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HomeMy WebLinkAbout00 - - Amended Agenda - 10/20/2015AMENDED AGENDA CITY OF COSTA MESA REGULAR CITY COUNCIL, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY* MEETING *NEW BUSINESS ITEM #1 HAS BEEN WITHDRAWN FROM THE AGENDA *NOTE: ALL AGENCY AND AUTHORITY MEMBERSHIPS ARE REFLECTED IN THE TITLE "COUNCIL MEMBER." TUESDAY, OCTOBER 20, 2015 CITY COUNCIL CHAMBERS, 77 FAIR DRIVE CLOSED SESSION - 5:00 P.M. REGULAR MEETING - 5:45 P.M. JAMES M. RIGH Mayor Pro Tem SANDRA GEI Council Memt City Attorney Thomas Duarte STEPHEN M. MENSINGER Mayor a EIMER " GA RY MONAHAN Council Member 4TRINA FOLEY )unci) Member Chief Executive Officer Thomas R. Hatch Note regarding agenda -related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Binders containing these agenda -related documents are located in the Council Chambers lobby. In addition, such documents may be posted—whenever possible on the city's website at www.costamesaca.gov Your attendance at this public meeting is valued and appreciated. If you have questions regarding the agenda, public comments or wish to obtain copies of documents please contact the City Clerk office at (714) 754-5225 or e-mail cityclerk costamesaca.gov AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 1 v.2,10/20/15 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. Any written communications, photos, or other material for copying and distribution to the City Council that is 10 pages or less, must be submitted to the City Clerk NO LATER THAN 3:00 P.M. If the public wishes to submit written communication, photos, or other material for distribution to the City Council at the meeting AFTER 3:00 p.m., 10 copies will need to be provided for distribution. Please note that NO copies of written communication will be made AFTER 3:00 p.m. Any materials to be displayed on the overhead projector at the Council Meeting must be submitted to the City Clerk NO LATER THAN 15 MINUTES PRIOR TO THE START OF THE MEETING. 2. In accordance with Costa Mesa Municipal Code, Sec. 2-64 (1): No person in the audience shall engage in disorderly, disruptive, disturbing, delaying or boisterous conduct. 3. All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation. 4. In accordance with City Council Policy 000-11, and among other requirements, any video submitted for display at a public meeting must have been previously reviewed by staff to verify appropriateness for general audiences. A copy of this policy is available at City Hall during normal office hours. 5. Free Wi-Fi is available in the Council Chamber during the meetings. Two networks are available: council1 and council2. The password for either network is: cmcouncil. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 2 v.2,10/20/15 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 Legal Counsel regarding existing litigation: Solid Landings Behavioral Health, Inc.; and Sure Haven, Inc. in its own name and dba Rock Solid Recovery; FPS, LLC: Stephen Fennelly; and Elizabeth Perry v. City of Costa Mesa, District Court for the Central District of California, Case No. 8:14-cv-01838-JVS- JCG, pursuant to California Government Code Section 54956.9(d)(2). 2. Conference with Legal Counsel regarding existing litigation: Timothy Dadey, et al. v. City of Costa Mesa, Superior Court of California, County of Orange, Case No. 30- 2014-00757962-CU-CR-CJC, pursuant to California Government Code Section 54956.9(d)(2). 3. Conference with legal counsel regarding anticipated litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2), and Government Code Section 54956.9(d)(4) for one potential case. 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 Mayor Pro Tem Righeimer MOMENT OF SOLEMN EXPRESSION [Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.] Father Mike Hanifin, St. Joachim Catholic Church, Costa Mesa ROLL CALL AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 3 v.2,10/20/15 CITY ATTORNEY CLOSED SESSION REPORT • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) ANNOUNCEMENTS: There's always something happening in Costa Mesa! The Mayor will play a video clip of the "Costa Mesa Minute," featuring upcoming events and activities in the community. PRESENTATIONS: 1. Mayor's Award — Knots of Love — Christine Fabiani 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. Mayor Pro Tem Righeimer 2. Mayor Mensinger 3. Council Member Foley 4. Council Member Genis 5. Council Member Monahan 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. AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 4 v.2,10/20/15 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: Patrick Almaguer, Donna Casey, and Ramon Gutierrez. RECOMMENDATION: City Council receive and file. 3. WARRANT RESOLUTION NO. 2544 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-21 FOR $2,109,250.50; AND CITY OPERATING EXPENSES FOR $1,631,635.95; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID — Finance Department RECOMMENDATION: Approve Warrant Resolution No. 2544, to be read by the title only, and waive further reading. 4. FAIRVIEW PARK CATTAIL REMOVAL — CITY PROJECT NO. 15-14 — Public Services Department/Engineering Division RECOMMENDATION: 1. City Council adopt plans, specifications, and working details for the Fairview Park Cattail Removal Project, City Project No. 15-14; and 2. City Council award a contract to McNabb Construction, Inc. in the amount of $215,460.00; and 3. City Council approve Budget Transfer No. 16-124 in the amount of $232,000.00; and 4. City Council authorize the Mayor and City Clerk to execute the Agreement. AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 5 v.2,10/20/15 5. MINUTES OF CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF OCTOBER 6, 2015 — Chief Executive Officer's Department/ City Clerk's Office RECOMMENDATION: City Council approve the minutes. 6. PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE HARBOR BOULEVARD IMPROVEMENTS — Public Services Department/ Transportation Services Division RECOMMENDATION: 1. City Council award a Professional Services Agreement for the design of the Harbor Boulevard Improvements to Civil Source, In., 9930 Research Drive, Suite 200, Irvine, CA 92618, in the amount of $139,850; and 2. City Council authorize the Mayor and City Clerk to execute the Professional Services Agreement. 7. RESOLUTION FOR COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM APPLICATIONS — Public Services Department/Transportation Services Division RECOMMENDATION: City Council adopt Resolution 15 -XX, to be read by title only, and further reading waived, approving the submittal of grant applications for transportation improvement projects under the Orange County Transportation Authority's (OCTA) Comprehensive Transportation Funding Program (CTFP) for Fiscal Years 2016-17 through 2018-19. 8. BUDGET ADJUSTMENT AND ACCEPTANCE OF GRANT FROM HOAG FOR MEDICAL TRANSPORTATION PROGRAM — Parks and Community Services Department RECOMMENDATION: City Council authorize a budget adjustment in the amount of $100,000 to accept a grant from Hoag for the Medical Transportation Program through the Costa Mesa Senior Center. AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 6 v.2,10/20/15 9. A RESOLUTION 2015 -XX CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY OF COSTA MESA TO JOIN THE CALIFORNIAFIRST PROGRAM — Office of the Chief Executive Officer RECOMMENDATION: City Council consider and adopt Resolution No. 15 -XX, to be read by title only, and further reading waived, consenting the inclusion of properties within the City's Jurisdiction into the CaliforniaFIRST Program. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. AN ORDINANCE FOR THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DA -00-02 (DA -15-02) AND RESOLUTION TO ADOPT NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -15-01 FOR THE SEGERSTROM TOWN CENTER SUBAREA AT THE SOUTHEAST CORNER OF BRISTOL/SUNFLOWER — Planning Division/ Development Services Department RECOMMENDATION: 1. City Council adopt Resolution No. 15 -XX, to be read by title only, and further reading waived, for SP -15-01 North Costa Mesa Specific Plan Amendment; and 2. City Council give first reading to Ordinance No. 15 -XX, to be read by title only, and further reading waived, to approve the Second Amendment to the Development Agreement DA -00-02 for Segerstrom Town Center. 2. PUBLIC HEARING FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT 752 WEST 19LH STREET — Public Services Department/Engineering Division RECOMMENDATION: 1. City Council adopt Resolution No. 15 -XX, to be read by title only, and further reading waived, ordering the vacation of excess Right -Of -Way at 752 West 19th Street; and 2. City Council authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk. OLD BUSINESS: NONE AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 7 v.2,10/20/15 NEW BUSINESS: 1, DISCUSSION OF CITY'S APPEAL FEES AND PROCEDURES THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA ITEMS REMOVED FROM THE CONSENT CALENDAR REPORT — CITY ATTORNEY ADJOURNMENT UPCOMING COMMUNITY ACTIVITIES, EVENTS AND MEETINGS • October 15, 2015 — November 29, 2015, KURIOUS — Cabinet Curiosities, Cirque do Soleil, OC Fair and Events Center, for more information, please visit www.cirguedusoleii.com • Wednesday, October 21, 2015 from 9:30 a.m. to 11:30 a.m. Business Preparedness Academy — National University with South Coast Metro Alliance and the Costa Mesa Chamber of Commerce. For more information, please contact Brenda Emrick at (714)-327-7406. • Wednesday, October 21, 2015 from 6:30 p.m. — 9:00 p.m., NMUSD College and Career Night, OC Fair and Events Center, for more information, please visit www.nmusd.us • Saturday, October 24, 2015 and Sunday, October 25, 2015 from 12:00 p.m. — 10:00 p.m., 1 -Festival: Feria Cultural LatinoAmericana, OC Fair and Events Center, for more information, please visit http://ns.ocfair.com/ocf2/Calendar/ViewEvent.asp?Eventld=3646 • Sunday, October 25, 2015 from 10:00 a.m. — 4:00 p.m., Annual Trick or Treat Festival and Halloween Hearse and Bug Show, OC Market Place, 88 Fair Drive, Costa Mesa, for more information, please visit http://www.ocmarketplace.com/contents/Entertainment.aspx • Tuesday, October 27, 2015 at 5:00 p.m., City Council Special Closed Session Meeting — 77 Fair Drive — Council Chambers. • Friday, October 30. 2015 from 11:30 a.m. — 1:00 p.m., Monster Mash at the Costa Mesa Senior Center, 695 W. 19th St. Please contact the Senior Center directly at (949) 645-2356, preregistration required and space is limited. AMENDED AGENDA — REGULAR MEETING — October 20, 2015 — PAGE 8 v.2,10/20/15 CITY COUNCIL AGENDA REPORT MEETING DATE: October 20, 2015 ITEM NUMBER: CC -3 SUBJECT: ADOPTION OF WARRANT RESOLUTION DATE: October 12. 2015 FROM: Department of Finance FOR FURTHER INFORMATION CONTACT: Stephen Dunlvent at 714-754-5243 RECOMMENDATION: City Council adopt Warrant Resolution No. 2544 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 Nos. 15-21 for $2,109,250.50; and City operating expenses for $1,631,635.95. � STEPHEN DUNIVENT Interim Finance Director 1 sport ID: CCM2001 City of Costa Mesa Accounts Payable Page No. SUMMARY CHECK REGISTER Run Date Oct 01,20 ink: COM1 Run Time 12:08:54 F tele: ACC)hAw Payment Ref Date 000970 10/02/15 000971 10/02/15 PI1�itiC.�blpYli67 000973 10/02/15 Status Remit To P Apple One Employment Services Line Description: Temp Svs-Eng We 8/29/15 Temp Svs-Dev Svs w/e 8/28/15 Temp Svs-Eng w/e 8/29115 P Ariel Supply Inc Line Description: Toner Cartridges Toner Cartridge Toner Cartridge Toner Cartridge P CBE Line Description: Copier Overage Fee 8/5-9/4/15 Copier Overage Fee 815-9/4115 Overage FeeAug15 Copier Overage Fee 8/5-914/15 Copier Overage Fee 8/5-914/15 Copier Maint-Sept 15 Copier Maint-Aug 15 P Ware Disposal Inc Line Description: Solid Waste Collection Service WasteCollectnSvc 740-744 James WasteCollectnSvc 734 W James WasteCollectnSvc 707-711 W18th Solid Waste Collection Service WasteCollectnSvc 745 W 18th St End of Report Remit ID 0000001055 0000006035 0000015149 0000000255 Payment Amt 2,706.78 1,271.14 1,427.31 11.132.65 TOTAL $16,537.88 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle' ADIRDP Payment Ref Date Status Remit To Remit ID Payment Amt 004072 09/30/15 P Alan F Kent 0000006393 2,174.79 Line Description: 1 % Supplemental Pay Oct 2015 004073 09/30/15 P AlbertM Time 0000015406 550.57 Line Description: Qrtly Retiree Med Ins Payment 004074 09/30/15 P Albert Spencer 0000004120 689.25 Line Description Qrtly Retiree Med Ins Payment 004075 09/30/15 P Allen Huggins 0000002589 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004076 09/30/15 P Ann Shultz 0000006607 1,084.05 Line Description: Qrtly Retiree Med Ins Payment 004077 09/30/15 P Barbara L Surges - 0000004198 684.97 Line Description: Orly Retiree Med Ins Payment 004078 09/30/15 P Barry A Adams 0000000898 652.41 Line Description: Qrtly Retiree Med Ins Payment 004079 09/30/15 P Beckee Cost 0000016309 946.08 Line Description: 1 % Supplemental Pay Oct 2015 004080 09/30/15 P Bobby Y Masuzumi 0000003081 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004081 09/30/15 P Brian E Roberts 0000006274 1,134.00 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cie: AnmnD Payment Ref Date Status Remit To Remit ID Payment Amt 004082 09/30/15 P Bruce R Ballinger 0000001167 397.81 Line Description: Qrtly Retiree Med Ins Payment 004083 09/30/15 P Bruce Radomski 0000003742 1,134.00 Line Description: Qr ly Retiree Med Ins Payment 004084 09/30/15 P Bruce W Covey 0000013041 618.50 Line Description: Qrtly Retiree Med Ins Payment 004085 09/30/15 P Burt D Morgan 0000007017 652.41 '., Line Description: Qrtly Retiree Med Ins Payment 004086 09/30/15 P Carl McConnell 0000013933 840.00 Line Description: Qrtly Retiree Med Ins Payment 004087 09/30/15 P Carol C Proctor 0000010825 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004088 09/30/15 P - Charles A Bassett 0000011742 652.41 Line Description: Qrtly Retiree Med Ins Payment - 004089 09/30/15 P Charles F Carr 0000006236 946.50 Line Description: Qrtly Retiree Med Ins Payment 004090 09/30/15 P Charles J Oliver Jr 0000009684 634.05 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: Anipnp Payment Ref Date Status Remit To Remit ID Payment Amt 004091 09/30/15 P Charlie H Clarke 0000010561 295.18 Line Description: Only Retiree Med Ins Payment 004092 09/30/15 P Charlotte Blue[[ 0000008644 652.41 Line Description: Only Retiree Med Ins Payment 004093 09/30/15 P Cheryl R Helwig 0000006915 733.95 Line Description:. Qrtly Retiree Med Ins Payment 004094 09/30/15 P Chris Morris 0000007439 2,500.00 Line Description: Monthly LTD Payment Oct 2015 004095 09/30/15 P Christine E Masuzumi 0000003082 346.89 Line Description: Qrtly Retiree Med Ins Payment 004096 09/30/15 P Christopher Brimhall 0000001402 1,134.00 Line Description: Only Retiree Med Ins Payment 004097 09/30/15 P Christopher Boyd 0000001363 652.41 Line Description: Only Retiree Med Ins Payment 004098 09/30/15 P Christopher Kudelka 0000005822 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004099 09/30/15 P Clay G Epperson 0000002141 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004100 09/30/15 P Curt D Yoder 0000004601 1,134.00 Line Description: Orly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: ApIRpp Payment Ref Date Status Remit To Remit ID Payment Amt 004101 09/30/15 P D Dennis Johnson 0000011317 516.66 Line Description: Qrtly Retiree Med Ins Payment 004102 09/30/15 P Dale H Ashley 0000010564 550.57 Line Description: Only Retiree Med Ins Payment 004103 09/30/15 P Dan Stevenson 0000013602 934.05 Line Description: Only Retiree Med Ins Payment 004104 09/30/15 P Danny Hogue 0000006802 1,636.68 Line Description Qrtly Retiree Med Ins Payment 11% Supplemental Pay Oct 2015 004105 09/30/15 P Darlene Bell 0000005602 723.75 Line Description: Only Retiree Med Ins Payment 1°/ Supplemental Pay Oct 2015 004106 09/30/15 P David A Dye 0000002065 913.31 Line Description: Orly Retiree Med Ins Payment 1 % Supplemental Pay Oct 2015 004107 09/30/15 P David Goerke 0000009386 1,134.00 Line Description: Only Retiree Med Ins Payment 004108 09/30/15 P David Makiyama 0000003041 1,084.05 Line Description: Qrtly Retiree Med Ins Payment 004109 09/30/15 P David Maurer 0000007564 1.134.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP7 Run Time 9:25:39 AM Cycle: ADIRDP Payment Ref Date Status Remit To Line Description: Qrtly Retiree Med Ins Payment 004110 09/30/15 P David S Andersen Line Description: Qrtly Retiree Med Ins Payment 004111 09/30/15 P David Sorge Line Description: Qrtly Retiree Med Ins Payment 004112 09/30/15 P Deborah Zimmerman Line Description: Qrtly Retiree Med Ins Payment 004113 09/30/15 P Debra Yasui Line Description: Qrtly Retiree Med Ins Payment 004114 09/30/15 P Dee Dee H Nelson Line Description: Qrtly Retiree Med Ins Payment 004115 09/30/15 P Dennis B Sanders Line Description: Qrtly Retiree Med Ins Payment 004116 09/30/15 P Diane M Jarrett Line Description: Qrtly Retiree Med Ins Payment 004117 09/30/15 P Donald B Brown Line Description: Qrtly Retiree Med Ins Payment 004118 09/30/15 P Doneen Westenhaver Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000001040 0000004068 0000023438 ;�nnnnnr`�cy it➢DIr➢SQ:3.�67 0000003910 0000007645 0000004900 0000009746 Payment Amt 984.00 934.05 934.05 984.00 433.95 796.50 448.73 1.134.00 515.54 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle, Arnprip Payment Ref Date Status Remit To Remit ID PaymentAmt 004119 09/30/15 P Donna J Theriault 0000005411 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004120 09/30/15 P Edmond Zuorski 0000005299 1,850.69 Line Description: Orly Retiree Med Ins Payment 4th Qtr 2015 JPEBA 1 % Supplemental Pay Oct 2015 004121 09/30/15 P Edward Dryzmala 0000006686 1,927.85 Line Description: Only Retiree Med Ins Payment 1% Supplemental Pay Oct 2015 004122 09/30/15 P Edward H Hunter 0000002597 550.57 Line Description: Qrtly Retiree Med Ins Payment 004123 09/30/15 P Edward Petros 0000003615 1,033.95 Line Description: Only Retiree Med Ins Payment 004124 09/30/15 P Edward W Lewis 0000002956 397.81 Line Description: Qrtly Retiree Med Ins Payment 004125 09/30/15 P Elaine Chiang 0000007135 433.95 Line Description: Qrtly Retiree Med Ins Payment 004126 09/30/15 P Elaine Steinhardt 0000004153 680.33 Line Description: Only Retiree Med Ins Payment 004127 09/30/15 P Ellen M Fenwick 0000023268 1,134.00 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: Anipnp Payment Ref Date Status Remit To 004128 09/30/15 P Florine T Reichle Line Description: Qrtly Retiree Med Ins Payment 004129 09/30/15 P Frank A Upham Line Description: Qrtly Retiree Med Ins Payment 004130 09/30/15 P Garth M Wilson Line Description: Qrtly Retiree Med Ins Payment 004131 09/30/15 P Gary D Webster Line Description: Qrtly Retiree Med Ins Payment 1% Supplemental Pay Oct 2015 004132 09/30/15 P Gary Hook Line Description: Only Retiree Med Ins Payment 004133 09/30/15 P Gary Wong Line Description: Only Retiree Med Ins Payment 004134 09/30/15 P Gene Barbee Line Description: Only, Retiree Med Ins Payment 004135 09/30/15 P George A Rose Line Description: Qrtly Retiree Med Ins Payment 004136 09/30/15 P George J Yezbick Jr Line Description: Qrtly Retiree Med Ins Payment 1 % Supplemental Pay Oct 2015 Remit ID 0000003787 0000004363 0000004563 0000004487 0000008916 0000012009 0000001188 0000007595 CQrPDUPbY�EF7 Payment Amt 652.41 397.81 ifRL[IP1 2,263.44 883.95 586.10 626.95 1,033.95 1,714.57 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: Anipnp Payment Ret Date Status Remit To Remit ID PaymentAmt 004137 09/30/15 P George L Lorton 0000002995 652.41 Line Description: Qrtly Retiree Med Ins Payment 004138 09/30/15 P Georgia Ethier 0000002154 652.41 Line Description: Only Retiree Med Ins Payment 004139 09/30/15 P Gerald Vasquez 0000006833 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004140 09/30/15 P Gerald W Stucky 0000004172 652.41 Line Description: Qrtly Retiree Med Ins Payment 004141 09/30/15 P Gregg A Steward 0000004159 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004142 09/30/15 P Gregory J Edwards 0000001384 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004143 09/30/15 P Gregory Knackert 0000017588 652.41 Line Description: Only Retiree Med Ins Payment 004144 09/30/15 P H Michael Griffin 0000006936 534.00 Line Description: Orly Retiree Med Ins Payment 004145 09/30/15 P Harlan Pauley 0000003569 877.98 Line Description: Qrtly Retiree Med Ins Payment 1% Supplemental Pay Oct 2015 4th Qtr 2015 JPEBA Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle, Payment Ref Date Status Remit To 004146 09/30/15 P Helen Nenadal Line Description: Qrtly Retiree Med Ins Payment 004147 09/30/15 P Helene Rosenbaum Line Description: Qrtly Retiree Med Ins Payment 004148 09/30/15 P Herbert C Ohde Jr Line Description: Qrtly Retiree Med Ins Payment 004149 09/30/15 P Hilda Vetuns Line Description: Only Retiree Med Ins Payment 004150 09/30/15 P Holly L Carver Line Description: Qrtly Retiree Med Ins Payment 004151 09/30/15 P Howard N Perkins Line Description: Qdly Retiree Med Ins Payment 004152 09/30/15 P Jack D Schuitt Line Description: Qrtly Retiree Med Ins Payment 004153 09/30/15 P Jack Koch Line Description: Qrtly Retiree Med Ins Payment 004154 99/30/15 P Jack L Archer Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000022319 0000003861 0000003399 0000017611 0000001597 0000003595 0000003952 0000002859 0000001062 Payment Amt 1.134.00 IFAAC! 1.134.00 433.95 1,134.00 834.00 652.41 397.81 filtZ[QS Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: ADIRDP Payment Ref Date Status Remit To Remit I 004155 09/30/15 P James C Wysong 0000004594 Line Description: Qrtly Retiree Med Ins Payment 004156 09/30/15 P James E Higgins Jr 0000007687 Line Description: Qrtly Retiree Med Ins Payment 004157 09/30/15 P James M Ellis 0000002107 Line Description: Only Retiree Med Ins Payment 004158 09/30/15 P James M Gottenbos 0000002385 Line Description: Qrtly Retiree Med Ins Payment 004159 09/30/15 P James M Miller 0000007440 Line Description: Monthly LTD Payment Oct 2015 004160 09/30/15 P James Morrison 0000010566 Line Description: Orly Retiree Med Ins Payment 004161 09/30/15 P James N Dibble 0000005626 Line Description: Qrtly Retiree Med Ins Payment 004162 09/30/15 P James R Wilke Jr 0000004555 Line Description: Orly Retiree Med Ins Payment 004163 09/30/15 P James T Switzer 0000004203 Line Description: Only Retiree Med Ins Payment 004164 09/30/15 P James T Warnack 0000004465 Line Description: Orly Retiree Med Ins Payment Payment Amt 1,134.00 652.41 1,134.00 984.00 2,500.00 520.53 601.49 509.75 796.50 1,134.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: anipnD layment Ref Date Status Remit To 004165 09/30/15 P James Watson Line Description: Qrtly Retiree Med Ins Payment 004166 09/30/15 P Jana L Cacho Line Description: Qrtly Retiree Med Ins Payment 004167 09/30/15 P Jeff Janzen Line Description: Qrtly Retiree Med Ins Payment 004168 09/30/15 P Jeffery Skee Line Description: Qrtly Retiree Med Ins Payment 004169. 09/30/15 P Jeffrey J McCann Line Description: Qrtly Retiree Med Ins Payment 004170 09/30/15 P Jerauld D Holloway Line Description: Qrtly Retiree Med Ins Payment 004171 09/30/15 P Jerry A Scheer Line Description: Qrtly Retiree Med Ins Payment 004172 09/30/15 P Jess Gilman Line Description: Qrtly Retiree Med Ins Payment 004173 09/30/15 P John D Hensley Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000004476 0000010556 0000002735 0000005410 0000003101 0000002556 0000007789 mnlvvurxxri 0000013672 Payment Amt 652.41 1,134.00 1.134.00 1,059.00 1,084.05 759.00 380.74 1,134.00 634.05 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: Anipnp Payment Ref Date Status Remit To Remit ID Payment Amt 004174 09/30/15 P John Downey 0000009004 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004175 09/30/15 P John KSusman 0000006349 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004176 09/30/15 P John L Skinner 0000004038 397.81 Line Description: Qrtly Retiree Med Ins Payment 004177 09/30/15 P John Petruz iello 0000003616 384.00 Line Description: Qrdy Retiree Med Ins Payment 004178 09/30/15 P John S Michalec 0000019250 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004179 09/30/15 P John W Mullin 0000010568 1,033.95 Line Description: Qrtly Retiree Med Ins Payment 004180 09/30/15 P Jon B Whitcomb 0000005651 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004181 09/30/15 P Jose Tovar 0000004283 397.81 Line Description: Qrtly Retiree Med Ins Payment 004182 09/30/15 P Josephine Hammonds 0000002443 534.00 Line Description: Qrtly Retiree Med Ins Payment 004183 09/30/15 P Judith G Covey 0000009690 423.27 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: Payment Ref Date Status Remit To 004184 09/30/15 P Karen L Adams Line Description: Qrtly Retiree Med Ins Payment 004185 09/30/15 P Karen S Goettsch Line Description: Qrtly Retiree Med Ins Payment 004186 09/30/15 P Kayoko Hayman Line Description: Qrtly Retiree Med Ins Payment 004187 09/30/15 P Keith I Fujimoto Line Description: Qrtly Retiree Med Ins Payment 004188 09/30/15 P Kenneth N Blakkan Line Description: Qrtly Retiree Med Ins Payment 004189 09/30/15 P Kevin T Meng Line Description: Qrtly Retiree Med Ins Payment 004190 09/30/15 P Larry Bell Line Description: Qrtly Retiree Med Ins Payment 004191 09/30/15 P Larry G Bersch Line Description: Qrtly Retiree Med Ins Payment 004192 09/30/15 P Laura Ginther Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000013935 0000005785 0000007024 0000001288 0000003133 0000007802 0000001251 0000023134 Payment Amt 245.05 LY16bYtl CPbbIU 1,134.00 397.81 1,134.00 583.95 397.81 iifrAOR Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDPt Run Time 9:25:39 AM Cycle: Antgnp layment Ref Date Status Remit To Remit ID Payment Amt 004193 09/30/15 P Lester H Gogerty, III 0000002359 1,134.00 Line Description: Only Retiree Med Ins Payment 004194 09/30/15 P Linda A Matthews 0000003089 571.50 Line Description: Qrtly Retiree Med Ins Payment 004195 09/30/15 P Linda Boylan 0000023340 57.98 Line Description: 1% Supplemental Pay Oct 2015 004196 09/30/15 P Linda F Divino 0000009007 321.43 Line Description: Qrtly Retiree Med Ins Payment 004197 09/30/15 P Loren P Wyrick 0000004593 981.30 Line Description: Qrtly Retiree Med Ins Payment 004198 09/30/15 P Madeline A Miller 0000003179 516.66 Line Description: Only Retiree Med Ins Payment 004199 09/30/15 P Maher Nawar 0000004714 652.41 Line Description: Qrtly Retiree Med Ins Payment 004200 09/30/15 P Memo Arruda 0000001081 245.05 Line Description: Orly Retiree Med Ins Payment 004201 09/30/15 P Margaret A Peterman 0000003606 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004202 09/30/15 P Marguerite De La Torre 0000004997 1,134.00 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable - Page No. 15 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: ADIRDID Payment Ref Date Status Remit To 004203 09/30/15 P Marilyn Guimond Line Description: Qrtly Retiree Med Ins Payment 004204 09/30/15 P Mark W Brown Line Description: Only Retiree Med Ins Payment 004205 09/30/15 P Martin Carver Line Description Only Retiree Med Ins Payment 004206 09/30/15 P Mary R Delaney Line Description: Qrtly Retiree Med Ins Payment 004207 09/30/15 P Matthew J Collett Line Description: Qrtly Retiree Med Ins Payment 1 % Supplemental Pay Oct 2015 4th Qtr 2015 JPEBA 004208 09/30/15 P Meloni A Bersch Line Description: Only Retiree Med Ins Payment 004209 09/30/15 P Michael A Cacho Line Description: Only Retiree Med Ins Payment 004210 09/30/15 P Michael Everson Line Description: Qrtly Retiree Med Ins Payment 004211 09/30/15 P Michael Guevara Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000015161 0000014498 0000001598 0000015807 0000001720 0000004213 0000001471 16LbDU10AVA:I 0000005099 Payment Amt 733.95 1.134.00 1010110141 312.97 1,515.66 740.28 1,134.00 1,134.00 1,134.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 004212 09/30/15 P Michael Hastert 0000006107 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004213 09/30/15 P Michael J Millington 0000003184 372.35 Line Description: Qrtly Retiree Med Ins Payment 004214 09/30/15 P Michael R Balsis 0000009424 1,071.75 Line Description: Qrtly Retiree Med Ins Payment 004215 09/30/15 P Michael Robinson 0000015736 1,134.00 Line Description: Only Retiree Med Ins Payment 004216 09/30/15 P Michael S Di Giovanni 0000001982 499-65 Line Description: Qrtly Retiree Med Ins Payment 004217 09/30/15 P Michael S Fanto=i 0000004715 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004218 09/30/15 P Michael T Dyer 0000002067 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004219 09/30/15 P Muriel Ullman 0000001244 583.95 Line Description: Qrtly Retiree Med Ins Payment 004220 09/30/15 P Mydung Parsons 0000009553 484.05 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 004221 09/30/15 P Nancy M Croft 0000016184 1,134.00 Line Description Only Retiree Med Ins Payment 004222 09/30/15 P Norman Schurb 0000003957 652.41 Line Description: Only Retiree Med Ins Payment 004223 09/30/15 P Olivia Ramirez 0000003750 652.41 Line Description: Qrtly Retiree Med Ins Payment 004224 09/30/15 P PJ Steele 0000014443 380.80 Line Description: Only Retiree Med Ins Payment 004225 09/30/15 P Patricia A Litten 0000002976 219.59 Line Description: Qrtly Retiree Med Ins Payment 004226 09/30/15 P Patty R Brown 0000001423 397.81 Line Description: Qrtly Retiree Med Ins Payment 004227 09/30/15 P Paul A Cappuccilli 0000007705 1,214.50 Line Description: 1 % Supplemental Pay Oct 2015 - 004228 09/30/15 P Paul Dondero 0000002023 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004229 09/30/15 P Paul V Stam 0000010841 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004230 09/30/15 P Perry L Valentine 0000004384 1,134.00 Line Description: Only Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 - Run Time 9:25:39 AM Cycle: Anipnp Payment Ref Date Status Remit To 004231 09/30/15 P Phil Dickens Line Description: Only Retiree Med Ins Payment 1% Supplemental Pay Oct 2015 004232 09/30/15 P Philip Hartman Line Description: Only Retiree Med Ins Payment 004233 09/30/15 P Philip L Myers Line Description: Qrtly Retiree Med Ins Payment 004234 09/30/15 P Phillip R Schmuck Line Description: Qrtly Retiree Med Ins Payment 004235 09/30/15 P Phillip Worsman Line Description: Qrtly Retiree Med Ins Payment 004236 09/30/15 P Randall J Croll Line Description: Qrtly Retiree Med Ins Payment 004237 09/30/15 P Randall R Hicks Line Description: Wily Retiree Med Ins Payment 004238 09/30/15 P Raymond M Healey Line Description: Qrtly Retiree Med Ins Payment 004239 09/30/15 P Raymond Pawloski Line Description: Only Retiree Med Ins Payment Remit ID 0000005801 0000002474 [�IfI�➢IQBYiL! 16DD1411D91MIN [�IQQ�DDE6R3.1 0000013426 0000002526 0000002491 0000003572 Payment Amt 1,036.87 1,134.00 1,134.00 397.81 657.31 1.134.00 1.134.00 Mly&.il 984.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: layment Ref Date Status Remit To Remit ID Payment Amt 004240 09/30/15 P Renee K Farden 0000016962 834.00 Line Description: Only Retiree Med Ins Payment 004241 09/30/15 P Richard Allum 0000000987 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004242 09/30/15 P Richard D Raines 0000003747 652.41 Line Descnption: Qrtly Retiree Med Ins Payment 004243 09/30/15 P Richard J Johnson 0000005620 1,882.61 Line Description: Orly Retiree Med Ins Payment 1 % Supplemental Pay Oct 2015 004244 09/30/15 P Richard Kirkbride 0000007614 534.00 Line Description: Only Retiree Med Ins Payment 004245 09/30/15 P Richard S Greer 0000002413 601.49 Line Description: Qrtly Retiree Med Ins Payment 004246 09/30/15 P Richard Simons 0000022287 1,134.00 Line Description: Only Retiree Med Ins Payment 004247 09/30/15 P Robert Haynes 0000002486 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004248 09/30/15 P RobertJ Durham 0000006151 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004249 09/30/15 P Robert J Pesce 0000003604 691.89 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 20 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle' ADIRDP Payment Ref Date Status Remit To Line Description: Only Retiree Med Ins Payment 004250 09/30/15 P Robert O'Brien Line Description: Qrtly Retiree Med Ins Payment 004251 09/30/15 P Robert W Reynolds Line Description: Qrtly Retiree Med Ins Payment 004252 09/30/15 P Robert W Stinman Line Description: Qrtly Retiree Med Ins Payment 004253 09/30/15 P Ronald J Chamberlin Line Description: Qrtly Retiree Med Ins Payment 004254 09/30/15 P Ronald P Stone Line Description: Only Retiree Med Ins Payment 004255 09/30/15 P Ronald R Merritt Line Description: Qrtly Retiree Med Ins Payment 004256 09/30/15 P Ross E McKelvey Line Description: Only Retiree Med Ins Payment 004257 09/30/15 P Russell J Yankie Line Description: Qrtly Retiree Med Ins Payment 004258 09/30/15 P Salem Abderrahman Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000012731 0000003801 0000018058 0000014890 0000004167 0000012885 0000009897 0000015036 0000000877 Payment Amt 298.90 825.00 1,134.00 634.05 883.95 1,134.00 601.49 1,134.00 984.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 21 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 004259 09/30/15 P Sandra B Benson 0000006459 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004260 09/30/15 P ScottA May 0000003092 1,134.00 Line Description: City Retiree Med Ins Payment 004261 09/30/15 P Scott Coykendall 0000001849 1,134.00 Line Description: Only Retiree Med Ins Payment 004262 09/30/15 P Stephen G Calles 0000009071 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004263 09/30/15 P Stephen R Tiedeman 0000004258 840.00 Line Description: Qrtly Retiree Med Ins Payment 004264 09/30/15 P Stephen Ridgway 0000003815 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004265 09/30/15 P Sue Hupp 0000001879 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 004266 09/30/15 P Susan Baldwin 0000010199 211.13 Line Description: QTly Retiree Med Ins Payment 004267 09/30/15 P Susan Lannnore 0000002911 634.05 Line Description: Qrtly Retiree Med Ins Payment 004268 09/30/15 P Ted Curry 0000001896 1,037.98 Line Description. Monthly LTD Payment Oct 2015 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 22 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM Cycle: Payment Ref Date Status Remit To 004269 09/30/15 P Thanh Bui Line Description: Qrtly Retiree Med Ins Payment 004270 09/30/15 P Thomas Clevenger Line Description: Qrtly Retiree Med Ins Payment 004271 09/30/15 P Thomas Coute Sr Line Description: Qrtly Retiree Med Ins Payment 004272 09/30/15 P Thomas J Lazar Line Description: Qrtly Retiree Med Ins Payment 1 % Supplemental Pay Oct 2015 004273 09/30/15 P Thomas J Nunn Line Description: Qrtly Retiree Med Ins Payment 004274 09/30/15 P Thomas R Caldwell Line Description: Qrtly Retiree Med Ins Payment 004275 09/30/15 P Tom A Curtis Line Description: Qrtly Retiree Med Ins Payment 004276 09/30/15 P Tom O Winter Line Description: Qrtly Retiree Med Ins Payment 004277 09/30/15 P Trudy Nuzum Line Description: Qrtly Retiree Med Ins Payment 4th Qtr 2015 JPEBA Remit ID 0000005710 0000009747 0000009384 0000002925 0000003376 0000012035 0000001898 0000005460 0000003379 Payment Amt 981.30 796.50 721.50 2,304.74 652.41 1,096.50 1.134.00 1,134.00 652.40 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 23 SUMMARY CHECK REGISTER Run Date Sep 28,2015 Bank: DDP1 Run Time 9:25:39 AM C cle: anipnp Payment Ref Date Status Remit To 004278 09/30/15 P Vernon D Hupp Line Description: Only Retiree Med Ins Payment 4th Qtr 2015 JPEBA 004279 09/30/15 P Walter S Silver Jr Line Description: Only Retiree Med Ins Payment 004280 09/30/15 P Wanda Ayers Line Description: Only Retiree Med Ins Payment 004281 09/30/15 P Wendell L Maberry Line Description: Qdly Retiree Med Ins Payment 004282 09/30/15 P William F McLean Line Description: Qrtly Retiree Med Ins Payment 004283 09/30/15 P William H Bechtel Line Description: Only Retiree Med Ins Payment 4th Qtr 2015 JPEBA 1 % Supplemental Pay Oct 2015 004284 09/30/15 P William Morris Line Description: Only Retiree Med Ins Payment 004285 09/30/15 P William P Redmond Line Description: Only Retiree Med Ins Payment End of Report Remit ID Payment Amt 0000002604 1,338.24 0000004026 652.41 0000011741 733.95 0000003031 652.41 0000013455 740.28 0000001224 2,281.76 0000003236 414.81 0000003775 1,134.00 TOTAL $191,423.10 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CIN Run Time 3:14:59 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0191840 09/30/15 P Allan L Roeder 0000003720 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191841 09/30/15 P Antonio Macias 0000021817 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191842 09/30/15 P Archie Locke 0000002985 463.71 Line Description: Qrtly Retiree Med Ins Payment 0191843 09/30/15 P Barbara Tintle 0000016912 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191844 09/30/15 P Betty M Bent 0000018841 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191845 09/30/15 P Bonnie Kubota 0000005792 519.02 Line Description: Qrtly Retiree Med Ins Payment 0191846 09/30/15 P Bradley Whiteaker 0000000341 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191847 09/30/15 P Bruce McGregor 0000011206 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191848 09/30/15 P Bryan Artunian 0000001085 652.41 Line Description: Qrtly Retiree Med Ins Payment 0191849 09/30/15 P Burton Santee 0000003920 1,134.00 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CIN Run Time 3:14:59 PM Cycle, AFLim Payment Ref Date Status Remit To 0191850 09/30/15 P Catherine C Holland Line Description: Qrtly Retiree Med Ins Payment 0191851 09/30/15 P Charm Camarillo Line Description: Qrtly Retiree Med Ins Payment 0191852 09/30/15 P Charles Duvall Line Description: Qrtly Retiree Med Ins Payment 0191853 09/30/15 P Chris Holmes Line Description: Only Retiree Med Ins Payment 0191854 09/30/15 P Chris Reed Line Description: Qrtly Retiree Med Ins Payment 0191855 09/30/15 P Dale R Birney Line Description: Qrtly Retiree Med Ins Payment 0191856 09/30/15 P Dan Mudra Line Description: Qrtly Retiree Med Ins Payment 0191857 09/30/15 P Darrel Raney Line Description: Qrtly Retiree Med Ins Payment 0191858 09/30/15 P David Alkema Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000010557 0000001558 0000002063 0000002557 0000003777 0000001277 0000006272 0000005800 0000000970 Payment Amt 652.41 476.20 652.41 1,134.00 665.44 1,134.00 840.00 1,134.00 550.57 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM C cle: ArnRA Payment Ref Date Status Remit To Remit ID Payment Amt 0191859 09/30/15 P David E Walker 0000004451 652.41 Line Description.: Qrtly Retiree Med Ins Payment 0191860 09/30/15 P David Tait 0000022487 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191861 09/30/15 P Dawna Myers 0000003273 1,033.95 Line Description: Qrtly Retiree Med Ins Payment 0191862 09/30/15 P Deanna Reed 0000002777 448.73 Line Description: Qrtly Retiree Med Ins Payment 0191863 09/30/15 P Dennis Barton 0000001209 168.67 Line Description: Qrtly Retiree Med Ins Payment 0191864 09/30/15 P Diana Wendt -Pool 0000006509 459.00 Line Description: Qrtly Retiree Med Ins Payment 0191865 09/30/15 P Diane Butler 0000008078 - 391.41 Line Description: Qrtly Retiree Med Ins Payment 0191866 09/30/15 P Diane J Moore 0000003221 484.05 Line Description: Qrtly Retiree Med Ins Payment 0191867 09/30/15 P Don Boynton 0000015805 431.88 Line Description: Qrtly Retiree Med Ins Payment 0191868 09/30/15 P Don Holford 0000006025 711.84 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM C cle: Payment Ref Date Status Remit To 0191869 09/30/15 P Donna Fagot Line Description: Qrtly Retiree Med Ins Payment 0191870 09/30/15 P Douglas Wilson Line Description: Qrtly Retiree Med Ins Payment 0191871 09/30/15 P Edrick Miller Line Description: Qrtly Retiree Med Ins Payment 0191872 09/30/15 P Eileen Phinney Line Description: Qrtly Retiree Med Ins Payment 0191873 09/30/15 P Eric Engle Line Description: Qrtly Retiree Med Ins Payment 0191874 - 09/30/15 P Eric Johnson Line Description: Qrtly Retiree Med Ins Payment 0191875 09/30/15 P Floyd Waldron Line Description: Qrtly Retiree Med Ins Payment 0191876 09/30/15 P Frank Fantino Line Description: Qrtly Retiree Med Ins Payment 0191877 09/30/15 P Frank Rudisill Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000013934 0000006759 0000003177 0000003624 0000002128 0000002765 0000006848 [SPI@IQ�FY:Id1. 0000003871 Payment Amt 162.95 I/ N11111 397.81 1,134.00 1,134.00 1,134.00 1,134.00 626.95 691.89 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle' Payment Ref Date Status Remit To Remit ID Payment Amt 0191878 09/30/15 P Frederick Merrill 0000005365 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191879 09/30/15 P Fredric Wagner 0000004444 1,096.50 Line Description: Qrtly Retiree Med Ins Payment 0191880 09/30/15 P Gale Tuso 0000017460 233.08 Line Description: 1 % Supplemental Pay Oct 2015 0191881 09/30/15 P Gary Bray 0000005933 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191882 09/30/15 P Gary Golson 0000002370 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191883 09/30/15 P Gary L Conlon 0000001762 474.19 Line Description: Qrtly Retiree Med Ins Payment 0191884 09/30/15 P Gary Mc Erlain 0000017407 1,134.00 Line Description: Only Retiree Med Ins Payment 0191885 09/30/15 P Gaylen L Mattson 0000003090 5.52 Line Description: 4th Qtr 2015 JPEBA 0191886 09/30/15 P Gerald Poarch 0000003653 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191887 09/30/15 P Gerald Venaolf 0000004413 312.97 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No.129,20pi SUMMARY CHECK REGISTER Run Date Sep Bank: CITY Run Time 3:1 Cycle: Payment Ref Date Status Remit To 0191888 09/30/15 P Gerard Stukkie Line Description: Qrtly Retiree Med Ins Payment 0191889 09/30/15 P Glen Stroud Line Description: Qrtly Retiree Med Ins Payment 0191890 09/30/15 P Harold Arnold Line Description: Only Retiree Med Ins Payment 0191891 09/30/15 P Harold Newbern Line Description: Qrtly Retiree Med Ins Payment 0191892 09/30/15 P Harry Durham Line Description: Qrtly Retiree Med Ins Payment 0191893 09/30/15 P Henry Santo Line Description: Qrtly Retiree Med Ins Payment 0191894 09/30/15 P Herbert Burnham Line Description: Qrtly Retiree Med Ins Payment 0191895 09/30/15 P Jack Pittman _ Line Description: Qrtly Retiree Med Ins Payment 0191896 09/30/15 P Jack T Stewart Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000004174 0000006152 0000001076 0000013391 0000002060 0000003921 11DI1I1DB1151-MI 0000014441 0000013411 Payment Amt 1,134.00 491.37 1.134.00 652.41 840.00 397.81 652.41 1,033.95 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0191897 09/30/15 P James Boucher 0000021818 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191898 09/30/15 P James Green 0000002408 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191899 09/30/15 P James Parnell 0000003558 463.71 Line Description: Qrtly Retiree Med Ins Payment 0191900 09/30/15 P James Solliday 0000015717 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191901 09/30/15 P Jane Duenweg 0000021556 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191902 09/30/15 P Jim Loving 0000020293 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191903 09/30/15 P John Bull 0000003233 - 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191904 09/30/15 P John E Fitzpatrick 0000002234 1,134.00 Line Description: Only Retiree Med Ins Payment 0191905 09/30/15 P John M Calderon 0000001484 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191906 09/30/15 P John Michael 0000003163 397.81 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle: AFOM Payment Ref Date Status Remit To 0191907 09/30/15 P John Phemn Line Description: Qrtly Retiree Med Ins Payment 0191908 09/30/15 P Joyce E Tillner Line Description: 1 % Supplemental Pay Oct 2015 0191909 09/30/15 P Judy Vickers Line Description: Qrtly Retiree Med Ins Payment 0191910 09/30/15 P Karin Robinson Line Description: Qrtly Retiree Med Ins Payment 0191911 09/30/15 P Karl J Verhoef Line Description: Qrtly Retiree Med Ins Payment 0191912 09/30/15 P Keith M Jones Line Description: Only Retiree Med Ins Payment 0191913 09/30/15 P Keith Van Holt Line Description: Qrtly Retiree Med Ins Payment 0191914 09/30/15 P Kenneth Leake Line Description: Qrtly Retiree Med Ins Payment 0191915 09/30/15 P Kenneth Soltis Line Description: Qrtly Retiree Med Ins Payment Remit ID DPU➢PI�RPRiI 0000018762 0000007219 0000008079 0000004410 0000002776 0000007339 0000011246 UIHHrUD7[sIgl Payment Amt 909.00 65.65 634.05 480.31 1,134.00 1,134.00 652 41 740.28 652.41 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CIN Run Time 3:14:59 PM Cycle: AFQhA Payment Ref Date Status Remit To Remit ID Payment Amt 0191916 09/30/15 P Kevin Gleason 0000006350 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191917 09/30/15 P Kevin Lovelady 0000003006 721.50 Line Description: Qr ly Retiree Med Ins Payment 0191918 09/30/15 P Klaus Straschil 0000004169 463.71 Line Description: Qrtly Retiree Med Ins Payment 0191919 09/30/15 P Kurt Lystne 0000008712 883.95 Line Description: Qrtly Retiree Med Ins Payment 0191920 09/30/15 P Larry Arruda 0000001080 652.41 Line Description: Qrtly Retiree Med Ins Payment 0191921 09/30/15 P Larry M Hicks 0000002525 981.30 Line Description: Qrtly Retiree Med Ins Payment 0191922 09/30/15 P Lawrence N Herren 0000002506 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191923 09/30/15 P Lawrence P Torres 0000004278 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191924 09/30/15 P Lawrence Stice 0000015806 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191925 09/30/15 P Lena Leonard 0000008080 525.11 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle, Payment Ref Date Status Remit To 0191926 09/30/15 P Leonard Raab Line Description: Qrtly Retiree Med Ins Payment 0191927 09/30/15 P Lou Steiner Line Description: Qrtly Retiree Med Ins Payment 0191928 09/30/15 P Marc Yuhasz Line Description: Qrtly Retiree Med Ins. Payment 0191929 09/30/15 P Marie Thompson Line Description: Orly Retiree Med Ins Payment 0191930 09/30/15 P Marilyn Ellis-Hollobaugh Line Description: Qrtly Retiree Med Ins Payment 0191931 09/30/15 P Marilyn K Sutton Line Description: Qrtly Retiree Med Ins Payment 0191932 09/30/15 P Marty Huguenin Line Description: Qrtly Retiree Med Ins Payment 0191933 09/30/15 P Merton Switzer Line Description: Qrtly Retiree Med Ins Payment 0191934 09/30/15 P Michael Basso Line Description: Orly Retiree Med Ins Payment Remit ID 0000003735 0000005965 0000004609 0000000038 0000002108 11DI110PE11411I 0000002591 0000004204 0000021265 Payment Amt 397.81 1,134.00 1,134.00 268.73 397.81 834.00 1,134.00 0I:0IO 1,134.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle, Apngfi 'ayment Ref Date Status Remit To Remit ID Payment Amt 0191935 09/30/15 P Michael Moran 0000018227 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191936 09/30/15 P Michael Swanson 0000006237 1,096.50 Line Description: Qrtly Retiree Med Ins Payment 0191937 09/30/15 P Michael Treanor 0000006788 652.41 Line Description: Qrtly Retiree Med Ins Payment 0191938 09/30/15 P Michael V Ginther 0000002339 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191939 09/30/15 P Michael W Carver 0000001599 1,084.05 Line Description: Qrtly Retiree Med Ins Payment 0191940 09/30/15 P Mitchell G Phillips 0000004711 934.05 Line Description: Qrtly Retiree Med Ins Payment 0191941 09/30/15 P Morris House 0000002578 550.57 Line Description: Qrtly Retiree Med Ins Payment 0191942 09/30/15 P Neil Leveratt 0000002948 1,134.00 Line Description: Only Retiree Med Ins Payment 0191943 09/30/15 P Norman Kutch 0000002875 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191944 09/30/15 P Pamela S Greene 0000005256 365.39 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle' AFORA Payment Ref Date Status Remit To 211.13 0000012128 550.87 0191945 09/30/15 P Patricia Novack Line Description: Qrtly Retiree Med Ins Payment 0191946 09/30/15 P Paul Durham Line Description: Qrtly Retiree Med Ins Payment 0191947 09/30/15 P Paul Moody Line Description: Qrtly Retiree Med Ins Payment 0191948 09/30/15 P Perry J Grant Line Description: 4th Qtr 2015 JPEBA Qrtly Retiree Med Ins Payment 0191949 09/30/15 P Peter Hay Line Description: Qr ly Retiree Med Ins Payment 0191950 09/30/15 P Peter Merritt Line Description: 4th Qtr 2015 JPEBA Qrtly Retiree Med Ins Payment 0191951 09/30/15 P Peter Naghavi Line Description: Qrtly Retiree Med Ins Payment 0191952 09/30/15 P Peter Tenace Line Description: Qrtly Retiree Med Ins Payment 0191953 09/30/15 P Raul Perez Line Description: Qrtly Retiree Med Ins Payment Remit ID Payment Amt 0000012034 601.49 0000002061 397.81 0000008766 1,134.00 0000008771 740.72 0000006114 784.05 0000005114 1,434.00 0000007860 984.00 0000007198 211.13 0000012128 550.87 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Sep 29,205 Bank: Bank: CIN - Run Time 3:14:59 PM C cls: Payment Ref Date Status Remit To Remit ID Payment Amt 0191954 09/30/15 P Raynard Johnson 0000002771 463.71 Line Description: Qrtly Retiree Med Ins Payment 0191955 09/30/15 P Rebekah Tapie 0000004719 534.00 Line Description: Qrtly Retiree Med Ins Payment 0191956 09/30/15 P Richard Boucher 0000014716 1.134.00 Line Description_ Qrtly Retiree Med Ins Payment 0191957 09/30/15 P Robert B Phillips 0000005388 1,134.00 Line Description: Only Retiree Med Ins Payment 0191958 09/30/15 P Robert Baumgardner 0000001215 321.63 Line Description: Only Retiree Med Ins Payment 0191959 09/30/15 P Robert Beauchamp 0000001223 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191960 09/30/15 P Robert Bark 0000001350 618.50 Line Description: Qrtty Retiree Med Ins Payment 0191961 09/30/15 P Robert Bourdieu 0000021267 1,084.05 Line Description: Qrtly Retiree Med Ins Payment 0191962 09/30/15 P Robert Carter 0000008180 652.41 Line Description: Only Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0191963 09/30/15 P Robert Ciszek 0000001670 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191964 09/30/15 P Robert Crogan 0000001876 387.55 Line Description: Qrtly Retiree Med Ins Payment 0191965 09/30/15 P Robert D Walters 0000004459 520.53 Line Description: Qrtly Retiree Med Ins Payment 0191966 09/30/15 P Robert Fate 0000002183 6,378.25 Line Description: 4th Qtr 2015 JPEBA Qrtly Retiree Med Ins Payment 0191967 09/30/15 P Robert L Taylor 0000006299 652.41 Line Description: Qrtly Retiree Med Ins Payment 0191968 09/30/15 P Robert Moody 0000003215 740.28 Line Description: Qrtly Retiree Med Ins Payment 0191969 09/30/15 P Robert Van Sickle 0000004394 652.41 Line Description: Qrtly Retiree Med Ins Payment 0191970 09/30/15 P Roger Neth 0000003312 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191971 09/30/15 P Ronald A Smith 0000004053 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191972 09/30/15 P Ronald Cloe 0000001693 1,134.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM C cle: Apnftfi Payment Ref Date Status Remit To Line Description: Qrtly Retiree Med Ins Payment 0191973 09/30/15 P Rosemarie Desola Line Description: Qrtly Retiree Med Ins Payment 0191974 09/30/15 P Rosemary Dodson Line Description: Qrtly Retiree Med Ins Payment 0191975 09/30/15 P Roy June Line Description: Qrtly Retiree Med Ins Payment 0191976 09/30/15 P Rulon Hatch Line Description: Qrtly Retiree Med Ins Payment 0191977 09/30/15 P Russell C Parker Line Description: Qrtly Retiree Med Ins Payment 0191978 09/30/15 P Sam Cordeiro Line Description: Qrtly Retiree Med Ins Payment 0191979 09/30/15 P Sam Nguyen Line Description: Qrtly Retiree Med Ins Payment 0191980 09/30/15 P Sandi Lishka Line Description: 4th Qtr 2015 JPEBA Qrtly Retiree Med Ins Payment 0191981 09/30/15 P Scott Broussard Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000014444 0000012364 0000002786 0000006012 0000007435 0000001794 0000021573 0000015808 0000001420 Payment Amt 143.21 482.18 162.95 652.41 1,134.00 652.41 1,084.05 742.64 1,033.95 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CIN Run Time 3:14:59 PM C cle: Payment Ref Date Status Remit To 0191982 09/30/15 P Sheila Maurice Line Description: Qrtly Retiree Med Ins Payment 0191983 09/30/15 P Stanley Borek Line Description: Qrtly Retiree Med Ins Payment 0191984 09/30/15 P Steven Feather Line Description: Qrtly Retiree Med Ins Payment 0191985 09/30/15 P Steven Labbitt Line Description: Qrtly Retiree Med Ins Payment 4th Qtr 2015 JPEBA 0191986 09/30/15 P Steven Spielberger Line Description: Qrtly Retiree Med Ins Payment 0191987 09/30/15 P Stewart C Godshall Line Description: Qrtly Retiree Med Ins Payment 0191988 09/30/15 P Thomas Banks Line Description: Qrtly Retiree Med Ins Payment 0191989 09/30/15 P Thomas C Wood Line Description: Qrtly Retiree Med Ins Payment 0191990 09/30/15 P Thomas Hamilton Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000003091 0000001347 0000002187 0000002887 ;IIIIIIIAI1155 I 0000002355 0000021751 0000004757 0000012365 Payment Amt 211.13 fPiL8LI:3 984.00 1,116.69 834.00 934.05 652.41 i1$I1r$11 652.41 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle, AFORA Payment Ref Date Status Remit To Remit ID Payment Amt 0191991 09/30/15 P Thomas Lund 0000003016 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191992 09/30/15 P Thomas MacDuff 0000006064 652.41 Line Description: Qrtly Retiree Med Ins Payment 0191993 09/30/15 P Thomas Neth 0000007978 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191994 09/30/15 P Thomas Stewart 0000006560 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191995 09/30/15 P Timothy Holbrook 0000002552 397.81 Line Description: Qrtly Retiree Med Ins Payment 0191996 09/30/15 P Timothy Schennum 0000003943 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191997 09/30/15 P Timothy Starn 0000005549 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0191998 09/30/15 P Timothy Sweet 1 0000015387 1,134.00 Line Description: Only Retiree Med Ins Payment 0191999 09/30/15 P Tracy Jones 0000002778 1,134.00 Line Description: Qrtly Retiree Med Ins Payment 0192000 09/30/15 P Ursula Basich 0000022488 883.95 Line Description: Qrtly Retiree Med Ins Payment Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM C cle: Payment Ref Date Status Remit To 0192001 09/30/15 P Ve Tran Line Description: 4th Qtr 2015 JPEBA Qrtly Retiree Med Ins Payment 0192002 09/30/15 P Victor Clift Line Description: Qrtly Retiree Med Ins Payment 0192003 09/30/15 P Virginia Anderson Line Description: Only Retiree Med Ins Payment 0192004 09/30/15 P Walter Dill Line Description: Qrtly Retiree Med Ins Payment 0192005 09/30/15 P Wayne Chamness Line Description: Qrtly Retiree Med Ins Payment 0192006 09/30/15 P Wayne Martin Line Description: Qrtly Retiree Med Ins Payment 0192007 09/30/15 P Wayne Riedmann Line Description: Only Retiree Med Ins Payment 0192008 09/30/15 P William B Ellwood Line Description: Qrtly Retiree Med Ins Payment 0192009 09/30/15 P William Folsom Line Description: Qrtly Retiree Med Ins Payment Remit ID 0000004296 0000008954 nlamnnRRRn 0000007117 11111IIP11A111-RI: 0000005885 0000006022 0000006789 0000021819 Payment Amt 783.18 295.97 f�L[[Tf. 1,134.00 GRItxQa 684.97 525.11 538.50 1,134.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Sep 29,2015 Bank: CITY Run Time 3:14:59 PM Cycle: Payment Ref Date Status Remit To 0192010 09/30/15 P William Nunes Line Description: Qrtly Retiree Med Ins Payment 0192011 09/30/15 P William Raymer Line Description: Qrtly Retiree Med Ins Payment 0192012 09/30/15 P William Taylor Line Description: Qrtly Retiree Med Ins Payment 0192013 09/30/15 P William Todd Line Description: Qrtly Retiree Med Ins Payment 0192014 09/30/15 P William Verderber Line Description: Qrtly Retiree Med Ins Payment End of Report Remit ID 0000006029 0000003761 0000004229 DIrPIiitAZyzft7 Payment Amt 375.85 652.41 _fxlan 143.21 0000005625 1,396.19 TOTAL $139,876.14 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle' Payment Ref Date Status Remit To Remit ID Payment Amt 0192015 10/02/15 P Asakura Robinson Co LLC 0000023067 17,134.00 Line Description: Landscape & Irrigation Design 0192016 10/02/15 P CJ Concrete Construction Inc 0000004857 252,740.28 Line Description: Retentions Payable Proj #15-02 City Project No. 15-02 Eastsid Retentions Payable Proj #15-03 2014/2015 City Project 15-03 0192017 10/02/15 P CompuCom Systems 0000004859 74,771.73 Line Description: Visual Studio Pro License Windows Server Datacenter _ Exchange Enterprise Server SOL Server 2 -Core License Visio Pro License Office Pro Plus Core CAL User License Renewal Licensing Subscription Renewal Project 0192018 10/02/15 P LINA 0000015623 20,286.38 Line Description: Premium for September 2015 Admin Fee for August 2015 0192019 10/02/15 P Newport Mesa Unified School District 0000003339 19,936.50 Line Description: Summer Bus Transportation -Camp Summer Bus Transportation -Camp Summer Bus Transportatn-ROCKS Summer Bus Transportation -Camp Summer Bus Transportatn-ROCKS Summer Bus Transportation -ECP 0192020 10/02/15 P Siemens Industry Inc 0000002904 17.752.50 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. ]PM SUMMARY CHECK REGISTER Run Date Oct 01, Bank: CITY Run Time 2:14:4 Cycle: Payment Ref Date Status Remit To Line Description: HVAC Maint & Repairs 8/1-10/31 0192021 10/02/15 P St George Construction Inc Line Description: Prof Svcs Agreement Proj#15-10 Retentions Payable Proj #15-10 0192022 10/02/15 P US Bank Line Description: Misc ProcurementCard Purchases 0192023 10/02/15 P ARC Line Description: Vinyl Dealcas & Letterings Credit-Rebilled Inv#8012617 Banner 4 BArk Pk 0192024 10/02/15 P AT & T Line Description: 911 Cama Trunks 9114-10/13115 Senior Center 9/10-10/9/15 NCC DSL Line 9/20-10/19/15 0192025 10/02/15 P AT & T Line Description: 800 Mhz Radio Line 8/20-9119 RMATS-Fire Sta#6 8/22-9/21/15 PRI Circuit Inbound Trunk 8/20 Metro Net 8120-9/19/15 RMATS-SCPL Substatn 8/17-9116 Fire Emergency Line 8120-9/19 RMATS-Civic Center 8/20-9/19 JackHammett SportsComplex 8/20 DRC Fire Alarm 8/20-9/19/15 RMATS-Fire Sta#4 8/20-9/19/15 Lions Parks 8/19-9118/15 NCC Alarm 8/19-9/18/15 Red Phone Fire Sta#6 8120-9/19 Red Phone Fire Sta#4 8120-9/19 Remit ID 0000021493 0000002228 0000022726 0000001107 0000001107 Payment Amt 74, 024.00 46,624.01 420.69 450.53 1,191.63 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM C cle: Payment Ref Date Status Remit To Line Description: Red Phone Fire Sta#1 8/20-9119 Red Phone Fire Sta#2 8/20-9/19 Red Phone Fire Sta#3 8/20-9/19 Red Phone Fire Sta#5 8/20-9/19 0192026 10/02/15 P AT & T Mobility Line Description: IT Cell Phone Chrgs 7112-9/11 0192027 10/02/15 P AT & T Teleconference Services Line Description: TeleConference Svcs Aug 2015 0192028 10/02/15 P Allied Nationwide Security Inc Line Description: Sr Cntr Security 8/17-8/31/15 0192029 10/02/15 P Aramark Services Inc Line Description: Jail Food Sys 815-8/26/15 0192030 10/02/15 P Astro Painting Company Inc Line Description: Painting Bark Park 0192031 10/02/15 P Baker Party Rentals Line Description: Special Olympic Luncheon Equip Special Olympic Luncheon Equip 0192032 10/02/15 P Barbara Keesling Line Description: Judgement Payment-1893190JM 0192033 10/02/15 P Bee Busters Inc Line Description: Bee Removal Sys Remit ID 0000001107 0000001107 0000022698 11D19III11111WIM [�DPPDYdcY.b'fi: QLPPI�iPP.Y�e] 0000023957 0000007572 Payment Amt 419.78 67.89 1,233.43 240.98 550.00 341.66 8,025.00 110.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle, Payment Ref Date Status Remit To Remit ID Payment Amt 0192034 10/02/15 P Black Rock Construction Company 0000003627 13,100.00 Line Description: 2015 Wheelchair ADA Response P 0192035 10/02/15 P Brett Eckles 0000023276 100.00 Line Description: Parks & Rec Comm Mtng-Sep 15 0192036 10/02/15 P C2 Imaging 0000023024 89.98 Line Description: Plan Copies Plan Copies Plan Copies Plan Copies 0192037 10/02/15 P CAPE 0000001569 200.00 Line Description: 2016 Trng Seminar 3114-3/18/16 0192038 10/02/15 P CDW Government Inc 0000005402 1,795.46 Line Description: Sales Tax (8.00%) HP 2530-24G-POE+Switch Belkin 6OUT 300 JLS 2C Life Su Tripp 15ft CATSE Patch RJ45 BI Computer Equipment 0192039 10/02/15 P California Forensic Phlebotomy Inc 0000001500 5,428.00 Line Description: Blood Test -Aug 2015 0192040 10/02/15 P Callyo 2009 Corp 0000022018 1,319.40 Line Description: Callyo Covert Call Basic Syste Callyo Lines, 1 Year Renewal P 0192041 10/02/15 P Chandler Asset Management 0000022081 3,684.00 Line Description: Investment Mgnt-Aug 15 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: Payment Ref Date Status Remit To 0192042 10/02/15 P Chandlers Air Conditioning & Line Description: Refreigeratpr Repair@DRC 0192043 10/02/15 P Cintas Corporation #640 Line Description: Unforms-FS #2 640-12173 Unforms-FS #1 640-12172 Unforms-FS #3 640-12177 Unforms-FS #4 640-12174 Unforms-FS #5 640-12175 Unforms-FS #6 640-12176 0192044 10/02/15 P Clean Fun Promotional Marketing Line Description: Open Enrollment Promo Items 0192045 10/02/15 P Commercial Aquatic Services Inc Line Description: Pool Chemicals 0192046 10/02/15 P Connell Chevrolet Line Description: Power Steering Repair -#380 0192047 10/02/15 P Costa Mesa Fire Explorer Post #400 Line Description: 2015 Concert in Park Proceeds 0192048 10/02/15 P Costa Mesa High School Boosters Line Description: 2015 Concert in Park Proceeds 0192049 10/02/15 P Costa Mesa Police Explorer Post #198 Line Description: 2015 Concert in Park Proceeds Remit ID PPUDIQ�iK3SS 0000023262 0000010371 0000003018 0000001763 0000020785 0000023959 16II1111I1514101:1 Payment Amt 167.00 85920 1,058.70 191.95 2,212.64 1,500.00 1,000.00 1,000.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192050 10/02/15 P Datum Storage Solutions 0000023655 13,934.12 Line Description: Sales Tax (8.00%) Sales & Use Tax Payable Shipping Fee Installation Modular Weapon Storage Cabinet 0192051 10/02/15 P Dave's Body & Frame 0000021567 489.92 Line Description: Property Damage Repair -#784 0192052 10/02/15 P David Kearley 0000007969 300.00 Line Description: Gas 4 No CA Fire Strike Team 0192053 10/02/15 P Dean Corbin 0000023958 420.00 Line Description: Personal Property Damage Sttlm 0192054 10/02/15 P Dion & Sons Inc 0000023685 1,220.91 Line Description: Fuel -FS 45 0192055 10/02/15 P Domestic Violence Legal Center 0000023956 178.86 Line Description: Subpoena Dept Rfnd 01-00274595 0192056 10/02/15 P Donald Harper 0000021694 100.00 Line Description: Parks & Rec Comm Mtng-Sep 15 0192057 10/02/15 P Dun & Bradstreet 0000002055 1,226.00 Line Description: Risk Mgnt Contract Fee 0192058 10/02/15 P Enterprise Rent A Car 0000002131 3,456.00 Line Description: Undercover Car Rental Report ID: CCM2001 City of Costa Mesa Accounts Payable _ Page No. 7 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: Payment Ref Date Status Remit To Remit ID Line Description: Undercover Car Rental Undercover Car Rental 0192059 10/02/15 P Estancia High School All Sports Boosters 0000023082 Line Description: 2015 Concert in Park Proceeds 0192060 10/02/15 P Estancia High School All Sports Boosters 0000023082 Line Description: 2015 Concert in Park Proceeds 0192061 10/02/15 P FTOG Inc 0000021401 Line Description: Purchsing Cnsltng 9/21-9/25/15 0192062 10/02/15 P GE Capital 0000021378 Line Description: Capier Lease 9/23-10/22/15 Copier Lease 10/16-11/15/15 0192063 10/02/15 P Gary Lilly 0000016366 Line Description: Safety Offer S-404AR Trng 0192064 10/02/15 P Girls Incorporated of Orange County 0000002340 Line Description: 2015 Concert in Park Proceeds 0192065 10/02/15 P Government Staffing Services Inc 0000022422 Line Description: Temp Svs-Proj Mgnt wie9120/15 0192066 10/02/15 P Graphic Solutions Ltd 0000023423 Line Description: CM Wayfinding Signage Prog-Jul 0192067 10/02/15 P HdL Coren & Cane 0000007882 Payment Amt 1,000.00 1,500.00 1,975.00 604.68 275.00 tc1rDAU1 3,960.00 9,108.75 695.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: Payment Ref Date Status Remit To Line Description: 2014-15 CAFR Statistical Rpt 0192068 10/02/15 P Interstate Batteries of California Coast Line Description: Batteries 0192069 10/02/15 P Iteris Inc Line Description: 178t STSS-June 15 Victoria St TSSJune15 0192070 10/02/15 P Jinna Johnson Line Description: Taser Instructor ReCert-JJ 0192071 10/02/15 P Kelly Paper Line Description: Copier Paper 0192072 10/02/15 P Keyser Marston Associates Inc Line Description: Habitat -Aug 2015 Nghbrhd Impr/Homeless-Aug15 0192073 10/02/15 P Keystone Uniforms OC Line Description: Uniform-Korte Uniform-Doezie Uniform -Bayer Uniform-Luczkiewicz Uniform -Harkey Uniform-Casarez Uniform -Manson - Uniform -Reyes Uniform -Goodfellow Uniform -Reyes Uniform-Novikoff Uniform-Novikoff Remit ID 0000002700 0000008920 104011➢1-16I1I :111P➢Ai8l11161 IIPDPUDYX.Y0I 0000022280 Payment Amt 214.10 4,180.01 177.12 156.58 6,775.00 3,687.17 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Oct 01 2015 Bank: CIN Run Time 2:14:42 PM Cycle' Payment Ref Date 0192074 10/02/15 0192075 10/02/15 0192076 10/02/15 0192077 10/02/15 0192078 10/02/15 0192079 10/02/15 Status Remit To P Kim Pederson Line Description: Parks & Rec Comm Mtng-Sep 15 P Knorr Systems Inc Line Description: DRC Pool Chemicals DRC Pool Chemicals DRC Pool Chemicals DRC Pool Chemicals P Lea Lowe Line Description: GiftCards 4 CM PublicSafetyBBQ P Liebert Cassidy Whitmore Line Description: ACA Reporting Webinar-IC P Liebert Cassidy Whitmore Line Description: CompEarnable&PensionWebinar-LC P Lloyd Pest Control Line Description: Monthly Maint for Sr Center Monthly Maint for PD Substam Monthly Maint for Fire Sta#6 Monthly Maint for Fire Sta#5 Monthly Maint for Fire Sta#4 Monthly Maint for Fire Sta#3 Monthly Maint for Fire Sta#2 Monthly Maint for Fire Sta#1 Monthly Maint for DRC Monthly Maint for BCC Monthly Maint for NCC Monthly Maint for City Hall Monthly Maint for Communicatns Remit ID 0000010099 0000005036 0000021708 0000002960 0000002960 0000002981 Payment Amt 100.00 1,493.77 6YQQfIf. I:IfAD: NMI 1,366.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: AWKI Payment Ref Date Status Remit To Remit ID Line Description: Monthly Maint for PD Monthly Maint for Communicatns Bi -Monthly Maint for Old C/Y 0192080 10/02/15 P Los Angeles Times 0000003000 Line Description: Ad 4 Application No PA -11-03 0192081 10/02/15 P Marx Brothers Fire Extinguisher Company 0000003073 Line Description: Fire Extinguisher Service-CY 0192082 10/02/15 P Mesa Smog 0000020735 Line Description: Smog Inspection -Unit #109 Smog Inspection -Unit #304 0192083 10/02/15 P Mika Community Development Corporation 0000019259 Line Description: 2015 Concert in Park Proceeds 0192084 10/02/15 P Nikkis Flags 0000003354 Line Description: Oak Finish Poles Mayor's Offic Three -Way Stand Mayor's Office California Flag (4x6) Mayor's Marine Corps Flag (3x5) California Flag Set U.S. Flag (4x6) Mayor's Office U.S. Flag Set Sales Tax (8%) 0192085 10/02/15 P Oce 0000006809 Line Description: B & W Copier Maint Sept 2015 0192086 10/02/15 P Office Max Incorporated 0000020710 Line Description: Office Supplies -CEO Payment Amt 325.56 218.90 83.50 111A1IU1 3,239.56 904.60 423.96 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: Payment Ref Date Status Remit To Line Description: Office Supplies -City Clerk Office Supplies -Fire Admin Office Supplies -PD Records Office Supplies -Treasury Mgmt 0192087 10/02/15 P Onward Engineering Line Description: Placentia Ave. Median Design S 0192088 10/02/15 P Orange Coast Chrysler Jeep Dodge Line Description: Head Lamps 0192089 10/02/15 P Orange Coast College Foundation Line Description: 2015 Concert in Park Proceeds 0192090 10/02/15 P Orange Coast College Foundation Line Description: 2015 Concert in Park Proceeds 0192091 10/02/15 P Orange Coast College Foundation Line Description: 2015 Concert in Park Proceeds 0192092 10/02/15 P Orange Coast College Foundation Line Description: 2015 Concert in Park Proceeds 0192093 10/02/15 P Orange County Fair & Event Center Line Description: Officer Training on 9/3/15 0192094 10/02/15 P Orange County Training Managers Assn Line Description: 2015-2016 Annual Dues for PD Remit ID 0000003212 0000003457 X11114U11111--191 0000011093 0000011093 0000011093 0000003432 0000003455 Payment Amt 3,558.75 P MANN 2,856.00 1,000.00 2,000.00 3,000.00 100.00 100.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY _ Run Time 2:14:42 PM Cycle: payment Ref Date Status Remit To Remit ID Payment Amt 0192095 10/02/15 P Orange County Treasurer Tax Collector 0000003489 374.10 Line Description: Radio Repairs CM2 Aug 2015 Radio Repairs CM1 Aug 2015 0192096 10/02/15 P Orange County Treasurer Tax Collector 0000003489 2,973.25 Line Description: AFS Fees for August 2015 0192097 10/02/15 P Protection One 0000006543 56.23 Line Description: Historical Soo Bldg Alarm Svcs 0192098 10/02/15 P RSCCD/Santa Ana College 0000003752 7,220.00 Line Description: Material Fees for Wellness Cls Registration for Wellness Clas 0192099 10/02/15 P Ready Refresh 0000023960 60.85 Line Description: Bottled Water 4 City Council 0192100 10/02/15 P Rincon Truck Center Inc 0000013236 2,033.54 Line Description: Credit for Core Return Credit for Returned Items Engine Repair Parts 0192101 10/02/15 P Roseburrough Tool Inc 0000003859 294.45 Line Description: Asphalt Lutes 4 Spreading Asph 0192102 10/02/15 P Shaw HR Consulting Inc 0000021706 2,122.70 Line Description: Consulting Services 0192103 10/02/15 P Shred -It USA LLC 0000023556 70.75 Line Description: Shredding Services for HR Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle' Payment Ref Date 0192104 10/02/15 0192105 10/02/15 0192106 10/02/15 0192107 10/02/15 0192108 10/02/15 0192109 10/02/15 Status Remit To P Sierra Java Inc Line Description: Sales Tax (8.00%) Training Operations Refreshmen P Snap On Industrial Line Description: Shop Tools for Fleet Services P Southern California Edison Company Line Description: 3351 Sakioka 8/26-9/25/15 348 E 17th 8/26-9/25/15 867 Prospect 8/24-9/23/15 555 1/2 Paularino 8/24-9/23/15 1624 Gisler 8/3-9/1/15 3120 Manistree 8/24-9/23/15 3349 Sakioka 8/26-9/25/15 2301 Harbor 8/25-9/24/15 P Southern California Gas Company Line Description: DRC Pool 8/20-9/22/15 567 W 18th 8/20-9/22/15 DRC 8/20-9/22/15 Sr Cntr 8/20-9/22/15 NCC 8/20-9/22/15 FS #3 8/20-9/22/15 PD 8/21-9/23/15 FS #2 8/25-9/24/15 P Sparklefts Line Description: Water for Council Chambers P Sprint Line Description: PD Cell Phone Srvc 8/12-9/11 Remit ID 0000004027 DPPDLifriGil [�I�➢PAPZI�ZI:: DIIAUII➢E[1I.Y: 0000015725 0000015635 Payment Amt 1,283.64 206.13 780.59 1.195.27 59.11 170.47 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM Cycle: Payment Ref Date Status Remit To 0192110 10/02/15 P Stradling Yocca Carlson & Rauth Line Description: Legal -General Legal -Civic Center Barrio Legal -Habitat for Humanity 0192111 10/02/15 P Superior Signals Inc Line Description: Roof Warning Light & Bracket Warning Light Bracket 0192112 10/02/15 P Target Solutions Learning Line Description: Annual Maintenance Fee Target Solutions Premier Onlin 0192113 10/02/15 P Tessco Line Description: Radio Antennas 0192114 10/02/15 P Theodore Robins Ford Line Description: Retainer for Unit #771 Oil PlugsSupplies Element Assembly for Unit #771 0192115 10/02/15 P Thomson Reuters Line Description: Clear Services Subscription 0192116 10/02/15 P Travis Hartanov Line Description: Refund Permit PA -14-43 0192117 10/02/15 P US Bank Line Description: Payroll Deduction Check 1548 Payroll Deduction Check 1519 Remit ID 0000004168 UIrDPI1bLli1141,1r1 0000021515 0000004822 0000004245 I0DIQ0111YYtwticl 0000023954 0000002228 Payment Amt 5,683.00 976.15 6,995.00 102.29 80.37 246.44 1,550.00 6,198.90 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Oct 01,2015 Bank: CITY Run Time 2:14:42 PM C cle: Payment Ref Date 0192118 10/02/15 riiLYlifFiWn➢]f67 0192120 10/02/15 [tiBYSfiiQ7QYliH1 0192122 10/02/15 Status Remit To P USI Inc Line Description: Poster Material for CS Poster Material for CS P Verizon Wireless Line Description: Broadband Srvcs Thm 8/31/15 P Vulcan Materials Company Line Description: Asphalt for Patching Potholes P We The Creative Line Description: Graphic Design Services P Wigmore Insurance Agency Inc Line Description: Workers Comp Premium Audit End of Report Remit ID .Ir t lIiIIFT:1-10 0000008717 ODI�PDUiLl�S: PUPLI�y;Fid! Payment Amt 167.98 4,189.04 76.30 4,105.50 0000021427 3,361.00 TOTAL $700,552.55 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: COM1 Run Time 9:41:31 AM Cycle: Payment Ref Date 000974 10/09/15 011111&*V111107A Status Remit To P Apple One Employment Services Line Description: Temp Svs-Eng wife 915/15 Temp Svs-Eng w/e 9/9/15 Temp Svs-Dev Svs wife 9/5/15 Temp Svs-Dev Svs wife 9/12/15 Temp Secretarial Srvs Temp Clerical Sws P Ariel Supply Inc Line Description: Color Ink 4 Staff Pnnter Toner Cartridges Toner Cartridge Toner Cartidges Toner Cartridges U•T i u�iGir1T JJJ�Jbi'V�a c+1J 13.31+ End of Report Remit ID 0000001055 0000006035 TOTAL Payment Amt 4,357.08 1,812.23 $6,169.31 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank. DDP1 Run Time 11:40:17 AM Cycle: Payment Ref Date Status Remit To 004286 10/09/15 P Costa Mesa Employees Association Line Description: Payroll Deduction Check 1521 004287 10/09/15 P Costa Mesa Executive Club Line Description: Payroll Deduction Check 1521 004288 10/09/15 P Costa Mesa Firefighters Association Line Description: Payroll Deduction Check 1521 004289 10/09/15 P Costa Mesa Police Association Line Description: Payroll Deduction Check 1521 004290 10/09/15 P Costa Mesa Police Management Assn Line Description: Payroll Deduction Check 1521 End of Report Remit ID Payment Amt 0000006284 4,064.91 0000006286 240.00 0000001812 5,556.80 0000001819 6,060.00 0000005082 200.00 TOTAL $16,121.71 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date 0192123 10/09/15 0192124 10/09/15 0192125 10/09/15 0192126 10/09/15 0192127 10/09/15 Status Remit To P City of Huntington Beach Line Description: Helicopter Svs-Aug 15 P Complete Landscape Care Inc Line Description: Annual Landscape Agreement P Enterprise Counsel Group Line Description: Successor Agency DOF-Aug 2015 P Global Power Group Inc Line Description: 2014-2015 Westside Neignborhoo Retentions Payable Proj #15-01 P Mesa Consolidated Water District Line Description: 1648 1/2 Newport Blvd 8/3-10/2 3350 Sakioka Dr FS#6 7/13-9/11 2000 Adams Ave 7/20-9/17115 1780 Hummingbird Dr 7/20-9/18 2310 Placentia Ave 7/20-9/17 2310 Placentia Ave 7/20-9/17 2480 Placentia Ave 7/20-9/17 3015 E Mesa Verde 7121-9121115 1795 Samar Or 7121-9/21/15 2921 E Mesa Verde 7/21-9/21/15 1586 Elm Ave 7/22-9123115 2803 Royal Palm 7/22-9/23/15 1646 Corsica PI 7/22-9/23/15 1646 Corsica PI 7/22-9/23/15 3377 California 7/23-9/24/15 3302 Alabama Cir 7/23-9/24/15 3303 112 California 7/23-9/24 401 1/2 E 17th St 8/3-10/1/15 1780 Hummingbird 7/20-9/17/15 1755 112 Tanager 7/17-9118/15 Remit ID 0000002599 0000022976 0000022017 0000023849 0000003144 Payment Amt 21,840.00 16,605.52 131,112.39 39,177.84 teport ID: CCM2001 City of Costa Mesa Accounts Payable Page No. SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AN Cycle: ovnnci v Payment Ref Date Status Remit To Line Description: 1200 South Coast 7/27-9/25/15 1400 South Coast 7/27-9/25/15 1450 South Coast 7/27-9/25/15 111 Fair Dr 8/31-9/29115 2969 E Mesa Verde 7/22-9/23/15 2900 E Mesa Verde 7/22-9/23/15 3300 Fairview Rd 7/27-9/25/15 2501 Placentia 8/31-9/29/15 970 Arlington 8/31-9/29/15 970 Arlington 8/31-9/29/15 3333 112 Bear St 8/31-9/29/15 3333 1/2 Bear St 8/31-9/29/15 2800 Bear St 8131-9/29/15 1400 Sunflower 8/31-9/29/15 3581 Harbor Blvd 8/31-9/29/15 3202 Harbor Blvd 8/31-9/29/15 2621 1/2 Harbor 8/31-9/29/15 2750 Fairview 8/31-9/29/15 2400 Fairview 8131-9/29/15 2600 Fairview 8/31-9/29/15 2229 Newport 8/31-9/29/15 1560 E Mesa Verde 7/20-9/17/15 1550 E Mesa Verde 7/20-9/17/15 2501 Placentia 7/20-9/17/15 257 E 16th St 813-10/1/15 257 E 16th St 813-10/1/15 360 Ogle St 8/3-1011/15 2705 112 Golf Course 7/20-9/17 2900 W Mesa Verde 7121-9/21/15 1780 Hummingbird 7/20-9/17/15 0192130 10/09/15 P Preferred Benefit Insurance Line Description: VSP Premium for Oct 2015 Delta Dental Premium Oct 2015 Remit ID 0000017362 Payment And 19,741.30 0192131 10/09/15 P Southern California Edison Company 0000004088 21,513.01 Line Description: 2704 Harbor Blvd 7/23-8/21/15 Report ID: CCM2001 City of Costa Mesa Accounts Payable. Page No. 3 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date 0192132 10/09/15 0192133 10/09/15 0192134 10/09/15 0192135 10/09/15 Status Remit To Line Description: 3129 Harbor Blvd 9/1-1011115 1624 Gisler 9/1-1011/15 885 Junipero Or 912-10/2/15 880 Junipero Dr 9/2-1012/15 1035 Park Crest Dr 9/2-10/2/15 980 Arlington Dr 9/2-10/2/15 1860 Anaheim 8/31-9130/15 702 Victoria 8/31-9/30/15 702 1/2 Victoria 8/31-9/30/15 2750 Fairview Rd 9/2-10/2115 3460 Smalley Rd 911-10/1/15 970 Arlington Dr 9/2-1012/15 Volcom Skate Park 912-1012/15 2750 Fairview 814-9/2/15 Davis Field 8128-9129115 2704 Harbor Blvd 8/21-9/22/15 Senior Center 8128-9/29/15 P West Coast Arborists Inc Line Description: Tree Maint Srvcs 9/1 -911 511 5 P ARC Line Description: Banrs 4 Scare/pmpkn Festival Heller Prk Patio Covr Scan Sit P ARCO Business Solutions Line Description: Fuel Gas Card 9116-9/30/15 P AT&T Line Description: LionsPk Baseball Rd 8/24-9123 RMATS-NCC Complex 8/24-9/23 SrCntr DSL 4 BldgMaint 1-se8124 SrCntr DSL 4 BldgMaint Use6/24 PD DSL Line 8127-9/26/15 Firewall -Fire Sta#4 8/27-9/26 Remit ID 0000004498 0000022726 0000018562 0000001107 Payment Amt 20,231.00 350.51 234.82 614.86 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To Line Description: Firewall -Fire Sta#6 8/27-9/26 PD DSL 4 IT Staff 8/28-9/27/15 PD Payphone 8128-9/27/15 AT&T Contract Svcs 8/28-9/27 0192136 10/09/15 P AT & T Mobility Line Description: Rec Cell Phone Chrgs 8112-9/11 CEO Cell Phone Chrgs 8/12-9/11 0192137 10/09/15 P Accountemps Line Description: Temp Svs-Treasury w/e 9118115 Temp Svs-Treasury vile 9125115 0192138 10/09/15 P Advanced Permit Services Line Description: Refund Permit #E15-00278 0192139 10/09/15 P Allied Nationwide Security Inc Line Description: Sr Cntr Security 9/1-9115115 0192140 10/09/15 P AndersonPenna Partners Inc Line Description: Bristol Median Design Project 0192141 10/09/15 P Angela Millan Line Description: Refund Rec Receipt 2002213.002 0192142 10/09/15 P AutoZone Line Description: Power Steering Fluid 0192143 10/09/15 P BK Customs Inc Line Description: Shipping Fee Sales Tax (8.00%) Remit ID 0000001107 0000006816 0000023963 0000022698 0000021535 0000023820 141401414 BRIYI 0000023839 Payment Amt 1,064.57 2,179.20 74.10 1,121.30 7,325.00 iGil�P] 45.23 2,602.80 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM C cle: AIA/Vi V Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: 1/8" Steel, CNC Laser CutOut 0192144 10/09/15 P BPS Tactical Inc 0000023962 816.20 Line Description: Patrol Duty Vest Cover 0192145 10/09/15 P Barron Audio Visual Services 0000021507 1,270.00 Line Description: Audio Visual Services 0192146 10/09/15 P Bee Busters Inc 0000007572 110.00 Line Description: Bee Removal 0192147 10/09/15 P Best Best & Krieger LLP 0000014491 2,642.50 Line Description: Spcial Council Legal Svs-Aug15 Spcial Council Legal Svs-Aug15 Spcial Council Legal Svs-Aug15 0192148 10/09/15 P Bound Tree Medical LLC 0000011695 8,947.14 Line Description: Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies 0192149 10/09/15 P C2 Imaging 0000023024 148.01 Line Description: Plans Scans for Newport Blvd Plan copies 4 Downtown Gtwy pr Multi Med Promos Sub-Strm Dr Multi Med Promos Sub-Strm Dr Plans Scans for Newport Blvd 0192150 10/09/15 P CALBO 0000001483 2,220.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM C cle: 'ayment Ref Date Status Remit To Line Description: 2015 CTI Ed Wk Reg -MP 2015 CTI Ed Wk Reg -GB 2015 CTI Ed Wk Reg -PP 2015 CTI Ed Wk Reg -MF 2015 CTI Ed Wk Reg -DA 2015 CTI Ed Wk Reg -MV 2015 CTI Ed Wk Reg -SP 2015 CTI Ed Wk Reg -JJ 2015 CTI Ed Wk Reg -EC 0192151 10/09/15 P CAPF Line Description: Firefighters LTD -Oct 2015 0192152 10/09/15 P CBE Line Description: Copier Usage Fees Copier Overage Fee 515-6/4/15 Copier Overage Fee 615-7/4115 0192153 10/09/15 P CDW Government Inc Line Description: Sales Tax (8.00%) Recycling Fee 35" and Over Sharp 70" Aquos LED Display Te 0192154 10/09/15 P CLEA Line Description: Police Officers LTD -Oct 2015 0192155 10/09/15 P CMHS-ASB Line Description: Computer 4 Use in Art Classes 0192156 10/09/15 P CNC Engineering Inc Line Description: Harbor Blvd Fence Des Aug 15 Harbor Blvd. Remit ID 0000004755 0000015149 0000005402 0000004754 0000000446 0000008798 Payment Amt 1,423.50 EW"I 1,583.02 2,548.00 1,499.00 5,459.29 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1;2 SUMMARY CHECK REGISTER Run Date Oct 0 Bank: CITY Run Time 11:41 Cycle, Payment Ref Date Status Remit To Remit ID Payment Amt 0192157 10/09/15 P CPS Electronics & Consulting 0000016267 6,130.00 Line Description: Software Renewal 0192158 10/09/15 P CSG Consultants Inc 0000001887 5,400.00 Line Description: Bldg Inspctn-Aug 15 0192159 10/09/15 P California Auto Refrigeration 0000017147 808.43 Line Description: A/C Parts -#533 A/C Parts -#307 A/C Parts -#307 0192160 10/09/15 P Catherine Hawke 0000023964 139.00 Line Description: Refund Rec Receipt 2002235.002 0192161 10/09/15 P City of Laguna Beach 0000002897 9,070.19 Line Description: 2015 OC Fair Traffic Svs 0192162 10/09/15 P Colin K McCarthy 0000020464 400.00 Line Description: Planning Comm Mtng-Sept 2015 0192163 10/09/15 P Costa Mesa Auto Glass 0000010001 530.40 Line Description: Window Repair -718 0192164 10/09/15 P Crop Production Services Inc 0000020562 6,423.84 Line Description: Purchase Of Herbicides Purchase of herbicides 0192165 10/09/15 P Culver Newlin Inc 0000021554 3,204.36 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To Line Description: ERGO CHAIRS CONFERENCE CHAIRS SALES TAX (8.00%) TALL EXECUTIVE CHAIRS DELIVERY & INSTALLATION 0192166 10/09/15 P DCS Testing & Equipment Inc Line Description: Required Labels Found Ladder Testing (Per Foot 0192167 10/09/15 P Daniel Holl Line Description: Drug Abuse Recognition 9/22-24 0192168 10/09/15 P De Lage Landen Financial Svs Line Description: Canon Copiers Lease Copier Lease 9/15-10/14/15 0192169 10/09/15 P Delta Dental Insurance Co Line Description: Dental HMO Premium -Oct 15 0192170 10/09/15 P Denise Townsend Line Description: Refund Rec Receipt 2002209.002 0192171 10/09/15 P Derek Sabori Line Description: Foam Mount 4 Presentatn Checks 0192172 10/09/15 P Discovery Benefits Line Description: FSA Admin Fee -August 2015 0192173 10/09/15 P Division of the State Architect Line Description: SB 1186 Fees 7/1-9/30/15 Remit ID Payment Amt 0000017872 1,287.50 0000023321 93.69 0000019172 638.84 0000001966 3,103.90 0000023965 161.00 0000023877 75.60 0000021353 455.70 0000021296 827.70 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle' Payment Ref Date Status Remit To 0192174 10/09/15 P Elaine Rizk Line Description: Refund Rec Receipt 2002226.002 0192175 10/09/15 P Emily Sanchez Line Description: Refund Permit #PA -15-26 0192176 10/09/15 P Ewing Irrigation Products Line Description: Irrigation Supplies Irrigation Supplies Irrigation Supplies 0192177 10/09/15 P Ferguson Enterprises Inc Line Description: PD Water Heater Repair Sub -Station Toilet Seat 0192178 10/09/15 P Ganahl Lumber Co Line Description: Supplies 0192179 10/09/15 P Glenns Alignment & Brake Service Line Description: Alignment -#109 Alignment 0192180 10/09/15 P Government Staffing Services Inc Line Description: Temp Svs-Proj Mgr w/e 9/6/15 Temp Sew Fire Admin Manag Ana Temp Svs-HR w/e 9/20/15 0192181 10/09/15 P Grainger Line Description: Window Panel Insulation Remit ID 0000023966 0000023967 PDAPIQU.Y�P.It? 0000007785 0000005246 0000002344 0000022422 0000002393 Payment Amt 71.00 1,550.00 519.41 131.17 299.72 255.00 9,224.00 20.06 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To 0192182 10/09/15 P Hanks Electrical Supplies Line Description: Sales Tax (8-00%) Senior Ctr Parking Lot Lights 0192183 10/09/15 P Helen Seestadt Line Description: Refund Rec Receipt 2002228.002 0192184 10/09/15 P Huntington Beach Honda Line Description: Brake Parts, Oil. Parts -#625 0192185 10/09/15 P Irvine Pipe & Supply Inc Line Description: Plumbing Supplies -FS #2 0192186 10/09/15 P Jason Pyle Line Description: Food for Fire Captains Academy 0192187 10/09/15 P Jeanette Chervony Line Description: Cal Gang Intelligence9/16-17 0192188 10/09/15 P Jeanine Fong Line Description: Refund Rec Receipt 2002231.002 0192189 10/09/15 P Jeff R Mathews Line Description: Planning Comm Mtng-Sept 2015 0192190 10/09/15 P John Heunemann Line Description: Property Damage Settlement Remit ID 0000002445 0000023968 tiDbIgPyl&.]& 1 1111UDDD10UNI 11PI116I1111911111111 0000018986 0000023969 0000020470 0000015992 Payment Amt 4,957.20 144.00 2,076.51 347.87 55.00 55.44 63.00 15121111111 1,976.01 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192191 10/09/15 P Kabbara Engineering 0000002795 1,872.50 Line Description: On Call Traf Eng Swc 0192192 10/09/15 P Katie Bowles 0000023970 139.00 Line Description: Refund Rec Receipt 2002229.002 0192193 10/09/15 P Kevin Hernandez 0000023971 250.00 Line Description: Refund Rec Receipt 2002218-002 0192194 10/09/15 P Keystone Uniforms OC 0000022280 779.95 Line Description: Uniform -Kearley Uniform -Bradley Uniform -LaPointe Uniform -Keys Uniform-LaPoint Uniform -Goodfellow 0192195 10/09/15 P Krista Stacklie 0000023972 115.00 Line Description: Refund Rec Receipt 2002223.002 0192196 10/09/15 P LN Curtis & Sons 0000002983 2,173.66 Line Description: Sales Tax (8%) One & Two Piece Stretchers Aztec Pro Series System 0192197 10/09/15 P Leo Arnold 0000022194 13,200.00 Line Description: Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To Line Description: Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs Pre -Employment Background Svcs 0192198 10/09/15 P Louise Houston Line Description: Refund Rec Receipt 2002212.002 0192199 10/09/15 P Lourdes Torres Line Description: SrCntr Monthly B -Day Celebratn 0192200 10/09/15 P Margaret Walley Line Description: Refund Rec Receipt 2002220.002 0192201 10/09/15 P Mariana Rodriguez Line Description: Refund Rec Receipt 2002237.002 0192202 10/09/15 P Marilynn Miller Line Description: Refund Rec Receipt 2002225.002 0192203 10/09/15 P Mary Cappellini Line Description: Refund Rec Receipt 2002238.002 0192204 10/09/15 P Maybert Davis Line Description: Refund Rec Receipt 2002224.002 0192205 10/09/15 P McMaster Carr Supply Company Line Description: Connectors, Boards -Supplies Remit ID 0000023973 0000023804 GDPUPP.itRiLl 0000018997 ;UHtI�bYRI�)67 0000023976 0000023977 0000003118 Payment Amt 219.00 26.99 1.1616711 134.00 10.00 15.00 155.58 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle, Payment Ref Date Status Remit To Remit ID Payment Amt 0192206 10/09/15 P Merchants Building Maintenance LLC 0000022950 6,958.00 Line Description: Janitorial Services -City Parks 0192207 10/09/15 P Mesa Consolidated Water District 0000003144 368.93 Line Description: Water Permit-HarborBAdams 0192208 10/09/15 P Michael Brandman Associates 0000003162 7,353.15 Line Description: Environmental Analysis 4 Harbo 0192209 10/09/15 P Michael Kreza 0000011101 70.01 Line Description: Diesel Fuel 4 Fire Unit#525 0192210 10/09/15 P Michelle Rudaitis 0000011656 4,950.00 Line Description: Haz Mat Consultant Sept 2015 0192211 10/09/15 P Mike Linares Inc 0000002969 4,119.50 Line Description: CDBG/HOME Coordinator Services CDBG/HOME Coordinator Services 0192212 10/09/15 P Mongdiep Tran Vovan 0000023978 454.00 Line Description: Refund Rec Receipt 2002219.002 0192213 10/09/15 P Monica Mueller 0000023979 10.00 Line Description: Refund Rec Receipt 2002244.002 0192214 10/09/15 P Nixon Egli Equipment Co 0000003359 213.06 Line Description: Emulsion Strainer 0192215 10/09/15 P Office Max l ncorporated 0000020710 4,188.93 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM C cle: Payment Ref Date Status Remit To Line Description: Office Supplies -Finance Admin Office Supplies-Maint Srvcs Office Supplies -Engineering Office Supplies -Bldg Safety Office Supplies -PD Records Office Supplies -Fire Admin Office Supplies -City Clerk Office Supplies-Rec NCC Office Supplies -CEO Office Supplies -IT Office Supplies -HR Office Supplies -Senior Center Office Supplies -CEO Comms&Mark Office Supplies-Dev Svcs Admin 0192216 10/09/15 P Orange Coast Trailer Supply Inc Line Description: Supplies 4 Command Post Vehicl 0192217 10/09/15 P Orange County Sheriffs Dept Line Description: PostTrng-Basic Trafficlnvst-RN 0192218 10/09/15 P PELRAC Line Description: 2015 Conf Registration -R Wang 0192219 10/09/15 P Pacific Municipal Consultants Line Description: Consulting Svs for Group Home 0192220 10/09/15 P Patrick Wessel Line Description: Narc/Spec Unit Sprvsr Trng-PW 0192221 10/09/15 P Peggy Bulkley Line Description:. Refund Rec Receipt 2002215.002 Remit ID Payment Amt 0000003464 10.86 0000003451 70.00 0000004076 399.00 0000023085 5,400.00 0000009042 133.78 0000023980 38.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192222 10/09/15 P Porterfield Enterprises LTD 0000003662 405.99 Line Description: Brake Rotors 0192223 10/09/15 P Pyxis Water Systems Inc 0000015837 4,550.00 Line Description: Tewinkle Park Lakes Prev Maint Tewinkle Park Lakes Prev Maint 0192224 10/09/15 P R & R Controls Inc 0000023885 528.00 Line Description: A/C Modem Repairs @ NCC 0192225 10/09/15 P R & S Overhead Door of So Cal Inc 0000022092 1,286.00 Line Description: App Bay Door Repair-FS#3 0192226 10/09/15 P RJM Design Group Inc 0000010813 3,010.90 Line Description: Open Space Master Plan Update 0192227 10/09/15 P Ricoh USA Inc 0000007311 146.38 Line Description: CEO Copier Lease Oct 2015 CEO Copier Addtl Usage Aug2015 0192228 10/09/15 P Robert L Dickson Jr 0000003671 400.00 Line Description: Planning Comm Mtg-Sept 2015 0192229 10/09/15 P Roto Rooter Service & Plumbing Company 0000003863 202.50 Line Description: Cleared Main Line @ Vista Park 0192230 10/09/15 P Ruth Wang 0000022170 67.26 Line Description: Helium Tank Refill -Health Fair Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM C cle: Payment Ref Date Status Remit To 0192231 10/09/15 P Safe Moves Line Description: Bicycle Education Services 0192232 10/09/15 P Sara Walker Line Description: Refund Rec Receipt 2002211.002 0192233 10/09/15 P Sarah Middleton Line Description: Refund Rec Receipt 2002227.002 0192234 10/09/15 P Scientia Consulting Group Inc Line Description: On -Site Tech Support 8/23-9/5 0192235 10/09/15 P Shannon Kennedy Line Description: Refund Rec Receipt 2002222.002 0192236 10/09/15 P Sharon Silcock Line Description: Refund Rec Receipt 2002214.002 0192237 10/09/15 P Shay McBain Line Description: Refund Rec Receipt 2002221.002 0192238 10/09/15 P Sheryl Ansari Line Description: Refund Rec Receipt 2002236.002 0192239 10/09/15 P Siemens Industry Inc Line Description: Repairs 2 PD Air Handler 1 Remit ID 0000023090 0000011733 0000023981 0000021410 0000023982 111114111110491 091 0000023983 0000012854 0000002904 Payment Amt 6,640.00 192.00 139.00 6,880.00 70.00 IcSIe➢: 50.00 105.00 822.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192240 10/09/15 P Sierra Java Inc 0000004027 181.19 Line Description: Coffee Supplies 4 City Council 0192241 10/09/15 P Smith Pipe & Supply Inc 0000004049 673.92 Line Description: Irrigation Supplies 0192242 10/09/15 P SolarCity Corporation 0000004629 2,802.09 Line Description: Solar Energy @ NCC Aug 2015 0192243 10/09/15 P Southern California Gas Company 0000004092 571.43 Line Description: 2300 Placentia FS#4 8/24-9123 2450 Vanguard FS#5 8/21-9/23 2310 Placentia 81249/23/15 2300 Placentia 8124-9/23/15 79 Fair Dr 8/21-9123115 3350 Sakioka FS#6 8/28-9/29115 1975 Balearic BCC 8/26-9125115 2803 Royal Palm FS#1 8126-9/25 0192244 10/09/15 P Stephan H A:ndranian 0000023273 400.00 Line Description: Planning Comm Mtg-Sept 2015 0192245 10/09/15 P Stickman Graphic 0000022587 85.00 Line Description: Reflective Decal 4 Truck 86 0192246 10/09/15 P Target Specialty Products Inc 0000004218 4,593.12 Line Description: Herbicide 4 Sports Parks Fertilizers & Safety Materials 0192247 10/09/15 P The Bank of New York Mellon 0000005664 2,082.20 Line Description: COP 2003 Admin Fee 10/15-9116 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To 0192248 10/09/15 P Theodore Robins Ford Line Description: Coil Assembly for Unit #770 Motor -Supplies Credit for Core Return Switch Assembly for Unit #785 Lever & Cable Assemblies -#137 Starter for Unit #151 0192249 10/09/15 P Timothy W Sesler Line Description: Planning Comm Mtg-Sept 2015 0192250 10/09/15 P Tomark Sports Inc Line Description: Maint Equip 4 TW AthleticCmplx 0192251 10/09/15 P Tracey Bandel Line Description: Refund Rec Receipt 2002210.002 0192252 10/09/15 P Turf Time West Inc Line Description: Deep Tine Aerificatn FV & BCC 0192253 10/09/15 P Turnout Maintenance Company LLC Line Description: Turnout Clean & Repairs -2 Empl 0192254 10/09/15 P US Postal Service Line Description: Postage Meter 0192255 10/09/15 P V & E Tree Service Inc Line Description: 2014-2015 Citywide Tree Projec Remit ID 0000004245 0000021628 0000004273 0000023984 0000021403 0000020182 D➢L➢LI�L51L7 0000023225 Payment Amt 797.90 C9A7[iTi. 114.00 14,157.00 130.00 10,000.00 4,000.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:41:17 AM Cycle: Payment Ref Date Status Remit To 0192256 10/09/15 P ValueOptions of California Inc Line Description: EAP Services for Sept 2015 0192257 10/09/15 P Virginia Hutchinson Line Description: Refund Rec Receipt 2002216.002 0192258 10/09/15 P Vulcan Materials Company Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes 0192259 10/09/15 P Wayne Electric Company Inc Line Description: Motors & Solenoid Assemblies 0192260 10/09/15 P Westates Line Description: Self Inking Stamps & Ink -PD 0192261 10/09/15 P White Nelson Diehl Evans LLP Line Description: Tax Seminar Registration-CO,AD 0192262 10/09/15 P William Kagey Line Description: Refund Rec Receipt 2002217.002 0192263 10/09/15 P Yellow Cab Co Line Description: NIFT Transportation Svcs8/4-29 0192264 10/09/15 P Zoll Medical Corporation Line Description: ECG Electrodes for Fire End of Report Remit ID 0000020327 UPPI�PY1tRY.b1 14101iDHfE,rel 0000004482 0000004505 0000004228 0000023986 :�PPUI�YiIC4] Payment Amt 706.23 191:11D: 239.76 453.60 111.93 650.00 38.00 671.00 0000021290 466.56 TOTAL $558,941.89 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Oct 08,2015 Bank: CITY Run Time 11:42:05 AM Cycle: apAy Payment Ref Date Status Remit To 0192265 10/09/15 P CAPERS Long -Term Care Program Line Description: Payroll Deduction Check 1521 0192266 10/09/15 P Community Health Charities Line Description: Payroll Deduction Check 1521 0192267 10/09/15 P State of California Line Description: Payroll Deduction Check 1521 0192268 10/09/15 P State of California Line Description: Payroll Deduction Check 1521 0192269 10/09/15 P Tamra Williams Line Description: Payroll Deduction Check 1521 0192270 10/09/15 P United States Treasury Line Description: Payroll Deduction Check 1521 End of Report Remit ID 0000006287 0000008015 0000001546 0000001546 0000002941 Payment Amt 228.07 10.00 85.00 254.00 1,350.92 0000015556 85.38 TOTAL $2,013.37 Report ID: CCM20010 City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Oct 08,2015 Bank: CITY Run Time 11:41:37 AM Cycle: Payment Ref Date Status Remit To 0192128 10/09/15 O Mesa Consolidated Water District 0192129 10/09/15 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 1.00 WARRANT RESOLUTION NO. 2544 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-21 FOR $2,109,250.50; AND CITY OPERATING EXPENSES FOR $1,631,635.95, 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 20`h day of October, 2015. ATTEST: 8r -W& 41kV BRENDA GREEN CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) RT�111�mff u_ •: 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. 2544 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20`h day of October, 2015, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: FOLEY, GENIS, 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 21" day of October, 2015. BRENDA GREEP, CITY CLERK Cl T Y COUNCIL A GENDA REPORT MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: CC -4 SUBJECT: FAIRVIEW PARK CATTAIL REMOVAL, CITY PROJECT No. 15-14 DATE: OCTOBER 8, 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 RECOMMENDATION: 1. Adopt plans, specifications, and working details for the Fairview Park Cattail Removal Project, City Project No. 15-14. 2. Award a contract to McNabb Construction, Inc. in the amount of $215,460.00. 3. Approve Budget Transfer No. 16-124 (Attachment 1) in the amount of $232,000.00. 4. Authorize the Mayor and the City Clerk to execute the Agreement. BACKGROUND: The Fairview Park Wetlands and Riparian Habitat Project was completed in November of 2012. The project included the construction of six wetland ponds with a water delivery system, 23 acres of native habitat and irrigation, and almost two (2) miles of trails. Also included was the construction of a multipurpose trail connecting Placentia Avenue to the Santa Ana River Bike Trail, and over one (1) mile of decomposed granite trails. Phase I of the project, which included the planting of the riparian habitat, is fully established and has been accepted by the regulatory agencies. No further plant establishment or watering is required for Phase I other than the clearing of the channels and the maintenance of access paths. Phase II of the project which included the construction of six ponds, trails (maintenance, pedestrian and multipurpose trails), grassland and coastal sage scrub habitat, is in its third year of plant establishment, maintenance and biological monitoring requirements. ANALYSIS: Maintenance of the Phase II wetland ponds requires the periodic removal of volunteer cattails, bulrush, algae and other plants growing in the banks and maintenance trails, in order to maintain the health of the native habitat. Due to the magnitude of this initial removal of vegetation, the work can only be performed outside of the bird nesting season, which runs from February 15th - September 1St. The removal of the vegetation requires specialized equipment and expertise to avoid eradication of the native habitat surrounding the ponds which was planted as part of the Fairview Park Wetlands Phase I and Phase II restoration. The removal of the vegetation will be overseen by the City's contracted biologist who has monitored the site and reported to the regulatory agencies for the past six years. Future ongoing maintenance of the ponds will be performed through annual contracts. The City Clerk received and opened one (1) bid for this project on September 2015 (Attachment 2). McNabb Construction Inc. was the apparent low bidder with a base bid proposal of $215,460.00. The license and references of McNabb Construction Inc. were checked and staff found them to be in good standing. Dave McNabb, owner of McNabb Construction, was the developer and first operator of the Aquamog, an aquatic harvester, and is a leader in mechanical aquatic maintenance solutions. ALTERNATIVES CONSIDERED: The alternative to this Council action would be to reject the bid. If the bid was rejected, the City would then need to re -advertise the project. Staff believes that re -advertising the project will not only delay the project but may miss the non -nesting season which will require that the work be delayed. FISCAL REVIEW: The attached Budget Transfer in the amount of $232,000 (Attachment 1) covers the cattail removal cost and approximately 7.5% for contingencies. This action transfers unencumbered Capital Improvement Fund allocations for the Tree Planting Program approved in FY 2014-2015 and from General Fund allocations for general pond maintenance previously included in the Maintenance Services budget. An alternate funding source for the proposed cattail removal project would be the General Fund Contingency account. LEGAL REVIEW: McNabb Construction Inc. will be furnishing the necessary bonds and insurance for approval as to form by the City Attorney's office. Subsequent to the execution of the contract and approval of the insurance and bonds, a "Notice to Proceed" will be issued. The City has received a bid for the Fairview Park Cattail Removal Project, City Project No. 15-14. Staff evaluated the bid and recommends that the City Council adopt the plans, specifications, and working details for said project; award the contract to the apparent low bidder McNabb Construction Inc. in the amount of $215,460.00; approve Budget Transfer No. 16-124 in the amount of $232,000; and authorize the Mayor and the City Clerk to execute the Public Works Agreement. ERNESTO MUNOZ FARIBA FAZELI Public Services Director City Engineer ATTACHMENTS: 1 — Budget Transfer No. 16-124 2 — Bid Abstract DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney Interim Finance Director City Clerk Staff File N 0 Q W LL ��Q'y W 4 m ATTACHMENT U) d (L 0 N o 0 00 N L d O O N M c0 O V d , a+ R 7 Z N v 'V jo W m U co V- 7 0 O = U T m d V O d w � .O O V f0 � d1 O O 0 ch to y L C d F- ca E m c c W ca a� v c m C (a N O F- (6 � N V V O N Q D C C O` 0G c c c ar as o o Q O w = N U N 2 2 co .� a CL d Q a ® ® Luto 4N09, o � E V O m CL Q a o CL O a> cm m Q Q � N x LU E LL 0 Co d O D� ATTACHMENT 0 c o 0 O O N M , O fA W m m f6 f0 O O N N U C co N 4N09, ; O Q Q � N co d O Z ❑ O r cm h CD o c N d AD M n 0 v x N n it n w r- o. �- Q ® o es T � A p U Q N C m o ❑ O u c N i 'cu - - r 'O a of ,a � > c Q E w o O m aCL U Q c V ❑ .18 N N •c Y1 N 1 1 1 r r r O O Q 0 Q v Q @ Cl V' O r O N U w tC 0 N 0 w � N a m R = U � of N co 7 C ` m Lov E m Q Q Z �` 3 C CL m ' ' ' ' ' ' 00. V W N ` N L O R a c aLL c U :.: J V 0 y'Na C. r E = c a c O o 0 fl c p N m . . . . . . w O w N N m O N O O Z Q h to U) Q3 VQ o2 +.• c a ❑ r �v� o mem ATTACHMENT 2 CITY OF COSTA MESA Fairview Park Cattail Removal Project, #15-14 BID OPENING DATE: September 21, 2015 BID OPENING RESULTS Bidder City Total Bid 1. McNabb Construction Lafayette, CA $215,460.00 AVERAGE $215,460.00 ENGINEER'S ESTIMATE $175,000.00 CC -5 UNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — 5:45 P.M. October 6, 2015 CALL TO ORDER The Special Closed Session meeting was called to order by the Mayor at 5:37 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, and Council Member Genis, Council Member Foley Council Members Absent: Council Member Monahan PUBLIC COMMENTS ON CLOSED SESSION ITEMS — NONE CLOSED SESSION The City Council recessed into Closed Session at 5:38 p.m. to consider the following item: 1. Conference with legal counsel regarding existing litigation: City of Costa Mesa, et al v. Michael Cohen, et al, Sacramento County Superior Court, Case No. 34- 2013-80001675, pursuant to California Government Code Section 54956.9(a). The City Council reconvened at 5:56 p.m. CALL TO ORDER (00:00:09) 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. PLEDGE OF ALLEGIANCE (00:00:21) — Council Member Monahan MOMENT OF SOLEMN EXPRESSION (00:00:49) Principal Caleb McFerran, Christ Lutheran Church & School, Cost Mesa. ROLL CALL (00:02:53) Present: Council Member Foley, Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer, Mayor Mensinger Absent: None Minutes — Regular Meeting — October 6, 2015 - Page 1 UNOFFICIAL UNTIL APPROVED Officials Present: Chief Executive Officer Tom Hatch, City Attorney Thomas Duarte, Assistant Chief Executive Officer Rick Francis, Assistant Chief Executive Tamara Letourneau, Economic and Development Services Director Gary Armstrong, Public Services Director Ernesto Munoz, and City Clerk Brenda Green. CITY ATTORNEY CLOSED SESSION REPORT (00:03:05) — NONE • COIN: Council Members Ex Parte Communications pursuant to Municipal Code Section 2-238(b) ANNOUNCEMENTS (00:03:22) "Costa Mesa Minute" was played featuring upcoming events and activities in the community. PRESENTATIONS (00:05:46) 1. Mayor's Award: Social (00:06:04) Andrew Dorsey and Dan Biello, the owners of SOCIAL, accepted the Mayor's Award. 2. Back to School Bicycle Safety Event Presentation on Bikeway Safety by Ernesto Munoz, Director of Public Services; and two bikes presented to: Winner #1 — Bike and Helmet Winner: Evan Morales, Age 4; and Winner #2 — Bike and Helmet Winner: Anthony Gonzalez, Age 9. PUBLIC COMMENTS (00:22:08) Kathy Esfahani, Costa Mesa, spoke on behalf of the Costa Mesa Affordable Housing Coalition; spoke on the Costa Mesa Motor Inn; and low income housing. (00:23:08) Beth Rafakes, Costa Mesa, spoke on behalf of the Costa Mesa Military Affairs Team and the collection of candy for the Trunk or Treat event. (00:26:15) Wendy Leece, Costa Mesa, spoke on the Fire Department reorganization; requested to develop and release ambulance RFP for billing services; comprehensive financial studies; and RFP for private ambulance providers; and spoke on Council Members building projects. (00:28:48) Mayor Pro Tem Righeimer spoke on building a new home. (00:31:47) Dr. Nina Reich, Costa Mesa, requested bus benches be replaced; spoke on the homelessness; the closure of bathrooms at parks; and the Brown Act. (00:34:02) Minutes — Regular Meeting — October 6, 2015 - Page 2 UNOFFICIAL UNTIL APPROVED Steve White, Costa Mesa, spoke on 9/11; and political signs. (00:36:52) Richard Huffman, Costa Mesa, spoke on the sober living homes and their close proximity to each other; and problems associated with the homes. (00:40:21) Robin Leffler, Costa Mesa, spoke on Wendy Leece's public comments; and negotiations. (00:44:33) Speaker, Costa Mesa, spoke on public safety on the Westside and bicycle safety; and homeless camping in the area. (00:46:39) Speaker, Costa Mesa, spoke on leadership. (00:48:40) Teresa Drain, Costa Mesa, spoke on the violations by the developer at 2600 Harbor Boulevard. (00:50:53) Speaker, Costa Mesa, spoke on the refund of appeal fees. (00:53:29) Tamar Goldmann, Costa Mesa, spoke on no complaints regarding motels; and crime. (00:56:35) Speaker, Costa Mesa, spoke on the sober living homes on Boston Way; Coastal Commission meeting on October 7, 2015 regarding Banning Ranch; and refund of appeal fees. (00:59:44) COUNCIL MEMBER' REPORTS, COMMENTS, AND SUGGESTIONS (01:02:22) Council Member Monahan spoke on the prostate cancer fundraiser in November; spoke on Boston Way sober living homes; requested an update on the Newport Blvd. signage and landscaping; requested an update on the School District lights; motel complaints and addressing problems at motels; bus benches; and spoke on the closing of the bathrooms in order to address crime issues. (01:02:26) Mayor Pro Tem Righeimer requested Staff address complaints by developer at 2600 Harbor Blvd; spoke on the sober living homes on Boston Way and the application process for sober living homes and litigation; and motels and affordable housing. (01:11:00) Mayor Mensinger spoke on the calls for service at motels; spoke on Vans relocating to Costa Mesa; October 16, 2015 Walk with the Mayor; and October 10, 2015 Halecrest Chili Cook Off. (01:16:45) Council Member Foley congratulated Vanguard University; requested a meeting with Tamar Goldmann; requested an update on revision to appeals process; spoke on litigation regarding sober living homes; thanked the Bikeability and Walkability Minutes — Regular Meeting — October 6, 2015 - Page 3 UNOFFICIAL UNTIL APPROVED Committee members; plan for low-income affordable housing concerns and update on RINA numbers; and prostate cancer prevention. (01:19:40) Council Member Genis spoke on the bike safety event; reported on attendance at the League of Cities meeting; group home impacts; Coastal Commission meeting to be held on October 17, 2015 regarding Banning Ranch; spoke on noise complaints by a developer; spoke on housing for moderate income households; and the passing of Forrest Warner. (01:27:08) REPORT — CHIEF EXECUTIVE OFFICER (CEO) (01:36:55) Chief Executive Officer Tom Hatch spoke on City Council Study Session Tuesday, October 13, 2015 at 5:00 p.m. on the Library and Neighborhood Community Center; spoke on League of California Conference; and spoke on addressing the 2600 Harbor Blvd. concerns. Mr. Munoz reported on Costa Mesa Freeway signage and landscaping. CONSENT CALENDAR (01:40:08) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 14 except for 9. 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 Motions 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 adopted and approved Ordinances and Resolutions by reading title only, and further reading waived. 2. READING FOLDER a. Claims received by the City Clerk: Southern California Edison, and Erica Berthold. Minutes — Regular Meeting — October 6, 2015 - Page 4 UNOFFICIAL UNTIL APPROVED ACTION: City Council receive and filed. 3. WARRANT RESOLUTION NO. 2543 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-19 FOR $2,073,899.05, 15-19 "A" FOR $690.41; AND 15-20 FOR $2,091,956.75; AND CITY OPERATING EXPENSES FOR $2,435,921.02; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID ACTION: Approve Warrant Resolution No. 2543, to be read by the title only, and waived further reading. 4. 2013-2014 SLURRY SEAL PROJECT, CITY PROJECT NO. 13-15 ACTION: 1. City Council accepted the work performed by American Asphalt South, Inc. and authorized the City Clerk to file the Notice of Completion; and 2. City Council authorized the release of 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. MINUTES ACTION: City Council approved the minutes of the Special Joint Study Session of the City Council and Planning Commission Meeting of September 8, 2015, the minutes of the City Council and Successor Agency to the Redevelopment Agency and Special Joint Meeting with the Costa Mesa Housing Authority Meeting of September 15, 2015; and minutes of the Special Closed Session of the City Council Meeting of September 22, 2015. 7. RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS14-00187 FOR STREET IMPROVEMENTS LOCATED AT 2300 HARBOR BOULEVARD, COSTA MESA, CALIFORNIA ACTION: City Council released the Faithful Performance Bond (Certificate No. 389246-C) in the amount of $67,350 and Labor and Materials Bond (Certificate No. 389246- C) in the amount of $67,350 for street improvements to Action Development (Contractor), 19060 Rising Sun Road, Corona, California 92881. Minutes — Regular Meeting — October 6, 2015 - Page 5 UNOFFICIAL UNTIL APPROVED 8. NOTICE OF INTENT FOR THE VACATION OF A PORTION OF SIDEWALK AND LANDSCAPE EASEMENT AT 580 ANTON BOULEVARD ACTION: 1. City Council set the Public Hearing for November 3, 2015 for the vacation of a portion of Sidewalk and Landscape Easement at 580 Anton Boulevard; and 2. City Council adopted Resolution No. 15-53, to be read by title only, and further reading waived, of intent to vacate a portion of Sidewalk and Landscape Easement. 10. AWARD THE PURCHASE OF ONE NEW 2015 CATERPILLAR 420F BACKHOE LOADER ACTION: City Council approved and authorized the Chief Executive Officer to execute an agreement for the purchase of one (1) new 2015 Caterpillar Backhoe Loader, model 420-F2, with an extended warranty and two (2) Caterpillar pin -lock buckets, through the National Joint Powers Alliance (NJPA) #032515 -CAT with Quinn CAT Company, 25961 Wright Street, Foothill Ranch, CA 92610 in the amount of $127,734.63. 11. AWARD THE PURCHASE OF ONE NEW 2016 FORD F450, `ROADLINE' STENCIL PAINT TRUCK ACTION: City Council approved and authorized the Chief Executive Officer to execute an agreement for the purchase of a 2016 Ford F450, 2 -wheel drive supercab truck with a `Roadline TPMT' stencil/paint truck bed through the National Joint Powers Alliance (NJPA) #102811 -NAF with National Auto Fleet Group, 490 Auto Center Drive, Watsonville, California 95076 in the amount of $114,759.27. 12. DONATION OF PARATRANSIT VEHICLE FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY SENIOR MOBILITY PROGRAM ACTION: City Council accepted the donation of a 2007 Ford EI Dorado, Paratransit Vehicle from the Orange County Transportation Authority (OCTA) Senior Mobility Program. Minutes — Regular Meeting — October 6, 2015 - Page 6 UNOFFICIAL UNTIL APPROVED 13. HARBOR BOULEVARD AND ADAMS AVENUE INTERSECTION IMPROVEMENT PROJECT, CITY PROJECT NO. 13-09 ACTION: 1. City Council accepted the work performed by All American Asphalt and authorized the City Clerk to file the Notice of Completion; and 2. City Council 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. 14. PROFESSIONAL AUDIO/VIDEO DESIGN SERVICES FOR CITY COUNCIL CHAMBERS, CONFERENCE ROOM 1A AND NEW COMMUNITY MEETING ROOM; AND AUDIO/VIDEO RELATED CONSTRUCTION MANAGEMENT SERVICES ACTION: 1. City Council awarded a professional services agreement to Triton Technology in an amount not to exceed $136,125 for audio/video consulting services to: a) Update City's existing audio/video design and specifications for upgrades to City Council Chambers, Conference Room 1A and Costa Mesa TV broadcast systems, and b) Provide audio/video design services for a new community meeting room located in the former print shop of City Hall; and c) Provide related audio/video construction management services; and 2. City Council authorized the City's Chief Executive Officer to execute the Professional Services Agreement. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): NONE OLD BUSINESS: NONE NEW BUSINESS: (01:41:01) 1. PROPOSED GENERAL PLAN LAND USE ALTERNATIVE FOR THE YEAR 2015-2025 GENERAL PLAN UPDATE (01:41:03) City Attorney, Tom Duarte, stated that Council Member Monahan has a conflict of interest due to his business and residence on Newport Boulevard is within 500 Minutes — Regular Meeting — October 6, 2015 - Page 7 UNOFFICIAL UNTIL APPROVED feet. Council Member Monahan will recuse himself from voting on item Al — Residential Incentive Overlay; however, will return to vote for the rest of the items. Council Member Monahan will be permitted to watch the item on television in another room in order to hear Staff's presentation and public comments. (01:41:36) Council Member Monahan recused himself at 7:46 p.m. Staff report, including a PowerPoint presentation presented by Laura Stetson, AICP, Principal, MIG Incorporated. (01:43:04) City Council recessed at 7:57 p.m. City Council reconvened at 8:04 p.m. Public Comments: (02:39:00) Kyle Woosley, Costa Mesa, spoke in support of the General Plan update. (02:39:46) Kathy Esphani, Costa Mesa, spoke on the residential incentive overlay; Harbor Boulevard; encourages affordable housing; and spoke in opposition to the current plan. (02:40:01) Flo Martin, Costa Mesa, spoke on Fairview Developmental Center, and spoke in support of 15 dwelling units per acre with a maximum of 25 with a density bonus. (02:43:11) Robert Sterling, employed by Fairview Developmental Center; spoke in opposition to proposed density; spoke on prevailing wage, and soccer fields. (02:45:10) Dianne Russell, Member of the Costa Mesa Affordable Housing Coalition, requested to reinstate general plan use overlay at Fairview Development Center that allows a developmental capacity of 1,000 units at a maximum density of 40 units; and requested higher density. (02:55:42) Don Holland, Costa Mesa, spoke on 40 units per acre are for apartments; existing overlays; spoke on incentives and the economy. (02:57:50) Murray McQueen, President of Tribune Real Estate Holding — owner of the LA Times site, spoke on converting the location to create offices and additional jobs. (03:01:08) Linda Tang, Costa Mesa Affordable Housing Coalition, spoke on development incentives for those who set aside 20% for low incoming households; spoke on Minutes — Regular Meeting — October 6, 2015 - Page 8 land use decisions; spoke on density finalization of draft; and submitted a lette Housing Coalition. (03:03:02) UNOFFICIAL UNTIL APPROVED bonuses; requested delaying the r from the Costa Mesa Affordable Speaker, Costa Mesa, spoke on affordable housing; traffic impacts; and Banning Ranch. (03:05:01) Ginger Roberts, Costa Mesa, spoke on the removal of the mixed-use overlay; and the rezoning of mobile home parks. (03:06:24) Wendy Leece, Costa Mesa, spoke in opposition to increased density; and traffic study. (03:07:51) Robin Leffler, Costa Mesa, spoke on a traffic study; and citizen's comments be included for consideration. (03:10:26) Cynthia McDonald, Costa Mesa, spoke on citizen comments that should be included for consideration of the General Plan; and residential developments. (03:12:54) Peter Lauter, on behalf of Whittier Law School, spoke on the inclusion of their property in the General Plan update; and consideration of a mixed use property including residential. (03:16:01) Richard Huffman, Costa Mesa, spoke on General Plan terminology; spoke on 40 units per acre; and industrial buildings on the Westside. (03:17:32) Greg Sullivan, Costa Mesa, spoke on changing areas to meet walkability; affordable housing and density; and the difficulty to meet 40 units per acre. (03:21:53) Jay Humphrey, Costa Mesa, spoke on Azulon Senior Project; parking standards; traffic; and affordable housing. (03:24:34) Brian Cowell, Costa Mesa, spoke on the traffic on Baker and Bristol; and affordable housing. (03:27:50) Christopher Otis, Costa Mesa, spoke on the widening of Wilson Street. (03:30:14) Gary Monahan, Costa Mesa resident, homeowner, and business owner, requested 24 dwelling units per acre on certain areas South of his business to promote activity. (03:33:02) Discussion ensued on the conflict of interest law. (03:35:40) Minutes — Regular Meeting — October 6, 2015 - Page 9 UNOFFICIAL UNTIL APPROVED Council Member Genis spoke on housing density bonuses; affordable housing; recommended base densities be lowered, such as 40 units per acre; and supports housing for workforce. (03:37:46) For the Proposed General Plan Land Use Alternative, City Council gave staff the following direction: Al -A. Residential Incentive Overlay on Newport Blvd. within 500 -ft. Radius Area MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (03:40:45) MOTION: Residential Incentive Overlay to consist of 40 du/acre along Newport Boulevard on the properties Council Member Monahan must abstain from voting on as delineated on the attached map (attachment 1), due to residence and place of business within 500' radius of properties in the overlay zone; and staff to return with a traffic study. The motion failed by the following roll call vote: Ayes: Mayor Pro Tem Righeimer and Mayor Mensinger Nays: Council Member Foley and Council Member Genis Abstain: Council Member Monahan Absent: None Motion failed: 2-2-1 Council Member Monahan returned to the dais. (03:43:55) Al -B. Residential Incentive Overlay on Newport Blvd. and Harbor Blvd. MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (03:44:44) The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: Council Member Foley and Council Member Genis Absent: None Motion carried: 3-2 ACTION: City Council approved the Residential Incentive Overlay along Newport Boulevard (Attachment 2) and Harbor Boulevard (Attachment 3) consisting of 40 du/acre, excluding the properties pertaining to Council Member Monahan's conflict of interest area (Attachment 1); and Staff to return with a traffic study. MOVED/SECOND: Council Member Foley/Council Member Genis MOTION: To not include a Residential Incentive Overlay consisting of 40 du/acre along Harbor Boulevard. Minutes — Regular Meeting — October 6, 2015 - Page 10 UNOFFICIAL UNTIL APPROVED SUBSTITUTE MOTION: (03:45:20) MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: Council Member Foley and Council Member Genis Absent: None Motion carried: 3-2 ACTION City Council approved the Residential Incentive Overlay along Newport Boulevard (Attachment 2) and Harbor Boulevard (Attachment 3) consisting of 40 du/acre, excluding the properties pertaining to Council Member Monahan's conflict of interest area (Attachment 1); and Staff to return with a traffic study. This includes parcels identified in blue on Newport Boulevard (Attachment 2). A2. Segerstrom Home Ranch MOVED/SECOND: Council Member Foley/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: City Council approved Segerstrom Home Ranch at a maximum of 1.2 million square feet, or 0.64 FAR of office uses on the development site. A3. Sakioka Lot 2 MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan 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 approved Sakioka Lot 2 at a maximum density of 80 dwelling units per acre without any changes to the existing trip budget, maximum 660 units, any other development standards as specified in the North Costa Mesa Specific Plan; and no increase in the trip budget. Minutes — Regular Meeting — October 6, 2015 - Page 11 UNOFFICIAL UNTIL APPROVED A4. SoBECA Discussion ensued regarding maximum amount of dwelling per acre, density, and traffic trips. MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (04:02:30) The motion carried by the following roll call vote: Ayes: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: Council Member Foley and Council Member Genis Absent: None Motion carried: 3-2 ACTION: City Council approved SoBECA Mixed-use Overlay Zone with a site-specific density of 40 dwelling units per development lot with an overall cap of 20 du/acre in the overall urban plan area; and capped at a maximum number of 450 units. A5. Harbor Mixed -Use Overlay Zone MOVED/SECOND: Mayor Pro Tem Righeimer/Mayor Mensinger (04:10:47) 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 approved South End of Harbor Mixed -Use Overlay Zone as a new mixed-use planned development area with a maximum 1.0 FAR and maximum specified residential density of 20 du/acre; and does not include mobile home parks. A6. Fairview Development Center MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer (04:17:41) MOTION: Property with a new land use designation of .25 FAR Institutional; minimum 25% open space for recreational purposes, and maximum cap of 500 dwelling units at maximum 25 du/acre. MOVED/SECOND: Council Member Foley/Council Member Genis SUBSTITUTE MOTION: Direct Staff to return with alternatives to carve out the Shannon Mountain project, address issues raised by Council; and provide additional information on Senate Bill 82. Minutes — Regular Meeting — October 6, 2015 - Page 12 UNOFFICIAL UNTIL APPROVED The motion failed by the following roll call vote: Ayes: Council Member Foley and Council Member Genis Nays: Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Absent: None Motion failed: 2-3 Council Member Monahan withdrew his previous motion. (04:33:22) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan 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 approved Fairview Development Center property with a new land use designation consisting of: 0.25 FAR Institutional, minimum 25% open space for recreational purposes, and maximum cap of 500 dwelling units for the entire site at 15 du/acre; except 300 dwelling units at 25 du/acre for the Shannon Mountain site (12 acre site) is allowed. A7. LA times Site MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan 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 approved the LA Times Site at a maximum 0.64 FAR for office uses and 0.54 FAR for retail/commercial uses in a Commercial Center land use designation. Council Member Foley requested information on alternatives for the area. Mayor Mensinger stated he does not support residential for the area. City Council did not direct staff to study any additional land use alternatives. Minutes — Regular Meeting — October 6, 2015 - Page 13 UNOFFICIAL UNTIL APPROVED City Council recessed at 10:50 p.m. City Council reconvened at 10:59 p.m. 2. PROPOSED URBAN PLAN AMENDMENT TO AMEND THE SOBECA AND WESTSIDE URBAN PLANS (04:44:20) Staff report, including a PowerPoint presentation presented by Assistant Development Services Director, Claire Flynn. (04:44:41) Public Comments: Walt Clanton, Costa Mesa, spoke on lots on the Westside; density; and parking issues. (04:58:10) Linda Tang, Costa Mesa Affordable Housing Coalition & Kennedy Commission, recommended 20% set aside for affordable housing. (04:59:53) Cynthia McDonald, Costa Mesa, spoke on appealing to buyers; and transitional housing. (05:02:05) Christopher Otis, Costa Mesa, spoke in support of bikeability and walkability in the City. (05:03:25) Mayor Pro Tem Righeimer spoke in support of new restrictions. (05:04:25) Discussion ensued on live/work space minimum requirements. (05:05:09) Council Member Foley expressed concern with Table A, #5 — Promote and better define work space in live/work unit. (05:05:39) Council Member Genis spoke on live/work space; and the need for bikeability and walkability committee to review pedestrian connections. (05:07:08) Discussion ensued on the enforcement procedure for short term vacation and boarding houses; and enforcement and determination of workspace being used for offices versus bedrooms. (05:10:31) MOVED/SECOND: Mayor Pro Tem Righeimer/Council Member Monahan 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 — October 6, 2015 - Page 14 UNOFFICIAL UNTIL APPROVED ACTION: City Council directed Staff to proceed with an Urban Plan Amendment to amend the SoBECA and Westside Urban Plans. 3. GENERAL PLAN SCREENING GPS -14-04 FOR PROPOSED 28 -UNIT RESIDENTIAL PROJECT AT 440 FAIR DRIVE (05:16:44) Staff report, including a PowerPoint presentation presented by Minoo Ashabi, Principal Planner. (05:17:02) Steve Sheldon, Applicant of Sheldon Development, presented a PowerPoint presentation. (05:22:30) 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: City Council approved to continue the meeting passed midnight. Public Comments: Teresa Drain, Costa Mesa, thanked applicant for the community meetings; spoke on maintaining current land use element; and requested lower density. (05:36:40) Carolyn Van Hosen, Costa Mesa, spoke in favor of the project; substantial improvement; and complimented design. (05:39:45) Walt Clanton, Costa Mesa, expressed concern with traffic patterns. (05:41:09) Corina Bellino, Costa Mesa, spoke in support of the project; and less traffic trips. (05:43:24) Tara McFadden, Costa Mesa, spoke in favor of the project. (05:44:35) Ahmet Demirel, Costa Mesa, spoke in favor of the project. (05:45:49) Doug Vogel, Costa Mesa, spoke in favor of the project. (05:46:22) Stephen Thornton, Costa Mesa, spoke in favor of the project. (05:48:16) Minutes — Regular Meeting — October 6, 2015 - Page 15 UNOFFICIAL UNTIL APPROVED Cynthia McDonald, Costa Mesa, spoke in opposition to the project; and the need for additional open space. (05:49:18) Christopher Otis, Costa Mesa, suggested adding another exit. (05:50:17) Council Member Foley spoke on the odor of the gas fuels; and issues with roof decks. (05:51:07) Council Member Genis spoke on focusing on amending the General Plan; and concern with density. (05:53:20) Mayor Pro Tem Righeimer spoke on proposed density. (05:58:55) MOVED/SECOND: Council Member Foley/Council Member Monahan 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 accepted the General Plan Amendment request for processing to amend the land use designation from Neighborhood Commercial to Planned Development Residential related to development of a 28 -unit residential development at 440 Fair Drive. ITEMS REMOVED FROM THE CONSENT CALENDAR (06:06:25) 9. FAIRVIEW PARK NORTH BLUFF TRAIL REALIGNMENT — CHANGE ORDER NO.3 (06:06:28) Council Member Genis spoke on concerns with lighting; no provisions in Fairview Park Master Plan. (06:06:50) Staff report, presented by Director of Public Services, Ernesto Munoz. Mr Munoz spoke on contract with Kabbara Engineering and that it does include electrical engineering services for lighting the main parking lot at Fairview Park. (06:08:23) Council Member Genis spoke on issues not in the Master Plan; and concern with environmental consequences. (06:10:02) Minutes — Regular Meeting — October 6, 2015 - Page 16 UNOFFICIAL UNTIL APPROVED Public Comments: Christopher Otis, Costa Mesa, encouraged using solar lights. (06:11:18) MOVED/SECOND: Council Member Monahan/Mayor Pro Tem Righeimer The motion carried by the following roll call vote: Ayes: Council Member Genis, Council Member Monahan, Mayor Pro Tem Righeimer and Mayor Mensinger Nays: Council Member Foley Absent: None Motion carried: 4-1 ACTION: City Council approved Contract Change Order No. 3 in the amount of $82,727.00 and authorized the Chief Executive Officer to execute Contract Change Order No. 3 REPORT — CITY ATTORNEY — NONE (06:12:13) ADJOURNMENT (06:12:24) The Mayor and City Council adjourned in memory of Forrest Werner at 12:28 a.m. Minutes adopted on this 20th day of October, 2015. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk Minutes — Regular Meeting — October 6, 2015 - Page 17 K p� 10 3aisnvs ATTACHMENT 1 d d tQ h� �e 91 e P` 0 � p�4 C ..... P - Q v P pP ? E �g eoy E oe� 2 hry a m o m m - m � co u y v—` p �O 3 pme aoeavH PJ d . a o a z ¢ K p� 10 3aisnvs ATTACHMENT 1 d z m 91 � o �o ..... is sNosava �h m o m m a rc y 3 pme aoeavH o a z ¢ a rc m LL Existing Context Proposed General Plan: Overlay ATTACHMENT 2 Residential Incentive Newport Boulevard Key Mau October 2015 Current Land Use Designation Low Density Residential (8 du/ac) Medium Density Residential (12 dulac) ..,: High Density Residential (20 du/ac) Commercial Residential (17.4 du/ao) General Commercial �r Neighborhood Commercial -.-.. Light Industrial ramililrs Public/Institutional Galt Course Focus Areas L___] Original Overlay Boundary C_'...1 Alternative Boundary Expansion Original Overlay Boundary Existing Development Newport Total Area.............22.0 acres Residential Units.................183 Commercial Square Feet..... 285,100 Land Use Recommendation Density................................40 DU/AC Residential Units.................880 Commercial Square Feet..... 142,600 Alternative Land Use Recommendation Density................................25 DU/AC Residential Units.................550 Commercial Square Feet..... 142,600 Alternative Expanded Boundary Existing Development Newport Total Area.............21.7 acres Residential Units.................107 Commercial Square Feet.....423,900 Land Use Recommendation Density................................40 DU/AC Residential Units..... ............ 869 Commercial Square Feet..... 212,000 Alternative Land Use Recommendation Density................................25 DU/AC Residential Units.................499 Commercial Square Feet ... ..212,000 Bay SI akf. Orange Cel College '-AFab lY. -- setts ' � A 1 Bay St. itil 0 if 1 % t p11u m ' � A 1 Bay St. itil 0 if 1 % Cl T Y COUNCIL A GENDA REPORT MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: CC -6 SUBJECT: PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE HARBOR BOULEVARDIMPROVEMENTS DATE: OCTOBER 8, 2015 FROM: PUBLIC SERVICES DEPARTMENT - TRANSPORTATION SERVICES DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES MANAGER, (714) 754-5343 RECOMMENDATION: 1) Award a Professional Services Agreement (Attachment 1) for the design of the Harbor Boulevard Improvements to CivilSource, Inc., 9930 Research Drive, Suite 200, Irvine, CA 92618, in the amount of $139,850. 2) Authorize the Mayor and the City Clerk to execute the Professional Services Agreement. BACKGROUND: Harbor Boulevard is a six -lane major arterial with commercial development on both sides of the street. Harbor Boulevard, within the project limits of Wilson Street and 19th Street, has a wide - painted median and provides access to major retail centers including several Auto Dealerships. The City believes that the installation of raised medians with landscaping will improve safety and enhance the overall image along the Boulevard. In April 2012, the Public Services Department was successful in capturing a Highway Safety Improvement Program (HSIP) grant for the engineering design and construction of raised median and safety improvements along Harbor Boulevard between Wilson Street and 19th Street. The City Council approved funding for this project through the adoption of the 2014-2015 Capital Improvement Budget. This contract will evaluate vehicular traffic and pedestrian movements on Harbor Boulevard within the project limits to develop a median design plan that serves the need of the adjoining commercial establishments effectively. ANALYSIS: On February 11, 2015, the City issued a Request for Proposals (RFP's) to several consulting firms for civil engineering design services. Eight (8) proposals were received to provide the intended engineering services. Proposals were reviewed for compliance with the City's RFP's, and consultants were evaluated based on project understanding, depth of experience, technical expertise, and associated factors. Based on the proposals, staff selected two (2) consultants for an oral interview. After careful review of the proposals and responses during the interview process, staff finds CivilSource, Inc. well qualified to perform the final engineering design services. The proposal submitted by CivilSource, Inc. and the responses during the interview process represent a thorough understanding of the project, complies with the project specifications, and documents technical ability and experience with similar projects. In addition to preparation of the necessary studies, and assessing the needs for access to adjacent businesses along the project limits, staff proposes to conduct extensive outreach with the property owners and commercial establishments to ensure their feedback is taken in full consideration. ALTERNATIVES CONSIDERED: One alternative would be to perform the design work in-house. However, the scope of work and demands of the project exceed staff's resources and time. A second alternative would be not to undertake this project. However, this will result in speeding and safety issues to remain along this stretch of Harbor Boulevard and will also result in relinquishing the HSIP Federal grant funds captured for this project. FISCAL REVIEW: The Public Services Department has secured HSIP federal grant funding in the amount of $105,000 for the design phase and $423,100 for the construction of raised medians and safety improvements along Harbor Boulevard between Wilson Street and 19th Street. The grant funds were recognized by City Council in the Fiscal Year 2014-15 Budget. Capital Improvement funds will be utilized for the balance of funds necessary for engineering design. Once the design documents and engineering estimates are completed, staff will request the balance of the construction phase funding through Fiscal Year 16-17 budget process. LEGAL REVIEW: The City Attorney's office has prepared the attached Professional Services Agreement and has approved the document relative to form. CONCLUSION: After careful review of eight (8) proposals submitted for civil engineering design for raised median improvements along Harbor Boulevard between Wilson Street and 19th Street and the subsequent interview process, it is recommended that the City Council award the Professional Services Agreement to CivilSource, Inc.; and authorize the Mayor and the City Clerk to execute the Professional Services Agreement. ERNESTO MUNOZ Public Services Director RAJA SETHURAMAN Transportation Services Manager ATTACHMENT: 1 - Professional Services Agreement DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Staff File F ATTACHMENTI CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH CIVIL SOURCE, INC. THIS AGREEMENT is made and entered into this 20th day of October, 2015 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and CIVIL SOURCE, INC., a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to perform engineering design services, 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 Cid. 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; Civil Source, Inc. (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 One Thousand Thirty -Nine, Eight Hundred Fifty Dollars ($139,850.00). 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 2 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. 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 three years, ending on October 19, 2018, 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 3 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, 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: 4 (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 "D" and incorporated herein by this reference. 5.5. Non-limitin�c . 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. 5 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 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: Civil Source 9930 Research Drive, Suite 200 Irvine, California, 92618 Tel: (949) 585-0477 Fax: (949) 585-0433 Attn: Amy Amirani, PE IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: 714-754-5378 Fax: 714-754-5330 Attn: Pritam Deshmukh 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 "E" 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 exorcise 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 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 7 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 We 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 CONSULTANT U, OLAM Lo AL Date: / 5 Signatur Name and Title RO 5 7-ag--)V�L Social Security or Taxpayer ID Number ATTEST: City Clerk 10 APPROVED AS TO FORM: Date: City Attorney APPROVED AS TO INSURANCE: Date: /-Z /1457 Risk nagement APPROVED AS TO CONTENT: itam Deshmukh DEPARTMENTALAPPROVAL Ernesto Munoz, Director of Public Services FINANCE DEPARTMENT APPROVAL Stephen Dunivent, Interim Finance Director 11 Date: 1111// //l . �D 121,5 Date: Date: EXHIBIT A REQUEST FOR PROPOSALS February 11, 2015 CITY OF COSTA MESA CALIFORNIA 92626-1200 P.O. BOX 1200 FROM THE OFFICE OF THE DIRECTOR, DEPARTMENT OF PUBLIC SERVICES SUBJECT: REQUEST FOR PROPOSALS — DESIGN AND ENVIRONMENTAL SERVICES FOR MEDIAN AND LANDSCAPE IMPROVEMENTS ON HARBOR BOULEVARD Dear Consultant: The City of Costa Mesa is requesting proposals for professional engineering and environmental services to design median and landscape improvements on Harbor Boulevard between Wilson Street and 19th Street in Costa Mesa. The scope of services generally consists of preparation and processing of environmental documents and civil engineering design plans including the following improvements: ® Installation of raised medians Parkway improvements Landscaping and irrigation for medians and parkways This project is structured in the four (4) following phases: Phase 1: Existing Plan Review, Survey, and Preliminary Design Phase 2: Environmental Analysis and Approval Phase 3: Final Civil Engineering Design Phase 4: Federal Approval for Construction and Construction Support Community outreach should be incorporated during the first three (3) phases of the project. BACKGROUND The City of Costa Mesa has identified accident patterns along Harbor Boulevard that could be improved by the installation of raised landscaped medians. In November 2013, the City was awarded Federal Highway Safety Improvement Program (HSIP) grant funds to install medians, landscaping, and associated improvements along Harbor Boulevard to improve pedestrian and traffic safety. The City has applied for authorization to proceed with the final design for the project and is awaiting approval from Caltrans which is expected by April 2015. SCOPE OF SERVICES The project scope includes the preparation of plans and processing of documents to allow the installation of medians, parkway improvements and landscaping along Harbor Boulevard. The subject scope of services is intended as a "Turnkey" project to maintain a responsible and comprehensive base for all project development. Tasks shall be coordinated to effectively develop 1 77 FAIR DRIVE PHONE: (714) 7545343 • www.d.costa-mesaxams interrelated project elements; the project shall not be advanced until preliminary requirements are addressed and clear direction established. The consultant shall have total responsibility for the accuracy and completeness of all work and services. The following description of work defines the general project requirements for the median project. Associated tasks and provisions not specifically defined herein are requested to be addressed in the proposal and undertaken within the proposed "Not to Exceed" contract fee. PHASE I — To o ra Tic Serve Field Condition Assessment Alternatives Analysis Preliminary Design, & Resident Meetings This phase consists of defining the physical conditions and utilities within the project area, preparation of preliminary design plans and establishing the design features proposed, and meeting with affected stakeholders. The consultant shall perform a traffic analysis of turning movements from driveways and pedestrian crossing movements along Harbor Boulevard between Wilson Street and 19th Street. Based on this analysis, the consultant shall provide median alternatives to address traffic and pedestrian issues. This phase shall include the following: 1. Meet with City staff to define and clarify the work plan and project elements. The City will provide data collected to date and conceptual plans for consultant use. It is the consultant's responsibility to verify the accuracy of all information provided by the City. 2. Review all City -supplied information, including conceptual plans and neighborhood concerns. 3. Perform additional topographic surveying extending through the project area to establish horizontal and vertical controls at 25' intervals. Establish existing and proposed controls including centerline, street geometrics, and right-of-way throughout the project limits. Reference elevations to the closest and latest Orange County Benchmark (DCBM). 4. Research and establish the precise location of all utilities and utility easements. Coordinate with all utility companies to determine underground, surface, and overhead facilities. Comply with the City -adopted "Utility Coordination Procedures." Determine where interfaces with existing facilities will occur as a result of the future construction of this project. Consult with affected utility companies and resolve any conflicts, keeping City staff informed in writing. Maintain a Utility File on all utility documentation. 5. Plot the detailed survey notes and electronic mapping files at 40 scale using CAD on 24" X 36" sheets identifying all existing conditions. Physical features shall include BCR, ECR, flow - lines, centerlines, angle points, top of curb, spandrels, pavement striping, utilities, structures, walls, trees and landscape, underground and surface utilities, poles, hydrants, catch basins, signs, valves, manholes, and all other physical features. 6. Perform a traffic analysis of turning movements from driveways and pedestrian crossing movements along Harbor Boulevard; recommend any alternatives to the proposed median and meet with City and affected stakeholders to reach consensus on the design. The consultant will collect turning movement and daily counts at all driveway locations along Harbor Boulevard within the project limits. This data will be used to perform traffic analysis to determine the location of median breaks and lengths of turning pockets at these openings. The result of the traffic analysis will be assimilated and presented in graphic format in the community outreach meetings. 7. Preliminary design work includes plans for construction of median improvements. The preparation of cost estimates shall be included. Community Outreach: Installing raised medians and landscaping at certain locations may have impacts to property frontages of affected businesses. The City intends to hold three (3) neighborhood meetings and 2 one (1) City Council Public Hearing to identify and finalize the project concept. The Consultant is required to continue this outreach to the community during the design process under the City's direction. For the purpose of this proposal, assume up to three (3) community outreach meetings and a City Council presentation. The Consultant will plan, prepare, and conduct these meetings based on discussions with the City. The City will assist in providing notification to affected stakeholders including businesses and residents. PHASE 11- ,Environmental Stud This phase includes the preparation of a Preliminary Environmental Studies (PES) document analyzing and describing environmental impacts and mitigations of the proposed project meeting California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) requirements. As the median project is federally funded, Caltrans will review and approve all environmental documents. All associated work required to receive environmental compliance shall be included within the subject scope of services, including the preparation of the Field Review form, Aerial Deposited Lead (ADL) study and other environmental studies as required, copying, distribution/mailing of notices, and providing all materials and services as necessary. The consultant shall submit copies of the environmental document, associated technical reports, and other materials for the City and Caltrans review, and address all elements to achieve Caltrans environmental clearance. PHASE 111- Plans, Specifications & Estimates This phase includes the preparation of final plans and specifications necessary to construct the proposed project. The consultant is expected to coordinate twice a month and meet once a month with City staff to discuss the various design elements. This task includes, but is not limited to the following: A. Construction Documents - Prepare separate design plans and profiles at 1" = 20' scale on standard 24" x 36" mylar for the Project. Electronic CAD files compatible with AutoCAD 2007 and other document files shall be delivered to the City. Complete plans on mylar per City standards. Plan and profile will be required for the existing and proposed elevations. Plans are to be fully detailed to advertise and construct the project. Design plans shall include median design, parkways improvement design, landscaping and irrigation, signing and striping, and traffic control and detour, etc. Work for the project shall include: 1. Utilities - Perform all necessary research to establish the precise location of all utilities and utility easements. Coordinate with all utility companies to determine the nature and location of all possible relocations and associated costs. Determine where interfaces with existing facilities will occur as a result of the construction of this project. Consult with affected utility companies requiring relocations, and resolve any conflicts, keeping City staff informed in writing, including the possibility of undergrounding utilities presently on poles along the project area. Comply with Caltrans' "Manual on High and Low Risk Underground Facilities within Highway Rights -of -Way." 2. Hydrologic/hydraulic Report — Analyze hydrologic/hydraulic conditions, develop details for standard longitudinal and cross fall drainage, and document findings and design calculations. 3. Prepare a Water Pollution Control Plan meeting recent City and State standards. 4. Prepare final cross sections at 50' intervals, indicating vertical and horizontal cross falls, elevations, analysis of super elevations/highway design speed calculations, effect to private property, etc., conforming to City standards. Detailed and complete cross sections shall be submitted with the first plan check. 5. Traffic control plans are required and must provide continuous driveway and pedestrian access at all times during the construction phase of the project. Traffic control plans shall identify each construction stage and sequence, provide adequate details on alternate detour routes, developed to minimize impacts to residents. It is intended that all travel lanes remain open during construction in daytime. 6. The consultant shall prepare preliminary and final landscaping and irrigation plans with detailed specifications. The landscaping plan will include color renderings (hard copy and PDF) of planting pian and palette for median and parkway areas, and a minimum of three (3) street views which will be used in presentations and reports. 7. For budgeting purposes, submit to the City preliminary construction estimates and a monthly update of the estimates as design work progresses. Prepare the final detailed construction quantity and cost estimate. 8. Obtain final design approval from the City, and comply with all applicable requirements. 9. Complete project contract documents and special provisions in a format consistent with current City projects and in conformance with State and Federal guidelines. A copy of the construction contract agreement will be furnished by the City. 10. Prepare and submit two (2) Resident Engineer files, containing at a minimum, final construction quantities and cost estimates with background calculation work sheets; soil and hydrology reports; survey data; Caltrans permit material; and relative information. 11. The Consultant will be requested to review and approve addenda and provide clarification to pians and specifications. The Consultant shall attend the pre -construction meeting, and shall be available for consultation and assistance during construction of the project to clarify or explain items relating to the design. The consultant will also be responsible for preparation of final as -built plans. 12. The selected consultant shall include all additional items necessary to achieve completion and approval of the final design plans and specifications. PHASE IV— Caltrans Construction Authorization forms The consultant will be responsible for preparing all Federal forms including the Request for Authorization to Proceed with Construction, PS&E Certification, and the subject PS&E package to Caltrans Local Programs. The consultant shall efficiently address all project components as required to obtain State and Federal E-76 Certification. Quality Assurance/Quality Control - Quality Control shall be consistently and thoroughly applied throughout project development. Assigned QA/QC staff shall be technically well qualified to conduct the appropriate level of oversight, and demonstrate a concerted and sustained commitment to provide a high quality product. Concise written records shall be maintained by the Consultant on all activities. Firms considering proposal submittals are requested to have an in- house technical level of expertise to professionally address all aspects of the project. A Project Design meeting shall be held once a month, Additional meetings may be required during the initial phase of the project. The consultant shall be responsible for preparing meeting agendas, minutes, and presentation materials. A Critical Path Method (CMP) network, based on activities to support all project milestones and subtasks, shall be prepared. The information will 4 be in the form of a bar chart and show a deliverables schedule and other relevant data needed for the control of work, for City review of the work status, and accomplishments occurring each month. Content of Proposal It is requested that the following be submitted with your proposal: 1. Project Understanding - provide a brief review of the project and any suggestions you might have to expedite the project or special concerns of which the City should be advised. 2. Work Plan — define the project approach, team assignments, and products. 3. Schedule — provide a detailed schedule indicating stages of work and time frames. 4. An organization chart and staffing plan identifying personnel on this project, a brief resume on each individual (two pages max per person), and recent projects on which they have worked of similar type. Identify the project manager with a detailed resume, and the individual authorized to negotiate the contract on behalf of the consulting firm. 5. A listing of similar street improvement projects that your firm has completed within the last five (5) years. Information should include a description of work, year completed, cost, and agency/client name along with the agency contact person. 6. Comply with Professional Services Agreement requirements (see attached PSA). 7. Submittal of three (3) duplicate proposals. Fee Schedule The professional services contract will not be awarded based upon competitive bidding, and it is desired that fees be submitted separately. The fee schedule should show the hourly cost of personnel per task under each phase, with a total not -to -exceed amount for the project. The consultant's cost proposal for the prime and subcontractors should contain a breakdown of all cost components including labor base rate, other direct costs, overhead, and fees. It is requested that the fee, including all meetings, reproduction, materials, mailings, and associated project expenses, be itemized under the following phases: Phase 1: Existing Plan Review, Survey, and Preliminary Design Phase 2: Environmental Study Phase 3: Final Civil Engineering Design Phase 4: E-76 Authorization to Initiate Construction and Construction Support Total Not To Exceed Price - $ NOTE: All originals of plans, field notes, data and calculations, correspondence, reports, electronic files, etc., will be turned over to the City upon completion of design. Ten percent (10%) of the total contract fee will be withheld until the final PS&E, Resident Engineers File, and all project documents are submitted in acceptable form to the City. Contract Change Any change in the scope of work resulting in a contract increase or decrease in fee shall be approved by the City in writing prior to commencement of actual change in work. No fee adjustment will be allowed unless said prior approval is authorized exclusively in writing by the City, without exception. 5 USE Requirement As this project is funded using federal funds, Disadvantaged Business Enterprise (DBE) requirements are mandated and hence, have been added to this request for proposal. The City of Costa Mesa has established a DBE goal for this Contract of 20%. A Consultant proposal DBE Commitment Form (Exhibit 10.01) from the California Department of Transportation (Caltrans) Local Assistance Procedures Manual is attached to this RFP. Consultants should satisfy DISE requirements consistent with the Caltrans Local Assistance Procedures Manual, and include this form (Exhibit 10-01) with the proposal. Right to Refect all Prapansais The City of Costa Mesa reserves the right to reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this request for proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information, and/or in any other aspect of a proposal prior to the award of a written contract will be borne by 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 that may be incurred by a respondent. All proposals submitted to the City of Costa Mesa in response to this request for proposals shall become the property of the City. Enclosed is the City of Costa Mesa professional services standard agreement and sample certificate of insurance for reference in preparing the proposal_ The minimum insurance and endorsement requirements are stated within the enclosed documents_ Should your firm be interested in submitting a proposal for this project, please forward to the City of Costa Mesa, Transportation Services Division, 4th Floor City Hall, on or before 5:00 p.m., March 13, 2415. If additional information is required, please contact Pritam Deshmukh, Associate Engineer, at (714) 754-5183, or via email at pritam.deshmukh@costamesaca.gov. Sincerely, RAJA SETHURAMAN, Manager Transportation Services Attachments: 1 - Location Map 2 — Proposed Medians 3 — Parkway Areas 4 — Exhibit 10-01 5 - Sample Professional Services Agreement c Ernesto Munoz, Public Services Director Pritam Deshmukh, Associate Engineer [1 U)WQ W� Za: WIZ o WI< > 0 T 0 0 i dvricrr nv ��d f' v a e� W ,Amil)w Ur Cc_ Aoalnrt St L� l� fir i. Thurin SI �a {f� J� 0 W U) r otic r u J m lioiIf-qQ MeCu "� J ,l v `s�a� ? Pal ,;Oo' - u_ CA0 iN.J. ,;Ivd Harbor Bled to Crj 7 ,_J lii Glbarle S: � m �-i o J ni' 4Jr41Pr St Maple Ave talaplc SI Anaheim Ave Anaheim Ave — ? W � Y �d'JIJ_7 N Y pl tlo e Aena d Ave R: Pomona live Porn ona Ave Pomona Ave rii t[er1inq Avr_ 0 t6 C 0 V p Walincp&c MIla u,AVA y� 9 E a S" .. p3lAkVC u y` pve Placentia Ake Placentia # IM . J. ` � }■ \ , ,, - ■_» ` - 'I Not, � ` U)JVNH3 � �@ (� �� k• f . § • ; . . : �2- IM . � }■ ` 'I Not, KVH\ ` U)JVNH3 � �@ (� �� k• f . Local Assistance Procedures Manual EXHIBIT 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT Consultant Section The Consultant shall: 1. Local Agency Name -- Enter the name of the local or regional agency that is funding the contract. 2. project Location - Enter the project location as it appears on the project advertisement. 3. Project. Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Consultant Name - Enter the consultant's firm name. 5. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was repotted on the Exhibit 10-1 Notice to Proposers DRF Information form. See LAPM Chapter 10. G. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. 1f 100% of the item is not to be performed or furnished by the DRK describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 7. DUE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and telephone number, if the prime is a DBE. S. DBE Cert. Number - Enter the DBEs Certification Identificalion Number. All DIIFS must be certitiut on the date bids are opened. (DBF subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the+con(ract.) 9. DBE % - Percent participation of work to he performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 10. Total % Claimed — Enter the total DBE participation claimed. If thc'l'otal %Claimed is less than item "b. Contract DBE Goal", an adv�uately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE' inf wmatlnn - gaud faith 1s'jjorts of the LAPM). 11. Preparer's Signature —'Iltc person completing this section of the form ror the consultant's firm trust sign their name. 12. Preparer's Mame (Print) — Clearly enter the name of the person signing this section ofthe form for the consultont. 13. Preparer's Title -Enter the positionAitle ofthe person signing this section of the form for the consultant. 14. Date - Enter the date this section of the form is signed by the preparcr. 15. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agcncy Section, The Local Agency representative shall. Iii. Local Agency Contract Num her - Enter the Local Agency Contract Number. 17. Fed era[ -Aid Project Number - Enter the Federal -Aid Project Number. 18. Contract Execution Date - Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23. 19. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 20. Local Agency Representative Signature -'I'hc person completing this section of the form for the local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title - Easter the positionftitle of the person signing this section ofthe form. 23. (Area Corte) Tel. No. Enter the area code and telephone number of the Local Agency representative signing this section of the form. Page 2 of 2 LPP 13-01 May 8, 2013 A 'to Procedures Manual EXHIBIT 10-01 Local ssts nce Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT (Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form) Consultant to Complete this Section 1. Local Agency Name: Project Location: 2. 3. Project Description: - �- Name: 4. Consultant 5. Contract DBE Goal %:. DBE Commitment Information 6. Description of Services to he Provided 7. DBE Firm 8. DBE Cert. 9. DBE % Number Liform;ation Conlact10. Local Agency to Coma lete this Section %Total %Claimed 16. Local Agency Contract Number: 17. Federal -aid Project Number: - 18. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and the 11. Preparer's signature information on this forth is complete and accurate: 12. Preparer's Name (Print) 19. Local Agency Representative Name (Print) 13. Preparer's Title 20. Local Agency Representative Signature 21. Date 14. Date 15. (Area Code) Tel. No. 22. Local Agency Representative Title 23. (Area Code) Tel, No. Distribution: (1) Original — Consultant submits to local agency with proposal (2) Copy — Local Agency files Page 1 of 2 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Contract of 20 __% OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT 4 The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. • The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION if there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts -to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBI; participation shall be collected and reported. Exhibit 10-02 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). Page I of 3 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http://www.dot.ca.gov/hq/bep/. 1, Click on the link in the left menu titled 1)i dvcmtaged Bus mess 6►rterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access lo the DBE Quea Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the Page 2 of 3 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXH BIT 10-1 Notice to Prouosers DBE Information purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Page 3 of 3 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-3 Standard Contract Provisions for Subconsultant/DBE Participation EXHIBIT 10-J STANDARD CONTRACT PROVISIONS FOR SUBCONSULTANT/DBE PARTICIPATION 1. Subconsultants A. Nothing contained in this Contract or otherwise, shall create any contractual relation between the Agency and any subconsultants, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the Agency for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its subconsultants is an independent obligation from the Agency's obligation to make payments to the Consultant. B. Any subcontract in excess of $25,040, entered into as a result of this Contract, shall contain all the provisions stipulated in this Contract to be applicable to subconsultants. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the Consultant by the Agency. D. Any substitution of subconsultants must be approved in writing by the Agency's Contract Administrator in advance of assigning work to a substitute subconsultant. 2. Disadvantaged Business Enterprise (DBE) Participation A. This Contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. If the contract has a DBE goal, the Consultant must meet the goal by committing DBE participation or document a good faith effort to meet the goal. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. A DBE is a firm meeting the definition of a DBE as specified in 49 CFR. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the local agency deems appropriate. D. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. E. A DBE may be terminated only with prior written approval from the local agency and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting local agency consent for the termination, the prime consultant must meet the procedural requirements specified in 49 CFR 26.53(f). Page 1 of 3 LPP 13-01 May S, 2013 Local Assistance Procedures Manual EXHBIT 10-3 Standard Contract Provisions for Subconsultant/DBE Participation 3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Contract is commensurate with the work it is actually performing; and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. if a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of the Contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 4. Prompt Payment of Funds Withheld to Subconsultants A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C, or D below; delete the other two.) B. No retainage will be withheld by the Agency from progress payments due the prime Consultant. Retainage by the prime Consultant or subconsultants is prohibited, and no retainage will be held by the prime Consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime Consultants and subconsultants. C. No retainage will be held by the Agency from progress payments due the prime Consultant. Any retainage held by the prime Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsuitant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime Consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. Page 2 of 3 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-J Standard Contract Provisions for Subconsultant/DBE Participation D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or Noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. 5. DBE Records A. The Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding, dollar value of the work. B. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subconsultants" is submitted to the Contract Administrator. 6. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Contract, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Administrator within 30 days. Page 3 of 3 LPP 13-01 May 8, 2013 This Agreement template is for informational purposes only and is intended for use as an example to vendors showing the City's requirements. When making a request, please submit on11' the Re west arm, above, and supporthig documents. PROFESSIONAL SERVICES AGREEMENT FOR THIS AGREEMENT is made and entered into this day of 2007 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform below; and as described herein 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 specific services in connection with the project described below (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 California Government Code, Sections 1090-1092, 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 incorporated herein by reference and Consultant's Response to City's RFP (the "Response"). A copy of said Response is attached hereto as Exhibit `B" and 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. Warraniy. 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. 1.4. Noii-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. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 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. 1.6. Deloation aml 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. 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 compensation shall in no case exceed Dollars ($ .00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response 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 City's Project Manager for approval on a progress basis, but no more often than monthly. 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 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. Coniimncement 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 (X) year, ending on , 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. Coiiinensation. 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 as to 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, 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 and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) 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 and aggregate. (c) Workers' compensation insurance as required by the State of California. (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. 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 comprehensive general liability insurance 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, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." 5.3. 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. 5.4. 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 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 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 "C" 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' tees: 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 hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless: Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 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 secure, at his 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. 6.11. 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. 6.12. Public Records Act Disclosure: Consultant has been advised and is aware that 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, 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. 6.13. 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. 6.14. Prohibited Employment: Consultant will not employ any regular employee of City while this Agreement is in effect. 6.15. 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 the RFP or the Response, 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 both the Response and the RFP and the Response shall govern over the RFP. 6.16. 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. 6.17. No Third PaLly 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. 6.18. 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. 6.19. 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. 6.20. Amendments: Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.21. 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. 6.22. Severzbi i tyi ty: 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 as 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. 6.23. 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. 6.24. 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 of the City of Costa Mesa 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 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; 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: 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 i 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. ACUM CERTIFICATE OF LIABILITY INSURANCE1 DATE(MWDDIM 3125/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TYPE OF INSURANCE HOLDER. THIS CERTIFICATE -DOES NOT AMEND, EXTEND OR S&IMMIMM ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA: Travglgrg IndemnityCo. of CoIlnecticut INBURERB: O erty - -Casual ty Coof Ameri 8 / 15 / 2 010 INSURER C: Li a Underwriters. ters INSURERD:Travelers CasuaLty Iris. Co of America FIRE DAMAGE one Ire $ INSURER E: !'!'1VCp6[L1CC 17HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 40TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE BERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BMW REDUCED BY PAID CLAIMS. I SR TYPE OF INSURANCE POLICY NUMBER S&IMMIMM POL CY &=N LIMBS GENERAL LIABILITY 8/15/2009 8 / 15 / 2 010 EACH OCCURRENCE $l 0 000 FIRE DAMAGE one Ire $ COMMERCIAL GENERAL LIABILITY MED EXP (ft are S 0 000 CLAIMS MADE FLI OCCUR PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEITL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $2.000,000 POLICY P LOC A AUTOINOBILELIABILITY ANY AUTO 8/15/2009 8/15/2010 COMBINdEDentSINGLE LIMIT S1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pereco)denl) $ HIRED ALTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Paracoldent) _ + + "RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY ALTO AUTO ONLY: AGG S -0 6XCE86 LIABILITY I EACH OCCURRENCE $ OCCUR Q CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ $ RETENTION D WORKERB COMPENSAVON AND 9/1/2009 9/1/2010 EMPLOYERS! LIABILITY E.L. EACH ACCIDENT 1$110001000 E.L. DISEASE - EA EMPLO $1, 000 E,L. DISEASE - POLICY LIMIT C OTHER Professional Liability 3/25/2010 3/25/2011 $1,000,000 per claim $2,000,000 annual aggr DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLEBIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS MAR 2 4 2010 a RISK MGMT. City of Costa Mesa 77 Fair Dr. Costa Mesa CA 92626 ACORD 2" (7197) D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TO THE LEFT. AUTHORIZED 1988 POLICY NUMBER: COMMERCIAL GENERAL LUIBILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 10 11 85 Copyright Insurance Services Ofrme. Inc. 1994 Page 1 of 1 0 �a1e>k POLICY NUMBER: _. COMMERCIAL GENERAL LIABILITY ECG 24 514 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section M is amended by the addition of the following: If insurance almilar to this Insurance Is held by a person or organization that Is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations, this insurance Is primary to that other Insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not apply to any person or organization: a. From whom you did not receive a specific written request that this Insurance be primary Insurance, or if you did not receive that request prior to the date that your operations for that person or organization commenced; or b. For whom a certificate of insurance evidencing. that request Is not on file with, or rece ved by, us prior to sixty days after the end of the policy period for this insurance. ECG 24 614 05 00 Copyright, Everest Reinsurance Company 2000 Includes copyrighted material of Insurance Services Office, Inc. used with Its permission Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 EXHIBIT B CONSULTANT'S PROPOSAL City of Costa Mesa Median and Landscape Improvements on Harbor Boulevard WWORK 1,PLAN The CivilSource Project Management Team has the size, depth, and experience to be able to commit the necessary personnel to meet your schedules and deadlines. We are represented by highly experienced civil engineering professionals who have proven track records managing the design of City projects. We will provide all of the tasks listed in the RFP including but not limited to: Phase I Topographic Surveil Field ConditionAs�ssesrrten Preliminary. n & Resident Neetinas TASK 1. KICK-OFF MEETING Following the notice to proceed, CivilSource will schedule and attend a Kick -Off Meeting with City Staff to initiate the project; establish lines of communication; review and refine, if needed, the project scope of work and schedule; establish design guidelines; discuss project parameters and constraints; and obtain background information. TASK 2. DATA COLLECTION AND REVIEW CivilSource will research City and utility company records to obtain all available as -built improvement plans and record drawings, water and sewer atlas maps, drainage master plan, parcel maps, right-of-way data, address/business lists, reports, conceptual plans, neighborhood concerns, and any other information pertinent to the project. Collection of data will also include contact and coordination with other City departments, and public and private agencies regarding any planned projects in the vicinity of this project and obtain their records and requirements. We understand that it will be our responsibility to verify the accuracy of the information provided by the City. TASK 3. FIELD SURVEY A. A minimum of three field walks will be scheduled with City staff to ensure detailed depiction of existing conditions and work requirements on the plans and specifications. The limits of the work will be determined during the field walks in accordance with City standards and direction. Field reviews of the entire project with City representatives will be performed at the beginning of the Project, after the first and second plan check. CivilSource believes that clear and concise plans and specifications are arrived from a total understanding of the existing conditions, properties and environment of the project. Consequently, having as many field walks as are required to ensure a proper design is strongly encouraged. B. Perform topographic survey extending through the project area to establish horizontal and vertical controls at 25' intervals. Establish existing and proposed controls including centerline, street geometrics, and right-of-way throughout project limits. Reference elevations to the closest and latest Orange County Benchmark (DCBM). C. Plot the detailed survey notes and electronic mapping files at 40 scale using CAD on 24" x 36" sheets identifying all existing conditions. Physical features will include BCR, ECR, flow -lines, centerlines, angle points, top of curb, spandrels, pavement striping, utilities, structures, walls, trees, underground and surface utilities, poles, hydrants, catch basins, signs, valves, manholes, and all other physical features. City of Costa Mesa TASK 4. COMPREHENSIVE UTILITY RESEARCH AND COORDINATION This task is an important component of our scope. Our goal is to accurately identify all utilities within the limits of the project, assess any impacts to these facilities, and to coordinate utility purveyor's involvement in this project. We understand that this task requires that we proactively research the utility plans, locating all utilities within the project limits. This task includes maintaining close coordination with all utility purveyors so that they are aware of the City's design and construction schedule. All tasks will comply with the City -adopted "Utility Coordination Procedures." Median and landscape Improvements on Harbor Boulevard A. Research and establish precise location of all utilities and utility easements. Utility coordination on the project will be ongoing and will generally consist of the following sub tasks: 1) Access the Underground Service Alert's website and compile a list of member agencies that own facilities within the project limits. We have identified the following utilities in the project area: ✓ AT&T ✓ City of Costa Mesa ✓ Costa Mesa Sanitary District ✓ Mesa Consolidated Water District ✓ Orange County Sanitation District ✓ Southern California Gas ✓ Southern California Edison ✓ Sunesys, LLC ✓ Time Warner Cable ✓ Verizon/MCI 2) Augment and/or refine the above list based on available information at the City Records Department and from field investigation. 3) Notify each utility purveyor, in writing, of the City's proposed plans and schedule and request copies of record drawings or atlas maps of existing and proposed facilities within the project boundary. 4) Utilities shown on the record drawings will be surface verified, and added to the base map, along with the most recent easement lines shown for each facility. 5) Identify interfaces between existing facilities and future project construction. 6) Consult with the service planners and others as necessary within each utility company to resolve any conflicts. 7) Keep City staff informed on all discussions with utility companies via written meeting minutes or records of telephone conversation. 8) Prepare a Utility Notification Log to track utility company contacts and responses including contact information and dates of all outgoing and incoming correspondence. 9) With prior approval from the City, the CivilSource Team will provide copies of the plans to the utility purveyors to facilitate planning future modifications. Plans will be provided to utility companies at 85% and 100% for review and comment. 10) If applicable, send final notice to each affected utility company to complete relocations prior to the anticipated construction start date. TASK 5. PRELIMINARY DESIGN city of costa Mesa Median and Landscape Improvements on Harbor Boulevard , Preliminary design work includes the preparation of preliminary plans for the construction of median and parkway improvements. The preparation of cost estimates will be included. We will submit preliminary documents for the project as follows: A. A 40 -scale Base Plan for the Project will be prepared based on the topographic surveys and our utility research for the Project. B. The Base Plan will clearly identify Right of Way and any other physical constraints for the implementation of the proposed raised median and parkway landscaping improvements. C. We will conduct a traffic analysis and will provide configurations of the raised median improvements and recommend the most effective measures. D. We will develop schematic landscape plan for the proposed median and parkway improvements in accordance with the City's Streetscape and Median Development Standards. E. CivilSource will provide the City with color renderings (hard copy and PDF) of plating plan and palette for median and parkway areas. F. CivilSource will evaluate the impacts of the construction of these measures on drainage, utility impacts, signing and striping, etc. and will discuss the pros and cons of each of these considerations. This will help the City select the best alternative and contribute to the preparation of Environmental Documents. G. CivilSource will meet with the City and prepare 30% Design drawings to be approved by the City of Costa Mesa before proceeding with the preparation of Final PS&E. H. CivilSource will prepare a preliminary Cost Estimate of all proposed improvements. TASK 6. COMMUNITY OUTREACH CivilSource will perform community outreach during the design process under the City's direction. For the purposes of this proposal, we are assuming three community outreach meetings and a City Council presentation. We will plan, prepare, and conduct these meetings based on discussions with the City. !'€i(v,f' 11— Environmen ta[ Staff We will follow a step-by-step procedure as identified in the Caltrans Local Assistance Procedures Manual (LAPM) to complete the Preliminary Environmental Study (PES) Form and ensure a complete and sufficient submittal to Caltrans. The tasks will include: 6 Review relevant literature maps and inventories and draft correspondence letters requesting information from resource and regulatory agencies to aid in determining any potential "a environmental effects including noise impacts, air quality, hazardous materials/waste, water quality/resources, biological resources, historical properties, archeological resources, etc. All research and correspondence will be thoroughly documented to show how the mandate of federal law has been met, • Prepare the Preliminary Environmental Studies (PES) Form for NEPA documentation. • Coordinate submittal, review and approval of PES form with Caltrans District Local Assistance Office. • Provide responses to review comments, if any, from Caltrans District Local Assistance Office and Environmental Agencies. City of Costa Mesa Median and Landscape Improvements on Harbor Boulevard We do not anticipate any required technical studies based on the current scope of work for this project. However, Caltrans will make a final determination on whether or not further technical studies are needed. Cost for technical studies such as Initial Site Assessment (ISA), Biology report, Section 4(f) report, and Site Investigation (SI) report is not included in this proposal. Based on our initial review of the proposed improvements, it is unlikely that an ADL survey will be required. This is because Harbor Boulevard does not have unpaved shoulders or unpaved medians. However, if required Willdan Geotechnical will be able to provide such services e1 w4 1l1-- Pleb$ 5 edfications and Estimates This phase of the Project will consist of the preparation of PS&E for the construction of the Project. During this phase CivilSource is expected to meet with City staff twice a month to discuss the various design elements of the project. Our objective will be to provide construction documents that are accurate, clear, and complete. We anticipate providing plan sheets that clearly depict the construction of the proposed improvements and that identify all utilities that would need to be adjusted or relocated with this project. TASK 1. CONSRUCTION PLANS Construction plans will include at a minimum: A project Title sheet will be prepared in accordance with the City standards and will provide general notes, project vicinity map and sheet index. CivilSource will prepare Detail Sheets to provide construction details of the proposed raised median and parkway improvements, and other design elements. Typical sections will also be included in this sheet. ■ Median & Parkway Improvement Plans - All plan and profile sheets will be prepared at a scale of 1"=20' horizontal and 1"=2' vertical on standard 24" x 36" mylar. Plan and Profile will be required for the existing and proposed elevations. Plans will include all relevant existing improvements such as surrey monuments, utilities, curb, gutter, sidewalks, driveways, ramps, etc. Our plans will clearly identify existing improvements and identify properties along the project. CivilSource will provide stations for all existing and proposed structures, project limits, and dimensions of reconstruction areas as applicable. CivilSource will clearly identify all utilities that need to be adjusted to grade or relocated on the plans and provide all appropriate coordination with the utility purveyor. The plans will clearly define the limits of pavement removals, the exact location and configuration of the proposed median and parkway improvements, including planting plan, planting details and plant schedules, irrigation plans and installation details. • Signing and Striping Plans - CivilSource will include the necessary signing and striping required for implementation of the raised median improvements. All signing and striping plans will be in accordance with the California Manual on Uniform Traffic control Devices (CA MUTCD) and City standards. • Traffic Control Plans - Traffic control plans will provide continuous driveway and pedestrian access at all times during the construction phase of the project. Traffic control plans will identify each construction stage and sequence, provide adequate details on alternate detour routes, and will be developed to minimize impacts to businesses and residents. We understand that the City desires that all travel lanes remain open during daytime hours. • Cross Sections - CivilSource will use the cross sections from our field surveys and superimpose the proposed improvements to clearly show how we join existing improvements. The cross sections will be prepared at 50' intervals and will indicate cross falls and elevations at critical points. cross sections will be submitted with the first plan check. `.IrjlolllGf i': J City of Costa Mesa Median and Landscape Improvements on Harbor Boulevard CivilSource will submit plans at 30%, 8591 , and 100% levels of completion prior to submitting the Final Bid Package. We anticipate a 30% submittal that will clearly define the scope of all proposed improvements including the limits of removals and the raised median configuration. We would recommend conducting a field walk with City staff at this stage of design and as part of the City review process. Once the 30% submittal is reviewed with the City, we will incorporate City comments and proceed with the final PS&E design of the plans. Deliverables to the City will include: O 85% Plans (2 bond copies and PDF files) d 100% Plans (2 bond copies and PDF files) TASK 2. TECHNICAL SPECIFICATIONS AND SPECIAL PROVISIONS A. The specifications are one of the most important components of the bid package. Providing complete specifications that are carefully and thoughtfully prepared will reduce problems during construction. Our team of engineers will ensure careful planning and coordination between all team members. Specifications will be based on the City of Costa Mesa standard "boiler plate". B. CivilSource will prepare the project specifications with the Funding Source in mind and include all information, language, and forms to comply with the funding requirements. Deliverables to the City will include: 85% Specifications (2 hard copies and PDF file) 100% Specifications (2 hard copies and PDF file) TASK 3. ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS A. Quantity calculations are an important component of a project since they are used as the basis for contract payment. The CivilSource Team has a highly structured system for calculating and checking quantities and realizes the importance of this process. This system also ensures that the calculations are well organized and will be verifiable by the field personnel during construction. B. Construction cost estimates will be prepared using Microsoft Excel. All quantity calculations and pertinent backup calculations required to support the project estimate will be bound and submitted to the City for review. A construction cost estimate will be submitted with each project submittal to the City for review and comments. Deliverables to the City will include: 85% Project Cost Estimate (2 hard copies and PDF file) ■ 100% Project Cost Estimate (2 hard copies and PDF file) City of Costa Mesa Median and Landscape Improvements on Harbor Boulevard TASK 4. HYDROLOGIC/HYDRAULIC REPORT We will analyze hydrologic/hydraulic conditions; develop details for standard longitudinal and cross fall drainage, and document findings and design calculations, TASK S. WATER POLLUTION CONTROL PLAN CivilSource will prepare a Water Pollution Control Plan using the latest/most recent City and State standards. TASK 6. RESIDENT ENGINEER FILES We will prepare and submit two (2) Resident Engineer files, containing at a minimum, final construction quantities and cost estimates with background calculation work sheets; soil and hydrology reports; survey data; Caltrans permit material; and relative information. City of Costa Mesa Median and Landscape Improvements on Harbor Boulevard Jr'h(ise /I/ -- Caltrans Coyystrrrotion Aistborizcytivey Forms TASK 1. REQUEST FOR AUTHORIZATION We will prepare a "Request for Authorization to Proceed with Construction" (E76) package for submittal to the Caltrans District Local Assistance Office. The tasks for each project will include: A. Review the completed PS&E package for compliance with project funding federal -aid guidelines. B. Prepare the "Request for Authorization to Proceed with Construction" package in accordance with Caltrans' Local Assistance Procedures Manual (LAPM) which will include, at a minimum, preparation of the following: ✓ Request for Authorization to Proceed ✓ Request for Authorization to Proceed Data Sheet(s) ✓ Field Review Form ✓ Right -of -Way Certification Form ✓ Finance Letter ✓ Detail Estimate and Detail Estimate Summary ✓ PS&E Certification ✓ PS&E Checklist ✓ All required support documentation C. Collect the Approved NEPA document, Engineer's Estimate, PS&E Package for submittal with the E76 package for obligation of funds. D. Coordinate review and approval of obligation of project grant funds with Caltrans District Local Assistance Office as required. E. Coordinate and meet with City as required. TASK 2. PROJECT MEETINGS A. CivilSource will meet with City Staff regularly and remain in constant communication to ensure successful and timely delivery of the project. Meeting agendas will be distributed at least two working days before each meeting. Meeting minutes will be distributed within three working days of the meeting identifying action items, assignments and due dates. Utilizing this technique will ensure consistency in decisions, and will provide a concise list of tasks to be accomplished by each participant and a specific time schedule to complete the task. B. Senior staff will meet with assigned project personnel regularly and remain in constant communication to ensure successful and timely delivery of the project. Utilizing this technique will guarantee adequate technical support, thorough review and analysis of project issues, consistency in decisions and recommendations, and will provide a concise list of tasks to be accomplished by each team member and a specific time schedule to complete the task. This constant communication, in conjunction with in-person meetings, allows our staff to meet project milestones. 3 0 m 0 C 0 r. m CL E CLW 3 'O N J' M C 10 C A W W J W IA o 41 N ;t� : a � �C � a -� •S � � --' � °� �� s 'n a- �•- n �w r . � h d � 8 ii 77 City of Costa Mesa Median and Landscape Improvements on Harbor Boulevard ORGANIZATION CHART CivilSource provides an in-house multi -disciplinary staff of professionals who are recognized specialists in their areas of expertise. The staff members have superb technical training and academic backgrounds. CivilSource has adequate personnel available to execute the project as requested by the City, and key staff members will be committed for the duration of the project assignment. In addition to the key personnel shown, CivilSource has support personnel available to assist the project, as necessary. The organization chart below shows the key members of the Project Team and their respective positions. See Appendix for Resumes. CITY OF COSTA MESA _J PROJECT DIRECTOR & QA/QC Amy Amirani, PE, QSP/QSD l - - PROJECT MANAGER j David Niknafs, PE F CIVIL ENGINEERING Safa Kamangar, PE, QSP/QSD Steve Schapel Art Biscocho Bao Phan COMMUNITY OUTREACH Amy Amirani, PE, QSP/QSD ENVIRONMENTAL OVERSIGHT CALTRANS COORDINATION Souri Amirani Laila Tehrani I SUBCONSULTANTS Surveying On Point Land Surveying, Inc. Landscaping & Irrigation Asakura Robinson Company, LLC. Traffic Studies Iteris, Inc. Optional Service Willdan Geotechnical EXHIBIT C FEE SCHEDULE E. d 7 0 m O a m x S d CL d ti A W N N Q r C oJ o ad LL C 02 V 0 d) V rn C d c C W a H T I O= IZ 3 Qj O yy m 3 N m M J U m Q�� � ♦i D Iq x � rc� M N O F u N � x Z O U 7 o o rc � O O u a M � � aryrc N ui W y � w yYy� S'li x a F g n_ a w W j� w w w cull O Y ✓do f z w o EXHIBIT D CERTIFICATES OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE 9i28i2o�5 D,YYYY, 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(les) 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 Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 CONTACT NAME: Sandy Peters PHONE FAX ------ ,[A<e„No_�. 626 844-3070 C yNo}; 626 844-3074 E-MAIL geter3demerentOn.GOm -- ADDRESS: p @ y INSURERS AFFORDING COVERAGE NAIC # License #0020739 INSLRERA.Travelers Indemnity Co. of Connecti :25682 INSURER B. Travelers Property Casualty Co of :25674 INSURED CIVILSOUR CivilSource, Inc. INSURER c: Travelers Casualt &Suret Co ofAme 31194 9890 Irvine Center Drive Irvine, CA 92618 INSURER D: DRAMMA E EDagJLF $1000,000 949 585-0477 INSURER E: INSURERF' Contractual Liab r -OVERAGES CERTIFICATE NUMBER: 851017984 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, INSR TYPE OF INSURANCE L 5[J POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DDIYYYY (MMIDD A X COMMERCIAL GENERAL LIABILITY Y Y 680281 OL758 7/20/2015 7/20/2016 EACH OCCURRENCE $2,000,000 CLAIMS -MADE ❑X OCCUR DRAMMA E EDagJLF $1000,000 MED EXP (Any one person) $10,000 X Contractual Liab PERSONAL&ADV INJURY $2,000,000 X XCU Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY EX JEC F7 LOC PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y BA45921_377 7/20/2015 7I20I2016 (Ea dent $1,000,000 BODILY INJURY (Per person) $ ANY AUTO AUTOS NED SCHEDULED UTOS BODILY INJURY (Per accident) $ IX X NON -OWNED' HIRED AUTOS AUTOS Peraccedent $ B X UMBRELLA LIAB X OCCUR Y Y CUP6772Y251 7/20/2015 7/20/2016 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE y U66771Y518 7/20/2015 7/20/2016 X PER H- TA TE E.L. EACH ACCIDENT _ $1,000,000 OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $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 105968526 7/20/2015 7/20/2016 '$2,000,000 Per Claim Claims Made $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be akached If more space is required) *General Liability policy excludes claims arising out of the performance of professional services.* **Umbrella policy is a follow -form to underlying General Liability/Hired&Non-Owned Auto Liability/Employers Liability.** Re: Design & Environmental Services for Median & Landscape Improvements on Harbor Blvd. -- City of Costa Mesa, its elected and appointed boards, officers and employees are named as additional insured as respects general and hired/non-owned auto liability for claims arising from the operations of the named insured as required per written contract. Insurance coverage includes waiver of subrogation per the attached endorsement(s). L;EH I IFIUA I E fiULU1zX t;ANQI=LLA 1 IUN 3u way I u Way ror imunray of rrem City of Costa Mesa Attn: Pritam Deshmukh 77 Fair Drive, 4th Floor Costa Mesa CA 92628 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU= Rt7_E:D REPRE TATWE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680281OL758 COMMERICAL GENERAL LIABILITY ISSUE DATE: 9/28/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Costa Mesa Attn: Pritam Deshmukh 77 Fair Drive, 4th Floor Costa Mesa CA 92628 PROJECT/LOCATION OF COVERED OPERATIONS: Re: Design & Environmental Services for Median & Landscape Improvements on Harbor Blvd. -- City of Costa Mesa, its elected and appointed boards, officers and employees PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", '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 oper- ations; 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 person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". 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 Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF 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, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage 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 additional 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; after you have entered into that 'contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a 'contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal 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 under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" 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. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY #: BA4592L377 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 9/28/2015 Countersigned By: Named Insured: .A�. CivilSource, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Re: Design & Environmental Services for Median & Landscape Improvements on Harbor Blvd. -- City of Costa Mesa, its elected and appointed boards, officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 TRAVELERS] WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: uB6771Y518 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Costa Mesa Re: Design & Environmental Services for Attn: Pritam Deshmukh Median & Landscape Improvements on Harbor 77 Fair Drive, 4th Floor Blvd. -- City of Costa Mesa, -its Costa Mesa CA 92628 elected and appointed boards, officers and employees DATE OF ISSUE: 9/28/2015 ST ASSIGN: CA 017106 EXHIBIT E 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; 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; 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. DLA -OB 12-05 - Attachment 1 - LAPM Exhibit 12-E, Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. B. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 16 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (htlg ;fiwwsu.etils.g_m , which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httns/lwww epls.govl), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Female and Minority Goals To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000. The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: Minority Utilization Goals Economic Area Goal (Percent) 174 Redding CA: Non -SMSA Counties: 6.8 CA Lassen: CA Modoc: CA Plumas; CA Shasta; CA Siski ou; CA Tehema 175 Eureka, CA Non -SMSA Counties: 6.6 CA Del Norte: CA Humboldt; CA Trinity 176 San Francisco -Oakland -San Jose, CA: SMSA Counties: 7120 Salinas -Seaside -Monterey, CA 28.9 CA Monterey 7360 San Francisco -Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 19.6 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo -Fairfield -Napa, CA CA Napa; CA Solano 17.1 Non -SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 CA Placer; CA Sacramento; CA Yolo Non -SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 178 Stockton -Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non -SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mari osa; CA Merced; CA Toulumne 179 Fresno -Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA 19.1 CA Kern 2840 Fresno, CA 26.1 CA Fresno Non -SMSA Counties: 23.6 For each July during which work is performed under the contract, you and each non -material -supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR -1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. Training This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their I st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City/County of 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County of is approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 14 CA Kings; CA Madera_, CA Tulare 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden Grove, CA 11.9 CA Orange 4480 Los Angeles -Long Beach, CA 28.3 CA Los Angeles 6000 Oxnard -Simi Valley -Ventura, CA 21.5 CA Ventura 6780 Riverside -San Bernardino -Ontario, CA 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7 CA Santa Barbara Non -SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo 181 San Diego, CA: SMSA Counties 7320 San Diego, CA 169 CA San Diego Non -SMSA Counties 18.2 CA Imperial For each July during which work is performed under the contract, you and each non -material -supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR -1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. Training This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their I st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City/County of 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County of is approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 14 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met: 1. It is calculated to: 1.1. Meet the your equal employment opportunity responsibilities 1.2. Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training and it is administered in a way consistent with the equal employment responsibilities of federal -aid highway construction contracts Obtain the State's approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts, not in clerk -typist or secretarial -type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City/County of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a federal -aid project and you do at least one of the following: 2.1. Contribute to the cost of the training 2.2. Provide the instruction to the apprentice or trainee 2.3. Pay the apprentice's or trainee's wages during the off-site training period 3. If you comply with this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting your performance under this section. 15 Cl T Y COUNCIL A GENDA REPORT MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: CC -7 SUBJECT: RESOLUTION FOR COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM APPLICATIONS DATE: OCTOBER 8, 2015 FROM: PUBLIC SERVICES DEPARTMENT/TRANSPORTATION SERVICES DIVISION PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR BY: FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES MANAGER - (714) 754-5032 RECOMMENDATION: Adopt a resolution approving the submittal of grant applications for transportation improvement projects under the Orange County Transportation Authority's (OCTA) Comprehensive Transportation Funding Program (CTFP) for Fiscal Years 2016-17 through 2018-19 (Attachment 1). BACKGROUND: In November 1990, Orange County voters approved Measure "M", a 20 -year, half -cent local sales tax to fund transportation improvements countywide. All major transportation improvement projects and programs included in the original Measure "M" have been completed. The City of Costa Mesa has successfully secured approximately $80 million in revenues under the Measure "M" Comprehensive Transportation Funding (CTFP) and Turnback Programs. In November 2006, the Orange County voters passed the Renewed Measure "M" Program (M2), extending the half -cent sales tax for the next 30 years, beginning in the year 2011. Revenues from this extended sales tax are proposed to fund a wide range of improvements in Orange County, including freeway, arterial, and transit systems. In September 2011, the OCTA Board of Directors approved guidelines for the CTFP Program and subsequently authorized the annual "Call for Projects" under the "M2" Program. Since 2011, the City of Costa Mesa has successfully secured approximately $8.5 million in revenues under the Renewed Measure "M" Program (M2) CTFP. The "2016 Call for Projects" was issued for the Regional Capacity Program (RCP) providing approximately $38 million for roadway improvements across Orange County, and an allocation of $12 million for traffic signal system projects through the Regional Traffic Signal Synchronization Program (RTSSP). ANALYSIS: OCTA has developed several regional competitive programs under the CTFP. With the current "Call for Projects," only projects under the RCP and RTSSP are eligible for funding at this time. Cities can compete and receive up to 75 percent funding for various transportation projects in the RCP category, which includes improvements in the following areas: Arterial Capacity Enhancements (ACE) — This is for improvements on arterials throughout the Master Plan of Arterial Highways (MPAH); 2. Intersection Capacity Enhancements (ICE) — This category provides funding for operational and capacity improvements at intersecting MPAH roadways; and 3. Freeway Arterial/Streets Transition (FAST) — This focuses on improvements at freeway interchanges. A total of $38 million is available for the above components of the RCP for projects to be implemented in Fiscal Years 2016-17 through 2018-19. A total of $12 million has been allocated Countywide within the RTSSP for this "Call for Projects." The RTSSP funds up to 80 percent of project costs. The projects submitted will need to meet certain minimum requirements to be eligible for Measure "M" grants. While the City has met all these eligibility requirements, OCTA requires approval of the attached resolution prior to any consideration of City applications. The submittal of applications in response to this "2016 Call for Projects" will not be deemed complete and final until an adopted resolution is submitted to OCTA. Proposed projects for which funding applications were submitted are listed in the attached resolution (Attachment 1 — Exhibit A) and are briefly described in Attachment 2. The resolution authorizes the Public Services Director or designee to submit the grant applications and manage the projects that receive grant funding. ALTERNATIVES CONSIDERED: One alternative considered is to not adopt the resolution. This alternative would result in the City's project applications being declined and rendering the City ineligible to compete for available grant funding. FISCAL REVIEW: If staff is successful in capturing grant dollars under these programs, a recommendation will be made to City Council relative to a funding source for any required a local match. Available sources include the Traffic Impact Fee account and the Air Quality Management District (AQMD) AB2766 funds. Traffic Impact Fees typically generate approximately $150,000 in revenues per year and the City receives approximately $100,000 annually in revenue from AQMD. Both of these funding sources are eligible as local match funds under the CTFP guidelines. If the City is successful in capturing CTFP grant funding, the projects are typically implemented within a two-year to three-year period. This would allow for the City to adequately budget any required matching funds. FA LEGAL REVIEW: The City Attorney has reviewed and approved the resolution as to form. CONCLUSION: The current Countywide "2016 Call for Projects" provides an opportunity for the City to compete for grant funding for implementation of certain transportation projects under the Renewed Measure "M" Program (M2). Staff recommends that the City Council adopt the attached Resolution for OCTA's consideration of project applications under the Comprehensive Transportation Funding Program. ERNESTO MUNOZ Public Services Director ATTACHMENTS: 1 - CTFP Resolution 2 - Proposed Projects RAJA SETHURAMAN Transportation Services Manager DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Staff File 3 ATTACHMENT 1 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM, REGIONAL CAPACITY PROGRAM PROJECT O, AND REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM, PROJECT P. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: WHEREAS, the City of Costa Mesa desires to implement the transportation improvements listed in Exhibit A; and WHEREAS, the City of Costa Mesa has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "turnback" funds and revenues as part of Measure M2; and WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions; and WHEREAS, the City of Costa Mesa will enter into a cooperative agreement for the project funding and implementation responsibilities if required by project location, and WHEREAS, the City of Costa Mesa will provide matching funds for each project as required by the Orange County Comprehensive Transportation Program Procedures Manual; and WHEREAS, the Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County; and WHEREAS, the City of Costa Mesa will not use Measure M2 funds to supplant Developer Fees or other commitments; and WHEREAS, the City of Costa Mesa will use Arterial Highway Rehabilitation Program funding as a supplement to the existing pavement management program; and WHEREAS, the City of Costas Mesa has a currently adopted Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Program Master Plan as a key component of local agencies' efforts to synchronizing traffic signals across local agencies' boundaries; and WHEREAS, the City of Costa Mesa desires to implement multi -jurisdictional signal synchronization; NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Costa Mesa hereby requests the Orange County Transportation Authority allocate Measure M2 funds in the amounts requested in the City's applications, listed in Exhibit A, to the City from the Comprehensive Transportation Programs and it agrees that said funds shall be matched by City funds as required. BE IT FURTHER RESOLVED, that the City Council of the City of Costa Mesa, California, does hereby authorize the Costa Mesa Public Services Director or designee, to file applications for Renewed Measure M funded Comprehensive Transportation 2 Funding Program, to sign such applications, and to invoice Orange County Transportation Authority for payment of allocated funds as appropriate. PASSED AND ADOPTED this 20th day of October, 2015. ATTEST: Stephen M. Mensinger, Mayor APPROVED AS TO FORM: Brenda Green, City Clerk Thomas L. 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 20th day of October, 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 21St day of October, 2015. (SEAL) BRENDA GREEN, CITY CLERK rd EXHIBIT A PROPOSED PROJECTS FOR CTFP ➢ REGIONAL CAPACITY PROGRAM (RCP) • Fairview Road at Wilson Street Intersection Improvements (Right-of-way) Wilson Street Widening — College Avenue to Fairview Road • Newport Boulevard Widening —19th Street to Superior Avenue ➢ REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (RTSSP) • Anton Boulevard Signal Coordination • Bear Street Signal Coordination • Fair Drive Signal Coordination • Fairview Road Signal Coordination Attachment 2 PROPOSED PROJECTS FOR CTFP • REGIONAL CAPACITY PROGRAM (RCP) Fairview Road at Wilson Street Intersection Widening Right -of -Way: The intent of the proposed project is to acquire the right -of way required to enable construction of improvements that will improve traffic conditions at the Fairview RoadM/ilson Street intersection. These improvements also include ultimate widening of Wilson Street to provide an additional through lane and bike lane in each direction (eastbound and westbound) from Newport Boulevard through the Fairview Road intersection. The project was designed using grant funding secured during previous calls for project under the CTFP program. Funding for right-of-way acquisition is being applied for with this application. Total Project Cost (Right-of-way acquisition) - $520,000 Grant Amount Requested - $390,000 City Match - $130,000 Wilson Street Widening — College Avenue to Fairview Road: The intent of the proposed project is to widen Wilson Street from College Avenue to Fairview Road to Master Plan of Arterial Highways (MPAH) standards. Between College Avenue and Fairview Road, Wilson Street has one lane in each direction with a median two-way left -turn lane and on -street parking on one side. The project will be designed to meet the recommended roadway capacity and geometrics as specified in the OCTA MPAH which includes addition of one through lane and bike lanes in each direction. Funding is requested only for the design phase of the project. Total Project Cost (Design Phase) - $375,000 Grant Amount Requested - $281,250 City Match - $93,750 Newport Boulevard Widening —19th Street to Superior Avenue: The intent of the proposed project is to widen southbound Newport Boulevard from 19th Street to Superior Avenue to address operational deficiencies and accommodate current and projected traffic volumes. Newport Boulevard has four through lanes in each direction divided by a raised median north of 19th Street, four lanes in the northbound direction within the project limits and transitions to three lanes in the southbound direction at Broadway. The fourth southbound through lane becomes a "trap" right -turn lane at Broadway. The project will be designed to add the fourth through lane in the southbound direction from Broadway to Superior Avenue to meet the recommended roadway capacity and geometrics as specified in the OCTA MPAH as well as improve existing operational deficiencies. PROPOSED PROJECTS FOR CTFP Total Project Cost (Design Phase) - $375,000 Grant Amount Requested - $281,250 City Match - $93,750 • REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (RTSSP) Anton Boulevard Signal Coordination: The proposed project would synchronize the traffic signals on Anton Boulevard from Sunflower Avenue in the north through Bristol Street in the south, all in the City of Costa Mesa. The project scope includes signal timing improvements, fiber optic cable interconnection using existing and new conduits, and Closed -Circuit Television cameras (CCTV's). Controllers and cabinet replacements throughout the project corridor are also included. Total Project Cost - $330,490 Grant Amount Requested - $264,392 City Match - $66,098 Bear Street Signal Coordination: The proposed project would synchronize the all traffic signals on Bear Street from Segerstrom Avenue in the City of Santa Ana to Bristol Street in the City of Cota Mesa. The project scope includes signal timing improvements, fiber optic cable interconnection using existing and new conduits, and Closed -Circuit Television cameras (CCTV's). Controllers and cabinet replacements throughout the project corridor are also included. Total Project Cost - $461,065 (Costa Mesa portion) Grant Amount Requested - $368,852 City Match - $92,213 Fair Drive Signal Coordination: The proposed project would synchronize the all traffic signals on Fair Drive from Harbor Boulevard in the City of Costa Mesa to Irvine Avenue in the City of Newport Beach. The project scope includes signal timing improvements, fiber optic cable interconnection using existing and new conduits, and Closed -Circuit Television cameras (CCTV's). Controllers and cabinet replacements throughout the project corridor are also included. Total Project Cost - $436,645 (Costa Mesa portion) Grant Amount Requested - $349,316 City Match - $87,329 PROPOSED PROJECTS FOR CTFP Fairview Road Signal Coordination: The proposed project would synchronize the all traffic signals on Fairview Road from Newport Boulevard in the City of Costa Mesa to Garden Grove Boulevard/SR-22 in the City of Santa Ana. The project scope includes signal timing improvements, replacement of signal cabinets, installation of video detection, and implementation of Emergency Vehicle Preemption system. Installation of battery backup along several location within the project corridor are also included. Total Project Cost - $861,378 (Costa Mesa portion) Grant Amount Requested - $689,102 City Match - $172,276 CITY COUNCIL MEETING MEETING DATE: October 20, 2015 ITEM NUMBER: CC -8 SUBJECT: Budget Adjustment and Acceptance of Grant from Hoag for Medical Transportation Program DATE: October 6, 2015 FROM: Parks and Community Services Department PRESENTATION Travis M. Karlen, Recreation Manager BY: FOR FURTHER INFORMATION Yvette Aguilar, Senior Center CONTACT: Program Administrator at 949-645-2356 RECOMMENDATION Staff recommends that the City Council authorize a budget adjustment in the amount of $100,000 (Attachment 1) to accept a grant from Hoag for the Medical Transportation Program through the Costa Mesa Senior Center. BACKGROUND The City of Costa Mesa currently offers the Medical Transportation Program (MTP) to seniors for transportation to medical appointments and medication pick-up Monday -Friday, excluding weekends and holidays. The MTP was inherited from the corporation which previously operated the Senior Center. When the City assumed responsibility for all operations of the Senior Center, the City maintained this service because it is a vital vehicle in providing health assistance to Costa Mesa residents ages 60 and over. ANALYSIS In July 2015, the Hoag Community Benefits program advised the City they would continue to fund the Medical Transportation Program (MTP) in the amount of $100,000 for the 2015-2016 FY. The grant allows the City to continue to offer this program and covers nearly 95% of the cost to provide this free service to residents. ALTERNATIVES TO CONSIDER: The following are alternatives that the City Council may consider: 1. The City Council could reject the budget adjustment in the amount of $100,000, eliminating the Medical Transportation Program. 1 2. The City Council could reject the budget adjustment in the amount of $100,000 and refer staff to find the funds elsewhere. FISCAL REVIEW: There are no additional costs associated with accepting the grant funds from Hoag. The grant, however, does cover nearly 95% of the cost for providing these services. LEGAL REVIEW: No legal review is required. CONCLUSION: Staff recommends City Council accept the $100,000 grant for the Medical Transportation Program and authorize the budget amendment to continue providing the same level of quality of service. TAMARA S. LETOURNEAU TRAVIS M KARLEN Assistant Chief Executive Officer Recreation Manager Attachment 1: Budget Adjustment Authorization I• Attachment 1 BUDGET ADJUSTMENT AUTHORIZATION Unit CITY Department Parks and Community Services Division Senior Center Serial Number 16-006 Type of Transaction Program Reason for Request: ® Revenue Estimate ® Expenditure Appropriation Decrease ® Estimate Increase ❑ Intra -Departmental Transfer To increase revenue and appropriation by $100,000 for the ❑ Estimate Decrease ❑ Inter -Departmental Transfer Medical Transportation Program, donated by Hoag Hospital, - ❑ Project -To -Project Transfer as approved by the City Council at the October 20, 2015 ® Source ®Appropriation Increase meeting. F1 From Existing Budget Appropriations External Rent 101 ® From Donations, Fees, or Grants E:1 Appropriation Decrease - ❑ From Unappropriated Fund Balance $100,000 Unit Account Name Fund Organization Program Project/Grant Increase Decrease CITY 450300 Donations 101 14300 40231 - $100,000 - CITY 535400 External Rent 101 14300 40231 - $100,000 - CITY - - - - - - - - CITY - - - - CITY - - - - CITY - - - - - - CITY - - - - - CITY - - - - - - CITY - - - - - - - Department Authorization: Department Director Date Recommendation: ® Approval Reasons For Disapproval: Director of Finance ❑ Disapproval Date C.E.O. Action: ® Approved ❑ Disapproved City Manager ❑ Not Required Date Budget Verification: The above information has been reviewed, is complete and accurate, and the appropriations and/or unappropriated funds are sufficient to support the request. ® Yes ❑ No Budget Analyst Date City Council Action: ® Approved ❑ Disapproved ❑ Not Required Date CITY COUNCIL AGENDA REPORT MEETING DATE: October 20, 2015 ITEM NUMBER: CC -9 SUBJECT: ADOPT RESOLUTION 201_- CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY OF COSTA MESA TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE INCORPORATED TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS. DATE: OCTOBER 5, 2015 FROM: OFFICE OF THE CHIEF EXECUTIVE OFFICER PRESENTATION BY: DANIEL K. BAKER, ASSISTANT TO THE CEO FOR FURTHER INFORMATION CONTACT: DAN BAKER (714) 754-5156 RECOMMENDATION: It is recommended that the City Council consider and Adopt Resolution 201_ - consenting to the inclusion of properties within the City's Jurisdiction into the CaliforniaFIRST Program. BACKGROUND: Assembly Bill (AB) 811 which was signed into law on July 21, 2008, and AB 474, effective January 1, 2010, authorize a legislative body to designate an area within which public officials and property owners may enter into voluntary contractual assessments to finance the installation of renewable energy, energy and water efficiency improvements, and electric vehicle charging infrastructure permanently fixed to real property. This legislation gives owners a new way to finance energy-related improvements by offering them the option to add the loan as a line item on their property tax bill. The financing for these improvements is known as PACE, which stands for Property Assessed Clean Energy. In April 2014, the City Council approved the Home Energy Renovation Opportunity (HERO) Program, which is one of several PACE Programs available throughout the state. The Program launched in Costa Mesa in mid 2014 and has been very successful, with 59 residential projects completed to date. Due to the fact that property owners are best served when municipalities allow multiple PACE programs to operate in their jurisdiction, staff is currently recommending approval of the CaliforniaFIRST Program. Although the core service provided by PACE Programs is similar, each has a different approach that may make their business model more or less beneficial to different property owners. Additionally, the interest rates offered by these Programs will vary, making this no different than identifying who provides the lowest interest rates on mortgages, auto loans, or any other loan. PACE programs serve as one more tool in the toolbox for qualifying residents and businesses seeking ways to intelligently improve their energy efficiency and set up future cost savings. ANALYSIS: The CaliforniaFIRST Program has been established by California Communities, a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. The program is currently operating in 37 counties and 312 cities throughout the state. Orange County cities offering the Program at this time are: Aliso Viejo, Anaheim, Newport Beach, San Clemente, Santa Ana, Brea, Laguna Beach, Westminster, and Mission Viejo. In order to offer the program to commercial and residential property owners, jurisdictions only need to adopt the form of resolution accompanying this staff report. Staff will then promote the program on the City's website. If a property owner chooses to participate, the installed improvements will be financed through the issuance of bonds by California Communities. The bonds are secured by a voluntary contractual assessment levied on such owner's property. Costa Mesa's inclusion in the CaliforniaFIRST Program will enable the City to leverage resources from other sources to help residents with energy efficiency, and the City will not need to issue its own bonds. Participation in the program is 100% voluntary. Property owners who wish to participate agree to repay the amount borrowed through an assessment on their property taxes. Just as in conventional assessment financing, the City is not obligated to repay the bonds or to pay any delinquent assessments levied on the participating properties. The City is able to withdraw from the CaliforniaFIRST Program at any time by passing a resolution rescinding the authorization. Benefits to the property owner include: -Eligibility: In today's economic environment, many property owners do not have financing options available that would provide funding for improvements that lower their utility bills. -Savings: Energy prices continue to rise and energy efficient, water efficient and renewable energy improvements reduce utility bills. 100% voluntary: Property owners can choose to participate in the program at their discretion. Improvements and properties must meet eligibility criteria in order to qualify for financing. -Payment obligation stays with the property: A voluntary contractual assessment stays with the property upon transfer of ownership. Certain residential conforming mortgage providers will, however, require the assessment be paid off at the time the property is refinanced or sold. -Prepayment option: The property owner can choose to pay off the assessment at any time, subject to applicable prepayment penalties. The amount of the penalty decreases with each passing year. There is no prepayment penalty if paid off in years 6 — 20 of the loan. -Customer-oriented program: Part of the success of the program is the prompt customer service. Committed funding partners provide funding to contractors promptly upon project completion. Benefits to the City include: -Financing options for energy -efficiency upgrades for residents. Increase in local jobs -Increase in property values (energy-efficient homes and buildings are worth more money) -Lower greenhouse gas emissions consistent with AB 32 goals and City's Sustainability Plan -Regional/statewide programs provide for economies of scale. Assessment administration, bond issuance, and bond administration functions will be handled by CaliforniaFIRST. By leveraging the already successful CaliforniaFIRST Program, the City can offer financing to property owners more quickly, easily and much less inexpensively than with the establishment of a new local program. Considering the fact that PACE financing is in a higher position as a tax lien, Fannie Mae and Freddie Mac will not provide loans where a CaliforniaFIRST assessment exists. Disclosure of this fact is provided to property owners who have a Fannie or Freddie loan and who wish to participate in the program. Those property owners must sign a waiver acknowledging that they are aware of the possibility that they may have to repay the loan if they refinance or sell their home. In the case of homes that are fully paid off or which have loans not backed by Fannie or Freddie, the PACE lien would stay with the property when sold, and the obligation would be assumed by the new owner. FISCAL IMPACT: No impact to the City's General Fund will be incurred by consenting to the inclusion of properties within the City limits in the CaliforniaFIRST Program. All program administrative costs are covered through an initial administrative fee included in the property owner's voluntary contractual assessment and an annual administrative fee which is also collected on the property owner's tax bill. CONCLUSION: California law authorizes property owners to enter into voluntary contractual assessments to finance permanently fixed renewable energy, energy and water efficiency improvements, and electric vehicle charging infrastructure on their properties. The financing for these improvements is known as PACE, which stands for Property Assessed Clean Energy. Staff is recommending that Council adopt a resolution consenting to the inclusion of properties within Costa Mesa's jurisdiction in the CaliforniaFIRST PACE Program. Property owners who wish to participate in the program agree to repay the amount they borrow through their property tax bill. There is no fiscal impact to the General Fund. DANIEL K. BAKER Assistant to the CEO Attachment A: Proposed Resolution Attachment A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE INCORPORATED TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the California Statewide Communities Development Authority ("California Communities") is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of Costa Mesa (the "City"); and WHEREAS, California Communities has established the CaliforniaFIRST program (the "CaliforniaFIRST Program") and will provide financing for certain improvements authorized by Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code (Streets and Highways Code Sections 5898.10 et seq.) ("Chapter 29"), including, but not limited to, renewable energy, energy efficiency and water efficiency improvements and seismic strengthening improvements (the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 and the issuance of improvement bonds (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the City desires to allow the owners of property ("Participating Property Owners") within the incorporated territory of the City to participate in the CaliforniaFIRST Program and to allow California Communities to conduct assessment proceedings under Chapter 29 within the incorporated territory of the City and to issue Bonds under the 1915 Act to finance the Improvements; and WHEREAS, California Communities will conduct assessment proceedings under Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. The City Council hereby finds and declares that properties in the City's incorporated area will benefit from the availability of the CaliforniaFIRST Program within the incorporated territory of the City and, pursuant thereto, the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 and the issuance of Bonds under the 1915 Act. Section 2. In connection with the CaliforniaFIRST Program, the City hereby consents to the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 on any property within its jurisdiction and the issuance of Bonds under the 1915 Act; provided that: (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program. (3) The issuance of Bonds will occur following receipt of a final judgment in a validation action filed by California Communities pursuant to Code of Civil Procedure Section 860 that the Bonds are legal obligations of California Communities. Section 3. Pursuant to the requirements of Chapter 29, California Communities has prepared and will update from time to time the "Program Report" for the CaliforniaFIRST Program (the "Program Report"), and California Communities will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 4. The appropriate officials and staff of the City are hereby authorized and directed to make applications for the CaliforniaFIRST program available to all property owners who wish to finance Improvements; provided that California Communities shall be responsible for providing such applications and related materials at its own expense. The following staff persons, together with any other staff persons chosen by the City Manager from time to time, are hereby designated as the contact persons for California Communities in connection with the CaliforniaFIRST Program: Daniel Baker, 714-754-5156. Section 5. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents as are reasonably required by California Communities in accordance with the Program Report to implement the CaliforniaFIRST Program for Participating Property Owners. Section 6. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)). 2 Section 7. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of California Communities. PASSED AND ADOPTED this 201h day of October, 2015. ATTEST: Brenda Green, City Clerk 3 Stephen Mensinger, Mayor APPROVED AS TO FORM: Thomas P. Duarte, City Attorney Cl T Y COUNCIL A GENDA REPORT MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: PH -1 SUBJECT: AN ORDINANCE FOR THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DA -00-02 (DA -15-02) AND RESOLUTION TO ADOPT NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -15-01 FOR THE SEGERSTROM TOWN CENTER SUBAREA AT THE SOUTHEAST CORNER OF BRISTOL/SUNFLOWER DATE: OCTOBER 9, 2015 FROM: MINOO ASHABI, PRINCIPAL PLANNER 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 Pursuant to the Planning Commission's recommendation: 1. Adopt SP -15-01 North Costa Mesa Specific Plan Amendment and 2. Give first reading to an Ordinance to approve the Second Amendment to the Development Agreement DA -00-02 for Segerstrom Town Center. BACKGROUND Proposed Project The proposed project involves the following: 1) Specific Plan Amendment SP -15-01 for clarifying language and minor updates to the North Costa Mesa Specific Plan for the Segerstrom Town Center subarea at the southeast corner of Bristol and Sunflower. No changes to the previously -approved entitlements and trip budgets are proposed. 2) Second amendment to Development Agreement DA -00-02 (Segerstrom Town Center): • Extend the term of the development agreement (originally executed in 2001) for additional 20 years until 2035. Include entitlements approved on January 16, 2007 by General Plan Amendment (GP -06-02) in the Development Agreement. These entitlements are described the in North Costa Mesa Specific Plan. Planning Commission Action On September 28, 2015, with a 4-1 vote (Commissioner Dickson recused himself) the Planning Commission recommended that the City Council approve the proposed amendment to Development Agreement and the minor amendment to the North Costa Mesa Specific Plan. The Planning Commission staff report may be found per the link below: httD://www.costamesaca.aov/modules/showdocument.aSDx?documentid=19591 The Planning Commission's final resolution is attached (Attachment 4). North Costa Mesa Specific Plan & Segerstrom Town Center Segerstrom Town Center is a sub -area of the South Coast Plaza Town Center. The 2000 General Plan designates the area as "Cultural Arts Center" and the corresponding zoning is "Town Center". In February 2001, City Council approved General Plan Amendment GP -00-02, which resulted in the following entitlements for Segerstrom Town Center. City Council also amended the North Costa Mesa Specific Plan (as shown below), adopted a Preliminary Master Plan, and entered into the Development Agreement in conjunction with the general plan amendment. MAXIMUM MAXIMUM AM PEAK HOUR PM PEAK HOUR ALLOWABLE FAR BUILDING BUDGET BUDGET SQUARE FOOTAGE 1.98 2,118,550 2,764 3,453 On April 5, 2004, City Council approved an amendment to the Development Agreement for Segerstrom Town Center (Ordinance 04-3) that allowed obligations for discount parking for Costa Mesa residents attending cultural events to be fulfilled in the parking structure located at the southwest corner of Sunflower Avenue and Park Center Drive. On January 16, 2007, City Council approved General Plan Amendment GP -06-02 that allows additional development options involving the transfer of building area within the Segerstrom Town Center sub -area. As a development option, proposed new development within this sub -area includes: 1. One mixed-use high-rise tower with 233,170 square feet of office uses and 225 residential units; 2. 200 -room hotel and 50 residential units; The implementation of these entitlements require the demolition of office uses and two cinemas in this sub -area. (Both of the cinemas have been demolished and removed from this sub -area.) An excerpt of the North Costa Mesa High Rise Residential Environmental Impact Report is attached (Attachment 3, Program EIR). History of Amendments to Specific Plan The North Costa Mesa Specific Plan was adopted by the Costa Mesa City Council in July 1994. Since adoption, the plan has been amended. The following table provides a list and a brief description of the amendment(s). AMENDMENT# DATE OF ADOPTION DESCRIPTION OF AMENDMENT SP -98-04 April 19, 1999 Created a site-specific FAR of 0.72 for South Coast Metro Center (Area 6). SP -99-02 July 3, 2000 Increased the site-specific FAR to 0.79 for South Coast Metn Center (Area 6). SP -00-01 February 5, 2001 Created a new Cultural Arts Center designation and corresponding FAR of 1.77 for South Coast Plaza Town Center (Area 4). SP -00-02 November 19, 2001 Increased the size of Area 1, and amended land use designations, floor area ratio, and trip budgets for Segerstron Home Ranch (Area 1) SP -02-01 July 1, 2002 Updated regulations to be consistent with 2000 General Plan SP -03-02 November 17, 2003 Amended acreage and building square footage allocation in Area 1 sub -areas. SP -03-01 February 2, 2004 Incorporated the Theater and Arts District Plan into the plan. SP -06-01 March 27, 2006 Amendment to the Theater and Arts District Plan regarding financing. SP -06-02 January 16, 2007 Amendment to allow high-rise residential development in Sub -areas 4, 5, and 6 in this specific plan. SP -07-01 November 20, 2007 Amendment to allow high-rise residential development for Wyndham Boutique Hotel / High -Rise residential project at 3350 Avenue of Arts, Area 5. SP -11-01 September 20, 2011 Amendment to Sakioka Lot 2 ANALYSIS Specific Plan Amendment SP -15-01 to the North Costa Mesa Specific Plan. The NCMSP was adopted in July 1994. The proposed project includes a SP -15-01 North Costa Mesa Specific Plan Amendment. The primary objectives of the proposed Specific Plan Amendment are to: Further clarify the maximum allowable buildout of Segerstrom Town Center. Clearly specify the entitlements, including the high rise residential entitlements that have been approved to date. Given that the Specific Plan will be incorporated by reference in the second amendment to the Development Agreement, staff is ensuring that the Specific Plan language is comprehensive and consistent with prior Council actions. Segerstrom staff have made specific requests for clarifying language in certain areas, and the proposed amendment reflects discussion and review with Segerstrom staff. The proposed amendment will provide clarifying language related to, but not limited to, the following (Exhibit 1 of Attachment 1, Redline): • Expanded description of the preliminary and final master plan process required for development in the Specific Plan areas. • New clarifying language regarding approved and available entitlements in the Segerstrom Town Center area of the Specific Plan. • Add new map exhibits and related exhibits for Area 4, South Coast Plaza Town Center. • NO CHANGES to existing trip budgets or maximum allowable development are proposed as part of this Specific Plan amendment. No significant changes to Specific Plan The amended text is shown in redline in the page excerpts from the Specific Plan document (Attachment 1, Resolution for Specific Plan Amendment). Staff collaborated with the Segerstrom staff to refine and better describe the allowable buildout of the Segerstrom Town Center subarea, including the development options for high rise residential development at 3400 and 3420 Bristol Street. No changes to these entitlements are being proposed. The Specific Plan Amendment provides clarifying text without modifying the previously -approved entitlements as adopted by the City Council in 2007. Proposed Amendment to Development Agreement DA -00-02 (DA -15-02) The applicant is proposing an amendment to the development agreement to make it consistent with the approved General Plan Amendment GP -06-02 approved in 2007 reflecting the entitlement options that were adopted with the North Costa Mesa Specific Plan Amendment. (Attachment 2, Ordinance for the Second Amendment) The proposal includes the following: 1) The proposed amendment will modify the term of the development agreement which will expire in 2021 for another 20 years until 2035. 2) The amendment will incorporate the entitlements noted in North Costa Mesa Specific Plan Subarea 3 pertaining to 3400 and 3420 Bristol Street as noted below (page 48 of Amended NCMSP). At this time, the development agreement does not include and therefore makes no reference to these entitlements: The clarifying language in the Specific Plan document is briefly referenced below: "Segerstrom Town Center Sub -Area 3: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area on 3.3 acres, the following unbuilt entitlements have been approved: • 200 -key hotel (220,000 sq.ft.) and 50 residential units at 3400 Bristol Street. • Office high rise building (336,525 square feet) at 3420 Bristol Street (OR) mixed-use development of office uses (233,170 square feet) in addition to residential units (225 units) at 3420 Bristol Street. In order to be fully implemented, these entitlements require the demolition of the former theater uses (31,500 square feet) which have been demolished and the existing office uses of 84,025 square feet. This would result in a maximum non-residential FAR of 1.88 with a maximum number of 275 high-rise residential units (Option 1 in Table 5A) in this sub -area. This maximum non-residential FAR and building square footage may be increased to no more than the Option 2 non-residential FAR of 1.98 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option in any form, the maximum allowable non-residential building square footage for this sub -area would be 2,118,550 square feet with a corresponding FAR of 1.98, AM Peak Hour trip budget (2,764 trips), PM Peak Hour trip budget (3,453 trips). This is the Option 2 development scenario shown in Table 5A. Table 5A/Option 2 describes the maximum buildout potential for the Segerstrom Town Center for commercial development. The existing buildings may be demolished, and the property may be redeveloped provided that the specified maximum allowable standards for nonresidential development, as shown in Table 5A, are not exceeded. For example, the single -story (with mezzanine) Park Tower annex building (32,316 square feet) on Town Center Drive may be demolished, and new construction may occur within the Segerstrom Town Center area as described in Table 5A. For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage, and associated floor area ratios with the maximum FAR and building square footage, the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units." Justifications for Approval The applicant is not proposing additional public benefits in exchange for the proposed amendment to the development agreement. Any change to the public benefits section of the development agreement is considered a policy decision by the City Council. State Law requires that amendments to Development Agreements be adopted by Ordinance. The attached Planning Commission resolution includes recommendations for the approval of the Specific Plan Amendment and Ordinance. Following are justifications for approval of the proposed project: • Proposal does not involve any material changes to the maximum allowable traffic generation beyond the currently established trip budgets for Segerstrom Town Center. The site has established maximum trip budgets for the AM Peak Hour and PM peak hour. Future proposed development of commercial office buildings, hotels, mixed-use high rise residential buildings, etc. shall be required to comply with Specific Plan and the maximum trip budgets. Table 5A- South Coast Plaza Town Center Sub -Area Statistics North Costa Mesa Specific Plan Maximum Maximum Non- Maximum Maximum Maximum Allowable Residential Allowable A.M. Peak P.M. Peak Non- Building Number of Hour Trip Hour Trip Residential Square High -Rise Budget Budget FAR Footage Residential Units Pacific Arts Plaza Sub -Area 1 (18.19 acres) Option 1 1.4611 1,160,528 sq. ft.2 180 2,1113 2,150 Option 2 1.551 1,227,978 sq. ft. 0 2,133 2,150 Segerstrom Center for the Arts Sub -Area 2 (11.21 acres) 1.675 815,285 sq. ft. 80 283 1,029 Segerstrom Town Center Sub -Area 3 (24.5 acres) Option 1 1.882 2,015,195 sq. ft.2 275 2,7293 3,453 Option 2 1.98 2,118,550 sq. ft. 0 2,764 3,453 TOTAL SOUTH COAST PLAZA TOWN CENTER Option 1 1.702 3,991,008 sq. ft.2 535 5,1233 6,632 Option 2^ 1.775 4,161,813 sq. ft. 80 5,180 6,632 1. Maximum floor area ratio calculation includes land dedicated or reserved for right-of-way for the Avenue of the Arts off -ramp and associated flood control improvements. 2. This maximum FAR and building square footage may be increased to no more than the Option 2 FAR and building square footage in direct relation to the decrease in the maximum number of high-rise residential units. 3. This maximum peak hour trip budget may be increased to no more than the Option 2 peak hour trip budget in direct relation to the decrease in the maximum number of high- rise residential units. 4. This alternative includes the 80 high-rise residential units associated with the museum site in Segerstrom Center for the Arts Sub -Area 2. 5. This maximum FAR may not be increased if the 80 -unit residential component is not constructed in conjunction with art museum/art academy in Sub -Area 2. • Proposal does not modify the previously -approved high rise residential entitlements, as adopted by the City Council in 2007. City Council adopted the Development Agreement for Segerstrom Town Center in 2001. Once the second amendment to the DA is adopted, the changes would be in place prior to the next review of the development agreement. Other than incorporating the Specific Plan entitlements and extending the life of the development agreement by another 20 years, the changes to the development agreement do not involve increased intensity or higher density. Table 513- Statistical Summary of Unbuilt SCPTC Components as of 2006 North Costa Mesa Specific Plan Map Unbuilt Entitlements Slated for New Construction Maximum Key Approved prior to Demolition Approved in 2006 Building 2006 (sq. ft.) (GP -06-02) Height (above grade level) Segerstrom Town Center Sub -Area 3 E Hotel -200 -key 2 theaters 200 -key hotel (220 GOO sq_ 315 ft. agt (220,000 sq. ft.) (31,500 square ft.) and a maximum of5D 3400 Bristol Street feet) high-rise residential units in 84,025 sq. ft. a mixed-use development F. Office A. 336,525 sq. ft. office OR 315 ft.. ggJ. 336,525 sq. ft. office building g Maximum 233,170 sq. 3420 Bristol Street ft. office and maximum 225 residential high- rise units in a mixed-use development. Source: City of Costa Mesa May 2006, North Costa Mesa High Rise Residential Projects Program Environmental Impact Report (SCH# 2006011077). • Proposal is in compliance with the broader goals of the General Plan and the North Costa Mesa Specific Plan. No changes to the City of Costa Mesa's General Plan are required. The proposal is in conformance with the City's General Plan and is consistent with the land use designation. ALTERNATIVES 1. Approve the request, with any other modifications to the Specific Plan or Development Agreement. 2. Deny the request. An alternative action would involve denial of the applicant's request for an amendment to the development agreement. Staff would recommend that the minor amendments to the Specific Plan be adopted as these changes provide clarifying text. ENVIRONMENTAL DETERMINATION The project is exempt from the provisions of the California Environmental Quality Act under Section Exempt under Section 15061 (b) (3) (general rule) of the CEQA Guidelines. LEGAL REVIEW The draft resolution and has been reviewed and approved as to form by the City Attorney's Office. CONCLUSION Planning Commission determined that the applicant has demonstrated good faith compliance with the provisions and conditions of the DA -00-02 as they pertain to date. The proposed amendment will ensure the entitlements granted by GP -06-02 is memorialized in the development agreement and extended for twenty years. The amendment to the Development Agreement are consistent with the Final EIR, North Costa Mesa Specific Plan and the City's General Plan. MINOO ASHABI, AIA GARY ARMSTRONG, AICP Principal Planner Economic and Development Services Director Attachments: 1. City Council Resolution to Adopt the North Costa Mesa Specific Plan 2. Ordinance for Second Amendment to Development Aareement 3. Excerpt of Environmental Impact Report 4. Planning Commission Resolution Distribution: Director of Economic & Development Services/Deputy CEO Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst File (2) ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -15-01 THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS RESOLUTION: WHEREAS, an application as filed by Justin McCusker, authorized agent for the Segerstroms, for the following: 1) Specific Plan Amendment SP -15-01 for clarifying language and minor updates to the North Costa Mesa Specific Plan for the Segerstrom Town Center subarea at the southeast corner of Bristol and Sunflower. No changes to the previously -approved entitlements and trip budgets are proposed. 2) Second amendment to Development Agreement DA -00-02 (Segerstrom Town Center): • Extend the term of the development agreement (originally executed in 2001) for additional 20 years until 2035. • Include entitlements approved on January 16, 2007 by General Plan Amendment (GP -06-02) in the Development Agreement. These entitlements are described the in North Costa Mesa Specific Plan. WHEREAS, a duly noticed public hearing was held by the Planning Commission and City Council on September 28, 2015 and October 20, 2015, respectively to allow for public comments on the proposed amendment to development agreement (DA -15-02) and North Costa Mesa Specific Plan SP -15-01 with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the second amendment to the Development Agreement will promote and encourage the development of the proposed project by providing stability and certainty to the developer, and provide to the City and its citizens the public benefits promised in the Development Agreement as specified to date; WHEREAS, the North Costa Mesa Specific Plan amendment does not involve any material changes to the maximum allowable traffic generation beyond the currently established trip budgets for Segerstrom Town Center. The site has established maximum trip budgets for the AM Peak Hour and PM peak hour. Future proposed development of commercial office buildings, hotels, mixed-use high rise residential buildings, etc. shall be required to comply with Specific Plan and the maximum trip budgets. WHEREAS, the North Costa Mesa Specific Plan Amendment does not modify the previously -approved high rise residential entitlements, as adopted by the City Council in 2007. City Council adopted the Development Agreement for Segerstrom Town Center in 2001. Once the second amendment to the DA is adopted, the changes would be in place prior to the next review of the development agreement. Other than incorporating the Specific Plan entitlements and extending the life of the development agreement by another 20 years, the changes to the development agreement do not involve increased intensity or higher density. Table S9- Statlstical Summary a Unbullt SCPTC ComporrenM as of 2006 North Cc Mesa SpeOMc Plan Map Unbullt Entltlemenb Slatetltor New Consbuctlon Maximum Kry Appro YWBMorb Approved In 200e Building (sq. fL) IwRI (GP -06-0S) Height lab grade level) bvsll Segerstrom Town Center Sub -Area 3 E. Hatel-200-key 2 theaters 200 -key hotel (220,000 sq. 315 ft 0W (220,000 sq. ft.) (31,500 square ft) and a maximum of 50 3400 Bristol Street feat) high-rise nsidenhal units In 84,025 sq. ft. a mixed-use development F Office A. 336525 sq. ftoffice lM 315 ft. 00( 336,525 sqft, office landing 8. Maximum 233.1 70 sq. 3420 Bristol Street ft office and maximum 225 residential high- has units in a mixed-use development Sauce: CM of Costs Mesa May 2005, North Costa Mesa High Rise Residential Projects Program Environmental Impact Report (SCHA 2006011077)_ WHEREAS, 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 Municipal Code will have a significant effect on the environment. WHEREAS, the City Council hereby adopts Specific Plan Amendment SP -15-01 for clarifying language and minor updates to the North Costa Mesa Specific Plan for the Segerstrom Town Center subarea at the southeast corner of Bristol and Sunflower, as set forth in Exhibit 1. PASSED AND ADOPTED this day of 2015. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) APPROVED AS TO FORM: City Attorney I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Resolution 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 EXHIBIT 1 NORTH COSTA MESA SPECIFIC PLAN AMENDMENT North Costa Mesa Specific Plan Costa Mesa AREA 4- SOUTH COAST PLAZA TOWN CENTER Existing Land Uses This 54 -acre area is commonly referred to as South Coast Plaza Town Center (SCPTC), and it contains a variety of commercial, entertainment, and high-rise office uses, including the Segerstrom Center for the Arts QFaRge r FIt y oorf„rmiR Arts Ge +o. The approval of GP -00-02 resulted in a maximum non-residential building intensity of 4,161,813 square feet. The primary entry street into SCPTC is Anton Boulevard, which also serves as the circulation backbone. Many of the existing developments along Anton Blvd. between Bristol Street and Sakioka Drive are oriented to the pedestrian, thereby encouraging walking. An extensive greenbelt/pathway system within the SCPTC's core also links the various buildings and uses. In order to facilitate foot traffic to and from South Coast Plaza, the Unity Bridge, has been constructed across Bristol Street. General Plan and Zoning This site is designated Cultural Arts Center by the General Plan and the corresponding zoning is TC. The maximum FAR is 1.77 for the entire project area; this corresponds to a maximum non-residential building square footage of 4,161,813. The non-residential trip budget for this area is 5,180 a.m. peak hour trips and 6,632 p.m. peak hour trips. The FAR for specific non-residential developments or ownership parcels may exceed the maximum of 1.77, provided that the maximum allowable FARs shown in Table 5A for each sub -area are not exceeded. In 2007, General Plan Amendment (GP -06-02) was approved to allow 535 high-rise/high- density residential units in specific locations in South Coast Plaza Town Center. Table 5A indicates the maximum number of units for each sub -area and the corresponding trip budget associated with the residential uses. See following sub -areas discussion for additional discussion. Sub -Areas The SCPTC was divided into three sub -areas in conjunction with the approval of GP -00-02. These three sub -areas are under separate ownership. Provided in Table 5A is a statistical summary of the maximum floor area ratio, building square footage, and trip budgets for each sub -area. Figures 14A & 14B illustrate s -the boundaries of the sub -areas. To facilitate flexibility within a sub -area, building square footages may be transferred, provided that the total building square footage, floor area ratio, and trip budget for the affected sub -area are not exceeded as delineated in Table 5A. Transfers between any of the sub -areas are not permitted. Updated February zoos; January 2007; September 2011 i'{ z� \ � � }k j \\�0 | !««tit r ❑ kNm }\\\ } /}( - A; \ \° �� © %§ §o cQ m 0 - _- �)�} _ _ cam- e � » ` f §k \t) ) \ j E E E ; � ƒ $ )f k { { F`�Oo w k ¥ k 2 as !! _� ! il \§_ . ! ` 0 & -- I � \ _ ■ k\i !«! t � � CL !R u } ). (u fez LITT ) ) ■ k ■ k®\ o f 2 2 2 2 !2! E a a a m /\ � - ) LU . a. IT Costa Mesa North Costa Mesa Specific Plan Table 5A- South Coast Plaza Town Center Sub -Area Statistics North Costa Mesa Specific Plan Maximum Maximum Non- Maximum Maximum Maximum Allowable Residential Allowable A.M. Peak P.M. Peak Non- Building Number of Hour Trip Hour Trip Residential Square High -Rise Budget Budget FAR Footage Residential Units Pacific Arts Plaza Sub -Area 1 (18.19 acres) Option 1 1.4612 1,160,528 sq. ft.2 180 2,1113 2,150 Option 2 1.551 1,227,978 sq. ft. 0 2,133 2,150 Segerstrom Center for the Arts Sub -Area 2(11.21 acres) 1.675 815,285 sq. ft. 80 283 1,029 Segerstrom Town Center Sub -Area 3 (24.5 acres) Option 1 1.882 2,015,195 sq. ft.2 275 2,7293 3,453 Option 2 1.98 2,118,550 sq. ft. 0 2,764 3,453 TOTAL SOUTH COAST PLAZA TOWN CENTER Option 1 1.702 3,991,008 sq. ft.2 535 5,1233 6,632 Option 24 1.775 4,161,813 sq. ft. 80 5,180 6,632 1. Maximum floor area ratio calculation includes land dedicated or reserved for right-of-way for the Avenue of the Arts off -ramp and associated flood control improvements. 2. This maximum FAR and building square footage may be increased to no more than the Option 2 FAR and building square footage in direct relation to the decrease in the maximum number of high-rise residential units. 3. This maximum peak hour trip budget may be increased to no more than the Option 2 peak hour trip budget in direct relation to the decrease in the maximum number of high- rise residential units. 4. This alternative includes the 80 high-rise residential units associated with the museum site in Segerstrom Center for the Arts Sub -Area 2. 5. This maximum FAR may not be increased if the 80 -unit residential component is not constructed in conjunction with art museum/art academy in Sub -Area 2. Updated February zoo1; January 2007; September 2011 I (D COSMe t9a North Costa Mesa Specific Plan Pacific Arts Plaza Sub -Area 1: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area, 180 residential high-rise residential units may be constructed at the southwest corner of Park Center Drive and Anton Boulevard in conjunction with the demolition of the existing office building. This would result in a maximum non-residential floor area ratio of 1.46 with a maximum number of 180 high-rise residential units on 1.3 acres that equals 138 units per acre (Option 1 shown in Table 5A). This maximum non- residential FAR and building square footage may be increased to no more than the Option 2 non-residential FAR of 1.55 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option, the maximum allowable non-residential square footage for this sub -area is 1,227,978 square feet with a corresponding FAR of 1.55; see Option 2 in Table 5A. For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage and associated floor area ratio. As shown in Table 5A, the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units. Unbuilt entitlements for this sub -area are shown in Table 5B and Figure 14A & 14B. Segerstrom Center for the Arts Sub -Area 2: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area, 80 residential high-rise residential units may be constructed at the vacant southwest corner of Avenue of the Arts and the Pedestrian Plaza in conjunction with the new art museum/academy building. For this sub -area, the maximum allowable floor area ratio is 1.67 and the maximum allowable number of dwelling units is 80 units. Unlike, Sub -Areas 1 and 3, if the 80 -unit residential component is not constructed in conjunction with the art museum/academy or fewer than 80 units are constructed, than the maximum allowable non-residential floor area ratio for this sub -area will not increase proportionately. The trip budget for this sub -area is 283 a.m. peak hour trips and 1,029 p.m. peak hour trips. Unbuilt entitlements for this sub -area are shown in Table 56 and Figure 14A & 14B. Segerstrom Town Center Sub -Area 3: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area on 3.3 acres, the following unbuilt entitlements have been approved: • 200 -key hotel (220,000 sq.ft.) and 50 residential units at 3400 Bristol Street. Forma Office high rise building (336,525 square feet) at 3420 Bristol Street (OOR) mixed—. EForma • use development of office uses (233,170 square feet) in addition to residential units (225 units) at 3420 Bristol Street. For mixed11 a use d 1 +GGFRPGrl f 233,170 c e foo+ of .,fF'n nnr�l 77F� 0.25° highresidential - -units y be n no+ Gted at the +h + nor of BF stel-- - -- Forma Forma Updated July 2000; July 2002; January 2007, nSeptember 2011 I Costa Mesa North Costa Mesa Specific Plan -------------- In order to be fullv imr)lemented, these entitlements reauire the demolition the existing office uses of 84,025 square fee .,This would result in a maximum Forme non-residential FAR of 1.88 with a maximum number of 275 high-rise residential units (Option 1 in Table 5A) in this sub -area. This maximum non-residential FAR and building square footage may be increased to no more than the Option 2 non- residential FAR of 1.98 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option in any form, the maximum allowable non-residential building square footage for this sub -area would be 2,118,550 square feet with a corresponding FAR of 1.98, AM Peak Hour trip budget (2,764 trips), PM Peak Hour trip budget (3,453 trips)..- This is the Option 2 development scenario shown in Table 5A. and Fig lee ' ^ ^ P 14R. Table 5A/Option 2 describes the maximum buildout potential for the Segerstrom Town Center for commercial development. The existing buildings may be demolished, and the property may be redeveloped provided that the specified maximum allowable standards for nonresidential development, as shown in Table 5A, are not exceeded. For example, the single -story (with mezzanine) Park Tower annex building (32,316 square feet) on Town Center Drive may be demolished, and new construction may occur within the Segerstrom Town Center area as described in Table 5A. For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage, and associated floor area ratio. As with the maximum FAR and building square footage, the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units. "^" ''t P_^t0tIPrnP_ ,t; for thio sub area are shown in Table 5B. Table 5B and Figures 14A & 14B provide further detail and illustrations of the aatiEipated permitted development within each of the three sub -areas. Precise building uses, locations, and square footages will be determined in conjunction with final master plan approvals for the SCPTC. Preliminary and Final Master Plan Form: Title 13 of the Costa Mesa Municipal Code sets forth the processina procedures for preliminary and final master plans. Unbuilt entitlements and other proposed development shall require approval of a final master plan by the Planning Commission, or other final review authority as indicated in the Zoning Code. Proposed development may be constructed in a variety of mixed-use or nonresidential development scenarios subject to Updated July 2000; July 2002; January 2007, September 2011 I■ • Costa Mesa North Costa Mesa Specific Plan master plan approval and conformance with the North Costa Mesa Specific Plan. Land Use Compatibility/Integration The remaining 1.64 -acre parcel located adjacent to the Renee and Henry Segerstrom Concert Hall on Avenue of the Arts is in a well-defined urban area. A 140,000 square -foot museum and 80 high-rise residential units are approved for this site. TheSegerstrom Hall OFaRge County Performing Arts G8Rt8F, South Coast Repertory, o,,Re6 and HeRF,, cegerstr9,, r,,. GGFt Hall Samueli Theater, and Plaza Tower are also in the immediate vicinity. Future development of the museum site should be complementary to these surrounding developments, and where possible, linked physically by sidewalks and open space/greenbelts. Anticipated development for this area is detailed in Table 5B and Figure 14A & 1413. Street level and pedestrian appeal should also be taken into account during site design. The site design should also consider The Lakes apartments located across Avenue of the Arts, so as to not cause significant shade or shadow impacts. Pedestrian -oriented directional signage should be added within the existing 3 -acre open space easement in Town Center. Signage should be placed at key entry points, particularly adjacent to the hotel, to guide pedestrians to the various attractions. Building Heights Building heights shall be limited to 315 feet above grade level. Buildings above 173 feet above grade level in height will require a Federal Aviation Agency (FAA) determination of no hazard. Updated July z000; July 2002; January 2007, September 2011 19 7 ioislus 30 V, x R W * R N m C N Z N C W I— CD v o N > U Q m Z J d c R c R 9 �2 a O Cc —� Z L) I.. s a. o d� ti a Q W p Q: O 0 aN a J p IL c a <U a C v Q C c a a wECD m F E E E p a L m d c E E E d m Q 0 C7 N re i F i R * R N m C N O N C N y A I— CD v o N m c Q G Q Nc Cc R J d c R c R O c l9 �2 C Cc —� Z L) a s a. a d� ti a Y ,CD m 0.a j W J N SUNFLOWERAVE LEGEND Q Future Devetapm•ntAnesi South Coast Plaza Town Canter Ncre- See -aE!e58 for project information. Conceptual Location of Future Projects rrif i , {u re 14A Costa Mesa North Costa Mesa Specific Plan Table 5B- Statistical Summary of Unbuilt SCPTC Components as of 2006 North Costa Mesa Specific Plan Map Unbuilt Entitlements Slated for New Construction Maximum Key Approved prior to Demolition Approved in 2006 Building 2006 (sq. ft.) (GP -06-02) Height (above grade level) Segerstrom Town Center Sub -Area 3 E. Hotel -200 -key 2 theaters 200 -key hotel (220,000 sq. 315 ft. agl (220,000 sq. ft.) (31,500 square ft.) and a maximum of 50 3400 Bristol Street feet) high-rise residential units in 84,025 sq. ft. a mixed-use development F. Office A. 336,525 sq. ft. office OR 315 ft. agl 336,525 sq. ft. office building B Noless thaaMaximum 3420 Bristol Street 233,170 sq. ft. office and ,�,�� maximum 225 residential high- rise units in a mixed-use development. Source: City of Costa Mesa May 2006, North Costa Mesa High Rise Residential Projects Proqram Environmental Impact Report (SCH# 2006011077). Updated July 2000; JUIy 2002; January 2007, September 2011 -Z5 Costa Mesa Circulation North Costa Mesa Specific Plan The street network for this sub -area is in place. However, the Master Plan of Bikeways indicates a new bikeway on Avenue of the Arts and Sakioka Drive. The widening of the Bristol Street interchange with the 1-405 is completed. Figure 9 indicates one urban rail alignment to the east of the project site. Parks and Recreation As stated in Section 2, Development Setting, the 3 -acre open space/greenbelt easement boundaries were reconfigured and slightly expanded in 2001. In addition, it was secured as part of GP -00-02, as a permanent private open space area in Segerstrom Town Center and Segerstrom Center for the Arts. Also, in conjunction with the Pacific Arts Plaza approval of GP -00-02, the property owner is to preserve and maintain the California Scenario sculpture garden substantially in accordance with its existing configurations and function, commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden. In conjunction with high-rise residential projects, private on-site recreational amenities shall be provided to serve the high-rise residents. These amenities may be located on the ground level, rooftop, and/or on a podium. Theater and Arts District Plan A Theater and Arts District (TAD) Plan was prepared in conjunction with the development of Town Center. The TAD Plan details the strategy to foster and enhance a unified look and feel for the area. Entry and monument signs, and other signs identifying the Theater and Arts District prominently include the name of the City. The plan addresses public access and parking fee restrictions for SCPTC parking structures for patrons of the cultural arts facilities, and the financing mechanisms for public street amenities. The TAD Plan is included as Appendix D. Parking Although the project area is composed of multiple ownerships, the parking demand analysis for SCPTC has always considered the project as a single development. Specifically, parking need not be located on the same parcel as the building for which it is required; all parking facilities are to be available to employees and visitors of all South Coast Plaza Town Center uses. Consistent with the historical analysis of parking demand for this project, any future parking studies need to continue to examine the South Coast Plaza Town Center as a single project. Persons who are residents of the City of Costa Mesa attending a cultural arts venue during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent Updated JUIy 2000; JUIy 2002; January 2007, September 2011 Costa Mesa North Costa Mesa Specific Plan (50%) off the price for parking otherwise applicable to the general public. For the high- rise residential units, the following parking rate range shall be appropriately applied to the residential development in conjunction with approval of any residential final master plan. The parking rate shall take into consideration the shared parking arrangements that exist in the South Coast Plaza Town Center. Tenants: 1.5 to 2.0 parking spaces per unit Guests: 0.5 parking spaces per unit for the first 50 units and 0.25 parking spaces for each unit above 50. Furthermore in the final master plan for any high-rise residential development, consideration may be given to the feasibility of valet parking, tandem parking, and mechanical lift parking devices in order to fully meet the residential parking demands. Updated July 2000; July 2002; January 2007, September 2011 g ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT NO. DA -00-02 FOR SEGERSTROM TOWN CENTER THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa, California, does hereby find and declare as follows: 1. On or about March 5, 2001, the City Council of the City of Costa Mesa adopted Ordinance No. 01-14 approving Development Agreement DA -00-02 for the Segerstrom Town Center Project. 2. The parties to said Development Agreement have subsequently determined that certain provisions of the Development Agreement require amendment. 3. Public hearings have been held before this City Council pursuant to the procedures described in Council Resolution No. 88-53. At these hearings, the City Council considered the evidence, the testimony presented by the public, and the Planning Commission's recommendation regarding the proposed First Amendment to Development Agreement DA -00-02 between the City of Costa Mesa and South Coast Plaza, a California general partnership ("Owner") 4. The Second Amendment to the Development Agreement between the City of Costa Mesa and Owner: (a) Is consistent with the General Plan and the North Costa Mesa Specific Plan; (b) Is compatible with the uses authorized in, and the existing land use regulations prescribed for, the zoning districts in which the real property covered by the Amendment to the Development Agreement are located; and (c) Is in conformity with and will promote the public necessity, and public convenience, general welfare, and good land use practices. 5. The Second Amendment to the Development Agreement will not: (a) Be detrimental to the public's health, safety and general welfare; nor (b) Adversely affect the orderly development of the property. 6. The Second Amendment to the Development Agreement will promote and encourage the development of the proposed project by providing stability and certainty to the Owner, and will provide to the City and its citizens the public benefits promised in the Development Agreement and subsequent Amendments thereto. 7. The Second Amendment to the Development Agreement has been reviewed for compliance with the California Environmental Quality Act (CEOA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt. Section 2. The City Council hereby approves, adopts and enters into the Second Amendment to the Development Agreement in the form attached hereto and incorporates the Second Amendment herein by this reference (Exhibit 1). Upon execution of the Second Amendment by all parties, the City Clerk is directed to record the Second Amendment pursuant to the City of Costa Mesa Development Agreement Procedures and Requirements. Second Amend to Town Center Dev Agreement Section 3. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA 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 of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of , 2015 Mayor of the City of Costa Mesa 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. 15-10 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: 2 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 EXHIBIT 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DRAFT ORDINANCE 5 DRAFT 9/14/15 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF COSTA MESA 77 Fair Drive Costa Mesa, CA 92626 Attn: CITY Clerk Use) (Space Above This Line for Recorder's This Second Amendment to the Development Agreement for Segerstrom Town Center is recorded at the request and for the benefit of the CITY of Costa Mesa and is exempt from the payment of a recording fee pursuant to Government Code § 6103 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER by and between CITY OF COSTA MESA and SOUTH COAST PLAZA DA -00-02 Ordinance No. 01-4 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER (the "Amendment') is executed this day of , 2015, by and between The City of Costa Mesa, a Municipal Corporation of the State of California ("City"), South Coast Plaza, a California general partnership ("SCP"), and One Town Center Associates, a Califomia general partnership ("OTCA" and together with SCP, "Owners"), with respect to the following: RECITALS A. City and SCP entered into that certain Development Agreement for Segerstrom Town Center executed as of March 5, 2001 (the "Original Agreement'), as amended by that certain First Amendment to the Development Agreement for Segerstrom Town Center executed April 5, 2004 (the "First Amendment'). The Original Agreement and First Amendment were recorded in the Official Records of Orange County, California as Instrument Nos. 20010281648 and 2004000686075, respectively, and are herein referred to together as the "Development Agreement." The Development Agreement provides for development within Town Center, as that term is defined in the Original Agreement. OTCA is an affiliate of SCP and successor in interest from SCP to certain property in Town Center. B. City and Owners desire to amend the Development Agreement to extend its term and to ensure that it includes and references certain changes to accord with changes in the North Costa Mesa Specific Plan approved by the City. C. This Amendment was approved by City of Costa Mesa Ordinance No. 'adopted by the City Council on , 2015, after the public notice and public hearings required by law. The parties have executed this Amendment on the date indicated above after the effective date of this Ordinance. AGREEMENT IN CONSIDERATION OF the foregoing Recitals, and for good and valuable consideration, City and Owner agree as follows: 1. Effective Date of Amendment. The effective date of this Amendment shall be the date this Amendment was executed by the parties as indicated in the opening phrase of this Amendment prior to the Recitals. 2. Duration of Agreement. The Development Agreement is hereby extended and shall be operative and continue until that date which is twenty (20) years from the effective date of this Amendment (the "New Expiration Date"). To that end, the first sentence of Section 3.2 of the Development Agreement is hereby amended in its entirety to read as follows: 3 "This Agreement shall be operative commencing on the Effective Date and continue thereafter until the New Expiration Date, unless otherwise extended by the Parties, subject to earlier termination upon the completion, performance and discharge of all obligations hereunder." 3. Definitions. The following terms in the Development Agreement shall have the definitions as set forth below, which shall replace any previous definitions of the same term in the Development Agreement.: a. "Property" shall mean that certain property generally located along Bristol Street between Anton Boulevard and Sunflower Avenue as more fully described in Exhibit "AA" and shown in the map set forth on Exhibit "BB" both attached hereto. b. "STC Project" shall mean the development of the Property pursuant to the Existing Land Use Regulations, Existing Development Approvals, the TAD Plan, the Future Development Approvals, and the terms of this Agreement. The STC Project may include non-residential (i.e. office, hotel, restaurant, retail and cultural uses) and residential uses as more specifically described in the Existing Land Use Regulations. C. "Existing Development Approvals" and "Existing Land Use Regulations" shall be as defined in the Original Agreement except that all references to the City's General Plan and the North Costa Mesa Specific Plan included therein shall mean the General Plan and North Costa Mesa Specific Plan in effect as of the effective date of this Amendment. In addition, if both City and Owner subsequently agree in writing to amend the Development Approvals or Land Use Regulations at some future date, the term "Existing Development Approvals" or "Existing Land Use Regulations," as applicable, shall mean the Development Approvals or Land Use Regulations in effect as of the effective date of such subsequent amendment (which the parties shall endeavor to reflect in an updated Exhibit "D" to the Development Agreement prepared and exchanged between the parties). 4. Future Design. Precise building uses, locations, square footages and designs for the STC Project will be determined in conjunction with Future Development Approvals. To that end, (a) references in the Development Agreement to a new office building at the comer of Bristol Street and Sunflower Avenue and a hotel at the intersection of Bristol Street and Anton Boulevard are illustrative only, and (b) Article N of Exhibit "F" to the Development Agreement is deleted in its entirety from the Development Agreement. 5. FAR and Trip Budgets. The FAR and trip budget for the TTC Project, the SCA Project and the Balance of Town Center, as well as the overall FAR and trip budget for the entire Town Center area shall be as provided in the North Costa Mesa Specific Plan in effect as of the effective date of this Amendment and included in the Existing Development Approvals and Existing Land Use Regulations. Exhibit "G" to the Development Agreement is deleted in its entirety from the Development Agreement. 6. Original Agreement Amended and Conflicts. In the event of any conflict between the terms of this Amendment and the remainder of the Development Agreement, this Amendment shall control. Except as otherwise set forth herein to the contrary, all terms and provisions of the Development Agreement shall remain unamended and continue in full force and effect. This Amendment with the remainder of the Development Agreement shall be construed together and shall constitute one agreement. 7. Defined Terms. All capitalized terms used herein and not defined herein have the same meanings as set forth in the Development Agreement. 8. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall be deemed to constitute one instrument. It shall not be necessary that all signatories execute the same counterpart(s) of this Amendment for this Amendment to become effective. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Development Agreement for Segerstrom Town Center as of the date first above written. ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa APPROVED AS TO FORM: City Attorney, City of Costa Mesa SOUTH COAST PLAZA, a California general partnership By: C.J. Segerstrom & Sons, a California general partnership, Managing General Partner By: Henry T. Segerstrom Management LLC, a California limited liability company OR By: AND Alternate Manager By: HTS Management Co., Inc., a California corporation M Senior Vice President 4 CITY OF COSTA MESA, A municipal corporation Mayor of Costa Mesa ONE TOWN CENTER ASSOCIATES, a California general partnership By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager By: OR By: AND Alternate Manager By: HTS Management Co., Inc., a California corporation, Manager Senior Vice President ATTACHMENT Exhibit "AA" Legal Description of Property Parcels between Sunflower Avenue and Town Center Drive Parcels 1 and 2 of Lot Line Adjustment No. LL 2013-01, recorded on August 13, 2013, as histrument No. 2013000478793 in the Official Records of the County Recorder of Orange County, California; and Parcels 5 and 6 of Parcel Map S-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official Records of the County Recorder of Orange County, California. Parcels between Town Center Drive and Anton Boulevard Parcel 1 of Parcel Map 81-379, as shown on a map filed in Book 164, Page 10 of parcel maps, in the Official Records of the County Recorder of Orange County, California; Parcels 1 and 2 as shown on a map filed in Book 12, Page 18 of parcel maps, in the Official Records of the County Recorder of Orange County, California; Parcels 1 and 2 0£ Parcel Map 5-20-67, as shown on a map filed in Book 11, Page 32 of parcel maps, in the Official Records of the County Recorder of Orange County, California; and Parcel 2 of Parcel Map 5-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official Records of the County Recorder of Orange County, California. Exhibit `BB" Map of the Property Bristol Street I ■II■ 11 I.II.II.11.11.11 111 3 I N� � 11.11■ I � o ' � o o -Q x g n m2 0 % m mom yDD v PL C�DDD (D TT. co loo ozm ILII .11. � II 1. I 4k[n� o O Park Center Drive V.I TKN II l I ' •. Ort a .r •. ilc...l. • .r 1. low '• •y ..R 1!_.. v •m r AF w A lu. IN i f ■ ■ .. ••/ r r �� t.0 I ■r ■ l I ul I L r � � v W a 00 U o r0 0, O u L T U N U o C_ o_ C 0 0 N L N c s m 0 v ra N L o CL U L N 0 O 0 z O L 0- %0 %0 L L X W a. N Q) tkn lu a v ^u W L- on on C U C O 7 N - C - N Q) pr 4J N O N L a on Ld > O L CL v tj N h X W W Chapter 4. Project Description Section 4.2. Project Description - 43 4.2.2 Site 1 - Segerstrom Town Center (3.3 acres) Project Location Property Owner Authorized Agent 3400 and 3420 Bristol Street South Coast Plaza Partners Paul Freeman/David Wilson C.J. Segerstrom & Sons 3315 Fairview Road Costa Mesa, CA 92626 Office Project — 3420 Bristol Street Existing unbuilt entitlement 336,525 sq.ft. of office Existing uses to be demolished 84,025 sq.ft. of office Proposed development Maximum conversion of 103,355 sq.ft. of unbuilt office entitlement to a maximum of 225 residential high-rise units resulting in 233,170 sq.ft. of office Maximum building height 315 feet above ground level Hotel Project — 3400 Bristol Street Existing unbuilt entitlement 200 -key hotel (220,000 sq.ft.) Existing uses to be demolished 31,500 sq.ft. of theaters (2) Proposed development Addition of 50 residential units in addition to the unbuilt hotel entitlement Maximum building height 315 feet above ground level Existing Setting Segerstrom Town Center (Exhibit 5) is located at the southeast corner of Bristol Street and Sunflower Avenue, immediately east and across Bristol Street from South Coast Plaza. Retail/commercial centers are located north of the site in the City of Santa Ana across Sunflower Avenue. The Park Tower office building and parking structure is located to the east of the site, and office and restaurant uses are located to the south across Town Center. The site is currently developed with a single -story office building, a multi -story office building, and two vacant movie theaters (31,500 square feet). The existing uses on the site would be demolished in order to make room for the entitled and proposed develop- ments. Site 1 photographs are shown on Exhibit 6 and Exhibit 7. EIR No. 1047, the South Coast Plaza Town Center FIR, analyzed an increase in development intensity within the South Coast Plaza Town Center area, and included the development of a 186 -key, 220,000 - square -foot high-rise hotel, and 339,025 square feet of high-rise office uses on this site. These projects were approved by the City of Costa Mesa in February 2001, but have not yet been constructed. In 2003, the hotel was increased to 200 keys, and the office entitlement was decreased to 336,025 square feet. Site 1 is identified as the Segerstrom Town Center sub -area of Area 4, South Coast Plaza Town Center, in the NCMSP. `4D City of Costa Mesa c man�.:&uSo urs North Costa Mesa High -Rise Residential Project Program EIR Chapter 4. Project Description Section 4.2. Project Description — 44 I 2. Proposed Development The proposed project includes two high-rise residential towers with a total of 275 residential units. The first tower, located at 3400 Bristol Street, would include 50 residential units, built atop a previously entitled, but un -built 200 -key hotel. The second tower, located at 3420 Bristol Street, would include 225 residential units, built in addition to 233,170 square feet of previously entitled, but un -built office building space. The existing entitled office space totals 336,525 square feet, however, this would be reduced to 233,170 in order to maintain the existing trip budgets. The two towers would be 315 feet above ground level (AGL), and project construction is not contemplated until after year 2010. The design for this site is conceptual and has not yet been finalized. The developer will be required to submit a Final Master Plan to the Costa Mesa Planning Division, which shall address all design re- quirements as set forth in the City's General Plan and the NCMSP. The development proposals are further described in Table 6 - Project Summary (page 91) and Table 7 - Development Components Summary (page 92). f. u I I I P I I I I q City of Costa Mesa North Costa Mesa ram EIR High -Rise Residential Project Pro CVLBEUSf .AO S&MSOCIATE$ 9 J 9 DATE: PROJECT NO: CITY OF COSTA MESA P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 DEVELOPMENT SERVICES DEPARTMENT SITE ADDRESS: NOTICE OF DECISION PLANNING COMMISSION ACTION September 29, 2015 DA -00-02 (DA -15-02) and SP -15-01 3400 and 3420 Bristol Street ATTACHMENT 4 FINAL ACTION: At a noticed public hearing on September 28, 2015 the Planning Commission recommended that City Council approve the proposed project and give first reading of the Ordinance, subject to conditions, by adoption of Planning Commission Resolution PC -15- 53. The final resolution is attached. APPEAL PERIOD: Not Applicable PLANNING CONTACT: Minoo Ashabi, Principal Planner, (714) 754-5610 minoo.ashabi@costamesaca.gov If you have any questions or comments regarding this notice of decision, please contact the project planner (above) or me at 714-754-5278. Sincerely, ) &te— i�f� Claire L. Flynn, AICP Assistant Development Services Director DISTRIBUTION: Justin McCusker C.J. Segerstrom and Sons 3315 Fairview Road Costa Mesa, CA 92626 Building Division (714) 754-5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245 FAX (714) 754-4856 • TDD (714) 754-5244 • w costamesaca.gov RESOLUTION NO. PC -15-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA RECOMMENDING CITY COUNCIL TO: (1) ADOPT NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -15-01 AND (2) GIVE FIRST READING TO ORDINANCE FOR SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DA -00-02 (DA -15-02) THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Justin McCusker, authorized agent for Segerstrom and Sons, for the following proposed project: 1) Specific Plan Amendment SP -15-01 for clarifying language and minor updates to the North Costa Mesa Specific Plan. No changes to the previously -approved entitlements and trip budgets are proposed. 2) Second amendment to Development Agreement DA -00-02 (Segerstrom Town Center): • Extend the term of the development agreement (originally executed in 2001) for additional 20 years until 2035. • Include entitlements approved on January 16, 2007 by General Plan Amendment (GP -06-02) in the Development Agreement. These entitlements are described the in North Costa Mesa Specific Plan. WHEREAS, the City Council executed Development Agreement DA -00-02 with South Coast Plaza, in 2001; WHEREAS, On April 5, 2004, City Council approved an amendment to the Development Agreement for Segerstrom Town Center (Ordinance 04-3) that allowed obligations for discount parking for Costa Mesa residents attending cultural events to be fulfilled in the parking structure located at the southwest corner of Sunflower Avenue and Park Center Drive; WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 28, 2015, to allow for public comments on the proposed amendment to development agreement (DA -15-02) and North Costa Mesa Specific Plan SP -15-01 with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the second amendment to the Development Agreement will promote and encourage the development of the proposed project by providing stability and certainty to the developer, and provide to the City and its citizens the public benefits promised in the Development Agreement as specified to date; WHEREAS, the proposal does not involve any material changes to the maximum allowable traffic generation beyond the currently established trip budgets for Segerstrom Town Center. The site has established maximum trip budgets for the AM Peak Hour and PM peak hour. Future proposed development of commercial office buildings, hotels, mixed-use high rise residential buildings, etc. shall be required to comply with Specific Plan and the maximum trip budgets. WHEREAS, the proposal does not modify the previously -approved high rise residential entitlements, as adopted by the City Council in 2007. City Council adopted the Development Agreement for Segerstrom Town Center in 2001. Once the second amendment to the DA is adopted, the changes would be in place prior to the next review of the development agreement. Other than incorporating the Specific Plan entitlements and extending the life of the development agreement by another 20 years, the changes to the development agreement do not involve increased intensity or higher density. Table 6B- Statlstical summary of Unbuilt SCPTC Components as of 2006 North Costa Mea. 5I»ci6o Plan Map Unbuilt Entitkmenis Slatetl for New ConaWcion Maximum Key Approved prior to OemollUon Approved in 2006 Building 2006 (sq. R) (GP -06-02) Height (thous greda level) Sagerstrold Town Center Sub -Area 3 E Hotel-200.1key 2 theaters 200keyhotel (220.000 sq. 315X. Ogl (220 000 sq. it (31,500 square ft.) and a maximum of 50 3400 Bristol Street feet) high-rise residential units in 84,025 sq. d. a mixed-use development E Office A. 336,525 sqit office OR 315 ft epi 336525 sqit office building B Maximum 233,170 sq. 3420 Bristol Sir..( it office and maximum 225 residential high. rise units in a mixed-use development. Source: City of Costa Mesa May 2006, Noun Costa Mesa High Rise Residential Projects Program Environmental Impact Report (SCH# 2006011077). WHEREAS, the proposal is in compliance with the broader goals of the General Plan and the North Costa Mesa Specific Plan. No changes to the City of Costa Mesa's General Plan are required. The proposal is in conformance with the City's General Plan and is consistent with the land use designation. BE IT RESOLVED that the Planning Commission hereby RECOMMENDS that the City Council: (1) Adopt a resolution to approve North Costa Mesa Specific Plan SP-15- 01 (Exhibit 1) and (2) Give first reading to the ordinance for Development Agreement DA - 00 -02 (DA -15-02) (Exhibit 2); BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 28th day of September, 2015. xnews, vice cnair Mesa Planning Commission STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on September 28, 2015 by the following votes: AYES: Mathews, McCarthy, Sesler, Andranian NOES: None ABSENT: None ABSTAIN: Dickson 00dill'o Cre lynn, Secre ary Costa Mesa Planning Commission EXHIBIT 1 NORTH COSTA MESA SPECIFIC PLAN AMENDMENT COStd Mesa North Costa Mesa Specific Plan AREA 4- SOUTH COAST PLAZA TOWN CENTER Existing Land Uses This 54 -acre area is commonly referred to as South Coast Plaza Town Center (SCPTC), and it contains a variety of commercial, entertainment, and high-rise office uses, including the Segerstrom Center for the Arts OraRge GOURty PeFfGFFAiRg AFts Qe . The approval of GP -00-02 resulted in a maximum non-residential building intensity of 4,161,813 square feet. The primary entry street into SCPTC is Anton Boulevard, which also serves as the circulation backbone. Many of the existing developments along Anton Blvd. between Bristol Street and Sakioka Drive are oriented to the pedestrian, thereby encouraging walking. An extensive greenbelt/pathway system within the SCPTC's core also links the various buildings and uses. In order to facilitate foot traffic to and from South Coast Plaza, the Unity Bridge; has been constructed across Bristol Street. General Plan and Zoning This site is designated Cultural Arts Center by the General Plan and the corresponding zoning is TC. The maximum FAR is 1.77 for the entire project area; this corresponds to a maximum non-residential building square footage of 4,161,813. The non-residential trip budget for this area is 5,180 a.m. peak hour trips and 6,632 p.m. peak hour trips. The FAR for specific non-residential developments or ownership parcels may exceed the maximum of 1.77, provided that the maximum allowable FARs shown in Table 5A for each sub -area are not exceeded. In 2007, General Plan Amendment (GP -06-02) was approved to allow 535 high-rise/high- density residential units in specific locations in South Coast Plaza Town Center. Table 5A indicates the maximum number of units for each sub -area and the corresponding trip budget associated with the residential uses. See following sub -areas discussion for additional discussion. Sub -Areas The SCPTC was divided into three sub -areas in conjunction with the approval of GP -00-02. These three sub -areas are under separate ownership. Provided in Table 5A is a statistical summary of the maximum floor area ratio, building square footage, and trip budgets for each sub -area. Figures 14A & 14B illustrate s -the boundaries of the sub -areas. To facilitate flexibility within a sub -area, building square footages may be transferred, provided that the total building square footage, floor area ratio, and trip budget for the affected sub -area are not exceeded as delineated in Table 5A. Transfers between any of the sub -areas are not permitted. Updated February zoos; January 2007; September 2011 7 ! 1 ®; a " R lu R � U ^ Q o o « o 'tlO N3INYJM j ---/ Q R R v w a n R Q n y- QN a I 1l_i I -� g wmm °a c� EEFEL m RRA hN oM RaEc V° w ^ c M R m 9 ^t' O LL LL ei0 N a- O Q n Of IS ioisiae U ° i° rn o U W w° o o « o � m a m w N C 1 `I ? O C �mm� c z — c o = 5 .. a a .� s E m R L C N w 0 m m Q E c aU U rc c� O 3 a LU CD O m 0 R R a 0 O m CiN Hfn N I Ali / 0 DRE —tC d Y ® I Ego LL —� ul 03 �' l6 l6 i og a a ama .� 7 — w =� Costa Mesa North Costa Mesa Specific Plan Table 5A- South Coast Plaza Town Center Sub -Area Statistics North Costa Mesa Specific Plan Maximum Maximum Non- Maximum Maximum Maximum Allowable Residential Allowable A.M. Peak P.M. Peak Non- Building Numberof Hour Trip Hour Trip Residential Square High -Rise Budget Budget FAR Footage Residential Units Pacific Arts Plaza Sub -Area 1 (18.19 acres) Option 1 1.461.2 1,160,528 sq. ft.2 180 2,1113 2,150 Option 2 1.551 1,227,978 sq. ft. 0 2,133 2,150 Segerstrom Center for the Arts Sub -Area 2 (11.21 acres) 1.675 815,285 sq. ft. 80 283 1,029 Segerstrom Town Center Sub -Area 3 (24.5 acres) Option 1 1.882 2,015,195 sq. ft.2 275 2,7293 3,453 Option 2 1.98 2,118,550 sq. ft. 0 2,764 3,453 TOTAL SOUTH COAST PLAZA TOWN CENTER Option 1 1.702 3,991,008 sq. ft.2 535 5,1233 6,632 Option 24 1.775 4,161,813 sq. ft. 80 5,180 6,632 1. Maximum floor area ratio calculation includes land dedicated or reserved for right-of-way for the Avenue of the Arts off -ramp and associated flood control improvements. 2. This maximum FAR and building square footage may be increased to no more than the Option 2 FAR and building square footage in direct relation to the decrease in the maximum number of high-rise residential units. 3. This maximum peak hour trip budget may be increased to no more than the Option 2 peak hour trip budget in direct relation to the decrease in the maximum number of high- rise residential units. 4. This alternative includes the 80 high-rise residential units associated with the museum site in Segerstrom Center for the Arts Sub -Area 2. 5. This maximum FAR may not be increased if the 80 -unit residential component is not constructed in conjunction with art museum/art academy in Sub -Area 2. Updated February 2001; January 2007; September 2011 Costaa Mesa North Costa Mesa Specific Plan Pacific Arts Plaza Sub -Area 1: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area, 180 residential high-rise residential units may be constructed at the southwest corner of Park Center Drive and Anton Boulevard in conjunction with the demolition of the existing office building. This would result in a maximum non-residential floor area ratio of 1.46 with a maximum number of 180 high-rise residential units on 1.3 acres that equals 138 units per acre (Option 1 shown in Table 5A). This maximum non- residential FAR and building square footage may be increased to no more than the Option 2 non-residential FAR of 1.55 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option, the maximum allowable non-residential square footage for this sub -area is 1,227,978 square feet with a corresponding FAR of 1.55; see Option 2 in Table 5A. For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage and associated floor area ratio. As shown in Table 5A, the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units. Unbuilt entitlements for this sub -area are shown in Table 5B and Figure 14A & 14B. Segerstrom Center for the Arts Sub -Area 2: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area, 80 residential high-rise residential units may be constructed at the vacant southwest corner of Avenue of the Arts and the Pedestrian Plaza in conjunction with the new art museum/academy building. For this sub -area, the maximum allowable floor area ratio is 1.67 and the maximum allowable number of dwelling units is 80 units. Unlike, Sub -Areas 1 and 3, if the 80 -unit residential component is not constructed in conjunction with the art museum/academy or fewer than 80 units are constructed, than the maximum allowable non-residential floor area ratio for this sub -area will not increase proportionately. The trip budget for this sub -area is 283 a.m. peak hour trips and 1,029 p.m. peak hour trips. Unbuilt entitlements for this sub -area are shown in Table 5B and Figure 14A & 14B. Segerstrom Town Center Sub -Area 3: GP -06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area on 3.3 acres the following unbuilt entitlements have been approved: • 200 -key hotel (220,000 sci t.) and 50 residential units at 3400 Bristol Street. at 3420 (225 units) at 3420 Bristol Street. Updated July 2000; July 2002; January 2007, September 2011 Forma 0.25" t Costa. Mesi North Costa Mesa Specific Plan 19R Gf EIR eX16t1Rg effiGe t'�^�Tln order to be fully implemented these entitlements require the demolition of the former theater uses (31,500 square feet) which have been demolished and the existing office uses of 84,025 square feet..This would result in a maximum ltorma non-residential FAR of 1.88 with a maximum number of 275 high-rise residential units (Option 1 in Table 5A) in this sub -area. This maximum non-residential FAR and building square footage may be increased to no more than the Option 2 non- residential FAR of 1.98 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option in any form, the maximum allowable non-residential building square footage for this sub -area would be 2,118,550 square feet with a corresponding FAR of 1.98, AM Peak Hour trio budget (2,764 trips), PM Peak Hour trip budget (3,453 trips).- This is the Option 2 development scenario shown in Table 5A. and Fg ine ' ^ A 4 ' ^R. Table 5A/Option 2 describes the maximum buildout potential for the Segerstrom Town Center for commercial development The existing buildings may be demolished and the propertv may be redeveloped provided that the specified maximum allowable standards for nonresidential development as shown in Table 5A are not exceeded For example the single -story (with mezzanine) Park Tower annex building (32,316 square feet) on Town Center Drive may be demolished and new construction may occur within the Segerstrom Town Center area as described in Table 5A. For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage, and associated floor area ratio. As with the maximum FAR and building square footage, the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units. 1 -Inbuilt eltitlements fbF this sub area . Fe shnwn ,,, T.;bla 5Q. Table 5B and Figures 14A & 146 provide further detail and illustrations of the aatisipated Permitted development within each of the three sub -areas. Precise building uses, locations, and square footages will be determined in conjunction with final master plan approvals for the SCPTC._ Preliminary and Final Master Plan Forma Title 13 of the Costa Mesa Municipal Code sets forth the processino procedures for preliminary and final master plans. Unbuilt entitlements and other proposed development shall require approval of a final master plan by the Planning Commission or other final review authority as indicated in the Zoning Code Proposed development may be constructed in a variety of mixed-use or nonresidential development scenarios subject to Updated July 2000; July 2002; January 2007, September 2011 Costa Mesa North Costa Mesa Specific Plan master plan approval and conformance with the North Costa Nlesa Specific Plan Land Use Compatibility/Integration The remaining 1.64 -acre parcel located adjacent to the Renee and Henry Segerstrom Concert Hall on Avenue of the Arts is in a well-defined urban area. A 140,000 square -foot museum and 80 high-rise residential units are approved for this site. T4eSegerstrom Hall South Coast Repertory, Renee and H^^„, cegerstFe ., r,,.,GeO Hall, Samueli Theater, and Plaza Tower are also in the immediate vicinity. Future development of the museum site should be complementary to these surrounding developments, and where possible, linked physically by sidewalks and open space/greenbelts. Anticipated development for this area is detailed in Table 5B and Figure 14A & 14B. Street level and pedestrian appeal should also be taken into account during site design. The site design should also consider The Lakes apartments located across Avenue of the Arts, so as to not cause significant shade or shadow impacts. Pedestrian -oriented directional signage should be added within the existing 3 -acre open space easement in Town Center. Signage should be placed at key entry points, particularly adjacent to the hotel, to guide pedestrians to the various attractions. Building Heights Building heights shall be limited to 315 feet above grade level. Buildings above 173 feet above grade level in height will require a Federal Aviation Agency (FAA) determination of no hazard. Updated July 2000; JUly 2002; January 2007, September 2011 W z Z LU9 _. ac x E C r m W W $ G J Q C C R II iii —J it J, m j `L�y S1aV 3H1 U E ao E c v t C C X X m K j j I � _ LL is talsjaa ------� � i=• R to C m C +•' Y U Q, L i i eR :1.__.— �• r+ a+ t4 i6 ++ ' i f _ ai 0 m — --V 4) a a a a m ace g, SUNFLOWER AVE LEGEND Q Future Development Area South Coast Plaza Town Center No'.e. See Table 53 for projec' in€orma. on Conceotua l Location of Future Projects ti p wsr a =SA North Costa Mesa Specific Plan Table 5B- Statistical Summary of Unbuilt SCPTC Components as of 2006 North Costa Mesa Specific Plan Map Unbuilt Entitlements Slated for New Construction Maximum Key Approved prior to Demolition Approved in 2006 Building 2006 (sq. ft.) (GP -06-02) Height (above grade level) Segerstrom Town Center Sub -Area 3 E. Hotel -200 -key 2 theaters 200 -key hotel (220,000 sq. 315 ft. agl (220,000 sq. ft.) (31,500 square ft.) and a maximum of 50 3400 Bristol Street feet) high-rise residential units in 84,025 sq. ft. a mixed-use development F. Office A. 336,525 sq. ft. office OR 315 ft. agl 336,525 sq. ft. office building B No thAAMaximum 3420 Bristol Street 233,170 sq. ft. office and no more thapmaximum 225 residential high- rise units in a mixed-use development. Source: City of Costa Mesa May 2006, North Costa klesa High Rise Residential Proiects Program Environmental Impact Report (SCH# 2006011077) Updated July 2000; July 2002; January 2007, September 2011 Costa Mesa Circulation North Costa Mesa Specific Plan The street network for this sub -area is in place. However, the Master Plan of Bikeways indicates a new bikeway on Avenue of the Arts and Sakioka Drive. The widening of the Bristol Street interchange with the 1-405 is completed. Figure 9 indicates one urban rail alignment to the east of the project site. Parks and Recreation As stated in Section 2, Development Setting, the 3 -acre open space/greenbelt easement boundaries were reconfigured and slightly expanded in 2001. In addition, it was secured as part of GP -00-02, as a permanent private open space area in Segerstrom Town Center and Segerstrom Center for the Arts. Also, in conjunction with the Pacific Arts Plaza approval of GP -00-02, the property owner is to preserve and maintain the California Scenario sculpture garden substantially in accordance with its existing configurations and function, commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden. In conjunction with high-rise residential projects, private on-site recreational amenities shall be provided to serve the high-rise residents. These amenities may be located on the ground level, rooftop, and/or on a podium. Theater and Arts District Plan A Theater and Arts District (TAD) Plan was prepared in conjunction with the development of Town Center. The TAD Plan details the strategy to foster and enhance a unified look and feel for the area. Entry and monument signs, and other signs identifying the Theater and Arts District prominently include the name of the City. The plan addresses public access and parking fee restrictions for SCPTC parking structures for patrons of the cultural arts facilities, and the financing mechanisms for public street amenities. The TAD Plan is included as Appendix D. Parking Although the project area is composed of multiple ownerships, the parking demand analysis for SCPTC has always considered the project as a single development. Specifically, parking need not be located on the same parcel as the building for which it is required; all parking facilities are to be available to employees and visitors of all South Coast Plaza Town Center uses. Consistent with the historical analysis of parking demand for this project, any future parking studies need to continue to examine the South Coast Plaza Town Center as a single project. Persons who are residents of the City of Costa Mesa attending a cultural arts venue during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent Updated July 2000; July 2002; January 2007, September 2011 Costa Mesa North Costa Mesa Specific Plan (50%) off the price for parking otherwise applicable to the general public. For the high- rise residential units, the following parking rate range shall be appropriately applied to the residential development in conjunction with approval of any residential final master plan. The parking rate shall take into consideration the shared parking arrangements that exist in the South Coast Plaza Town Center. Tenants: 1.5 to 2.0 parking spaces per unit Guests: 0.5 parking spaces per unit for the first 50 units and 0.25 parking spaces for each unit above 50. Furthermore in the final master plan for any high-rise residential development, consideration may be given to the feasibility of valet parking, tandem parking, and mechanical lift parking devices in order to fully meet the residential parking demands. Updated July 2000; July 2002; January 2007, September 2011 EXHIBIT 2 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DRAFT ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT NO. DA -00-02 FOR SEGERSTROM TOWN CENTER THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa, California, does hereby find and declare as follows: 1. On or about March 5, 2001, the City Council of the City of Costa Mesa adopted Ordinance No. 01-14 approving Development Agreement DA -00-02 for the Segerstrom Town Center Project. 2. The parties to said Development Agreement have subsequently determined that certain provisions of the Development Agreement require amendment. 3. Public hearings have been held before this City Council pursuant to the procedures described in Council Resolution No. 88-53. At these hearings, the City Council considered the evidence, the testimony presented by the public, and the Planning Commission's recommendation regarding the proposed First Amendment to Development Agreement DA -00-02 between the City of Costa Mesa and South Coast Plaza, a California general partnership ("Owner") 4. The Second Amendment to the Development Agreement between the City of Costa Mesa and Owner: (a) Is consistent with the General Plan and the North Costa Mesa Specific Plan; (b) Is compatible with the uses authorized in, and the existing land use regulations prescribed for, the zoning districts in which the real property covered by the Amendment to the Development Agreement are located; and (c) Is in conformity with and will promote the public necessity, and public convenience, general welfare, and good land use practices. 5. The Second Amendment to the Development Agreement will not: (a) Be detrimental to the public's health, safety and general welfare; nor (b) Adversely affect the orderly development of the property. 6. The Second Amendment to the Development Agreement will promote and encourage the development of the proposed project by providing stability and certainty to the Owner, and will provide to the City and its citizens the public benefits promised in the Development Agreement and subsequent Amendments thereto. 7. The Second Amendment to the Development Agreement has been reviewed for compliance with the California Environmental Quality Act (CEOA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt. Section 2. The City Council hereby approves, adopts and enters into the Second Amendment to the Development Agreement in the form attached hereto and incorporates the Second Amendment herein by this reference. Upon execution of the Second Amendment by all parties, the City Clerk is directed to record the Second Amendment pursuant to the City of Costa Mesa Development Agreement Procedures and Requirements. Section 3. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA 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 of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of 2015 Mayor of the City of Costa Mesa Second Amend to Town Center Dev Agreement DRAFT 7_' RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF COSTA MESA 77 Fair Drive Costa Mesa, CA 92626 Attn: CITY Clerk (Space Above This Line for Recorder's Use) This Second Amendment to the Development Agreement for Segerstrom Town Center is recorded at the request and for the benefit of the CITY of Costa Mesa and is exempt from the payment of a recording fee pursuant to Government Code § 6103 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER by and between CITY OF COSTA MESA and SOUTH COAST PLAZA DA -00-02 Ordinance No. 01-4 SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER (the "Amendment") is executed this day of 2015, by and between The City of Costa Mesa, a Municipal Corporation of the State of California ("City"), South Coast Plaza, a California general partnership ("SCP"), and One Town Center Associates, a California general partnership ("OTCA" and together with SCP, "Owners"), with respect to the following: RECITALS A. City and SCP entered into that certain Development Agreement for Segerstrom Town Center executed as of March 5, 2001 (the "Original Agreement"), as amended by that certain First Amendment to the Development Agreement for Segerstrom Town Center executed April 5, 2004 (the "First Amendment"). The Original Agreement and First Amendment were recorded in the Official Records of Orange County, California as Instrument Nos. 20010281648 and 2004000686075, respectively, and are herein referred to together as the "Development Agreement." The Development Agreement provides for development within Town Center, as that term is defined in the Original Agreement. OTCA is an affiliate of SCP and successor in interest from SCP to certain property in Town Center. B. City and Owners desire to amend the Development Agreement to extend its term and to ensure that it includes and references certain changes to accord with changes in the North Costa Mesa Specific Plan approved by the City. C. This Amendment was approved by City of Costa Mesa Ordinance No. adopted by the City Council on 2015, after the public notice and public hearings required by law. The parties have executed this Amendment on the date indicated above after the effective date of this Ordinance. AGREEMENT IN CONSIDERATION OF the foregoing Recitals, and for good and valuable consideration, City and Owner agree as follows: 1. Effective Date of Amendment. The effective date of this Amendment shall be the date this Amendment was executed by the parties as indicated in the opening phrase of this Amendment prior to the Recitals. 2. Duration of Agreement. The Development Agreement is hereby extended and shall be operative and continue until that date which is twenty (20) years from the effective date of this Amendment (the "New Expiration Date"). To that end, the first sentence of Section 3.2 of the Development Agreement is hereby amended in its entirety to read as follows: "This Agreement shall be operative commencing on the Effective Date and continue thereafter until the New Expiration Date, unless otherwise extended by the Parties, subject to earlier termination upon the completion, performance and discharge of all obligations hereunder." 3. Definitions. The following terms in the Development Agreement shall have the definitions as set forth below, which shall replace any previous definitions of the same term in the Development Agreement.: a. "Property" shall mean that certain property generally located along Bristol Street between Anton Boulevard and Sunflower Avenue as more fully described in Exhibit "AA" and shown in the map set forth on Exhibit `BB" both attached hereto. b. "STC Project" shall mean the development of the Property pursuant to the Existing Land Use Regulations, Existing Development Approvals, the TAD Plan, the Future Development Approvals, and the terms of this Agreement. The STC Project may include non-residential (i.e. office, hotel, restaurant, retail and cultural uses) and residential uses as more specifically described in the Existing Land Use Regulations. C. "Existing Development Approvals" and "Existing Land Use Regulations" shall be as defined in the Original Agreement except that all references to the City's General Plan and the North Costa Mesa Specific Plan included therein shall mean the General Plan and North Costa Mesa Specific Plan in effect as of the effective date of this Amendment. In addition, if both City and Owner subsequently agree in writing to amend the Development Approvals or Land Use Regulations at some future date, the term "Existing Development Approvals" or "Existing Land Use Regulations," as applicable, shall mean the Development Approvals or Land Use Regulations in effect as of the effective date of such subsequent amendment (which the parties shall endeavor to reflect in an updated Exhibit "D" to the Development Agreement prepared and exchanged between the parties). 4. Future Design. Precise building uses, locations, square footages and designs for the STC Project will be determined in conjunction with Future Development Approvals. To that end, (a) references in the Development Agreement to a new office building at the corner of Bristol Street and Sunflower Avenue and a hotel at the intersection of Bristol Street and Anton Boulevard are illustrative only, and (b) Article IV of Exhibit "F" to the Development Agreement is deleted in its entirety from the Development Agreement. 5. FAR and Trip Budgets. The FAR and trip budget for the TTC Project, the SCA Project and the Balance of Town Center, as well as the overall FAR and trip budget for the entire Town Center area shall be as provided in the North Costa Mesa Specific Plan in effect as of the effective date of this Amendment and included in the Existing Development Approvals and Existing Land Use Regulations. Exhibit "G" to the Development Agreement is deleted in its entirety from the Development Agreement. 6. Original Agreement Amended and Conflicts. In the event of any conflict between the terms of this Amendment and the remainder of the Development Agreement, this Amendment shall control. Except as otherwise set forth herein to the contrary, all terms and provisions of the Development Agreement shall remain unamended and continue in full force and effect. This Amendment with the remainder of the Development Agreement shall be construed together and shall constitute one agreement. 7. Defined Terms. All capitalized terms used herein and not defined herein have the same meanings as set forth in the Development Agreement. 8. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall be deemed to constitute one instrument. It shall not be necessary that all signatories execute the same counterpart(s) of this Amendment for this Amendment to become effective. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Development Agreement for Segerstrom Town Center as of the date first above written. ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa I\��ti�yl ��7_�yLCi]➢Li77iil City Attorney, City of Costa Mesa SOUTH COAST PLAZA, a California general partnership By: C.J. Segerstrom & Sons, a California general partnership, Managing General Partner By: Henry T. Segerstrom Management LLC, a California limited liability company RN By: Alternate Manager AND By: HTS Management Co., Inc., a California corporation By: Senior Vice President 4 CITY OF COSTA MESA, A municipal corporation Mayor of Costa Mesa ONE TOWN CENTER ASSOCIATES, a California general partnership By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager By: OR Lo Alternate Manager AND By: HTS Management Co., Inc., a California corporation, Manager By: Senior Vice President ATTACHMENT Exhibit "AA" Legal Description of Property Parcels between Sunflower Avenue and Town Center Drive Parcels 1 and 2 of Lot Line Adjustment No. LL 2013-01, recorded on August 13, 2013, as Instrument No. 2013000478793 in the Official Records of the County Recorder of Orange County, California; and Parcels 5 and 6 of Parcel Map S-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official Records of the County Recorder of Orange County, California. Parcels between Town Center Drive and Anton Boulevard Parcel 1 of Parcel Map 81-379, as shown on a map filed in Book 164, Page 10 of parcel maps, in the Official Records of the County Recorder of Orange County, California; Parcels 1 and 2 as shown on a map filed in Book 12, Page 18 of parcel maps, in the Official Records of the County Recorder of Orange County, California; Parcels 1 and 2 of Parcel Map S-20-67, as shown on a map filed in Book 11, Page 32 of parcel maps, in the Official Records of the County Recorder of Orange County, California; and Parcel l of Parcel Map S-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official Records of the County Recorder of Orange County, California. Exhibit `BB" Map of the Property 7 ----------- Street -------- Street I �CD North Costa Mesa Specific Plan South Coast Plaza Town Center PUBLIC HEARING #1 LARGER PRINTED CHARTS 1. History of Amendments to Specific Plan 2. Table 5A — South Coast Plaza Town Center Sub -Area Statistics North Costa Mesa Specific Plan 3. Table 513 — Statistical Summary of Unbuilt SCPTC Components as of 2006 North Costa Mesa Specific Plan HISTORY OF AMENDMENTS TO SPECIFIC PLAN AMENDMENT # DATE OF ADOPTION DESCRIPTION OF AMENDMENT SP -98-04 April 19, 1999 Created a site-specific FAR of 0.72 for South Coast Metro Center (Area 6). SP -99-02 July 3, 2000 Increased the site-specific FAR to 0.79 for South Coast Metrc Center (Area 6). SP -00-01 February 5, 2001 Created a new Cultural Arts Center designation and corresponding FAR of 1.77 for South Coast Plaza Town Center (Area 4). SP -00-02 November 19, 2001 Increased the size of Area 1, and amended land use designations, floor area ratio, and trip budgets for Segerstron Home Ranch (Area 1) SP -02-01 July 1, 2002 Updated regulations to be consistent with 2000 General Plan SP -03-02 November 17, 2003 Amended acreage and building square footage allocation in Area 1 sub -areas. SP -03-01 February 2, 2004 Incorporated the Theater and Arts District Plan into the plan. SP -06-01 March 27, 2006 Amendment to the Theater and Arts District Plan regarding financing. SP -06-02 January 16, 2007 Amendment to allow high-rise residential development in Sub -areas 4, 5, and 6 in this specific plan. SP -07-01 November 20, 2007 Amendment to allow high-rise residential development for Wyndham Boutique Hotel / High -Rise residential project at 3350 Avenue of Arts, Area 5. SP -11-01 September 20, 2011 Amendment to Sakioka Lot 2 Table 5A- South Coast Plaza Town Center Sub -Area Statistics North Costa Mesa Specific Plan Maximum Maximum Non- Maximum Maximum Maximum Allowable Residential Allowable A.M. Peak P.M. Peak Non- Building Number of Hour Trip Hour Trip Residential Square High -Rise Budget Budget FAR Footage Residential Units Pacific Arts Plaza Sub -Area 1 (18.19 acres) Option 1 1.461,2 1,160,528 sq. ft. 2 180 2,1113 2,150 Option 2 1.55' 1,227,978 sq. ft. 0 2,133 2,150 Segerstrom Center for the Arts Sub -Area 2 (11.21 acres) 1.675 815,285 sq. ft. 80 283 1,029 Segerstrom Town Center Sub -Area 3 (24.5 acres) Option 1 1.882 2,015,195 sq. ft.2 275 2,7293 3,453 Option 2 1.98 2,118,550 sq. ft. 0 2,764 3,453 TOTAL SOUTH COAST PLAZA TOWN CENTER Option 1 1.702 3,991,008 sq. ft. 2 535 5,1233 6,632 Option 24 1.775 4,161,813 sq. ft. 80 5,180 6,632 1. Maximum floor area ratio calculation includes land dedicated or reserved for right-of-way for the Avenue of the Arts off -ramp and associated flood control improvements. 2. This maximum FAR and building square footage may be increased to no more than the Option 2 FAR and building square footage in direct relation to the decrease in the maximum number of high-rise residential units. 3. This maximum peak hour trip budget may be increased to no more than the Option 2 peak hour trip budget in direct relation to the decrease in the maximum number of high- rise residential units. 4. This alternative includes the 80 high-rise residential units associated with the museum site in Segerstrom Center for the Arts Sub -Area 2. 5. This maximum FAR may not be increased if the 80 -unit residential component is not constructed in conjunction with art museum/art academy in Sub -Area 2. Table 5113- Statistical Summary of Unbuilt SC PTC Components as of 2006 North Costa Mesa Specific Plan Map Unbuilt Entitlements Slated for New Construction Maximum Key Approved prior to Demolition Approved in 2006 Building 2006 (sq. ft.) (GP -06-02) Height (abovegrade level) Segerstrom Town Center Sub -.Area 3 _ Hotel -200 -key 2 theaters 200 -key hotel (220, 00 sq. 315 ft_ @W (2211,000 sq_ ft_) (31,500 square ft_) and a maximum of 50 3400 Bristol Street feet) high-rise residential units in 04,025 sq_ ft_ a mixed-use development F_ office A_ 336,525 sq. ft. office OR 315 ft. gl 336,525 sq. ft. office building B. Maximum 233,170 sq. 3420 Bristol Street ft. office and maximum 225 residential high- rise units in a mined -use development.. �OLrclsu: City of Costa Mesa May 2006, North Costa Mesa High Rise Residential Projects Prod:{an} Environmental Impact Report (SCH 2006011077)_ Cl T Y COUNCIL A GENDA REPORT MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: PH -2 SUBJECT: PUBLIC HEARING FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT 752 WEST 19TH STREET DATE: OCTOBER 8, 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 RECOMMENDATION: Adopt Resolution ordering the vacation of excess Right -Of -Way at 752 West 19th Street (Attachment 1). 2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2). BACKGROUND: On September 15, 2015, the City Council adopted Resolution 15-51 declaring its intention to order the vacation of excess right-of-way at 752 West 19th Street, and setting this public hearing (Attachment 3). This portion of West 19th Street is adjacent to the property at 752 West 19th Street (Attachment 4). This vacation of right-of-way is being requested by the property owner, SGRE W19th Investors LLC in conjunction with the proposed development of a 5 -unit live/work development. On August 10, 2015, a report was presented to the Planning Commission outlining the proposed vacation as required by Government Code Section 65402. Subsequently, the Planning Commission adopted Resolution No. PC -15-46 (Attachment 5) finding that the proposed vacation of excess right-of-way at 752 West 19th Street is consistent with the City's General Plan. ANALYSIS: West 19th Street is currently designated on the Master Plan of Highways as a primary street. At this location, 19th Street has a full right-of-way width of 106 feet with an excess of 12.5 feet of right-of-way on both sides of the street (total of 25 feet excess right-of-way). Staff has determined the vacation of this excess right-of-way will neither impede pedestrian access nor will it preclude the full development of the City's Bicycle Master Plan. The request to vacate 12.50 feet would allow for an 8.50 foot parkway for contiguous pedestrian access (Attachment 6). A corner cut-off would remain as required per City's standard for handicap ramps. Currently, there are no public improvements constructed within the subject excess right-of-way. After the proposed vacation is approved and recorded, the subject vacated property will revert back to the adjacent property at 752 West 19th Street (the underlying fee owner, SGRE W19th Investors LLC). The property has been posted and notices of this public hearing were published as required by the Resolution. Staff has prepared the attached Resolution ordering the vacation of excess right- of-way (Attachment 1). Staff also recommends that a Quitclaim Deed be executed relinquishing the City of any interest in said excess right-of-way (Attachment 2). ALTERNATIVES CONSIDERED: The City could retain the excess right-of-way and continue to be responsible for the liability of the easement area which does not encompass public street structures nor does it serve any public use. FISCAL REVIEW: Once the area is vacated it becomes taxable square footage, resulting in additional property taxes to the adjacent property owner to which the land will revert. This will result in additional revenue to the City. LEGAL REVIEW: The City Attorney's Office has approved the attached Resolution as to form. CONCLUSION: Staff recommends that the City Council adopt the Resolution ordering the vacation of excess right-of-way at 752 West 19T" Street. In addition, staff recommends that the City Council authorize execution of the Quitclaim Deed by the Mayor and the City Clerk ERNESTO MUNOZ FARIBA FAZELI Public Services Director City Engineer Attachments: 1. Resolution ordering the vacation of a portion of West 19t-" Street 2. Quit Claim Deed 3. Resolution No.15-51 4. Site Plan 5. Resolution PC -15-46 6. Proposed vacation exhibit DISTRIBUTION: Chief Executive Officer Assistant CEO Economic & Dev. Director/Deputy CEO City Attorney City Clerk FA Attachment 1 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF WEST 19TH STREET AT 752 WEST 19TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa did, on the 15TH day of September, 2015, adopt Resolution No. 15-51, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF EXCESS RIGHT-OF-WAY AT 752 WEST 19TH STREET; AND WHEREAS, pursuant to said Resolution of Intention, the time and place for hearing all persons interested in or objecting to the proposed vacation was set for Tuesday, the 20th day of October, 2015, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California; and WHEREAS, notices of said proposed vacation were duly and regularly posted as required by law, all pursuant to the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, on said date of hearing, the proposed vacation came on regularly to be heard; all persons appearing on the proposed vacation were heard; and said hearing was closed on the 20th day of October, 2015; and WHEREAS, the original 1980 dedication is in excess of the final alignment of West 19th Street. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the excess land to the underlying fee owner. The street being vacated is not useful as a nonmotorized transportation facility, is unnecessary for present or future public use, and the vacation serves the public interest and is a public benefit. WHEREAS, the Costa Mesa City Council finds and determines from all the evidence submitted that the hereinafter described right-of-way is unnecessary for present or prospective street purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDER AND RESOLVE AS FOLLOWS: 1. That the hereinafter described right-of-way is unnecessary for present or prospective street purposes: All as more particularly described in legal description shown in Exhibit "A" and on map shown in Exhibit "B", attached hereto and by this reference made a part hereof. PASSED AND ADOPTED this 20th day of October, 2015. ATTEST: BRENDA GREEN, City Clerk STEVE MENSINGER, Mayor APPROVED AS TO FORM Tom Duarte, Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 15- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of October, 2015, by the following roll call vote: AYES: NOES: 2 ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 21St day of October, 2015. BRENDA GREEN, City Clerk 3 EXHIBIT "A" ROAD VACATION LEGAL DESCRIPTION APN 422-271-20 THAT PORTION OF THE EAST 50.00 FEET OF LOTS 39 & 40, BLOCK E, TRACT NO. 612, "COSTA MESA TERRACE", IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 20, PAGE 1-2, MISCELLANEOUS MAPS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST 50.00 FEET OF LOTS 39 & 40, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY OF WEST 19 th STREET, HAVING A HALF WIDTH OF 53.00 FEET; THENCE N 89°28'00" E, ALONG THE SOUTH LINE OF SAID 50.00 FEET OF LOTS 39 & 40, AND SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 35.00 FEET; THENCE N 44028'00" E, A DISTANCE OF 21.21 FEET TO A POINT ON THE EAST LINE OF SAID EAST 50.00 FEET OF LOTS 39 & 40, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY OF WALLACE AVENUE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE S 00°32'00" E, PARALLEL AND 30.00 FEET WEST OF THE CENTERLINE OF WALLACE AVENUE, A DISTANCE OF 12.00 FEET; THENCE S 43031'39" W, A DISTANCE OF 21.57 FEET TO A POINT ON A LINE 40.50 FEET NORTH AND PARALLEL WITH THE CENTERLINE OF WEST 19 th STREET; THENCE S 89028'00" W, ALONG SAID PARALLEL LINE, A DISTANCE OF 35.00 FEET TO THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID EAST 50.00 FEET OF LOTS 39 & 40; THENCE N 00032'00" W, A DISTANCE OF 12.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 621.25 SQ. FT. THIS LEGAL DESCRIPTION WAS PREPARED BY ME �0PNf) N � EXP.12/31/1 DAVID B. WARREN, LS 8244 DATEU'�, No. 8244 `Q EXPIRES 12/31/2015 9TH OF C�_ EXHIBIT B ROAD VACATION a ! N 89028'00" E 50.00' 35.00- S THE EAST 50 FEET OF LOTS 39 & 40, BLOCK E, TRACT NO. 30' 612, "COSTA MESA C/) Z TERRACE", PER BK. S 0 20, PAGE 1-2, MM coo w o N APN 422-271-20 0 J O N $ P.O.B.N 44°28'00 " E 21.21' N 89028'00" E 5.00' 35.00- 35.00'S 89028'00"W cn � cs o WEST 19th STREET INDICATES VACATION AREA (621.25 SO. FT.) THIS PLAT WAS PREPARED BY ME DAVID B. WARREN, LS 8244 EXPIRES 12/31/2015 DATE / LAND SG EXP.12/31/15 No. 8244 4 9�F OF r'AL'�FD�� Recording Requested by CITY OF COSTA MESA When Recorded Mail to: CITY OF COSTA MESA Attention - City Clerk P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628-1200 Mail Tax Statements to: Owner (s) of Record AP N : 422-271-20 TCA: 15-006 Location: 752 West 19th Street Requested per QUITCLAIM DEED Attachment 2 Deed No 3831 THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE GOVERNMENTAL AGENCY EXEMPT CITY OF COSTA MESA Exempt Recording Government Code 6103 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Costa Mesa, a Municipal Corporation do/does hereby remise, release and forever quitclaim to SGRE W 191h INVESTORS LLC the following described real property subject to reversion rights as recognized by State and local law, in the City of Costa Mesa, County of Orange, State of California: SEE RESOLUTION NO.15-__, ADOPTED OCTOBER 20, 2015 AS INSTRUMENT NO. 2015000 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY, CALIFORNIA, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF THE SUBJECT PROPERTIES. City Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa Attachment 3 RESOLUTION NO. 15-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF WEST 19TH STREET AT 752 WEST 19TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby declare its intention to vacate a portion of its interest in West 19TH Street at 752 West 19th Street, being more particularly described in Exhibit A and B attached hereto. The original 1980 dedication is in excess of the final alignment of West 19th Street. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the excess land to the underlying fee owner. The vacation will benefit the neighborhood with the improvements. SECTION 2. On Tuesday, the 20th day of October, 2015, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. SECTION 3. These proceedings shall be conducted pursuant to the provisions of Section 8300 et seq, of the Streets and Highways Code of the State of California, and any other applicable laws. SECTION 4. The City Chief Executive Officer of the City of Costa Mesa is hereby directed to cause notices of the said proposed vacation to be conspicuously posted along said strip of land for at least two (2) weeks before the date of said hearing. Resolution No. 15-51 Page 1 of 2 Said notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted.. SECTION 5. This Resolution shall be published twice in a newspaper of general circulation, printed and published in the City of Costa Mesa, Orange County, California. PA,WD AjrD ADOPTED this 15th day of September, 2015. Stephen Ilnsinger, Mayor ATTEST: Brenda Green, - 'ty Clerk STATE OF CALIFORNIA y COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED..AS TO FORM: Thoma` Uuar 6, pity Attorney 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. 15-51 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of September, 2015, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Monahan, Righeimer, Mensinger Foley, Genis None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 161h day of September, 2015. Brenda Green, Ci# Clerk (SEAL) Resolution No. 15-51 Page 2 of 2 EXHIBIT "A" ROAD VACATION LEGAL DESCRIPTION APN 422-271-20 THAT PORTION OF THE EAST 50.00 FEET OF LOTS 39 & 40, BLOCK E, TRACT NO, 612, "COSTA MESA TERRACE", IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOB 20, PAGE 1-2, MISCELLANEOUS MAPS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST 50.00 FEET OF LOTS 39 & 40, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY OF WEST 19 th STREET, HAVING A HALF WIDTH OF 53,00 FEET; THENCE N 89"28'00" E, ALONG THE SOUTH LINE OF SAID 50.00 FEET OF LOTS 39 & 40, AND SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 35.00 FEET; THENCE N 44°2$'00" E, A DISTANCE OF 21.21 FEET TO A POINT ON THE EAST LINE OF SAID EAST 50.00 FEET OF LOTS 39 & 40, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY OF WALLACE AVENUE, HAVING A HALF WIDTH OF 30.00 FEET; THENCE 5 00032'00" E, PARALLEL AND 30.00 FEET WEST OF THE CENTERLINE OF WALLACE AVENUE, A DISTANCE OF 12.00 FEET; THENCE S 43631'39" W, A DISTANCE OF 21.57 FEET TO A POINT ON A LINE 40.50 FEET NORTH AND PARALLEL WITH THE CENTERLINE OF WEST 19 th STREET; THENCE S 89"28'00" W, ALONG SAID PARALLEL LINE, A DISTANCE OF 36.00 FEET TO THE. SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID EAST 50.00 FEET OF LOTS 39 & 40; THENCE N 00°32'00" W, A DISTANCE OF 12,50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 621.25 SO. FT. THIS LEGAL DESCRIPTION WAS PREPARED BY ME yp A© �-✓ �r EXP. 2!31/15 DAVID B, WARREN, LS 9244 DA1 E (P No. 8244 EXPIRES 1713112015,. IMA EXHIBIT B ROAD VACATION r Ia I N 89028'00" E 50,00' INDICATES VACATION AREA (621,25 SO. FT.) THIS PLAT WAS PREPARED BY ME �DJb��— -,L�v DAVID B, WARREN, LS 8244 EXPIRES 12/31/2015 DATE 30' a EXP.21] 31,95 No. 8244 t I► ;44 f THE EAST 50 FEET OF LOTS 39 & 40, 4 -- BLOCK E, TRACT NO, 612, "COSTA MESA C13 z TERRACE", PER 6K. $ 20, PAGE 1-2, MM w C, 9 m APN 422-271-20 rn o Q J � P,O.B.- N 44°28'00" E 0 n� 21.21' - N 89028'00" E 35.00' 03 - - --- -- - - - _ 35,00' S 89"28'00" W iLn WEST 19th STREET INDICATES VACATION AREA (621,25 SO. FT.) THIS PLAT WAS PREPARED BY ME �DJb��— -,L�v DAVID B, WARREN, LS 8244 EXPIRES 12/31/2015 DATE 30' a EXP.21] 31,95 No. 8244 t I► ;44 f { a a Attachment 5 RESOLUTION NO. PC -15-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S VACATION OF A PORTION OF THE W. 19TH STREET RIGHT- OF-WAY, ADJACENT TO THE PROPERTY AT 752 W. 19TH STREET, IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2000 GENERAL PLAN, WILL SERVE THE PUBLIC INTEREST, AND IS A PUBLIC BENEFIT THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the Costa Mesa City Council adopted the City of Costa Mesa 2000 General Plan on January 22, 2002; WHEREAS, the Government Code of the State of California, Section 65402, provides in part that a local agency shall not acquire or lease real property nor abandon or dispose of any real property, nor construct a public building or structure in any county or city, until the location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan applicable thereto; WHEREAS, the City of Costa Mesa proposes to vacate a portion of the W. 19th Street right-of-way, adjacent to the property at 752 W. 19th Street, as shown in Exhibit B; WHEREAS, the excess right-of-way being vacated has been found by the Engineering and Transportation Divisions to not be necessary for any present or future motorist and non -motorist use, and as such, the vacation serves the public interest and is a public benefit as it eliminates any maintenance costs and liabilities imposed on the City associated with the excess right-of-way area; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the vacation is exempt from the provisions of the California Environmental Quality Act under section 15312 (Class 12), Surplus Government Property Sales, because the portion of the right-of-way to be vacated is not located on a parcel of land in an area of statewide, regional, or area wide concern; WHEREAS, on August 10, 2015, the Costa Mesa Planning Commission reviewed the proposed vacated excess W. 19th Street right-of-way and findings; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission does hereby find the proposed vacation of a portion of the W. 19th Street right-of-way, adjacent to the property located at 752 W. 19th Street, to be in conformance with the City of Costa Mesa 2000 General Plan, will serve the public interest, and is a public benefit. PASSED AND ADOPTED this 10th day of August 2015. Robert L. Dickson, Chair Costa Mesa Planning Commission STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on August 10, 2015, by the following votes: AYES: Dickson, Mathews, McCarthy, Sesler, Andranian NOES: None ABSENT: None ABSTAIN: None Claire L. Flynn, Secretary Costa Mesa Planning Commission 752 W. 19th Street 0 e = Existing Street Right-of-way 752 West 19th Street Public Hearing Posting 10/05/15 RESOLUTION 15-51 1919 Wallace Av. North. of 19th St. Looking South 1915 Wallace Av. Looking South 752 19th St. on Wallace Av. looking North An 752 W. 191h ST. looking N. East 752 W. 1911 ST. looking N. West 766 West 19th St Looking East 1912 Wallace Ave. looking North W 728 W. 19t' St. looking west 759 W. 19t' Street looking East 744 W. 19t'' St.. looking. West Cl T Y COUNCIL A GENDA REPORT MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: IVB -1 SUBJECT: DISCUSSION OF CITY'S APPEAL FEES AND PROCEDURES FROM: DEVELOPMENT SERVICES DEPARTMENT / PLANNING DIVISION PRESENTATION BY: STEPHANIE ROXAS, ASSOCIATE PLANNER DATE: OCTOBER 8, 2015 FOR FURTHER INFORMATION CONTACT: STEPHANIE ROXAS, AICP (714) 754-5667 stephanie.roxas@costamesaca.gov RECOMMENDATION: Approve Council Policy regarding nonrefundable appeal fees and processing procedures. BACKGROUND: Pursuant to Title 2, Chapter IX, of the Municipal Code, decisions of the Zoning Administrator and Planning staff may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council. Appeals may be filed by any interested person with submittal of an appeal application and required fee. The following fees are currently in effect: Appeal of Zoning Administrator Decision $690.00 Appeal of Planning Commission Decision $1,220.00 In addition, decisions may be called up for review by either the Planning Commission or the City Council and no fee is charged. The review may be called for review because of a specific concern by the City Official or if an interested party (i.e., residents, businesses, property owners, applicant, etc.) contacts a Councilmember or Commissioner to request an appeal of the project on their behalf. The appeal/review period is 7 days after a decision is rendered. The following table summarizes the number of appeals filed in recent years. Appeal Body Total Appeals Appeals by Year 2015 2014 2013 2012 2011 2010 City Council 14 7 1 1 1 2 2 Planning Commission 7 4 2 1 0 0 0 On September 1, 2015, the City Council considered two requests for the refund of appeal fees for two different planning applications (ZA-15-01 and PA -14-41). A motion to refund half of the appeal fees to the appellants failed due to a tie vote, and consequently no action was taken. At the City Council meeting of September 15, 2015, Councilmember Foley requested that staff return with a discussion of the City's appeal fees and procedures, including a survey of other cities' policies as it relates to refunding appeal fees. DISCUSSION Current Policy for Appeal Fees: As noted, the cost to appeal a decision to the Planning Commission or City Council is $690 and $1,220 respectively. These costs are intended to be "revenue neutral" in that the fees are meant to cover the cost of City resources expended while preparing the item for review by the respective body. Costs include, but are not limited to, staff time required to research and prepare reports, noticing the public hearing in the newspaper, mailing public notices, and attending the public hearing. These costs are borne irrespective of the outcome of the appeal. Moreover, in most cases, the fee does not cover the actual staff time required to prepare the appeal. Currently, requests to refund appeal fees or waive the appeal filing fee are considered by the City Council on a case-by-case basis. The City does not have an adopted Council Policy related to refunding appeal fees. During the past few years, there have been two incidents that the fee was refunded to the appellant. On August 6, 2013, the City Council authorized a refund in the amount of $1,220 to Catalina Shorts Homeowners Association pertaining to the appeal of Planning Application No. PA - 13 -04, a request to construct a 14 -unit condominium development at 2157-2159 Tustin Avenue. The report and minutes are available online: Report: http://www. costamesaca.gov/ftp/council/agenda/2013/2013-08-06/CC-6.pdf Minutes: httD://www.costamesaca.aov/modules/showdocument.asDx?documentid=12586 On January 17, 2012, the City Council authorized a waiver to Al Morelli from the required $1,220 appeal fee pertaining to the appeal of Development Review No. DR -99-22 A2, a request to modify the winter holiday hours for Target Costa Mesa. The report and minutes are available online: Report: http://www.costamesaca.gov/ftp/council/agenda/2012/2012-01- 17/CC011712Appeal FeeWaiverTargetfinal. pdf Minutes: http://www.costamesaca.gov/modules/showdocument.aspx?documentid=12008 Survey of Orange County Cities: Staff surveyed select Orange County cities regarding appeal fees and requirements. The survey results are detailed below. In addition, staff contacted all cities in Orange County to review refund policies relating to appeal fees. The survey results are provided as Attachment 1; the City's appeal fee is among the lowest in the county. A total of 24 jurisdictions responded to the survey, and 87.5% of the respondents reported that the jurisdiction has not issued a full or partial refund of their appeal fees in the past two years or more. For the few cities that have issued a refund, the basis for the refunds included: The city requires a deposit for appeals, which are billed to the appellant on a timely basis. The deposit was not used in its entirety, so the remaining amount was refunded to the appellant. The appellant withdrew the appeal. The City Council called up the item in addition to the public so the appeal monies were returned to the member of the public. Based on the survey results, cities have not refunded fees incurred during the processing of an appeal. For example, no other city has refunded appeal fees due to the decision of the lower body being overturned. Survey of Select Orange County Cities Appeal Filing Fees Other #ofCC/PC City Appeal to Planning Appeal to City members needed Appeal/Review Commission ("PC") Council ("CC") to call up an item Period for review Newport Beach $4,575 $4,289 1 14 Days 10 Days for subdivisions Santa Ana Applicants $3,841 Applicants $3,841 Majority vote of 10 Days Non -applicants $382 Non -applicants $382 CC Huntington Beach $2,501 $3,383 1 10 Days Initial Fee $350 Anaheim Same fee as permit Minimum deposit: 2 10 Days being appealed $2,300 Billed at $181/hour Orange $1,000 Initial Deposit $1,000 Initial Deposit 1 15 Billed at hourly rate Billed at hourly rate Irvine $245 Initial Deposit $245 Initial Deposit 1 15 Days Billed at $128/hour Billed at $128/hour $2,000 $2,000 Mission Viejo (Single-family (Single-family 1 15 Days dwelling$1500 dwelling$1500 (1 (10 Days for subdivisions) Costa Mesa $690 $1,220 1 7 days Laguna Beach rep eats arbe CC onl $650* 1 (CC only) 14 Days *In Laguna Beach, only applicants or property owners within 300 ft. of the project site may file an appeal. ANALYSIS To develop a clear procedure relative to requests for refunding appeal fees, staff recommends the City Council adopt a written policy on appeal fees. After reviewing other cities' appeal procedures, the following conclusions were drawn: • No other city in Orange County refunds appeal fees. Most cities require a fee that reimburses the city for expenses incurred during the processing of an appeal. Accordingly, appeals are either: 1) Billed against a deposit at an hourly rate; or 2) The fee is set at an amount commensurate with the average appeal processing time. Staff evaluated the constraints of Costa Mesa's current informal policy on appeal fees and drafted a policy that strives to establish an orderly, efficient, and fair method for processing appeal fees. The draft Council Policy is provided as Attachment 2. The recommended policy establishes that appeal fees are non-refundable, and it clarifies other aspects of the appeal fee procedures to ensure a timely processing. STEPHANIE ROXAS, AICP Associate Planner Attachment: GARY ARMSTRONG, AICP Economic Development & Development Services Director / Deputy CEO 1. City Survey of Appeal Fee Refund Policies 2. Draft Council Policy cc: Chief Executive Officer Assistant Chief Executive Officer Economic Development & Development Services Director / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2) Answer Choices City 1 Jurisdiction: Appeal Fees ATTACHMENT 1 Respondent Information Responses 100.00 # City I Jurisdiction: Date 1 City of Huntington Beach 9/30/2015 4:02 PM 2 City of Irvine 9/29/2015 5:18 PM 3 Brea 9/28/2015 8:03 AM 4 Laguna Hills 9/25/20151:27 PM 5 County of Orange 9/22/20151:51 AM 6 Newport Beach 9/18/201510:47 AM 7 Santa Ana 9/1712015 4:25 PM 8 City of Orange 9/17/2015 10:49 AM 9 City of Vorba Linda 9/16/2015 9:57 AM 10 Buena Park 9/15/2015 4:15 PM 11 City of Westminster, CA 9/15/2015 3:02 PM 12 County of Orange 9/15/2015 10:22 AM 13 San Clemente 9115/2015 8:26 AM 14 City of San Juan Capistrano 9/15/2015 8:07 AM 15 City of Laguna Beach - 9/15/2015 758 AM 16 City of Los Alamitos 9/1412015 4:38 PM 17 City of Mission Viejo 9/14/2015 3:30 PM 18 Seal Beach 9/14/2015 2:32 PM 19 City of Laguna Niguel 9/14/2015 2:25 PM 20 Rancho Santa Margarita 911 4/2 01 5 12:59 PM 21 Anaheim 9/14/2015 12:55 PM 22 city of fountain valley 9/14/2015 12:02 PM 23 City of La Palma 9/14/2015 11:25 AM 24 City of Stanton 9/14/2015 11:05 AM is 24 Appeal Fees +:i z In the past 2 years or more, how frequently has your agency refunded the appeal fee to an appellant? 100% 80% 80% 40% 20% 0% Frequency of Issuing a Refund for Appeal Fees :yj Often M Sometimes a Never . N/A(Agency does not have appeal fees.) Often Sometimes Never N/A(Agency does not have appeal fees.) Total Frequency of Issuing a Refund for Appeal Fees 0.00% 12.50% 87.50% 0.00% 3 21 0 24 —7— Appeal Fees Q3 In the past 2 years or more, how frequently has your agency given a partial refund of an appeal fee? 100% 80% 60% 40% 20% 0% Frequency of Issuing a Partial Refund of Appeal Fees Often a Sometimes M Never a N/A(Agency does not have appeal fees.) Often Sometimes Never N/A(Agency does not have appeal fees.) Total Frequency of Issuing a Partial Refund of Appeal Fees 0.00% 12.50% 87.50% 0.00% 0 3 0 24 a M. 100% 80% 60% 40% 20% 0% Appeal Fees Q4 If appeal fees were refunded, please indicate the reason(s) for the refund by checking all that apply below. N/A The decision on Significant new Other (please the appeal information was describe below) application was presented. IN FAVOR of t... Answer Choices N/A The decision on the appeal application was IN FAVOR of the appellant. Significant new information was presented. Other (please describe below) Total Respondents: 18 # Other (please describe below) 1 Appeals are billed on a time basis to appellant. Council voted to refund significant portion of costs for an appeal initiated by area resident. 2 Refund deposit not used in its entirety. 3 City Council called up the item in addition to the public so the appeal monies were returned. 4 The City does not refund appeal fees. 5 The appellant withdrew the appeal 6 It is important to note that we have not had any appeals in the last two years. 7 Our appeal fees are not refundable. 8 Question does not apply. We haven't had an appeal. QZ Responses 61.11% 0.00% 0.00% 44.44% Date 9/29/2015 5:18 PM 9/16/2015 9:57 AM 9/15/2015 8:26 AM 9/15/2015 8:07 AM 9/15/2015 7:58 AM 9/14/2015 12:59 PM 9/14/2015 12:55 PM 9/14/2015 11:25 AM ATTACHMENT 2 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY POLICY NUMBER I EFFECTIVE DATE APPEAL FEE XXX -X X/XX/XX I 1 OF 1 PURPOSE The purpose of this policy is to establish procedures to process the fee for an appeal of a decision made by staff, the Zoning Administrator, or any Commission. BACKGROUND Appeal and review procedures are established in Title 2, Chapter IX of the Costa Mesa Municipal Code. Pursuant to Section 2-307, an application for appeal shall be accompanied by a processing fee in an amount determined by resolution of the City Council. The appeal fee is adopted by City Council based on a fee study. POLICY The City Council acknowledges that the processing fee for an appeal is intended to offset the cost of the staff time and resources expended during the preparation of an appeal for consideration by the final decision maker. To minimize costs to taxpayers where an appeal of a decision by the Planning Commission, Parks and Recreation Commission, Zoning Administrator, or staff is sought, the cost of processing an appeal shall be borne by the appellant. The appeal fee shall be remitted by the specified deadline by the appellant and shall be nonrefundable. PROCEDURE 1. The appeal fee amount shall be a flat processing fee adopted by City Council by separate resolution. 2. The appeal fee shall be remitted by the appellant along with a completed appeal application to the City Clerk's office by the specified appeal deadline. 3. Appeals to the City Council or Commission shall be considered at the first regular meeting which follows receipt of the application by ten (10) or more days and which allows sufficient time for giving required public notification. An appeal hearing may be scheduled for a later date by the City Clerk's office based on concurrence from the appellant and affected party (i.e. applicant). 4. Once an appeal fee is remitted by the specified appeal deadline, the fee is nonrefundable. MEDIA, JESSICA From: GREEN, BRENDA Sent: Tuesday, October 20, 2015 11:09 AM To: CITY COUNCIL, HATCH, THOMAS; SHELTON, KELLY; MEDIA, JESSICA; TOM DUARTE Subject: FW: amended agenda 10-20-15 Attachments: amended agenda 10-20-15.pdf PLEASE DO NOT REPLY TO ALL Hello, Please see the attached amended agenda for the Council meeting tonight. New Business Item #1 has been withdrawn (Discussion of Appeal Fees and Procedures). Hard copies will be placed in your red folders. Brenda Green City Clerk City of Costa Mesa 714/754-5221 -----Original Message ----- From: copier.ricoh@costamesaca.gov[mailto:copier.ricoh@costamesaca.gov] On Behalf Of copier.ricoh@ Sent: Tuesday, October 20, 2015 10:56 AM To: GREEN, BRENDA <brenda.green@costamesaca.gov> Subject: amended agenda 10-20-15 Reply to: copier.ricoh@costamesaca.gov <copier.ricoh@costamesaca.gov> Device Name: Not Set Device Model: MX -4111 N Location: Not Set File Format: PDF (Low) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. http://www.adobe.com/