp Pendleton. The expansion provided additional radar training and testing on an eight -acre site. EI Toro Marine Corps Air Station Property. Managed the preparation of EAs in accordance with NEPA for the disposal and development of EI Toro Marine Corps Air Station Property (50 Acres) EA (the development of Alton Parkway on 15.5 acres and the potential development of urban uses on the remaining 34.5 acres). Retail/Commercial Projects Surfslde Hotel, City of Port Hueneme. Managed the preparation of an EIR for 485 -room hotel. The proposed — I Iq Page 5 Michael Houlihan hotel is located adjacent to the existing beach. Issues addressed involved aesthetics, traffic, air quality, noise, flooding from high tides, and public safety due to the site's proximity to the Port Hueneme Naval Construction Battalion Center. Warehouse -Style Retail Merchandising Center EIR, City of Rancho Cucamonga. Managed the preparation of an EIR for a proposed Warehouse -style Retail Merchandising Center in the City of Rancho Cucamonga, CA. The project would allow for the addition of a "Big Box" retail center as a conditional of use with an Industrial Park Classification for properties with frontage along Fourth Street in Subarea 12 of the City of Rancho Cucamonga Industrial Area Specific Plan. Panama Lane Shopping Center EIR. Project Manager for an EIR for General Plan Amendment/Zone Change 02-0193 (Panama Lane Shopping Center). The proposed project included two major buildings, a satellite pad and gasoline fuel station for a total of 379,196 square feet of gross building area on 37.52 acres. The project included the extension of Colony Street, additional intersection signal upgrades, and a drainage sump to be constructed at the northeast area of the site and subsequent projects such as land division. The majority of the project site (33.94 acres) has an original General Plan designation of Low Density Residential and approximately 3.58 acres have a General Plan designation of Open Space -Park. The majority of the site (36.94 acres) is zoned for mobile homes and a small area (0.58 acres) in the southeastern corner of the site is zoned for Regional Commercial. Gosford Village Shopping Center EIR. Project manager for an EIR for Gosford Village Shopping Center. The project involved the development of approximately 700,000 square feet for various retail commercial and service uses. The project is anticipated to be anchored by seven major large -format retail tenants, including a Wal-Mart Supercenter. The major anchor buildings would comprise a total of approximately 569,000 square feet. As conceptualized, most of the major tenants would be located toward the west side of the property away from Gosford Road, with two tenants located along the front side of the property adjacent to Gosford Road. Several smaller retail pads are also proposed to be situated along Gosford Road. These would comprise a total of approximately 53,000 square feet. Additionally, several small fast-food pads are contemplated in the plan. These would comprise a total of approximately 13,000 square feet. A gas station is also proposed to be located toward the southern end of the property near Harris Road. Coffee and Meany Retail Center FEIR. Project manager to prepare a Final EIR (FEIR), including the necessary environmental findings and a mitigation monitoring program, for the Coffee & Meany Retail Center, Big Box project. The proposed Commercial Center involved a concurrent General Plan amendment, Specific Plan Amendment and Zone Change on a total project area of 24 acres. The General Plan Amendment would consist of changing the land use designation from LI (Light Industrial) and LR (Low -Density Residential) to GC General Commercial in the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. These designations would be amended to GC (General Commercial) in the General Plan. Waste Management and Landfill Projects EI Solomante Landfill Expansion Project EIR, County of Riverside. Managed the preparation of an Administrative Draft EIR for a 1,322 -acre landfill expansion and development of a materials recovery facility for the County of Riverside. The proposed landfill would provide capacity for 92- million tons of refuse and extend the life of the landfill for approximately twenty-five years. Crary Horse Landfill Expansion, City of Salinas. Managed the preparation of a revised EIR for a 98 -acre landfill expansion in Monterey County for the City of Salinas. The proposed landfill would accommodate an additional 6.34 million cubic yards of waste and extend the life of the site for 24 years. The revised EIR was prepared in accordance with the Superior Court's Stipulated Order to provide additional environmental analysis. � 20 Page 6 _ Michael Houlihan Government Land Use Planning and Community Development Tustin Community Redevelopment Plan EIR, City of Tustin. Managed the preparation of an EIR addressing the amendments to a redevelopment plan for the Tustin Community Redevelopment Agency in Tustin CA. Energy Utilities and Pipelines Pacific Gas and Electric Development, South Orange County. Managed the preparation of environmental documents and assisted in the siting of an aboveground 15 -mile electrical transmission line and an electrical substation in south Orange County. Also directed the construction monitoring for the transmission line and substation. Coordination with USFWS, USACE, and CDFG was required for impacts on the California gnatcatcher and environmental clearance in accordance with Section 404 of the Clean Water Act and Section 1600 of the California Fish and Game Code. Electrical Facilities Construction, South Orange County. Served as project manager for a project to conduct multiple phase analyses for the construction of electrical facilities in south Orange County between Avenida Pico and Crown Valley Parkway, north and south of Ortega Highway. The purpose of the analysis was to ensure potential environmental impacts were reduced and minimized for the provision of additional electrical services to the Rancho Santa Margarita area. The additional services included the proposed addition of two substations and approximately fifteen miles of 138 KV transmission line from its existing Talega substation. The Phase I analysis included a general environmental constraints analysis to identify potentially sensitive resources in a 26 -square -mile study area. The environmental issues that were evaluated included existing and planned land uses, hydrology, cultural resources, biological resources, visual resources, and geology_ Based on the Phase I analysis, SDG&E identified potential alternative route segments and substations within the 26 -mile study area. A Phase II study was conducted to detail environmental constraints on the potential alternative transmission route segments and substations. The assessment focused on land use, hydrology, cultural resources, and biological resources. The Phase II assessment included field surveys for cultural and biological resources. Based on the detailed Phase II analysis, SDG&E identified a preferred transmission route within the study area. A Phase III environmental assessment was conducted to determine potential impacts on land use, geology, hydrology, biological resources, and cultural resources. Additional detailed field surveys were completed for cultural and biological resources. Throughout the Phase III environmental assessment, the proposed locations of poles and access roads were reassessed in light of new environmental data and extensive redesign to minimize potential impacts on sensitive resources. Airport Projects Douglas Aircraft Facilities, City of Long Beach. Assisted in the preparation of an environmental database for expansion of Douglas Aircraft facilities in the City of Long Beach, CA. Santa Maria Public Airport District EIR, City of Santa Marla. Managed the preparation of an EIR for a 738 - acre research park for the Santa Maria Public Airport District. The research park included light industrial, airport services, two golf courses, and commercial/professional office uses within the City of Santa Maria. The project included the development of Union Valley Parkway, and a six -lane roadway extending along the project site to Orcutt Expressway. Primary issues associated with the project included public health and safety due to the proximity of the airport runways and a closed landfill site, light and glare impacts on aircraft approaching the airport runway, biological resources impacts, and traffic impacts on roadways and intersections in the project vicinity. Transportation Oso/Marguerite Parkways Intersection Improvement Project. Project manager for an IS/MND for the proposed project. The purpose of the proposed project is to improve the operational characteristics of the Oso/Marguerite Parkways intersection in order to accommodate increasing traffic at this already heavily used intersection as a result of the development of the Las Flores and Ladera Ranch Planned Communities, and 121 _ Page 7 Michael Houlihan surrounding areas. The proposed project included the improvement of the intersection of Oso Parkway and Marguerite Parkway consisting of roadway widening, signal modification, and median closure. The improvements along Oso Parkway included street widening from six lanes to eight lanes between County Club Drive and Alpera, as well as installation of additional turn lanes, and the closure of the Oso Parkway median opening at Blascos Drive. The length of the improvements along Oso Parkway is approximately 2,950 feet. The improvements along Marguerite Parkway include installation of additional turn lanes at the intersection of Marguerite Parkway at Oso Parkway and Caro. The length of the improvements along Marguerite Parkway is approximately 1,800 feet. Associated improvements included signal modifications, retaining wall construction, restriping, and relocation of street furniture, sidewalks, utilities, catch basins, landscaping, and parking spaces. Pechanga Parkway Widening, City of Temecula. Project manager for the preparation of a joint NEPA/CEQA document in the form of an Initial Study/Environmental Assessment for the widening of Pechanga Parkway in the City of Temecula. Improvements proposed as part of the road widening project included pavement widening; curbs and gutters, pavement delineation and signage, sidewalks, bike lanes, street lights, landscaped medians and greenbelts; traffic signal relocation and modification; and storm drain/channel and box culvert improvements. The Federal Highway Administration acted as lead NEPA agency with Caltrans providing local oversight. The City of Temecula acted as lead CEQA agency_ The primary issues included traffic, air quality, noise, hydrology/water quality, biological resources, wetlands, cultural resources, and hazardous materials. Authorizations were sought from the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Game because of potential impacts to jurisdictional areas. Antonio Parkway Roadway Alignment Study and Land Use Plan EIR, County of Orange. Assisted in the preparation to conduct a roadway alignment study and land use plan EIR. The County of Orange was the lead agency for the Antonio Parkway Roadway Alignment Study and Land Use Plan EIR. The project entailed the establishment of an alignment for the final segment of Antonio Parkway, a facility designated on the County of Orange Master Plan of Arterial Highways (MPAH) component of the Transportation Element. This final segment of arterial highway extends from just south of Oso Parkway, at the existing terminus, to Ortega Highway. The project also included General Plan/zoning entitlements for 9,800 units, an urban activity center, and supporting commercial and public facility uses on the approximately 5,000 -acre area surrounding the roadway. This area is commonly referred to as the "Horno" or Horno Planning Area and is owned by Santa Margarita Company. The project resulted in an amendment to the General Plan Land Use and Transportation Elements, a zone change, and a community profile amendment to reflect the changes to the General Plan. The project required the preparation of an EIR to assess the potential environmental impacts and a project study report addressing roadway engineering issues. The project was comprised of two major components, a Transportatior Element Amendment and a Land Use Element amendment/zone change. The Transportation Element amendment included the establishment of an alignment and arterial sizing (to a major arterial highway) for Antonio Parkway from just south of Oso Parkway to Ortega Highway, the addition of an unnamed secondary arterial highway from Crown Valley Parkway south to the proposed Antonio Parkway alignment approximately 1.5 miles north of Ortega Highway, the deletion of the proposed extension of Avery Parkway and Trabuco Creek Road from the MPAH, deletion from the Master Plain of Countywide Bikeways of the Class II (on -road) bikeway along Avery Parkway from Marguerite Parkway to Ortega Highway, a re -designation of Antonio Parkway within the study area from a viewscape corridor to a landscape corridor on the Master Plan of Scenic Highways, and deletion from the Master Plan of Scenic Highways of Trabuco Creek Road from Crown Valley Parkway to Antonio Parkway. The Land Use Element amendment entailed the designation of approximately 2,200 acres for suburban residential development, 160 acres for an urban activity center (a mixed-use designation), and the remainder of the 5,000 acres to remain in open space. The project site is zoned for Planned Community. Pittsburg -Antioch Corridor EIS/EIR, Contra Costa County. Assisted in the preparation of a draft EIS/EIR for alternative transit modes, including bus, light rail, and Bay Area Rapid Transit (BART), in the Pittsburg -Antioch 111 Page 8 Michael Houlihan Corridor in Contra Costa County, CA. Marina Drive Bridge IS/EA, Cities of Seal Beach and Long Beach. Managed the preparation of an Initial Study/Environmental Assessment for the proposed reconstruction of the Marina Drive Bridge over the San Gabriel River in the cities of Seal Beach and Long Beach. The purpose of the project is to meet current seismic safety standards. The primary issues involved included wetlands, navigable waters, marine habitat, water quality, streambed alteration, recreation, and access. The project involved substantial agency coordination including Federal Highway Administration, U.S. Army Corps of Engineers, U.S. Coast Guard, National Marine Fisheries Service, Caltrans, California Department of Fish and Game, California Coastal Commission, Regional Water Quality Control Board, and the cities of Seal Beach and Long Beach. State College Boulevard/SR-91 Interchange MND. Managed the preparation of a Mitigated Negative Declaration for improvements to the State College Boulevard/SR-91 interchange. The improvement included the widening of State College Boulevard from six lanes to ten lanes between the westbound on/off-ramps and eastbound on/off-ramps. The primary issues associated with the project included land use impacts (partial and full property takes), noise and air quality impacts, and traffic access impacts. EI Camino Real Widening EIR, City of Tustin. Managed the preparation of an EIR for the widening of EI Camino Real in the City of Tustin_ The project included the improvement of EI Camino Real to a secondary arterial highway from Red Hill Avenue to 400 feet east of Browning Avenue. This area currently represents a traffic bottleneck, causing disruption of local traffic circulation. The primary issues associated with the widening included land use impacts due to partial and full property takes, affordable housing impacts, and air quality and noise impacts. Tustin Ranch Road Extension, City of Tustin. Managed the preparation of a joint NEPA/CEQA document in the form of an EA/IS for the extension of Tustin Ranch Road between Walnut Avenue and Edinger Avenue. A NEPA document was required due to the loop ramp proposed on Tustin Marine Corps Air Station. Primary issues associated with the project included traffic redistribution and noise impacts on the adjacent Peppertree Residential Community. The proposed road extension included a bridge across the Orange County Flood Control District's storm channel, AT&SF railway, and Edinger Avenue. First Street Bridge EA/IS, City of Barstow. Managed the preparation of an EA/IS for the First Street Bridge that extends over the AT&SF railway in the City of Barstow. The project included the evaluation of the existing bridge as a historic resource. Other primary issues included traffic, noise, air quality, and hazardous materials. Various Transportation Projects, Southern California. Served as project manager for the preparation of environmental assessments for a range of transportation projects including on- and off -ramp improvements, roadway widening, and bridge improvements within southern California (cities of Irvine, Tustin, Anaheim, Hesperia, and Thousand Oaks). Alton Parkway Widening, City of Irvine. Managed the preparation of an environmental analysis/initial study for the Alton Parkway (westbound) widening between Ada Street and 1-5 ramp in the City of Irvine. The primary issues associated with the proposed widening included noise and biological resources impacts. 1-15/ Main Street Interchange Improvement Project, City of Hesperia. Managed the preparation of a joint NEPA/CEQA document in the form of an EA/IS (Finding of No Significant Impact/Negative Declaration) for the Main Street/1-15 Improvement Project in the City of Hesperia. The project included a reconfiguration of the on - and off -ramps, widening Main Street to six lanes from two lanes, and modifications to a frontage Road (Mariposa Avenue). The primary issues associated with the project included partial takings at an adjacent restaurant, increases in noise, and the potential for two special status wildlife species: the Mohave ground squirrel and the desert tortoise. Hospital Projects Harbor -UCLA Medical Center Campus Mitigated Negative Declaration, Los Angeles. Managed preparation 2.3 ^ Page 9 Michael Houlihan of a Mitigated Negative Declaration for the construction of an ambulatory care/surgery and emergency room addition building on the Harbor -UCLA Medical Center campus. This facility would house new surgery, emergency and central supply facilities, as well as a new ambulatory care center to provide outpatient primary care, including general internal medicine, obstetrics, gynecology, and pediatrics. Also included in the project would be approximately 50,000 square feet of remodeled space created by the relocation of the Surgery, Emergency, and Central Processing departments. This remodeled space would be used to consolidate and expand other departments that provide ambulatory support. To develop the new ambulatory care, surgery, and emergency facilities, existing campus buildings will be demolished. Construction would alter the internal circulation and parking on the Medical Center campus to provide improved access to the proposed and existing facilities. Grossmont Hospital District EIR/MND. Managed the preparation of environmental documents for the Grossmont Hospital District including an EIR on the District's Master Plan and an MND for a parking structure. The EIR assessed the expansion of the hospital with approximately 80,000 square feet of emergency room, intensive care unit, cancer center, conference center, administration office, and power plant facilities. Professional Affiliations American Institute of Certified Planners American Planning Association Association of Environmental Professionals Page 10 12-4 - F1rstCa rbon ' Shawn R. Neulll .0LUTI'ON „l. 11,r, u�t,+iv MAV AS"M �.-.,f.-x. Project Manager Overview 10 Years Experience Juris Doctorate - University of San Diego School of Law Bachelor's degree, Political Science - San Diego State University Shawn R. Nevlll is a project manager who focuses on environmental compliance documentation under the California Environmental Quality Act (CEQA). Since 2005, he has specialized in Environmental Impact Report processing and management for large infrastructure, educational, residential, commercial, and industrial projects throughout Southern California. Shawn's experience includes the preparation and management of Environmental Impact Reports, Mitigated Negative Declarations, due diligence reports, and Habitat Evaluation and Acquisition Negotiation (HANS) documents. Additionally, Shawn has prepared and processed planning documentation, such as Specific Plans, Design Guidelines, General Plan Amendments, Zone Changes and Substantial Conformance documents. In addition to his experience, Shawn's practical understanding of contemporary environmental law helps him find solutions to the most complex environmental issues. Related Experience Infrastructure Projects North Basin Recycled Water Pipeline Project, Cities of Anaheim and Fullerton (Orange County Water District). Prepared and processed a Subsequent EIR for modifications to a pump -and -treat system designed to treat contaminated groundwater. The project included various extraction wells, pipelines, a treatment plant, and injection wells. The EIR thoroughly addressed noise, traffic, and hazardous materials issues. DS -104 Electrical Distributing Station, City of Los Angeles (Los Angeles Department of Water and Power). Prepared an Initial Study and Notice of Preparation for an electrical distributing station in the Pacific Palisades community of Los Angeles. The DS -104 project involves a preferred project site as well as several potential alternative build sites within the project area. The potential issues with the project involve impacts related to biological resources, geology and soils, noise, and land use and planning. Mlraloma Groundwater Recharge Basin Project, City of Anaheim (Orange County Water District). Prepared an EIR for a 13 -acre groundwater recharge basin at an industrial property in the City of Anaheim to convey Santa Ana River water and treated wastewater to the groundwater basin. The EIR addressed issues related to contamination from previous land uses at the site, traffic, and air quality impacts. Harbor Refineries Pipeline Project, City of Carson (Los Angeles Department of Water and Power) . Prepared and processed an EIR for an 11.4 mile recycled water pipeline in the City of Carson. The pipeline conveyed water from a water treatment plant to numerous oil refineries and other institutional customers in the Harbor Area. The pipeline construction featured directional drilling and pipe jacking beneath existing roadways. Educational Facility Projects Braille Institute Learning Facility, City of Irvine. On behalf of the Braille Institute, Shawn prepared an environmental issues and constraints analysis for a potential site in the City of Irvine. The proposed facility 12!S—^-- Page 1 Shawn Nevill would provide Braille education and support services for students in an area dominated by commercial and industrial land uses. The issues analyzed included hazardous materials, noise, and the impact of future projected land uses at the former MCAS Tustin site on the subject property. Newport Beach Learning Facility, Newport Beach. On behalf of the Coast Community College District, Shawn prepared and processed a Mitigated Negative Declaration for a satellite learning facility. The 45,000 square foot LEED-certified facility was located on a 3.4 -acre site that included several existing commercial, industrial, and residential structures. Issues related to hazardous materials during demolition were thoroughly addressed in the document. Commercial and Industrial Projects Aloft Hotel, City of Irvine. Prepared and processed the Initial Study and Mitigated Negative Declaration for a 170 -room extended stay hotel that featured a bar and restaurant area. The Aloft Hotel project is part of a larger office park project within the Irvine Business Complex. Springhlll Suites Hotel, City of Irvine. Prepared and processed the Initial Study and Mitigated Negative Declaration for a 132 -room hotel on a 2.3 -acre property in the Irvine Business Complex. The project consisted of the demolition of an existing office building. The hotel featured numerous project design features to reduce impacts associated with global climate change_ Towne Center, City of Perris. Prepared the Initial Study and Draft Environmental Impact Report (EIR) for a commercial shopping center consisting of 484,265 square feet of building space. The Towne Center EIR thoroughly addressed the project's economic and social impacts relating to urban blight as well as impacts related to greenhouse gas emissions. Nuevo Business Park, Riverside County. Prepared, managed, and processed the EIR for a 1,026,300 square foot light industrial development and associated offsite infrastructure including the construction of roadways and utility improvements. Oleander Business Park, Riverside County. Prepared the Draft EIR for a 68.81 -acre warehousing and distribution facility. Shaw n managed the project's extensive sub -consultant team, which included a variety of technical experts and engineers Residential Projects Stonefleld Development Project, Chino Hills. Prepared the Draft EIR for a 28 -unit hillside residential community development. The Draft EIR thoroughly addresses the project's traffic, noise, and aesthetic i m pa cts. Boulder Ridge, Moreno Valley. Prepared an Initial Study and coordinated the preparation of technical reports for a 114 -unit hillside residential community on 189 acres. The community includes passive and active recreational amenities, including open space areas and a community clubhouse. 12(Page '�% FirstC(<i 11)oI i `' t. 7 ( (I ( I (.) N ' , Elizabeth A. Westmoreland - Environmental Ana[ st Overview Elizabeth A. Westmoreland (Liz) has over four years of educational and professional experience assessing the environmental and social effects of development. Education • 3 Years Experience with CEQA • B.S. in Environmental Science - Departmental Honors- Magna Cum Laude- University of Redlands • School for International Training (SIT) Semester Abroad in Panama - Tropical Ecocystems and Marine Science • Geographic Information Systems (GIS) Certificate - University of Redlands Professional Affiliations • Member of the Association of Environmental Professionals (AEP) o Recipient of the Nita Bullock Memorial Scholarship - 2013; o Inland Empire Chapter Director of Social Media - 2014, 2015. Liz specializes in California Environmental Quality Act (CEQA) compliance and documentation, with additional experience conducting NEPA analyses in California and Arizona. Having authored Environmental Impact Reports, Initial Studies, Environmental Assessments, Mitigation Monitoring and Reporting Programs, Phase I Environmental Site Assessments, and other compliance documents for both the public and private sector, she has a keen awareness of the issues and mitigation measures specific to each type of development. Liz has experience working with projects and clients in the industrial, residential, commercial, and mixed-use sectors_ Liz has additional experience working with Cultural Resources Compliance, including consultation with Tribal Authorities. Liz obtained her Bachelor of Science Degree in Environmental Science and Spanish (minor) from the University of Redlands. Her degree was awarded with Departmental Honors and she graduated Magna Cum Laude. She is also proficient in using Geographic Information Systems Software, and has earned her Certificate from the University of Redlands. In 2013, she was awarded the Nita Bullock Memorial Scholarship by the Association of Environmental Professionals (AEP). Liz is also a current Board Member of the Inland Empire Chapter of AEP. Experience and Client Summary FCS Project Experience 2012 to Present • EIR for Maiestic Chino Gateway Proiect. Chino. CA Liz was the primary author of the EIR for the Majestic Chino Gateway Project, prepared in 2013. The project consisted of an industrial warehouse of more than 3 million square feet, with a retail component of 46,000 square feet on previously agricultural land. • 1� and EIR for the Bottoms Property Residential Project, Richmond CA. Liz was the primary provider of CEQA support for the Bottoms Property Residential Project Initial Study and EIR. The project included the establishment of trail easements, multi -family homes, and associated features along the San Francisco Bay. The project site was within an existing industrial area with contaminated soils. www FlrstCarbonSolutions coir. —129, CORPORATE RESUiNIE *'FirstCark: ol'i Elizabeth A. Westmoreland - Environmental Analyst • IS -MND for Health Care Facility Improvement Program at California Men's Colony, Lancaster. California Department of Corrections and Rehabilitation (CDCR). Project involves new construction and modification to existing facilities to accommodate health care improvements. Provided CEQA support for the IS/MND. • 4197.0001. John Wayne Airport Jet Fuel Pipeline Environmental Assessment. John Wayne Airport, County of Orange, City of Tustin, City of Irvine, Federal Aviation Administration. Project involves construction of a jet fuel pipeline between an existing fuel line, and the airport, eliminating truck delivery of jet fuel to the airport. Supporting author for the preparation of the EA to satisfy NEPA requirements. 42610.0001 4900 Hollywood Avenue Mixed -Use Residential Project 15 -MEND. Cen-Fed Ltd. Wilshire Pacific Properties and City of Los Angeles. The project involves the redevelopment of 1.5 acres of residential, medical office and commercial uses on multiple buildings and parcels into a six -story building providing 200 residential units, two -levels of parking and ground floor retail uses. FCS prepared the IS -MND consistent with City of Los Angeles Local CEQA Guidelines. Project specific air quality and greenhouse gas analysis were prepared, contrasting the change in uses. Shade and shadow analysis evaluates the increase in height on outdoor public space (parks, yards, etc.). '+ 0080.0021 Lighthouse Live/Work Residential Project 13 -MND City of Costa Mesa, This project involved the redevelopment of an existing industrial site into moderate density residential and live/work units. FCS prepared an initial study/mitigated negative declaration for the project, CEQA notices, and response to comments. Key issues included shade/shadow, construction and long-term impacts on adjacent residential uses; compatibility with nearby coastal zone areas; and remediation of existing hazardous materials conditions. The project was approved in 2014. • IS -MND for Mountain View Marketplace, Loma Linda CA. As the primary author, Liz prepared a successful IS -MND for a marketplace along Interstate -10 (1-10) that included a gas station, convenience store, car wash, fueling canopy, and underground storage tanks. The project required the approval of zoning variances, a specific plan amendment, and a conditional use permit. ■ IS-MNDs for Sunlight Solar 'Projects. Los Angeles County, CA. Liz provided the CEQA analysis for multiple solar projects in the desert region of Unicorporated Los Angeles County, California. The IS -MND evaluated impacts related to the construction, operation, and maintance of unmanned photovoltaic (PV) solar electricity generating facilities and associated safety features. EARS for the Hollywood Central Park Project. Los Angeles, CA Liz provided support for the preparation of the Initial Study and associated notices for the Hollywood Central Park Project. The project includes the establishment of a park, small scale retail facilities and www FirstCarbonSolutions com (29-- CORPORATE RESUME Y FirstCar bon S0L(I fli;NS Elizabeth A. Westmoreland - Environmental Analyst kiosks, restaurants, a community center, plazas, and additional recreational and open space features that would cap a segment of the US -101 freeway. • IS -MND for Montgomery -7, San Jose CA Liz was responsible for writing the IS -MND for the Montgomery -7 residential project located in downtown San Jose, CA. The project consisted of a ground floor residential component and 5 floors of apartments. • 3426.0005 San Gorgornlo Crossing. Sh000ff Group and County of Riverside. Project involves the development of a warehouse and associated features near Calimesa/Cherry Valley. Provided CEQA support in the development of a comprehensive EIR for this controversial project. The EIR includes a robust alternatives analysis involving the evaluation of build and no -build No -Project alternatives, a residential alternative and a less intense agricultural alternative_ 4443.0001 Las Terrazas EA and CEQA Checklist AMCAL Mulit-Housing Inc. and San Bernardino Economic Development Agency. Project involves the development of 112 multi -family homes for low- and very -low income households in unincorporated San Bernardino County near Colton. Assisted in the preparation of a combined Environmental Assessment and CEQA Checklist to satisfy Housing and Urban Development (HUD) NEPA and County CEQA requirements. • 0144. 4046. 5 ierra Industrial Project EIIR. City of Fontana. Project involves the development of a new warehouse in north Fontana. Project involves the development of a new warehouse in north Fontana. FCS prepared a Notice of Preparation/Initial Study, and effects found not to be significant were screened out of the EIR. Rather the EIR focused on 11 topical areas of potential impact including aesthetics, air quality land use, noise and traffic/access. Based on public comments on the Draft EIR on the subject of traffic and access, the City requested project modifications which were addressed in an Errata to the EIR that was packaged with the response to comments. FCS supported the City during all facets of the CEQA process, preparing notices, environmental findings, and developing response to comments in conjunction with both Planning, and the City Attorney's office. The project was approved in 2014. 0629.0024 Redlands Heritage Park Master Plan IS -MND City of Redlands. The project involves the improvement of the City's existing Heritage Park and on-site Grove Middle School, which focusses on agricultural related curriculum, consistent with a Master Plan. Future improvements include expansion of the historic Barton School House, various landscape improvements, parking lots, and an amphitheater. Project manager/primary editor for the preparation of an IS/MND, air quality and noise analysis, and peer review of existing biological and cultural reports. Moon Cams EIR, County of San Bernardino. Assisted with the preparation of CEQA documentation for the Re -circulated Environmental Impact Report (EIR), Final EIR, and Findings of Fact. The revised project description consists of the subdivision of the site into 57 lots -50 numbered lots (residential lots) to be sold individually and developed into custom homes; and seven lettered lots, two of which would be designated as Open Space/Conservation easements and Neighborhood Lake Access, three are well sites, one is a potential reservoir site, and one would be developed as the marina parking lot with a boat ramp_ The marina parking lot also includes some open www FirstCarbonSolutions com — 121CORPORATE RESUME 46.0' FirstCathon" r0 1 UT I ('.) N Elizabeth A. Westmoreland - Environmental Analyst space for the preservation of existing trees; however, because of the development of the parking lot and boat ramp, the lot would not be considered Open Space. t 2619.0027 Desert Hot $ rings Retail Center Specific Plan EiR, Desert Hot Springs The project site encompasses three parcels totaling approximately 18.95 gross acres, and consists of vacant undeveloped land, with the exception of a paved road, Claire Avenue, overhead utility lines on the eastern side of the site, and an abandoned 8 -inch -diameter water line. The City completed annexation of the proposed project site from Riverside County on September 12, 2010, and plans to update the General Plan Designation to Commercial. The project includes a Full -Service Walmart Facility with retail/restaurant/fast food uses, and commercial building pads_ The Walmart building also includes an indoor gardening area. The project is projected to supply approximately 300 jobs at the facility. t Phase I Environmental Site Assessment for the property at Jefferson and Adams Street, Benicia CA Liz provided research, writing, and outreach assistance in the preparation of a Phase I ESA within an industrial and historical area of Benicia, California. The project site is adjacent to a large volume petroleum product pipeline system which leads to a refinery to a loading and unloading dock on Carquinez Straits. Military waste products may also been disposed on the property and at least one buried pipeline was observed in a vault on the north side of the street. t Fontana Siena Phase I Environmental Site Assessment. Fontana, CA Liz conducted the site visit and provided support in the preparation of the Phase I ESA update performed by FCS. The project is located on previously agricultural land within a residential area of Fontana, California. Environmental Information Farm Santa Ana and Catawba Avenue Logistics Project. City of Fontana. CA. Primary author for the project. The project is located in southern Fontana, CA and is bounded by Catawba Avenue to the east and Santa Ana Avenue to the south_ The project site is south of Interstate 10 (1-10), and is located within the Southwest Industrial Park Specific Plan. Implementation of the project will require the demolition of existing structures onsite including residential uses, light industrial, warehousing, and storage. The project will occupy approximately 15 acres, and have a Floor Area Ratio (FAR) of 53.40%. The Logistics Facility will occupy 313,475 sf and contain approximately one door per every 8,960 sf, for a total of 35 dock doors. The project plans include offices, a guard shack near the Catawba Avenue entrance as well as a chain link fence around the site. 3743.1301. Mt Baldly Qountyof San Bernardino Telecommunications Tower IS -MN Provided primary CEQA support for the project. The project included a Conditional Use Permit (CUP) to establish a 45 -foot wireless telecommunications tower camouflaged as a monopine with 12 panel antennas and two GPS antennas on a portion of a 17.56 acre parcel. The proposal includes an equipment shelter within a 900 -square -foot lease area. The proposal will also include the instillation of a chain link fence, with a 4 -foot -wide gate located at the southeast portion of the leased site. A 30 -kilowatt generator would be installed on a 5 -foot by 8 -foot concrete pad, located within the southwest portion of the leased site. An existing utility pole (#4593592E) is located approximately 25 feet northeast of the proposed block building. The proposed project will connect with the existing utility pole and will install a meter pedestal (located approximately 5 feet south of the existing utility pole) as well as install an underground Telco trench (approximately 80 linear feet) to collect utilities to the proposed facility. The project site lies within the unincorporated portion of the County of San Bernardino, California, on the border of Los Angeles County. Additionally the site is located within Overlay District FS1, moderate/high landslide area. www FirstCarhonSolutions com � ('3d, CORPORATE RESUME FirstCar-bon" S0LUT10NS Elizabeth A. Westmoreland - Environmental Analyst 4118.0003.0 Thousand Palms Recycling Yard IS -MND. County gf Riverside_ The Project site consisted of approximately 41 acres. Operations at the site currently occupy approximately 25 acres of the 41 acres. Current hours of operation at the site are from Monday through Saturday 7:00 a.m. to 5:00 p.m. and Sunday from 8:00 a.m. to 4:00 p.m. Project operations include a recycling processing facility that purchases and processes recyclable metals, white goods/appliances, and accepts California Redemption Value (CRV) containers. Project Operations also include processing green waste, wood waste. and inert materials. Three Bridges Project, Calaveras County and Caltrans The County of Calaveras, in cooperation with the California Department of Transportation (Caltrans), proposes to improve three existing bridges located along Dogtown Road, northeast of the City of Angels Camp. The County has requested and received authorization to proceed uner the Highway Bridge Program to rehabilitate or replace three bridges: Dogtown Road over French Gulch Creek, San Domingo Creek, and Indian Creek. Participated in the cultural/Native American Tribal outreach and consultation for the project. Orange County Water District Annexation Project (OCWDi The City of Anaheim, Irvine Ranch Water District (IRWD), and Yorba Linda Water District (YLWD) have requested annexation of lands into the Orange County Water District (OCWD) boundary, including lands within the existing service areas of the City of Anaheim, IRWD, and YLWD. The OCWD currently encompasses over 229,000 acres of the lower watershed of the Santa Ana River below Prado Dam in the Orange County region of southern California. The City of Anaheim proposes to annex contiguous lands east and west of the 241 Freeway directly south of the 91 Freeway; IRWD proposes to annex four separate land areas including the largest parcel located west of the 261 Freeway south of the point where the 261/241 Freeways separate, and three smaller parcels_ Participated in the Cultural/Native American Tribal outreach and consultation. • Noise Impact Analysis for the Santa Clara Wildlife Center County of Santa Clara CA: Peninsula Humane Society and SPCA Provided support to the Senior Noise Specialist in the preparation of the noise impact analysis relating to the establishment of a wildlife refuge center in Santa Clara County. www.FirstCarbonSolutions com —1-31- CORPORATE RESUME FirstCe-.irk_)on' r '�()l i.l 1 I0 Ni Elena Nuno, MA — Project Manager/Air Quality Scientist Overview Nine years of experience preparing environmental impact assessments under the California Environmental Quality Act (CEQA) with a specialty in air quality and greenhouse gas analyses. Associations and Certifications • Association of Environmental Professionals (Central Chapter), Vice -President of Membership Education Master's degree, Public Administration - California State University, Fresno Bachelor's degree, Geological and Environmental Sciences - Stanford University Elena Nuno, MA, Project Manager/Air Quality Scientist has nine years of CEQA experience. Elena's professional history includes working as an air quality specialist with the San Joaquin Valley Air Pollution Control District (SJVAPCD) where she assisted in the preparation of air quality attainment plans and was responsible for CEQA compliance for Air District rules and permits. As a project manager/air quality scientist in the private sector, Elena has assisted with the preparation of numerous Environmental Impact Reports, Negative Declarations, authored agricultural land conversion studies and Air Quality Reports and Climate Change Analyses for alternative energy, residential and commercial projects, well and drilling operations, educational facilities, roadways, and industrial facilities. Additionally, Elena has assisted numerous development projects with regulatory compliance for the SJVAPCD Rule 9510, Indirect Source Review_ Elena has prepared thorough Air Impact Assessments for projects to achieve maximum emission reduction credits for creditable onsite mitigation measures. Experience and Client Summary • Dogtown Bridge Replacement Projects IS/MNDs. Calaveras County, CA. Calaveras Department of Public Works. • Pixley Community Plan Air Quality and Greenhouse Gas Analyis Report, County of Tulare, CA. • Deer Creek Rock Company Air Quality and Greenhouse Gas Analysis, County of Tulare, CA • Vega Solar Project EIR, County of Merced, CA • Cambrian Energy LLC Teapot Dome Landfill IS/MND, County of Tulare, CA • China Creek/425B Bridge Replacement IS/MND, County of Madera, CA • Yosemite Springs Bridge Replacement IS/MND, County of Madera, CA • Jaye Street Bridge Widening IS/MND, City of Porterville, CA • Bear Creek and Black Rascal Bicycle Paths Caltrans Technical Studies, City of Merced, CA • Golden State Corridor Economic Development Infrastructure Improvements IS/MND, Fresno Council of Governments, Fresno, CA • Selma Disposal and Recycling Transfer Station Air Quality and Greenhouse Gas Analysis, City of Selma, CA • Downtown East Precise Plan Focused EIR, City of Hanford, CA • 25 Park Place IS/MND, City of Fresno, CA • Travers Creek Bridge Replacement Project IS/MND, County of Fresno, CA • Tra Vigne Subdivision EIR, County of Madera, CA • SPG Solar Project, County of Merced, CA • Walmart Air Quality and Greenhouse Gas Analysis, City of Kerman, CA • Northwest Fresno Walmart Air Quality and Greenhouse Gas Analysis, City of Fresno, CA -132— k*w FirstC (-irt on Ranch Specific Plan Air Cuality and • Terra Ranch Subdivision Greenhouse Gas Mitigation Plan, Manteca, CA • St. Regis Napa Valley Air Quality and Greenhouse Gas Analysis, City of Napa, CA -ice k*w' FirstCarboii rsoi U I I Philip Ault — Noise and Air Quality Specialist Overview Philip Ault, is primarily responsible for the measurement, analysis and reporting of noise and air quality impacts for a variety of projects. He prepares proposals and cost estimates for air quality and noise impact analysis projects. He is proficient with the use of the FHWA Highway Traffic Noise Prediction Model (FHWA RD -77-108), SOUND32 noise model, and FHWA Traffic Noise Model (TNM) 2.5. He is responsible for conducting field noise measurements with the Larson Davis models 720, 820 and 824 sound level meters in compliance with FWHA, FTA, and HUD standards. Mr. Ault prepares stand-alone noise and air quality studies as well as studies in compliance with CEQA including global climate change analysis. Associations and Certifications • United States Green Building Council (USGBC), Leadership in Energy and Environmental Design Accredited Professional (LEED-AP) • TRAFFIX Training, Dowling Associates, Inc., Oakland, California • FHWA Traffic Noise Model 2.5 and Traffic Noise Fundamentals Training Course, Bowlby & Associates, Inc., Franklin, Tennessee • Principles of Ecological Design, Case Studies in Ecological Design, San Francisco Institute of Architecture San Francisco, California Education • M.S., Advanced Environmental and Energy Studies for Architecture, University of East London at Centre for Alternative Technology, Wales, U.K_, 2007 • B.S., Mathematics, Bob Jones University, Greenville, South Carolina, 1991 Mr. Ault has conducted extensive research in environmental and energy topics including energy efficient project design, sizing of wind and solar PV hybrid generator systems, and project greenhouse gas emission impacts related to global climate change. He has also conducted extensive research into LEED for Neighborhood Developments, the newest tool developed by the U.S. Green Building Council as a standard for sustainable community design and development, and how such tools can blend with CEQA requirements. Experience and Client Summary Napa Logistics Park Phase II Project EIR for the City of American Canyon • Trellis Residential Project EIR for the City of Walnut Creek • Pacific Beach Assisted Living Center in the City of San Diego for Oakmont Senior Living • Fairmont Terrace Park IS/MND Noise Analysis for the Hayward Area Recreation and Park District • Napa Housing Element EIR for the City of Napa • Ruschin Drive Residential Project IS/MND Noise Analysis for the City of Newark • Retrofit Noise Barrier Analysis for the Santa Clara Valley Transportation Authority (VTA) • Children's Hospital & Research Center Oakland Campus New Replacement Hospital Facilities Project EIR Noise Analysis for the City of Oakland • Apple Campus 2 Project EIR for the City of Cupertino 15A- k#w' FirstCar un rX 0 1 11 ( IONC, Scott Crawford, MA —Senior Scientist Overview Over 20 years' experience conducting invertebrate, herpetological, mammalian, and avian surveys throughout California. He is experienced in conducting jurisdictional delineation surveys including rivers, streams, seasonal ponds, and vernal pools. Associations and Certifications • FEDERAL PERMIT # TE019947-4 California gnatcatcher, Quino Checkerspot Butterfly, Listed Fairy Shrimp • FEDERAL PERMIT # TE019947-2 Previously included EI Segundo Blue Butterfly • Collection Permit: 801087-04 Exp. 1/19/2014 • Flat -Tailed Horned Lizard 6/2001 • Wetland Training Institute 12/1998 • Desert Tortoise Council Workshop 10/1999 • Desert Tortoise Egg Handling/Artificial Burrow construction 10/1999 • Project Management Boot Camp 1 - PSMJ Resources, Inc. 3/2004 • Managing Multiple Project Objectives and Deadlines, Skill Path 1/2006 • Registered Wildlife Biologist - San Diego, Los Angeles, Riverside, San Bernardino, and Orange County • LAX Security Clearance/Driving Clearance - 2001 • Fairy Shrimp Identification Class: Denton Belk: November 1999 • The Wildlife Society Education • Master's degree, Biological Science - California State University, Fullerton • Bachelor's degree, Environmental Biology -California State University, Northridge Scott Crawford also assists in the management of the natural resource team at FCS_ His extensive experience in project related consultations with regulatory agencies include California Department of Fish and Wildlife (DFW), US Fish and Wildlife Service (USFWS), US Army Corps of Engineers (USACE), California Coastal Commission (CCC), and State Water Resources Control Board (SWRCB), California Energy Commission (CEC), Federal Energy Regulatory Commission (FERC), Department of Gas and Geothermal Regulations (DOGGR), Bureau of Land Management (BLM), and US Forest Service (USFS). Experience and Client Summary • Panama Lane Shopping Center EIR, City of • Quail Brush Project, California Energy Bakersfield. Commission, City of San Diego • Gosford Village Shopping Center EIR, City of • Oak Canyon Nature Center Naturalist Bakersfield. • Tonner Canyon Biological Resources Assessment and wildlife movement corridor study, City of Industry • California Gnatcatcher Surveys, Van Daele Development, Menifee Area Menifee Farms • Parkside Project, City of Wildomar j ` OVERVIEW Education .� FirstC.c31"i")(M Coral Eginton - Archaeological Projects Manager • Seven (7) Years' Experience Master of Arts in Nautical Archaeology, Texas A&M University, College Station, TX (2014) • Bachelor of Arts in Anthropology, University of California - San Diego, La Jolla, CA (2007) Coral Eginton is a professional archaeologist who is certified by the County of Orange and has recently submitted credentials to be a Registered Professional Archaeologist. She meets the Secretary of Interior's standards for historic preservation programs for archaeology. Ms. Eginton has seven (7) years of experience in all aspects of cultural resources management, including prehistoric and historic archaeology, paleontology, materials conservation and nautical archaeology. She has experience in compliance with the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the National Historic Preservation Act (NHPA), and the Archaeological Resources Protection Act (ARPA)_ Ms. Eginton has completed cultural resources projects that have involved agency, client, Native American, and subcontractor coordination; treatment plans and research design development; archival research; field reconnaissance; site testing; data recovery excavation; construction monitoring; site recordation; site protection/preservation; mapping/cartography; spatial analysis/GIS; laboratory analysis; materials conservation; artifact curation and exhibition; and report production. She has completed projects in California, Texas and Louisiana within the jurisdiction of the Bureau of Land Management (BLM) and other federal agencies requiring compliance with Section 106 of the NHPA. She has also completed projects throughout Southern California under CEQA for State and local governments and municipalities, including the California Department of Transportation (Caltrans), the California Energy Commission, the Los Angeles County Department of Public Works (LADPW), and the Los Angeles Department of Water and Power among others. EXPERIENCE AND CLIENT SUMMARY Project Experience • Santa Margarita Water District, Gobernadora Multi -Purpose Basin, Rancho Mission Viejo, CA • Ziani Condominium Complex, Cultural Resources Monitoring, San Diego, CA • Santa Margarita Water District, Leatherwood Pipelines, Rancho Mission Viejo, CA e Santa Margarita Water District, Middle Chiquita Reservoirs, Rancho Mission Viejo, CA O Rancho Mission Viejo LLC, Ranch Irrigation Line Relocation, Rancho Mission Viejo, CA ® Rancho Mission Viejo LLC, Overhead Power Line Relocation and Field Office Grading, Rancho Mission Viejo, CA www Fir-stCarbon.Solutions.com CORPORATE RESUME 4i: FirstC�--irbo« Coral Eginton - Archaeological Projects Manager • Rancho Mission Viejo LLC, Archaeological Resource Test Excavations and Analysis (CA -ORA - 1043), Rancho Mission Viejo, CA • Rancho Mission Viejo LLC, Cow Camp Road Construction Monitoring, Rancho Mission Viejo, CA • Rancho Mission Viejo LLC, Archaeological Resource Test Excavations and Analysis (CA -ORA - 1048), Rancho Mission Viejo, CA • EI Segundo Power LLC, State Lands Commission PRC 858.1 Lease Renewal, City of EI Segundo, CA • BrightSource Energy, Rio Mesa Project, City of Blythe, CA • BrightSource Energy, Sonoran West Project, City of Blythe, CA • County of Santa Clara, Valley Medical Center Excavations, County of Santa Clara, CA • California High Speed Rail Authority, High Speed Train - Palmdale to Los Angeles EIR/EIS, County of Los Angeles, CA • Los Angeles Regional Interoperable Communications System, Emergency Response System Tower Installation, County of Los Angeles, CA • Los Angeles Department of Power and Water, Professional Environmental Assessment and Air Quality Services, Phase II Archaeological Testing, Owens Lake, CA • DCP Midstream, Shreveport to Carthage Pipeline Survey and Existing Corridor Expansion, City of Shreveport, LA • Valero Energy Corporation, Corpus Christi to Goliad Pipeline Survey and Reroutes, City of Corpus Christi, TX • Conco Phillips, Bay City to Sugarland Pipeline Geological Trenching, City of Bay City, TX • U.S. Forest Service, Caddo/LBJ National Grasslands, Energy Corridor Survey, City of Decatur, TX • Valero Energy Corporation, Natchitoches Connectivity Pipeline Survey, City of Natchitoches, LA • Conco Phillips, Bay City to Sugarland Pipeline Survey, City of Bay City, TX Additional Experience • Western Australia Museum Maritime Archaeology Department, Shipwreck Galleries, City of Fremantle, Western Australia • Texas A&M University Department of Anthropology, Nautical Archaeology Program, Ship Reconstruction Lab, City of College Station, TX • Bajo de la Campana Phoenician Shipwrecks Excavation Project, La Manga, Spain • Edom Lowlands Regional Archaeology Project, Wadi Faynan, Jordan • San Diego Museum of Man, Faunal Analysis Laboratory, San Diego, CA www. First CarbonSoIutions.com ,- 1 1 3n — CORPORATE RESUME AJ • -ISO L U F I ON S Coral Eginton - Archaeological Projects Manager • University of California San Diego, Near Eastern Archaeology Lab, La Jolla, CA Publications Eginton, C. 2014. "Health and Disease on the Dutch High Seas: An Analysis of Medical Supplies from Batavia, Vergulde Draak and Zeewijk." M.A. Thesis. Texas A&M University, College Station, Texas. Castro, F., Yamafume, K., Eginton, C., and T. Derryberry. 2011. "The Cais do Sodr6 Shipwreck, Lisbon, Portugal." UNA 40(2). Eginton, C. 2011. "Health and Disease on the Dutch High Seas: Research at the Western Australia Maritime Museum Shipwreck Galleries." CMAC News and Reports (forthcoming). Eginton, C. 2010. "Peter Amaral Fellowship: Three Students Discuss Their Research." CMAC News and Reports 2(2): 4. Eginton, C. 2010. "INA Projects - Australia: Health and Disease on the Dutch high Seas." INA Quarterly 37(2-3): 21. Eginton, C. 2009. "The Allure of the Field." INA Quarterly 36(4): 13. wmv.First Carbon SoIutions.corn _ I M.0— CORPORATE RESUME WAN CHANDRA, PE, GE Senior Principal Engineer Education M.S., Civil Engineering, Texas A&M University, College Station, Texas, 1988 B.S., Civil Engineering, Chung Yuan Christian University, Taiwan, 1985 Professional Registrations California Registered Geotechnical Engineer - 2376 California Registered Civil Engineer -50068 * 40 -Hour Cal -OSHA Health and Safety Training Professional Summary Mr. Chandra brings 26yearsof experience in geotechnical services from the early planning, site investigation, laboratory testing, data analysis, report preparation through grading and construction of various types of civil facilities, including residential and commercial developments, transportation, governmental and utility projects During this time, he has managed a wide range of projects including large-scale design -build projects, with varying geologic conditions and constraints, and has proven skills in scheduling, budgeting, and managing complex projects. Mr.Chandra's areas of expertise include foundation design, soil reinforcement, slope stability analysis, finite element analysis, and computer applications in geotechnical engineering. His extensive experience in design and application of geosynthetics reinforcements in geotechnical engineering, including oversteepened slopes, pavement subgrade stabilization, and segmental retaining walls has proven an asset on a variety of projects. He is familiar with various field monitoring equipment, such as inclinometer for slope monitoring, manometer level survey, and settlement plate. Project Experience Legacy at Jamboree, Irvine, CA.Project Manager responsible for geotechnical services from planning stages through construction. Mr. Chandra first provided a due diligence -level geotechnical study to evaluate feasibility of the project and develop preliminary design recommendations. As design elements were refined, he subsequently managed an additional subsurface exploration consisting of hollow -stem borings and CPT soundings to evaluate the subsurface conditions with respect to the proposed project and to provide geotechnical recommendations for design and construction. This mixed-use project consists of four- to five -story buildings, with retail and a parking structure five stories above grade with one subterranean level. Located adjacent to an existing flood control channel, the site had been a low-rise commercial development prior to demolition. Columbus Grove and Columbus Square, Irvine, CA. Project Engineer during concurrent preliminary geotechnical investigations for the three parcels totaling approximately 150 acres. Report provided the planning team the needed site-specific subsurface conditions, potential geotechnical issues, and pertinent information from which site grading options and quantities were evaluated. Geotechnical issues included liquefaction, shallow groundwater and expansive soils. Recommendations in the report were based on the planned improvements. The development straddles the cities of Irvine and Tustin, which required close coordination for approvals. This residential development is part of the Tustin MCAS re -use. i1 o �, 13q— Leighton Consulting, Inc. DJAN CHANDRA, PE, GE Lions Field, Fullerton, CA. Project Manager for geotechnical feasibility study for the earth retaining structures planned in conjunction with renovation of Lions Field_ Several alternate earth retention systems were evaluated at each proposed wall location and preliminary geotechnical design recommendations and construction considerations for the various alternatives of earth retention systems were provided based on the subsurface soils conditions and proposed grading. • Java Lanes Fault and Geotechnical Investigation, Long Beach, CA.Project Engineer for fault and geotechnical investigation for a proposed multi -family residential development. The investigation included trenching across a splay of the Northeast Flank fault of the Newport -Inglewood Fault Zone, and five hollow - stem auger borings to depths ranging from 31.5 to 51.5 feet. The site is located within a State delineated Earthquake Hazard Zone and an abandoned oil field. Fossils of a 220,000 year-old camel were discovered in one of the fault trenches allowing Leighton to demonstrate that this splay of the Northeast Flank fault was not active and no structural setback from the fault was necessary. Leighton also provided geotechnicaIrecommendations for grading of the site and design of the proposed structures. Avalon Anaheim Stadium, Anaheim, California. Project Manager for geotechnical investigation, seismic hazard study, and construction services. The multi -building apartment complex ha four-story buildings over one at -grade and one subterranean level parking structure. Heritage Fields, Irvine, CA. Project Principal Engineer for independent geotechnical investigations to provide recommendations for the proposed developments and to work closely with the governing agencies for the Park District, the Transit Oriented Development District and portions of the Lifelong Learning District. Stadium Lofts, Anaheim, CA. Project Manager both geotechnical observation and testing, and construction materials testing and inspection services. The geotechnical observation included remedial grading, subgrade preparation, trench backfill, and building footing excavations. Scheduling of field personnel during construction of the surrounding street improvements, required night shifts to accommodate activities at the adjacent Angel Stadium. Woodbury, Irvine, CA. Project Manager / Engineer for the feasibility study, investigation and 40 -scale grading plan review, and during grading. Developed proposal and scope that included small -diameter borings and test pits to evaluate the sub -surface soils and potential removal depths. During the field activities, Mr. Chandra coordinated drilling activities with the agricultural lessee to reduce the impact on operations. Supervised field team during in -grading observation and testing, including building pads, infrastructure, roads, and entry gateways. Northwood, Irvine, CA. Project Manager / Engineer for the feasibility study, investigation and 40 -scale grading plan review, through rough grading. Desmond Tower Residential Development, Los Angeles, CA.Geotechnical Engineer for proposed seven - story residential building over two levels of subterranean parking. Recommendations were provided for mitigation of groundwater which was encountered at approximately 20 feet below the existing grade and the historic high groundwater at the site is approximately 10 feet below ground surface. 91 Spanish Hills Golf and Country Club Development, Camarillo, CA. Geotechnical engineering analyses of the 430 -acre site. Responsible for the geotechnical engineering analyses of this development, which involved over 18 million cubic yards of both planned and remedial grading of a hill with complex landslide and faulting systems. The engineering work included extensive slope stability analyses, shear key and geogrid reinforcement design, pavement design, finite element analysis of geogrid reinforced slopes on compressible foundation, settlement analysis, installation of settlement plates, settlement monuments, and use of inclinometers to monitor field performance. Involved interpretation of field monitoring and laboratory test results. W. (/1O Leighton Consulting. Inc Environmental Assessment Specialists Office (928) 277-1208 Fax (818) 583-1759 www.EASenviro.com Jeffrey Randle R.E.A. Senior Project Manager EDUCATION 1999 Bachelors of Arts, Geography, University of California Los Angeles REGISTRATIONS / CERTIFICATIONS / LICENSES Registered Environmental Assessor, California, REA 107736 10/2006 Completion of ASTM Training Course Phase I Site Assessments for Commerical Real Estate 8 -Hour Supervisory Hazardous Substances/Waste Health and Safety Training Certification First Aid and CPR Training EXPERIENCE Over the past 10 years, Mr. Randle has served as a senior project manager of environmental compliance for the construction of over 2,000 facilities throughout California, Arizona, Utah, and Hawaii. Responsible for the organization of environmental hazardous assessments and geotechnical investigations. Responsible for corporate cormnunications between both clients and subconsultants. Over 3,000 Transaction Screens and Phase I and Phase II Investigations. Typical sites investigated included industrial and manufacturing facilities, residential complexes, commercial/retail centers, electrical transmission substations, churches, office buildings, dry cleaners, gasoline stations, railway stations, storage facilities, banks, and telecom sites. Agricultural Properties. Senior project manager of environmental compliance at numerous agricultural properties throughout Colorado and Utah, many over four hundred acres in size. Responsible for timely organization of environmental hazardous assessments and geotechnical investigations. Solid Waste Landfill, Boise Idaho. Discovered contaminated plume from a former onsite hazardous waste dumping and storage area that was directly upgradient from an area to be developed. Responsible for designing a sampling and remedial excavation program. Site Remediation, Commercial Property, Boise Idaho. Assessed the present and past storage and disposal of hazardous materials at numerous automotive repair facilities throughout Idaho and Utah. Evaluated the on-site hazardous materials uses and recommended appropriate corrective action for hazardous materials storage. Assessed the potential affects of releases of hazardous materials from adjoining sites into the subsurface soil and groundwater. Scott Patton, PE, QSD, QSP,is an Associate Project Engineer at Rick Engineering Company. He has a B.S. in Civil Engineering from the University of Nevada, Las Vegas, is a registered Professional Civil Engineer (#77481) in California, and is Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP). Mr. Patton has over 14 years of experience and has served as a lead design and project engineer for water quality,transportation, and land development projects. His work experience includes the design and preparation of project plans, specifications and estimates (PS&E). Project task includes grading, earthwork, utilities, streets, drainage facilities and quantities and cost estimates. He has coordinated, prepared and submitted drainage study reports and water quality management plans (WQMP) for a variety of projects such as roadway improvements, residential subdivisions and commercial developments. He is experienced in conducting hydrologic and hydraulic analysis and designing drainage facilities such as inlets, storm drains and channels to mitigate storm water runoff flows. Mr. Patton is familiar with design standards relating to drainage design, water quality, and street, highway and interchange designs. Brian Stephenson, PE, TE, PTOE is an Associate at Rick Engineering Company. He has a B.S. in Civil Engineering from the University of New York at Buffalo. Mr. Stephenson is a Registered Traffic Engineer (#2419) and Professional Traffic Operations Engineer (#2169) in California, and he is a Registered Civil Engineer in California (#69471), Arizona (#42520), New York (#080635), and Colorado (#0048708). He manages a team that provides a variety of traffic engineering services, including the preparation and review of traffic impact studies, signal plans, signing and striping plans, optimized network timing plans, accident analysis, and traffic control plans. With over 14 years of experience, Mr. Stephenson is well - versed with municipal traffic engineering and currently serves the City of Murrieta as the City's Consultant Traffic Engineer. 1 Swilh Poin(c I )ri%v, Smic 2 - i • I .ikr I owr (, r ,ilOwnia 426 M • f 4.1'11 588-07117 • I AV ('149) 588-117514 • ri( kvii); n orillg i om ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD DENVER PHOENIX TUCSON —1,12- First(,di bon (?I 1, i It)t�;� www.firstcarbonsoIutions.com ^IQ�5— 25 /�C+C�RL74 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, -1012812014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME' Dealey, Renton & Associates PHONE FAX 9= NC Nol, P. O. Box 10550 EMAIL. Santa Ana CA 92711-0550 ADDRESS: _ MED EXP (Any one person) $10,000 INSURERS) AFFORDING COVERAGE NAIC # INSURER A : r V 51-4 INSURER B:TraVelers Indemnity Co. of Connecb 5682 INSURED INSURER c_:TraVeJers Casualty & Surety Co. Ame 31194_ FCS International, Inc. '.X Contractual 220 Commerce Center, Suite 200 Irvine CA 92602 INSURER D: INSURER E - _ Liability INSURER F : COVERAGES CERTIFICATE NUMBER: 553512704 REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 3R TYPE OF INSURANCE 917 POLICY NUMBER POLICY EFF POLICY EXPLIMITS F GENERAL LIABILITY 36060831-204 1/1/2014 1/1/2015 EACH OCCURRENCE $1,000,000 ' COMMERCIAL GENERAL LIABILITY DAMAGE %O nce $1,000,000 PREMISES Ea occurrence) S c _ MED EXP (Any one person) $10,000 CLAIMS -MADE � X OCCUR _ PERSONAL & ADV INJURY $1,000,000 '.X Contractual _ Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 _ POLICY x PRO -LOC $ A AUTOMOBILE LIABILITY BA60781_716 1/1/2014 1/112015aull,1 t S1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED ,AUTOS AUTOS BODILY INJURY (Per accident). $ NON -OWNED X HIRED AUTOS Ix AUTOS PROPERTY DAMAGE Per accident)$ A X UMBRELLALIABX OCCUR CUP3650T562 "1/1/2014 1/1/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION JB1427T762 1/1/2014 1/1/2015 X wcSTATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E. L EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA E L DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $1,000,000 C Professional Liability `106035066 1/1/2014 1/1/2015 Per Claim $2,000,000 Claims Made Annual Aggr $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) General Liability policy excludes claims arising out of the performance of professional services. C;tklll-IUAIt MULUtH L.HN4_tLLAIIUN5U L1aw IU L1av IVOilce 10r IVOi1-h'aVrTlel'11 Evidence of Insurance only .CA. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESE,NTT,ArTI�V/E�, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I,41' FirstCarbon www.firstcarbonsoIutions.corn --I��� 27 PRICING PROPOSAL FORM RFP NO. 15-012 Initial Study/Mitigated Negative Declaration Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.g_ov.) Employee Hourly Rate Hours worked Total Cost Overtime rate See Attached $ $ Please see Proposal Pricing Form Attachment for annual pricing Total Estimated Annual Price $ 39 -1-1ALJ- Pricing Proposal Form Attachment Employee Hourly Rate Hours Worked Total Cost Overtime Rate Mike Houlihan 180 40 7,200 N/A Christine Donoghue 160 50 8.000 N/A Shawn Nevill 130 68 8,840 N/A Liz Westmoreland 60 95 5.700 N/A Elena Nuno 140 30 4,200 N/A Phil Ault 140 33 4.620 N/A Scott Crawford 180 6 1,080 N/A Coral E inton 95 15 1,425 N/A Brian Stephenson Rick Engineering) 175 12 2,100 N/A Scott Patton Rick Engineering) 140 15 2,100 N/A D"an Chandra (Leighton Consultin 225 23 5,175 N/A Jeffrey Randle EAS 110 20 2,200 N/A Total Estimated Annual Price (Includes Labor, Direct Costs, and Contingency): $59,929 -1-19- ¢oyt" bF� REQUEST FOR PROPOSAL RFP NO. 15-012 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VENDOR APPLICATION FORM TYPE OF APPLICANT: p NEW M CURRENT VENDOR ii Legal Contractual Name of Corporation: _ECS ��t��r+ �o ua 1 + Contact Person for Agreement: _ Fravl - cod IK Corporate Mailing Address: 'ZSO CQtrvlwtP.�rc,c City, State and Zip Code; _ �I ice[ CA. 'lyfoz E-MailAddress: Phone: Fax: _414-50$ _ q�IG Contact Person for Proposals: �1C`&A CQ Title: 1)"CgLr _ _ E -Mail Address: v $ — ir��� • C 0 w� Business Telephone: µ} • 50$ • y 10 0 Business Fax: Is your business: (check one) ❑ NONPROFIT CORPORATION [g FOR PROFIT CORPORATION Is your business: (check one) ® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 14 191.1 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone CE0 -41q--�L)$- g100 C�Irp 1 vim GSIq UGfca �r 7 Federal Tax Identification Number: City of Costa Mesa Business License Number: e PO �-Iq-So10 '4 14- So 'ytCC) q5-3qozz$q (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: IS Iqq� EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning the CONTRACTOR Services RFP at any time after January 15, 2015 SIG ATURE DATE [I" 1 certify that Proposer or Proposer's representatives have communicated after January 15, 2015 with a City Councilmember concerning RFP NO. 15-012 Initial Study/Mitigated Negative Declaration Services. A copy of all such communications is attached to this form for public distribution. SIGNATURE DATE 37 -- ISO -- DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 41 DISCLOSURE OF GOVERNMENT POSITIONS Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." 43 - 1 S Z ,� IS�� EXHIBIT C FEE SCHEDULE TASK FEES Professional Labor Task 1— Project Initiation $975 Task 2 — Project Description 2,365 Task 3 — Prepare 1st and 2nd Screencheck IS/MND 21,235 Task 4 — Prepare Proofcheck Draft IS/MND 3,600 2,520 Task 5 —Circulation of Draft IS/MND Task 6 — Prepare Responses to Comments 5,760 Task 7 — Prepare Mitigation Monitoring Program 700 Task 8 — Meeting Attendance 3,910 41,065 Subtotal Professional Labor Direct Casts Hazardous Materials Assessment (EAS, Inc.) $2,200 Hydrology/Water Quality Peer Review (Dick Engineering) 2,100 Traffic Peer Review (Rick Engineering) 2,100 Geotechnical Constraints Analysis (Leighton and Associates) 5,175 Reprographics/Document Production 2,310 Mileage, Delivery, Postage 670 Administrative Fee (10 percent) 1,455 Total Direct Costs 16,010 FCS Estimated Fees 57,075 Contingency (5X) 2,853 FCS Professional Fee Not to Exceed $59,929 EXHIBIT D PROJECT SCHEDULE • Execution of PSA (City Council Approval Req.) March 2015 • Kick -Off Meeting March 2015 • Screen check Draft Due to City for Review May 2015 • Draft IS/MND Circulation July 2015 ■ Response to Comments July 2015 • Public Hearing(s) August 2015 -- 1 ss EXHIBIT E CERTIFICATES OF INSURANCE -15(0- cc�►e� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/1111) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1213012014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: IDealey, Renton & Associates PHONE FAX A/C No): IP. O. Box 10550 fidNA1L Santa Ana CA 92711-0550 ADDRESS. INSURERS AFFORDING COVERAGE NAIC # PERSONAL & ADV INJURY $1,000,000 INSURER A:T[aVejerS Property CasualtY Co of A 25674 INSURERB:TrayQJers Inde ]n)ty Co of CQ[) INSURED FCS International, Inc. INSURERC: VIt'r G3SLa)ty & Suj?y�Q��fp31194 220 Commerce Center, Suite 200 Liability Irvine CA 92602 INSURER D: INSURER E t _ INSURER F: COVERAGES CERTIFICATE NUMBER: 15,1654143 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADOL POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER_ D M/DD B GENERAL LIABILITY ,X Y 58060631-204 '1/1/2015 1/1/2016 EACH OCCURRENCE $1,000,000 L—COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR DAMAGETU ELATED PgEMISES currence $1,000.000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X Contractual GENERAL AGGREGATE $2,000,000 Liability PRODUCTS - COMP/OP AGG $2,000.000 GEN'L AGGREGATE LIMIT APPLIES. PER: Deductible $None POLICYFX P Loc I I B AUTOMOBILE LIABILITY BA6078L716 '1/1/2015 1/1/2016 accident TN13LF= LMT $1-000.000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED X HIRED AUTOS X AUTOS Deductible None $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE ' $ DED RETENTION $ I q WORKERS COMPENSATION IUB1427T762 1/1/2015 1/1/2016 X WC TORY IIA41 R AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE❑ E,L EACH ACCIDENT $1,000 .000 OFFICER/MEMBER EXCLUDED? NIA E,L DISEASE - EA EMPLOYE $1.000.000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I I I E,L DISEASE - POLICY LIMIT 1 $1,000,000 IC Professional Liability 106035068 "1/1/2015 1/1/2016 Per Claim $2,000,000 Claims Made Annual Aggr $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) General Liability policy excludes claims arising out of the performance of professional services. Re: All Operations as pertains to named insured. 'The City of Costa Mesa is Additional Insured as respects to General Liability coverage as required by written contract. I'a LOY-11111111:11111; LGIIIIIIIIJ:11 IIIIII, IiIha01WG\ILei 0F1ell.RMIlMAYA \ Loll Iota fel AffeldM&IM"r411� City of Costa Mesa Attn: Silvia Kennerson 77 Fair Drive Costa Mesa CA 92626 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I all - COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d, This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a 'contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 08 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. EXHIBIT F CITY COUNCIL POLICY 100-5 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; —10— SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 b. Establishing a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. Cl T Y COUNCIL A GENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: CC -8 SUBJECT: RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2015 ORANGE COUNTY MARATHON DATE: FEBRUARY 19, 2015 FROM: DEPARTMENT OF PUBLIC SERVICES - TRANSPORTATION SERVICES DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION RAJA SETHURAMAN, MANAGER, TRANSPORTATION SERVICES CONTACT: DIVISION, (714) 754-5343 RECOMMENDATION: Adopt the Resolution (Attachment 1) designating event routes for the 2015 Orange County (OC) Marathon and approve the temporary street closures (Attachment 1, Exhibit B) for May 3, 2015, as requested for the 2015 OC Marathon. BACKGROUND: A Special Event Permit application was submitted to the City on November 10, 2014 (Attachment 2) requesting permission to close certain streets to conduct the May 3, 2015 OC Marathon. The application is currently being reviewed by the City's Special Event Committee, comprised of representatives from various City departments. This is the seventh year the City of Costa Mesa participates in the OC Marathon, which has been an annual event in the Orange County area since 2004. Similar to the previous marathons, the proposed route for the 2015 OC Marathon begins at Fashion Island, in the City of Newport Beach, and finishes at the Orange County Fair and Event Center in Costa Mesa. The OC Marathon event is comprised of three (3) sub -events: 1. Full Marathon (26.32 miles) 2. Half -Marathon (13.27 miles) 3. 5K Fun Run/Walk (3.1 miles) The routes within Costa Mesa for the 2015 full and half -marathon events are shown on Attachments 3 and 4, respectively. A map depicting the route for the 2015 5K Fun Run/Walk is shown in Attachment 5. There are no changes to the proposed routes for the above events from the 2014 OC Marathon. Within Costa Mesa, the streets affected by the Full Marathon include portions of Santa Ana Avenue, Bristol Street, Red Hill Avenue, Main Street, Sunflower Avenue, Anton Boulevard, Avenue of the Arts, Bear Street, Gisler Avenue, Country Club Drive, Mesa Verde Drive West, Adams Avenue, Placentia Avenue, Oriole Drive, Canary Drive, Tanager Drive, Golf Course Drive, Harbor Boulevard, Merrimac Way, and Fairview Road. The affected streets for the Half - Marathon include portions of Santa Ana Avenue, Mesa Drive, and Newport Boulevard Southbound Frontage Road. The affected streets for the 5K Fun Run/Walk are Arlington Drive, Fairview Road, Merrimac Way, and Newport Boulevard Southbound Frontage Road. The Full Marathon event is proposed to start in the City of Newport Beach at 5:30 a.m. Street closures will occur as runners progress along the route. For the Full Marathon, street closures in Costa Mesa would begin at approximately 6:00 a.m. and the last affected road segments would reopen no later than 1:00 p.m. The Half -Marathon event is proposed to start in the City of Newport Beach at 6:15 a.m. The staggered start time between full and half -marathons is expected to result in a smoother start for both events. For the Half -Marathon event, street closures in Costa Mesa begin at 7:00 a.m. and the last affected road segments reopen no later than 10:30 a.m. The 5K Fun Run/Walk will begin and end at the Orange County Fair and Event Center. For the 5K Fun Run/Walk, street closures will begin at 7:00 a.m. and the last affected road segment will reopen no later than 8:00 a.m. Since the proposed routes for all three (3) events are not among the three (3) previously -approved Special Event street areas in the currently approved resolution (Attachment 6), City Council approval is required for these new street closures. ANALYSIS: Prior years' marathon events have enjoyed success due to the efforts of organizers, as well as City staff. Similar to prior Marathon events, the organizers will be required to conduct an extensive outreach to churches and businesses that are open during the time of the street closures and detours. In addition, residential areas affected by closures will be notified in advance. On the event day of the 2014 OC Marathon, five (5) Police management personnel, 56 sworn officers, 20 civilian officers, and 90 explorers (from Costa Mesa and other agencies) provided support for the event. The Fire Department had 10 personnel stationed at the Emergency Medical Services (EMS) tent for the event. As a result of close coordination between various City departments and event organizers, and implementation of traffic control, impacts on many residential and commercial areas as well as arterial streets have been minimized. Street Closures: A number of minor residential and major arterial streets will require full closure, while some other streets will require either half -closure (one direction), or partial closure (only the closure of one or two lanes in one direction). In order to minimize impacts to the public, the closure of streets will be phased to occur as the fastest runners approach, and will be reopened as the last of the runners and the official sweep vehicle passes by. The fastest marathon runners are expected to finish in approximately two hours and 20 minutes. The overall length of time for the slowest runners of the marathon with traffic control will be limited to a maximum of seven hours. The marathon begins at 5:30 a.m.; therefore, the last runner permitted on the course with traffic control would finish no later than 12:30 p.m. A sweep vehicle will circulate through the course in time with the slowest paced runner to ensure the course is clear and that streets can be reopened as soon as possible. Attachment 7 presents a brief summary of the arterials affected by the proposed full marathon, half - marathon, and 5K Fun Run/Walk routes through Costa Mesa. The Mesa Verde Community, Inc. Board and the Mesa Verde Country Club will again be notified of the event and the street closures. Additional information to assist the patrons of the Mesa Verde Country Club and to navigate the proposed closures will be provided to the Mesa Verde Country Club as the event date approaches. 2 Impacts to traffic flow will occur at various intersections as marathon participants move along the route, beginning as early as 6:30 a.m. and ending at approximately 1:00 p.m. Attachment 8 identifies the major intersections where traffic detours are necessary to provide for the safety of runners while crossing intersections. As shown in the attachment, traffic control on Harbor Boulevard and Fairview Road will be conducted as "soft closures," whereby vehicles will be allowed through as gaps in runners permit. Adams Avenue will be subject to full closure for approximately two hours followed by soft closures for up to four hours. Advance warning signs will be positioned to advise drivers of possible delays during this time. Traffic control will be actively managed by Costa Mesa Police Officers, allowing traffic to pass though the closed area as much as possible. With the proposed closure of the Adams Avenue at Placentia Avenue/Mesa Verde Drive West intersection, there will be coordination with City of Huntington Beach staff for the placement of advance warning signs within their City limits to minimize congestion and delays. Staff has also reviewed planned street improvement projects within the City for any conflicts with the 2015 OC Marathon and confirms that no projects are scheduled on streets that would impact the proposed route for this event. Close monitoring of project schedules will continue as the date of the marathon approaches. Traffic Control: OC Marathon representatives estimate up to 12,000 participants and approximately 12,000 spectators along the 26 -mile route. Due to the large scale of the event and the magnitude of street closures, lane closures, and detours, the Transportation Services Division will require that the applicant be responsible for preparation and submittal of detailed traffic control plans prepared by a Registered Traffic Engineer. Additionally, the applicant will be responsible for furnishing all traffic control devices such as cones, signs, and barricades required for the event. The overall traffic control at intersections and driveways will be directed by Costa Mesa Police Department Officers and Explorers. The Police Department will staff this event similarly to prior year events making any necessary adjustments based on actual field conditions. Since the OC Marathon is being held on a Sunday, it will not affect weekday peak rush-hour traffic. Therefore, during the hours in which the event occurs in Costa Mesa, it is expected to have a lesser impact on traffic flow. With traffic control at all locations monitored and managed by the City's Police Department, emergency access to all properties is assured at all times. Fire Department personnel on the Special Event Committee are involved in reviewing the Special Event Permit application and will include any necessary conditions and implement appropriate measures to ensure emergency response is not adversely affected. Public Information: The applicant will be conditioned to provide written notification prior to the event to all property owners and tenants affected by the street closures. Some samples of correspondence are included with the Special Event application (Attachment 2). The applicant is engaged in discussion with private property owners in the Theater and Arts District and South Coast Plaza area, as well as the Orange County Fair and Event Center, for approval to utilize those properties for the event and, based on those discussions, anticipates their approval. Similar to prior years, staff will work with the applicant to identify and be certain that all properties directly affected by the event receive adequate notice of the time and period of closure, as well as proper detour information. Additionally, as part of the traffic control requirements, Public Services Department staff will require the placement of changeable message signs at key locations in advance of the event to give adequate notice of the planned street closures. 3 OC Market Place: In previous years, the traffic restrictions on Fairview Road, southbound Newport Boulevard Frontage Road, and Harbor Boulevard created long delays to visitors to the OC Market Place. The OC Fair and Event Center cancelled the OC Market Place on Sunday of the prior OC Marathon events. This eliminated a major traffic issue that was experienced by the OC Market Place vendors and visitors alike. For the 2015 OC Marathon event, the OC Market Place is expected to be closed for the entire weekend. The cancellation of the OC Market Place for the 2015 event will reduce the amount of traffic on those roadways and will result in significantly fewer impacts. Parking for the OC Marathon event will be significantly improved due to the cancellation of the OC Market Place. Areas of Improvement: After the 2014 marathon, staff and event organizers reviewed the overall event and recommended certain improvements and modifications for future events. The following are some of the observations and areas for improvement identified in earlier events and continue to apply for the 2015 OC Marathon event: • Event start times should be maintained as close to schedule as possible. • Field -review all water stations and band locations, particularly near residential areas. • No music or loud noises near residential areas until after 8:00 a.m. • Address traffic issues related to vehicles exiting the Fairgrounds parking lot onto Fair Drive. • Improve course signage for all events. ALTERNATIVES CONSIDERED: One alternative would be not to approve the requested route as submitted and direct the applicant to revise the route to use other streets. This alternative, however, would not be preferred by the organizations as it will potentially have significant impacts on the planned event. The City Council may also choose not to approve the resolution and the requested street closures. This may result in cancellation of the 2015 OC Marathon. FISCAL REVIEW: The applicant will reimburse the City for the cost of Police and Fire support during the event per the Special Event application. LEGAL REVIEW: As part of the Special Event Permit application, the applicant will be required to provide the City with indemnity and insurance per the City's requirements. The City Attorney has reviewed and approved the attached resolution as to form. CONCLUSION: A Special Event Permit application has been submitted to the City requesting closure of certain streets on May 3, 2015, to conduct the 2015 OC Marathon. Staff requests City Council's approval to close the identified streets for this event. In addition, staff requests adoption of the Resolution designating the event routes in compliance with Costa Mesa Municipal Code, Section 9-208.9. 4 ERNESTO MUNOZ Public Services Director ATTACHMENTS: 1 - Resolution RAJA SETHURAMAN Transportation Services Manager 2- Special Event Permit Application 3- Full Marathon Route Map 4- Half -Marathon Route Map 5- 5K Fun Run/Walk Route Map 6- Approved Resolution Identifying Special Event Street Closure 7- Affected Streets 8- Malor Intersections Affected DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Police Chief Fire Chief City Clerk Division Special Events Police Officer Christopher Brunt Telecommunications Maintenance Services Manager Kathy Kramer, CEO, Orange County Fair & Event Center 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING THE EVENT ROUTE AND STREET CLOSURES FOR THE 2015 ORANGE COUNTY MARATHON. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, because of the impact that special events have on City streets and traffic when a full or partial street closure is required for such a special event, the City Council of the City of Costa Mesa finds that it is crucial that any such routes be thoroughly reviewed and analyzed to enable careful planning of such special events in order to minimize impacts to the general public where such street closures are permitted; and WHEREAS, in accordance with Section 9-208.9, Event Routes, after thorough review, analysis, and planning the City Council does hereby establish the following route and necessary full and partial street closures for the 2015 Orange County Marathon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA that the 2015 Orange County Marathon event route is hereby established as shown by the map attached hereto as Exhibit "A" and the list of affected streets as listed on Exhibit "B." Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 3rd day of March, 2015. Stephen M. Mensinger, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas P. 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 the above and foregoing is the original of Resolution No. 15- and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of March, 2015, 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 _t" day of March, 2015. BRENDA GREEN, CITY CLERK (SEAL) y AV a ir 7 0 - y o. f.- �L$ 4 s Mr31rY Si QS '11 N 5 ttr1811 gId 3fi � rr; F W N U Q Z '1 Slip/ 3H1 d0 AV a ir 7 0 - y o. 0 •y �, S Br�rol 3t� � ti,isiul S Fir�sic! a� 4� atl38 J - ultla LL tlwosnj 0z3"_L z �Q2 0 LLy Oar U �� Z Z o �_Q � JCI e Q a H rn rA o U eve St L Faimv Rd a) Fairvim Rd �1 'r Cit Harhnr Blvd ' Harhor 94vd LL e. OQ " � fA � --Ill" '. -�u•r a. LL - LU 000. d N -j 41, .E ET VIVV V I& 1 IBJ .�� V Jt� p L�GG-+-•�-J d _ Brvo%1'Rll tt _ OR � 77— � b- - - 9 m I _- s Hal r� m i 1 � 1'b 07 .�- P� is �v O a� W m O~ LL O w a W W Z Z W L > G: E L+ a ry D� m C t' a '}r al Is.ri m m get v60 i s LL 1✓f FaIIV1Bw Rd - L. Harbor � --&J'Or F,t O 7 i El 3 w" wZ Z _ I I 11TfVj,CII EXHIBIT A ��p,IFORIy�gh F�P`0 i "Al �. o�S; Exhibit B FULL MARATHON - AFFECTED STREETS ON ROUTE STREET FROM TO CLOSURE TYPE SIDE OF STREET Santa Ana Avenue Del Mar Avenue Mesa Drive Half East Santa Ana Avenue Mesa Drive Bristol Street Half West Red Hill Avenue Bristol Street Main Street Half West Main Street Red Hill Avenue Sunflower Avenue Half South/West Sunflower Avenue Main Street Avenue Of Arts Partial South Anton Boulevard Sunflower Avenue Enclave Driveway Full --- Avenue Of Arts Sunflower Avenue Town Center Drive Full --- Bear Street South Coast Plaza Sunflower Avenue Partial East Sunflower Avenue Bear Street Raitt Street Partial North Gisler Avenue Santa Ana River Country Club Drive Partial South Country Club Drive Gisler Avenue Mesa Verde Dr. W Partial West Mesa Verde Dr. W Country Club Drive Adams Avenue Partial South/East Placentia Avenue Adams Avenue Oriole Drive Partial East Oriole Drive Placentia Avenue Canary Drive Partial South Canary Drive Oriole Drive Tanager Drive Partial South Tanager Drive Canary Drive Golf Course Drive Partial South Merrimac Way Harbor Boulevard Fairview Road Full South Fairview Road Merrimac Way Fair Drive Partial East HALF MARATHON - AFFECTED STREETS ON ROUTE STREET FROM TO CLOSURE TYPE SIDE OF STREET Santa Ana Avenue Del Mar Avenue Mesa Drive Half East Mesa Drive Santa Ana Avenue Newport Boulevard Half North SB Newport Frontage Mesa Drive Fair Drive Full --- 5K FUN RUN/WALK - AFFECTED STREETS ON ROUTE STREET FROM TO CLOSURE TYPE SIDE OF STREET Fairview Road Fair Drive Adams Avenue Full --- Merrimac Way Fairview Road 500' E/O Harbor Bl. Full --- Arlington Drive Fairview Road Newport Boulevard Full South SB Newport Frontage Arlington Drive Mesa Drive Partial --- Exhibit B ATTACHMENT 2 Marathon I Half -Marathon I 5K I Kids Run the OC November 10, 2014 City of Costa Mesa PO Box 1200 Costa Mesa, CA 92628 RE: The OC Marathon - Sunday, May 3, 2015 Enclosed please find the 2015 OC Marathon permit application for the City of Costa Mesa. In regards to the Special Event Permit Application checklist, please note the following: Enclosed Documents • Permit application is enclosed • Permit fee is enclosed • Indemnification Agreement is enclosed • Waiver & Release of Liability is enclosed • Course Route Maps - Full Marathon, Half Marathon, 5k • Mile Marker locations • Turn -by -Turn Route Overview -- includes street closures and reopening times and lead runner times • Sample Resident/Business Notification (2014 sample enclosed, 2015 will be forwarded) • Waste Management Plan • Water Station locations in the City of Costa Mesa - images include layout of water stations. Water Stations that include medical aid are indicated by a red cross - those locations will include a 10x10 pop-up tent. Each Water Station will be accompanied by portable restrooms. Documents to be forwarded: • USATF Insurance • General Liability Insurance Certificate and Endorsement will be forwarded upon receipt • Course Entertainment • Business License Number, Issuance and Expiration date will be forwarded upon receipt. A copy of our application is enclosed • Event Shuttle Route will be forwarded upon completion • Traffic Control Plan - 2015 plans will be submitted by JCL Barricade Company • Layout of Course and Finish Line Festival at OC Fair and Event Center Traffic Notifications • Resident/Business Notification - The OC Marathon will have notification delivered to residence and business addresses within 1/4 mile of the course route. Trash Removal • Course - Each volunteer Water Station is supervised by a Water Station Captain and instructed to manage the breakdown and clean-up of the aid stations, bagging all trash and leftover supplies. There are multiple event vehicles designated to follow the last runner; these vehicles are responsible for the clean-up of all course supplies, signage and trash, Thank you, Gary itsc e The OCat ion ►` ✓ OC Maraxhon LLC 4SOO Carrapus Drive, Suite 570 Inspire lrlS to Fitness er Newport Beach, CA 92660 ALL APPLICATIONS MUST BE ACCOMPANIED BY SITE PLANS AND VICINITY MAPS Please complete the following application regarding the event you are proposing: 11-10-14 I APPLICANT'S NAME: (LAST) (FIRST) (MIDDLE) TELEPHONE NUMBER: The OC Marathon If 949 222-0456 APPLICANT'S ADDRESS: CITY: STATE: ZIP CODE: 4500 Campus Drive Suite 570 Newport Beach ICA 192660 RESPONSIBLE PERSON: (LAST) (FIRST) (MIDDLE) TELEPHONE NUMBER: Kutscher, Gary 949 222,0456 FULL TRUE NAME OF BUSINESS CONDUCTING/HOSTING EVENT TELEPHONE NUMBER: The OC Marathon LLC 949 222-0456 BUSINESS ADDRESS CITY: STATE: ZIP CODE: 4500 Campus Drive, Suite 570 Newport Beach ICA 192660 ADDRESS OF EVENT: UNIT NUMBER: OC Fair and Event Center and City Streets APPROVED BUILDING USE: TYPE OF STRUCTURE: --l-Building OC Fair and Event Center TYPE OF EVENT: Road/Race/Run/Walk EVENT START DATE: EVENT START TIME: EVENT END DATE: EVENT END TIME: 05 / 03 / 15 5:30 am 05 / 03 / 15 a,• DO P SET UP START TIME: SET UP END TIME: TEAR DOWN START TIME: TEAR DOWN END TIME:' TOTAL TIME OF EVENT: !- Hours 1. TYPE OF EVENT: Full Marathon/Half Marathon/ 5K/ Kids Run 2. DESCRIBE PLANNED ACTIVITIES: Run/ Walk Road Race occupying various city streets and the OC Fair and event center property. Expo and Festival will also take pface, on OC Fair Property. --- 3. ESTIMATED # OF PERSONS AT EVENT: 4. ESTIMATED # OF VEHICLES AT EVENT: 5. ESTIMATED # OF PARKING SPACES REQUIRED: 12000 Participants /12000 Spectators 8000 8000 6. LOCATION OF EVENT: various city streets, finish line, festival and expo at the OC Fair and Event Center (see attached map) 7. WILL ALL OR A PORTION OF THE EVENT OCCUR ON PRIVATE PROPERTY WITHIN THE CITY OF COSTA MESA? ® YES ❑ NO. IF YES, WHERE? OC Fair and Event Center, OC PAC, South Coast Plaza 8. HAVE YOU OBTAINED WRITTEN APPROVAL FROM THE OWNERS FOR THE U5E of THE PI4oPERTY FOR THE EVENT? YES ❑ NO If YES, attach a copy of the written approval to your application. If NO, you must file written approval with the Costa Mesa Police Department before a Special Event Permit will be issued. Please write your name, date of the event, and the Special Event A{aplicatlon number on the written a roval. 9. WILL THERE BE ANY WATER "AID" STATIONS DISPENSING OF BEVERAGES IN DISPOSABLE CUPS? M YES N0. IF YES, WHERE? See Attached 10. WILL FOOD OR ALCOHOLIC BEVERAGES' BE SEED OR SOLD AT THE EVENT? YES N RVO. IF YES, DESCRIBE: Yes, controlled by Ovations at OC Fair and Event Center "Note: ,Alcohol is prohibited on City propertyexcept for inside at the Neighborhood Community Center 11. HAVE YOU OBTAINED A PERMIT FOR THE SALE OF FOOD OR ALCOHOL? Ll YES Ej NO IF YES, WHAT GOVERNMENTAL AGENCIES ISSUED PERMITS? 12. WILL ANY ANIMALS BE DISPLAYED/ EXHIBITED AT THE EVENT? YES NO. IF YES, DESCRIBE: 13. WILL ANY S i RUCTURES (i.e., tents, booths, stages) BE ERECTED AT THE EVENT? MI YES 0 NO. IF YE: Tents will be erected for medical aid stations on city streets; all other structures will be confined to OC Fair Property. . WILL FHERE BE ANY SOUND AMPLIFICATION EQUIPMENT BE AT THE EVENT? ❑ YES ® NO, IF YES, 15. WILLTHERE BE MONITORS OR SECURITY PERSONNEL AT THE EVENT? ® YES E3 NO. IF YES, DESCRIBE NUM€3ER AND DUTIES: Will assist with internal event security and crowd control (number of security tbd) all security confined to OC Fair and event property. 16. IF THERE IS GOING TO I -ANY MERCHANDISE SALES AT YOUR EVENT, HAVE YOU OBTAINED A CITY OF COSTA MESA BUSINESS PERMIT? ® YES ❑ NO. IF YES, PLEASE PROVIDE THE DATE OF ISSUANCE AND THE LICENSE NUMBER: LICENSE #: (vendors will supply) DATE ISSUED: 1 UA1 E EXPIRED: i 1 IF YOUR EVENT WILL INVOLVE A PARADE, CYCLING EVENT, FOOT RACE, OR OTHER ACTIVITY WHICH WILL OBSTRUCT A CITY STREET OR RIGHT-OF-WAY OR REQUIRE A FULL OR PARTIAL STREET CLOSURE, PLEASE COMPLETE THE FOLLOWING SECTION. 17. ASSEMBLY TIME 18. START TIME OF EVENT: 19. ASSEMBLY LOCATION: 20. ESTIMATED DURATION OF EVENT: 21. DISBANDING LOCATION: OC Fair and Event Center 21. PRE -APPROVED ROUTE LOCATION see attached map -- -- — _ _ _. _. 22. DESCRIBE - - VEHICLES !FLOA--TS (i.e., how many size, powered_ by): n/a OF MARCHING UNITS IF APPLICABLE: n/a Please check each item that will be present at your event, and provide a brief description of each item checked "YES". ITEM YES / NC )LEASE DESCRIBE ALL ITEMS CHECKED YES: ANIMALS ❑ Y © N ALCOHOLIC BEVERAGES x❑ Y ❑ N controlled/ served and sold by OC Fair and Event Center AUTOMOBILES I TRUCKS 0 Y ❑ N Race and Event Vehicles will need course access BICYCLES / FOOT RACES Q Y ❑ N Full Marathon and Half Marathon, 5K BUILDINGS I STRUCTURES 0 Y ❑ N i0C Fair and Event Center BOOTHS /STANDS ❑ Y ❑ N OC Fair and Event Center CAMPGROUNDSIRV AREAS [:1Y E:1N CONCESSIONS x❑ Y ❑ N OC Fair and Event Center DANCEIPARTY/ CONCERT El © N some electrical via generators ELECTRICAL / PLUMBING / MECHANICAL ED Y El N EMERGENCY ACCESS REQUIRED BY [:1N access required for all emergency vehicles OC Fair and Event Center FLAMMABLE MATERIALS ❑ Y ❑x N ❑x Y ❑ N FOOD SUPPLIES I SALES ON-SITE GRADING / CONSTRUCTION ❑ Y ❑x N LIGHTING I ILLUMINATION MEDICAL !FIRST AID STATIONS ❑ Y ❑x N ❑x Y ❑ N On Course and at OC Fair and Event Center PARKING E] Y ❑ N OC Fair and Event Center and Shuttle to Start Line POLICE 1 SECURITY PROTECTION ❑ Y ❑ N Monitor Road Closures POLICE I TRAFFIC CONTROL ❑x Y ❑ N Monitor Road Closures _ Portable Restrooms on Course Directional Course Signage / OC Fair and Property city streets used for course route _. OC Fair Property and on Course Aid Stations -- City Streets used for Course Route PYROTECHNICS FIREWORKS El ❑x N RIDES - CARNIVAL I MECHANICAL El Y ❑ N SANITATION Q Y ❑ IN SIGNS I BANNERS © Y ❑ N STREET / LANE CLOSURES ❑ Y ❑ N TENTS I CANOPIES ❑x Y ❑ N CITY PROPERTY OR FACILITY USED ❑ Y ❑ N WATER SUPPLY USED OR AFFECTED EI Y ©N (13 INTERVALS OR SPACING IN FEET BETWEEN UNITS: 24. ANY PARADE ANIMALS? M YES 91 NO. IF YES, DESCRIBE: DECLARATION I, the undersigned, declare upon penalty of perjury that the above information listed within this City of Costa Mesa Special Event Permit Questionnaire AND Application is true and correct to the best of my knowledge. I further understand that knowingly providing any false information is cause for the immediate denial of a Special Event Permit, the suspension of a Special Event Permit if one has already been issued, and / or the denial of future Special Event permits being issued. I understand that in the event of a major incident, my event may be postponed or terminated for the sake of public safety and welfare (e.g., major crime incident, fire, flood, or any act of God). I have attached the following documents to this application that are, to the best of my knowledge, true and correct. ® Completed Application ❑ Certificate of Insurance & Additional ❑ Commercial Liability Certificate Insured Endorsement ® Signed Indemnification Agreement ❑ Encroachment Permit ❑ Map and Traffic Control Plan 0 Signed Waiver & Release of Liability ❑ Completed Checklist ❑ Copies of notifications to OCFD, OC ❑ Site pla Transit District, Local Businesses, structur Churches, and Residents electrioa Gary Kutscher (NAME OF APPLICANT) locations of any ❑ Structural plans of any structures Icher„lents, etc.), (i.e., bleachers, stages, platforms, , ond/Janitation. etc.) to be reviewed by City. Y 1 - I :Z. (DATE SIGNEC Gary Kutscher e � 1 k -1 4' (NAME OF EVENT ORGANIZER) I (SI4IT F EVENT ORGANIZER) (DATE SIGNED) -5- j5 INDEMNITY AGREEMENT The OC Marathon Lac (applicant/organization name) agrees to indemnify, defend (at City's option) and hold harmless the City of Costa Mesa, its officials, employees, representatives, and volunteers from any and all claims, demands, defense costs, liabilities or consequential damages of any kind or nature which rise out of the use of City otCosta Mesa (location) in connection with the The OC Marathon (event) which will take place in Costa Mesa, California on _ The oc Marathon (date(s) of event). This agreement includes any liabilities that may arise out of the use of booths, concessions or any other activities conducted, set up and/or used by all applicant during the event, including non-members or guests of The OC Marathon (applicant/organization name). Date: 11/10/14 Authorized representative for: The OC Marathon (organization name) c„ Gary Kutscher, CEO Print Name and Title WAIVER AND RELEASE OF LIABILITY am the applicant and responsible person for the The OC Marathon (event name, hereafter "event") to be held May 3, 2015 (location) in Costa Mesa, California. (dates) at City of Costa Mesa I hereby ASSUME ANY AND ALL RISKS associated with the event including but not limited to injuries sustained by participant arising out of strenuous physical activity or exertion; striking or being struck by objects, vehicles or persons; uneven or defective roadway surfaces; exposure to heat, cold or humidity. APPRECIATE AND VOLUNTARILY ELECT TO ACCEPT ALL RISKS connected with the event and any property directly adjacent or appurtenant to the event location. I HEREBY FOR MYSELF, MY HEIRS, OR ANYONE WHO MIGHT CLAIM ON MY BEHALF AGREE NOT TO BRING ANY CLAIM AGAINST THE CITY OF COSTA MESA AND WAIVE, RELEASE AND DISCHARGE THE CITY OF COSTA MESA, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE INCLUDING LIABILITY ARISING OUT OF THE NEGLIGENCE OF THE CITY OF COSTA MESA OR ITS OFFICERS, AGENTS OR EMPLOYEES. THIS RELEASE AND WAIVER EXTENDS TO ALL CLAIMS OF EVERY KIND OR NATURE WHATSOEVER, FORESEEN OR UNFORSEEN, KNOWN OR UNKNOWN. I HAVE READ THE FOREGOING AND CERTIFY MY ACCEPTANCE OF THE ABOVE PROVISIONS BY MY SIGNATURE ON THIS DATE, 11/10/14 (date). Authorized representative for: The OC Marathon (organization name) Gary Kutscher CEO 4 Print Name and Tit -10- Newport Beach, CA Costa Mesa, CA MESA VVIR 6 COUNT1W CLUB COUNTRY CLUB DR MESA VEIDE DR Course Map May 3, 2015 9 p4 SIN TA All P KFV ® MILE MARKER WATER STATION + MEDICAL STATION FULL MARATHON HALF MARATHON SK Course Map May 3, 2015 9 p4 SIN TA All P 2014 Orange County Marathon Miles Start.. .... on .Newport Center Dr W Loop, E half, at the 8'n palm tree NW of Newport Center Dr. Mile 1...... on Avocado Ave, 66' NE of San Nicolas Dr & 10' SW of high voltage riser # 5303194. Mile 2..... on Pacific Coast Highway, W side, 13 yds S of light pole on SW corner Carnation Ave Mile 3 ...... on Ocean Blvd, 7 yds S of south curb line at Marigold Ave. Mile 4 ...... on Seaview Ave, S side, 12 yds W of alley between Jasmine and Larkspur. Mile 5 on Bayside Dr, SE edge of drive way at 1945. Mile 6 ..... on . Bayside Dr, at N side of Promontory Dr. Mile 7...... on Pacific Coast Hwy, N side just E of Dove Dr, at change in pavement from sidewalk to black top. Mile 8...... on Castaways Trail, 16 yds before Castaways access gate.. Mile 9 ...... on Santiago Dr, 7 yds past 1072 front door. Mile 10.... on Galaxy Dr, 17 yds S of property line of 1706. Mile 11 .... on Irvine Ave, E side, 25 yds past Heather.. Mile 12.... on University Dr, 5 yds E of stop sign on NE corner Santa Ana. Mile 13 .... on Red Hill Ave, W side, at 2915 drive way to Stone Hill Design Center. % Way..... on Red Hill Ave, W side, 3 yds N of hydrant in front of 2973. Mile 14.... on Red Hill Ave, W side, 8 yds N of green electric box in front of 3183. Mile 15 .... on Main St, W side, 286' S of Sunflower Ave. U-turn ..... on Anton Blvd, E side, 13' S of light pole and 55' N of "405 North Next Left" sign. Mile 16 .... on Sunflower Ave, S side, next to large electric box on SE corner of Ave of the Arts. Mile 17 .... on Bear St, at N line of S crosswalk at Sunflower Ave. Mile 18.... on W side of Segerstrom HS, 15' from exit gate. Mile 19.... on W Segerstrom Ave, S side, across from 2859. Mile 20 .... on W Segerstrom Ave, S side, 348' E of Croddy Way. Mile 21 .... on Santa Ana bike trail, 30' past blue arrow. Mile 22 .... on Gisler Ave, S side, 145'W of Vermont Ave. Mile 23.... on Mesa Verde Dr W, 110' N of Maui PI. Mile 24... Tanager Dr, S side, at 1793 drive way. Mile 25 .... on Merrimac Way, S side, at hydrant # E007/10WA 200' E of driveway at #333. Mile 26.... on Fair grounds, along iron fence in E parking area middle of handicap parking area Finish...... on OC Fairgrounds in E parking area, in between large yellow painted triangles 34'6" W of electric cover. OC Marathon - May 3, 2015 Turn by Turn Directions New ort Center/Fashion Island Area Start Line — On Newport Center Drive close to Santa Barbara Drive; Fashion Island, Newport Beach Northbound on Newport Center Drive (inner loop_ only) L on San Nicolas L on Avocado R on San Joaquin Hills Rd. R on MacArthur Blvd. L on Coast Highway (PCH) R on Orchid Ave. R on Ocean Blvd. R on Carnation Ave. R on Seaview Way L on Marguerite Ave. Lon Bayside Dr. L on PCH (Stay on south side of bridge and follow coning pattern) On the west side of the bridge, L onto sidewalk and follow path under the bridge Come up on the north side of the bridge and onto Dover going north R on Castaways Ln R into Castaways/Back Bay Trail Parking lot Straight on Castaways/Back Bay Trail to Dover Dr. NEWLeft on Castaways/Back Bay Trail to Dover Dr. (the final turn, where there is a "loo_ k out" to the right) Keep on Castaways/Back Bay Trail to Dover St R on Dover Dr.(Runners stay on sidewalk) R on Westcliff Dr. R on Westcliff/Dover Lon Santiago Dr. R on Galaxy Dr. R on Santiago Dr. ROD 't. i�• -� min R on Irvine Ave. Lon University Dr. _ R on Santa Ana Ave, Half Marathon Splits L on Mesa Dr. (Half Marathon ONLY) Straight through Newport Blvd NB and SB to Gate 10 i Straight on to Red Hill (Full Marathon ONLY) L on Main St. L on Sunflower L on Anton (U -Turn on the same side of street, NOT like 2013) L on Sunflower L on Avenue of the Arts R through the Performing Arts Center (follow coning pattern) Straight over South Coast Plaza Foot Bridge (watch for sidewalk poles on either side of the bridge). Through South Coast Plaza R on Bear St. 7#1P L on Sunflower Ave R on Raitt St Through Se erstrom High School (around the football field and down ramp towards Alton) R on Alton Ave L on Raitt St L on Segerstrom L onto the Santa Ana River Trail (follow cones!) Mesa 'Vere & Bird Streets(Costa Mesa At Gisler, L over the wooden bridge, then straight on Gisler Ave R on Country Club Dr R on Mesa Verde Dr West Cross Adams Ave onto Placentia Ave L on Oriole Dr R on Canary L on Tanager Straight on bike path near golf course OC Exit bike path, cross Harbor, and go straight on Merrimac Way At Fairvew, continue straight to enter Gate 3 of OCFEC Runners will go straight past Equipment Zone, The Hangar (Finish Line Festival) and Lot I. Turn right at Lot I Turn right at Gate 10 Lane to the finish line Finish Line — OC Fair & Event Center, Costa Mesa C � v Cc a o v +No .' v L Ole L 0 0 3 m o ° a E c) }. o:� c ca c a co c o a� x s a� .� rom c ° a °' �5 o 0 o m.o 0> Q j c � � w �QmE`° E L � a�a o.S a s roE �° o a r o a E ro m w o c _ c L 73 ro Eos o cncn oro 1 m e o o p E° �Ero 0 CO o Tc o Y o U ° Y �mro cnUa'J aEa °c�acro E (D ci a U a oo i RM iambd Le u.11 �Av03��51 ZS Ha Vl fi0 14, E p F$ F 6 E E E E o E E E E E E of E n E ap b g p cV fV M N c7 M Ou'Sr rE cre of yr J% A14 v, A +h.i,#A ir, Ln u�,m ui 6-1 -1 .n .n .n .nIf mT ti m M a n o� m a cois 0030� an' c.c4N a mE,S 3i c amadous L Laz o n L L O� OI b > o y o• c1 d � -221 N 3.2 mm3wzwow, m E c C E ��� cli mem n s �m a �� 4 � � Z, � m E � 2 A? . $P "13 C r: HIM-1 y�j ic=4�aaocS ar � U E U Ul O U m L Z O II C Z c: U a � j O f�V 07 cd w =t� co � U U C L ~ O O U � CL m t C m L c II ++ 2 c s N U O f0 -p m U O a �� a U C a� CS 80 5 U O y N 09 II N 0 m L E U C E ~ Z N 7 ��n r8 z a' -,a LuZo 9�� c" ymydo I © 6 G 2i O < m ©ca �VVV* gp W 75 g cj a �s ,d; LD 3 w .cIX 0 ca UO cc COE ® C cco fly 2 0 ci .• H :c «^ c c E a 'C w� ?' d1 O O U rO � � yam.. tl3 � fi'�� E c _� d,✓ �j +{ 0.'j ro E ea '04 4 c' Cj `U i5 3 � 5 - a° o a Sup a c ���c �� a aiwii �• )Um Q} yQppyy QQ SL1 LL m �' 'Ci I S �C z .O U C _ , �, ��" © � Lu 1 W7 0 W o U N C? Gi V1 I Y Q �} C d Q Q7 F Cj 2 f�T Q Gi �: W Ll U? �r C7 2j7 d 61 U c WASTE MANAGEMENT Ware Disposal will provide waste management and recycling for the event. Almost all dumpsters will be located at the OC Fair & Event Center and will be located on the Festival Field. (north of the Staging/Equipment Zone) Athens Street Services Will provide street sweeping around Fashion Island and through half marathon route Dumpsters/Containers: • (1) 40 -yard roll off dumpster (start line) • (4) 40 -yard roll -off dumpsters (Festival Field) • 50 cardboard trash boxes set-up at the Finish Line Festival • 50 cardboard trash boxes set-up around the Start Line at Fashion Island. • 200 cardboard trash boxes deployed throughout the water stations 0 15-20 cardboard trash boxes at each water station on the first half of the course 0 6-8 cardboard trash boxes at each water station on the second half of the course. Each on course water station will be equipped with: • Water Station Captain • 20-40 volunteers • 1 truck • Enough equipment/supplies for each water/medical station along the route. • The truck will return to staging area at Festival Field at OC Fair & Event Center, where the waste will be off-loaded in the dumpsters. THE MAJORITY OF TRASH IS REMOVED BY THE WATER STATION VOLUNTEERS At the Start line 1. 50 cardboard trash boxes will be set up at the start line 2. One dumpster will be located at the start line, most likely in the MARRIOTT On the Course 1. All waste from the Start Line and on -course water and medical stations will be cleaned up by volunteers and brought back to the OC Fair & Event Center following the clean-up at each station. 2. A commercial sweeping machine truck that sweeps the start line and problem areas along the course. (Athens Services) 3. A 26 -Foot Stake Bed Course Sweep Truck that is responsible for removing mile markers, course arrows and ensuring all waste has been removed from the course route. Waste Management Page I of 2 THE G©faffiOn In the Expo.. 1. OC Marathon crew and volunteers should keep boxes and other items flattened and avoid trash accumulation. 2. OC Fair & Event Center crew will come through the expo on Friday night and remove trash, as well as empty out the containers throughout the expo during the day. Kids Run the OC 1. OC Marathon staff & volunteers should be sure to flatten t -shirt boxes. 2. Help and encourage all volunteers to help pick up miscellaneous rubbish At the Finish Line 1. OC Marathon staff & volunteers should be sure to flatten t -shirt boxes. 2. Help and encourage all volunteers to help pick up miscellaneous rubbish 3. OC Fair & Event staff will be replacing full containers. Waste Management Page 2 oft N li!.�+ I< i y. • WATER STATION - MILE 2 Your Section Commander is: Fausto Gutierrez (714)404-1823 Water Station Captains: Nancy Garcia (714)425-9605 & Martha Madrid (714)349-1028 WATER STATION LOCATION: Water Station is located on Marguerite Ave. in between bayside Drive and East Coast Hwy. Water Station will serve runners as they come through East Coast Hwy. TRUCK ROUTES: To Water Station Exit OCFEC by taking Right on Arlington to Newport Blvd and turn right on Newport Blvd. Turn left on Fair Drive. Turn left on Newport Boulevard in order to take 55 North. From 55 N stay right and take 73 South. Exit Jamboree and head west. Turn left onto East Coast Hwy. Turn right on Marguerite. Park Truck on Marguerite in between East Coast Hwy and Bayside Drive. Return to Staging Area: Take East Coast Hwy North to Jamboree Rd and tum Right. At Bristol Street, take 73 Freeway North Exit Bear Street and turn left. Turn Right on Bristol St. Turn right onto Newport Blvd. Turn right on Arlington. Turn left into Gate 4 of OC Fair & Event Center and go to staging area. Parking & Directions for Volunteers. Volunteers will park on Marguerite on the North side of East Coast Hwy. Take 73 Freeway to MacArthur Blvd South. Turn left on San Joaquin Rd. Turn right on Marguerite. Park on Marguerite close to East Coast Hwy, BEFORE you cross Coast Hwy. CHECK -1N TIME: Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 4:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Monitor cones for Marathon Clean-up area and break down SAG Begonia Station Water Station Mile 2 Page 1 of 2 r� 6andera4f 15'Pvrtos'. now 54 Bays icie.-Dr 4CHE Franorn WATER STATION - MILE 4 Your Section Commander is: Fausto Gutierrez (714)404-1823 Water Station Captains: Stephanie Nucci (949) 885-1542 WATER STAT ION LOCATION: Water Station is located on Marguerite Ave. in between bayside Drive and East Coast Hwy. Water Station will serve runners as they come through Bayside Drive TRUCK ROUTES: To Water Station Exit OCFEC by taking Right on Arlington to Newport Blvd and turn right on Newport Blvd. Turn left on Fair Drive. Turn left on Newport Boulevard in order to take 55 North. From 55 N stay right and take 73 South. Exit Jamboree and head west. Turn left onto East Coast Hwy. Turn right on Marguerite. Park Trick on Marguerite in between East Coast Hwy and Bayside Drive. Return to Staging Area: Take East Coast Hwy North to Jamboree Rd and turn Right. At Bristol Street, take 73 Freeway North Exit Bear Street and turn left. Turn Right on Bristol St. Turn right onto Newport Blvd. Turn right on Arlington. Turn left into Gate 4 of OC Fair & Event Center and go to staging area. Parking & Directians for Volunteers: Volunteers will park on Marguerite on the North side of East Coast Hwy. Take 73 Freeway to MacArthur Blvd South. Turn left on San Joaquin Rd. Turn right on Marguerite. Park on Marguerite close to East Coast Hwy, BEFORE you cross Coast Hwy. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 4:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to readjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Monitor cones for Marathon Clean-up area and break down RINSE OUT GATORADE COOLER "Must verbally notify runners between water and Drink Mix is to be set-up first, followed by water. SAG Begonia Station Water Station Mile 4 Page 1 of 2 r'y 1 2 T 00ii�,, •!It! Nt an (Ira ws qL 1�\ � 15 Portos' Bays1dE,Dir r i4 ._�.-. Ifiloii-1 WATER STATION - MILE 5 Your Section Commanders are: Nicholas Harris (818)284-0249 Water Station Captains: Erin DeHart (949)859-6312 WATER STATION LOCATION: On the corner of Bayside Dr. and Jamboree Rd. TRUCK ROUTES: To Water Station Exit OCFEC by taking Right on Arlington to Newport Blvd and turn right on Newport Blvd. Turn left on Fair Drive. Turn left on Newport Boulevard in order to take 55 North. From 55 N stay right and take 73 South. Exit Jamboree and head west to PCH. Go straight THROUGH PCH to Bayside Drive. Park truck in SOUTH lane on Bayside Drive in the turn pocket, closest to the Newport Beach Yacht Club. Return to Staging Area: Head north on Jamboree Bristol St. At Bristol Street, take 73 Freeway North Exit Bear Street and turn left. Turn Right on Bristol St. Tuna right onto Newport Blvd. Tum right on Arlington. Turn left into Gate 4 of OC Fair & Event Center and go to staging area. Parking; c4c Direetinns fm Volunteers: Parking for Volunteers: Volunteers will park in shopping center (with Rite Aid and Bayside Restaurant) on the Northwest side on Jamboree Rd. and Bayside Dr. Take 73 Freeway to Jamboree Rd.. Cross PCH to Bayside Drive and turn right. The shopping center is on the right. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 4:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to readjust item amounts upon returning to staging area. DUTIES! Hand out water Clean-up area and break down SAG El Paseo Station Promontory Point Station Water Station Mile 5 Pagel of2i-+,lJ 2 T 104 , 01,; WATER STATION - MILE 6 Your Section Commanders are: Nicholas Harris (818)284-0249 Water Station Captains: Pooji Patel (310) 902-3937 & Katie Jo Murphy (406) 459-2793 WATER STATION LOCATION: Water Station is located on Bayside Drive and Aloha Dr. Water Station will set up in the intersection and serve runners as the pass on Bayside Drive. TRUCK ROUTE: To Water Station Exit OCFEC by taking Right on Arlington to Newport Blvd and turn right on Newport Blvd. Turn left on Fair Drive. Turn left on Newport Boulevard in order to take 55 North. From 55 N stay right and take 73 South. Exit Jamboree and head west to PCH. Go straight THROUGH PCH to Bayside Drive. Turn right on Bayside Drive. Park truck on Aloha Drive. Return to Staking Area: Head west on Bayside Drive to Coast Hwy, turn right on Coast Hwy. Turn left on Jamboree to Bristol St. At Bristol Street, take 73 Freeway North. Exit Bear Street and turn left. Turn Right on Bristol St. Turn right onto Newport Blvd. Turn right on Arlington. Turn left into Gate 4 of OC Fair & Event Center and go to staging area. Parking & Directions for Volunteers: Parking for Volunteers: Volunteers will park on Bayside Dr. south of East Coast Hwy. Take 73 Freeway to .lamboree and head west to East Coast Hwy. Turn right on East Coast Hwy to Bayside Dr and turn left. C_HE_CK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 4:30am MATERIALS: An Itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER Set Up Medical Station Water Station will be responsible for setting up the medical station, which includes one pop-up tent, one table, and six chairs. **Must verbally notify runners between water and Drink Mix is to be set-up first, followed by water. SAG PROMONTORY POINT STATION Water Station Mile 6 Page 1 of 2 0-3 :9TI wi, vac 06 do 00004 11, 0 FWoPwie Trash Comitakwr Table 00, TmckDi"lon 91M. 1<►1 WATER STATION - MILE 7 Your Section Commander is: Tri Nguyen (949)413-6177 Water Station Captains: Johnathan Randall (949)533-8150 WATER STATION LOCATION: Located in Castaways Park parking lot off Dover & 16th/Castaways at the back entrance onto the Back Bay trail. TRUCK ROUTE: To Water Station: Exit OCFEC by taking Right on Arlington to Newport Blvd and turn right on Newport Blvd. Tum left on Fair Drive. Cross over 55 freeway and head straight to Irvine Avenue. Turn Right on Irvine Avenue. Turn left on Dover Drive. Turn left on Castaways Lane (Newport Harbor Lutheran Church Parking lot and Castaways Park Parking lot) Return to Staging Area: Exit Castaways Park and turn left on Dover to East Coast Hwy. Turn left on East Coast Hwy to Jamboree Rd and turn Left. Turn left on Jamboree to Bristol St. At Bristol Street, take 73 Freeway North. Exit Bear Street and turn left. Turn Right on Bristol St. Turn right onto Newport Blvd. Turn right on Arlington. Turn left into Gate 4 of OC Fair & Event Center and go to staging area. Parking for Volunteers: Volunteers will park in parking lot on the Northeast parking lot of Dover and Castaways/16`x' St. (Bob Henry Park) Take 55 Freeway South (it will turn into Newport Blvd) Turn left on 16'h Street. Take 16a' Street across Dover Drive, all the way to the Bob Henry Park parking lot. The park is on your left. CHECK-IN_TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am "Must verbally notify runners between water and Drink Mix is to be set-up first, followed by water. DUTIES: Hand out water & Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. S49 Castaways Station Dove/Dover/West Cliff Water Station Mile 7 Pagel of 2 StyJ��yy fa' t i • a~v '1 poo Htiff bi),- ice. staways Park 04 WATER STATION - MILE 8.5 Your section commander is: Tri Nguyen (949)413-6177 Water Station Captains: Sylvia Contreras (714)815-7620 & Dawn Lownang (714)328-9167 WATER_ STATION LOCATION: Water Station is located on Santiago Drive and Pescador Lane. Water Station will set up in the intersection. TRUCK ROUTE: To Water Station: Exit OCFEC by turning right on Arlington. Take Arlington Dr to Newport Blvd and turn right. Turn Right on Newport Blvd. Turn left on 22"d St. (22"d turns into Santiago) Cross over Irvine Avenue, and take Santiago all the way around to Pescador. (You might pass by water station 9.5!) Return to Staging Area: Take Santiago to Irvine Ave and turn Right. Take Irvine Avenue over the 73 freeway and turn left on Bristol. Turn left on Newport Boulevard. Turn right on Arlington, and turn left into Gate 4 of OCFEC. P_a_rkinQ for Volunteers: Volunteers will park in neighborhood by water station. Take 55 Freeway South to Broadway (across from Triangle Square (now called "The Triangle") and turn left. Take Broadway to Irvine Ave and turn right. Turn left on Mariner's Drive. Turn right on Santiago Dr. and follow all the way around to Pescador. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Drink Mix Hand out water Clean-up area and break down SAG Dover/dover/west cliff Galaxy/mariners Santiago/trade winds Water Station Mile 8.5 Page 1 of 2 WATER STATION & Clif Station — MILE 9.5 Your section commanders are: Tri Nguyen (949)413-6177 Water Station Captains: Sandi Hanscom (949)214-8870 Clif Station Captains: Christina Pellcchia (949)296-5881 & Monica Silva (562)237-6000 LOCATION: Water Station is located on Galaxy Drive and Holiday Road. Water Station will set up in the intersection TRUCK ROUTE: To Water Station: Exit OCFEC by turning right on Arlington. Take Arlington Dr to Newport Blvd. Turn Right on Newport Blvd. Turn left on 22"d St. (22nd turns into Santiago). Take Santiago across Irvine Avenue and turn left on Galaxy. Take Galaxy to Water Station on Holiday. Return to Stain Area: Take Santiago to Irvine Ave and turn Right. Take Irvine Avenue over the 73 freeway and turn left on Bristol. Turn left on Newport Boulevard. Turn right on Arlington, and turn left into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will park in neighborhood by water station. Take 55 Freeway South to Broadway (across from Triangle Square (now called "The Triangle" ) and turn left. Take Broadway to Irvine Ave and turn right. Turn left on Mariner's Drive. Turn left on Santiago Dr. It is best if volunteers park on Holiday Rd, as that is not part of the course. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. The Clif Shots and tables will be on your water truck. Please unload tables and shots approximately 100-150 feet before the water station so the runners will be able to take the shot/gel, and then rinse with water. DUTIES: Hand out water and drink mix Kool N Fit here CL.IF SHOTS Clean-up area and break down RINSE OUT GATORADE COOLER SAG Galaxy/mariners Santiago/trade winds - Water Station Mile 9.5 - - - Page 1 of 2 •19• ir :--'S 33*38,*o '15* .'5133 Da rurnon WATER STATION- MILE 10.5 Your section commanders are: Tri Nguyen (949)413-6177 Water Station Captains: Linda Beresford (714)401-7916 & Wendy Grover (951)776-7110 WATER STATION LOCATION: In intersection of Irvine Ave and 23rd Street. TRUCK ROUTE: To Water Station: Exit OCFEC by turning right on Arlington, Take Arlington Dr to Newport Blvd. Turn right on Newport Blvd. Turn left on 22nd Street. Turn left on Tustin Ave. Turn right on 23rd Street and go to Irvine Avenue (turn left on Irvine avenue and park truck directly across from 23`d) Return to Staging Area: Take Irvine Avenue North over the 73 freeway and turn left on Bristol. Turn left on Newport Boulevard. Turn right on Arlington, and turn left into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will ark in the neighborhood off 23`d and Irvine Ave. Take the 55 Freeway exit Victoria/22"d Street. Turn left on 22" and cross over 55 Freeway. Turn left on Tustin Ave. Turn right on 23`d Street to Irvine Ave. Park on 23`d Street. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An Itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Clean-up area and break down _SAG Santiago/trade winds Irvine Avenue/Santa Isabel Water Station Mile 10.5 Pagel of 2 taffir al! tir h o n WATER STATION - MILE 11.5 Your section commanders are: Boomer Iacoangelo (310)591-9067 Water Station Captains: Leann Miller (714)308-2275 WATER STATION LOCATION: On Irvine Ave, just south of University Drive. Water Station will set up in the left hand turn lane on Irvine Ave. TRUCK ROUTE: To Water Station: Exit OCFF,C by turning right on Arlington. Take Arlington Dr to Newport Blvd and turn right. Turn left on Fair Drive and cross over 55. Take Fair Dr (Fair becomes Del Mar Drive, and then becomes University) to Irvine Ave and turn right on Irvine Ave. Park truck in North bound lanes, closes to the south bound side, as runners will be turning left on University. Return to Staging Area: Take Irvine Avenue North over the 73 freeway and turn left on Bristol. Turn left on Newport Boulevard. Turn right on Arlington, and turn left into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will park at the Muth Interpretive Center in Newport Beach. 2301 University Drive. Take 73 Freeway south and exit Campus/Irvine. Turn right on Irvine Avenue. Turn left on University Drive and turn right into Muth Interpretive Center (also commonly referred to as Back Bay parking lot) CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER Medical Water Station will be responsible for setting up the medical station, which includes one pop-up tent, one table, and six chairs. SAG Medical Station 11.5 Water Station Mile 11.5 Pagel of 2 0�3 ara on WATER STATION- MILE 13 Your section commander is: Boomer lacoangelo (310)591-9067 Water Station Captains: Kimberly Smith (714)454-8782 WATER STATION LOCATION: Red Hill Ave. north of Kalmus . intersection in south -bound lanes. Set up on curb in southbound lanes. TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Take Arlington left to Fairview Rd and turn right. Tun right on Baker. Take Baker all the way under the 55 freeway. Turn Right on Red Hill Ave to Water Station Location on Kalmus. Return to Staging Area: Take Red Hill Ave South to Bristol. Turn Right on Bristol to Newport Blvd. Turn Left on Newport Blvd. Turn right on Arlington and turn left into Gate 4 of OC Fair and Event Center. Parkins for Volunteers: Volunteers will park on the East side of Red Hill Ave and Kalmus. Take the 73 Freeway South to Campus/Irvine. Turn left onto Campus/Irvine and cross over 73. Turn left on Bristol. Turn right on Red Hill Ave. Turn right on Kalmus. Park on Kalmus. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Clean-up area and break down SAG Red Hill/Kalmus Red Hill/Paularino Water Station Mile 13 Page 1 of 2 -. L—itc., 7m�,, WATER STATION - MILE 13 Water Station Mile 13 Page 2 of 2 o [AF A1"EI zhOn WATER STATION- MILE 14 Your section commander is: Boomer Iacoangelo (310)591-9067 Water Station Captains: Ashley Cunningham ( ) WATER STATION LOCATION: Red Hill Ave, north of Airport Loop Drive intersection in south -bound lanes. Set up on curb in southbound lanes. Located just south of the 405 overpass. TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Take Arlington left to Fairview Rd and turn right. Turn right on Baker, Take Baker all the way under the 55 freeway. Turn left on Red Hill Ave (the TRUCK (truck only) may cross some traffic closures here) to Water Station Location on the left just before the bridge over the 405.. Return to Staging Area: Take Red Hill Ave South to Bristol. Turn Right on Bristol to Newport Blvd. Turn Left on Newport Blvd. Turn right on Arlington and turn left into Gate 4 of OC Fair and Event Center. Parking for Volunteers: Volunteers will park on the East side of Red Hill Ave and Airport Loop Drive. Take the 73 Freeway South to Campus/Irvine. Turn left onto Campus/Irvine and cross over 73. Turn left on Bristol. Turn right on Red Hill Ave. Turn right on Airport Loop Drive. Volunteers will need to cross the street (be careful, the north bound lanes are OPEN for traffic!) CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER SAG Medical 14.5 Sunflower/Avenue of the Arts Water Station will be responsible for setting up the medical station, which includes one pop-up tent, one table, and six chairs. Medical Station is to be set-up on Main Street just north of Red Hill Ave. "Remember to load medical station supplies onto truck before returning to staging area Water Station Mile 14 Page 1 of 2 marat`Ron WATER STATION - MILE 14 A Medical Aid Station will also be erected. Water Station Mile 14 Page 2 of 2 WATER STATION- MILE 15.5 Your section commander is: Randy Kuntz (714)813-0263 Water Station Captains: WATER STATION LOCATION: On Sunflower Ave. just north of the copier of Anton Blvd, and Sunflower Ave. east bound side in bus cutout TRUCK ROUTE: To Water Station: Exit OCFEC by turning right onto Arlington. Turn right on Newport Boulevard. Go across 55 to head north on Newport Boulevard. Turn left on Bristol. Turn right on Sunflower. BEFORE you hit Anton, the water station is in the bus turnout lane. Return to Staging Area: Head West on Sunflower. Turn left on Bristol. Turn right on Newport Blvd. Turn right on Arlington. Turn left into Gate 4. P_a_rking For Volunteers: Volunteers will park in the streets to the the North side of Sunflower Ave. Take 405 Freeway to Bristol. Take Bristol north to MacArthur and turn right. Turn right on Main Street. Turn right on Sunflower Ave. Park on Ross Street or other neighborhood streets to the north side of Sunflower Ave to water station. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER SAG Sunflower/Avenue of the Arts Nordstroms **Must verbally notify runners between water and Drink Mix. Drink Mix is to be set-up first, followed by water. Water Station Mile 15.5 Pagel of 2 0 lu yam_ '1 w Mal d - J � I A rr lb P4, . Mal r!atfBon WATER STATION- MILE 17 Your Section Commander is: Randy Kuntz (714)813-0263 Water Station Captains: Cheryl Hart (714)734-7700 WATER STATION LOCATION: On corner of Sunflower/Bear Street, across from Macy's Home Store (make sure it's the home store not the clothing store) TRUCK ROUTE: To Water Station: Take Arlington left to Fairview Rd and turn right. Turn right on South Coast Drive (By Ikea). Turn left on Bear St. Turn left at Sunflower and park truck on coiner. Return to Staging Area: Take Sunflower to Fairview. Turn left on Fairview. Turn left on Arlington. Turn right into Gate 4 Parking for Volunteers: Volunteers will park at Macy's Home store parking structure. Take 405 Freeway and exit Bristol. Take Bristol north to Sunflower and turn left. Turn left on Bear Street and right into parking area. Walk out to station. (AIECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:30am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:00am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Clean-up area and break down SAG Sunflower/Bear St Station Raitt St/MacArthur Station Water Station Mile 17 Page 1 of 2 O marafon WATER STATION - MILE 17 Water Station Mile 17 Page 2 of 2 Lb-� WATER STATION- MILE 18 Your Section Commander is: Randy Kuntz (714)813-0263 Water Station Captains: Jamie Bates (714)241-5016 WATER STATION LOCATION: On Alton Avenue after exiting Segerstrom High School TRUCK ROUTE: To Water Station: Take Arlington left to Fairview Rd and turn right. Turn right on Alton. Turn right into Segerstrom parking lot before you hit Raitt Street. Return to StUgin„ Area: Take Alton to Fairview. Turn left on Fairview. Turn left on Arlington and left into Gate 4 of the OC Fair and Event Center. Parking for Volunteers. Volunteers will park at Segerstrom High School. From 405, exit Fairview. (From 405 South you will turn left, from 405 N you will turn right) Take Fairview to Alton and turn right. Turn right into Segerstrom High School parking lot. C' 11 l• C K -I N TIME: Water Station Captains must be at the OC Fair and Event Center at 3:55 am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER SAG Raitt St/MacArthur Station Segerstrom/Fairview Station "Must verbally notify runners between water and Drink Mix. Drink Mix is to be set-up first, followed by water. Water Station Mile 18 Pagel of 2 E eg 116� 7i'via • Ti f g. 4 WATER STATION- MILE 19 Your Section Commander is: Randy Kuntz (714)813-0263 Water Station Captains: Steven Thompson (949) 614-3105 WATER STATION LOCATION: On Segerstrom Ave. EB lanes on the south side of the street, (in parking lot) just past (west of) Fairview. 2900 Segerstrom TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn right on Fairview. Turn Left on Segerstrom. Take Segerstrom to water station mile 19 located just past Fairview Street on the south side of the street. Return to Staging Area: Take Segerstrom to Fairview St and turn right. Take Fairview St back to staging area. Parking for Volunteers: Volunteers will park off of Segerstrom just west of Fairview St. From 405, exit Fairview. (From 405 South you will turn left, from 405 N you will turn right) Take Fairview to Segerstrom and turn left. Park in the parking lot to your right and walk across to the water station. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 3:55am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Clean-up area and break down Kool N Fit will also be here with you. Clif shots The Clif Shots and tables will be on your water truck, Please unload tables and shots approximately 100-150 feet before the water station so the runners will be able to take the shot/gel, and then rinse with water. SAG Segerstrom/Fairview Station Water Station Mile 19 Page 1 of 2 (53 4U3*th on to c WATER STATION - MILE 19 Water Station Mile 19 Page 2 of 2 "r, WATER STATION- MILE 20 Your Section Commander is: Michael Haughey (949)351-9026 Water Station Captains: Kristina Enriquez WATER STATION LOCATION: and just east of the entrance to the Santa Ana River Trail. Medical is On Segerstrom Avenue, just west of Croddy Way located at Croddy/Segerstrorn. TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn right on Fairview Rd. Turn left on Segerstrom. Drive PAST Water Station mile 19M Continue through Harbor Boulevard. The water station is located just before the Segerstrom/Santa Ana River Trail entry. Return to Staging Area: Take Segerstrom to Fairview and turn right on Fairview. Turn left on Arlington and Right into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will park in commercial building parking lot off of Segerstrom Ave. From 405 exit Harbor. Take Harbor Blvd north to Garry Ave, Turn left on Garry Ave. Turn right on Croddy Way Find parking in area and walk to water station. (see map) CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 4:00 am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIA_L_S: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust itein amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER SAG Medical 20 Gisler/Water 22 Station Medic on Trail **Must verbally notify runners between water and Drink Mix. Drink Mix is to be set-up first, followed by water. SPECIAL DUTIES: Water station is also responsible for setting up the medical station, which includes one pop-up tent, one table, and six chairs. Medical Station is to be set-up on the Santa Ana River Trail just south of Segerstrom Ave. **Remember to load medical station supplies onto truck before returning to staging area Water Station Mile 20 -- - — Page 1 of 2 ��' # IL vmv �r OL lipRole i iM pig ��M JI�i • .l. WATER STATION- MILE 21 Your Section Commander is: Michael Haughey (949)351-9026 Water Station Captains: Bryan Kooiman (949)306-6141 WATER STATION LOCATION: On the Santa Ana River Trail just south of the 405 Freeway. Located in Moon Park. TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn right on Fairview. Turn left on ADAMS OR Baker. Turn right on Harbor. Turn left on Gisler (before 405) Turn right on California Street. Follow California Street until it dead ends into Moon Park. Return to Staging Area: Take California to Gisler and turn left. Turn right on Harbor. Turn left on Adams. Turn right on Fairview. Turn left on Arlington. Turn right into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will park in the neighborhood near water station. From 405, exit Harbor Blvd. Take Harbor Blvd South to Gisler Ave. Turn right on Gisler. Turn right on California St until it dead ends into Moon Park and find parking. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 4:00 am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water. Clean-up area and break down SAG Gisler/Water 22 Station Medic will be available at Mile 20 Water Station Mile 21 Page 1 of 2 *I do k4 11 +kalif Drnia Street 00 �SUFFU!�t o n WATER STATION- MILE 22 Your Section Commander is: Michael Haughey (949)351-9026 Water Station Captains: Dennis Wilbanks (714)306-1514 WATER STATION LOCATION: On Gisler before Washington Avenue. After exiting Santa Ana River Trail. TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn right on Fairview. Turn left on Adams or Baker. Turn right on Harbor. Turn left on Gisler. The water station is located at Gisler Ave and Washington (west of Washington) Return to Staging Area: Turn right on Harbor. Turn left on Adams. Turn right on Fairview. Turn left on Arlington. Turn right into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will park in neighborhood. From 405 exit Harbor Blvd and head South. Turn right on Gisler. Park in the neighborhood streets to the right if possible (Dakota, Minnesota and Washington Streets) to avoid parking on the course. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 4:00am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER SAG Gisler/Water 22 Station "Must verbally notify runners between water and Drink Mix. Drink Mix is to be set-up first, followed by water. Water Startion Mile 22 Page 1 of 2 VE k 0,� • to ^ Mot aurafhon WATER STATION- MILE 23 Your Section Commander is: Michael Haughey (949)351-9026 Water Station Captains: Tracy Hall (714)292-0481 & Debra Marsteller (714)336-3424 WATER STATION LOCATION: At Mesa Verde Drive West and Tahiti Dr. TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn right on Fairview. Turn left on Adams. Turn right on Mesa Verde Dr West to water station located at the corner of Tahiti Dr. Return to Staging Area: Take Mesa Verde Dr to Adams and turn left. Turn right on Fairview. Turn left on Arlington. Turn right into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will park on Tahiti Dr. From 405 exit Harbor and head south. Turn right on Adams. Turn right on Mesa Verde Dr East. Turn left on Samar Dr. Turn right on Pemba Drive. Turn left on Tahiti Drive. (see map below if needed) CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 4:00am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30 am MATERIALS: An itemized list of materials will be provided In each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Clean-up area and break down SAG Gisler/Water 22 Station Country Club Drive/Mesa Verde Station Water Station Mile 23 Pagel of 2 THAra"'lon WATER STATION- MILE 24 Your Section Commander is: Pete Major (949) 439-6940 Water Station Captains: Leann Axcell (714)697-0001 & Cindy Kerkhoff (949)201-9743 WATER STATION LOCATION: At intersection of Tanager Drive and Hummingbird. (Please note this is changed from 2013!) TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn right on Fairview. Turn Left on Adams and left on Harbor Drive. Turn right Mesa Verde Drive. Turn left on Golf Course Drive and right on Tanager Drive. The water station is set up across from Tanager Park. Return to Stagin Area: Reverse the same route you took to your station. Parkins for Volunteers. Volunteers will park in neighborhood. From 405, exit Harbor and head South. Turn right on Mesa Verde Drive East. Turn left on Golf Course Drive and right on Tanager. Turn right on Hummingbird. (park in the neighborhood, but NOT on Tanager) CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 4:00am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area DUTIES: Hand out water and Drink Mix Clean-up area and break down RINSE OUT GATORADE COOLER Medical Water Station will be responsible for setting up the medical station, which includes one pop-up tent, one table, and six chairs. SAG Golf Course Drive/Tanager Water Station Mile 24 Pagel of 2 201 coftme " Country fluff Pifung. Af 1Tr WATER STATION- MILE 25 Your Section Commander is: Pete Major (949)439-6940 Water Station Captains: Derek Ketchum (949)226-4254 & Minie Meeker (949)923-8335 WATER STATION LOCATION: On Merrimac Way and Orange Coast College, TRUCK ROUTE: To Water Station: Exit OCFEC by turning left on Arlington. Turn let on Fairview. Turn right on Merrimac to your location Return to Staging Area: Head down Merrimac to Fairview and turn leftt. Turn right on Arlington and turn right into Gate 4 of OCFEC. Parking for Volunteers: Volunteers will be parking on the Orange Coast College Parking lots. Take 405 to Fairview Rd. Take Fairview Rd South (From 405 South you will turn right, from 405 North you will turn left) to Merrimac Way and turn right. Turn right into parking OCC Parking lot. Once parked you will walk across street to water station. CHECK-IN TIME: Water Station Captains must be at the OC Fair and Event Center at 4:15 am Water Station Captains must be at water station at 4:30am Volunteers must be at water station at 5:30am MATERIALS: An itemized list of materials will be provided in each water station truck. Water station captains need to re -adjust item amounts upon returning to staging area. DUTIES: Hand out water Clean-up area and break down SAG Golf Course Drive/Tanager Station Water Station Mile 25 Page 1 of 2 191 co 35 Amvvll.atn Fin r'na vlub *d FAIRVIEW N nwy 7:;� CrNEL' Mesa 13011 &)C County Clut, it. 9 to Str' F40 VkAvft st Costa Mesa vd— 51 V -weal k"O' J Ilem. 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Field Concepts p Costo Mesa HKP 4';" 1': "I Cont': t eberd swk— Owl— "on.I Seale r'rY cicc.'Palv- plumbing P'.v— ORANGE ORANGE low Wwo U.— Nqh khW Saccercidd 4,a COASl-C COAST COLLEGE ymc A CNIC C.'In M 11i.za Im-c"we, ARLINGTON DRIVE fxww. Cw 'v Pkw OCC A't' Robm '4 a4 Emdg Arena Shelnn,e P. Spell H.— Thl Chlelh .1 START J,s�jx rh,INI .1 A S Lwl—D.y Semis MERRIMAC WAYanvvei r: 0""" me ,I ORANGE COUNTY FINIS A�p. tll FAIRGROUNDS Mars HIM iF Stdw E RA cwiv Fwl 7 Fan 0, p-, Be�l we'I"n M, fdG a Pr Lounge - :2 :2 4 N—o W- In, FaI, D, ra, Ct nef Park/4, V Q, cn'e' c—*. qp SCLC �7 .a0ic v-4—d P, Re. Mpd.rg02014Ggie- Ed..0-mmwMiii- 2015 OC MARATHON 5K FUN RUN/WALK Attachment 6 RESOLUTION NO. 44-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING PRE - DESIGNATED EVENT ROUTES FOR SPECIAL EVENTS REQUIRING STREET CLOSURES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, because of the impact that special events have on city streets and traffic when a full or partial street closure is required for such a special event, the City Council of the City of Costa Mesa finds that it is expedient that routes be established to enable the public planning such special events advanced notice and options regarding areas in the city where such street closures are permitted. WHEREAS, in accordance with the recently adopted special event ordinance, the City Council does hereby establish the following routes for any and all special events requiring full or partial street closures. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City's pre -designated event routes are hereby established as follows and shown by the maps of each area in Attachment 1 which is attached hereto and incorporated herein by this reference: ff fl f1 Sunflower Avenue, west of Harbor Scenic Avenue Hyland Avenue Cadillac Avenue Harbor Gateway North Harbor Gateway South Howard 'ti+llay Toronto Way Note: South Coast Drive is not included in order to maintain access to 1-405 frefway as well as private streets that are not subject to the City's jurisdiction, but could be included in the above route with the private property owner's permission. These private streets include: Business Park Drive, Corporate Drive, Metra Drive and Sunland Lane, Streets located either east or west of Red Hill Avenue, No simultaneous closures will be allowed on both sides of Red Hill Avenue for a single event. Airway Avenue Airport Loop Drive Pullman Street McCormick Avenue Briggs Avenue Fischer Avenue Kalmus Drive Lear Avenue Clinton Street Note, Red Hill Avenue, Paularino Avenue, and Baker Street are not included in order to maintain access to the SR -55 freeway. Staging and Disbanding Area — Tewinkle Park Arlington Drive, eastbound, to, Newport Boulevard, southbound, to; Fair Drive, westbound, to; Fairview Road, northbound, to; Arlington Drive, eastbound, to disbanding area, STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF COSTA MESA ) I, Julie Folcik, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certifies that the above foregoing Resolution No. 04-38 was duly and regularly passed and adopted by said City Council at a regular meeting thereof held on the 7th day of June, 2404, by the following roll call vote: AYES: Monahan, Mansoor, Steel NOES: Cowan, Scheafer ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 8th day of June, 2004. l r` Depu City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 01 0 450 STREET CL W THIN cT X00 HAWAII i' 'i ♦STREET vT} NEW HAMWPSHIRE- 900 4'OOft I SURES PERMITTED HIS R01 1NnARY I r I SCEPTIC �t x -CORPORATE - 0 VMETRO_ I clwcv nwra _X SLINLAND LOSURES P RMITTEA J THIS BOUNDARY REEWAY ACCES S� SPECIAL EVENT AREA 1 HARBOR GATEWAY FULL STREET CLOSURES a u COAST Powered by GeoSrnart-net. DO STREET CLOSURES PERMITTED WITHIN THE DASHED BOUNDARY LINES 0 28110ft SPECIAL EVENT AREA 2 AIRPORT AREA FULL STREET CLOSURES EXCLUDES RED HILL AVENUE, BAKER STREET & PAULARINO AVENUE ME ORANGE COAST COLLEGE MERRIMAC _ HANOVER 1MELLESLEY r v z 0 COSTA MESA �o HIGH SCHOOL TEWINKLE PARK � (STAGING & DISBANDING,REA) r ARLINGTON SPE IAL EVENT ROUTE ORANGE COUNTY FAIRGROUNDS ��� /% SPECIAL EVENT ROUTE FAT w I CLEARBR04)K��a` MORRISTOm VANGUARD �r 4 eon o �`'�E° ETOM S�ITY HALL WTOWN _ 90RKTOVM / :Off/ J P®vrtTed by GeoSrigart_ntt SPECIAL EVENT - PARADE ROUTE - AREA 3 FAIRGROUNDS AREA ROLLING PARTIAL 1/2 STREET CLOSURE ATTACHMENT 7 FULL MARATHON - AFFECTED STREETS ON ROUTE STREET FROM TO CLOSURE SIDE OF TYPE STREET Santa Ana Avenue Del Mar Avenue Mesa Drive Half East Santa Ana Avenue Mesa Drive Bristol Street Half West Red Hill Avenue Main Street Sunflower Avenue Anton Boulevard Avenue Of Arts Bristol Street Red Hill Avenue Main Street Sunflower Avenue Sunflower Avenue Bear Street South Coast Plaza Sunflower Avenue Bear Street Gisler Avenue Santa Ana River Country Club Drive Gisler Avenue Mesa Verde Dr. W Country Club Drive Main Street Sunflower Avenue Avenue Of Arts Enclave Driveway Town Center Drive Sunflower Avenue Raitt Street Country Club Drive Mesa Verde Dr. W Adams Avenue Placentia Avenue Adams Avenue Oriole Drive Half West Half South/West Partial South Full --- Full --- Partial East Partial North Partial South Partial West Partial South/East Partial East Oriole Drive Placentia Avenue Canary Drive Partial South Canary Drive Oriole Drive Tanager Drive Partial South Tanager Drive Canary Drive Golf Course Drive Partial South Merrimac Way Harbor Boulevard Fairview Road Full South Fairview Road Merrimac Way Fair Drive Partial East HALF MARATHON - AFFECTED STREETS ON ROUTE CLOSURE SIDE OF STREET FROM TO TYPE STREET Santa Ana Avenue Del Mar Avenue Mesa Drive Half East -- ....... _ Mesa Drive - Santa Ana Avenue Newport Boulevard Half North SB Newport Frontage Mesa Drive Fair Drive Full --- 5K FUN RUNIWALK - AFFECTED STREETS ON ROUTE CLOSURE SIDE OF STREET FROM TO TYPE STREET Fairview Road Fair Drive Adams Avenue Full --- Merrimac Way Arlington Drive Fairview Road 500' E/O Harbor BI. Full --- Fairview Road Newport Boulevard Full South SB Newport Frontage Arlington Drive Mesa Drive Partial --- Attachment 8 OC MARATHON - MAJOR INTERSECTIONS AFFECTED STREET Newport Boulevard Bristol Street Baker Street Paularino Avenue Sunflower Avenue Placentia Avenue Placentia Avenue Adams Avenue Harbor Boulevard CROSSING @ Mesa Drive @ Red Hill Avenue @ Red Hill Avenue @ Red Hill Avenue @ Bear Street @ Adams Avenue @ Adams Avenue @ Mesa Verde Drive East @ Merrimac Way Fairview @ Merrimac Road Way IMPACT Closed — Detour North/South Newport Boulevard Effective 7:00 — 10:30 A.M. Closed - Detour East/West Bristol Street Effective 6:45 — 10:00 A.M. Closed - Detour East/West Baker Street Effective 6:45 — 10:00 A.M. Closed - Detour East/West Paularino Avenue Effective 6:45 — 10:00 A.M. Closed - Detour East Sunflower Avenue/South Bear Street Effective 7:00 — 10:30 A.M. Closed — Detour Southbound Placentia Avenue Effective 7:30 A.M. — 9:30 A.M. "Soft Closure" — Open As Conditions Permit Effective 9:30 A.M. — 12:30 P.M. Closed — Detour Mesa Verde Drive East Effective 8:00 A.M. — 10:00 A.M. "Soft Closure" — Open As Conditions Permit Detour North/South Traffic As Necessary Effective 8:00 A.M. — 12:45 P.M. "Soft Closure" — Open As Conditions Permit Detour North/South Traffic As Necessary Effective 8:00 A.M. — 12:45 P.M. Cl T Y COUNCIL A GENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: CC -9 SUBJECT: TIME EXTENSION REQUEST FOR THE ARLINGTON DRIVE BIOSWALE AND DRY WEATHER DIVERSION PROJECT DATE: FEBRUARY 19, 2015 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR BY: FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER, (714) 754-5335 RECOMMENDATION: Approve a request for a twenty-four month time extension request from the Orange County Transportation Authority (OCTA) for the Arlington Drive Bioswale and Dry Weather Diversion Project. BACKGROUND: On April 14, 2014, the City was successful in capturing $1,690,000 in Environmental Cleanup funds to design and construct the Arlington Drive Bioswale and Dry Weather Diversion Project. Funding for this grant program is provided by the County of Orange one-half cent sales tax for transportation -related projects. The grant deadline for award of the construction contract is June 30, 2015. ANALYSIS: The project proposes construction of a linear park -like area with a vegetated bioswale and a multi- purpose bike trail along the south side of Arlington Drive from Newport Frontage Road to Fairview Road. Where feasible, Arlington Drive will be narrowed to two lanes, one lane on each direction. The removal of asphalt will eliminate runoff caused by the impervious roadway, collect in the bioswale, and infiltrate into the soil. On July 1, 2014, the City Council awarded a Professional Services Agreement to Kabbara Engineering to prepare the construction documents. To date, the survey work and geotechnical investigation has been completed, and a preliminary layout of the proposed multi-purpose bike trail and landscaping have been prepared. Since this project is adjacent to the Orange County Fairgrounds, Costa Mesa High School, Davis Elementary School, and is within the Mesa Del Mar neighborhood, several public meetings are required to gather input from the affected stakeholders. Currently, staff is planning to present this project to the OC Fairgrounds Board in their March meeting, followed by a meeting with NMUSD's representatives in April, Mesa del Mar Neighborhood in May, and the Parks and Recreation Commission in June. The grant deadline for the award of the construction contract is June 30, 2015. OCTA will allow a one-time delay request of up to 24 months. It is expected that the Final Engineering for this project is to be completed by September 2015 and the construction contract to be awarded by the City Council by January 2016. Therefore, a six month delay is more realistic. However, since OCTA will only allow a one-time delay request, it is recommended to solicit the full 24 -month time extension in the event of unforeseen circumstances which may cause additional delays. ALTERNATIVES CONSIDERED: Council could choose to not approve the full two-year time extension request. However, this alternative is not recommended as it would jeopardize the grant funding. FISCAL REVIEW: The total cost for this project is estimated at $2,600,000. The grant amount is $1,690,000 and the City's share is $910,000. In Fiscal year 2014-2015 the City Council allocated $2.09 million ($400,000 from Drainage Fees and $1.69 million recognizing the grant from Measure M2 Funds) towards the design and construction of this project. In the upcoming Fiscal Year, staff will be requesting the remaining $510,000 from Drainage Fees needed for the project. LEGAL REVIEW: No legal review is required. CONCLUSION: Staff was able to secure an M2 Environmental Cleanup, Tier 2 grant in the amount of $1.69 million from OCTA. The grant deadline for award of the construction contract is June 30, 2015. In order to conduct the required public meetings a time extension is required. Therefore, it is recommended that the City Council approve a twenty-four month time extension request from the Orange County Transportation Authority (OCTA) for the Arlington Drive Bioswale and Dry Weather Diversion Project. ERNESTO MUNOZ FARIBA FAZELI Public Services Director City Engineer DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Contract Administrator File K Cl T Y COUNCIL A GENDA REPORT MEETING DATE: March 3, 2015 ITEM NUMBER: NB -1 SUBJECT: FINANCIAL & BUDGET POLICIES DATE: February 20, 2015 FROM: FINANCE DEPARTMENT PRESENTATION BY: STEPHEN DUNIVENT, INTERIM FINANCE DIRECTOR FOR FURTHER INFORMATION CONTACT RECOMMENDED ACTIONS: STEPHEN DUNIVENT, INTERIM FINANCE DIRECTOR, (714) 754-5243 Adopt the attached financial & budget policies. BACKGROUND: The City of Costa Mesa's largest financial responsibility to its residents is the care of public funds. Financial and budget policies are developed by the Finance Department and CEO in order to establish the framework for the overall budget planning and financial management of the City of Costa Mesa. These policies will help City officials plan fiscal strategy using a consistent approach contributing to the City's fiscal stability and will provide adequate funding of the services desired by the public. ANALYSIS: The complete Financial & Budget Policies document is attached. It contains sections on: • General Revenue Management Operating and Capital Budgets including goals for the following: 0 5% of the General Fund budget allocated to capital projects o An additional 1.5% of the General Fund budget allocated to capital facilities General Expenditure Management including two options for policies relating to fiscal year-end surplus (net increase in fund balance or positive budget variance): Any end of fiscal year surplus will be allocated using the following priorities: 1. Increase reserves if reserves are below target 2. Examine opportunities for prepayment and accelerated payoff of debt 3. Increase funds for capital facilities • Fund Balance/Reserves/Cash Requirements • Debt Management These policies were reviewed by the Finance Advisory Committee on October 28, 2014, November 18, 2014 and January 20, 2015. They were reviewed by the City Council in the February 10, 2015 study session. Changes to the policy made as a result of the study session are indicated on the mark-up version of the policy. They include: • Page 5 Definition of surplus and clarified wording • Page 6 Clarification of reserves and fund balance Staff requests Council consideration and adoption of these policies. CONCLUSION: These policies will help City officials plan budgets and fiscal strategy using a consistent approach contributing to the City's overall fiscal stability. They will provide a framework for adequate funding of the services desired by the public. Stephen Dunivent Interim Finance Director Attachments: Thomas R. Hatch City CEO February 2015 Financial & Budget Policies—mark-up version February 2015 Financial & Budget Policies 2 City of Costa Mesa Financial and Budget Policies February 2015 ATTACHMENT 1 Introduction: The City of Costa Mesa's largest financial responsibility to its residents is the care of public funds. Financial and budget policies are developed by the Finance Department and CEO in order to establish the framework for the overall budget planning and financial management of the City of Costa Mesa. These policies shall periodically be reviewed by the City's Finance Advisory Committee and adopted by the City Council. These policies will help City officials plan fiscal strategy using a consistent approach contributing to the City's fiscal stability and will provide adequate funding of the services desired by the public. The Chief Executive Officer (CEO) will propose a budget within a reasonable amount of time for the City Council and public to review and discuss it before adoption. The budget will be adopted by the City Council by June 30 of each year. If, for some unforeseen reason, the budget is not adopted by June 30, the Council must adopt a continuing appropriations resolution by June 30 that will provide for operations until the budget is adopted. GENERAL REVENUE MANAGEMENT Diversified and Stable Base: The City will seek to maintain a diversified and stable revenue base to protect the City from short-term fluctuations in any one revenue source. Revenues and Grants: Ongoing revenues will be projected using realistic assumptions. Revenue forecasts will be neither overly optimistic nor overly conservative. They will be as realistic as possible based on the best available information. Should economic downturns develop which could result in revenue shortfalls or fewer available resources, the City will make adjustments in anticipated expenditures to compensate. One-time revenues shall be limited for use on non-recurring items including start-up costs, reserve stabilization, capital expenses and early debt retirement. New revenue sources pending legislation or grant approval are not included in the base budget request. They will be considered for addition to the budget during the mid -year budget report process (i.e. when legislation is passed or grants awarded). Fees and Charges for Services: User fees will be imposed to cover the cost of services provided for unique or narrow segments of the community. Fees will normally be set at full cost recovery. Full cost recovery includes direct and indirect costs, overhead and depreciation for the period during which the fee will be in effect. Fees may be set at less than full cost recovery (cost of service may be subsidized) as the City Page 1 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 Council deems necessary. Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace with changes in the cost -of -living as well as changes in methods or levels of service delivery. Fees that are set by State law shall be implemented in accordance with those laws. OPERATING AND CAPITAL BUDGETS Consistency with Council & CEO Priorities: Base operating budget requests shall be consistent with the priorities and operational plans set forth by the City Council, CEO and the City's Financial Policies. Department heads are responsible for using these priorities and plans along with program outcome indicators to evaluate existing programs and redirect existing resources as needed for greater efficiency, to reduce cost and minimize the requests for additional resources. A certification regarding the evaluation of existing resources is required as part of the budget request submittal. Balanced Budget: A balanced budget means that operating revenues must fully cover operating expenditures, including debt service. Under this policy, it is allowable for total expenditures to exceed revenues in a given year by the use of unassigned fund balance. However, in that situation, beginning unassigned fund balance can only be used to fund capital improvement plan projects or other one-time, non-recurring expenditures. Budgets for funds outside the General Fund are balanced to the fund's own revenue sources without General Fund subsidy unless previously approved by the Council or CEO. Salaries & Benefits: The Finance Department budget staff will set the regular salary and employee benefits base budgets based on known changes in bargaining unit MOUs, retirement rates and other employee benefit costs. (See the City Budget Manual for detailed accounts centrally prepared by Finance and those prepared by the departments.) The vacancy factor will initially be set at zero percent (0%) for each department. The vacancy factor may be modified later in the budget process if necessary to reflect actual, projected or targeted vacancy rates. If the vacancy factor is set above zero percent, the resulting salary savings will be included in the non - departmental section of the budget. Services & Supplies: Services and supplies shall be budgeted at the same level as current year budget to the extent they are necessary to support basic operations, Council and CEO goals. Budgeted base amounts may be reduced if an analysis of actual usage reveals ongoing over -budgeting practices. One-time items applicable only to past years operations may to be removed from the base. Page 2 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 Percentage of General Fund Budget for Capital Expenditures: The City will allocate a minimum of five percent (5%) of the General Fund budget to capital expenditures and plan a goal of an additional one and one-half percent (1.5%) dedicated to a Capital Facilities Account. This allocation may be annually reviewed by the Finance Advisory Committee. During an economic downturn or in the event of a disaster these allocated funds could be used as a type of reserve for operations. For purposes of this policy, Capital Expenditures are defined as: fixed assets (those capital items with value greater than $5,000), improvements/modifications to buildings/facilities/infrastructure, and improvements/modifications to City owned parks/fields/open space. These expenditures can be budgeted in either the City's General Fund, Capital Improvement Fund. Contingencies: A contingency line -item of approximately $1,000,000 will be included in the non -departmental section of the budget. This amount will allow the CEO to retain budget flexibility for operations during the fiscal year. The Finance Department and CEO will develop a process to account for requests and approvals of the use of these funds during the fiscal year. Use of these funds, as with all other funds, will comply with the City Purchasing Policy & Procedures. A status report and allocation of the use of these funds will be included in the mid -year budget report. Requests for Budget Increase: All requests for budget increase require outcome indicators that outline the department's intended outcome(s) resulting from the obtaining the additional resources. Multiple requests will be ranked in order of the department's priority for approval. Department heads will certify that all potential alternatives for redirecting existing resources have been examined and that lower priority items have been reduced or eliminated in order to free up existing resources before asking for an increase. Budget Staff and the CEO will conduct a mid -year review of prior year budget increases to determine what prior year budget increases will be funded. Funding for these increases will continue if the CEO and the department agree that: They meet the performance expectations They merit continuation They are still relevant to the department's mission Sufficient funding exists Page 3 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 Program Budgets Outside the General Fund: It is the department head's responsibility to ensure that the proposed use of program funds is consistent with the available financing and legal restrictions on funds, the department's mission and the Council's priorities; and has been coordinated with the appropriate stakeholder groups external to the City. Appropriations Limit: The Council will annually adopt a resolution establishing the City's appropriations limit calculated in accordance with Article XIII -B of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affect the City's appropriations limit. GENERAL EXPENDITURE MANAGEMENT: Mid -Year Budget Reviews: The City Council will formally review the budget to actual status of revenues and expenditures as soon as practical when the December actual information is available, and amend the budget if necessary. The mid -year review will also serve as an opportunity for the Council to discuss and provide input on expectations for the next fiscal year budget. Budgetary Control: The level of budget control exists at the program level. Annual budgets are set at the individual account level however Department Heads will be responsible for not exceeding the overall program budget. The Finance Department will provide monthly budget to actual reports to the City CEO and to each department (Director, Manager or Budget Liaison) for review. It is the responsibility of each department to communicate to Finance when program budgets might be exceeded. This communication is to be before the situation occurs and include the reason or cause for the potential situation. At that time, the most appropriate action will be discussed to resolve any budget shortfalls. Budget Transfers and Adjustments: Budget transfers are shifts of existing resources between divisions, programs and accounts. Department heads are responsible for the efficient and effective use of the resources within their departmental budgets and are required to reallocate existing resources before requesting budget increases. Therefore they are permitted, with the concurrence of the Finance Department, to make budget transfers of resources among the accounts, programs and divisions within their department. If necessary, the CEO may also transfer resources between departments staying within the total appropriations previously authorized by the City Council. Exceptions to this flexibility are transfers out of salaries and benefits (which require CEO or Finance Department approval) and transfers of specific program funds that have restrictions on their use. Budget adjustments are changes that affect the total amount of the City budget. These include appropriation of new grants or other revenues that had not been approved or realized at the time of the June budget adoption. These also include increases or Page 4 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 decreases to unassigned fund balance for items were approved but not spent in previous fiscal years or for unanticipated, one-time items that cannot be postponed to the next budget cycle. Budget adjustments must be approved by the City Council. Operating Carryover and Surplus: Operating program appropriations not spent during the first fiscal year may be carried over for specific purposes into the second fiscal year with the approval of the CEO. A fiscal year-end surplus may occur when there is a net increase in fund balance or when there is a positive budget variance. Such n ARy and of fiscal year not opera+inn surplus will be alleGated reviewed for potential use using the following priorities: 1. Increase reserves if reserves are below target 2. AssessExamineopportunities for prepayment and accelerated payoff of debt 3. Increase funds for capital facilities Annual Financial Reporting: The City will prepare annual financial statements as follows: 1. The City will contract for an annual audit by a qualified independent Certified Public Accountant. The City will strive to conduct its financial operations in such a way as to obtain an unqualified auditors' opinion. 2. The City will use Generally Accepted Accounting Principles (GAAP) in preparing its annual financial statements, and will strive to meet the requirements of the Government Finance Officer Association (GFOA) Award for Excellence in Financial Reporting program. 3. The City will issue an audited Comprehensive Annual Financial Report (CAFR) no later than 180 days after fiscal year-end. Five -Year Financial Plan: The City will forecast its General Fund revenues and expenditures for each of the next five years and will update this forecast at least every two years. This forecast will be reviewed by the Finance Advisory Committee. MINIMUM GENERAL FUND BALANCE/RESERVE/CASH REQUIREMENTS: Current General Fund reserves consist of committed and assigned fund balance. They are part of the General Fund balance. As of June 30, 2014 they total $26,141,092 and consisted of the following: Page 5 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 $ 14,125,000 Committed for declared disasters 2,000,000 Committed for self insurance 4,443,799 Assigned for compensated absences 2,262,032 Assigned for Police Retirement 1% Supplemental 3,310,261 Assigned for Optional Post -Employment Benefits (OPEB) $ 26,141,092 Total Committed and Assigned Fund Balance (Reserves) 20,629,130 Unassigned Fund Balance 46,770,222 Total Unassigned Fund Balance & Reserves When reserves are combined with the unassigned fund balance, the total reserves are is -$46,770,222. The following is a brief discussion of each of these items. Emergency Reserve/Committed for Declared Disasters: The $14,125,000 committed for declared disasters was established by the City Council as an emergency reserve. As set forth by Council Resolution 11-27 (June 21, 2011) and Municipal Code Sections 2-206 and 2-207, use of this reserve is limited to the following purposes: 1. To provide required emergency funding as a result of a declared emergency. 2. To provide required funding for an unanticipated but urgent event threatening the public health, safety and welfare of the City such as earthquakes, major unanticipated infrastructure failures and terrorist events. This reserve may only be utilized by resolution of the City Council for the reasons stated above. This amount will be shown as committed fund balance on the City's Comprehensive Annual Financial Report (CAFR). Paired with this reserve is the policy of a minimum monthly cash balance (throughout the fiscal year) in the General Fund of at least $14,000,000. This keeps the reserve funds liquid rather than having them tied up on longer-term investments. The amount presented on the monthly Treasurer's Report will be used to determine the actual ending monthly cash balance. Self-insurance Reserve: The $2,000,000 self-insurance reserve is set by Resolution 11-27 and Municipal Code Section 2-154. The City will maintain a minimum $2,000,000 Committed General Fund Balance to be used to pay actual losses not covered by other Page 6 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 insurance policies or insurance pools. If used, this reserve shall be replenished with funds each fiscal year from the General Fund operating reserve. Other Reserves: The other three categories of reserves listed above are based on specific studies or calculations of what is needed for those programs. The amounts are refreshed annually and recommended to continue as long as required. Reserve Study and Goals: The risks that the City faces, and which should be accounted for in the process of establishing reserves, include economic volatility, major infrastructure failure, natural disasters and other emergencies. A separate study of these risks is prepared and periodically updated to assess each category of risk and recommend an adequate amount of reserves that will enable the City to prepare for them. During the annual budget process, the mid -year budget report and preparation of the five-year financial plan, actual reserve amounts will be compared to recommended amounts. If reserves are below target, recommendations will be made for increasing reserves. DEBT MANAGEMENT: Debt Issuance: The City may issue long-term (exceeding twelve months) for capital projects and fixed assets. All General Fund debt issuances shall identify the method of repayment (or have a dedicated revenue source). The term of the debt should not exceed the life of the asset being financed. The City shall not issue General Fund debt to support ongoing operating costs unless such debt issuance achieves net operating cost savings and such savings are verified by independent analysis. Unfunded Pension Liability: Should the City's pension obligations include an unfunded liability, the City shall develop a plan to reduce and eventually eliminate the unfunded liability. In addition to paying the annual required contribution (that includes amortization of the unfunded pension liability), the City will annually allocate a minimum of $500,000 per year toward reducing the unfunded liability starting with the Fire Side Fund. In addition if the City prepays annual retirement costs, the savings on any prepayment option exercised will be used to make an additional payment to the Fire Side Fund. These actions are intended to pay off the Fire Side Fund in eleven or twelve years; four to five years early. Page 7 of 7 2/13/2015 City of Costa Mesa Financial and Budget Policies February 2015 ATTACHMENT 2 Introduction: The City of Costa Mesa's largest financial responsibility to its residents is the care of public funds. Financial and budget policies are developed by the Finance Department and CEO in order to establish the framework for the overall budget planning and financial management of the City of Costa Mesa. These policies shall periodically be reviewed by the City's Finance Advisory Committee and adopted by the City Council. These policies will help City officials plan fiscal strategy using a consistent approach contributing to the City's fiscal stability and will provide adequate funding of the services desired by the public. The Chief Executive Officer (CEO) will propose a budget within a reasonable amount of time for the City Council and public to review and discuss it before adoption. The budget will be adopted by the City Council by June 30 of each year. If, for some unforeseen reason, the budget is not adopted by June 30, the Council must adopt a continuing appropriations resolution by June 30 that will provide for operations until the budget is adopted. GENERAL REVENUE MANAGEMENT Diversified and Stable Base: The City will seek to maintain a diversified and stable revenue base to protect the City from short-term fluctuations in any one revenue source. Revenues and Grants: Ongoing revenues will be projected using realistic assumptions. Revenue forecasts will be neither overly optimistic nor overly conservative. They will be as realistic as possible based on the best available information. Should economic downturns develop which could result in revenue shortfalls or fewer available resources, the City will make adjustments in anticipated expenditures to compensate. One-time revenues shall be limited for use on non-recurring items including start-up costs, reserve stabilization, capital expenses and early debt retirement. New revenue sources pending legislation or grant approval are not included in the base budget request. They will be considered for addition to the budget during the mid -year budget report process (i.e. when legislation is passed or grants awarded). Fees and Charges for Services: User fees will be imposed to cover the cost of services provided for unique or narrow segments of the community. Fees will normally be set at full cost recovery. Full cost recovery includes direct and indirect costs, overhead and depreciation for the period during which the fee will be in effect. Fees may be set at less than full cost recovery (cost of service may be subsidized) as the City Council deems necessary. Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace with changes in the cost -of -living as well as changes in methods or levels of service delivery. Fees that are set by State law shall be implemented in accordance with those laws. Page 1 of 7 2/19/2015 City of Costa Mesa Financial and Budget Policies February 2015 OPERATING AND CAPITAL BUDGETS Consistency with Council & CEO Priorities: Base operating budget requests shall be consistent with the priorities and operational plans set forth by the City Council, CEO and the City's Financial Policies. Department heads are responsible for using these priorities and plans along with program outcome indicators to evaluate existing programs and redirect existing resources as needed for greater efficiency, to reduce cost and minimize the requests for additional resources. A certification regarding the evaluation of existing resources is required as part of the budget request submittal. Balanced Budget: A balanced budget means that operating revenues must fully cover operating expenditures, including debt service. Under this policy, it is allowable for total expenditures to exceed revenues in a given year by the use of unassigned fund balance. However, in that situation, beginning unassigned fund balance can only be used to fund capital improvement plan projects or other one-time, non-recurring expenditures. Budgets for funds outside the General Fund are balanced to the fund's own revenue sources without General Fund subsidy unless previously approved by the Council or CEO. Salaries & Benefits: The Finance Department budget staff will set the regular salary and employee benefits base budgets based on known changes in bargaining unit MOUs, retirement rates and other employee benefit costs. (See the City Budget Manual for detailed accounts centrally prepared by Finance and those prepared by the departments.) The vacancy factor will initially be set at zero percent (0%) for each department. The vacancy factor may be modified later in the budget process if necessary to reflect actual, projected or targeted vacancy rates. If the vacancy factor is set above zero percent, the resulting salary savings will be included in the non - departmental section of the budget. Services & Supplies: Services and supplies shall be budgeted at the same level as current year budget to the extent they are necessary to support basic operations, Council and CEO goals. Budgeted base amounts may be reduced if an analysis of actual usage reveals ongoing over -budgeting practices. One-time items applicable only to past years operations may to be removed from the base. Percentage of General Fund Budget for Capital Expenditures: The City will allocate a minimum of five percent (5%) of the General Fund budget to capital expenditures and plan a goal of an additional one and one-half percent (1.5%) dedicated to a Capital Facilities Account. This allocation may be annually reviewed by the Finance Advisory Committee. During an economic downturn or in the event of a disaster these allocated funds could be used as a type of reserve for operations. For purposes of this policy, Capital Expenditures are defined as: fixed assets (those capital items with value greater than $5,000), improvements/modifications to buildings/facilities/infrastructure, and improvements/modifications to City owned Page 2 of 7 2/19/2015 City of Costa Mesa Financial and Budget Policies February 2015 parks/fields/open space. These expenditures can be budgeted in either the City's General Fund, Capital Improvement Fund. Contingencies: A contingency line -item of approximately $1,000,000 will be included in the non -departmental section of the budget. This amount will allow the CEO to retain budget flexibility for operations during the fiscal year. The Finance Department and CEO will develop a process to account for requests and approvals of the use of these funds during the fiscal year. Use of these funds, as with all other funds, will comply with the City Purchasing Policy & Procedures. A status report and allocation of the use of these funds will be included in the mid -year budget report. Requests for Budget Increase: All requests for budget increase require outcome indicators that outline the department's intended outcome(s) resulting from the obtaining the additional resources. Multiple requests will be ranked in order of the department's priority for approval. Department heads will certify that all potential alternatives for redirecting existing resources have been examined and that lower priority items have been reduced or eliminated in order to free up existing resources before asking for an increase. Budget Staff and the CEO will conduct a mid -year review of prior year budget increases to determine what prior year budget increases will be funded. Funding for these increases will continue if the CEO and the department agree that: They meet the performance expectations They merit continuation They are still relevant to the department's mission Sufficient funding exists Program Budgets Outside the General Fund: It is the department head's responsibility to ensure that the proposed use of program funds is consistent with the available financing and legal restrictions on funds, the department's mission and the Council's priorities; and has been coordinated with the appropriate stakeholder groups external to the City. Appropriations Limit: The Council will annually adopt a resolution establishing the City's appropriations limit calculated in accordance with Article XIII -B of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affect the City's appropriations limit. GENERAL EXPENDITURE MANAGEMENT: Mid -Year Budget Reviews: The City Council will formally review the budget to actual status of revenues and expenditures as soon as practical when the December actual information is available, and amend the budget if necessary. The mid -year review will Page 3 of 7 2/19/2015 City of Costa Mesa Financial and Budget Policies February 2015 also serve as an opportunity for the Council to discuss and provide input on expectations for the next fiscal year budget. Budgetary Control: The level of budget control exists at the program level. Annual budgets are set at the individual account level however Department Heads will be responsible for not exceeding the overall program budget. The Finance Department will provide monthly budget to actual reports to the City CEO and to each department (Director, Manager or Budget Liaison) for review. It is the responsibility of each department to communicate to Finance when program budgets might be exceeded. This communication is to be before the situation occurs and include the reason or cause for the potential situation. At that time, the most appropriate action will be discussed to resolve any budget shortfalls. Budget Transfers and Adjustments: Budget transfers are shifts of existing resources between divisions, programs and accounts. Department heads are responsible for the efficient and effective use of the resources within their departmental budgets and are required to reallocate existing resources before requesting budget increases. Therefore they are permitted, with the concurrence of the Finance Department, to make budget transfers of resources among the accounts, programs and divisions within their department. If necessary, the CEO may also transfer resources between departments staying within the total appropriations previously authorized by the City Council. Exceptions to this flexibility are transfers out of salaries and benefits (which require CEO or Finance Department approval) and transfers of specific program funds that have restrictions on their use. Budget adjustments are changes that affect the total amount of the City budget. These include appropriation of new grants or other revenues that had not been approved or realized at the time of the June budget adoption. These also include increases or decreases to unassigned fund balance for items were approved but not spent in previous fiscal years or for unanticipated, one-time items that cannot be postponed to the next budget cycle. Budget adjustments must be approved by the City Council. Operating Carryover and Surplus: Operating program appropriations not spent during the first fiscal year may be carried over for specific purposes into the second fiscal year with the approval of the CEO. A fiscal year-end surplus may occur when there is a net increase in fund balance or when there is a positive budget variance. Such a surplus will be reviewed for potential use using the following priorities: 1. Increase reserves if reserves are below target 2. Examine opportunities for prepayment and accelerated payoff of debt 3. Increase funds for capital facilities Page 4 of 7 2/19/2015 City of Costa Mesa Financial and Budget Policies February 2015 Annual Financial Reporting: The City will prepare annual financial statements as follows: 1. The City will contract for an annual audit by a qualified independent Certified Public Accountant. The City will strive to conduct its financial operations in such a way as to obtain an unqualified auditors' opinion. 2. The City will use Generally Accepted Accounting Principles (GAAP) in preparing its annual financial statements, and will strive to meet the requirements of the Government Finance Officer Association (GFOA) Award for Excellence in Financial Reporting program. 3. The City will issue an audited Comprehensive Annual Financial Report (CAFR) no later than 180 days after fiscal year-end. Five -Year Financial Plan: The City will forecast its General Fund revenues and expenditures for each of the next five years and will update this forecast at least every two years. This forecast will be reviewed by the Finance Advisory Committee. MINIMUM GENERAL FUND BALANCE/RESERVE/CASH REQUIREMENTS: Current General Fund reserves consist of committed and assigned fund balance. They are part of the General Fund balance. As of June 30, 2014 they total $26,141,092 and consisted of the following: $ 14,125,000 Committed for declared disasters 2,000,000 Committed for self insurance 4,443,799 Assigned for compensated absences 2,262,032 Assigned for Police Retirement 1% Supplemental 3,310,261 Assigned for Optional Post -Employment Benefits (OPEB) $ 26,141,092 Total Committed and Assigned Fund Balance (Reserves) 20,629,130 Unassigned Fund Balance $ 46,770,222 Total Unassigned Fund Balance & Reserves When reserves are combined with the unassigned fund balance, the total is $46,770,222. The following is a brief discussion of each of these items. Page 5 of 7 2/19/2015 City of Costa Mesa Financial and Budget Policies February 2015 Emergency Reserve/Committed for Declared Disasters: The $14,125,000 committed for declared disasters was established by the City Council as an emergency reserve. As set forth by Council Resolution 11-27 (June 21, 2011) and Municipal Code Sections 2-206 and 2-207, use of this reserve is limited to the following purposes: 1. To provide required emergency funding as a result of a declared emergency. 2. To provide required funding for an unanticipated but urgent event threatening the public health, safety and welfare of the City such as earthquakes, major unanticipated infrastructure failures and terrorist events. This reserve may only be utilized by resolution of the City Council for the reasons stated above. This amount will be shown as committed fund balance on the City's Comprehensive Annual Financial Report (CAFR). Paired with this reserve is the policy of a minimum monthly cash balance (throughout the fiscal year) in the General Fund of at least $14,000,000. This keeps the reserve funds liquid rather than having them tied up on longer-term investments. The amount presented on the monthly Treasurer's Report will be used to determine the actual ending monthly cash balance. Self-insurance Reserve: The $2,000,000 self-insurance reserve is set by Resolution 11-27 and Municipal Code Section 2-154. The City will maintain a minimum $2,000,000 Committed General Fund Balance to be used to pay actual losses not covered by other insurance policies or insurance pools. If used, this reserve shall be replenished with funds each fiscal year from the General Fund operating reserve. Other Reserves: The other three categories of reserves listed above are based on specific studies or calculations of what is needed for those programs. The amounts are refreshed annually and recommended to continue as long as required. Reserve Study and Goals: The risks that the City faces, and which should be accounted for in the process of establishing reserves, include economic volatility, major infrastructure failure, natural disasters and other emergencies. A separate study of these risks is prepared and periodically updated to assess each category of risk and recommend an adequate amount of reserves that will enable the City to prepare for them. During the annual budget process, the mid -year budget report and preparation of the five-year financial plan, actual reserve amounts will be compared to recommended amounts. If reserves are below target, recommendations will be made for increasing reserves. Page 6 of 7 2/19/2015 City of Costa Mesa Financial and Budget Policies February 2015 DEBT MANAGEMENT: Debt Issuance: The City may issue long-term (exceeding twelve months) for capital projects and fixed assets. All General Fund debt issuances shall identify the method of repayment (or have a dedicated revenue source). The term of the debt should not exceed the life of the asset being financed. The City shall not issue General Fund debt to support ongoing operating costs unless such debt issuance achieves net operating cost savings and such savings are verified by independent analysis. Unfunded Pension Liability: Should the City's pension obligations include an unfunded liability, the City shall develop a plan to reduce and eventually eliminate the unfunded liability. In addition to paying the annual required contribution (that includes amortization of the unfunded pension liability), the City will annually allocate a minimum of $500,000 per year toward reducing the unfunded liability starting with the Fire Side Fund. In addition if the City prepays annual retirement costs, the savings on any prepayment option exercised will be used to make an additional payment to the Fire Side Fund. These actions are intended to pay off the Fire Side Fund in eleven or twelve years; four to five years early. Page 7 of 7 2/19/2015 CITY COUNCIL AGENDA REPORT MEETING DATE: March 3, 2015 ITEM NUMBER: NB -2 SUBJECT: General Fund Reserves Study DATE: February 20, 2015 FROM: FINANCE DEPARTMENT PRESENTATION BY: STEPHEN DUNIVENT, INTERIM FINANCE DIRECTOR 714.754,5243 FOR FURTHER INFORMATION CONTACT: STEPHEN DUNIVENT 714,754.5243 RECOMMENDATIONS: 1. Approve a recommended reserves goal of $63,671,535. 2. Approve a plan to add up to $2,000,000 per year to reserves until the City reaches the reserves goal of $63,671,535 in about ten years. BACKGROUND: Current General Fund reserves consist of committed and assigned fund balance are part of the total General Fund balance. As of June 30, 2014 reserves total $26,141,092 and consisted of the fallowing: $14,125,000 Committed for declared disasters • 2,000,000 Committed for self-insurance • 4,443,799 Assigned for compensated absences • 2,262,032 Assigned for Police Retirement 1 % Supplemental • 3,310,261 Assigned for Optional Post -Employment Benefits (OPEB) In addition, there is $20,629,130 in unassigned General Fund balance. Of this amount, $4,000,000 is recommended in the mid -year budget report to be allocated to future capital facilities projects. ANALYSIS: The $14,125,000 committed for declared disasters was established by the City Council as an emergency reserve. As set forth by Council Resolution 11-27 (June 21, 2011) and Municipal Code Sections 2-206 and 2-207, use of this reserve is limited to the following purposes: 1. To provide required emergency funding as a result of a declared emergency, 2. To provide required funding for an unanticipated but urgent event threatening the public health, safety and welfare of the City such as earthquakes, major unanticipated infrastructure failures and terrorist events. At the time this reserve was established, it represented about 15% of the next year's general fund revenues. Paired with this reserve is a policy to maintain a minimum monthly cash balance (throughout the fiscal year) in the General Fund of at least $14,000,000. This keeps the reserve funds liquid (readily available) rather than having them tied up on longer-term investments. The monthly Treasurer's Report tracks actual monthly ending cash balances. The $2,000,000 self-insurance reserve is set by Resolution 11-27 and Municipal Code Section 2-154. The City will maintain a minimum $2,000,000 Committed General Fund Balance to be used to pay actual losses not covered by other insurance policies or insurance pools. If used, this reserve shall be replenished with funds each fiscal year from the General Fund operating reserve. The other three categories of reserves (compensated absences, Police retirement 1% supplemental and OPEB) are based on specific studies or calculations of what is needed for those programs. The amounts are updated at least every two years and recommended to continue as long as required. A common practice in local government is for general reserves or reserve goals to be established as a percentage of General Fund revenues. For example, if the city desired to be able to operate for three to six months in the absence of the inflow of new revenues, it might establish a reserve target or goal of 25 to 50% of general fund revenues. This approach establishes reserves based on desired elapsed survival time rather using past experience or an analysis of potential future risks. The October 2013 edition of Government Finance Review included an article titled "Sizing Your Reserves — A Risk -Based Approach" by Shayne Kavanagh and Kara Skinner. The methodology in this report is largely based on the principles in that article. The risks that the City faces, and which should be accounted for in the process of establishing reserves, include economic volatility, major infrastructure failure, natural disasters and other emergencies. The approach to analyzing these uncertainties is called the triple-A approach: Accept that the City is subject to future uncertainties and risks. Assess the potential impact based on historical baselines. Augment historical data by a factor of 1.5 to recognize the range of uncertainty. With respect to economic conditions, City revenues are highly dependent on sales tax and sales tax can be quite volatile. Sales tax, as well as Transient Occupancy Tax (TOT), can vary much more quickly than property tax. Staff analyzed the past fifteen year history of these three revenue sources to determine a recommended amount of reserves for economic volatility. Sales Tax (Attachment A): Sales tax represents 46% of the City General Fund revenues. The average annual growth rate of sales tax was a fairly constant 4.3% from 2000 to 2008. During 2008, sales tax declined rapidly for two consecutive years and took three years to recover to the previous level. During that time, the revenue loss was $27,757,606. A shorter recovery time would have reduced the loss to $24,156,484. A longer recession and recovery time would have increased the loss to $34,933,779. In assessing the risk of this happening again, we can assume that either a) 100% of the loss E would be covered by reserves, b) one-half would be offset by using reserves and one-half would be offset by cutting expenses, or c) one third would be offset using reserves with larger spending cuts. Using option b applied to the City's actual experience yields an initial reserve amount of $13,878,803. Augmenting this amount by 50% to recognize the range of uncertainty yields a recommended sales tax economic uncertainty reserve of $20,818,204. This type of reserve would also serve to cover a failure, disaster or other event that might take a revenue-producing facility off-line for an extended period of time. TOT (Attachment B): TOT represents 7% of the City General Fund revenues. The average annual growth rate of TOT over the past 15 years has been 4.6% including two recession periods. From 2008 to 2010, TOT declined for three consecutive years and took two years to recover to the previous level. During that time, the revenue loss was $4,775,445. The previous downturn and slower recovery resulted in a slightly lower loss of $4,143,501. A longer recession and recovery time would have increased the loss to $6,763,741. Using the same methodology described above for sales tax including the additional 50% to recognize the range of uncertainty, yields a recommended TOT economic uncertainty reserve of $3,581,583. Property Tax (Attachment C): Property Tax represents 22% of the City General Fund revenues. The average annual growth rate of Property Tax from 2000 to 2008 was 7.9%. Since 2008, the average annual growth rate has slowed to 2.6%. Property tax is less volatile and slower to change than sales tax and TOT. During 2011 and 2012, Property Tax declined for two consecutive years and took one year to recover to the previous level. During that time, the revenue loss was $3,371,980. The previous one-year downturn and two-year recovery resulted is a lower loss of $1,974,366. A longer recession and recovery time would have increased the loss to $5,488,639. Using the same methodology as for sales tax described above including the additional 50% to recognize the range of uncertainty, yields a recommended Property Tax economic uncertainty reserve of $2,528,985. Infrastructure: With respect to the risk of major infrastructure failure, the City does not have an extensive inventory of bridges or storm channels. A discussion with the City Public Services Director resulted in two potential scenarios for consideration—a catastrophic event requiring the rebuild of: 1. Fire Station 1 or 2: $7,100,000 including equipment 2. Communications Facility including equipment: $18,000,000 Staff recommends the using both of the above; $25,100,000 reduced by insurance coverage of $4,200,000 leaving a need for $20,900,000. Increasing this by a 50% uncertainty factor yields an infrastructure reserve of $31,350,000. Natural disasters or other events: With respect to natural disasters and other emergencies, a discussion with the City Fire Chief resulted in three potential scenarios that could apply to a major fire or earthquake or other natural disaster for which Strike Teams would respond into the City and for which the City might be financially responsible. Costs are based on a recent Cal E -M -A survey: 1. Three strike teams for 24 hours: $102,594 2. Three strike teams for 48 hours: $208,187 3. Three strike teams for 72 hours: $307,781 3 Staff recommends number 3 above ($307,781) with a 50% uncertainty factor for a natural disaster reserve of $461,671. This amount would also serve as a reserve for the Police Department in the event of a terrorist threat or other emergency threatening the public safety. Budgeted Capital Projects: In developing a target for recommended reserves, we can also account for the impact of our budget goal of 5% (currently $5,450,000) of general fund revenues being dedicated to Capital Projects with an additional 1.5% ($1,635,000) for Capital Facility Improvements as a goal for next fiscal year. This means that the budget would contain up to $7,085,000 in appropriations that could be diverted for emergency purposes if needed. Summary: The following chart summarizes the existing resources and recommended reserves: Self -Insurance Compensated Absences Police 1 % Supp. Retirement Opt. Post -Employment Benefits Economic Reserves Sales Tax TOT Property Tax Res. 11-27 Declared Disasters/Infrastructure Natural Disasters/Other Unassigned Fund Balance Subtotal Adjustment for Capital Appropriations Total Existing Recommended Resources Reserves Gap 2,000,000 2,000,000 4,443,799 4,443,799 2,262,032 2,262,032 3,310,261 3,310,261 Recommended reserves total $63,671,535. There currently is a $20,901,313 gap between existing resources and recommended reserves if we include the unassigned fund balance. This gap could be closed over future years by either budgeting annual contributions to reserves or by allocating a portion of any fiscal year-end surplus to reserves until the $63,671,535 goal is met in about 10 years. ALTERNATIVES CONSIDERED: More optimistic assumptions about economic, infrastructure, natural disaster and other risks could be used thereby lowering the goal and reducing or eliminating the gap. More pessimistic assumptions could also be used thereby increasing the goal and the gap. Sensitivity analysis on the various risk factors is included in the analysis section above and in the attachments. n 20,818,204 20,818,204 3,581,583 3,581,583 2,528,985 2,528,985 14,125,000 31,350,000 17,225,000 461,671 461,671 20,629,130 (20,629,130) 46,770,222 70,756,535 23,986,313 (4,000,000) (7,085,000) (3,085,000) $ 42,770,222 $ 63,671,535 $ 20,901,313 Recommended reserves total $63,671,535. There currently is a $20,901,313 gap between existing resources and recommended reserves if we include the unassigned fund balance. This gap could be closed over future years by either budgeting annual contributions to reserves or by allocating a portion of any fiscal year-end surplus to reserves until the $63,671,535 goal is met in about 10 years. ALTERNATIVES CONSIDERED: More optimistic assumptions about economic, infrastructure, natural disaster and other risks could be used thereby lowering the goal and reducing or eliminating the gap. More pessimistic assumptions could also be used thereby increasing the goal and the gap. Sensitivity analysis on the various risk factors is included in the analysis section above and in the attachments. n CONCLUSION: The City is fortunate to have existing reserves and unassigned fund balance. Existing reserves are lower than recommended. Having categories of reserves such as those recommended above makes the purpose and need for reserves more transparent. Having a goal for reserves and plan to meet that goal strengthens the City's financial position. Stephen Dunivent Interim Finance Director Tmas etch CEO Attachments: Attachment A Sales Tax Volatility Attachment B Transient Occupancy Tax Volatil Attachment C Property Tax Volatility 5 Attachment A City of Costa Mesa Sales Tax Volatility x 1.5% Augmentation Factor 41,636,408 20,818,204 13,740,015 Reserve Recommendation 20,818,204 Sales Tax :.. 60000000 __. __.. _.. _... .._ _... _.. 50000000 !. 40000000 30000000 -.. ... ... ._. _ _._._ _ _. . _... ........ 20000000 __ ... _. .._. _._. _.._._. .. .. _... _._ '.... 1.0000000 ...._. .. _.... . _.. .__ ......... .._.._ __ _._... .. _. FY FY FY FY FY FY FY FY rY FY FY FY FY FY FY FY 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 Amount $ Change % Change Annual Loss FY 99-00 Actual $ 32,650,942 FY 00-01 Actual 36,117,543 3,466,601 10.6% FY 01-02 Actual 34,460,553 (1,656,990) -4.6% FY 02-03 Actual 35,527,005 1,066,452 3.1% FY 03-04 Actual 40,244,632 4,717,627 13.3% FY 04-05 Actual 42,714,022 2,469,390 6.1% FY 05-06 Actual 45,116,231 2,402,209 5.6% FY 06-07 Actual 42,601,119 (2,515,112) -5.6% FY 07-08 Actual 45,835,428 3,234,309 7.6% FY 08-09 Actual 38,659,255 (7,176,173) -15.7% 7,176,173 FY 09-10 Actual 34,516,830 (4,142,425) -10.7% 11,318,598 FY 10-11 Actual 40,173,715 5,656,885 16.4% 5,661,713 FY 11-12 Actual 42,234,307 2,060,592 5.1% 3,601,121 FY 12-13 Actual 45,830,110 3,595,803 8.5% FY 13-14 Actual 49,264,633 3,434,523 7.5% FY 14-15 Adopted 50,169,000 904,367 1.8% Reserve Study Reduction Scenarios: Percent of Loss Covered by Reserves Recession/Recovery Years Loss 100% 50% 33% 2/2 what if scenario 24,156,484 24,156,484 12,078,242 7,971,640 2/3 actual experience 27,757,606 27,757,606 13,878,803 9,160,010 3/3 what if scenario 34,933,779 34,933,779 17,466,889 11,528,147 x 1.5% Augmentation Factor 41,636,408 20,818,204 13,740,015 Reserve Recommendation 20,818,204 Attachment 8 City of Costa Mesa Transient Occupancy Tax Volatility Transient Occupancy Tax $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 _ $4,000,000 -- $3,000,000 -.. _.__.... _.__. ...._._. _... .... $2,000,000 $1,000,000 _ T._._.._._. ... FY 99 -FY 00 -FY 01 -FY 02 -FY 03 -FY 04 -FY 05 -FY 06 -FY 07 -FY 08 -FY 09 -FY 10 -FY 11 -FY 12 -FY 13 -FY 14- 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 Reserve Study Reduction Scenarios: Amount $ Change % Change 100% Annual Loss FY 99-00 Actual $ 4,118,044 4,143,501 2,071,751 1,367,355 3/2 actual experience FY 00-01 Actual 4,856,772 738,728 17.9% 6,763,741 6,763,741 FY 01-02 Actual 3,865,823 -990,949 -20.4% 3,581,583 1,112,368 FY 02-03 Actual 3,799,682 -66,141 -1.7% 1,302,964 FY 03-04 Actual 4,221,661 421,979 11.1% 1,008,551 FY 04-05 Actual 4,641,350 419,689 9.9% 719,618 FY 05-06 Actual 5,465,320 823,970 17.8% FY 06-07 Actual 5,959,556 494,236 9.0% FY 07-08 Actual 5,791,004 -168,552 -2.8% 272,845 FY 08-09 Actual 4,719,158 -1,071,846 -18.5% 1,450,808 FY 09-10 Actual 4,268,984 -450,174 -9.5% 2,008,956 FY 10-11 Actual 5,344,968 1,075,984 25.2% 1,042,836 FY 11-12 Actual 6,524,510 1,179,542 22.1% FY 12-13 Actual 7,257,695 733,185 11.2% FY 13-14 Actual 7,676,090 418,395 5.8% FY 14-15 Adopted 8,040,000 363,910 4.7% Reserve Study Reduction Scenarios: Reserve Recommendation 3,581,583 Percent of Loss Covered by Reserves Recession/Recovery Years Loss 100% 50% 33% 2/3 what if scenario 4,143,501 4,143,501 2,071,751 1,367,355 3/2 actual experience 4,775,445 4,775,445 2,387,722 1,575,897 3/3 what if scenario 6,763,741 6,763,741 3,381,871 2,232,035 x 1.5% Augmentation Factor 7,163,167 3,581,583 2,363,845 Reserve Recommendation 3,581,583 Attachment C -. 10000000 _.. _.. _.. _..._. _..... _. ._.... _.._ 5000000 .._ ..._ _.... .- ___... _. _.... .. ''.. 0 __. ..... ___ .... _._ _..... __. ''.. FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY '.. 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 Amount $ Change % Change Annual Loss FY 99-00 Actual $ 12,014,386 FY 00-01 Actual 13,042,132 1,027,746 8.6% FY 01-02 Actual 13,899,162 857,030 6.6% FY 02-03 Actual 14,831,878 932,717 6.7% FY 03-04 Actual 15,757,927 926,049 6.2% FY 04-05 Actual 15,744,075 -13,852 -0.1% 1,038,117 FY 05-06 Actual 16,936,786 1,192,711 7.6% 936,249 FY 06-07 Actual 19,399,292 2,462,506 14.5% FY 07-08 Actual 20,678,900 1,279,607 6.6% FY 08-09 Actual 21,202,141 523,241 2.5% FY 09-10 Actual 21,322,014 119,873 0.6% FY 10-11 Actual 20,748,997 -573,017 -2.7% 1,255,321 FY 11-12 Actual 20,591,798 -157,199 -0.8% 2,116,659 FY 12-13 Actual 23,172,595 2,580,797 12.5% FY 13-14 Actual 22,821,008 -351,587 -1.5% FY 14-15 Adopted 24,027,000 1,205,992 5.3% Reserve Study Reduction Scenarios: Percent of Loss Covered by Reserves Recession/Recovery Years Loss 100% 50% 33% 1/2 actual experience 1,974,366 1,974,366 987,183 651,541 2/1 actual experience 3,371,980 3,371,980 1,685,990 1,112,753 2/2 what if 5,488,639 5,488,639 2,744,320 1,811,251 x 1.5% Augmentation Factor 5,057,970 2,528,985 1,669,130 Reserve Recommendation 2,528,985 CITY COUNCIL AGENDA REPORT MEETING DATE: March 3, 2015 ITEM NUMBER: NB -3 SUBJECT: FISCAL YEAR 2014-15 MID -YEAR BUDGET REPORT DATE: February 20, 2015 FROM: FINANCE DEPARTMENT PRESENTATION BY: STEPHEN DUNIVENT, INTERIM FINANCE DIRECTOR FOR FURTHER INFORMATION CONTACT: STEPHEN DUNIVENT; INTERIM FINANCE DIRECTOR, (714) 754-5243 RECOMMENDED ACTIONS: 1. Approve allocation of the FY 2013-14 net budget variance: a. $2,000,000 to reserves b. $4,000,000 transfer to Capital Projects designated for capital facility projects 2. Approve recommended FY 2014-15 budget adjustments: a. Parks &Community Services b. Police Department c. Vehicle Replacement Fund BACKGROUND: The City Council adopted the FY 2014-15 budget on June 17, 2014. The total budget was $138,321,084 including the General Fund budget of $109,451,662, In October 2014, as the FY 2013-14 financial records were being closed, a General Fund net budget variance of $6 million was reported. This report reviews the FY 2013-14 net budget variance, the status of FY 2014-15 General Fund revenues, expenditures and other budget issues. ANALYSIS - FY 2013-14 net budget variance: Last fiscal year, revenues exceeded expenses and there were overall net positive budget variances. These variances are partly reduced by encumbrances (open purchase orders or contracts with unspent balances). These amounts have been reported in the recently published FY 2013-14 Comprehensive Annual Financial Report (CAFR) and are summarized in the following table for the City's General Fund: Revenues Expenditures Transfers Net change in fund balance Carryovers & encumbrances Net budget variance Original Budget $103,250,486 95,684,648 7,506,623 $ 59,215 Final Budget $105,159,033 101,127,122 9,093,127 Budget Actual Variance $107,395,938 $2,236,905 93,748,045 7,379,077 9,094,008 (881) $ 4,553,885 9,615,101 (3,268,475) $ 6,346,626 Positive revenue variances were primarily from additional distributions received from the Lehman Brothers investment, sales tax, transient occupancy tax, franchise fees and building and other permits. Positive spending variances (actuals below budget) were primarily in regular salaries and related employee costs, potential property acquisition funds, internal rent—equipment maintenance partly offset by additional spending on overtime due to vacant positions. The combination of these factors result in an overall increase in fund balance rather than the planned use of fund balance contemplated in last year's mid -year report. As there are many significant needs and potential uses for the net budget variance, including capital projects such as the library, community center and fire stations, significant unfunded pension liabilities and the opportunity to increase reserves, recommendations regarding the use of the net budget variance are as follows: 1. Set aside $3,268,475 for carryovers including $1,000,000 for potential property acquisition. 2. Allocate the net budget variance of $6,346,626 as follows: a. $2,000,000 to reserves b. $4,000,000 to Capital Projects (targeted for capital facility projects) c. Leave the remaining balance in unassigned fund balance The Finance Advisory Committee reviewed a draft of this report along with the draft budget and financial policies. The Committee recommended the following priorities for use of the net budget variance: 1. Increase reserves if reserves are below target. 2. Examine opportunities for prepayment and accelerated payoff of debt. 3. Allocate additional funds to capital facilities. The recommendation above is consistent with increasing reserves and capital facilities. The miscellaneous group) and additional payments to address the City's debt with the highest interest cost. FY 2014-15 General Fund Revenues: the Committee's priorities regarding City's pension prepayment (for the unfunded liability currently begin to Total year-to-date General Fund revenue by month is displayed in Attachment 1. The graph displays last fiscal year actual revenue, current fiscal year-to-date budget allocated in the same proportion as last fiscal year actual and year-to-date actual revenues by month. Through December 31, total General Fund revenue is $36,631,740; 4.8% over year-to-date 2 budget plan. Revenues are generally on track with budget expectations with positive variances in secured property tax, sales tax, building permits and other building -related fees and permits. Revenue from parking citations is running below year-to-date budget expectations and are being monitored. Overall, total revenue is expected to be on budget by fiscal year end. Attachment 2 provides revenue detail by category and account. FY 2014-15 General Fund Expenditures: Year-to-date General Fund expenditures by month are displayed in Attachment 3. The graph displays last fiscal year actual expenditures, current fiscal year-to-date budget allocated in the same proportion as last fiscal year actual and year-to-date actual expenditures by month. Attachment 4 displays employee costs in the same format. Through December 31, total General Fund expenditures are $52,315,040; 6.8% below year- to-date budget plan. A few exceptions are above -budget use of part-time help and overtime due to vacant positions and will be offset by salary savings. Overall, total expenditures are expected to be below budget by fiscal year end. Attachment 5 provides expenditure detail by division and major expenditure category. General Fund Department Items: Parks & Community Services: • The Hoag Hospital Benefit Program recently awarded the city a $106,710 grant for the Senior Medical Transportation Program. These funds will be used to provide round-trip transportation for seniors from the Costa Mesa Senior Center to their medical appointments. It is recommended that the Parks & Community Services revenue and expense budget be increased to recognize and make use of these funds. • Macy's donated $1,165 to Shiffer Park as part of their Heart Your Park Campaign. Customers were asked to give back to their local park by donating $1 or more at check-out. Donations were made last March; received by the City in June and held pending a discussion with the Parks & Recreation Commission on their use. Parks & Community Services staff recommend using the funds to purchase and plant ten tulip trees in the park. It is recommended that the Parks & Community Services revenue and expense budget be increased to recognize the receipt and use of these funds. (budget adjustment 15-004 on file with the Finance Department) Police Department • The City's balance of the County allocation of 2012 State Proposition 69 funds (related to the collection and use of criminal offender DNA samples) is $29,518. These funds need to be budgeted as they have been approved for the replacement of the department's freezer and for the purchase of heavy duty storage containers for homicide cases. (budget adjustment 15-011 on file with the Finance Department) Allocation of Contingencies: The current Non -Departmental section of the General Fund budget includes a $1,000,000 contingency appropriation. The CEO added $80,000 to this amount from part-time salary savings. Attachment 6 lists $717,127 in items that the City Council and/or the CEO has approved for use by the various departments and divisions listed. It is recommended that these appropriations be transferred out of the General Fund Non -departmental contingency account and into the various General Fund department budgets for the purposes indicated on Attachment 6. This will result in a revised balance of $362,873 in this account. 3 Attachment 7 summarizes all recommended changes to the FY 2014-15 General Fund budget. The revised General Fund budget is $112,857,530 including carryovers. Other Funds: Fund 601 Vehicle Replacement: Several items were requested for this fund that were not originally included in the FY 2014- 15 budget. The following items have been reviewed and are recommended for funding from the Fund 601 carry over funds and are partially offset by a reduction in the overtime budget: Cost Purpose $ 1,005 Increase in mechanic certification cost 1,620 On-line vehicle repair manuals 10,700 Replace metal cutter, welder, A/C coolant recycler 9,000 Emergency generator testing and repair contract 50,000 Fire apparatus and motorcycle repairs by support contract (6,000) Reduced need for overtime $ 66,325 Total CONCLUSION: The review and approval of the recommended budget changes will update the City's budget to reflect the current revenue expectations and expenditure requirements that help enable the City to continue providing the community with quality programs and services. Stephen Dunivent Interim Finance Director X'W, ��1 omas R. Hatch City CEO Attachments: 1. General Fund Revenue Chart 2. Budget to Actual Analysis - General Fund Revenues 3. General Fund Total Expenditure Chart 4. General Fund Salary & Benefit Chart 5. Budget to Actual Analysis - General Fund Expenditures 6. Contingency Funds 7. Mid -year Budget Report Summary - General Fund M Attachment 1 Current 12/31/14 Based Variance Actual Percent Variance FY 2013-14 Modified on Prior Year Actual as of to Projection as Actual to Projectior Actual Budget Actuals 12/31/14 of 12/31/14 as of 12/31/14 107.4 109.5 35.0 36.6 1.668 4.77°/ Attachment 2 CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS - GENERAL FUND REVENUES BY CATEGORY AS OF DECEMBER 31, 2014 ACCOUNT DESCRIPTION Adopted FY 14-15 Actual Increase 12/31/14 (Decrease) Mid -Year Revised Property Tax- Secured $ 21,936,000 $ 11,237,019 $ $ 21,936,000 Property Tax - Unsecured 752,000 597,302 752,000 Property Tax - Supplemental 469,000 233,073 469,000 PropertyTax- Homeowners 160,000 23,433 160,000 Delinquent Tax - Penalties/Int 60,000 29,929 60,000 Property Transfer Tax 650,000 200,103 650,000 Sales & Use Tax 37,563,000 13,036,299 37,563,000 Sales Tax In -Lieu 12,606,000 - 12,606,000 Transient Occupancy Tax 8,040,000 3,208,100 8,040,000 Electric Utility Franchise Tax 1,272,000 - 1,272,000 Cable TV Franchise Tax 1,300,000 294,568 1,300,000 PEG Cable Franchise Fee 100,000 25,247 100,000 Gas Utility Franchise Tax 250,000 - 250,000 Business License 954,000 429,594 954,000 Business License Web - (3,902) - Solid Waste Hauler Franchise Fee 1,945,000 490,216 1,945,000 Total Taxes $ 88,057,000 $ 29,800,980 $ $ 88,057,000 Dog License $ 105,000 $ 46,090 $ $ 105,000 Fire Permits 100,000 56,229 100,000 Building Permits 1,111,000 493,702 1,111,000 Electric Permits 173,000 76,108 173,000 Plumbing/Mechanical Permits 212,000 89,056 212,000 Street Permits 222,000 117,455 222,000 Special Business Permits 500 215 500 Home Occupation Permits 15,000 5,474 15,000 Operator's Permits 4,000 900 4,000 Other Permits 35,000 16,232 35,000 Total Licenses & Permits $ 1,977,500 $ 901,460 $ $ 1,977,500 Municipal Code Violations $ 190,000 $ 56,094 $ $ 190,000 Vehicle Code Violations 515,000 144,347 515,000 Parking Citations 725,000 293,242 725,000 Red Light Camera Violations 55,000 10,930 55,000 Total Fines & Forfeitures $ 1,485,000 $ 504,612 $ $ 1,485,000 Investment Earnings $ 275,000 $ 977,225 $ $ 275,000 GASB 31 Market Value Adjustment - - - - Otherinterest 21,427 21,426 - 21,427 Buildings/Grounds, Rental 213,000 105,765 - 213,000 Rental - Downtown Comm. Center 24,000 7,238 - 24,000 Rental - Balearic Center 13,000 8,485 - 13,000 Rental - Neighborhood Comm. Ctr. 135,000 48,346 - 135,000 Rental - Senior Center - 27,943 - - Rental - Fields 135,000 34,471 - 135,000 Rental- Tennis 43,000 22,926 - 43,000 Rental - Golf Course Operations 2,228,000 925,660 - 2,228,000 Rental - Bus Shelter Ads 105,000 38,258 - 105,000 Total Use of Money & Property $ 3,192,427 $ 2,217,744 $ $ 3,192,427 Page 1 of 3 F:\FINANCE\BUDGET\2014-15 Budget Info\Mid-year report\Attach 2 - Rev Est Rev Summ 14-15.xlsx Attachment 2 CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS - GENERAL FUND REVENUES BY CATEGORY AS OF DECEMBER 31, 2014 Adopted Actual Increase Mid -Year ACCOUNT DESCRIPTION FY 14-15 12/31/14 (Decrease) Revised Motor Vehicle In -Lieu Tax Property Tax In -Lieu of VLF Peace Officers. Stand/Training Other Federal Grants Beverage Container Program Reimbursement of Mandated Costs OCTA Regional Grant OCTA-SAAV Other State Grants Other County Grants Reimb. from CMRA Reimb. - Oth Governmental Agencies Total Other Govt. Agencies Zoning/Variance/CUP Fees Subdivision Map Fees Environmental Impact Fees Plan Checking Fee Vacation/Abandonment of ROW Source Reduction/Recycling Special Policing Fees Vehicle Storage/Impound Fees Vehicle Code Violation Fee Repo Vehicle Release Fee DUI/Emergency Response Jail Booking Fees - City Police False Alarms Fingerprinting Animal Pound Fees Fire Cost Recovery Fire Inspections Hazmat Disclosure Fee EMS - First Responder Fee Paramedic Fee - Advanced Medical Supply Reimbursement Fire False Alarms Accident Cost Recovery Dispatch/Phone Svc. in 911 Center Park Permits Park Improvements Recreation - Aquatics Recreation - Day Camp Recreation - Playgrounds Special Events Recreation - Early Childhood Instructional Classes Subtotal Fees & Charges 50,000 $ 48,020 $ - $ 50,000 9,400,000 (656) - 9,400,000 120,000 12,752 - 120,000 460,000 164,256 - 460,000 30,000 300 - 30,000 50,000 143,691 - 50,000 78,000 31,334 29,518 107,518 117,000 $ 72,990 $ $ 117,000 20,000 11,560 20,000 25,000 21,977 25,000 310,000 145,977 310,000 150 300 150 25,000 3,660 25,000 475,000 307,859 475,000 240,000 62,060 240,000 7,500 1,610 7,500 2,000 1,725 2,000 50,000 (17,367) 50,000 135,000 15,364 135,000 170,000 152,838 170,000 50,000 30,642 50,000 - (312) - - 5,000 3,300 - 5,000 100,000 114,994 - 100,000 250,000 79,477 - 250,000 250,000 92,780 - 250,000 110,000 32,724 - 110,000 7,500 (405) - 7,500 20,000 17,108 - 20,000 39,000 15,206 39,000 8,000 2,355 8,000 89,000 50,450 - 89,000 151,000 29,882 - 151,000 251,000 149,343 - 251,000 20,000 13,650 - 20,000 120,000 34,303 - 120,000 450,000 179,788 450,000 $ 3,497,150 $ 1,625,838 $ $ 3,497,150 Page 2 of 3 F:\FINANCE\BUDGET\2014-15 Budget Info\Mid-year report\Attach 2 - Rev Est Rev Summ 14-15.xlsx Attachment 2 CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS -GENERAL FUND REVENUES BY CATEGORY AS OF DECEMBER 31, 2014 Adopted Actual Increase Mid -Year ACCOUNT DESCRIPTION FY 14.15 12/31/14 (Decrease) Revised Recreation - Basketball Recreation - Softball Recreation - Open Gym Teen Camp Other Adult Sports Senior Center Charges Photocopies Police Reports Police Clearance Letters Sale - Maps & Publications Sale - Miscellaneous Supplies Central Services Reimb Charges for Other Services Special Assessments Total Fees & Charges Contributions Sponsorship Naming Rights Donations Reimbursements Reimb. - Const. Permit Insp. Fees Reimb. - Overtime Construction Damage to City Property Civil Subpoena Costs Other Reimbursements Sale - Other Equipment Other Total Other Revenues Total Revenues Operating Transfers In Nonoperating Income - Other Total Other Financing Sources $ 37,000 10,124 37,000 120,000 37,174 120,000 3,500 1,085 3,500 33,000 7,353 33,000 - 9,382 - - 2,500 1,617 - 2,500 35,000 12,192 - 35,000 4,000 2,460 - 4,000 1,000 426 - 1,000 1,000 515 - 1,000 - 18,649 - - 10,000 6,768 - 10,000 15,000 1,149 - 15,000 $ 3,759,150 $ 1,734,730 $ - $ 3,759,150 $ 164,000 $ 1,500 $ - $ 164,000 34,585 - - 34,585 3,496 1,165 1,165 73,000 41,755 73,000 5,000 31,917 5,000 15,000 4,375 - 15,000 275,000 117,263 106,710 381,710 1,000 882 - 1,000 $ 109,451,662 $ 36,005,274 $ 137,393 $ 109,589,055 - $ 80 Total Fund 101 $ 109,451,662 $ 36,631,740 $ 137,393 $ 109,589,055 Page 3 of 3 F:\FINANCE\BUDGET\2014-15 Budget Info\Mid-year report\Attach 2 - Rev Est Rev Summ 14-15.xlsx Attachment 3 Current 12/31/14 Based Variance Actual Percent Variance FY 2013-14 Modified on Prior Year Actual as of to Projection as Actual to Projection Actual Budget Actuals 12/31/14 of 12/31/14 as of 12/31/14 Total GFE 102.6 115.6 55.4 52.3 (3.070) -5.54% (In Millions) Attachment 4 FY 2014-15 Projected at Current 12/31/14 Based Variance Actual Percent Variance FY 2013-14 Modified on Prior Year Actual as of to Projection as Actual to Projection Actual Budget Actuals 12/31/14 of 12/31/14 as of 12/31/14 Total S&EB 71.7 81.8 37.9 35.3 (2.576) -6.790o Attachment 5 CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS - GENERAL FUND EXPENDITURES BY DEPARTMENT/DIVISION AS OF DECEMBER 31, 2014 GENERALFUND YTD Remaining Adopted Expended Balance Percent Department/Division FY 14.15 12.31-14 12-31-14 Remaining City Council Salaries & Benefits $ 351,362 $ 184,339 $ 167,023 47.54% Maintenance & Operations 8,725 20,285 (11,560) -132.49% Fixed Assets - 3,150 (3,150) - Tota City Council $ 360,087 $ 207,773 $ 152,314 42.30% CEO's Office Salaries & Benefits $ 2,881,456 $ 1,275,291 $ 1,606,165 55.74% Maintenance & Operations 761,420 306,512 454,908 59.74% Fixed Assets - 702 (702) - Total City Manager $ 3,642,876 $ 1,582,505 $ 2,060,371 56.56% Human Resources Salaries & Benefits $ 851,792 $ 371,213 $ 480,579 56.42% Maintenance & Operations 462,780 139,305 323,475 69.90% Fixed Assets - - - - Total Personnel Division $ 1,314,572 $ 510,518 $ 804,054 61.16% Risk Management Salaries & Benefits $ 2,405,496 $ 778,826 $ 1,626,670 67.62% Maintenance & Operations 54,475 15,861 38,614 70.88% Fixed Assets - - - - Total Risk Management $ 2,459,971 $ 794,687 $ 1,665,284 67.70% City Clerk Salaries & Benefits $ 510,164. $ 222,775 $ 287,389 56.33% Maintenance & Operations 128,590 81,751 46,839 36.42% Fixed Assets - - - - Total City Clerk $ 638,754 $ 304,526 $ 334,228 52.32% City Attorney Salaries & Benefits $ - $ - $ - - Maintenance & Operations 803,000 633,053 169,947 21.16% Fixed Assets - - - - Total City Attorney $ 803,000 $ 633,053 $ 169,947 21.16% Finance Administration Salaries & Benefits $ 359,865 $ 120,605 $ 239,260 66.49% Maintenance & Operations 122,181 34,748 87,433 71.56% Fixed Assets - - - - TotalFinance Admin. $ 482,046 $ 155,353 $ 326,693 67.77% Financial Operations Salaries & Benefits $ 1,272,539 $ 582,484 $ 690,055 54.23% Maintenance & Operations 190,700 81,279 109,421 57.38% Fixed Assets - - - - Total Financial Operations $ 1,463,239 $ 663,763 $ 799,476 54.64% Page 1 of 4 Attachment 5 CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS - GENERAL FUND EXPENDITURES BY DEPARTMENT/DIVISION AS OF DECEMBER 31, 2014 GENERALFUND YTD Remaining Adopted Expended Balance Percent DepartmenNDivision FY 14-15 12-31-14 12-31.14 Remaining Financial Planning Salaries & Benefits $ 776,046 $ 257,116 $ 518,930 66.87% Maintenance & Operations 21,172 94,190 (73,018) -344.88% Fixed Assets - - - - Total Financial Planning $ 797,218 $ 351,306 $ 445,912 55.93% Information Technology Salaries & Benefits $ 1,650,305 $ 775,034 $ 875,271 53.04% Maintenance & Operations 1,050,524 452,630 597,894 56.91% Fixed Assets 102,152 113,231 (11,079) -10.85% Total Management Info. $ 2,802,981 $ 1,340,895 $ 1,462,086 52.16% Police Administration Salaries & Benefits $ 2,062,056 $ 1,043,227 $ 1,018,829 49.41% Maintenance & Operations 577,637 203,267 374,370 64.81% Fixed Assets - - - - TotalPoliceAdmin. $ 2,639,693 $ 1,246,494 $ 1,393,199 52.78% Police Field Operations Salaries & Benefits $ 21,013,152 $ 9,072,750 $ 11,940,402 56.82% Maintenance & Operations 1,591,951 432,770 1,159,181 72.82% Fixed Assets - 12,404 (12,404) - Total Police Field Oper. $ 22,605,103 $ 9,517,924 $ 13,087,179 57.89% Police Support Services Salaries & Benefits $ 14,381,367 $ 5,341,451 $ 9,039,916 62.86% Maintenance & Operations 2,317,733 863,984 1,453,749 62.72% Fixed Assets - 262 (262) - Total Police Support $ 16,699,100 $ 6,205,697 $ 10,493,403 62.84% Fire Administration Salaries & Benefits $ 1,702,199 $ 701,375 $ 1,000,824 58.80% Maintenance & Operations 126,956 141,090 (14,134) -11.13% Fixed Assets - - - - TotalFireAdmin. $ 1,829,155 $ 842,465 $ 986,690 53.94% Fire Suppression Salaries & Benefits $ 16,739,713 $ 8,092,999 $ 8,646,714 51.65% Maintenance & Operations 891,339 311,993 579,346 65.00% Fixed Assets - - - - Total Fire Suppression $ 17,631,052 $ 8,404,992 $ 9,226,060 52.33% Fire Prevention Salaries & Benefits $ 406,984 $ 177,719 $ 229,265 56.33% Maintenance & Operations 207,891 66,582 141,309 67.97% Fixed Assets - - - - Total Fire Prevention $ 614,875 $ 244,301 $ 370,574 60.27% Page 2 of 4 Attachment 5 CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS - GENERAL FUND EXPENDITURES BY DEPARTMENT/DIVISION AS OF DECEMBER 31, 2014 GENERALFUND YTD Remaining Adopted Expended Balance Percent Department/Division FY 14-15 12.31.14 12-31-14 Remaining Development Serv. Admin Salaries & Benefits $ 481,315 $ 207,228 $ 274,087 56.95% Maintenance & Operations 181,231 73,857 107,374 59.25% Fixed Assets - _ _ Total Development Serv. $ 662,546 $ 281,086 $ 381,460 57.57% Planning Salaries & Benefits $ 1,329,537 $ 477,830 $ 851,707 64.06% Maintenance & Operations 225,495 154,407 71,088 31.53% Fixed Assets - 269 (269) - TotalPlanning $ 1,555,032 $ 632,506 $ 922,526 59.33% Buldina Safetv Salaries & Benefits $ 1,974,899 $ 781,273 $ 1,193,626 60.44% Maintenance & Operations 322,843 111,229 211,614 65.55% Fixed Assets _ _ Total Building Safety $ 2,297,742 $ 892,502 $ 1,405,240 61.165/b Public Services Admin. Salaries & Benefits $ 655,343 $ 263,292 $ 392,051 59.82% Maintenance & Operations 796,970 370,936 426,034 53.46% Fixed Assets - _ _ _ Total Public Serv. Adm. $ 1,452,313 $ 634,228 $ 818,085 56.33% Engineering Salaries & Benefits $ 1,680,858 $ 530,869 $ 1,149,989 68.42% Maintenance & Operations 316,835 133,304 183,531 57.93% Fixed Assets - 3,133 (3,133) - TotalEngineering $ 1,997,693 $ 667,307 $ 1,330,386 66.60% Transportation Services Salaries & Benefits $ 735,004 $ 333,596 $ 401,408 54.61% Maintenance & Operations 1,779,175 567,611 1,211,564 68.10% Fixed Assets - _ _ _ Total Transportation $ 2,514,179 $ 901,207 $ 1,612,972 64.16% Recreation Division Salaries & Benefits $ 2,568,035 $ 1,176,595 $ 1,391,440 54.18% Maintenance & Operations 2,019,514 778,499 1,241,015 61.45% Fixed Assets - 19,873 (19,873) - Total Recreation Div. $ 4,587,549 $ 1,974,967 $ 2,612,582 56.95% Maintenance Services Salaries & Benefits $ 4,375,326 $ 1,854,750 $ 2,520,576 57.61% Maintenance & Operations 5,016,010 2,218,443 2,797,567 55.77% Fixed Assets - _ _ _ Total Maintenance Serv. $ 9,391,336 $ 4,073,193 $ 5,318,143 56.63% Page 3 of 4 Attachment 5 RECAP: CITY OF COSTA MESA BUDGET TO ACTUAL ANALYSIS - GENERAL FUND EXPENDITURES Salaries & Benefits $ 78,839,626 $ BY DEPARTMENT/DIVISION $ 43,490,439 55.16% Maintenance & Operations AS OF DECEMBER 31, 2014 11,287,358 13,705,461 GENERALFUND Fixed Assets 102,152 153,025 (50,873) YTD Remaining 5,517,067 5,525,471 Adopted Expended Balance Percent Department/Division FY 14-15 12-31.14 12-31.14 Remaining Non -Departmental Salaries & Benefits $ (2,325,187) $ 726,551 $ (3,051,738) 131.25% Maintenance & Operations 5,017,672 2,999,770 2,017,902 40.22% Transfers Out 5,517,067 5,525,471 (8,404) - Total Non -Departmental $ 8,209,552 $ 9,251,792 $ (1,042,240) -12.70% RECAP: Salaries & Benefits $ 78,839,626 $ 35,349,187 $ 43,490,439 55.16% Maintenance & Operations 24,992,819 11,287,358 13,705,461 54.84% Fixed Assets 102,152 153,025 (50,873) -49.80% Transfers Out 5,517,067 5,525,471 (8,404) - Grand Total $ 109,451,662 $ 52,315,040 $ 57,136,622 52.20% Page 4 of 4 Attachment 6 2014-15 Allocation of General Fund Contin-gency Account as of 01-27-2015 Be innin Balance $1,080,000.00 Total Available $1,080,000.00 CEO/City Council Amicus for group homes/Newport Beach 10,000.00 Best Best & Krieger (election and CEQA assistance) 25,000.00 Elections: spent to date 6,773 CEQA assistance: spent to date 980 Stipend for girls Inc. externs 1,200.00 City-wide chair replacement 25,000.00 Bulk mailing for charter/1405 mailers ($6,000 x 7 mailers) _ 26,1881 `19;641:: 42,000.00 Charter spent to date 1-405 spent to date Scarecrow festival 1,000.00 j External printing costs for charter/1405 mailers L 19,022.00 Charter spent to date 15,037 1-405 spent to date 1,754 Council chamber meeting room design work 20,000.00 Medical marijuana initiative costs (balance above budget amt.) 26,000.00 Community event honoring Jack Hammet _ 4,863.50 Council support for after election initiatives, photos, conferences, Pad, etc. 10,000.00 Insurance for summer rec program 2,820.00 ADA access improvements 11,181.00 Enhanced employee service award program 20,000.00 Development Services Park impact study fee 45,000.00 Computer patch for inspection software 6,400.00 Neighborhood Improvement Task Force Group home permitting consultant 25,000.00 Public Services Utility box beautification program 6,000.00 _ Increased public works maintenance standards Joanne trail 30,000 140,000.00 City-wide maintenance 110,000 Utility equipment storage for mechanic area 49,660.07 1405 advocacy consultant 5,000.00 Council chamber card entry access 5,550.00 Updated aerial photographs (Eagle aerial) 3,839.92 Recreation _ Teen center operational costs 10,000.00 Field ambassador program - equipment and supplies 15,000,00 Recreation office furniture and front counter improvements Portable field lighting, units (purchase) , Snack bar facility improvements (Jack Hammet Sports Complex) Sound curtain for field light enclosure 11,506.24 47,000.00 10,000.00 2,500.00 Additional recreation staff uniforms { _ - 4,634.28 Balearic building improvements (painting) 4,400.00 Fire ' ! _ Fire/County data sharing software 49,000.00 Information Technology Database recovery 33,500.00 Power supply repairs 15,050.00 Additional software training 10,000.00 Total 717,127.01 - Balance Remainin9l I $362,872.99 Available Funding FY2014-15 Estimated Revenues (indtransfers) Revised Available Funding Appropriations CITY OF COSTA MESA MID -YEAR BUDGET REPORT SUMMARY GENERALFUND FISCAL YEAR 2014-2015 Adopted Budget $ 109,451,662 $ Other Carryover Recommended Adjustments Adjustments Total Increase (Decrease) ATTACHMENT $ 137,393 $ 137,393 Mid -Year Revised Budget $ 109,589,055 $ 109,451,662 $ - $ 137,393 $ 137,393 $ 109,589,055 FY2014-15 Adopted Appropriations (inatransfem) $ 109,451,662 $ - $ - $ - $ 109,451,662 FY2014-15 Budget Adjustments (incl carryovers) $ - 3,268,475 $ 137,393 3,405,868 $ 3,405,868 Total 137,393 $ 3,405,868 $ 109,451,662 $ 3,268,475 $ $ 112,857,530 Estimated Change in Fund Balance $ _L__a,268,4751 $ - $ (3,268,475) $ (3,268,475) FAFINANCEWDGED2014-15 Budget Info\Mid-year reportkAttach 7- Midyear Bud Rpt Summ.xlsx CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: SUBJECT: FAIRVIEW PARK USE SURVEY DATE: FEBRUARY 26, 2015 FROM: STEPHEN M. MENSINGER, MAYOR PRESENTATION BY: STEPHEN M. MENSINGER, MAYOR FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH, CITY CEO (714)754-5328 RECOMMENDATION: Provide staff direction about conducting a City-wide survey to determine if Costa Mesa residents support the addition of sports fields on the southeast quadrant of Fairview Park among other park use questions. BACKGROUND: The Fairview Park Citizens Advisory Committee (FPCAC) was reconvened by City Council in April 2013 to evaluate the current master plan and recommend updates to reflect the current needs and desires of the community. Fairview Park is a 208 -acre park that was master planned in 1998 with revisions to some of the elements of the master plan in subsequent years. The FPCAC has carefully and systematically reviewed the Master Plan and has made recommendations for the entire area of the park west of Placentia Avenue as well as the area north of the Fairview Channel. The FPCAC has also evaluated the majority of the list of potential changes to the southeast quadrant. During these meetings, and particularly the meetings dealing with the southeast quadrant, there has been extensive public input with very passionate views in support or opposition to the potential changes being considered. ANALYSIS: In view of the opinions presented, the importance of Fairview Park to the entire City, and the stage of review by the FPCAC, Mayor Mensinger proposes to conduct a City- wide surrey by a qualified consultant that will capture the views of the residents, and be used as an additional tool for the Parks and Recreation Commission and the City Council to make well-informed decisions that reflect the needs and desires of all the residents. The survey of Costa Mesa voters will seek opinions on issues identified by the community regarding Fairview Park. This survey would be conducted by a firm specializing in these services and would utilize land lines and cell phones using industry accepted random sample methodologies. The survey's questionnaire would be 1 developed by a team of two Council Members. Mayor Mensinger is recommending the two FPCAC Council liaisons, Council Member Genis and Mayor Pro Tem Righeimer. The selected survey firm will work with the two Council Members to formulate the survey questions. Upon completion of the survey process, the survey firm will provide a written summary of their findings, the document will be available to the public, and the final product will be posted on the City's website. A draft of the Request for Proposals (RFP) is attached for reference and the selection of a qualified consultant will be based on professional services procurement procedures applicable for such service. ALTERNATIVES CONSIDERED: The alternative to the proposed recommendation is to not conduct the survey. FISCAL REVIEW: Funding for the proposed survey will come from the Contingency Fund balance which is an available resource within the existing budget. The final cost will be determined from the competitive RFP process. LEGAL REVIEW: The Professional Services Agreement will be approved as to form by the City Attorney's Office. CONCLUSION: It is requested that the City Council provide direction to staff to issue an RFP, select a consultant and conduct a City-wide survey to determine if Costa Mesa residents support the addition of sports fields on the southeast quadrant of Fairview Park as well as have the consultant work with the two Council Members to develop the survey questionnaire. MAS R. HATCH Chief Executive Officer ATTACHMENT: "1" Request for Proposals - Scope of Consultant Services DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Division Staff File 2 Attachment 1 REQUEST FOR PROPOSALS FOR A SURVEY OF THE RESIDENTS OF THE CITY OF COSTA MESA TO DETERMINE IF THEY SUPPORT THE ADDITION OF SPORTS FIELDS ON THE SOUTHEAST QUADRANT OF FAIRVIEW PARK AS WELL AS OTHER RELATED QUESTIONS I. INTRODUCTION Fairview Park is a 208 acre park located just east of the Santa Ana River. The park was master planned in 1998 and is currently being reviewed for possible updates. The review process is nearly completed and only the evaluation of sports fields on one of the quadrants remains to be evaluated. Interested consultants are encouraged to review the documents on the City's website (htt '/Icostamesaca. ov/index.as x? a e=1819) to inform themselves of all the resources of the park, current uses, and the Fairview Park Master Plan. The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified consultants to conduct a community -wide survey for the purpose of determining if the public supports the addition of sports fields on the southeast quadrant of Fairview Park, and may include other park use related questions. A. General Goals: The City of Costa Mesa is seeking a consultant with a strong background in urban park planning with specialized knowledge and experience in community surveys for the purpose of determining demand and needs assessments. The selected consultant will be responsible for assisting Council with the completion of the City-wide survey; formulating survey questions; managing the survey process; and preparing the final report that presents the results of the survey. B. Minimum Consultant Qualifications: The key project staff, furnished by the consultant and sub -consultants, must have at least five (5) years prior experience on similar types of projects. All consultants responding to this Request for Proposals (RFP) will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, ability to meet the project schedule, adequate staffing, understanding of the project, and responsiveness to the needs and concerns of the City of Costa Mesa. II. CONTENT OF PROPOSAL In order to maintain uniformity with all proposals furnished by consultants, the proposals shall be limited to a maximum of ten (10) pages (excluding front and back covers, section dividers, and resumes) and include the following: A. A statement of project understanding containing any suggestions to improve or expedite the project or special concerns of which the City should be made aware. The project approach shall contain clarifications or additional scope of work that you feel are necessary for the successful completion of the project. B. A project team organization chart, identifying those who will perform the work, and a brief resume of each team member (including a list of similar type projects in which they have been directly involved) is required. Identify the Project Manager (PM) proposed for this project. The PM will be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. Sub -consultants, if any, shall be identified with the same requirements as the main consultant. C. A list of similar projects that your firm has completed within the last five years. Information should include: project description, agency or client name, along with the person to contact and the telephone number(s), year completed, and project cost. D. A proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner. E. Fee proposal in a separate sealed envelope containing the following: 1. Cover letter stating the total not—to-exceed lump sum fee. A spreadsheet with a detailed fee schedule of the proposed costs. Each fee schedule shall depict individual project tasks and the number of hours assigned for specific personnel, along with their fully -burdened hourly rates. The fully -burdened hourly rates shall include direct salary costs, employee benefits, overhead, and profit. Travel time will not be allowed. The fee proposal shall reflect all anticipated fee increases during the contract duration. Please submit five (5) hard copies and one (1) PDF file of the project proposal, and one (1) copy of the fee proposal. III. CONSULTANT SELECTION COMMITTEE The City of Costa Mesa will establish a Consultant Selection Committee consisting of at least four (4) members who have acted in the capacity of Project Manager. The Consultant Selection Committee will evaluate the consultants on their ability to do the following: 1. Produce an innovative and detailed survey and report. 2. Description of the most effective method(s) to reach out to the community. 3. Provide the City with adequate information in order to allow for the proper planning of the park. IV. ESTABLISHMENT OF FEES The fee proposal will not be opened until the Consultant Selection Committee has evaluated all of the Consultants' proposals. In conformance with the Mini -Brooks Act, the City will select the Consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the "lump sum" fee submitted in the fee proposal. V. PROFESSIONAL SERVICES AGREEMENT 1. A sample of the required Professional Services Agreement is available upon request. The RFP and the consultant's proposal will be attached to and become part of the executed agreement as exhibits. 2. No reduction of professional services, as stated in both the City's RFP and the consultant's submitted proposal, will be allowed. VI. INSURANCE REQUIREMENTS Please refer to the sample agreement for the necessary amounts of general liability insurance, automotive, worker's compensation, and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. VII. SCOPE OF CONSULTANT SERVICES The City Council reconvened the Fairview Park Citizens Advisory Committee to evaluate the current Master Plan and make recommendations to the Parks and Recreation Commission and the City Council for changes to the Master Plan. The selected consultant will be required to be fully familiarized with the work completed to date in order to properly formulate the survey. The proposed Scope of Consultant Services includes, but shall not be limited to, all of the following: A. Public Process: • Identify, describe, and implement a comprehensive strategy and methodology for two Council Members to be involved in the survey development process. • Provide well -organized and directed activities, techniques, and formats that will ensure that a positive, open, and proactive public participation process is achieved. • Provide written reports and summaries of the results of the survey. • Solicit input from as many people as possible, including users and non-users of the services and facilities. This may include interceptive surveys to determine utilization of the park by Costa Mesa residents. B. Statistically -Valid Survey • Develop a City-wide community assessment survey to identify community needs and issues related to the addition of sports fields on the southeast quadrant of Fairview Park. The survey should accurately represent a sampling of the community population, with a return rate sufficient to provide statistically -valid results. C. Progress Reporting • The consultant and the City's Project Manager shall hold progress meetings as often as necessary. The consultant shall supply the City's Project Manager with at least one (1) copy of all completed or partially completed reports, studies, forecasts, maps, or plans as deemed necessary by the City's Project Manager at least three (3) working days prior to the progress meeting. The City's Project Manager shall schedule the meetings, as necessary. Include a fee to staff a minimum of two (2) meetings with a two person council team and City staff. D. Action Plan • Develop Survey questions based on two person Council input. • Collect and analyze survey information for the community. • Collect and analyze information and summarize findings. • Prepare and submit final report. E. Products • One (1) draft report (hard copy and electronic files) • One (1) copy of the final report (hard copy and electronic files). VIII. CITY RESPONSIBILITIES The City of Costa Mesa will be responsible for providing all available documents including maps, plans, reports, and records on file. IX. ASSESSMENT OF WORK EFFORT PRIOR TO SUBMITTING REQUEST FOR PROPOSALS Each consultant must inform themselves fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful consultant of the obligations to carry out the provisions of the contract. X. RIGHT TO REJECT ALL PROPOSALS The City of Costa Mesa reserves the right to reject any or all proposals submitted, and/or to delete any portion(s) of the submitted proposal. No representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. All costs incurred in the preparation of the proposal, the submission of additional information, and/or any aspect of a proposal, prior to award of a written contract, will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the respondent. All proposals and documents submitted to the City of Costa Mesa become the City's property for its own use as deemed necessary. XI. SUMMARY Your participation is greatly appreciated by the City. It is the intent of this RFP to establish the minimum consultant services required by the City. To assist in your preparation, this RFP was categorized into sections stating the specific requirements of the City. It is the intent of the City to select a consultant and award a contract. All insurance documents must be submitted and approved prior to the award of the contract. Cl T Y COUNCIL AGENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: OB -1 SUBJECT: SECOND READING OF AN ORDINANCE AMENDING CHAPTER IV (SENIOR COMMISSION) OF THE COSTA MESA MUNICIPAL CODE INCREASING THE NUMBER OF MEMBERS OF THE SENIOR COMMISSION DATE: FEBRUARY 23, 2015 FROM: PARKS AND COMMUNITY SERVICES DEPARTMENT PRESENTATION TRAVIS KARLEN, RECREATION MANAGER BY: FOR FURTHER INFORMATION CONTACT: TRAVIS KARLEN, RECREATION MANAGER 714-754-5052 RECOMMENDATION: Staff recommends that the City Council give second reading to Ordinance No. 15-02, increasing the number of senior commissioners from five (5) to seven (7). BACKGROUND: At the October 21, 2014 City Council meeting the City Council established a senior commission which includes five (5) members. At the January 20, 2015 City Council meeting five (5) commissioners were selected. Three (3) residents were selected for four (4) year terms. Those residents are: Kirk Bauermeister, Stella Adkins, and Janet Lee Krochman. Further, two (2) residents were selected for two (2) year terms. Those residents are: Ernie Feeney and John McGlinn. At the January 20, 2015 City Council Meeting, the City Council asked staff to bring back an ordinance to increase the number of commissioners serving on the Senior Commission. ANALSIS Although the Senior Commission will work well with five (5) members, adding two (2) additional members will offer a more diverse commission and will provide a broader group of individuals to act as liaisons to various committees. Staff is recommending not to exceed seven (7) commissioners. Any more than seven (7) members will cause issues with a quorum and it will become more challenging in terms of effective decision making. ALTERNATIVES CONSIDERED: 1. City Council may choose to change the number of commission members to nine (9). 2. City Council may choose to change or add language to the proposed ordinance. FISCAL REVIEW: 1 The cost to add two additional commissioners to the Senior Commission annually is $1,200.00. This cost will be absorbed in the current Parks and Community Services Department Budget. 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 additional two (2) members to the Senior Commission through the adoption of the attached ordinance. TRAVIS KARLEN Recreation Manager STEVEN G. DUNIVENT Interim Finance Director ATTACHMENTS: Ordinance No. 15-02 1 TAMARA S. LETOURNEAU Assistant Chief Executive Officer ATTACHMENT ORDINANCE NO. 15-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12.84 OF CHAPTER IV OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE REVISING THE SENIOR COMMISSION TO ADD TWO ADDITIONAL COMMISSIONERS FOR A TOTAL OF SEVEN. WHEREAS, the City of Costa Mesa is committed to serve the needs of its senior population through the provision of programs and service at the Costa Mesa Senior Center; and WHEREAS, the City Council of the City of Costa Mesa desires to establish a Commission to study and advise the City Council on matters affecting the senior community in the City of Costa Mesa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 12.84 (Membership) of Chapter IV (Senior Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal code is hereby amended as follows: Sec. 12.84. Membership. The senior commission shall consist of seven (7) members appointed by a majority vote of the entire city council. The city council may, by majority vote, remove any member of the senior commission. Additional details for the appointment procedures and member qualifications, terms, and compensation may be set by city council policy. Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. Ordinance No. 15-02 Page 1 of 2 PASSED AND ADOPTED this day of , 2015. Stephen M. Mensinger, Mayor APPROVED AS TO FORM: Thomas Duarte, City Attorney ATTEST: 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, hereby certify that the above and foregoing Ordinance No. 15-02 was introduced and considered section by section at a regular meeting of said City Council held on the day of 12015, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the day of , 2015, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this day of , 2015. Brenda Green, City Clerk Ordinance No. 15-02 Page 2 of 2 CITY CO'UN'CIL AGENDA REPORT MEETING DATE: March 3,d, 2015 ITEM NUMBER: PH -1 SUBJECT: CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE FIRST PUBLIC HEARING OF THE ADOPTION OF THE SIDE LETTER BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA POLICE MANAGEMENT ASSOCIATION (CMPMA). DATE: February 20th, 2015 FROM: CHIEF EXECUTIVE'S OFFICE/HUMAN RESOURCES DIVISION PRESENTATION LAURA KALTY, CHIEF NEGOTIATOR BY: LANCE M. NAKAMOTO, HUMAN RESOURCES MANAGER FOR FURTHER INFORMATION LANCE NAKAMOTO (714) 754-5172 CONTACT: RECOMMENDATION: Staff recommends that the City Council: 1. Hold the first Public Hearing as required by COIN; and, 2. Schedule the second and final Public Hearing as required by COIN for March 17tH 2015. BACKGROUND: The CMPMA MOU including subsequent side letter agreement between the City and the CMPMA expired June 30th, 2014. Employees covered by this Agreement agreed to contribute 5% of the employee's PERSable earnings towards the employee retirement contribution for a period of one -hundred and four (104) consecutive pay periods. The 104th and final pay period ended February 21St, 2015. ANALYSIS: In accordance with the COIN Ordinance and the initial stages of the meet and confer process, negotiations are ongoing. As a result, the parties to this side letter agreement in the content of good faith negotiations in accordance with Government Code Section 3500 et seq. (Meyers-Milias-Brown Act) have agreed to extend the 5% employee contribution for a period of 26 pay periods, while negotiations continue. The first pay period will be effective February 22nd, 2015 and the deduction will continue by using Section 20516 as stated by PERS to be "Cost Sharing." ALTERNATIVES CONSIDERED: The alternative is to allow the 5% employee contribution to expire effective February 21St, 2015. Based upon CMPMA's CaIPERS base salary of $1,381,264, the value of this alternative is $69,063. FISCAL REVIEW: As stated previously in!the Alternatives Considered Section, the City will recognize a total savings of approximately $69,063. Savings for the current Fiscal Year 2014-2015 of $23,906 and an additional $45,157 for Fiscal Year 2015-2016. LEGAL REVIEW: The City Attorney has reviewed the documents and approved them as to form. CONCLUSION: This Public Hearing is the first of the two mandated by the City's COIN Ordinance. The final Public Hearing is scheduled for March 17th, 2015. LANCE M. NAKAMOTO TAMARA S. LETOURNE U Human Resources Manager STEPHEN DUNIVENT Interim Finance Director DISTRIBUTION: Chief Executive Officer City Clerk ATTACHMENTS: I CMPMA Side Letter Assistant Chief Executive Officer TH6MA8 DU TE City Attorney 2 ATTACHMENT I Side Letter of Agreement September 1, 2007 — August 31, 2010 Memorandum of Understanding Between the Costa Mesa Police Management Association (CMPMA) and the City of Costa Mesa This Side Letter of Agreement ("Agreement") is entered into by and between the City of Costa Mesa ("City") and the Costa Mesa Police Management Association ('CMPMA'). The City and CMPMA have met and conferred in good faith and agree that the September 1, 2007 — August 31, 2010 CMPMA Memorandum of Understanding ("MOU"), extended through June 30, 2014, via Side Letter of Agreement, shall be continued and supplemented with the following amendment: II. Article 5 — Retirement Contribution Employees covered by this Agreement shall contribute 5% of the employee's PERSable earnings towards the employee retirement contribution for a period of twenty six (26) consecutive pay periods. The commencement date for the twenty six (26) pay periods will be February 22, 2015. To the extent permitted by CaIPERS and the IRS regulations, this 5% contribution shall be implemented through payroll deduction on a pre-tax basis. The contribution will be enacted by using Section 20516 as stated by PERS to be "Cost Sharing." VIII. MOU Provisions: Except as provided herein, all remaining terms and provisions of the aforementioned MOU and Side Letter Agreement shall remain in full force and effect through the term of the Agreement. REPRESENTATIVES OF THE COSTA MESA POLICE MANAGEMENT ASSOCIATION LT. PAUL BECKMAN CMPMA President /LT. KEITH DAVIS CMPMA Representative L . RYAN F. GLASS CMPMA Representative 596476.1 C0190.031 REPRESENTATIVES OF THE CITY OF COSTA MESA TAMARA LETOURNEAU Assistant Chief Executive Officer LANCE M. NAKAMOTO Human Resources Manager Cl T Y COUNCIL A GENDA REPORT MEETING DATE: MARCH 3, 2015 ITEM NUMBER: PH -2 SUBJECT: CODE AMENDMENT CO -15-01 — AMENDMENT TO TITLE 13, CHAPTER V, ARTICLE 2.5, RESIDENTIAL SMALL LOT SUBDIVISIONS, OF THE COSTA MESA MUNICIPAL CODE DATE: FEBRUARY 5, 2015 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610 minoo.ashabi@costamesaca.gov RECOMMENDATION Give first reading to the ordinance as recommended by Planning Commission. BACKGROUND On April 1, 2014, the City adopted the Small Lot Subdivision Ordinance (Ord. No. 14-04) that allowed subdivision of multiple family zoning lots into small fee simple lots without requiring a common lot or forming a homeowners association. The ordinance is applicable to a residential subdivision of two to 15 units in the R2 -MD, R2 -HD, and R3 zones. The objectives of the small lot ordinance involved the following: • Promote construction of single-family detached housing for homeownership. • Allow development of a small lot subdivision without a common lot, therefore eliminating a requirement for an incorporated Homeowner's Association (HOA). • Require CC&Rs to be recorded for all small lot subdivisions to allow some form of governance without an HOA. • Allow the option to establish a Maintenance Association or unincorporated HOA. • Establish new development standards for a small lot subdivision to eliminate multiple requests for variance relief under the residential common -interest regulations. • Allow minimum of 30% open space for the development lot. The Small Lot Ordinance established certain development standards and maintenance mechanisms for multi -family residential lots within the densities allowed by the General Plan. The ordinance was not intended to increase the density in any of the multiple family residential zones, modify the minimum requirement for parking spaces, or change the approval process for small subdivisions. On January 26, 2015, the Planning Commission held a public hearing and recommended approval of the proposed amendment to Small Lot Subdivision Ordinance with a note to Council to consider adding a provision that would prohibit parking across garage doors where a standard length driveway is not provided. The staff report and minutes of the meeting can be accessed at the following link: http://www.costamesaca.gov/index.aspx?page=1822 ANALYSIS To promote consistency with certain standards for residential development in the R2 -MD, R2 -HD, and R3 zones, minor changes to the following standards are proposed: 1) Establish an interior side yard setback requirement of 5 feet (10 feet currently required); 2) Remove reference to a further reduction of the side/rear setback based on certain findings by the Development Services Director; 3) Add language providing flexibility to allow two -car and three -car garages, provided that the overall number of parking spaces are still met and that a minimum of one open parking space is provided per unit. Proposed Amendments Promoting Overall Consistency of Residential Development Standards Since the adoption of the ordinance, seven small lot subdivisions have been approved. Staff is proposing to clean-up some apparent inconsistencies with certain adopted SLO standards, as compared to the residential common -interest development standards in the R2 and R3 zones. The purpose of the proposed text amendments is to ensure that zoning requirements for small lot subdivisions are not more restrictive than the current requirements for residential common -interest developments in these zoning districts. To rectify apparent inconsistencies, staff is recommending the following revisions shown in redline: Front Development Lot: 20 feet Side yard ""'ar,d4ea---- (interior) 10 feet for one stery, twos+on, and three story development 5 feet This setha Gk Gan be redUGed to a minimum of five foot on a rase by Easebases dTepeniRg !.n the setbacks- of adjaGentTr+�eFties and f the building design innli des offsets variety of reef clones and - dmassino and evnellenre in `lesion On terms of materiels nolors and , , addmt artirs.1-111-atien as deerned appropriate by Development Cen,ines Direntnr Rear yard (interior) 10 feet Side (street side, if 10 feet applicable) Note: Driveways providing straight -in access from a public street to 2 a garage shall be at least 19 feet long, as measured from the 1631 Tustin Ave. ultimate public or private right of way. Rear Abutting a Publicly 5 feet; however, garages may be required to set back further to Dedicated Alley ensure adequate back up distance. Rear Yard Coverage does not 2294 Pacific Ave. apply. Staff is also recommending an additional finding be added to allow flexibility for the provision of a two -car or three -car garage in a small lot subdivision. The three key changes are described in the following sections. 1. Change interior side yard setback from 10 feet (current requirement) to 5 feet to be consistent with the side setback requirement in R2 and R3 zones. Current Requirement Since the intent of the ordinance was to allow more flexibility in site planning, the rear and side yard setbacks were treated the same on the interior perimeter of the site and a 10 -foot setback was adopted. The ordinance allowed a reduction of this setback to 5 feet on a case by case basis, depending on the orientation and setback of structures on adjacent properties and exceptional architecture. In comparison to the residential development standards for common -interest developments in the R2 -MD, R2 -HD, and R3 zones where a 5 -foot setback is allowed, the 10 -foot interior side setback in the SLO is more restrictive. [Attachment 4, Excerpt of Table 13-41(b)]. The majority of preliminary concept plans have featured 5 -foot side yard setbacks. Since adoption of the ordinance seven projects were approved with the new subdivision standards. Of these projects, three were able to meet the minimum 10 -foot side yard standard and four were granted a reduction in the setback as noted below. A sample site plan with showing adjacent structures is included as Attachment 3: Project Address Number of Units Approved Side Yard Setback 389 Rochester Street 2 10 feet 1631 Tustin Ave. 10 10 feet 1944 Church Street 2 10 feet 2294 Pacific Ave. 5 5 feet 270 Palmer Ave. 2 4 feet 320 E. 18th Street 2 5 feet 2661 Orange Ave. 5 5 feet In addition to the above projects, there are currently two projects in review that are unable to meet the side yard setback requirement due to narrow configuration of the lot. Since adoption of the ordinance, the development community has expressed concerns meeting this requirement, and therefore many proposals feature a 5 -foot setback. No changes to the currently required 10 -foot rear setback are proposed by staff because this requirement is already consistent with the residential common -interest development standard for a rear setback. 2. Remove all references to an interior side or rear setback reduction as deemed appropriate by the Development Services Director. Relative to the interior side/rear setback requirement, the Code indicates that "This setback can be reduced to a minimum of five feet on a case by case basis depending on the setbacks of adjacent properties and if the building design includes off sets, variety of roof slopes and massing, and excellence in design in terms of materials, colors, and additional articulation as deemed appropriate by the Development Services Director." Staff recommends that this verbiage be removed for the following reasons: • Establishing a 5 -foot side setback requirement will eliminate the need for this flexibility. • Because the Planning Commission is the final review authority, it is problematic to allow a setback reduction at the staff level. Even though the ordinance allows flexibility on a case by case basis, the current setback requirement is causing uncertainty in the process in that the preliminary plans may be supported by staff; however, the Planning Commission is the final decision making body and the process is subject to a public review. • Removal of this language will require that any deviations from the rear and side setback requirements must meet the required findings for a minor modification, administration adjustment or variance as stipulated by Code. 3. Add a finding allowing flexibility for Garage Parking Staff is not recommending any changes to the overall numeric parking requirements as adopted in the Small Lot Ordinance (table below). The small lot ordinance requires the same number of parking spaces in terms of overall numbers in comparison with the common interest development; however, the regulations are more specific with regard to number of enclosed and open spaces. However, the current regulations are very specific with regard to the number of required "garage" spaces and "open" spaces. Therefore, a variance would be required for any deviation involving open parking spaces provided in a two -car garage for two-bedroom units or a three -car garage for three-bedroom/or more units. For example, a two- bedroom residence featuring a two -car garage and one open parking space (3 total) would need a variance from the parking requirement to allow the open parking to be supplied within the two -car garage. This is an unintended consequence of the parking requirement as adopted. Staff suggests adding the following language for clarification purposes to eliminate the need for a variance request: Parking • Three bedroom or more units (including a den or home office) — two garage spaces and two open parking spaces • Two bedrooms or less units (including a den) —_one garage space and two open parking- • No tandem parking is permitted for open or guest parking spaces. • For developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in front of garages for exclusive use of that unit, one additional on-site guest parking shall be provided. Two additional open guest -parking shall be provided for developments with more than 10 units. • For all small lot developments subiect to the provisions of this article. all open parking not located within an individual driveway shall be unassigned and nonexclusive. Required open parking may be provided in a two -car or three -car garage provided that a minimum of one open parking space is provided per unit. Because of the concerns with use of garage spaces as storage space, City Council has been encouraging site plans that provide open parking spaces that are not exclusive and open for guest usage. Parking spaces in front of garages or tucked between units have been mostly discouraged. The current parking regulations for the small lot ordinance reflects this concern and an additional guest parking space is required for 5 or more units. No changes were proposed to the total number of parking or the additional parking space required by the ordinance. In response to Planning Commission's concerns with parking across garage spaces, staff believes that the CC&Rs include provisions that will prohibit parking that would block garage use or driveways. In addition, a new standard condition of approval has been included to require enforcement of parking use by the homeowners / maintenance association and submittal of an annual report to the Planning Department. The condition is stated as follows: "The CC&Rs shall contain provisions requiring that the Homeowner's Association or Maintenance Association submit a signed affidavit to the City of Costa Mesa on an annual basis to certify the following: The two -car garages in the residential community are being used for vehicle parking by the resident(s). • The vehicle parking areas within the garage are not obstructed by storage items, including but not limited to, toys, clothing, tools, boxes, equipment, etc. The resident(s) have consented to voluntary inspections of the garage to verify parking availability within the garage, as needed. The form and content of the affidavit shall be provided by the City Attorney's office. Failure to file the annual affidavit is considered a violation of this condition." GENERAL PLAN CONFORMITY The proposed amendment to ordinance is consistent with the following goals and policies of the General Plan: • LU -1 A.1, LU -1A.4, LU -10.4, HOU -1.9, HOU -2.4, HOU -4.4, CD -7A.1 and CD 7A.2. PUBLIC NOTICE Code requires publication of a display AD in the local newspaper (Daily Pilot) for Title 13 Code Amendments. At the time of publication of this report, no public comments have been received. Any correspondence will be forwarded to the Planning Commission under separate cover. In addition to the newspaper ad, homeowners associations and other neighboring cities and government agencies were notified by mail. ENVIRONMENTAL DETERMINATION The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment. LEGAL REVIEW The staff report and the draft ordinance has been reviewed and approved by the City Attorney. CONCLUSION Since adoption of the Small Lot Subdivision ordinance, certain inconsistencies have been identified. The proposed amendment will establish a minimum standard without a discretionary process consistent with the common interest development standards. The amendment to parking regulations will not revise the overall number of required parking spaces but allow flexibility in terms of garage spaces. As noted with the original ordinance, the following summarizes key aspects of the Small Lot Ordinance. • Small lot subdivision will allow development within the allowed densities of the zoning code and general plan. • The small lot ordinance would not reduce the required parking. • Small lot ordinance would be applicable to all multi -family residential zoning districts and urban plan residential development and live/work projects. • Would apply to development of 15 units or less. • While all small lot subdivision would be subject to CC&Rs, small subdivisions of up to four parcels with no common areas could be exempt from a homeowner's or maintenance association and subject to only a maintenance agreement. MINOO ASHABI, AIA Principal Planner Attachment: 1 — Draft Ordinance cc: GARY ARMSTRONG, AICP Economic and Development Services Director 2 — Ordinance 14-04 3 — Sample Site Plan 4 — Common Interest Development Standards Chief Executive Officer Assistant Chief Executive Officer Public Services Director City Attorney Transportation Services Manager City Engineer City Clerk (9) Staff (7) File (2) ATTACHMENT 1 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -15- 01 AMENDING TITLE 13, CHAPTER V, ARTICLE 2.5, RESIDENTIAL SMALL LOT SUBDIVISION STANDARDS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The Small Lot Ordinance which allows subdivision of 15 or less fee simple lots for multiple family properties was adopted on April 1, 2014. The ordinance allows development of detached residential units on individual parcels instead of condominium ownership. Since adoption, several applications have been processed and additional are in review. It has been realized that the side yard setback of 10 feet is challenging for development of narrow multiple family lots and in most cases a reduction has been granted as allowed by current code. To make the development standards consistent with the common interest development regarding side yard setback and parking, two revisions to development standards are hereby approved. SECTION 2: Title 13, Chapter V, Article 2.5, Table 13-42, Small Lot Subdivision Standards, of the Costa Mesa Municipal Code is hereby amended as follows: TABLE 13-42 SMALL LOT SUBDIVISION STANDARDS' STANDARDS ' SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Maximum Number of Stories & 2 stories/ 27 feet, except as allowed in the Westside Overlay Districts. Building Height Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below. Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 3rd story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style. Maximum Density (based on Same as underlying zoning district or as specified in an applicable specific gross acreage) plan. Minimum Open Space 30% of total lot area. No asphalt shall be permitted for paved areas. Parking (development lot) and driveways shall consist of decorative concrete, pavers or other materials as deemed appropriate by the Development Services Director. Minimum Open Space 200 square feet with no dimension less than 10 feet. (individual unit) ._.. S"(._.- TABLE 13-42 SMALL LOT SUBDIVISION STANDARDS STANDARDS SINGLE -FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Development Lot Separately owned private property interests or any portion thereof, necessary or desirable for common use, are subject to recordation of an easement for reciprocal access and maintenance. All areas of a development with 5 or more parcels, subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. The association may be referred to as a maintenance association. Parking . Three bedroom or more units (including a den or home office) - two garage spaces and two open parking spaces • Two bedrooms or less units (including a den) -one garage space and two open parking. • No tandem parking is permitted for open or guest parking spaces. For developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in front of garages for exclusive use of that unit, one additional on-site guest parking shall be provided. Two additional open guest-parking shall be provided for developments with more than 10 units. • For all small lot developments subject to the provisions of this article all open parking not located within an individual driveway shall be unassigned and nonexclusive. Required open parking may be provided in a two-car or three-car garage provided that a minimum of one open parking space is provided per unit. Distance between buildings No minimum distance required subject to compliance with Building and Fire Code standards. Driveway width 10-foot minimum, except 16-foot minimum driveway is required if the (development lot) driveway serves tenants and/or guest parking for more than one dwelling unit. Driveway width shall be a maximum of 26 feet for lots less than 50 feet wide and a maximum of 50% for lots greater than 50 feet wide. Driveway length Straight-in driveways to garages shall have a minimum length of 19-feet from the ultimate public or private right of way. No driveways shall be more than 5 feet in length if parking is not provided in front of garage. Driveways accessing rear parcels shall be in compliance with the requirements of the Parking Design Standards, minimum separation between driveways and maximum 50% hardscape requirement. Mechanical equipment, Roof-top location is prohibited unless completely screened from public excluding antennas and flush- rights-of-way and adjacent properties. mounted solar panels on roofs Front 20 feet Development Lot: Side yard-and-rear-(interior) 5 feet 10 foot for one Moo, two sloy and three Moo, development c m'n'm m .. .. This oH.nob n o be red Gpd too of five feet b y case basis depending on the SetbaGkS ef adjacent prGpwties and if the buildiRg .loan onl des off sole variety of roof slopes a massing, a nxnPlIeRGP n design iR teFFns f ! 1 G010FAd additio.nal ti' I !' d 4d TABLE 13-42 SMALL LOT SUBDIVISION STANDARDS STANDARDS SINGLE -FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Rear yard (interior) 10 feet Side (street side, if applicable) 10 feet Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the ultimate public or private right of way. Rear Abutting a Publicly 5 feet; however, garages may be required to set back further to ensure Dedicated Alley adequate back up distance. Rear Yard Coverage does not apply. Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see Section 13- 34 BLUFF-TOP DEVELOPMENT). Roof or Eaves Overhang; 2 feet 6 inches into required side setback or building separation area. Awning 5 feet into required front or rear setback. Open, unenclosed stairways. Not permitted Chimneys May extend 2 feet above maximum building height. Automatic roll-up garage doors Required Location of Open Parking Guest parking shall be located within a reasonable distance of the unit it serves. Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited. Trash Storage All units shall be provided with a small alcove inside or outside the unit to allow storage of at least three trash carts without encroaching into the garage space. All efforts shall be made to provide on-site trash service. Trash carts shall be stored on-site for trash pick up to the greatest extent possible. Above-Ground Pools and Spas Prohibited in front yards and subject to 5-foot side and rear setback from the main structures. LANDSCAPING A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits. SIGNS (See Chapter VIII). FENCES AND WALLS Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's walls, fences, and landscaping standards. See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information. SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this ordinance amending the zoning code will have a significant effect on the environment.. ��d SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. ATTEST: PASSED AND ADOPTED this day of 4110 Mayor of the City of Costa Mesa APPROVED AS TO FORM: City Clerk of the City of Costa Mesa City Attorney STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 15- as introduced and considered section by section at a regular meeting of said City Council held on the day of , 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2015, 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 2015. City Clerk City Council of the City of Costa Mesa ATTACHMENT ORDINANCE NO. 14.04 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 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS; SECTION 1: FINDINGS. City of Costa Mesa recognizes that homeownership is an important aspect of community building. The City of Costa Mesa is promoting homeownership by providing the opportunity for development of a variety of housing types at various price ranges. The small lot ordinance will allow development of detached or townhome style residential units on individual parcels instead of condominium ownership. SECTION 2: Title 13 of the Costa Mesa Municipal Code is hereby amended as follows: A. Section 13-6 "Definitions" of Article 2 "Definitions" of Chapter I "General" is hereby amended to insert the following definition: Small Lot Subdivision. A residential development containing a maximum of 15 detached or townhome style units with no common walls where each unit is independently constructed on an individual parcel and the land is subdivided into fee simple parcels containing each unit. Each individual lot is provided with either a direct access to public street/ alley or an easement access through a recorded subdivision map. B. Chapter IV; Table 13-30, Citywide Land Use Matrix is hereby amended as follows: Add Small Lot Subdivisions as Land Use No. 2.2 to Table 13-30 as permitted use in multi -family residential zones. CITU nF rtnSTA MPSA I AMM I'IRP MATRIX Ordinance No. 14-04 Page 1 of 8 —1-15— _ Z O N ES LAND USES R1 I R2 I R2- R3 A C C C C T M M P -. :P P P P P I- I P M H '..P' L "1 2 1. C" G P 0 D -D.- D- -D && D D. S" - R _ 'R R RC" I" R" :R'. L M H N-... 31. -. D1 DI D1 C RESIDENTIAL USES 1. Single-family P^ P P In • . P P P P P P dwellings (single housekee In units 2. Multi -family dwellings P P P ._ . P . . P P P P P P 2.1 Common Interest . P P P P P P P P P P developments, residential -2 2 Small lot _ P - P, _ _ _ • + _ + _ + _ _ _ • • _ _ _ subdivisions, residential Ordinance No. 14-04 Page 1 of 8 —1-15— C. Article 2.5. 'Residential Small Lot Subdivision" of Chapter V "Development Standards" is hereby created to read as follows: ARTICLE 2.5 RESIDENTIAL SMALL LOT SUBDIVISIONS SECTION 13-42,1 PURPOSE The purpose of this article is to regulate development and subdivision of small lots within residential zoning districts and overlay districts where residential and live/work projects are permitted. The ownership and occupancy of these developments shall be subject to applicable laws for the general health, safety and welfare of the public. This type of subdivision is intended to provide flexible development standards and to promote a wider range of homeownership of individual lots in multiple -family residential and overlay zoning districts, SECTION 13-42.2 PLANNING APPLICATION REQUIRED a) Small lot subdivisions are permitted in appropriate residential or urban plan overlay districts, subject to approval of the following planning application as may be applicable. This requirement is in addition to other permits or certificates required by law, 1) All new small lot development projects shall be processed according to the design review procedures contained in Section 13-29. 2) All small lot development projects require approval of a tentative tract or parcel map as required by law. A tentative tract map or parcel map shall not be required until a design review has been approved; however, the map may be processed concurrently. b) No person shall construct, sell, lease, convey, maintain or use a lot in a small lot subdivision project within the City without first complying with the provisions of this article. SECTION 13-42.3 DEVELOPMENT STANDARDS AND REQUIREMENTS: a) Applicability. The provisions of this section shall apply to all new residential small lot subdivisions of 15 lots or less in multi -family zones and overlay zones where residential and live/work development are permitted. b) Development standards. Table 13-42 identifies the development standards for small lot subdivision developments. See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted City and State codes, as well as the following provisions: The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations. Pre-existing development should guide the building setbacks and new development should preserve the existing character of the neighborhood. The site design must consider both the design elements of each unit and how these designs will enhance the overall neighborhood character and vitality of the street Ordinance No. 14-04 Page 2 of 8 and sidewalk. Building setbacks and site planning must relate to surrounding built form, respecting the overall neighborhood character and existing topography. Additionally, each unit must exhibit a high level of design quality with well -articulated entries and facades, proportionate windows, quality building materials and contextual landscaping. 3. All structures proposed to be constructed within a project shall conform to the following requirements: a. Each unit shall be provided with direct pedestrian and vehicular access to a public street, or an alley or a common drive connecting to a public street/ alley, b. Structures having dwelling units attached side by side shall be composed of no more than 4 dwelling units. c. Structures having dwelling units attached side by side shall include a break in the facade by having an offset in the front building line. d. Structure shall be constructed to minimize impact of the proposed development on the light, air and privacy of adjacent properties. 4. On-site lighting shall be provided in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the Development Services Department, 5. The development shall comply with the provisions of CHAPTER XI. SUBDIVISIONS, which may include, but are not limited to, land dedication and improvements, such as drainage improvements and payment of fees. 6. Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of 6 -foot high opaque fences and permanently maintained landscaping. Ordinance No. 14-04 Page 3 of 8 I f5_ .' SMALL L,07' SU$DIYf9ION STANi?Al2llS $INt L,E LAMIli UNITS (located on indiV! ,6h dwellang upit lots and a tclutling,townhouses) Maximum Number of 2 stories/ 27 feet, except as allowed in. the Westside Overlay Districts. Stories & Building )-height Note; Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below. Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximurn number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and riot appear as a 3' story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a. dormer style. Maximum Density Same as underlying zoning district or as specified in an applicable specific plan. (based on gross acreage) Minimum Open Space 30% of total lot area. No asphalt shall be permitted for paved areas. Parlcrng and driveways shall (development lot) consist of decorative concrete, pavers or other materials as deemed appropriate by the Development Services Director. Ordinance No. 14-04 Page 3 of 8 I f5_ ` TABU. 1342 " Sil4AT.1''..LO,T SUBT21v=TS,TON Sit"A5; , .. F STANDAI7DS BINDLE-1'AIWIII.1' T1riT0469.41k"an,mdjpyidaal dwe ljlyg un1!t lots;,ntid exglytling tgrynh'bggpg) , Minimum Open Space 200 square feet with no dimension less than 10 feet. (individual unit) Development Lot Separately owned private property interests or any portion thereof, necessary or desirable for common use, are subject to recordation of an easement for reciprocal access and maintenance. .All areas of a development with 5 or more parcels, subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. The association may be referred to as a maintenance association. Parking • Three bedroom or more units (including a den or home office) — two garage spaces and two open parking spaces • Two bedrooms or less units (including a den) -- one garage space and two open parking • No tandem parking is permitted for open or guest parking spaces or garages. • For developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in front of garages for exclusive ase of that unit, one additional on- site guest parking shall be provided. Two additional open guest -parking shall be provided for developments with more than 10 units. Distance between No minimum distance required subject to compliance with Building and Fire Code standards. buildings Driveway width 10 -foot minimum, except 16 -foot minimum driveway is required if the driveway serves tenants (development lot) and/or guest parking for more than one dwelling unit. Driveway width shall be a maximum of 26 feet for lots less than 50 feet wide and a maximum of 50% for lots greater than 50 feet wide. Driveway length Straight -in driveways to garages shall have a minimum length of tMeet from the ultimate public or private right of way. No driveways shall be more than 5 feet in length if parking is not provided in front of garage, Driveways accessing rear parcels shall be in compliance with the requirements of the Parking Design Standards, minimum separation between driveways and maximum 50% hardscape requirement. Mechanical equipment, Roof -top location is prohibited unless completely screened from public rights -of. -way and excluding antennas and adjacent properties. flush -mounted solar panels on roofs Front 20 feet Development Lot: Side and rear (interior) 10 feet for one story, two -stories and three-story development This setback can be reduced to a minimum of five feet on a case by case basis depending on the setbacks of adjacent properties and if the building design includes off -sets, variety of roof slopes and massing, and excellence in design in terns of materials, colors and additional articulation as deemed appropriate by Development Services Director Side (street side, if 10 feet applicable) Note: Driveways providing straight -in access from a public street to a garage shall be at least 19 feet long, as measured from the ultimate public or private right of way. Rear Abutting a Publicly 5 feet; however, garages may be required to set back further to ensure adequate back up distance. Dedicated Alley Rear Yard Coverage does not apply. Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see Section 13-34 BLUFF -TOP DEVELOPMENT). Roof or Eaves Overhang; 2 feet 6 inches into required side setback or building separation area. Awning 5 feet into required front or rear setback. Ordinance No. 14-04 Page 4 of 8 (0— TABLE 13.42 SAIALL LOT ST713Ji1vISigN 5'1'ANDAl.Zi3S_ STAP DARDS SINGLE-IrAMILY U[VITS (Jocatad.on itidvrdaal dwelling unit Jots and ekcilfding 'i _g Open, unenclosed Not permitted stairways. Chimneys May extend 2 feet above maximum building height. Automatic roll -up garage Required doors Location of Open Guest parking shall be located within a reasonable distance of the unit it serves. Detached Parking garages that are not located will= a reasonable distance to the units they are intended to serve are prohibited. Trash Storage All units shall be provided with a small alcove inside or outside the unit to allow storage of at least three trash carts without encroaching into the garage space. All efforts shall be made to provide on-site trash service. Trash cars shall be stored on-site £or trash pick up to the greatest extent possible. Above -Ground Pools and Prohibited n front yards and subject to 5 -foot side and rear setback from the main strictures. Spas LANDSCAPING A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits, SIGNS (See Chapter VIII). FENCES AND WALLS Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's walls, fences, and landscaping standards. See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information. (c) Documents required. (1) Project approval is subject to submission of complete organizational documents setting forth a plan or manner of permanent care and maintenance of any open spaces, recreational areas and commonly used areas/facilities. No such documents shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Planning Division as to suitability for the proposed use of the open areas. (2) Prior to entering into a sales agreement for any property within a small lot subdivision, the developer shall disclose general information regarding the property to the future homebuyers, including but not limited to the following: a. The type, thickness, and R -value of the insulation that has been installed in the home b. Any exposed hazards during and after construction (Lead-based paint, asbestos, etc.) C. Uses other than residential in proximity to the project d. Unusual adjacent zoning e. Distance to airport if within two miles f. Where soils, filled ground and geologic information is available Ordinance No. 14-04 Page 5 of 8 _19- g. Any special costs that will be incurred by the lot buyer as a result of the installation of a building foundation or any other construction due to unusual soillgeological conditions h. If there is fill in excess of 2 feet i. Schools servicing subdivision and any special conditions. j. Any unusual flooding conditions k. Conditions of approval by the City and any resale restrictions I. Dedications and easements M. Project phasing plan n. CC&Rs (3) All small lot subdivisions shall file a declaration of covenants to be submitted with the application for approval. The declaration of covenants shall include, but not be limited to, the following provisions. a. The homeowners' association or a maintenance association (as applicable) shall be established prior to the sale of any unit(s). b. Membership in the homeowners or maintenance association shall be mandatory for each owner and any successive owner. C. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept available for resident parking shall be written into the covenants, conditions and restrictions for each project. d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development. e. The declaration of covenants shall contain language or provisions substantially as follows: i. "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined." ii, "In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law." SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen Ordinance No, 14-04 Page 6 of 8 —18— with certainty that there is no possibility that the passage of this ordinance amending the zoning code will have a significant effect on the environment. SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. ATTEST: , LAA - Brenda Green, Cit Clerk TED this 1 st day of April, 2014. APPROb S O FORM: / Thomas Dui. e, City Attorney Ordinance No, 14-04 Page 7 of 8 1 C4-, STATE OF CALIFORNIA) COUNTY OF ORANGE )ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 14-04 was introduced at a regular meeting of said City Council held on the 4th day of March, 2014, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 1 I day of April, 2014, by the following roll call vote: AYES: COUNCIL MEMBERS: Mensinger, Monahan, and Righeimer NOES: COUNCIL MEMBERS: Genis and Leece ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of April, 2014. Brenda Green, C ty Clerk Ordinance No. 14-04 Page 8 of 8 N ATTACHMENT 3 - SAMPLE SITE PLAN Proximity of Existing Neighboring Structures / Illustrative Exhibit Only — Map Not to Scale ATTACHMENT 4 Costa Mesa Zoning Code TABLE 13.41(h) RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMILY UNITS (located on Individual OTHER UNITS dwelling unit lots and excluding townhouses) Individual Dwelling Unit All zones: 3,000 square feet with an overall average of 3,500 No minimum requirement. Minimum Lot Area square feet. The required common lot shall not be included in the calculation of lot area. Note: Lot sizes may be reduced proportionately if other useable open space is provided within the overall development. Common lot required All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a homeowners association. This lot shall be used for common driveways, parking areas, and at least 10 feet of street setback landscaped areas. Maximum Number of 2 stories/ 27 feet, except as allowed in the Planned Development or Town Center zoning districts. Stories & Building Height Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below. Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roodine and not appear as a 3rtl story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style. Maximum Density (based Same as underlying zoning district or as specified in an applicable specific plan. on gross acreage) Minimum Open Space Development Lot: 40% of total lot area. Exception: For high-rise residential projects, see the North Costa Mesa Specific Plan. Individual Dwelling Unit 40% overall, with a minimum 400 square -foot area with no Not applicable. Lot: dimension less that 15 feet. Private Open Space: Same as individual dwelling unit lot above. An adjoining patio required with no dimension less than 10 Ceet. Exception: Not applicable to high-rise residential projects in the North Costa Mesa Specific Plan. Common Open Space Common open space areas shall be designed and located within the development to allow maximum use by all residents. Enclosed buildings used for recreation or leisure facilities should not be used to satisfy more than 15 per cent of required open space. Distance between buildings 10 -foot minimum between main buildings 6 -foot mirdmum between main buildings and accessory structures Driveway width 10 -foot minimum, except 16 -foot minimum driveway is required if he driveway serves tenants and/or guest parking for more than one dwelling unit. Driveway length Straight -in driveways to garages shall have a minimum length of 19 -feet from the ultimate property line. Storage Not applicable. Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is provided within the garage or carport it shall be located at the front of the puking area so as not to obstruct the required clear dimensions of the covered parking space (per the City of Costa Mesa Parking Design Standards) at any point less than 4 feet above the finished surface level of the parking stall. Exception: Not applicable to high- rise residential projects in the North Costa Mesa Specific Plan, 52-,1 Chapter V Development Standards Common interest Developments Revised 6/01 Ordinance 01-16; 4/04 Ordinance 04-4; 03/06 Ordinance 06-4;02/01' Ordinance 07-2; 9/07 Ordinance 07-17 -22-- Costa Mesa Zoning Code TABLE 13-41(b) RESIDFNTIAL COMMON INTEREST DEVELOPMENT STANDARDS S'T'ANDARDS SINGLE-FAMILY UNITS (located on Individual OTHER. UNITS _dwelling unit lots and excluding townhouses) Mechanical equipment, Roof -Cop location is prohibited. Screening required from public rights - excluding antennas and of -way and adjacent properties. flush -mounted solar panels on roofs. SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setbacks from streets to development lots are measured from the ultimate property Tine shown on the Master Plan of Highways), Front Development Lot: 20 feet 20 feet Individual Dwelling Unit None Not applicable Lot: Side (interior) Development Lot: 5 feet Side (street side, if applicable) 10 feet Development Lot: Noce: Driveways providing straight -in access from a public street to a garage shall be at least 19 feet long, as measured from the property line. Rear (not abutting a publicly dedicated alley) Development Lot: 20 feet for 2 story structures in R2 -MD and R2 -HD zones; 15 feet for 2 story structures in the R-3 zone. 10 feet for l story structures (15 -foot maximum height) provided that maximum rear yard coverage is not exceeded. Exception. Rear yard coverage does not apply to the R-3 zone. Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner tots. Corner lots in the R2 -MD, R2 -HD & R3 zones: a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the comer lot farthest from the side street. b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures. Rear Yard Coverage Main Buildings: 25% of rear yard area.* (Maximum) in the R2 -MD Accessory Buildings: 50% of rear yard area.* and R2 -HD zones * Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet. Rear Abutting a Publicly 5 feet; however, garages may be required to set back further to ensure adequate back up distance. Rear Dedicated Alley Yard Coverage does not apply. Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on comer lots where accessory structures shall maintain setbacks for main structures. Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see Section 13-34 BLUFF -TOP DEVELOPMENT). Chapter VI Development Standards 52-2 Common Interest Developments Revised 6/01 Ordinance 01.16; 4/04 Ordinance 04.4; 09/06 Ordinance 06-4; 9/07 Ordinance 07.17 2Z5-- Costa Mesa Zoning Cede TABLE 13.91(b) RESiDENTLAL COMVION IN'T'EREST DEVELOPMENT STANDARDS STANDARDS SIVGL.E-FAMILY UNITS (located on individnal OTHER UNITS dwelling unit lots and excluding townhouses) PROJEI"LIONS (nmximum depth of projections given) Roof or Eaves Overhang; 2 feet 6 inches into required side setback or building separation area. Awning 5 feet into required front or rear setback. Open, unenclosed stairways. 2 feet 6 inches into required setback or building separation area. Chimneys 2 feet above maximum building height. Fireplaces 2 feet into required setback or building separation area. PARKING (See Chapter VT). 2 -car garage required. Yes Not required. Automatic roll -up garage Yes Yes, if garages are provided. door with remote controlled door opener required. Location of Covered Required covered tenant parking shall be located within a reasonable distance of the unit it serves. Parking Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited. LANDSCAPING A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of my building permits. Landscape parkways with a combined width of 10 feet, but not less than 3 feet on one side, shall be provided along the sides of interior private streets and/or common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of 5 feet in width. SIGNS (See Chapter VITT), POOLS AND SPAS Above -ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5 -foot side and 10 -foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requirements. FENCES AND WALLS Fences and walls placed between the property line and required setback line for main buildings shall conform the City's walls, fences, landscaping standards. Sand See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information. 52-3 Chapter V Development Standards Common interest Developments PeAsed 6/01 Ordinance 01.16; 4/04 Ordinance 04-4; 03/06 Ordinance 06.9; 9/07 Ordinance 07-17; 05/09 Ordinance 09.3 —2-q—