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00 - - Agenda - 12/1/2015
AGENDA CITY OF COSTA MESA REGULAR CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY* MEETING *NOTE: ALL AGENCY AND AUTHORITY MEMBERSHIPS ARE REFLECTED IN THE TITLE "COUNCIL MEMBER." TUESDAY, DECEMBER 1, 2015 CITY COUNCIL CHAMBERS, 77 FAIR DRIVE CLOSED SESSION - NONE REGULAR MEETING - 5:45 P.M. STEPHEN M. MENSINGER p Mayor JAMES M. RIGHEIMER GARY MONAHAN Mayor Pro Tem ',..�- - Council Member SANDRA GENIS KATRINA FOLEY Council Member V, Council Member City Attorney _ Chief Executive Officer Thomas Duarte 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): Anv related documents Drovided to a maioritv of the Citv 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 lobbv. In addition, such documents may be Dosted—whenever Dossible 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(a)_costamesaca.gov AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 1 v.1, 11/25/15 WELCOME TO THE CITY COUNCIL MEETING PUBLIC COMMENTS — MATTER NOT LISTED ON THE AGENDA: If you wish to address the City Council on a matter not on the agenda, please complete and submit a yellow speaker card to the City Clerk. Speaker cards may be submitted to the City Clerk during the Public Comment period for non -agenda items, up to 6:40 p.m. or prior to the last speaker, whichever is earlier. Any speakers on non -agenda items not heard prior to 6:40 p.m. will be allowed to speak at the end of the meeting. Members of the public shall only address the City Council one time at any given meeting for non -agenda items. Speakers may only complete one card per person. Each speaker is limited to three minutes. PUBLIC COMMENTS — MATTER LISTED ON THE AGENDA: If you wish to address the City Council on a matter listed on the agenda, please complete and submit a green speaker card to the City Clerk. Speaker cards must be submitted prior to the start of Public Comments on the item. Please identify which item on the agenda you would like to address. Each speaker is limited to three minutes. The speaker cards are located on the table at the entrance to the City Council Chamber. Please take notice that the order of scheduled agenda items may be modified by the Mayor or the City Council during the course of the meeting, so please stay alert. 1. Any written communications, photos, or other material for 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]. AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 2 v.1, 11/25/15 REGULAR MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — 5:45 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE Council Member Genis 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.] Pastor David Manne, Calvary Chapel, Costa Mesa ROLL CALL CITY ATTORNEY CLOSED SESSION REPORT • COIN: Ex Parte Communications pursuant to Municipal Code Section 2-238 (b) ANNOUNCEMENTS: There's always something happening in Costa Mesa! The Mayor will play a video clip of the "Costa Mesa Minute," featuring upcoming events and activities in the community. PRESENTATIONS: NONE 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. AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 3 v.1, 11/25/15 COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS 1. Council Member Genis 2. Council Member Monahan 3. Mayor Pro Tem Righeimer 4. Mayor Mensinger 5. Council Member Foley REPORT — CHIEF EXECUTIVE OFFICER (CEO) CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion. 1. PROCEDURAL WAIVER: MOTION TO APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED RECOMMENDATION: City Council adopt and approve Ordinances and Resolutions by reading title only, and further reading waived. 2. READING FOLDER a. Claims received by the City Clerk: Joseph Bonofiglio and Ada M. Mezquita. RECOMMENDATION: City Council receive and file. AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 4 v.1, 11/25/15 3. WARRANT RESOLUTION NO. 2547 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-23 "A" FOR $23,621.07; AND 15-24 FOR $2,118,951.36; AND CITY OPERATING EXPENSES FOR $1,631,098.80; AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID — Finance Department RECOMMENDATION: City Council approve Warrant Resolution No. 2547, to be read by the title only, and waive further reading. 4. PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTANTS — Development Services Department RECOMMENDATION: 1. City Council approve the Professional Services Agreement with The Lilley Planning Group, not to exceed $93,000.00; and 2. City Council authorize the Chief Executive Officer to sign the Professional Services Agreement with The Lilley Planning Group; and 3. City Council authorize the Chief Executive Officer to sign the renewals of the approved Professional Services Agreement. 5. HARBOR BOULEVARD IMPROVEMENTS FROM SOUTH COAST DRIVE TO SUNFLOWER AVENUE, CITY PROJECT NO. 14-07 — CHANGE ORDER NO. 3 — Public Services Department/Engineering Division RECOMMENDATION: 1. City Council approve Contract Change Order (CCO) No. 3 in the amount of $80,812.65; and 2. City Council approve Budget Adjustment Authorization No. 16-008 in the amount of $30,000.00; and 3. City Council authorize the Chief Executive Officer to execute the Contract Change Order. AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 5 v.1, 11/25/15 6. A RESOLUTION APPROVING A REVISED EFFECTIVE DATE TO THE WASTE DISPOSAL AGREEMENT AMENDMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF COSTA MESA — Public Services Department/ Administration RECOMMENDATION: City Council adopt Resolution No. 15 -XX, to be read by title only, and further reading waived, revising the effective date of the Waste Disposal Agreement (WDA) Amendment between the County of Orange and the City to allow for the continued importation of waste at the County's three (3) landfills and to extend the terms of the WDA through June 30, 2025. 7. RECOMMENDED ACCEPTANCE AND ALLOCATION OF THE 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS — Police Department RECOMMENDATION: 1. City Council approve Staff's recommendation to allocate 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) funds to the Police Department's operating budget; and 2. City Council approve the budget adjustment (BA #16-007) to increase revenue and appropriations in the JAG fund, and allocate funds as follows: • Technology Improvement — South Coast Plaza Streaming Live Video to Responding Police Vehicles: $17,290.00. 8. MEASURE M2 EXPENDITURE REPORT — Public Services Department and Finance Department RECOMMENDATION: City Council adopt Resolution No. 15 -XX, to be read by title only and further reading waived, approving the Measure M2 Expenditure Report. AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 6 v.1, 11/25/15 9. PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR REMODELING AND/OR NEW CONSTRUCTION OF VARIOUS CITY FACILITIES —Public Services Department RECOMMENDATION: 1. City Council award the Kitchell CEM, Inc., 940 South Coast Drive, Suite 115, Costa Mesa, California 92626, in an amount not to exceed $906,218.00 for professional services for construction management services for various City facilities; and 2. City Council authorize the Mayor and the City Clerk to execute the Professional Services Agreement. ----------------------------------- END OF CONSENT CALENDAR ----------------------------------- PUBLIC HEARINGS — 7:00 p.m. (Resolution No. 05-55): 1. ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM —Public Services Department/Transportation Services Division RECOMMENDATION: City Council adopt Resolution No. 15 -XX, to be read by title only, and further reading waived, approving the recommendations by the Traffic Impact Fee Ad Hoc Committee and Staff as follows: 1. Continue the current Traffic Impact Fee of $181.00 per Average Daily Trip (ADT); and 2. Continue the incentive program for new developments by assessing Traffic Impact Fees on an incremental basis for the first 100 trips; and 3. Approve the annual accounting of the Citywide Traffic Impact Fee Program. AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 7 v.1, 11/25/15 2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 8-76, 8-77, AND 8-83 OF CHAPTER IV (GARBAGE, RUBBISH, AND WEEDS), OF TITLE 8 (HEALTH SANITATION), OF THE COSTA MESA MUNICIPAL CODE, RELATING TO MANDATORY COMMERCIAL WASTE AND ORGANICS RECYCLING — Public Services Department/Administration RECOMMENDATION: City Council introduce for first reading, Ordinance No. 15 -XX, to be read by title only, and further reading waived, to amend sections 8-76, 8-77, and 8-83 of Chapter IV (Garbage, Rubbish, and Weeds) of Title 8 regarding Mandatory Commercial Waste Recycling and new requirements of Mandatory Organics Recycling required by the State of California. OLD BUSINESS: NONE NEW BUSINESS: 1. URBAN MASTER PLAN SCREENING REQUEST (UMP -15-04) FOR A 10 -UNIT DETACHED RESIDENTIAL DEVELOPMENT AT 522 AND 526 BERNARD STREET — Development Services Department/Planning Division RECOMMENDATION: City Council provide feedback on proposed Urban Master Plan for a two and three-story, 10 -unit detached residential development within the Mesa West Residential Ownership Urban Plan. ITEMS REMOVED FROM THE CONSENT CALENDAR REPORT — CITY ATTORNEY ADJOURNMENT AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 8 v.1, 11/25/15 UPCOMING COMMUNITY ACTIVITIES, EVENTS AND MEETINGS • Monday, November 30, 2015 at 6:00 p.m. — Council Chambers — EIR Scoping Meeting for 2015 — 2025 General Plan Update • Now — until December 11, 2015 — The City of Costa Mesa and the Costa Mesa Military Affairs Team are currently seeking donations of new, unwrapped toys for the children of the City's adopted 1/5 Marine unit. Donations can be dropped off at City Hall in the foot locker located in the lobby. For further information, please contact Dan Baker at (714) 754-5156. • Thursday, December 3, 2015 — Grocery Outlet Ribbon Cutting, 10:00 a.m., 1835 Newport Blvd., Ste. C140, Costa Mesa 92627. For more information visit: http://www.costamesachamber.com/ • Thursday, December 3, 2015 — Saturday, Dec. 5, 2015 — Conrad Tao and Eroica, 8:00 p.m. Segerstrom Center for the Arts, 600 Town Center Drive. 20 -year-old Conrad Tao has become a Pacific Symphony audience favorite. For more info or for tickets please visit: http://www.scfta.org/events/detai1.aspx?id=12410 • Thursday, December 3, 2015 from 3:00 p.m. to 8:00 p.m. — 2nd Annual Home Tour 2015 — Costa Mesa Home for the Holidays — Proceeds benefit Costa Mesa High School and Middle School Arts and Science Academies. For more information and to purchase tickets, please visit www.costamesahometour.com • Saturday, December 5, 2015 — Nutcracker for Kids, 10:00 a.m. and 11:30 a.m. Segerstrom Center for the Arts, 600 Town Center Drive. A 45 -minute version created just for kids ages 5-11. For more information or for tickets please visit: http://www.scfta.org/events/detai1.aspx?id=1 2462 • Saturday, December 5, 2015 — Sunday, December 6, 2015 — Sugar Rush, 12:00 p.m. — 5:00 p.m., OC Fair and Event Center, The Hangar - 88 Fair Drive. A one -of -a kind dessert showcase and sweet market. For more information visit: http://ns.ocfair.com/ocf2/Calendar/ViewEvent.asp?Eventid=3719 • Tuesday, December 8, 2015 at 5:00 p.m. — Special Closed Session — CMFA and CMFMA • Wednesday, December 9, 2015 - Costa Mesa Chamber of Commerce Monthly Networking Lunch, 11:30 a.m. to 1:00 p.m., Pitfire Pizza 353 E 17th St. Grand Opening celebration, Saturday, December 5, 2015. For more information visit: http://www.costamesachamber.com/ • Friday, December 11, 2015 at 10:00 a.m. — Special Closed Session — CMPA • Saturday, December 12, 2015 9:00 a.m. — 12:00 p.m. — Drought Drive-Thru, Pick up your FREE water conservation kit a Mesa Water's Drought Drive-Thru. Estancia High School (South Parking Lot), 2323 Placentia Ave. For more information, please visit www.mesawater.org • December 24, 2015 — January 3, 2016 — City Hall Holiday Closure AGENDA — REGULAR MEETING — December 1, 2015 — PAGE 9 v.1, 11/25/15 Costa Mesa Pension Oversight Committee Council Update December 1, 2015 Website: http://www.costamesaca.gov/index.aspx?page=1603 Revenue $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 Q a'a°` (:9 e City of Costa Mesa General Fund - Actuals and Forecast O$ ag ,y0 ,�'y y`l. y3 ,�a ,y4s ti� ti� ya ti°) 4V a�r e 11 tiff tiff ti4'' by NI tip' —Revenue Pension Pension $27,000,000 $24,000,000 $21,000,000 $18,000,000 $15,000,000 $12,000,000 $9,000,000 $6,000,000 CM PERS Pensions Status $406 million assets - $623 million liabilities = $217 million unfunded 65.1% funded $23.8 million total annual payments - 2015-16 employer & employee - payments increase for 20+ years Source: PERS 6/30/2013 Valuations How Died We Get Here.? 1999 PERS Actuarial Assumptions - 8.25% Investment returns — too high - Retirement ages — too old - Mortality — too young Retroactive pension increases - Police 50% increase (2% to 3%@50) - Fire 50% increase (2% to 3%@50) - Misc 25% increase (2% to 2.5%@55) Golden Handshake Retirements - Added 2 years to service retroactively PERS Investment Returns - 2014-15 actual = 2.4% - 2013-14 actual = 18.4% - 5 years ending June 2015 = 10.7% - 10 years ending June 2015 = 6.2% - 20 years ending June 2015 = 7.8% Source: CaIPERS Prepayment Options ........................................................................................................................................................................... :2015-16 prepaying ^$723,000 to Fire side -fund - $500K budget+ Misc. annual lump -sum discount ........................................................................................................................................................................ : ......................................................................................................................................................................... : More PERS Options — "Fresh Start" ✓ Larger payments over fewer years ✓ Reduce PERS negative amortization :......................................................................................................................................................................... Sources: CalPERS and Nyhart valuations $1 million pre -pay saves $2.9 million $150,000 $140,000 $130,000 $120,000 $110,000 $100,000 $90,000 $80,000 $70,000 $60,000 Payments C I -)rn nnn Balance 1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 2122 23 24 25 26 27 28 29 30 Year Verified with CaIPERS actuary $250,000,000 $200,000,000 w U $150,000,000 m a� c $100,000,000 C $50,000,000 $a Costa Mesa Pensions - Payment Comparisons Ln w n ©o m v. i N m -* Ln w P► w m y N m Ln w rm% w m a N m at Ln t--� t--� N N N N N N N N N N M M M M M M M M M M Ct q' IT CT 'I Ln cD 1%% 00 M C3 �4 N M -�r Ln cD 1%% 00 M C3 —4 N M -zr N (.0 1%% 00 M C3 �4 N M -�t ri ri ri rl ri r 4 N N N N N N N N N N M M M M M M M M M M C3 C3 C3 C3 C3 01 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 00 C3 C3 C3 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Current $1M more/yr $5,3M more/yr Source; CaIPPRS 18 annual $6.3M payments ^' $228M savings 27 annual $1.OM payments "' $ 66M savings Revenue &Borrowing Options to Pay For Prepayments ................................................................. ........................................ ................... I ................. ............ Pension bond for Fire side-fund •:• Lower interest rate - about 5.4% vs PIERS 7.5% :• Save "0$7M payments ($41M vs $48M) Fitzgerald 5/7/14 ..................................................................................................................................................................... :Revenue options ^'$6.3 million/year '♦' 1/8% sales tax ($50.3M for 1% tax— 2014 CAF R) . ' $250parcel tax 25,237 parcels OC Assessor) ♦' $42per $100K valueprop, tax (2013-14 assessed value $14.96 OC Assessor) .........................................................................................................................................................................: - All options require voter approval - Reserves and Trusts ........................................................................................................................................................................ % :NEW! ! — PARS1 Pension Trust Option �:• IRS approved June 2015 �:• Increase earnings — LAIF cash reserves @ 0.3% Improve credit rating and balance sheet ........................................................................................................................................................................: 1/ Public Agency Retirement Services (privotecompany) Reserves source: 2014 CAFR Recommendation Request staff research and report on, -Retiree Medical,, Pension trusts - Revenue/borrowing prepay options see PARS' August 12, 2015 presentation to Pension Oversight Committee http://www. costamesaca. goy/modules/showdocument. aspx?documentid=19291 Recommendation ............................................................................................................................il .................................................... :When sustainable pension :reform is possible: :*Offer hybrid defined benefit [PERS] and defined contribution plans [40la/457] +Share basic costs 50/50 between employer & employee — same as PEPRA goal +Allow employees freedom to contribute additional amounts ...............................................................................................................................................................................: • • • SustainablePensionComparisons Costa Mesa Pension Oversight Committtee Analysis of Retirement Benefit Alternatives Safety 3%@50 CLASSIC Safety 2.7%@57 PEPRA $122,631 3.00% 28.928% 30 50 $122,631 2.70% 25.300% 30 57 Defined $110,368 $96,466 35 $5,517,786 7.7 29 $3,742,134 6.0 Safety 2.7%@57 PEPRA Total Employee Initial Life / 25 $3,089,837 4.9 Benefit/ $172,586 Final Benefit Normal Service Retmt and Employer Annual Benefit Lifetime Contribution Plan Description Salary 1/ Factor Cost Years Age Contributions Benefit Years Benefits Ratio PERS Defined Benefit Pension Plans Misc 2.5%@55 CLASSIC $69,378 2.00% 16.990% 30 50 $237,968 $41,627 35 $2,081,110 8.7 Misc 2.5%@55 CLASSIC $69,378 2.50% 16.990% 30 55 $237,968 $52,034 31 $2,205,151 9.3 Misc 2.5%@55 CLASSIC $69,378 2.50% 16.990% 30 62 $237,968 $52,034 25 $1,666,649 7.0 Misc 2.5%@55 CLASSIC $69,378 2.50% 16.990% 30 67 $237,968 $52,034 20 $1,264,277 5.3 Misc 2%@62 PEPRA $69,378 1.30% 13.300% 30 55 $186,284 $26,277 31 $1,113,604 6.0 Misc 2%@62 PEPRA $69,378 1.80% 13.300% 30 60 $186,284 $36,384 26 $1,225,066 6.6 Misc 2%@62 PEPRA $69,378 2.00% 13.300% 30 62 $186,284 $40,426 25 $1,294,861 7.0 Misc 2%@62 PEPRA $69,378 2.50% 13.300% 30 67 $186,284 $50,533 20 $1,227,811 6.6 Safety 3%@50 CLASSIC Safety 2.7%@57 PEPRA $122,631 3.00% 28.928% 30 50 $122,631 2.70% 25.300% 30 57 $716,179 $626,360 $110,368 $96,466 35 $5,517,786 7.7 29 $3,742,134 6.0 Safety 2.7%@57 PEPRA $122,631 2.70% 25.300% 30 62 $626,360 $96,466 25 $3,089,837 4.9 Social Security Comparisons Miscellaneous $69,378 N/A 12.4% now 30 62 $172,586 $18,489 25 $592,217 3.4 Miscellaneous $69,378 N/A 12.4% now 30 67 $172,586 $24,652 20 $598,988 3.5 Safety $122,631 N/A 12.4% now 30 62 $282,121 $18,654 25 $597,497 2.1 Safety $122,631 N/A 12.4% now 30 67 $282,121 $24,872 20 $604,328 2.1 Defined Contribution Plans - 401(a) & 457 - Comparisons Miscellaneous $69,378 N/A 13.300% 30 62 $186,284 $41,427 25 $1,326,919 7.1 Safety $122,631 N/A 25.300% 30 62 $626,360 $139,294 25 $4,461,629 7.1 I/ Average Annual Police and Miscellaneous salaries from PERS 2014 Valuations See appendices for detailed calculations "Only a crisis - actual or perceived - produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around. That, 1 believe, is our basicfunction: to develop alternatives to existing policies, to keep them alive and available until the politically impossible becomes the politically inevitable." Milton Friedman, Nobel Laureate, Economics Questions ? Appendices Costa Mesa PERS Pensions 30 Years - Unfunded Amortization Pre -payment Estimates Based on PERS Actuary Kerry Worgan and June 30, 2013 Valuations PERS Level Percent PERS Plus PERS Plus of Payroll (3%) Straight Line $1M $6.3M Normal Total Payments FY Unfunded Payment Years Unfunded Payment Unfunded Payment Unfunded Payment Cost PERS Straight Line PERS +$1M 2014-15 217,317,543 13,050,033 30 217,317,543 17,747,061 217,317,543 14,050,033 217,317,543 19,350,033 11,947,039 24,997,072 29,694,100 25,997,072 2015-16 220,085,796 13,441,534 29 215,215,814 17,747,061 219,048,974 14,441,534 213,553,817 19,741,534 11,128,755 24,570,289 28,875,816 25,570,289 2016-17 222, 655, 752 13, 844, 780 28 212, 956, 455 17, 747, 061 220, 504, 346 14, 844, 780 209,101, 895 20,144, 780 11, 402, 074 25, 246, 854 29,149,135 26, 246, 854 2017-18 225, 000, 360 14, 260,124 27 210, 527, 644 17, 747, 061 221, 650, 776 15, 260,124 203, 897, 985 20, 560,124 11, 681, 777 25, 941, 901 29, 428, 838 26, 941, 901 2018-19 227, 090,176 14, 687, 927 26 207, 916, 673 17, 747, 061 222, 452, 552 15, 687, 927 197, 873,144 20, 987, 927 11, 967, 999 26, 655, 926 29, 715, 060 27, 655, 926 2019-20 228, 893,172 15,128, 565 25 205,109, 878 17, 747, 061 222, 870, 904 16,128, 565 190, 952, 884 21, 428, 565 12, 260, 882 27, 389, 447 30, 007, 943 28, 389, 447 2020-21 230,374,530 15,582,422 24 202,092,574 17,747,061 222,863,770 16,582,422 183,056,741 21,882,422 12,560,565 28,142,987 30,307,626 29,142,987 2021-22 231,496,420 16,049,895 23 198,848,972 17,747,061 222,385,531 17,049,895 174,097,818 22,349,895 12,867,196 28,917,091 30,614,257 29,917,091 2022-23 232, 217, 767 16, 531, 392 22 195, 362,100 17, 747, 061 221, 386, 739 17, 531, 392 163, 982, 291 22, 831, 392 13,180, 920 29, 712, 312 30, 927, 981 30, 712, 312 2023-24 232,493,988 17,027,333 21 191,613,713 17,747,061 219,813,811 18,027,333 152,608,872 23,327,333 13,501,885 30,529,218 31,248,946 31,529,218 2024-25 232,276,722 17,538,153 20 187,584,196 17,747,061 217,608,710 18,538,153 139,868,243 23,838,153 13,830,248 31,368,401 31,577,309 32,368,401 2025-26 231, 513, 532 18, 064, 298 19 183, 252, 466 17, 747, 061 214, 708, 596 19, 064, 298 125, 642, 438 24, 364, 298 14,166,160 32, 230, 458 31, 913, 221 33, 230, 458 2026-27 230,147, 584 18, 606, 227 18 178, 595, 856 17, 747, 061 211, 045, 456 19, 606, 227 109, 804,179 24, 906, 227 14, 509, 779 33,116, 006 32, 256, 840 34,116, 006 2027-28 228,117, 306 19,164, 414 17 173, 590, 000 17, 747, 061 206, 545, 697 20,164, 414 92, 216,167 25, 464, 414 14, 861, 266 34, 025, 680 32, 608, 327 35, 025, 680 2028-29 225, 356, 017 19, 739, 346 16 168, 208, 705 17, 747, 061 201,129, 715 20, 739, 346 72, 730, 314 26, 039, 346 15, 220, 782 34, 960,128 32, 967, 843 35, 960,128 2029-30 221,791,529 20,331,526 15 162,423,813 17,747,061 194,711,432 21,331,526 51,186,919 26,631,526 15,588,496 35,920,022 33,335,557 36,920,022 2030-31 217,345,719 20,941,472 14 156,205,054 17,747,061 187,197,792 21,941,472 27,413,783 27,241,472 15,964,572 36,906,044 33,711,633 37,906,044 2031-32 211, 934, 067 21, 569, 716 13 149, 519, 889 17, 747, 061 178, 488, 224 22, 569, 716 1,225,258 1,270,374 16, 349,185 37, 918, 901 34, 096, 246 38, 918, 901 2032-33 205, 465,164 22, 216, 808 12 142, 333, 335 17, 747, 061 168, 474, 061 23, 216, 808 0 16, 742, 505 38, 959, 313 34, 489, 566 39, 959, 313 2033-34 197, 840,175 22, 883, 312 11 134, 607, 791 17, 747, 061 157, 037, 917 23, 883, 312 17,144, 711 40, 028, 023 34, 891, 772 41, 028, 023 203435 188, 952, 265 23, 569, 811 10 126, 302, 830 17, 747, 061 144, 053, 016 24, 569, 811 17, 555, 981 41,125, 792 35, 303, 042 42,125, 792 2035-36 178, 685, 984 24, 276, 906 9 117, 374, 997 17, 747, 061 129, 382, 469 25, 276, 906 17, 976, 497 42, 253, 403 35, 723, 558 43, 253, 403 2036-37 166, 916, 601 25, 005, 213 8 107, 777, 577 17, 747, 061 112, 878, 500 26, 005, 213 18, 406, 443 43, 411, 656 36,153, 504 44, 411, 656 2037-38 153, 509, 390 25, 755, 369 7 97, 460, 351 17, 747, 061 94, 381, 609 26, 755, 369 18, 846, 007 44, 601, 376 36, 593, 068 45, 601, 376 2038-39 138,318,859 26,528,030 6 86,369,332 17,747,061 73,719,673 27,528,030 19,295,380 45,823,410 37,042,441 46,823,410 2039-40 121,187,926 27,323,871 5 74,446,487 17,747,061 50,706,979 28,323,871 19,754,752 47,078,623 37,501,813 48,078,623 2040-41 101, 947, 027 28,143, 588 4 61, 629, 428 17, 747, 061 25,143,187 26, 069, 011 20, 224, 322 48, 367, 910 37, 971, 383 46, 293, 333 2041-42 80, 413,162 28, 987, 895 3 47, 851, 091 17, 747, 061 0 20, 704, 287 49, 692,182 38, 451, 348 20, 704, 287 2042-43 56, 388, 859 29, 857, 532 2 33, 039, 378 17, 747, 061 21,194, 847 51, 052, 379 38, 941, 908 21,194, 847 2043-44 29, 661, 076 30, 753, 258 1 17,116, 786 17, 747, 061 21, 696, 208 52, 449, 466 39, 443, 269 21, 696, 208 204445 0 22, 208, 574 22, 208, 574 22, 208, 574 22, 208, 574 620, 860, 751 532, 411, 843 555,187, 490 392, 359, 815 494, 740, 094 1,115, 600, 845 1,027,151,937 1, 049, 927, 584 Savings 88,448,909 65,673,262 228,500,936 14.25% 10.58% 36.80% Payments 30 30 27 18 Sustainable Pension Alternative Supporting Detail Calculations CMPOC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy CalPERS Miscellaneous 2.5%@55 Classic Employees Benefit Calculation: 9/24/2015 5o Age 50 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Final Average Compensation (FAC) Costa Mesa Valuation as of 6/30/2013 page 6 Benefit Factor (% of FAC) First Year Pension %of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 35 $69,378 1 3.00% $69,378 16.990% 2.00% 8.495% 60.0% 8.495% $41,627 7.50• $729,721 35 2.00% Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (peryear) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 2,501 2,501 5,002 5,002 188 5,189 2 30,324 2,576 2,576 5,152 10,154 582 10,924 3 31,233 2,653 2,653 5,307 15,460 1,018 17,249 4 1 32,170 2,733 2,733 1 5,466 20,926 1,499 24,213 5 33,135 2,815 2,815 5,630 26,556 2,027 31,870 6 34,129 2,899 2,899 5,799 32,354 2,608 40,276 7 35,153 2,986 2,986 5,973 38,327 3,245 49,493 8 36,208 3,076 3,076 6,152 44,479 3,943 59,588 9 37,294 3,168 3,168 6,336 50,815 4,707 70,631 10 38,413 3,263 3,263 6,526 57,341 5,542 82,699 11 39,565 3,361 3,361 1 6,722 64,063 6,455 95,876 12 40,752 3,462 3,462 6,924 70,987 7,450 110,250 13 41,975 3,566 3,566 7,132 78,119 8,536 125,917 14 43,234 3,673 3,673 7,345 85,464 9,719 142,982 15 44,531 3,783 3,783 7,566 93,030 11,007 161,555 16 45,867 3,896 3,896 7,793 100,823 12,409 181,757 17 47,243 4,013 4,013 8,027 108,849 13,933 203,716 18 48,660 4,134 4,134 1 8,267 117,117 15,589 227,573 19 50,120 4,258 4,258 8,515 125,632 17,387 253,475 20 51,624 4,385 4,385 8,771 134,403 19,340 281,586 21 S3,172 4,517 4,517 9,034 143,437 21,458 312,077 22 54,768 4,653 4,653 9,305 152,742 1 23,755 345,137 23 56,411 4,792 4,792 9,584 162,326 26,245 380,966 24 58,103 4,936 4,936 9,872 172,198 28,943 419,780 25 59,846 5,084 5,084 10,168 182,366 31,865 461,813 26 61,641 5,236 5,236 10,473 192,839 35,029 507,315 27 63,491 5,394 5,394 10,787 203,626 38,453 556,555 28 65,395 5,555 5,555 11,111 214,736 42,158 609,824 29 67,357 5,722 5,722 11,444 226,180 46,166 667,434 30 69,378 5,894 5,894 11,787 237,968 50,500 729,721 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 118,984 118,984 237,968 491,753 729,721 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 41,627 729,721 53,168 741,262 741,262 2 42,459 741,262 54,002 752,805 752,805 3 43,309 752,805 54,836 764,333 764,333 4 1 44,175 764,333 55,668 775,826 775,826 5 45,058 775,826 56,497 787,266 787,266 6 45,959 787,266 57,321 798,628 798,628 7 46,879 798,628 58,139 809,888 809,888 8 47,816 809,888 58,949 821,021 821,021 9 48,772 821,021 59,748 831,996 831,996 10 49,748 831,996 60,534 1 842,782 842,782 11 1 50,743 842,782 61,306 853,345 853,345 12 51,758 853,345 62,060 863,647 863,647 13 52,793 863,647 62,794 873,648 873,648 14 53,849 873,648 63,504 883,304 883,304 15 54,926 883,304 64,188 892,566 892,566 16 56,024 892,566 64,842 901,384 901,384 17 57,145 901,384 65,461 1 909,700 909,700 18 1 58,288 909,700 66,042 917,454 917,454 19 59,453 917,454 66,580 924,580 924,580 20 60,642 924,580 67,069 931,007 931,007 21 61,855 931,007 67,506 936,658 936,658 22 63,092 936,658 67,883 941,449 941,449 23 64,354 941,449 68,195 945,290 945,290 24 65,641 945,290 68,435 948,084 948,084 25 66,954 948,084 68,596 949,725 949,725 26 68,293 949,725 68,668 950,101 950,101 27 69,659 950,101 68,645 949,087 949,087 28 71,052 949,087 68,517 946,552 946,552 29 1 72,473 946,552 68,274 942,352 942,352 30 73,923 942,352 67,904 936,334 936,334 31 75,401 936,334 67,397 928,330 928,330 32 76,909 928,330 1 66,741 918,161 918,161 33 78,447 918,161 65,920 905,634 905,634 34 80,016 905,634 64,922 890,540 890,540 35 81,617 890,540 63,730 872,653 872,653 36 37 38 39 40 TOTALS 2,081,110 CMPOC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy CAPERS Miscellaneous 2.5%@55 Classic Employees Benefit Calculation: 9/24/2015 55 Age 55 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Final Average Compensation (FAC) Costa Mesa Valuation as of 6/30/2013 page 6 Benefit Factor (% of FAC) First Year Pension % of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 31 569,378 1 3.00% $69,378 16.990% 2.50% 8.495% 75.0% 8.495% $52,034 7.50% $729,721 31 2.00% Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 2,501 2,501 5,002 5,002 188 5,189 2 30,324 2,576 2,576 5,152 10,154 582 10,924 3 31,233 2,653 2,653 5,307 15,460 1,018 17,249 4 1 32,170 2,733 2,733 1 5,466 20,926 1,499 24,213 5 33,135 2,815 2,815 5,630 26,556 2,027 31,870 6 34,129 2,899 2,899 5,799 32,354 2,608 40,276 7 35,153 2,986 2,986 5,973 38,327 3,245 49,493 8 36,208 3,076 3,076 6,152 44,479 3,943 59,588 9 37,294 3,168 3,168 6,336 50,815 4,707 70,631 10 38,413 3,263 3,263 6,526 57,341 5,542 82,699 11 39,565 3,361 3,361 1 6,722 64,063 6,455 95,876 12 40,752 3,462 3,462 6,924 70,987 7,450 110,250 13 41,975 3,566 3,566 7,132 78,119 8,536 125,917 14 43,234 3,673 3,673 7,345 85,464 9,719 142,982 15 44,531 3,783 3,783 7,566 93,030 11,007 161,555 16 45,867 3,896 3,896 7,793 100,823 12,409 181,757 17 47,243 4,013 4,013 8,027 108,849 13,933 203,716 18 48,660 4,134 4,134 1 8,267 117,117 15,589 227,573 19 50,120 4,258 4,258 8,515 125,632 17,387 253,475 20 51,624 4,385 4,385 8,771 134,403 19,340 281,586 21 53,172 4,517 4,517 9,034 143,437 21,458 312,077 22 54,768 4,653 4,653 9,305 152,742 23,755 345,137 23 56,411 4,792 4,792 9,584 162,326 26,245 380,966 24 58,103 4,936 4,936 9,872 172,198 28,943 419,780 25 59,846 5,084 5,084 10,168 182,366 31,865 461,813 26 61,641 5,236 5,236 10,473 192,839 35,029 507,315 27 63,491 5,394 5,394 10,787 203,626 38,453 556,555 28 65,395 5,555 5,555 11,111 214,736 42,158 609,824 29 67,357 5,722 5,722 11,444 226,180 46,166 667,434 30 69,378 5,894 5,894 11,787 237,968 50,500 729,721 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 118,984 118,984 237,968 491,753 729,721 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 52,034 729,721 52,778 730,465 730,465 2 53,074 730,465 52,795 730,185 730,185 3 54,136 730,185 52,734 728,783 728,783 4 1 55,218 728,783 1 52,588 726,153 1 726,153 5 56,323 726,153 52,349 722,180 722,180 6 57,449 722,180 52,009 716,740 716,740 7 58,598 716,740 51,558 709,700 709,700 8 59,770 709,700 50,986 700,916 700,916 9 60,966 700,916 50,282 690,233 690,233 10 62,185 690,233 49,436 677,483 677,483 11 1 63,429 677,483 48,433 662,487 662,487 12 64,697 662,487 1 47,260 645,051 1 645,051 13 65,991 645,051 45,904 624,964 624,964 14 67,311 624,964 44,348 602,001 602,001 15 68,657 602,001 42,575 575,919 575,919 16 70,030 575,919 40,568 546,457 546,457 17 71,431 546,457 38,306 513,332 513,332 18 72,859 513,332 35,768 1 476,240 476,240 19 74,317 476,240 32,931 434,854 434,854 20 75,803 434,854 29,771 388,823 388,823 21 77,319 388,823 26,262 337,766 337,766 22 1 78,865 337,766 22,375 281,275 281,275 23 80,443 281,275 18,079 218,912 218,912 24 82,052 218,912 13,341 150,202 150,202 25 83,693 1 150,202 8,127 74,636 74,636 26 85,366 74,636 2,396 (8,334) (8,334) 27 87,074 (95,408) 28 88,815 (184,223) 29 90,592 (274,815) 30 92,403 (367,218) 31 94,251 (461,470) 32 33 34 35 36 37 38 39 40 TOTALS 2,205,151 CMPOC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy CAPERS Miscellaneous 2.5%@55 Classic Employees Benefit Calculation: 9/24/2015 62 Age 62 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Final Average Compensation (FAC) Costa Mesa Valuation as of 6/30/2013 page 6 Benefit Factor (% of FAC) First Year Pension % of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 25 569,378 1 3.00% $69,378 16.990% 2.50% 8.495% 75.0% 8.495% $52,034 7.50% $729,721 25 2.00% Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 2,501 2,501 5,002 5,002 188 5,189 2 30,324 2,576 2,576 5,152 10,154 582 10,924 3 31,233 2,653 2,653 5,307 15,460 1,018 17,249 4 1 32,170 2,733 2,733 1 5,466 20,926 1,499 24,213 5 33,135 2,815 2,815 5,630 26,556 2,027 31,870 6 34,129 2,899 2,899 5,799 32,354 2,608 40,276 7 35,153 2,986 2,986 5,973 38,327 3,245 49,493 8 36,208 3,076 3,076 6,152 44,479 3,943 59,588 9 37,294 3,168 3,168 6,336 50,815 4,707 70,631 10 38,413 3,263 3,263 6,526 57,341 5,542 82,699 11 39,565 3,361 3,361 1 6,722 64,063 6,455 95,876 12 40,752 3,462 3,462 6,924 70,987 7,450 110,250 13 41,975 3,566 3,566 7,132 78,119 8,536 125,917 14 43,234 3,673 3,673 7,345 85,464 9,719 142,982 15 44,531 3,783 3,783 7,566 93,030 11,007 161,555 16 45,867 3,896 3,896 7,793 100,823 12,409 181,757 17 47,243 4,013 4,013 8,027 108,849 13,933 203,716 18 48,660 4,134 4,134 1 8,267 117,117 15,589 227,573 19 50,120 4,258 4,258 8,515 125,632 17,387 253,475 20 51,624 4,385 4,385 8,771 134,403 19,340 281,586 21 53,172 4,517 4,517 9,034 143,437 21,458 312,077 22 54,768 4,653 4,653 9,305 152,742 23,755 345,137 23 56,411 4,792 4,792 9,584 162,326 26,245 380,966 24 58,103 4,936 4,936 9,872 172,198 28,943 419,780 25 59,846 5,084 5,084 10,168 182,366 31,865 461,813 26 61,641 5,236 5,236 10,473 192,839 35,029 507,315 27 63,491 5,394 5,394 10,787 203,626 38,453 556,555 28 65,395 5,555 5,555 11,111 214,736 42,158 609,824 29 67,357 5,722 5,722 1 11,444 226,180 46,166 667,434 30 69,378 5,894 5,894 11,787 237,968 50,500 729,721 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 118,984 118,984 237,968 491,753 729,721 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 52,034 729,721 52,778 730,465 730,465 2 53,074 730,465 52,795 730,185 730,185 3 54,136 730,185 52,734 728,783 728,783 4 1 55,218 728,783 1 52,588 726,153 1 726,153 5 56,323 726,153 52,349 722,180 722,180 6 57,449 722,180 52,009 716,740 716,740 7 58,598 716,740 51,558 709,700 709,700 8 59,770 709,700 50,986 700,916 700,916 9 60,966 700,916 50,282 690,233 690,233 10 62,185 690,233 49,436 677,483 677,483 11 1 63,429 677,483 48,433 662,487 662,487 12 64,697 662,487 1 47,260 645,051 1 645,051 13 65,991 645,051 45,904 624,964 624,964 14 67,311 624,964 44,348 602,001 602,001 15 68,657 602,001 42,575 575,919 575,919 16 70,030 575,919 40,568 546,457 546,457 17 71,431 546,457 38,306 513,332 513,332 18 72,859 513,332 35,768 1 476,240 476,240 19 74,317 476,240 32,931 434,854 434,854 20 75,803 434,854 29,771 388,823 388,823 21 77,319 388,823 26,262 337,766 337,766 22 1 78,865 337,766 22,375 281,275 281,275 23 80,443 281,275 18,079 218,912 218,912 24 82,052 218,912 13,341 150,202 150,202 25 83,693 150,202 8,127 74,636 74,636 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 1,666,649 CMPOC Pension Calculator CAPERS Miscellaneous 2.5%@55 Classic Employees Benefit Calculation: Participant Retire mentAge Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 67 Age 67 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Final Average Compensation (FAC) Costa Mesa Valuation as of 6/30/2013 page 6 Benefit Factor (% of FAC) First Year Pension %of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 20 $69,378 1 3.00% $69,378 16.9900A 2.50% 8.495% 75.0% 8.495% $52,034 7.50% $729,721 20 2.00% 9/24/2015 Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (peryear) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 2,501 2,501 5,002 5,002 188 5,189 2 30,324 2,576 2,576 5,152 10,154 582 10,924 3 31,233 2,653 2,653 5,307 15,460 1,018 17,249 4 1 32,170 2,733 2,733 1 5,466 20,926 1,499 24,213 5 33,135 2,815 2,815 5,630 26,556 2,027 31,870 6 34,129 2,899 2,899 5,799 32,354 2,608 40,276 7 35,153 2,986 2,986 5,973 38,327 3,245 49,493 8 36,208 3,076 3,076 6,152 44,479 3,943 59,588 9 37,294 3,168 3,168 6,336 50,815 4,707 70,631 10 38,413 3,263 3,263 6,526 57,341 5,542 82,699 11 39,565 3,361 3,361 1 6,722 64,063 6,455 95,876 12 40,752 3,462 3,462 6,924 70,987 7,450 110,250 13 41,975 3,566 3,566 7,132 78,119 8,536 125,917 14 43,234 3,673 3,673 7,345 85,464 9,719 142,982 15 44,531 3,783 3,783 7,566 93,030 11,007 161,555 16 45,867 3,896 3,896 7,793 100,823 12,409 181,757 17 47,243 4,013 4,013 8,027 108,849 13,933 1 203,716 18 48,660 4,134 4,134 8,267 117,117 15,589 227,573 19 50,120 4,258 4,258 8,515 125,632 17,387 253,475 20 51,624 4,385 4,385 8,771 134,403 19,340 281,586 21 53,172 4,517 4,517 9,034 143,437 21,458 312,077 22 54,768 4,653 4,653 9,305 152,742 23,755 345,137 23 56,411 4,792 4,792 9,584 162,326 26,245 380,966 24 58,103 4,936 4,936 9,872 172,198 28,943 419,780 25 59,846 5,084 5,084 10,168 182,366 31,865 461,813 26 61,641 5,236 5,236 10,473 192,839 35,029 507,315 27 63,491 5,394 5,394 1 10,787 203,626 1 38,453 556,555 28 65,395 5,555 5,555 11,111 214,736 42,158 609,824 29 1 67,357 5,722 5,722 11,444 226,180 46,166 667,434 30 69,378 5,894 5,894 11,787 237,968 50,500 729,721 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 1 118,984 118,984 237,968 491,753 729,721 9/24/2015 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 52,034 729,721 52,778 730,465 730,465 2 53,074 730,465 52,795 730,185 730,185 3 54,136 730,185 52,734 728,783 728,783 4 1 55,218 728,783 1 52,588 726,153 1 726,153 5 56,323 726,153 52,349 722,180 722,180 6 57,449 722,180 52,009 716,740 716,740 7 58,598 716,740 51,558 709,700 709,700 8 59,770 709,700 50,986 700,916 700,916 9 60,966 700,916 50,282 690,233 690,233 10 62,185 690,233 49,436 677,483 677,483 11 1 63,429 677,483 48,433 662,487 662,487 12 64,697 662,487 1 47,260 645,051 1 645,051 13 65,991 645,051 45,904 624,964 624,964 14 67,311 624,964 44,348 602,001 602,001 15 68,657 602,001 42,575 575,919 575,919 16 70,030 575,919 40,568 546,457 546,457 17 71,431 546,457 38,306 513,332 513,332 18 72,859 513,332 35,768 476,240 476,240 19 74,317 476,240 32,931 434,854 434,854 20 75,803 434,854 29,771 388,823 388,823 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 1,264,277 CMPOC Pension Calculator CAPERS Miscellaneous 2%@62 PEPRA Employees Benefit Calculation: Participant Retire mentAge Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 55 Age 55 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Benefit Factor (% of FAC) Costa Mesa Valuation as of 6/30/2013 page D-1 Final Average Compensation (FAC) First Year Pension %of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 31 $69,378 3 3.00% 1.30% 13.300% $67,377 6.650% 39.0% 6.650% $26,277 7.50% $571,235 31 2.00% 9/24/2015 Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 1,958 1,958 3,916 3,916 147 4,062 2 30,324 2,017 2,017 4,033 7,949 456 8,551 3 31,233 2,077 2,077 4,154 12,103 797 13,502 4 1 32,170 2,139 2,139 1 4,279 16,381 1,173 18,954 5 33,135 2,203 2,203 4,407 20,788 1,587 24,948 6 34,129 2,270 2,270 4,539 25,327 2,041 31,529 7 35,153 2,338 2,338 4,675 30,003 2,540 38,744 8 36,208 2,408 2,408 4,816 34,818 3,086 46,646 9 37,294 2,480 2,480 4,960 39,779 3,684 55,291 10 38,413 2,554 2,554 5,109 44,888 4,338 64,738 11 39,565 2,631 2,631 1 5,262 50,150 5,053 75,053 12 40,752 2,710 2,710 5,420 55,570 5,832 86,305 13 41,975 2,791 2,791 5,583 61,152 6,682 98,570 14 43,234 2,875 2,875 5,750 66,903 7,608 111,928 15 44,531 2,961 2,961 5,923 72,825 8,617 126,468 16 45,867 3,050 3,050 6,100 78,925 9,714 142,282 17 47,243 3,142 3,142 6,283 85,209 10,907 159,472 18 48,660 3,236 3,236 6,472 91,681 12,203 178,147 19 50,120 3,333 3,333 6,666 98,347 13,611 198,424 20 51,624 3,433 3,433 6,866 105,213 15,139 220,429 21 53,172 3,536 3,536 7,072 112,285 16,797 244,298 22 54,768 3,642 3,642 7,284 119,569 1 18,596 270,178 23 56,411 3,751 3,751 7,503 127,071 20,545 298,225 24 58,103 3,864 3,864 7,728 134,799 22,657 328,610 25 59,846 3,980 3,980 7,960 142,758 24,944 361,513 26 61,641 4,099 4,099 8,198 150,957 27,421 397,133 27 63,491 4,222 4,222 1 8,444 159,401 30,102 435,679 28 65,395 4,349 4,349 8,698 168,099 33,002 477,378 29 1 67,357 4,479 4,479 8,959 177,057 36,139 522,476 30 69,378 4,614 4,614 9,227 186,284 39,532 571,235 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 1 93,142 93,142 186,284 384,951 571,235 9/24/2015 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 26,277 571,235 41,857 586,815 586,815 2 26,803 586,815 43,006 603,019 603,019 3 27,339 603,019 44,201 619,881 619,881 4 1 27,885 619,881 1 45,445 637,442 1 637,442 5 28,443 637,442 46,742 655,740 655,740 6 29,012 655,740 48,093 674,821 674,821 7 29,592 674,821 49,502 694,730 694,730 8 30,184 694,730 50,973 715,519 715,519 9 30,788 715,519 52,509 737,241 737,241 10 31,403 737,241 54,115 759,953 759,953 11 1 32,032 759,953 55,795 783,717 783,717 12 32,672 783,717 1 57,554 808,598 1 808,598 13 33,326 808,598 59,395 834,668 834,668 14 33,992 834,668 61,325 862,001 862,001 15 34,672 862,001 63,350 890,679 890,679 16 35,365 890,679 65,475 920,788 920,788 17 36,073 920,788 67,706 952,422 952,422 18 36,794 952,422 70,052 985,680 985,680 19 37,530 985,680 72,519 1,020,668 1,020,668 20 38,281 1,020,668 75,115 1,057,502 1,057,502 21 39,046 1,057,502 77,848 1,096,304 1,096,304 22 39,827 1 1,096,304 80,729 1,137,207 1,137,207 23 40,624 1,137, 207 83,767 1,180, 350 1,180, 350 24 41,436 1,180,350 86,972 1,225,886 1,225,886 25 42,265 1,225,886 90,357 1,273,978 1,273,978 26 43,110 1,273,978 93,932 1,324,799 1,324,799 27 43,972 1,324,799 97,711 1 1,378,538 1,378,538 28 44,852 1,378,538 101,708 1,435,395 1,435,395 29 1 45,749 1,435,395 105,939 1,495,585 1,495,585 30 46,664 1,495,585 110,419 1,559,340 1,559,340 31 47,597 1,559, 340 115,166 1,626,908 1,626,908 32 33 34 35 36 37 38 39 40 TOTALS 1,113,604 CMPOC Pension Calculator CAPERS Miscellaneous 2%@62 PEPRA Employees Benefit Calculation: Participant Retire mentAge Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 60 Age 60 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Benefit Factor (% of FAC) Costa Mesa Valuation as of 6/30/2013 page D-1 Final Average Compensation (FAC) First Year Pension %of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 26 $69,378 3 3.00% 1.80% 13.300% $67,377 6.650% 54.0% 6.650% $36,384 7.50% $571,235 26 2.00% 9/24/2015 Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 1,958 1,958 3,916 3,916 147 4,062 2 30,324 2,017 2,017 4,033 7,949 456 8,551 3 31,233 2,077 2,077 4,154 12,103 797 13,502 4 1 32,170 2,139 2,139 1 4,279 16,381 1,173 18,954 5 33,135 2,203 2,203 4,407 20,788 1,587 24,948 6 34,129 2,270 2,270 4,539 25,327 2,041 31,529 7 35,153 2,338 2,338 4,675 30,003 2,540 38,744 8 36,208 2,408 2,408 4,816 34,818 3,086 46,646 9 37,294 2,480 2,480 4,960 39,779 3,684 55,291 10 38,413 2,554 2,554 5,109 44,888 4,338 64,738 11 39,565 2,631 2,631 1 5,262 50,150 5,053 75,053 12 40,752 2,710 2,710 5,420 55,570 5,832 86,305 13 41,975 2,791 2,791 5,583 61,152 6,682 98,570 14 43,234 2,875 2,875 5,750 66,903 7,608 111,928 15 44,531 2,961 2,961 5,923 72,825 8,617 126,468 16 45,867 3,050 3,050 6,100 78,925 9,714 142,282 17 47,243 3,142 3,142 6,283 85,209 10,907 159,472 18 48,660 3,236 3,236 6,472 91,681 12,203 178,147 19 50,120 3,333 3,333 6,666 98,347 13,611 198,424 20 51,624 3,433 3,433 6,866 105,213 15,139 220,429 21 53,172 3,536 3,536 7,072 112,285 16,797 244,298 22 54,768 3,642 3,642 7,284 119,569 1 18,596 270,178 23 56,411 3,751 3,751 7,503 127,071 20,545 298,225 24 58,103 3,864 3,864 7,728 134,799 22,657 328,610 25 59,846 3,980 3,980 7,960 142,758 24,944 361,513 26 61,641 4,099 4,099 8,198 150,957 27,421 397,133 27 63,491 4,222 4,222 8,444 159,401 30,102 435,679 28 65,395 4,349 4,349 8,698 168,099 33,002 477,378 29 1 67,357 4,479 4,479 8,959 177,057 1 36,139 522,476 30 69,378 4,614 4,614 9,227 186,284 39,532 571,235 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 1 93,142 93,142 186,284 384,951 571,235 9/24/2015 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 36,384 571,235 41,478 576,330 576,330 2 37,111 576,330 41,833 581,052 581,052 3 37,853 581,052 42,159 585,358 585,358 4 1 38,610 585,358 1 42,454 589,201 1 589,201 5 39,383 589,201 42,713 592,532 592,532 6 40,170 592,532 42,933 595,295 595,295 7 40,974 595,295 43,111 597,432 597,432 8 41,793 597,432 43,240 598,878 598,878 9 42,629 598,878 43,317 599,567 599,567 10 43,482 599,567 43,337 599,422 599,422 11 1 44,351 599,422 43,293 598,364 598,364 12 45,238 598,364 1 43,181 596,307 1 596,307 13 46,143 596,307 42,993 593,156 593,156 14 47,066 593,156 42,722 588,812 588,812 15 48,007 588,812 42,361 583,165 583,165 16 48,967 583,165 41,901 576,099 576,099 17 49,947 576,099 41,334 567,486 567,486 18 50,946 567,486 40,651 557,192 557,192 19 51,965 557,192 39,841 545,068 545,068 20 53,004 545,068 38,892 530,956 530,956 21 54,064 530,956 37,794 514,687 514,687 22 55,145 1 514,687 36,534 496,075 496,075 23 56,248 496,075 35,096 474,923 474,923 24 57,373 474,923 33,468 451,018 451,018 25 58,521 451,018 31,632 424,129 424,129 26 59,691 424,129 29,571 394,009 394,009 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 1,225,066 CMPOC Pension Calculator CAPERS Miscellaneous 2%@62 PEPRA Employees Benefit Calculation: Participant Retire mentAge Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 62 Age 62 Retirement Maximum Service Accrual (years) Number of Payments (years) Costa Mesa Valuation average as of 6/30/2013 page C-2 Final Average Compensation years Costa Mesa Valuation as of 6/30/2013 page A-5 Benefit Factor (% of FAC) Costa Mesa Valuation as of 6/30/2013 page D-1 Final Average Compensation (FAC) First Year Pension %of FAC First Year Pension (dollars) Costa Mesa Valuation as of 6/30/2013 page A-3 Account Balance at Retirement PERS Actuary Life Expectancies Table Cost Of Living Allowance (COLA) N/A 30 25 $69,378 3 3.00% 2.00% 13.300% $67,377 6.650% 60.0% 6.650% $40,426 7.50% $571,235 25 2.00% 9/24/2015 Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 1,958 1,958 3,916 3,916 147 4,062 2 30,324 2,017 2,017 4,033 7,949 456 8,551 3 31,233 2,077 2,077 4,154 12,103 797 13,502 4 1 32,170 2,139 2,139 1 4,279 16,381 1,173 18,954 5 33,135 2,203 2,203 4,407 20,788 1,587 24,948 6 34,129 2,270 2,270 4,539 25,327 2,041 31,529 7 35,153 2,338 2,338 4,675 30,003 2,540 38,744 8 36,208 2,408 2,408 4,816 34,818 3,086 46,646 9 37,294 2,480 2,480 4,960 39,779 3,684 55,291 10 38,413 2,554 2,554 5,109 44,888 4,338 64,738 11 39,565 2,631 2,631 1 5,262 50,150 5,053 75,053 12 40,752 2,710 2,710 5,420 55,570 5,832 86,305 13 41,975 2,791 2,791 5,583 61,152 6,682 98,570 14 43,234 2,875 2,875 5,750 66,903 7,608 111,928 15 44,531 2,961 2,961 5,923 72,825 8,617 126,468 16 45,867 3,050 3,050 6,100 78,925 9,714 142,282 17 47,243 3,142 3,142 6,283 85,209 10,907 159,472 18 48,660 3,236 3,236 6,472 91,681 12,203 178,147 19 50,120 3,333 3,333 6,666 98,347 13,611 198,424 20 51,624 3,433 3,433 6,866 105,213 15,139 220,429 21 53,172 3,536 3,536 7,072 112,285 16,797 244,298 22 54,768 3,642 3,642 7,284 119,569 1 18,596 270,178 23 56,411 3,751 3,751 7,503 127,071 20,545 298,225 24 58,103 3,864 3,864 7,728 134,799 22,657 328,610 25 59,846 3,980 3,980 7,960 142,758 24,944 361,513 26 61,641 4,099 4,099 8,198 150,957 27,421 397,133 27 63,491 4,222 4,222 1 8,444 159,401 30,102 435,679 28 65,395 4,349 4,349 8,698 168,099 33,002 477,378 29 1 67,357 4,479 4,479 8,959 177,057 36,139 522,476 30 69,378 4,614 4,614 9,227 186,284 39,532 571,235 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 1 93,142 93,142 186,284 384,951 571,235 9/24/2015 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 40,426 571,235 41,327 572,136 572,136 2 41,235 572,136 41,364 572,265 572,265 3 42,059 572,265 41,343 571,548 571,548 4 1 42,901 571,548 1 41,257 569,905 1 569,905 5 43,759 569,905 41,102 567,248 567,248 6 44,634 567,248 40,870 563,484 563,484 7 45,526 563,484 40,554 558,512 558,512 8 46,437 558,512 40,147 552,222 552,222 9 47,366 552,222 39,640 544,497 544,497 10 48,313 544,497 39,026 535,209 535,209 11 1 49,279 535,209 38,293 524,223 524,223 12 50,265 524,223 1 37,432 511,390 1 511,390 13 51,270 511,390 36,432 496,551 496,551 14 52,296 496,551 35,280 479,536 479,536 15 53,341 479,536 33,965 460,160 460,160 16 54,408 460,160 32,472 438,223 438,223 17 55,496 438,223 30,786 413,512 413,512 18 56,606 413,512 28,891 385,797 385,797 19 57,738 385,797 26,770 354,828 354,828 20 58,893 354,828 24,404 320,338 320,338 21 60,071 320,338 21,773 282,040 282,040 22 61,273 1 282,040 18,855 1 239,622 239,622 23 62,498 239,622 15,628 192,752 192,752 24 63,748 192,752 12,066 141,070 141,070 25 65,023 141,070 8,142 84,189 84,189 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 1,294,861 CMPCIC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 67 30 $69,378 3.00% 13.300% 6.650% 6.650% 7.50% 20 CAPERS Miscellaneous 2%@62 PEPRA Employees Age 67 Retirement Costa Mesa Valuation average as of 6/30/2013 page C-2 Costa Mesa Valuation as of 6/30/2013 page A-5 Costa Mesa Valuation as of 6/30/2013 page D-1 Costa Mesa Valuation as of 6/30/2013 page A-3 PERS Actuary Life Expectancies Table Benefit Calculation: Maximum Service Accrual (years) Number of Payments (years) Final Average Compensation years Final Average Compensation (FAC) Benefit Factor (% of FAC) First Year Pension % of FAC First Year Pension (dollars) Account Balance at Retirement Cost Of Living Allowance (COLA) 9/24/2015 N/A 20 3 $67,377 2.50% 75.0% $50,533 $571,235 Investment Income for Current Year Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 1,958 1,958 3,916 3,916 147 4,062 2 30,324 2,017 2,017 4,033 7,949 456 8,551 3 31,233 2,077 2,077 4,154 12,103 797 13,502 4 32,170 2,139 2,139 4,279 16,381 1,173 18,954 5 33,135 2,203 2,203 4,407 20,788 1,587 24,948 6 34,129 2,270 2,270 4,539 25,327 2,041 31,529 7 35,153 2,338 2,338 4,675 30,003 2,540 38,744 8 36,208 2,408 2,408 4,816 34,818 3,086 46,646 9 37,294 2,480 2,480 4,960 39,779 3,684 55,291 10 38,413 2,554 2,554 5,109 44,888 4,338 64,738 11 1 39,565 2,631 2,631 5,262 50,150 5,053 75,053 12 40,752 2,710 2,710 5,420 55,570 5,832 86,305 13 41,975 2,791 2,791 5,583 61,152 6,682 98,570 14 43,234 2,875 2,875 5,750 66,903 7,608 111,928 15 44,531 2,961 2,961 5,923 72,825 8,617 126,468 16 45,867 3,050 3,050 6,100 78,925 9,714 142,282 17 47,243 3,142 3,142 6,283 85,209 10,907 159,472 18 48,660 3,236 3,236 6,472 91,681 12,203 178,147 19 SO,120 3,333 3,333 6,666 98,347 13,611 198,424 20 51,624 3,433 3,433 6,866 105,213 15,139 220,429 21 53,172 3,536 3,536 7,072 112,285 16,797 244,298 22 54,768 3,642 3,642 7,284 119,569 18,596 270,178 23 56,411 3,751 3,751 7,503 127,071 20,545 298,225 24 58,103 3,864 3,864 7,728 134,799 22,657 328,610 25 59,846 3,980 3,980 7,960 142,758 24,944 361,513 26 61,641 4,099 4,099 8,198 150,957 27,421 397,133 27 63,491 4,222 4,222 1 8,444 159,401 30,102 435,679 28 65,395 4,349 4,349 8,698 168,099 33,002 477,378 29 67,357 4,479 4,479 8,959 177,057 36,139 522,476 30 69,378 4,614 4,614 9,227 186,284 39,532 571,235 31 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 93,142 93,142 1 186,284 384,951 571,235 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 50,533 571,235 40,948 561,650 561,650 2 51,543 561,650 40,191 550,298 550,298 3 52,574 550,298 39,301 537,024 537,024 4 1 53,626 537,024 38,266 521,664 521,664 5 54,698 521,664 37,074 504,040 504,040 6 55,792 504,040 35,711 483,958 483,958 7 56,908 483,958 34,163 461,213 461,213 8 58,046 461,213 32,414 435,581 435,581 9 59,207 435,581 30,448 406,823 406,823 10 60,391 406,823 28,247 374,678 374,678 11 61,599 374,678 25,791 338,870 1 338,870 12 62,831 338,870 23,059 299,098 299,098 13 64,088 299,098 20,029 255,040 255,040 14 65,369 255,040 16,677 206,347 206,347 15 66,677 206,347 12,976 152,646 152,646 16 68,010 152,646 8,898 93,534 93,534 17 69,371 93,534 4,414 28,577 28,577 18 70,758 28,577 (510) (42,691) (42,691) 19 72,173 1 (114,864) 20 73,617 (188,481) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 1,227,811 CMPCIC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy s0 30 $122,631 3.00•A 28.9281Y. 14.464% 14.4641Y. 7.501Y. 1 35 CAPERS Safety 3%@50 CLASSIC Employees Age 50 Retirement Costa Mesa Valuation average as of 6/30/2013 page C-2 Costa Mesa Valuation as of 6/30/2013 page A-5 Costa Mesa Valuation as of 6/30/2013 page 6 Costa Mesa Valuation as of 6/30/2013 page A-3 PERS Actuary Life Expectancies Table Benefit Calculation: Maximum Service Accrual (years) Number of Payments (years) Final Average Compensation years Final Average Compensation (FAC) Benefit Factor (% of FAC) First Year Pension % of FAC First Year Pension (dollars) Account Balance at Retirement Cost Of Living Allowance (COLA) 9/24/2015 Benefit Year 35 1 $122,631 3.00% 90.0% $110,368 $2,196,141 2.00% Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 52,038 7,527 7,527 15,054 15,054 565 15,618 2 53,599 7,753 7,753 15,505 30,559 1,753 32,876 3 55,207 7,985 7,985 15,970 46,529 3,065 51,911 4 56,863 8,225 8,225 16,449 62,978 4,510 72,871 5 58,569 8,471 8,471 16,943 79,921 6,101 95,914 6 60,326 8,726 8,726 17,451 97,373 7,848 121,213 7 62,136 8,987 8,987 17,975 115,347 9,765 148,953 8 64,000 9,257 9,257 18,514 133,861 11,866 179,333 9 65,920 9,535 9,535 19,069 152,931 14,165 212,567 10 67,898 9,821 9,821 19,641 172,572 16,679 248,888 11 1 69,935 10,115 10,115 20,231 192,803 19,425 288,544 12 72,033 10,419 10,419 20,838 213,641 22,422 331,804 13 74,194 10,731 10,731 21,463 235,103 25,690 378,957 14 76,420 11,053 11,053 22,107 257,210 29,251 430,314 15 78,712 11,385 11,385 22,770 279,980 33,127 486,211 16 81,074 11,726 11,726 23,453 303,433 37,345 547,009 17 83,506 12,078 12,078 24,157 327,589 41,932 613,098 18 86,011 12,441 12,441 24,881 352,471 46,915 684,894 19 1 88,591 12,814 12,8141 25,628 378,098 52,328 762,850 20 91,249 13,198 13,198 26,397 404,495 58,204 847,450 21 93,986 13,594 13,594 27,188 431,683 64,578 939,217 22 96,806 14,002 14,002 28,004 459,687 71,491 1,038,712 23 99,710 14,422 14,422 28,844 488,531 78,985 1,146,542 24 102,702 14,855 14,855 29,709 518,241 87,105 1,263,356 25 105,783 15,300 15,300 30,601 548,842 95,899 1,389,856 26 108,956 15,759 15,759 31,519 580,360 105,421 1,526,796 27 112,225 16,232 16,232 1 32,464 612,825 115,727 1,674,987 28 115,591 16,719 16,719 33,438 646,263 126,878 1,835,303 29 119,059 17,221 17,221 34,441 680,705 138,939 2,008,684 30 122,631 17,737 17,737 35,475 716,179 151,982 2,196,141 31 32 33 34 35 36 37 38 39 40 TOTALS 2,475,730 358,090 358,090 716,179 1,479,961 2,196,141 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 110,368 2,196,141 160,572 2,246,344 2,246,344 2 112,575 2,246,344 164,254 2,298,023 2,298,023 3 114,827 2,298,023 168,046 2,351,242 2,351,242 4 1 117,123 2,351,242 171,951 2,406,070 2,406,070 5 119,466 2,406,070 175,975 2,462,580 2,462,580 6 121,855 2,462,580 180,124 2,520,849 2,520,849 7 124,292 2,520,849 184,403 2,580,959 2,580,959 8 126,778 2,580,959 188,818 2,642,999 2,642,999 9 129,314 2,642,999 193,376 2,707,061 2,707,061 10 131,900 2,707,061 198,083 2,773,244 2,773,244 11 134,538 2,773,244 1 202,948 2,841,655 2,841,655 12 137,229 2,841,655 207,978 2,912,404 2,912,404 13 139,973 2,912,404 213,181 2,985,612 2,985,612 14 142,773 2,985,612 218,567 3,061,406 3,061,406 15 145,628 3,061,406 224,144 3,139,923 3,139,923 16 148,541 3,139,923 229,924 3,221,306 3,221,306 17 151,511 3,221,306 235,916 3,305,711 3,305,711 18 154,542 3,305,711 242,133 3,393,302 3,393,302 19 157,633 3,393,302 1 248,586 3,484,256 3,484,256 20 160,785 3,484,256 255,290 3,578,761 3,578,761 21 164,001 3,578,761 262,257 3,677,017 3,677,017 22 167,281 3,677,017 269,503 3,779,239 3,779,239 23 170,627 3,779,239 277,044 3,885,657 3,885,657 24 174,039 3,885,657 284,898 3,996,516 3,996,516 25 177,520 3,996,516 293,082 4,112,077 4,112,077 26 181,070 4,112,077 301,616 4,232,623 4,232,623 27 184,692 4,232,623 310,521 4,358,452 4,358,452 28 188,385 4,358,452 319,819 4,489,886 4,489,886 29 192,153 4,489,886 329,536 4,627,268 4,627,268 30 195,996 4,627,268 339,695 4,770,967 4,770,967 31 199,916 4,770,967 350,326 4,921,377 4,921,377 32 203,914 4,921,377 361,456 5,078,919 5,078,919 33 207,993 5,078,919 373,119 5,244,045 5,244,045 34 212,153 5,244,045 385,348 5,417,240 5,417,240 35 1 216,396 5,417,240 398,178 5,599,023 5,599,023 36 37 38 39 40 TOTALS 5,517,786 CMPCIC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 57 30 $122,631 3.00% 25.3001Y. 12.650% 12.6501Y. 7.50% 1 29 CAPERS Safety 2.7%@57 PEPRA Employees Age 57 Retirement Costa Mesa Valuation average as of 6/30/2013 page C-2 Costa Mesa Valuation as of 6/30/2013 page A-5 Costa Mesa Valuation as of 6/30/2013 page D-1 Costa Mesa Valuation as of 6/30/2013 page A-3 PERS Actuary Life Expectancies Table Benefit Calculation: Maximum Service Accrual (years) Number of Payments (years) Final Average Compensation years Final Average Compensation (FAC) Benefit Factor (% of FAC) First Year Pension % of FAC First Year Pension (dollars) Account Balance at Retirement Cost Of Living Allowance (COLA) 9/24/2015 N/.` 29 3 $119,094 2.70% 81.0% $96,466 $1,920,712 2.000% Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 52,038 6,583 6,583 13,166 13,166 494 13,659 2 53,599 6,780 6,780 13,561 26,726 1,533 28,753 3 55,207 6,984 6,984 13,967 40,694 2,680 45,401 4 56,863 7,193 7,193 14,386 55,080 3,945 63,731 5 58,569 7,409 7,409 14,818 69,898 5,336 83,885 6 60,326 7,631 7,631 15,263 85,161 6,864 106,011 7 62,136 7,860 7,860 15,720 100,881 8,540 130,272 8 64,000 8,096 8,096 16,192 117,073 10,378 156,842 9 65,920 8,339 8,339 16,678 133,751 12,389 185,908 10 67,898 8,589 8,589 17,178 150,929 14,587 217,674 11 1 69,935 8,847 8,847 17,693 168,623 16,989 252,356 12 72,033 9,112 9,112 18,224 186,847 19,610 290,191 13 74,194 9,386 9,386 18,771 205,618 22,468 331,430 14 76,420 9,667 9,667 19,334 224,952 25,582 376,346 15 78,712 9,957 9,957 19,914 244,866 28,973 425,233 16 81,074 10,256 10,256 20,512 265,378 32,662 478,406 17 83,506 10,563 10,563 21,127 286,505 36,673 536,206 18 86,011 10,880 10,880 21,761 308,266 41,031 598,998 19 88,591 11,207 11,207 1 22,414 330,679 45,765 667,177 20 91,249 11,543 11,543 23,086 353,765 50,904 741,167 21 93,986 11,889 11,889 23,779 377,544 56,479 821,425 22 96,806 12,246 12,246 24,492 402,036 62,525 908,442 23 99,710 12,613 12,613 25,227 427,262 69,079 1,002,748 24 102,702 12,992 12,992 25,983 453,246 76,181 1,104,912 25 105,783 13,381 13,381 26,763 480,009 83,872 1,215,547 26 108,956 13,783 13,783 27,566 507,575 92,200 1,335,313 27 112,225 14,196 14,196 1 28,393 535,968 101,213 1,464,919 28 115,591 14,622 14,622 29,245 565,212 110,966 1,605,129 29 119,059 15,061 15,061 30,122 595,334 121,514 1,756,765 30 122,631 15,513 15,513 31,026 626,360 132,921 1,920,712 31 32 33 34 35 36 37 38 39 40 TOTALS 2,475,730 313,180 1 313,180 1 626,360 1,294,352 1,920,712 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 96,466 1,920,712 140,436 1,964,682 1,964,682 2 98,395 1,964,682 143,661 2,009,948 2,009,948 3 100,363 2,009,948 146,982 2,056,567 2,056,567 4 1 102,371 2,056,567 150,404 2,104,600 2,104,600 5 104,418 2,104,600 153,929 2,154,111 2,154,111 6 106,506 2,154,111 157,564 2,205,169 2,205,169 7 108,636 2,205,169 161,314 2,257,847 2,257,847 8 110,809 2,257,847 165,183 2,312,221 2,312,221 9 113,025 2,312,221 169,178 2,368,374 2,368,374 10 115,286 2,368,374 173,305 2,426,392 2,426,392 11 117,592 2,426,392 177,570 2,486,371 1 2,486,371 12 119,943 2,486,371 181,980 2,548,407 2,548,407 13 122,342 2,548,407 186,543 2,612,608 2,612,608 14 124,789 2,612,608 191,266 2,679,084 2,679,084 15 127,285 2,679,084 196,158 2,747,958 2,747,958 16 129,831 2,747,958 201,228 2,819,355 2,819,355 17 132,427 2,819,355 206,486 2,893,414 2,893,414 18 135,076 2,893,414 211,941 2,970,278 2,970,278 19 137,777 2,970,278 217,604 3,050,105 3,050,105 20 14Q533 3,050,105 223,488 3,133,061 3,133,061 21 143,343 3,133,061 229,604 3,219,321 3,219,321 22 146,210 3,219,321 235,966 3,309,077 3,309,077 23 149,135 3,309,077 242,588 3,402,531 3,402,531 24 152,117 3,402,531 249,485 3,499,899 3,499,899 25 155,160 3,499,899 256,674 3,601,413 3,601,413 26 158,263 3,601,413 264,171 3,707,321 3,707,321 27 161,428 3,707,321 1 271,996 3,817,889 3,817,889 28 164,657 3,817,889 280,167 3,933,399 3,933,399 29 167,950 3,933,399 288,707 4,054,157 4,054,157 30 31 32 33 34 35 36 37 38 39 40 TOTALS 3,742,134 CMPCIC Pension Calculator Participant Retirement Age Years of Service Final Year Salary Payroll Growth Factor Normal Cost Employee Pension Contribution Rate City Pension Contribution Rate Investment Rate of Return (Discount Rate) Life Expectancy 62 30 $122,631 3.00% 25.3001Y. 12.650% 12.6501Y. 7.50% 1 25 CAPERS Safety 2.7%@57 PEPRA Employees Age 62 Retirement Costa Mesa Valuation average as of 6/30/2013 page C-2 Costa Mesa Valuation as of 6/30/2013 page A-5 Costa Mesa Valuation as of 6/30/2013 page D-1 Costa Mesa Valuation as of 6/30/2013 page A-3 PERS Actuary Life Expectancies Table Benefit Calculation: Maximum Service Accrual (years) Number of Payments (years) Final Average Compensation years Final Average Compensation (FAC) Benefit Factor (% of FAC) First Year Pension % of FAC First Year Pension (dollars) Account Balance at Retirement Cost Of Living Allowance (COLA) 9/24/2015 N/.` 25 3 $119,094 2.70% 81.0% $96,466 $1,920,712 2.000% Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (per year) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 52,038 6,583 6,583 13,166 13,166 494 13,659 2 53,599 6,780 6,780 13,561 26,726 1,533 28,753 3 55,207 6,984 6,984 13,967 40,694 2,680 45,401 4 56,863 7,193 7,193 14,386 55,080 3,945 63,731 5 58,569 7,409 7,409 14,818 69,898 5,336 83,885 6 60,326 7,631 7,631 15,263 85,161 6,864 106,011 7 62,136 7,860 7,860 15,720 100,881 8,540 130,272 8 64,000 8,096 8,096 16,192 117,073 10,378 156,842 9 65,920 8,339 8,339 16,678 133,751 12,389 185,908 10 67,898 8,589 8,589 17,178 150,929 14,587 217,674 11 1 69,935 8,847 8,847 17,693 168,623 16,989 252,356 12 72,033 9,112 9,112 18,224 186,847 19,610 290,191 13 74,194 9,386 9,386 18,771 205,618 22,468 331,430 14 76,420 9,667 9,667 19,334 224,952 25,582 376,346 15 78,712 9,957 9,957 19,914 244,866 28,973 425,233 16 81,074 10,256 10,256 20,512 265,378 32,662 478,406 17 83,506 10,563 10,563 21,127 286,505 36,673 536,206 18 86,011 10,880 10,880 21,761 308,266 41,031 598,998 19 88,591 11,207 11,207 1 22,414 330,679 45,765 667,177 20 91,249 11,543 11,543 23,086 353,765 50,904 741,167 21 93,986 11,889 11,889 23,779 377,544 56,479 821,425 22 96,806 12,246 12,246 24,492 402,036 62,525 908,442 23 99,710 12,613 12,613 25,227 427,262 69,079 1,002,748 24 102,702 12,992 12,992 25,983 453,246 76,181 1,104,912 25 105,783 13,381 13,381 26,763 480,009 83,872 1,215,547 26 108,956 13,783 13,783 27,566 507,575 92,200 1,335,313 27 112,225 14,196 14,196 1 28,393 535,968 101,213 1,464,919 28 115,591 14,622 14,622 29,245 565,212 110,966 1,605,129 29 119,059 15,061 15,061 30,122 595,334 121,514 1,756,765 30 122,631 15,513 15,513 31,026 626,360 132,921 1,920,712 31 32 33 34 35 36 37 38 39 40 TOTALS 2,475,730 313,180 313,180 1 626,360 1,294,352 1,920,712 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 96,466 1,920,712 140,436 1,964,682 1,964,682 2 98,395 1,964,682 143,661 2,009,948 2,009,948 3 100,363 2,009,948 146,982 2,056,567 2,056,567 4 1 102,371 2,056,567 150,404 2,104,600 2,104,600 5 104,418 2,104,600 153,929 2,154,111 2,154,111 6 106,506 2,154,111 157,564 2,205,169 2,205,169 7 108,636 2,205,169 161,314 2,257,847 2,257,847 8 110,809 2,257,847 165,183 2,312,221 2,312,221 9 113,025 2,312,221 169,178 2,368,374 2,368,374 10 115,286 2,368,374 173,305 2,426,392 2,426,392 11 117,592 2,426,392 177,570 2,486,371 1 2,486,371 12 119,943 2,486,371 181,980 2,548,407 2,548,407 13 122,342 2,548,407 186,543 2,612,608 2,612,608 14 124,789 2,612,608 191,266 2,679,084 2,679,084 15 127,285 2,679,084 196,158 2,747,958 2,747,958 16 129,831 2,747,958 201,228 2,819,355 2,819,355 17 132,427 2,819,355 206,486 2,893,414 2,893,414 18 135,076 2,893,414 211,941 2,970,278 2,970,278 19 137,777 2,970,278 217,604 3,050,105 3,050,105 20 14Q533 3,050,105 223,488 3,133,061 3,133,061 21 143,343 3,133,061 229,604 3,219,321 3,219,321 22 146,210 3,219,321 235,966 3,309,077 3,309,077 23 149,135 3,309,077 242,588 3,402,531 3,402,531 24 152,117 3,402,531 249,485 3,499,899 3,499,899 25 155,160 3,499,899 256,674 3,601,413 3,601,413 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 3,089,837 Costa Mesa Pension Oversight Committee Participant Retirement Age Years of Service Life Expectancy (years) Final Year Salary Payroll Growth Factor Investment Rate of Return (Discount Rate) http://www.socialsecurity.gov/OACT/COLA/cbb.html#Series http://www.socialsecurity.gov/OACT/ProgData/taxRates.htmI http://www.ssa.gov/pubs/EN-05-10070.pdf Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $2,067,560 $4,923 Tier$ Tier% $743 $826 905, $1,311 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) Social Security Calculator 62 Age 62 - Early Retirement 30 Miscellaneous 25 PERS Actuary Life Expectancies Table $69,378 PERS 3.00% PERS 7.50% PERS Year Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $2,067,560 $4,923 Tier$ Tier% $743 $826 905, $1,311 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,054 Early Retirement Factor & Account Account Investment Income Final Monthly Amount $1,541 Account Balance at Retirement $524,226 524,226 Cost Of Living Allowance (COLA) 1 2.0094 PERS 2 Year Rate Base Max Index Factor Social Indexed Earnings Security Contributions Salary and Employee Contribution Account Values City Contribution Total Annual Contributions Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1975 4.95% 14,100 698 5.20 20,013 611,834 45,137 636,958 636,958 6 20,414 636,958 1976 4.95% 15,300 757 4.87 - - - - - - - - 1977 4.95% 16,500 817 4.59 53,304 753,199 753,199 10 22,096 753,199 55,661 786,764 1978 1 5.05% 1 17,700 894 1 4.25 - - - - - - - - 1979 5.08% 22,900 1,163 3.91 900,404 14 23,918 900,404 66,633 943,120 943,120 15 1980 5.08% 25,900 1,316 3.59 - - - - - - - - 1981 5.35% 29,700 1,589 3.26 25,889 1,088, 297 80,651 1,143, 059 1,143,059 19 26,407 1,143,059 1982 5.40% 32,400 1,750 3.09 - - - - - - - - 1983 5.40% 35,700 1,928 2.95 98,685 1,400,473 1,400,473 23 28,584 1,400,473 103,964 1,475,853 1984 5.70% 37,800 2,155 2.78 - - - - - - - - 1985 1 5.70% 1 39,600 2,257 2.67 78,606 29,440 1,678 1,678 3,356 3,356 126 3,482 1986 5.70% 42,000 2,394 2.59 78,538 30,324 1,728 1,728 3,457 6,813 391 7,330 1987 5.70% 43,800 2,497 2.44 76,209 31,233 1,780 1 1,780 3,561 10,374 683 11,574 1988 6.06% 45,000 2,727 2.32 74,635 32,170 1,950 1,950 3,899 14,273 1,014 16,487 1989 6.06% 48,000 2,909 2.23 73,892 33,135 2,008 2,008 4,016 18,289 1,387 1 21,890 1990 6.20°/ 51,300 3,181 2.13 72,696 34,129 2,116 2,116 4,232 22,521 1,800 27,922 1991 6.20% 53,400 3,311 2.06 72,416 35,153 2,180 2,180 4,359 26,880 2,258 34,539 1992 6.20% 55,500 3,441 1.96 70,967 36,208 2,245 2,245 4,490 31,370 2,759 41,788 1993 6.20% 1 57,600 3,571 1 1.94 1 72,351 37,294 2,312 2,312 4,624 35,994 3,307 49,720 1994 6.20% 60,600 3,757 1.89 72,600 38,413 2,382 2,382 4,763 40,757 3,908 58,390 1995 6.20% 61,200 3,794 1.82 72,009 39,565 2,453 2,453 4,906 1 45,663 4,563 67,860 1996 6.20% 62,700 3,887 1.73 70,501 40,752 2,527 2,527 5,053 50,717 5,279 78,192 1997 6.20% 65,400 4,055 1.64 68,839 41,975 2,602 2,602 5,205 55,921 6,060 89,456 1998 6.20% 68,400 4,241 1.56 67,445 43,234 2,681 2,681 5,361 61,282 6,910 101,728 1999 6.20% 72,600 4,501 1.47 65,461 44,531 2,761 2,761 5,522 66,804 7,837 115,086 2000 6.20% 76,200 4,724 1.40 64,214 45,867 2,844 2,844 5,688 72,492 8,845 129,619 2001 6.20% 1 80,400 4,985 1 1.36 1 64,251 47,243 2,929 2,929 5,858 78,350 1 9,941 145,418 2002 6.20% 84,900 5,264 1.35 65,691 48,660 3,017 3,017 6,034 84,384 11,133 162,584 2003 6.20% 87,000 5,394 1.32 66,159 1 50,120 3,107 3,107 6,215 90,599 12,427 181,226 2004 6.20% 87,900 5,450 1.26 65,046 51,624 3,201 3,201 6,401 97,000 13,832 201,459 2005 6.20% 90,000 5,580 1.21 64,339 53,172 3,297 3,297 6,593 103,593 15,357 223,409 2006 6.20% 94,200 5,840 1.16 63,530 54,768 3,396 3,396 6,791 110,385 17,010 247,211 2007 6.20% 97,500 6,045 1.11 62,616 56,411 3,497 3,497 6,995 117,380 18,803 273,009 2008 6.20% 102,000 6,324 1.09 1 63,332 58,103 3,602 3,602 7,205 124,584 20,746 300,960 2009 1 6.20% 1 106,800 6,622 1.10 65,831 59,846 1 3,710 3,710 7,421 132,005 1 22,850 331,231 2010 6.20% 1 106,800 6,622 1.08 66,573 61,641 3,822 3,822 7,644 139,649 25,129 364,003 2011 6.20% 106,800 6,622 1.04 66,030 63,491 3,936 3,936 7,873 147,522 27,595 399,472 2012 6.20% 110,100 6,826 1.01 66,049 65,395 4,055 4,055 8,109 155,631 30,264 437,845 2013 6.20% 113,700 7,049 1.00 67,357 67,357 4,176 4,176 8,352 163,983 33,152 479,349 2014 6.20°/ 117,000 7,254 1.00 69,378 69,378 4,301 4,301 8,603 172,586 36,274 524,226 TOTALS 2,067,560 1,400,635 86,293 86,293 172,586 351,640 524,226 Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $2,067,560 $4,923 Tier$ Tier% $743 $826 905, $1,311 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,054 Early Retirement Factor & Account Account Investment Income Final Monthly Amount $1,541 Account Balance at Retirement $524,226 524,226 Cost Of Living Allowance (COLA) 1 2.0094 PERS Benefit Year Social Benefit Payable Security Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 18,489 524,226 38,624 544,360 544,360 2 18,859 544,360 40,120 565,621 565,621 3 19,236 565,621 41,700 588,085 588,085 4 1 19,621 588,085 1 43,371 611,834 611,834 5 20,013 611,834 45,137 636,958 636,958 6 20,414 636,958 47,006 663,551 663,551 7 20,822 663,551 48,985 691,714 691,714 8 21,238 691,714 51,082 721,558 721,558 9 21,663 721,558 53,304 753,199 753,199 10 22,096 753,199 55,661 786,764 786,764 11 22,538 786,764 58,162 822,388 822,388 12 22,989 822,388 1 60,817 860,216 860,216 13 1 23,449 860,216 63,637 900,404 900,404 14 23,918 900,404 66,633 943,120 943,120 15 24,396 943,120 69,819 988,543 988,543 16 24,884 988,543 73,208 1,036,866 1,036,866 17 25,382 1,036,866 76,813 1,088,297 1,088,297 18 25,889 1,088, 297 80,651 1,143, 059 1,143,059 19 26,407 1,143,059 84,739 1,201,391 1,201,391 20 26,935 1,201,391 89,094 1,263,550 1,263,550 21 1 27,474 1,263,550 93,736 1,329,812 1,329,812 22 28,024 1,329,812 98,685 1,400,473 1,400,473 23 28,584 1,400,473 103,964 1,475,853 1,475,853 24 29,156 1,475,853 109,596 1,556,293 1,556,293 25 29,739 1,556,293 1 115,607 1,642,161 1,642,161 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 592,217 Costa Mesa Pension Oversight Committee Participant Retirement Age Years of Service Life Expectancy (years) Final Year Salary Payroll Growth Factor Investment Rate of Return (Discount Rate) http://www.socialsecurity.gov/OACT/COLA/cbb.html#Series http://www.socialsecurity.gov/OACT/ProgData/taxRates.htmI http://www.ssa.gov/pubs/EN-05-10070.pdf Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $2,067,560 $4,923 Tier$ Tier% $743 $826 905, $1,311 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) Social Security Calculator 67 Age 67 - Full Retirement Age 30 Miscellaneous 20 PERSActuary Life Expectancies Table $69,378 PERS 3.00% PERS 7.50% PERS Year Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $2,067,560 $4,923 Tier$ Tier% $743 $826 905, $1,311 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,054 Early Retirement Factor & Account Account Investment Income Final Monthly Amount $2,054 Account Balance at Retirement $524,226 524,226 Cost Of Living Allowance (COLA) 1 2.0094 PERS 2 Year Rate Base Max Index Factor Social Indexed Earnings Security Contributions Salary and Employee Contribution AccountValues City Contribution Total Annual Contributions Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1975 4.95% 14,100 698 5.20 26,685 582,417 42,681 598,413 598,413 6 27,218 598,413 1976 4.95% 15,300 757 4.87 - - - - - - - - 1977 4.95% 16,500 817 4.59 47,699 669,244 669,244 10 29,462 669,244 49,088 688,871 1978 1 5.05% 1 17,700 894 1 4.25 - - - - - - - - 1979 5.08% 22,900 1,163 3.91 753,127 14 31,890 753,127 55,289 776,526 776,526 15 1980 5.08% 25,900 1,316 3.59 - - - - - - - - 1981 5.35% 29,700 1,589 3.26 34,519 853,559 62,722 881,762 881,762 19 1 35,210 881,762 1982 5.40% 32,400 1,750 3.09 - - - - - - - - 1983 5.40% 35,700 1,928 2.95 23 1984 5.70% 37,800 2,155 2.78 - - - - - - - - 1985 5.70% 39,600 2,257 2.67 78,606 29,440 1,678 1,678 3,356 3,356 126 3,482 1986 5.70% 42,000 2,394 2.59 78,538 30,324 1,728 1,728 3,457 6,813 391 7,330 1987 5.70% 43,800 2,497 2.44 76,209 31,233 1,780 1 1,780 3,561 10,374 683 11,574 1988 6.06% 45,000 2,727 2.32 74,635 32,170 1,950 1,950 3,899 14,273 1,014 16,487 1989 6.06% 48,000 2,909 2.23 73,892 33,135 2,008 2,008 4,016 18,289 1,387 1 21,890 1990 6.20°/ 51,300 3,181 2.13 72,696 34,129 2,116 2,116 4,232 22,521 1,800 27,922 1991 6.20% 53,400 3,311 2.06 72,416 35,153 2,180 2,180 4,359 26,880 2,258 34,539 1992 6.20% 55,500 3,441 1.96 70,967 36,208 2,245 2,245 4,490 31,370 2,759 41,788 1993 6.20% 57,600 3,571 1 1.94 1 72,351 37,294 2,312 2,312 4,624 35,994 3,307 49,720 1994 6.20% 60,600 3,757 1.89 72,600 38,413 2,382 2,382 4,763 40,757 3,908 58,390 1995 6.20% 61,200 3,794 1.82 72,009 39,565 2,453 2,453 4,906 45,663 4,563 67,860 1996 6.20'/ 62,700 3,887 1.73 70,501 40,752 2,527 2,527 5,053 50,717 5,279 78,192 1997 6.20% 65,400 4,055 1.64 68,839 41,975 2,602 2,602 5,205 55,921 6,060 1 89,456 1998 6.20% 68,400 4,241 1.56 67,445 43,234 2,681 2,681 5,361 61,282 6,910 101,728 1999 6.20% 72,600 4,501 1.47 65,461 44,531 2,761 2,761 5,522 66,804 7,837 115,086 2000 6.20% 76,200 4,724 1.40 64,214 45,867 2,844 2,844 5,688 72,492 8,845 129,619 2001 6.20% 80,400 4,985 1 1.36 1 64,251 47,243 2,929 2,929 1 5,858 78,350 9,941 145,418 2002 6.20% 84,900 5,264 1.35 65,691 48,660 3,017 3,017 6,034 84,384 11,133 162,584 2003 1 6.20% 87,000 5,394 1.32 66,159 50,120 3,107 3,107 6,215 90,599 12,427 181,226 2004 6.20% 87,900 5,450 1.26 65,046 51,624 3,201 3,201 6,401 97,000 13,832 201,459 2005 6.20% 90,000 5,580 1.21 64,339 53,172 3,297 3,297 6,593 103,593 15,357 223,409 2006 6.20% 94,200 5,840 1.16 63,530 54,768 3,396 3,396 6,791 110,385 17,010 247,211 2007 6.20% 97,500 6,045 1.11 62,616 56,411 3,497 3,497 6,995 117,380 18,803 273,009 2008 6.20% 102,000 6,324 1.09 1 63,332 58,103 3,602 3,602 7,205 124,584 20,746 300,960 2009 6.20% 106,800 6,622 1.10 65,831 59,846 3,710 3,710 1 7,421 132,005 1 22,850 331,231 2010 6.20% 106,800 6,622 1.08 66,573 61,641 3,822 3,822 7,644 139,649 25,129 364,003 2011 6.20% 1 106,800 6,622 1.04 66,030 63,491 3,936 3,936 7,873 147,522 27,595 399,472 2012 6.20% 110,100 6,826 1.01 66,049 65,395 4,055 4,055 8,109 155,631 30,264 437,845 2013 6.20% 113,700 7,049 1.00 67,357 67,357 4,176 4,176 8,352 163,983 33,152 479,349 2014 6.20% 117,000 7,254 1.00 69,378 69,378 4,301 4,301 8,603 172,586 36,274 524,226 TOTALS 2,067,560 1,400,635 86,293 86,293 172,586 351,640 524,226 Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $2,067,560 $4,923 Tier$ Tier% $743 $826 905, $1,311 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,054 Early Retirement Factor & Account Account Investment Income Final Monthly Amount $2,054 Account Balance at Retirement $524,226 524,226 Cost Of Living Allowance (COLA) 1 2.0094 PERS Benefit Year Social Benefit Payable Security Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 24,652 524,226 38,392 537,966 537,966 2 25,145 537,966 39,404 552,225 552,225 3 25,648 552,225 40,455 567,032 567,032 4 1 26,161 567,032 1 41,546 582,417 582,417 5 26,685 582,417 42,681 598,413 598,413 6 27,218 598,413 43,860 615,055 615,055 7 27,763 615,055 45,088 632,380 632,380 8 28,318 632,380 46,367 650,429 650,429 9 28,884 650,429 47,699 669,244 669,244 10 29,462 669,244 49,088 688,871 688,871 11 30,051 688,871 50,538 1 709,358 709,358 12 30,652 709,358 52,052 730,758 730,758 13 31,265 730,758 53,634 753,127 753,127 14 31,890 753,127 55,289 776,526 776,526 15 32,528 776,526 57,020 801,017 801,017 16 33,179 801,017 58,832 826,670 826,670 17 33,842 826,670 60,731 853,559 853,559 18 34,519 853,559 62,722 881,762 881,762 19 1 35,210 881,762 1 64,812 911,364 911,364 20 35,914 911,364 67,006 942,456 942,456 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 598,988 Costa Mesa Pension Oversight Committee Participant Retirement Age Years of Service Life Expectancy (years) Final Year Salary Payroll Growth Factor Investment Rate of Return (Discount Rate) http://www.socialsecurity.gov/OACT/COLA/cbb.html#Series http://www.socialsecurity.gov/OACT/ProgData/taxRates.htmI http://www.ssa.gov/pubs/EN-05-10070.pdf Social Security Calculator 62 Age 62 - Early Retirement 30 Safety 25 PERS Actuary Life Expectancies Table $122,631 PERS 3.00% PERS 7.50% PERS Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $3,306,180 $7,872 Tier$ Tier% $743 $826 905, $1,329 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,073 Early Retirement Factor Final Monthly Amount $1,555 Account Balance at Retirement $821,607 Cost Of Living Allowance (COLA) 1 2.00% PERS Benefit Year Social Benefit Payable Security Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 Year Rate Base Max Index Factor Social Indexed Earnings Security Contributions Salary and Employee Contribution Account Values City Contribution Total Annual Contributions Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1975 4.95% 14,100 698 5.20 19,796 956,958 71,029 1,008,191 1,008,191 5 20,192 1,008,191 1976 4.95% 15,300 757 4.87 - - - - - - - - 1977 4.95% 16,500 817 4.59 87,959 1,250,029 1,250,029 9 21,856 1,250,029 92,933 1,321,105 1978 5.05% 17,700 894 4.25 - - - - - - - - 1979 5.080/. 1 22,900 1,163 3.91 1,565,050 13 23,658 1,565,050 116,492 1,657,884 1,657,884 14 1980 5.08% J 25,900 1,316 3.59 - - - - - - - - 1981 5.35% 29,700 1,589 3.26 25,608 1,977,153 147,326 2,098,871 2,098,871 18 26,120 2,098,871 1982 5.400% 32,400 1,750 3.09 - - - - - - - - 1983 5.40% 35,700 1,928 2.95 187,825 2,678,300 2,678, 300 22 28,273 2,678,300 199,812 2,849,839 1984 5.70% 37,800 2,155 2.78 - - - - - - - - 1985 5.70% 39,600 2,257 2.67 105,732 52,038 2,257 1 2,257 4,514 4,514 169 4,684 1986 5.70% 42,000 2,394 2.59 108,780 53,599 2,394 2,394 4,788 9,302 531 10,003 1987 5.70% 1 43,800 2,497 2.44 106,872 55,207 2,497 2,497 4,993 14,296 937 1 15,933 1988 6.06% 45,000 2,727 2.32 104,400 56,863 2,727 2,727 5,454 19,750 1,400 22,787 1989 6.06% 48,000 2,909 2.23 107,040 58,569 2,909 2,909 5,818 25,567 1,927 30,531 1990 6.20% 51,300 3,181 2.13 109,269 60,326 3,181 3,181 6,361 31,928 2,528 39,421 1991 6.20% 53,400 3,311 2.06 110,004 62,136 3,311 3,311 6,622 38,550 3,205 49,248 1992 6.20% 55,500 3,441 1.96 108,780 64,000 3,441 3,441 6,882 45,432 3,952 60,081 1993 6.20% 57,600 3,571 1 1.94 1 111,744 65,920 3,571 1 3,571 7,142 52,574 1 4,774 71,997 1994 6.20% 60,600 3,757 1.89 114,534 67,898 3,757 3,757 7,514 60,089 5,682 85,193 1995 6.20% 1 61,200 3,794 1.82 111,384 69,935 3,794 3,794 7,589 67,678 6,674 99,456 1996 6.209% 62,700 3,887 1.73 108,471 72,033 3,887 3,887 7,775 75,452 7,751 114,982 1997 6.20% 65,400 4,055 1.64 107,256 74,194 4,055 4,055 8,110 83,562 8,928 132,019 1998 6.20% 68,400 4,241 1.56 106,704 76,420 4,241 4,241 8,482 92,044 10,220 150,720 1999 6.20% 72,600 4,501 1.47 106,722 78,712 4,501 4,501 9,002 101,046 11,642 171,364 2000 6.20% 76,200 4,724 1.40 106,680 81,074 4,724 4,724 9,449 110,495 13,207 194,020 2001 6.20% 80,400 4,985 1 1.36 1 109,344 83,506 4,985 1 4,985 9,970 120,464 1 14,925 218,915 2002 6.20% 84,900 5,264 1.35 114,615 86,011 5,264 5,264 10,528 130,992 16,813 246,256 2003 1 6.20% 1 87,000 5,394 1.32 114,840 88,591 5,394 5,394 10,788 141,780 18,874 275,918 2004 6.20% 87,900 5,450 1.26 110,754 91,249 5,450 5,450 10,900 152,680 21,103 307,920 2005 6.20% 90,000 5,580 1.21 108,900 93,986 5,580 5,580 11,160 163,840 23,512 342,592 2006 6.20% 94,200 5,840 1.16 109,272 96,806 5,840 5,840 11,681 175,520 26,132 380,405 2007 6.20% 97,500 6,045 1.11 108,225 99,710 6,045 6,045 12,090 187,610 28,984 421,479 2008 6.20% 102,000 6,324 1.09 111,180 102,702 6,324 6,324 12,648 200,258 32,085 466,212 2009 6.20% 106,800 6,622 1 1.10 116,361 105,783 6,559 6,559 13,117 213,375 35,458 514,787 2010 6.20% 106,800 6,622 1.08 115,344 108,956 6,622 6,622 13,243 226,619 39,106 567,136 2011 6.20% 1 106,800 6,622 1.04 111,072 1 112,225 6,622 6,622 1 13,243 239,862 43,032 623,411 2012 6.209/ 110,100 6,826 1.01 111,201 115,591 6,826 6,826 13,652 253,514 47,268 684,331 2013 6.20% 113,700 7,049 1.00 113,700 119,059 7,049 7,049 14,099 267,613 51,854 750,284 2014 6.200% 117,000 7,254 1.00 117,000 122,631 7,254 7,254 14,508 282,121 56,815 821,607 TOTALS 1 3,306,180 2,475,730 141,061 141,061 282,121 539,486 821,607 Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $3,306,180 $7,872 Tier$ Tier% $743 $826 905, $1,329 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,073 Early Retirement Factor Final Monthly Amount $1,555 Account Balance at Retirement $821,607 Cost Of Living Allowance (COLA) 1 2.00% PERS Benefit Year Social Benefit Payable Security Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 18,654 821,607 60,921 863,874 863,874 2 19,027 863,874 64,077 908,924 908,924 3 19,408 908,924 67,442 956,958 956,958 4 19,796 956,958 71,029 1,008,191 1,008,191 5 20,192 1,008,191 74,857 1,062,857 1,062,857 6 20,596 1,062,857 78,942 1,121,203 1,121,203 7 21,008 1,121, 203 83,302 1,183,498 1,183,498 8 21,428 1,183,498 87,959 1,250,029 1,250,029 9 21,856 1,250,029 92,933 1,321,105 1,321,105 10 22,293 1,321,105 98,247 1,397,058 1,397,058 11 1 22,739 1,397,058 1 103,927 1,478,246 1,478,246 12 23,194 1,478,246 109,999 1,565,050 1,565,050 13 23,658 1,565,050 116,492 1,657,884 1,657,884 14 24,131 1,657,894 123,436 1,757,189 1,757,189 15 24,614 1,757,189 130,866 1,863,442 1,863,442 16 25,106 1,863,442 138,817 1,977,153 1,977,153 17 25,608 1,977,153 147,326 2,098,871 2,098,871 18 26,120 2,098,871 156,436 2,229,186 2,229,186 19 26,643 2,229,186 166,190 1 2,368,733 2,368,733 20 27,176 2,368,733 176,636 2,518,194 2,518,194 21 27,719 2,518,194 187,825 2,678,300 2,678, 300 22 28,273 2,678,300 199,812 2,849,839 2,849,839 23 1 28,839 2,849,839 212,656 3,033,656 3,033,656 24 29,416 3,033,656 226,421 3,230,662 3,230,662 25 30,004 3,230,662 1 241,174 3,441,832 3,441,832 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 597,497 Costa Mesa Pension Oversight Committee Participant Retirement Age Years of Service Life Expectancy (years) Final Year Salary Payroll Growth Factor Investment Rate of Return (Discount Rate) http://www.socialsecurity.gov/OACT/COLA/cbb.html#Series http://www.socialsecurity.gov/OACT/ProgData/taxRates.htmI http://www.ssa.gov/pubs/EN-05-10070.pdf Social Security Calculator 67 Age 67 - Full Retirement Age 30 Safety 20 PERSActuary Life Expectancies Table $122,631 PERS 3.00% PERS 7.50% PERS Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $3,306,180 $7,872 Tier$ Tier% $743 $826 905, $1,329 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,073 Early Retirement Factor Final Monthly Amount $2,073 Account Balance at Retirement $821,607 Cost Of Living Allowance (COLA) 1 2.00% PERS Benefit Year Social Benefit Payable Security Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 Year Rate Base Max Index Factor Social Indexed Earnings Security Contributions Salary and Employee Contribution AccountValues City Contribution Total Annual Contributions Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1975 4.95% 14,100 698 5.20 26,395 935,717 69,189 978,511 978,511 5 26,922 978,511 1976 4.95% 15,300 757 4.87 - - - - - - - - 1977 4.95% 16,500 817 4.59 83,201 1,178,266 1,178,266 9 29,142 1,178,266 87,277 1,236,401 1978 5.05% 17,700 894 4.25 - - - - - - - - 1979 5.08% 22,900 1,163 3.91 1,434,438 13 31,544 1,434,438 106,400 1,509,294 1,509,294 14 1980 5.08% 25,900 1,316 3.59 - - - - - - - - 1981 5.35% 29,700 1,589 3.26 34,1441 1,765,083 131,101 1,862,039 1,862,039 18 34,827 1,862,039 1982 5.400% 32,400 1,750 3.09 - - - - - - - - 1983 5.40% 35,700 1,928 2.95 22 1984 5.70% 37,800 2,155 2.78 - - - - - - - - 1985 5.70% 39,600 2,257 2.67 105,732 52,038 2,257 1 2,257 4,514 4,514 169 4,684 1986 5.70% 42,000 2,394 2.59 108,780 53,599 2,394 2,394 4,788 9,302 531 10,003 1987 5.70% 43,800 2,497 2.44 106,872 55,207 2,497 2,497 4,993 14,296 937 1 15,933 1988 6.06% 45,000 2,727 2.32 104,400 56,863 2,727 2,727 5,454 19,750 1,400 22,787 1989 6.06% 48,000 2,909 2.23 107,040 58,569 2,909 2,909 5,818 25,567 1,927 30,531 1990 6.20% 51,300 3,181 2.13 109,269 60,326 3,181 3,181 6,361 31,928 2,528 39,421 1991 6.20% 53,400 3,311 2.06 110,004 62,136 3,311 3,311 6,622 38,550 3,205 49,248 1992 6.20% 55,500 3,441 1.96 108,780 64,000 3,441 3,441 6,882 45,432 3,952 60,081 1993 6.20% 57,600 3,571 1 1.94 1 111,744 65,920 3,571 1 3,571 7,142 52,574 1 4,774 71,997 1994 6.20% 60,600 3,757 1.89 114,534 67,898 3,757 3,757 7,514 60,089 5,682 85,193 1995 6.20% 61,200 3,794 1.82 111,384 69,935 3,794 3,794 7,589 67,678 6,674 99,456 1996 6.20'/ 62,700 3,887 1.73 108,471 72,033 3,887 3,887 7,775 75,452 7,751 114,982 1997 6.20% 65,400 4,055 1.64 107,256 74,194 4,055 4,055 8,110 83,562 8,928 132,019 1998 6.20% 68,400 4,241 1.56 106,704 76,420 4,241 4,241 8,482 92,044 10,220 150,720 1999 6.20% 72,600 4,501 1.47 106,722 78,712 4,501 4,501 9,002 101,046 11,642 171,364 2000 6.20% 76,200 4,724 1.40 106,680 81,074 4,724 4,724 9,449 110,495 13,207 194,020 2001 6.20% 80,400 4,985 1 1.36 1 109,344 83,506 4,985 1 4,985 9,970 120,464 1 14,925 218,915 2002 6.20% 84,900 5,264 1.35 114,615 86,011 5,264 5,264 10,528 130,992 16,813 246,256 2003 6.20% 87,000 5,394 1.32 114,840 88,591 5,394 5,394 10,788 141,780 18,874 275,918 2004 6.20% 87,900 5,450 1.26 110,754 91,249 5,450 5,450 10,900 152,680 21,103 307,920 2005 6.20% 1 90,000 5,580 1.21 108,900 93,986 5,580 5,580 11,160 163,840 23,512 342,592 2006 6.20% 94,200 5,840 1.16 109,272 96,806 5,840 5,840 11,681 175,520 26,132 380,405 2007 6.20% 97,500 6,045 1.11 108,225 99,710 6,045 6,045 12,090 187,610 28,984 421,479 2008 6.20% 102,000 6,324 1.09 111,180 102,702 6,324 6,324 12,648 200,258 32,085 466,212 2009 6.20% 106,800 6,622 1 1.10 1 116,361 105,783 6,559 6,559 13,117 213,375 35,458 1 514,787 2010 6.20% 106,800 6,622 1.08 115,344 108,956 6,622 6,622 13,243 226,619 39,106 567,136 2011 6.20% 106,800 6,622 1.04 111,072 112,225 6,622 6,622 13,243 239,862 43,032 623,411 2012 6.20°/ 110,100 6,826 1.01 111,201 115,591 6,826 6,826 13,652 253,514 47,268 684,331 2013 6.20% 113,700 7,049 1.00 113,700 119,059 7,049 7,049 14,099 267,613 51,854 750,284 2014 6.20% 117,000 7,254 1.00 117,000 122,631 7,254 7,254 14,508 282,121 56,815 821,607 TOTALSi 3,306,180 2,475,730 141,061 141,061 282,121 539,486 821,607 Benefit Calculation: Indexed Earnings 35 Year Average (monthly) 9/24/2015 $3,306,180 $7,872 Tier$ Tier% $743 $826 905, $1,329 $4,980 32% $0 > $4,980 15% First Month Pension (dollars) $2,073 Early Retirement Factor Final Monthly Amount $2,073 Account Balance at Retirement $821,607 Cost Of Living Allowance (COLA) 1 2.00% PERS Benefit Year Social Benefit Payable Security Payments Opening Account Value & Account Account Investment Income Balance Closing Account Value Account Surplus/ Deficit 1 24,872 821,607 60,688 857,423 857,423 2 25,370 857,423 63,355 895,409 895,409 3 25,877 895,409 66,185 935,717 935,717 4 26,395 935,717 69,189 978,511 978,511 5 26,922 978,511 72,379 1,023,968 1,023,968 6 27,461 1,023,968 75,768 1,072,275 1,072,275 7 28,010 1,072,275 79,370 1,123,635 1,123,635 8 28,570 1,123,635 83,201 1,178,266 1,178,266 9 29,142 1,178,266 87,277 1,236,401 1,236,401 10 29,725 1,236,401 91,615 1,298,292 1,298,292 11 1 30,319 1,298,292 1 96,235 1,364,208 1,364,208 12 30,925 1,364,208 101,156 1,434,438 1,434,438 13 31,544 1,434,438 106,400 1,509,294 1,509,294 14 32,175 1,509,294 111,991 1,589,110 1,589,110 15 32,818 1,589,110 117,953 1,674,244 1,674,244 16 33,475 1,674,244 124,313 1,765,083 1,765,083 17 34,1441 1,765,083 131,101 1,862,039 1,862,039 18 34,827 1,862,039 138,347 1,965,559 1,965,559 19 35,524 1,965,559 146,085 1 2,076,120 2,076,120 20 36,234 2,076,120 154,350 2,194,237 2,194,237 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 604,328 Costa Mesa Pension Oversight Committee Participant Retirement Age 62 Years of Service 30 Final Year Salary $69,378 Payroll Growth Factor 3.00% Normal Cost 13.300% Employee Pension Contribution Rate 6.650% City Pension Contribution Rate 6.650% Investment Rate of Return (Discount Rate) 7.50% Life Expectancy 25 401a/457 Defined Contribution Plan Calculator Benefit Calculation: Age 62 Retirement Miscellaneous PERS PERS PERS PERS Actuary Life Expectancies Table Account Balance at Retirement Cost Of Living Allowance (COLA) Number of Payments (years) First Year Benefit (dollars) $571,235 2.00% 25 $41,427 Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (peryear) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 29,440 1,958 1,958 3,916 3,916 147 4,062 2 30,324 2,017 2,017 4,033 7,949 456 8,551 3 31,233 2,077 2,077 4,154 12,103 797 13,502 4 1 32,170 2,139 2,139 1 4,279 16,381 1,173 18,954 5 33,135 2,203 2,203 4,407 20,788 1,587 24,948 6 34,129 2,270 2,270 4,539 25,327 2,041 31,529 7 35,153 2,338 2,338 4,675 30,003 2,540 38,744 8 36,208 2,408 2,408 4,816 34,818 3,086 46,646 9 37,294 2,480 2,480 4,960 39,779 3,684 55,291 10 11 Mmax44,888 39,565 2,631 2,631 5,262 50,150 4,338 5,053 64,738 75,053 12 40,752 2,710 2,710 5,420 55,570 5,832 86,305 13 41,975 2,791 2,791 5,583 61,152 6,682 98,570 14 43,234 2,875 2,875 5,750 66,903 7,608 111,928 15 44,531 2,961 2,961 5,923 72,825 8,617 126,468 16 45,867 3,050 3,050 1 6,100 78,925 9,714 142,282 17 47,243 3,142 3,142 6,283 85,209 10,907 159,472 18 48,660 3,236 3,236 6,472 91,681 12,203 178,147 19 50,120 3,333 3,333 6,666 98,347 13,611 198,424 20 51,624 3,433 3,433 6,866 105,213 15,139 220,429 21 53,172 3,536 3,536 7,072 112,285 16,797 244,298 22 1 54,768 3,642 3,642 7,284 119,569 18,596 270,178 23 56,411 3,751 3,751 7,503 127,071 20,545 298,225 24 58,103 3,864 3,864 7,728 134,799 22,657 328,610 25 59,846 3,980 3,980 7,960 142,758 24,944 361,513 26 61,641 4,099 4,099 8,198 150,957 27,421 397,133 27 63,491 4,222 4,222 8,444 159,401 30,102 435,679 28 65,395 4,349 4,349 8,698 168,099 33,002 477,378 29 67,357 4,479 4,479 8,959 177,057 36,139 522,476 30 69,378 4,614 4,614 9,227 186,284 39,532 571,235 31 TOTALS 1,326,919 32 33 34 35 36 37 38 39 40 TOTALS 1,400,635 1 93,142 93,142 186,284 384,951 571,235 Account Balance at Retirement Cost Of Living Allowance (COLA) Number of Payments (years) First Year Benefit (dollars) $571,235 2.00% 25 $41,427 9/24/2015 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 41,427 571,235 41,289 571,097 571,097 2 42,256 571,097 41,248 570,089 570,089 3 43,101 570,089 41,140 568,129 568,129 4 1 43,963 568,129 1 40,961 565,128 565,128 5 44,842 565,128 40,703 560,989 560,989 6 45,739 560,989 40,359 555,609 555,609 7 46,654 555,609 39,921 548,876 548,876 8 47,587 548,876 39,381 540,671 540,671 9 48,538 540,671 38,730 530,863 530,863 10 49,509 530,863 37,958 519,312 519,312 11 1 50,499 519,312 1 37,055 505,867 505,867 12 51,509 505,867 36,008 490,367 490,367 13 52,539 490,367 34,807 472,634 472,634 14 53,590 472,634 33,438 452,482 452,482 15 54,662 452,482 31,886 429,706 429,706 16 55,755 429,706 30,137 404,088 404,088 17 56,870 404,088 28,174 375,392 375,392 18 58,008 375,392 25,979 343,363 343,363 19 59,168 343,363 23,533 307,728 307,728 20 60,351 307,728 20,816 268,194 268,194 21 61,558 268,194 17,806 224,441 224,441 22 62,790 224,441 14,478 176,130 176,130 23 64,045 176,130 10,808 122,893 122,893 24 65,326 122,893 6,767 64,334 64,334 25 66,633 64,334 2,326 28 28 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 1,326,919 Costa Mesa Pension Oversight Committee Participant Retirement Age 62 Years of Service 30 Final Year Salary $122,631 Payroll Growth Factor 3.00•oA Normal Cost 25.3009% Employee Pension Contribution Rate 12.650% City Pension Contribution Rate 12.650% Investment Rate of Return (Discount Rate) 7.50% Life Expectancy 25 401a/457 Defined Contribution Plan Calculator Benefit Calculation: Age 62 Retirement Safety PERS PERS PERS PERS Actuary Life Expectancies Table Account Balance at Retirement Cost Of Living Allowance (COLA) Number of Payments (years) First Year Benefit (dollars) $1,920,712 2.00% 25 $139,294 9/24/2015 Benefit Year Pension Benefit Payable Employment Year Salary Pension Employee Contribution Contributions City Contribution and Account Total Contributions (peryear) Values Accumulated Total Contributions Investment Income for Current Year Year End Account Value 1 52,038 6,583 6,583 13,166 13,166 494 13,659 2 53,599 6,780 6,780 13,561 26,726 1,533 28,753 3 55,207 6,984 6,984 13,967 40,694 2,680 45,401 4 1 56,863 7,193 7,193 1 14,386 55,080 3,945 63,731 5 58,569 7,409 7,409 14,818 69,898 5,336 83,885 6 60,326 7,631 7,631 15,263 85,161 6,864 106,011 7 62,136 7,860 7,860 15,720 100,881 8,540 130,272 8 64,000 8,096 8,096 16,192 117,073 10,378 156,842 9 65,920 8,339 8,339 16,678 133,751 12,389 185,908 10 67,898 8,589 8,589 17,178 150,929 14,587 217,674 11 69,935 8,847 8,847 17,693 168,623 16,989 252,356 12 72,033 9,112 9,112 18,224 186,847 19,610 290,191 13 74,194 9,386 9,386 18,771 205,618 22,468 331,430 14 76,420 9,667 9,667 19,334 224,952 25,582 376,346 15 78,712 9,957 9,957 19,914 244,866 28,973 425,233 16 81,074 10,256 10,256 20,512 265,378 32,662 478,406 17 83,506 10,563 10,563 21,127 286,505 36,673 536,206 18 86,011 10,880 10,880 21,761 308,266 41,031 598,998 19 88,591 11,207 11,207 22,414 330,679 45,765 667,177 20 91,249 11,543 11,543 23,086 353,765 50,904 741,167 21 93,986 11,889 11,889 23,779 377,544 56,479 821,425 22 1 96,806 12,246 12,246 24,492 402,036 62,525 908,442 23 99,710 12,613 12,613 25,227 427,262 69,079 1,002,748 24 102,702 12,992 12,992 25,983 453,246 76,181 1,104, 912 25 105,783 13,381 13,381 26,763 480,009 83,872 1,215,547 26 108,956 13,783 13,783 27,566 507,575 92,200 1,335,313 27 112,225 14,196 14,196 28,393 535,968 101,213 1,464,919 28 115,591 14,622 14,622 29,245 565,212 110,966 1,605,129 29 119,059 15,061 15,061 30,122 595,334 121,514 1,756,765 30 122,631 15,513 15,513 31,026 626,360 132,921 1,920,712 31 32 33 34 35 36 37 38 39 40 TOTALS 2,475,730 313,180 313,180 626,360 1,294,352 1,920,712 Account Balance at Retirement Cost Of Living Allowance (COLA) Number of Payments (years) First Year Benefit (dollars) $1,920,712 2.00% 25 $139,294 9/24/2015 Benefit Year Pension Benefit Payable Payments Opening Account Value & Account Balance Account Investment Income Closing Account Value Account Surplus/ Deficit 1 139,294 1,920,712 138,830 1,920,248 1,920,248 2 142,080 1,920,248 138,691 1,916,859 1,916,859 3 144,921 1,916,859 138,330 1,910,267 1,910,267 4 1 147,820 1,910, 267 1 137,727 1,900,174 1 1,900,174 5 150,776 1,900,174 136,859 1,886,256 1,886,256 6 153,792 1,886,256 135,702 1,868,167 1,868,167 7 156,868 1,868,167 134,230 1,845, 529 1,845,529 8 160,005 1,945,529 132,414 1,817,938 1,817,938 9 163,205 1,817,938 130,225 1,794,958 1,784,958 10 166,469 1,784,958 127,629 1,746,119 1,746,119 11 169,799 1,746,119 1 124,591 1,700,911 1,700,911 12 173,195 1,700,911 121,074 1,648,790 1,648,790 13 176,658 1,648, 790 117,035 1,589,166 1,589,166 14 180,192 1,589,166 112,430 1,521,405 1,521,405 15 183,795 1,521,405 107,213 1,444,823 1,444,823 16 187,471 1,444,823 101,332 1,358,683 1,358,683 17 191,221 1,358,683 94,730 1 1,262,192 1,262,192 18 195,045 1,262,192 87,350 1,154,497 1,154,497 19 198,946 1,154,497 79,127 1,034,678 1,034,678 20 1 202,925 1,034,678 69,991 901,744 901,744 21 206,984 901,744 59,869 754,630 754,630 22 211,123 754,630 48,680 592,186 592,186 23 215,346 592,186 36,339 413,179 413,179 24 219,653 413,179 1 22,751 216,278 216,278 25 224,046 216,278 7,819 52 52 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS 4,461,629 LifeExpe-c anoyTable BaaedonCaIPERSAc¢uarIsIAsaumptlona adop-6d In2414uaing20T93F MorialKylrnprovement Profeellon Healthy Reuiplent G ratNlltyrMorlaltty Mon-Woft Re6iAra Work R*kd" Am awl lFOMA&D JAI& Fa Rft MDI@ Fl sfo P 31.09 84.72 60.30 68.73 77:73 SDAS 1 90.99 83.74 E9.53 67:96 76.93 79.71. 2 79.99 92.75 58:96 6730 75.93 7S,82 9 79.93 91.76 58x19 65.13 75.02 T729 4 77.95 90.77 57:52 65:66 74.12 76:97 9 7G.97 79.78 55:94 6429 7321 76.0,E a 75.99 79.00 5637 64.12 72.31 75.12 7 75.00 1.01 55.59 63.34 71 AO 74.19 9 74.02 75.02 58.90 62.56 70.E9 7351 9 73.94 75.83 5431 61.79 69.58 72.34 10 72.05 71.84 53.52 61.00 69.57 71.81 11 71.07 ?3.05 52,82 643.21 67.76 MAH 12 71129 72.06 5:.12 59.83 65:05 69.55 19 59.91 71.09 S1A2 50.64 65:94 59.62 14 58.12 70.89 50.72 57:95 65.02 67;59 i6 63.14 59.90 50.07 57.05 64.11 65.76 16 56.75 58.91 89.30 5E.26 63.19 65.92. 17 6E17 5T32 40.59 55:46 52.27 64.09 10 54.19 65.93 87.87 54.66 51.36 53.95 in 63.30 65:94 47.15 53.86 617.44 63.0 80 62.22 64.95 4661 53.06 59.52 62.09 21 61.23 63.97 45.72 5235 58.50 61.15 22 60.25 62.98 44.99 51 F5 57.SB 6021 22 59.26 51.99 4437 50.64 56.75 5937 24 58.20 51.00 43.54 49.83 55,B3 58.34 26 57.30 60.07 42.92 49.413 54.91 57Aa 20 55.31 59.92. 42.09 48.22 53.90 55.89 27 55.33 50.04 41.35 47.81 53.06 SS.52 28 54.35. 53.05 48.63 45.60 52.14 54.SB 28 53.36 56.05 39.99 45.79 5127 53.65 a0 52.38 55.00 39.17 44.90 50.79 52.71 91 51A9 5E.09' 3SA3 41.17 49.37 51.77 92 58A2 53.11 37.71 43.36 4SA4 50.94 35 19.45 52.13 39.98 42.59 43.52 49:90 34 19.47 51.15 3635 41.75 46.60 4B.97 36 17.EV 50.17 35.53 4B.95 45.68 4B.03 Be 1.6.53 49.19 34.90 Q.15 48.76 4?.10 97 2E.ES 8831 34.09 39.35 43.84 45.17 as 14.59 4724 33.37 38.56 42.92 45.34 a0 13.63 46.27 32.66 37.77 42.01 44.32 40 +2.67 85.31 31.95 36.99 41.10 43.39 41 11.72 44.35 3136 3621 401.19 42AS 42 #+0..77 43A0 30.57 35 A3 3939 41.56 43 39.83 42A5 29.BS 34.67 38.38 417.55 44 30.69 41.53 2931 33.91 37:49 39.75 45 37.97 40.58 20.54 33.17 36.50 38.95 49 37.BS HAS 27,89 32.83- 35.71 37.95 47 36.15 38.75 2735 31.71 34,83 37.07 43 3526 33.05 2fiA2 31.00 33.96 35.19 48 34.39' 36.98 25.81 30.31 33.10 35.33 60 33.53 36.13 25A2 29.53- 3235 34AH 61 32.70 35.30 24.94 29.97 31.61 33.64 62 31.87 34.46 28.27 29.31 3.21.57 33.79 63 31.03 33.62 23.70 27.54 29.73 31.95 64 30.20 32.78 23.14 25.95 29.90 31.10 66 29.38 31.92 22.59. 2538 29.06 30.23, 66 28.55 31.05 22.02 35.58 27.23 29.35 67 27.72 30.18 21.47 24.86 26.39 2SA7 60 56.90 29.30 20.93 24.1+4 25.56 27.58 60 25.07 29.41 20.39 23..42 21:72 26.78 Life Expectancy Table Baaelr on CaIPERS kcivarlal Aaeumptlone adops9d In 2014 uaing20 Year Mortality Improverient Projection =ram Kerry Worgan. PERS hclwvy J,r 26, 2015 uaalthy R�, Plent OIcaGIIttyM€rrtsllty Hen -Work Ralalatl Work Related 4.aa Male E m:: C A= Fern, ki AWL Fermi* 110 25._. _-5. 15.93 ...`.53 _:.99 _=.9: 111 2?.42 _..- 19:9 21.97 23.07 24.95 82 23.64 __ '" 18.7E 2125 22-2s 34_09 ea 22.77 _ .. 13.16 20.53 21 AS 2324 84 21.94 _- = 17.52 15:62 20:65 22.40 86 21.11 __ - 17.04 19.11 19.87 21.55 Be A29 __ _ 16AS 18A2 79.09 2D.74 97 19.46 15.86 17.73 18.32 19.93 98 18.65 20.56 IS -27 1705 17.54 15.13 99 17.64 19.73 1-0.66 1'6.39 16.77 18.35 70 17.64 18.90 14!06 15.72 15.82 17.56 71 15.16 18.08 13,16 15.07 9527 15.82 72 15.58 1738 12.87 14.42 94:55 95.07 79 14.75 16.49 1326 13.77 13.84 15.34 74 14.01 1.5.71 11.74 13.13, 13.15 14.63 76 13.28 14.95 11.14 12.50 92.48= 13.93 713 12.57 1430 10.56 11..68 11.. 62 13-25 77 11.67 13.47 10.03 1136 9134 12.58 78 11.19 12.73 9.54 10.65 10.59 11.94 79 10.53 12.OS 8.98 40.07 10.01 11.32 90 9.09 11.36 8.4? 9.50 5..45 10.71 1111 9.27 18.68 7.99 S.95 &91 10..13 83 9.67 10.113 7.53 8.?2 8..39 5.56 8a 9.10 '9.39 71M 7:9U 7:89 902 84 ?.55 8.77 6.53 7}11 7,&a SAS H 7.62 .9.17 628 6.92 6.92 7.97 89 6.91 7.59 5:90 6.4r 6.45 7.47 87 6.61 7.04 5.54 6.02 6.0a 6:99 H F.SE 6.51 520 5;50 S.55 6M 39 = 5.01 4:88 5.211 5.11 6;131 90 - -' 553 A.57 4.81 4.71 5.53 9': __ 5.08 4.78 4.F4 4.33 5.08 92 3.':5 4.65 3.99 4.11 3.99 4.56 9a 3.68 437 3.G8 3:90 3.58 427 94 3.413 3.92 3.A0 3.51 3.40 3:92. 96 3.14 3.59 3.14 325 3.14 3.59 88 2.31 3..29 2.91 3.02 2.91 339 97 Z711 3.02 2.70 2.81 2.70 302 9a Z50 2.77 2.54 2.62 2.50 2.77 99 2.31 2.52 2.31 2.43 2.31 252 109 3.12 236 2.1.2 226 2.13 226 1011 1.90 2.02 1.90 2!02 1.90 2!62 102 1.69 1.79 i.es 1.79 1.59 1.79 108 1.47 1.55 1.47 1.55 1.47 1.55 104 1.27 1.34 127 1.34 127 1.3E 106 I." 1.17 1.12 1.17 1.13 1.17 199 3.s9 1.62 0:98 102 0.98 902 107 7.86 0.89 0.86 0.89 0.86 0.89 108 0.75 0.76 .0:75 0.76 0..75 0:76 Me 0.64 8.55 0,54 0.50 -0.34 0.55 110 0.58 6.50 0.50 0.50 8.50 0.50 L'e tmec anry Is the avmWe remadnln13 r€ bu of years a manner Is expected ID sur�kr Y s bjccted the rest or hls=nr her ICe is U- cumera mortality assumFthns. T-� s 1111 erpetmnci Chao- 13 tased on merlal* rales derhed 'roan data collected yunn13 `kcal years 2006 to 2011 =ram Kerry Worgan. PERS hclwvy J,r 26, 2015 Social Security and Medicare Contribution Rates httn_llwww cer_iaLcncuriry envlOIICTlCOLe/chh_Fwtmllrserrs htte:l/www-sociatsecurey-rove(OAg/araaData/ta:Rates-html _ __ hKo�!lvnvw.c�4 -asvle �6t/ IM7@, Year am OASDI Rate contribution maximum 55 benefit 111deX Factor 1937-49 3,000 1.000% 30 1950 3,000 1-000% 30 1951-53 3,600 1.500% 54 1954 3,600 2,000% 72 14.22 1955 4,200 2.000% 84 13.60 1956 4,200 2.000% 84 12.71 1957 4,2.00 2-250% 95 12.33 1958 4,200 2.250% 95 1222 1959 4,800 2.500% 120 11.64 1960 4,8W 3.000'6 144 11-20 1961 4,800 3.000% 144 10.98 1962 4,W0 3.125% 150 10.46 1963 4,800 3.625% 174 10.21 1964 4,800 3.625% 174 9.81 1965 4,800 3.625% 174 9.64 1966 6,600 3-850% 254 9.09 1967 6,600 3.900% 257 8.61 1968 7,800 3-80096 296 8,06 1969 7,800 4.200% 328 7.62 1970 7,800 4.70096 328 7.26 1971 7,800 4,600% 359 6.91 1972 9,000 4.600% 414 6.29 1973 10,800 4.850% 524 5.92 1974 13,200 4950% 653 5.59 197514100 4.950% 698 5.20 1976 15,300 4.950% 757 4.87 1977 16 500 4.950% 817 4.59 1978 17,,700 5-050% 893 4.25 1979 22 900 5.080% 1,163 3.91 1980 25,900 5.080% 1,316 3.59 1981 29,700 5-350% 1,589 3.26 1982 32,400 5.400% 1,750 3.09 1983 35,700 5-400% 1,928 2.95 1984 37,800 5.700% 2,155 2.78 1985 39,600 5-70D% 2,257 2.67 1986 42,000 5-700% 2,394 2.59 1987 43,800 5.700% 2,497 2.44 1988 45,000 6.050% 2,727 2.32 1989 48,000 6.060% 2,909 2.23 1990 51,300 6.200% 3,181 2.13 1991 53,400 6.200% 3,311 2.06 1992 SS,S00 6.200% 3,441 1.96 Medicare contributim Rate Maximum 0.35% 1 0.50% 1 0-60% 2 0.60% 2 0,60% 2 0.60% 2 0.60% 2 1.00% 5 0.90% 6 0.90% 6 0.90% 7 0.90% 7 1.OD% 9 1.05% 12 1.05% 14 I.OS% 17 1.30% 23 1-30% 25 130% 28 1.35% 30 1.45% 35 1,45% 36 1.45% 40 1.45% 42 1,45% 46 1.45% 48 1.45% so Solo' Security acrd Med Contr bution Rates h,tt"6: L3.1ghlbAtmig-serip-5 http:.','vr kvw.mcialsecurit'e. ROV"/OACT,; PrOEData1 ta�x`Rates_html httaLOOTD.Ddf Yea r E1,ase OAS D1 Rate Cimtriawtion Maxim rr 55 EF-na#it Index Factor 1993 57,600 5_20O% 3,571 1.94 1994 60,600 6.21)0% 3,757 1.99 1995 61,100 6..ZD(Y ii 3,794 1.82 1996 62.700 6-2&0% 3,97 1.73 1997 63.400 6-200% 4JO55 1.64 1998 68,400 6-200% 4,241 1.51; 1999 72,600 6.200% 4,501 1.47 2000 71r 20G 6.200% 4,724 1.4c 2001 60,400 6-2&0% 4,985 1.36 2012 84,900 6-ZDG% 5J264 L35 2003 37,000 6.200% 5,394 1.32 20G4 97 900 6.200-~ 5•,45-x' 1.26 2005 90,DOO 5.200.: :5,380 1._ 1 2OG6 X94,200 6-20CV% 5,M 1.16 2007 97,500 6-20O% 6,045 1.11 2008 102,0D0 6_20O% 6,324 1.D9 2009 1 .16,SOD 6. 0O''j 6,622 1.10 2010 106,BDD 6.20O%, 6,622 1.01 2Oft 1 116,.61]0 6.200% 6,622 1.04 2012 110,100 6.10O% 6,526 1.01 20d 3 113.700 6.200% 7,049 1.00 20.14 117,000 6.200% 7,25.4 i.01 - 2M 5 .116, 540 6.200% 7,347 Medicare Ra3a! contri huti�iy Maximum IA5% 52 1A5% 54 IA5% 55 1-45% 56 IA5% 59 IA5% 61 IA5% 6.5 1A5% lig IA5% 72 IA5% 76• IA5% 79 IA5% 79 1A5% a1 1A5% 95 IA5% 88 IA5% 97 IA5% 95 1A5% 96 IA5% 96 1x45% 99 IA5% 102 IA5% 11115 IA5% 107 CITY COUNCIL AGENDA REPORT MEETING DATE: December 1, 2015 ITEM NUMBER: CC -3 SUBJECT: ADOPTION OF WARRANT RESOLUTION DATE: November 23, 2015 FROM: Finance Department FOR FURTHER INFORMATION CONTACT: Stephen Dunlvent at 714-754-5243 RECOMMENDATION: City Council adopt Warrant Resolution No. 2547 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. 15-23 "A" for $23,621.07; and 15-24 for $2,118,951.36; and City operating expenses for $1,631,098.80. &414(� STEPHEN DUNIVENT Interim Finance Director 1 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: COM1 Run Time 11:08:47 AM Cycle: Payment Ref Date 000986 11/13/15 000987 11/13/15 000988 11/13/15 Status Remit To P Apple One Employment Services Line Description: Temp Svs-Eng WE 10/10/15 Temp Svs W/E 10/10/15 Temp Svs - WE 10/10/15 P CBE Line Description: Copier Maint 10/20/15-10/19/16 Copier Overage Fee 9/20-10/19 Overage Fee 9/20-10/19/15 P Ware Disposal Inc Line Description: WasteCollectnSvc 740-744 James WasteCollectnSvc 734 W James WasteCollectnSvc 707-711 W18th WasteCollectnSvc 745 W18th <•1v1•�Y. J7 JIJ�lLUJf"' End of Report Remit ID 0000001055 0000015149 0000000255 Payment Amt 2,049.72 1,387.04 2,064.78 TOTAL $5,501.54 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 09,2015 Bank: CITY Run Time 4:40:50 PM Cyclu' QIIIrK9 Payment Ref Date Status Remit To 0192805 11/09/15 P Bistro Papillote Line Description: ArtVenture Catering Svs End of Report Remit ID 0000024037 Payment Amt 2,700.00 TOTAL $2,700.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle' Payment Ref Date Status Remit To 0192806 11/13/15 P Association of California Cities Line Description: 2016 Mbrshp Due 0192807 11/13/15 P Costa Mesa Conference & Visitor Bureau Line Description: BIA Receipts for Sept 2015 0192808 11/13/15 P Liebert Cassidy Whitmore Line Description: Legal Legal Legal Legal Legal 0192809 11/13/15 P Mesa Consolidated Water District Line Description: 900 Victoria 8131-10/27/15 1000 Victoria - 111 Fair 9/29-10/29/15 2501 Placentia 9/29-10/29/15 970 Arlington 9129-10/29/12 970 Arlington 9/29-10/29/15 3333 182 Bear 9/29-10/29/15 3333 112 Bear 9/29-10/29/15 2800 Bear 9/29-10/29/15 1400 Sunflower 9/29-10/29115 3581 Harbor 9/29-10/29/15 3202 Harbor 9/29-10/29/15 2621 1/2 Harbor 9/29-10/29/15 2750 Fairview 9/29-10/29/15 2400 Fairview 9/29-10/29/15 2600 Fairview 9/29-10/29/15 2229 Newport 9129-10/29/15 2161 112 Raleigh 8/27-10/27/15 325 Fair 9/1-11/2/15 2345 Fairview 9/1-1112/15 640 Victoria 8/26-10/26/15 Remit ID 0000003059 0000010346 0000002960 111110D101111110,01 Payment Amt 20,346.39 182,811.54 31,900.16 22,041.87 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CIN Run Time 12:06:12 PM Cycle: AWKI v __... Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: 500 Victoria 8/26-10/26/15 2150 Maple 8/26-10/26/15 2109 Canyon 8/25-10/22/15 2229 Fairview 8/26-10/26/15 2401 Fairview 9/1-11/2/15 1065 Seabluff 8/25-10/22/15 2115 Canyon 8/25-10/22/15 970 Arbor 8/25-10/23/15 2150 Maple 8/26-10/26/15 79 Fair 9/1-11/2/15 77 Fair 9/1-11/2/15 Sewer 0192811 11/13/15 P Preferred Benefit Insurance Line Description: VSP Premium for Nov 2015 Delta Dental Premium Nov 2015 0192812 11/13/15 P Southern California Edison Company Line Description: 19th/Nprt Blvd 10/1-11/1/15 Nprt Fwy/Baker 10/1-11/1/15 St Lt SD Fwy On/Off 10/1-11/1 Joann St Bike Trail 10/1-11/1 Tennis Cntr 10/2-11/3/15 2750 Fairview 10/2-11/3/15 970 Arlington 10/2-11/3/15 3460 Smalley 10/1-11/2/15 1035 Park Crest 10/2-11/3/15 885 Junipero 10/2-11/3/15 Volcom Skate Pk 10/2-11/3/15 St Lights 9/29-10/29/15 NCC 9/29-10/29/15 702 1/2 Victoria 9/30-10/30/15 702 Victoria 9/30-10/30/15 DRC 9/30-10/30/15 3129 Harbor 10/1-11/2/15 1624 Gisler 10/1-11/2/15 Baker/Royal Palm 10/1-11/1/15 0000017362 18,658.60 0000004088 101,400.58 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CIN Run Time 12:05:12 PM C cle: Payment Ref Date Status Remit To Line Description: Sunflower/Plaza 1011-11/1/15 980 Arlington 1012-11/3/15 0192813 11/13/15 P Stradling Yocca Carlson & Rauth Line Description: Legal -Oversight Board Legal -Civic Center Barrio Legal -Habitat for Humanity Legal -General 0192814 11/13/15 P West Coast Arborists Inc Line Description: Tree Maint Srvcs 10/1-10/15/15 0192815 11/13/15 P AT & T Line Description: PD Payphone 9/28-10/27/15 AT&T Contract Svcs 9/28-10/27 PD DSL 4 IT Staff 9128-10127 0192816 11/13/15 P AT & T Mobility Line Description: PS Cell Phone Chrgs 8/12-9/11 0192817 11/13/15 P Adamson Police Products Line Description: Supplie 4 Live Scan 0192818 11/13/15 P All City Management Services Inc Line Description.: Schl Crsng Guard 9127-10/10115 0192819 11/13/15 P Allied Nationwide Security Inc Line Description: Security Svs @ Sr Cntr 10/1-15 0192820 11/13/15 P Allstar Fire Equipment Inc Line Description: Shipping Fee Remit ID Payment Amt 0000004168 27,183.00 0000004498 39,224.00 0000001107 139.97 0000001107 1,568.04 0000014519 181.44 0000009480 7,836.01 0000022698 1,233.43 0000000986 1,550.87 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Uniforms, Clothing Sales Tax (8.00%) CMC 281203 Red 1/2" Rope CMC 281207 Yellow 1/2" Rope CMC 294312 112" Shrink Tubing 0192821 11/13/15 P Alma Vidales 0000003600 71.80 Line Description: Refund Rec Receipt 2002297.002 0192822 11/13/15 P AutoZone 0000019364 53.92 Line Description: Brake Parts Cleaner Oil Filter 0192823 11/13/15 P Baker Equipment Rental 0000001164 120.00 Line Description: Compactor Rml-10/9/15 Compactor Rntl-10/15/15 0192824 11/13/15 P Barbara Cooper 0000024045 93.00 Line Description: Refund Rec Receipt 2002289.002 0192825 11/13/15 P Bound Tree Medical LLC 0000011695 2,123.06 Line Description: Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies 0192826 11/13/15 P Brenda Emrick 0000014473 218.60 Line Description: FD Open house/CERT Supplies 0192827 11/13/15 P Brent McKinley 0000007051 433.50 Line Description: Bicycle Patrol Instructor -BM Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle: Payment Ref Date Status Remit To 0192828 11/13/15 P C2 Imaging Line Description: Plan Copies 0192829 11/13/15 P CAPF Line Description: Firefighters LTD -Nov 2015 0192830 11/13/15 P CLEA Line Description: Police Officers LTD -Nov 2015 0192831 11/13/15 P CSG Consultants Inc Line Descnption: Bldg Inspctr Svs 8/29-9/25/15 0192832 11/13/15 P CSMFO Line Description: 2016 Mbrshp-CT,MN,COD,JK 0192833 11/13/15 P California Municipal Statistics Inc Line Description: CAFR Statistical Info FY14-15 0192834 11/13/15 P Candela Corporation Line Description: Lights 4 PD 0192835 11/13/15 P Carol Keller Richards Line Description: Refund Rec Receipt 2002296.002 0192836 11/13/15 P Ceci Caldwell Line Description: Refund Rec Receipt 2002283.002 Remit ID I4111111I11111RZcPYk! 0000004755 0000004754 0000001887 0000001888 0000001503 0000001564 0000022510 0000024044 Payment Amt 12.77 1,443.00 2,57250 11,520.00 405.00 475.00 237.49 H11111x11n1 70.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 6 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle: Payment Ref Date Status Remit To 0192837 11/13/15 P Central Orange County Emergency Line Description: Vet Svs-9/20/15 0192838 11/13/15 P Charles Echmailian Line Description: Refund Citation K135234 0192839 11/13/15 P Chihiro Sano Line Descnption: Refund Rec Receipt 2002309.002 0192840 11/13/15 P Christopher Coates Line Description: Elite Command Trng 10/28-10/29 0192841 11/13/15 P Civil Source Line Description : Resident Engineer Svs-Sept 15 0192842 11/13/15 P Coast Recreation Inc Line Description: Shipping Fee Sales Tax (8.00%) BBQ Grills for Parks 0192843 11/13/15 P Colleen Holder Line Description: Refund Roo Receipt 2002291.002 0192844 11/13/15 P Commercial Aquatic Services Inc Line Description: DRC Pool Chemicals 0192845 11/13/15 P Connell Chevrolet Line Description: Auto Parts -#054 Hose -#054 Auto Parts -#054 Remit ID 0000001629 PPIQI➢Yk1111-7 0000024057 0000006669 0000017030 0000001702 0000024046 0000003018 0000001763 Payment Amt 65.00 46.50 39.00 175.00 8,787.50 4,277.80 250.00 225.02 518.28 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM C cle: Payment Ref Date Status Remit To Line Description: Hose -#054 0192846 11/13/15 P Costa Mesa Auto Glass Line Description: Window Glass Replacement 0192847 11/13/15 P Courtney Coulsell Line Description: Refund Rec Receipt 2002299.002 0192&48 11/13/15 P Craig Billington Line Description: Subpoena Dep Rind 001-00275712 0192849 11/13/15 P Cron & Associates Transcription Inc Line Description: Transcription Svs 0192850 11/13/15 P Crown Ace Hardware Line Description: Patio Door Pin Lock 0192851 11/13/15 P Culver Newlin Inc Line Description: Chair -HR Mngr 0192852 11/13/15 P David Plaza Line Description: Refund Rec Receipt 2002294.002 0192853 11/13/15 P De Lage Landen Financial Svs Line Description: Copier Lease 10/15-11/14/15 Fire Admin Copier Property Tax 0192854 11/13/15 P Debra Ann Eremita Line Description: EMS Skills Tesing Class Remit ID 0000010001 0000024052 0000024060 0000016871 0000004751 0000021554 0000024047 0000023282 Payment Amt 20040 4240 128.76 161.50 14.55 315.36 1(r7Y61 180.40 877.50 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle' Payment Ref Date Status Remit To 0192855 11/13/15 P Delta Dental Insurance Cc Line Description: Dental HMO Premium -Nov 15 0192856 11/13/15 P Diane RuoRock Line Description: Refund Rec Receipt 2002293.002 0192857 11/13/15 P Dian & Sons Inc Line Description: Fuel -FS #3 0192858 11/13/15 P Ecoline Industrial Supply Line Description: Heavy Duty Safety Gloves 0192859 11/13/15 P Employment Development Department Line Description_ Unempolyment 7/1-9/30/15 0192860 11/13/15 P Esther Gordon Line Description: Refund Rec Receipt 2002240.002 0192861 11/13/15 P FTOG Inc Line Description: Procurement Cnsltng 10/26-11/5 0192862 11/13/15 P Fed Ex Corp Line Description: Ground Deliveries 0192863 11/13/15 P Ferguson Enterprises Inc Line Description: Snake Head BCC Faucet Repair Kit Remit ID 0000014996 0000023685 0000014510 0000001543 0000024042 DI�bPUYiC9i1 0000002190 0000007785 Payment Amt 3,105.42 250.00 1,059.03 453.42 8,778.00 50.00 3,587.50 37.28 46.80 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle: layment Ref Date Status Remit To Remit ID Payment Amt 0192864 11/13/15 P GIT Satellite LLC 0000019742 57.75 Line Description: Satellite Phone 9/20-10119115 0192865 11/13/15 P Gloria Diment 0000017920 190.00 Line Description: Refund Rec Receipt 2002286.002 0192866 11/13/15 P Guillermina Delgada 0000024051 250.00 Line Description: Refund Rec Receipt 2002298.002 0192867 11/13/15 P Hi Standard Automotive LLC 0000002521 299.25 Line Description Seat Belt Installation -#718 0192868 11/13/15 P Huntington Beach Honda 0000019158 1,488.22 Line Description: Property Damage -Unit #625 Property Damage -Unit #625 0192869 11/13/15 P JD Lock & Key 0000005930 21.38 Line Description: Keys -Unit #054 0192870 11/13/15 P Jason Chamness 0000014287 74.64 Line Description: H&KArmor-JC 0192871 11/13/15 P Jason Pyle 0000013001 432.73 Line Description: Emergency ResponseTrng10/26-28 0192872 11/13/15 P Joseph Noceti 0000007101 300.00 Line Description: College Tuition Reimb-Sum 15 0192873 11/13/15 P KME Fire Apparatus 0000002849 156.43 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Bulbs Air Spring -#517 0192874 11/13/15 P Kasama Lee 0000020859 681.88 Line Description: 2015 CalPERS Ed Forum -KL 0192875 11/13/15 P Kelly Devilliers 0000024043 76.00 Line Description: Refund Rec Receipt 2002280.002 0192876 11/13/15 P Ketterman College Funding 0000021625 100.00 Line Description: Refund Rec Receipt 2002292.002 0192877 11/13/15 P Keystone Uniforms OC 0000022280 1,948.03 Line Description: Unifonn-Lapointe Uniform-Casarez Uniform-Leffngwell Uniform -Pyle Uniform -Pyle Uniform -Brunt Uniform -Reyes Uniform -Brunt 0192878 11/13/15 P Kristen Voorhees 0000002094 76.00 Line Description: Refund Rec Receipt 2002282.002 0192879 11/13/15 P Leica Geosystems Inc 0000003452 400.56 Line Description: Digital Rolar Tape Digiroller, Manhole Cover Pick 0192880 11/13/15 P Leo Arnold 0000022194 2,400.00 Line Description: Pre -Employment Background Svcs Pre -Employment Background Svcs Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle: Payment Ref Date Status Remit To Remit ID 0192881 11/13/15 P Linda Busch 0000024055 Line Description: Refund Rec Receipt 2002307.002 0192882 11/13/15 P Linda Pelligreen 0000003434 Line Description: Refund Rec Receipt 2002284.002 0192883 11/13/15 P Lori Schmidt 0000024056 Line Description: Refund Rec Receipt 2002308.002 0192884 11/13/15 P Los Angeles Times 0000003000 Line Description: Ad 4 Housing Rehab Programs 0192885 11/13/15 P Luvy Lawrence 0000024049 Line Description: Refund Rec Receipt 2002288.002 0192886 11/13/15 P Mar Vac Electronics Corporation 0000003049 Line Description: CouncilDiasNamePlateLightBulbs 0192887 11/13/15 P Mario Garcia 0000008746 Line Description: Clothing Allowance Reimb 15-16 0192888 11/13/15 P McMaster Carr Supply Company 0000003118 Line Description: Credit for Return 15 -Amp Metal Outlet Strip 0192889 11/13/15 P Melissa Worthing 0000023771 Line Description: Refund Rec Receipt 2002287.002 Payment Amt 75.00 55.00 261.62 65.00 15.65 :101P16P1 34.32 65.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 12 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192890 11/13/15 P Merchants Building Maintenance LLC 0000022950 7,920.33 Line Description: Janitorial Services -City Parks Custodial Svc @JackHammettSC 0192891 11/13/15 P Metro Car Wash 0000003155 1,397.00 Line Description: Car Washes & Special Svcs -PD Car Washes -City 0192892 11/13/15 P Michael Bialys 0000003685 20845 Line Description: Subpoena Dep Rfnd 001-00276376 0192893 11/13/15 P Michelle Kerr 0000024053 260.00 Line Description: Refund Rec Receipt 2002305.002 0192894 11/13/15 P Monte Peters 0000022201 57.95 Line Description: Cl Vehicle Theft -MP 0192895 11/13/15 P Napa Auto & Truck Parts 0000012968 777.73 Line Description: Auto Parts & Supplies 0192896 11/13/15 P National Data & Surveying Services 0000021249 675.00 - Line Description: Data Collection Svs 0192897 11/13/15 P O Neil Storage 0000018395 76.94 Line Description: HR Record Storage Oct 2015 0192898 11/13/15 P Orange Coast Chrysler Jeep Dodge 0000003457 402.65 Line Description: Module for Unit#773 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle, Payment Ref Date Status Remit To Remit ID Payment Amt 0192899 11/13/15 P Orange Coast Trailer Supply Inc 0000003464 782.67 Line Description: Propane Fuel for Unit #311 Propane Fuel for Unit #189 Water Pump Propane Fuel for Unit #311 Propane Fuel for Unit #311 Propane Fuel for Unit #189 Propane Fuel for Unit #311 0192900 11/13/15 P Preferred Construction Specialties Inc 0000022278 625.00 Line Description: Steel Corner Guards for PD 0192901 11/13/15 P R & S Overhead Door of So Cal Inc 0000022092 1,448.00 Line Description: Vehicle Gate Repair-FS#5 0192902 11/13/15 P Rebekah Bosch 0000024032 100.00 Line Description: Refund Rec Receipt 2002300.002 0192903 11/13/15 P Red Wing Shoes 0000003772 160.00 Line Description: Safety Shoes 4 Jose Gutierrez 0192904 11/13/15 P Rigo Cortez 0000024054 775.00 Line Description: Refund Rec Receipt 2002306.002 0192905 11/13/15 P Rincon Truck Center Inc 0000013236 964.44 Line Description: Oil Solenoid & Valve for Unit 525 Spotlights 0192906 11/13/15 P Robertus Auto Trim Shop 0000003837 326.20 Line Description: Seat Repairs Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CIN Run Time 12:06:12 PM C cle: 'ayment Ref Date Status Remit To Remit ID Payment Amt 0192907 11/13/15 P Rodet R Fick 0000002425 200.00 Line Description: Code Enf Hearings 0192908 11/13/15 P Ruth Wang 0000022170 92.08 Line Description: Mileage & Parking-PELRAC Conf 0192909 11/13/15 P Salim Rahemtulla 0000024059 1,550.00 Line Description: Refund Permit PA -15-44 0192910 11/13/15 P San Joaquin Hills Transportation 0000003903 1,533.00 Line Description: Fees for August 2015 0192911 11/13/15 P Shawnee Chisam 0000024050 304.00 Line Description: Refund Rec Receipt 2002290.002 0192912 11/13/15 P Siamak Vaziri 0000024061 128.76 Line Description: Subpoena Dep Rfnd 001-00276452 0192913 11/13/15 P Sierra Java Inc 0000004027 93.90 Line Description: Coffee Supplies 4 City Council 0192914 11/13/15 P Smart & Final 0000004044 143.57 Line Description: Supplies 4 Promotion Ceremony 0192915 11/13/15 P Southern California Fire Services Inc 0000023103 527.05 Line Description: Cab Isolator- Shop Stock Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM C Cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192916 11/13/15 P Sparkletts 0000015725 48.33 Line Description: Water for Finance 0192917 11/13/15 P Spectrum Gas Products 0000012653 280.80 Line Description: Oxygen Cylinder Rental-FS#3 Oxygen Cylinder Rental-FS#2 Oxygen Cylinder Rental-FS#1 Oxygen Cylinder Rental-FS#4 Oxygen Cylinder Rental-FS#5 0192918 11/13/15 P Spok Inc 0000023059 125.07 Line Description: Pager Service 4 Fire 0192919 11/13/15 P State of California Dept of Justice 0000001534 686.00 Line Description: Fingerprint Apps for Oct 2015 0192920 11/13/15 P Steen Security Inc 0000015257 2,146.00 Line Description: Parts Sales Tax (8.00%) Software Upgrade Labor 0192921 11/13/15 P Sure Haven 0000024062 650.00 Line Description: Refund Civil Citation 030082 Refund Civil Citation 030086 Refund Civil Citation 031114 0192922 11/13/15 P Susan Saxe Clifford PHD 0000003932 900.00 Line Description: Psych Evaluation for PD Comm Psych Evaluation for PD 0192923 11/13/15 P Target Specialty Products Inc 0000004218 2,876.81 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM Cycle: MAW Y Payment Ref Date Status Remit To Line Description: Fertilizer 4 City Sports Flds 0192924 11/13/15 P Thales Consulting Inc Line Description: Prep of FY14-15 St CntrilrsRpt 0192925 11/13/15 P Theodore Robins Ford Line Description: Paint Repair for Unit #711 0192926 11/13/15 P Theodore Robins Ford Line Description: Knob for Unit #317 Handle for Unit #129 0192927 11/13/15 P Tina Seri Line Description: Refund Rec Receipt 2002295.002 0192928 11/13/15 P Tracey Bandel Line Description: Refund Rec Receipt 2002304.002 0192929 11/13/15 P TrucParCc Line Description: Chains & Binders for Unit #373 0192930 11/13/15 P US Bank Line Description: Payroll Deduction Check 1522 0192931 11/13/15 P United Industries Line Description: For Warehouse Floor Stock 0192932 11/13/15 P Vanessa Garcia Line Description: Refund Rec Receipt 2002303.002 Remit ID Payment Amt 0000010332 2,350.00 0000004245 244.04 0000004245 47.67 0000010137 100.00 0000023984 80.00 0000004319 565.11 0000002228 3,546.98 0000010867 787.05 0000023897 80.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Nov 12,2015 Bank: CITY Run Time 12:06:12 PM C cle: WWI V Payment Ref Date Status Remit To Remit ID Payment Amt 0192933 11/13/15 P WLC Architects Inc 0000023955 6,000.00 Line Description: FS #1 Architectural Design Ser - 0192934 11/13/15 P Waxie Sanitary Supply 0000004480 5,345.26 Line Description: For Warehouse Floor Stock Hair&Body WashWarehouseStock For Warehouse Floor Stock Hair&Body Wash -Warehouse Stock Carpet Cleaner -Warehouse Stack 0192935 11/13/15 P Westates 0000004505 40.27 Line Description: Self Inking Stamp, Ink Pads -PD 0192936 11/13/15 P Zoe Seals 0000024048 139.00 Line Description: Refund Rec Receipt 2002285.002 0192937 11/13/15 P eCompliance Inc 0000003822 1,875.00 Line Description: eCompliance Annual Subscriptio TOTAL $570,327.03 End of Report Report ID: CCM20010 City of Costa Mesa Accounts Payable Page No. 1 CCM OVERFLOW CHECK LISTING Run Date Nov 12,2015 Bank: CITY Run Time 12:07:03 PM C cle: Payment Ref Date Status Remit To 0192810 11/13/15 O Mesa Consolidated Water District Line Description: Overflow End of Report Remit ID 0000003144 Payment Amt we TOTAL 0.00 Report ID: CCM2001V City of Costa Mesa Accounts Payable Page No. 1 CCM VOID CHECK LISTING Run Date Nov 19,2015 Bank: CITY Run Time 11:00:14 AM Cycle: Payment Ref Cancel Date Status Remit To Remit ID Payment Date Payment Amt 0190069 11/17/2015 V Ricky Loya 0000022490 07/10/15 (78.00) Line Description: Vendor misplaced the check. Re -issued on 11/20/15. 0190587 11/17/2015 V Ricky Loya 0000022490 07/31/15 (520.00) Line Description: Vendor misplaced the check. Re -issued on 11/20/15. 0192774 11/17/2015 V Robert L Dickson Jr 0000003671 11/06/15 (400.00) Line Description. Check damaged in handling in the postal service. Check returned for re -issue. TOTAL ($998.00) i 998.00— U"133 t .daVJG'd J. 2%Uj:`a° 03 1 v 21,0'2'' End of Report Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: COM1 Run Time 9:39:05 AM Cycle: Payment Ref Date 000989 11/20/15 000990 11/20/15 Status Remit To P Apple One Employment Services Line Description: Temp Svs-Eng W/E 10/19/15 Temp Svs-Dev Svs W/E 10/17/15 Temp Svs-Dev Svsw/e10/24/15 Temp Svs-Cstn Mnt w/e 10/24/15 Temp Svs-Eng w/e 10/24/15 P Ariel Supply Inc Line Description: Toner Cartridges Toner Cartridges End of Report Remit ID 0000001055 0000006035 Payment Amt 4,576.59 1,554.12 TOTAL $6,130.71 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: DDP1 Run Time 1:37:30 PM Cycle: ADRDP Payment Ref Date Status Remit To 004321 11/20/15 P Costa Mesa Employees Association Line Description: Payroll Deduction Check 1524 004322 11/20/15 P Costa Mesa Executive Club Line Description: Payroll Deduction Check 1524 004323 11/20/15 P Costa Mesa Firefighters Association Line Description: Payroll Deduction Check 1524 004324 11/20/15 P Costa Mesa Police Association Line Description: Payroll Deduction Check 1524 004325 11/20/15 P Costa Mesa Police Management Assn Line Description: Payroll Deduction Check 1524 End of Report Remit ID 0000006284 0000006286 0000001812 0000001819 Payment Amt 3,988.36 04*1911111 5,509.37 7,140.00 0000005082 200.00 TOTAL $17,092.73 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192938 11/20/15 P Bank of Sacramento 0000018832 16,493.67 Line Description: Retention for Proj #13-16 0192939 11/20/15 P Culver Newlin Inc 0000021554 76,997.52 Line Description: WSS Funitures 0192940 11/20/15 P Dion & Sons Inc 0000023685 21,442.90 Line Description: Fuel -PD Fuel-CY Tank #1 Fuel -FS #6 Fuel -FS #5 Fuel -FS #2 0192941 11/20/15 P G4S Secure Solutions Inc 0000022480 65,069.63 Line Description: Type One Jail Facilities Sewi 0192942 11/20/15 P Keolis Transit Services LLC 0000023165 16,997.64 Line Description: Sr Medical Tranport Sv-Oct 15 - Sr Mobility Prog-Oct 15 0192943 11/20/15 P Merchants Building Maintenance LLC 0000022950 28,248.55 s Line Description: Janitorial Services -City Bldgs 0192944 11/20/15 P Newport Mesa Unified School District 0000003339 47,074.62 Line Description: JointUseAgreement Oct-Dec2015 0192945 11/20/15 P Orange County Treasurer Tax Collector 0000003489 37,027.00 Line Description: 800Mhz CostAllocationOct/Dec15 0192946 11/20/15 P Quinn Company 0000023844 127,734.64 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 2 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: AWKI Payment Ref Date Status Remit To Line Description: Extended Warranty Sales Taxes (8.00%) 2015 Caterpillar 420F2 Backhoe 0192947 11/20/15 P RJ Noble Company Line Description: Retentions Payable Proj#13-16 City Project No. 13-16 2013-2 0192948 11/20/15 P Siemens Industry Inc Line Description: HVAC Maintenance & Repair Svs 0192949 11/20/15 P AKAL Consultants Line Description: Caltrans Envrmmntl Stilly Bear S 0192950 11/20/15 P ARC Line Description: Laminated Posters 0192951 11/20/15 P ARCO Business Solutions Line Description: Fuel 11/1-11/15/15 0192952 11/20/15 P AT & T Line Description: Outgoing Trunk Line 10/4-11/3 DID Trunk Line 1014-1113/15 PD Emergency Line 10/4-11/3115 Firewall -Fire Sta#2 10/4-11/3 DRC Alarm 1014-1113/15 Cable TV DSL Line 10/4-11/3/15 Firewall -Fire Sta#3 1014-11/3 Firewall -Fire Sta#110110-11/9 Smallwood Park 10/6-11/5/15 IT Network Firewall 10/3-11/2 Broadband Modem 10/3-11/2/15 Estancia Park 10/3-11/2/15 Remit ID [R@UDPIH:➢I:3 0000002904 0000021519 0000022726 0000018562 0000001107 Payment Amt 313,474.60 17,752.50 2,040.00 169.26 252.73 1,988.46 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle, Payment Ref Date Status Remit To Line Description: RMATS-Fire Sta#2 10/4-11/3/15 Wakeham Park 10/10-11/9/15 Cool Line for PD 10/7-11/6/15 RMATS-FireSta#1 10/7-1116/15 TeWinkle Park 10/7-11/6/15 IT Computer Room 10/7-11 /6/15 0192953 11120/15 P AT & T Line Description: Cool Line for PD 11/7-12/6/15 Cool Line for PD 11/7-12/6/15 0192954 11/20/15 P AW Associates Inc Line Description: SB090 Testing -PD SB989 Testing -FS #3 0192955 11/20/15 P Accountemps Line Description: Temp Svs- Tresury W/E 10/30/15 Temp Svs-Treasuryw/e 11/6/15 0192956 11/20/15 P Ace Uniforms & Accessories Inc Line Description: Sales Tax (8.00%) Estimated Shipping Fee Part #RIH-100 RIPP Hobble Rest Part #P4918 Whistle Plastic, ( Part #MON-2801-BK Monadnock LA Duty Gear: Part #MON-2710 Mon 0192957 11/20/15 P Advanced Battery Systems Line Description: Batteries 0192958 11/20/15 P Afshan Afshan Inc Line Description: Senior Center - CASp Review Remit ID i1IlI1UDbSf[�f1 0000023949 0000006816 0000022394 0000021088 OUDPLYRYbY�I Payment Amt 339.43 1,600.00 2,179.20 1,154.30 1,063.28 2,500.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 4 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle' Payment Ref Date Status Remit To 0192959 11/20/15 P Alans Lawnmower & Garden Center Inc Line Description: Parts 4 Gs Pwrd Eq 0192960 11/20/15 P Allied Nationwide Security Inc Line Description: Security Guard Service Security Services Pmpkn Fest 0192961 11/20/15 P Allstar Fire Equipment Inc Line Description: Sales Tax (8.00%) Phenix Tech 1500-2007GR-ESS Re Phenix Tech 1500-2007GR-ESS Wh Phenix Tech 1500-2007GR-ESS Ye Shipping Fee 0192962 11/20/15 P Alonzo H Parker III Line Description: Basketball Referee 10/26/15 Baseketball Referee 11/9/15 0192963 11/20/15 P American Planning Association Line Description: 2016 Mbrshp for D Inloes Jr 0192964 11/20/15 P Anaheim Regional Medical Center Line Description: Victim Physical 15006720 0192965 11/20/15 P Anaheim Transportation Network Line Description: Anaheim Resort Tmptn-Nov 15 0192966 11/20/15 P AssetWorks Inc Line Description: Fleet Software 9/23-10/19/15 Remit ID IQR�AI�LFYAIU 0000022698 0000016232 0000001021 0000021276 0000023440 0000020210 Payment Amt 830.29 1,983.43 4,079.66 449.00 750.00 2,083.33 1,608.75 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 5 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To 0192967 11/20/15 P Baker Fquipment Rental Line Description: Bruch Chipper Used For Gisler Brush Chipper Used for Gisler Brush Chipper Used For Gisler 0192968 11/20/15 P Best Contracting Services Inc Line Description: CM Historical Society Roof Rep 0192969 11/20/15 P Bingo West #4 Line Description: Bingo Board Console Repair 0192970 11/20/15 P Blue Sky Outfitters Inc Line Description: 2015 Softball Summer Champ 0192971 11/20/15 P Bound Tree Medical LLC Line Description: Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies Paramedic Supplies 0192972 11/20/15 P Brainstorm Studios LLC Line Description: Instructor Payment Fall 2015 0192973 11/20/15 P Brownells Inc Line Description: Shipping Fee Sales Tax (8.00%) Sales & Use Tax Payable Item #100-000-385wb Specter #0 Remit ID 0000001164 0000015183 0000023554 0000013653 0000011695 0000024065 0000001427 Payment Amt 600.00 1,834.29 100.00 1,157.44 6,650.50 351.00 1,025.55 Report ID: CCM2001 City of Costa Mesa Accounts Payable - Page No. 6 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt Line Description: Item #867-105-870wb Side Saddl 0192974 11/20/15 P Buckram Infrastructure Group Inc 0000021371 641.00 Line Description: Pavement Mgmnt Prog 0192975 11/20/15 P C2 Imaging 0000023024 110.18 Line Description: Reprographic Svs-Bark Pk 0192976 11/20/15 P CBE 0000015149 121.00 Line Description: Copier Maint- Corp Yard Copier Maint_ Finance Caper Staples 0192977 11/20/15 P CBI Noor Inc 0000018684 1,215.00 Line Description: Emgncy Lt Repair@Gisler Pk Emgncy Lt Repair@JHSC 0192978 11/20/15 P CDW Government Inc 0000005402 500.26 Line Description: Sales Tax (8.00%) MFG #PF322W - 3M 22" Wide Fram 0192979 11/20/15 P CS Dance Factory 0000021618 247.00 Line Description: Instructor paymnt Fall 2015 0192980 11/20/15 P CSG Consultants Inc 0000001887 190.00 Line Description: Building Inspector Hours & Pla 0192981 11/20/15 P Canon Financial Services Inc 0000023241 131.58 Line Description: Copier Lease 10/20-11/19/15 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 7 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192982 11/20/15 P Carl Warren & Company 0000001578 3,250.00 Line Description: Wkrs Comp Admin FeeAug15 0192983 11/20/15 P Central United Life Insurance Co 0000010626 148.10 Line Description: Cancer Insurance Premium-Nov15 0192984 11/20/15 P Chandler Asset Management 0000022081 3,692.00 Line Description: Investment Mgmnt Svs-Oct 15 0192985 11/20/15 P Cintas Corporation #640 0000023262 1,905.87 Line Description: Unforms-FS #2 640-12173 Unforms-FS #6 640-12176 Unforms-FS#5 640-12175 Unforms-FS #4 640-12174 Unforms-FS #3 640-12177 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 Unforms-FS #2 640-12173 Unforms-FS #1 640-12172 0192986 11/20/15 P Civil Source 0000017030 12,600.00 Line Description: Construction Mgr -Sept 2015 0192987 11/20/15 P Clean Street 0000001098 375.00 Line Description: Sweeping Sidewalk & Street 0192988 11/20/15 P CoreLogic Information Solutions Inc 0000004774 371.25 Line Description: RealQuest Sbscrptn Oct 15 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 8 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0192989 11/20/15 P Costa Mesa Lock & Key 0000001817 133.90 Line Description: Lock And Key Service Door Lock Repair@Crime Pwnt 0192990 11/20/15 P County of Orange 0000003473 352.03 Line Description: Refuse Disposal@OC Lndfl-Oct15 0192991 11/20/15 P DF Polygraph 0000021328 500.00 Line Description: Polygraph Exam 10/15, 10/26/15 0192992 11/20/15 P Daniels Tire Service 0000001922 1,595.93 Line Description: Tires Tires -Unit #129 Tires Tires -Unit #129 0192993 11/20/15 P Dave's Body & Frame 0000021567 3,963.50 Line Description: Property Damage -9602 Body Damage -#602 Property Damage -Unit #625 0192994 11/20/15 P Dawns Banse 0000001185 1,876.22 Line Description: Instructor Pmnt Fall 2015 0192995 11/20/15 P Dennis Harris 0000002466 100.00 Line Description: Basketball Referee 10/26/15 0192996 11/20/15 P Discovery Benefits 0000021353 450.80 Line Description: FSAAdmin Fee -Oct 15 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 9 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle' Payment Ret Date Status Remit To Remit ID Payment Amt 0192997 11/20/15 P Dispensing Technology Corporation 0000002008 736.83 Line Description: Pothole Repairs 0192998 11/20/15 P Dunn Edwards Corp 0000002058 35.28 Line Description: Touch Up Paint 4 Sr Cntr 0192999 11/20/15 P E Poly Star Inc 0000001123 10,255.90 Line Description: Warehouse Stock -Can Liner 0193000 11/20/15 P. Eberhard Equipment Company 0000002078 34.02 Line Description: Ball Joint 0193001 11/20/15 P Elizabeth A Markley 0000023213 270.72 Line Description: Instructor Pmnt Fall 2015 0193002 11/20/15 P Emergency Medical Products Inc 0000002119 207.62 Line Description: Item #60100-120 Pro -Tec 1 -guar - Item #63000-016 Pro -Tec 3 -Gall Sales Tax (8.00%) 0193003 11/20/15 P Ewing Irrigation Products 0000005063 47.41 Line Description: Irrigation Supplies 0193004 11/20/15 P FM Thomas Air Conditioning Inc 0000017151 135.00 Line Description: A/C Unit Repair @FS #5 0193005 11/20/15 P File Keepers LLC 0000022380 95.00 Line Description: Record Destruction Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 10 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To Remit ID PaymentAmt 0193006 11/20/15 P G & K Services Inc 0000005132 2,036.11 Line Description: Fac -Sept 15 Fleet Sept 15 Parks Sept 15 StreetSept15 DRC/NCC-Sept 15 Telecomm -Sept 15 _ Street Sweeping -Sept 15 Fac -Oct 15 FleeTOct15 Parks -Oct 15 Street -Oct 15 DRC/NCC-Oct 15 Telecomm -Oct 15 0193007 11/20/15 P GE Capital 0000021378 421.50 Line Description: Copier Lease 12/16-01/15/16 0193008 11/20/15 P Gails Speedometer Service 0000002293 280.00 Line Description: Speedometer Calibration -710 Speedometer Calibration -754 Speedometer Calibration -707 Speedometer Calibration -718 Speedometer Calibration -724 Speedometer Calibration719 Speedometer Calibration -755 Speedometer Calibration -753 Speedometer Calibration -#705 Speedometer Calibration -#783 Speedometer Calibration -#706 Speedometer Calibration -#720 Speedometer Calibration -784 Speedometer Calibration -785 0193009 11/20/15. P General Data Company 0000023334 102.63 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 11 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle, Payment Ref Date Status Remit To Line Description: Repair HP LJ2420 Printer 0193010 11/20/15 P Grainger Line Description: Cr 4 Shower Handle Repair Kit Cr 4 Shower Handle Repair Kit Air Compressor 0193011 11/20/15 P Graphic Solutions Ltd Line Description: Design Consulting Services - 0193012 11/20/15 P Hexis USA LLC Line Description: Vehicle Graphic Materials Vehicle Graphic Materials 0193013 11/20/15 P HireRight Inc Line Description: Background Check Applications 0193014 11/20/15 P Huntington Beach Honda Line Description: 0193015 11/20/15 P Hyatt Legal Plans Inc Line Description: Legal Premium -Nov 15 0193016 11/20/15 P IDS Group Inc Line Description: FS #4 Renovation -Oct 15 0193017 11/20/15 P International Society of Arboriculture Line Description: Mbrshp 16 B Hartley Remit ID Payment Amt 0000002393 411.23 0000023423 3,570.25 0000012721 1,093.74 0000021348 66.00 0000019158 783.60 0000022383 1,852.50 0000022643 1,766.00 0000002694 170.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No, 12 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle' AIA/Ki Y Payment Ref Date Status Remit To 0193018 11/20/15 P Interstate Batteries of California Coast Line Description: Batteries 0193019 11/20/15 P Irvine Ranch Water District Line Description: 220 23rd 1018-11/7/15 258 Brentwood 108-11/7115 170 Del Mar 10/8-1117/15 2603 Elden 10/8-11/7115 261 Monte Vista 10/8-1117/15 0193020 11/20/15 P Iteris Inc Line Description: Traffic Signal Synchronization Traffic Signal Synchronization 0193021 11/20/15 P Jason Werner Line Description: Food 4 Vol Appreciation Dinner 0193022 11/20/15 P Jeff Hirsch Line Description: Refund Permit ZA-15-21 0193023 11/20/15 P Joel Lander Line Description: Instructor Pmnt Fall 2015 0193024 11/20/15 P John Morehart Line Description: Refund Civil Citation 030087 Refund Civil Citation 030081 0193025 11/20/15 P KME Fire Apparatus Line Description: Relief Valve -#514 Bulbs Remit ID 0000002700 [IIQIIII/Ilf•�`�'a 0000008920 0000022892 0000024072 0000023597 0000024073 0000002849 Payment Amt 590.19 582.84 949.16 6W.11111111 1,010.00 149.20 521.29 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 13 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM cle: Payment Ref Date Status Remit To 0193026 11/20/15 P Kabbara Engineering Line Description: On -Call Traffic Eng Svs-Oct15 0193027 11/20/15 P Kathy Crogan Line Description: Refund Rec Receipt 2002352.002 0193028 11/20/15 P Kevin Vail Line Description: Basketball Referee 11/16/15 0193029 11/20/15 P Keystone Uniforms OC Line Description: Uniform -Pyle Uniform -Pyle Uniform -Bates Uniform -McDowell Uniform -McDowell Uniform -McDowell Uniform-Airey Uniform-Airey Uniforms For Off. T. Hickman Uniforms for C.Chiguano Uniform-OBrien Uniform -Greeley Uniform -Hendrick Uniform-Fraga Uniform -Lara 0193030 11/20/15 P Kimball Midwest Line Description: Fleet Supplies 0193031 11/20/15 P Knorr Systems Inc Line Description: DRC Pool Chemicals DRC Pool Chemicals Remit ID 0000002795 0000023702 0000023400 0000022280 0000006819 0000005036 Payment Amt 5,457.00 64.00 100.00 3,570.70 509.51 645.67 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 14 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle' Payment Ref Date 0193032 11/20/15 0193033 11/20/15 0193034 11/20/15 0193035 11/20/15 0193036 11/20/15 0193037 11/20/15 0193038 11/20/15 Status Remit To P LN Curtis & Sons Line Description: Sales Tax (8.00%) Part # 61304 STRMLIT: PROTAC H P Landscape West Management Services Inc Line Description: Renovation Project @ Bark Park P Larrys Building Materials Line Description: Sandbags 4 Emerg Residntl Prog Sandbags 4 Emerg Residntl Prog Sandbags 4 Emerg Residntl Prog Sandbags 4 Emerg Residntl Prog Sandbags 4 Emerg Residntl Prog P LexisNexis Risk Data Management Inc Line Description: Accurint Le Plus Online Subscr P Los Angeles Times Line Description: Ad 4 RFPs 16-03 & 16-07 Advertising for Planning Dept Legal Notices 4 City Clerk Ad for Proj #15-15 Ad 4 Planning Dept P Lourdes Torres Line Description: SrCntr Monthly B -Day Celebratn P McMaster Carr Supply Company Line Description: Credit 4 Returned Wire Rope Wire Rope Wire Rope Tubularincandescent LightBulbs Remit ID 0000002983 0000006623 0000002912 0000019179 11I114I1➢ISXPI1141 0000023804 0000003118 Payment Amt 3,316.95 11,892.00 1,491.48 288.00 4,474.32 56.85 172.07 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 15 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C de: Payment Ref Date Status Remit To Line Description: Wire Rope 0193039 11/20/15 P Mercy House Line Description: 15-16 SUBRECIPIENT AGREEMENT 0193040 11/20/15 P Mesa Consolidated Water District Line Description: 2800 Fairview 913-11/4115 2800 Fairview 913-1 11411 5 1250 1/2 Adams 913-11/4115 333 112 Merrimac 9/3-11/4/15 425 112 Merrimac 913-11/4/15 2421 Fairview 9/1-11/2/15 324 Fair 912-11/3115 1370 1/2 Adams 9/3-11/4115 77 Fair 9/1-11/2/15 3064 Fairview 918-11/5/15 970 Arlington 9/3-1113/15 890 Arlington 9/3-11/3115 79 Fair 9/1-11/2/15 2301 Fairview 911-11/2/15 3028 1/2 Coolidge 918-11/5115 360 W Wilson 911-11/2/15 2750 Fairview 9/3-1113/15 3040 Fairview 9/8-1115/15 3020 Fairview 918-1115/15 3104 Fairview 9/8-1115/15 3116 Fairview 918-11/5/15 1040 Paularino 9/8-11/5115 3098 Fairview 9/8-10/29/15 1250 Gisler 9/9-11/6/15 880 Junipem 9/3-11/3115 77 Fair 9/1-11/2115 900 Arlington 9/3-11/3115 1066 Baker 9/8-11/5115 1480 1/2 Adams 9/3-1114/15 2080 Manistee 9/10-11/9/15 3030 112 Bristol 919-11/9/15 Remit ID 0000003138 0000003144 Payment Amt 3,570.68 11,694.10 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 16' SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To Line Description: FS #2 9/9-1119/15 0193042 11/20/15 P Michael T Donohoe Line Description: Entertainment 4 Nov Car Show 0193043 11/20/15 P Midori Gardens Inc Line Description: Allowance for Replanting 0193044 11/20/15 P Mike Linares Inc Line Description: CDBG/HOME Coordinator Services 0193045 11/20/15 P Municipal Code Corporation Line Description: Update & Hosting of Municipal 0193046 11/20/15 P National Construction Rentals Inc Line Description: 6 Month Fence Rntl @2501 Harbo 0193047 11/20/15 P Neb Cal Line Description: Shipping Fee Laser Check Stock Sales Tax (8.00%) 0193048 11/20/15 P Noise Control Corporation Line Description: Sales Tax (8.00%) OctaveBlock 21 Noise Control S 0193049 11/20/15 P North County Plumbing Line Description: Refund Permit #PS15-00111 Remit ID 0000023629 0000017059 0000002969 0000003257 0000003288 0000004939 0000023994 0000024066 Payment Amt 50.00 1,925.00 4,081.00 1,043.09 450.00 1,419.04 2,025.00 13,561.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 17 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0193050 11/20/15 P Office Max Incorporated 0000020710 3,623.86 Line Description: Office Supplies -Fire Admin Office Supplies -PD Records Office Supplies -Bldg Safety Office Supplies -Central Srvcs Office Supplies -Finance Admin Office Supplies-Dev Svcs Admin Office Supplies -Senior Center Office Supplies-Rec DRC Office Supplies -CEO Office Supplies -HR Office Supplies -IT 0193051 11/20/15 P Orange Coast Chrysler Jeep Dodge 0000003457 76.09 Line Description: Tensioners for Unit #773 0193052 11/20/15 P Orange County City Managers Assn 0000008765 520.00 Line Description: Reg -Holiday Lunch 8 Attendees 0193053 11/20/15 P Orange County Council on Aging 0000003431 2,500.00 Line Description: CDBG 1st Qrt 2015-16 Grant 0193054 11/20/15 P Orange County Probation Department 0000003491 1,495.00 Line Description: Juve Crt Work Prog Sept 2015 0193055 11/20/15 P Orange County Vector Control District 0000021750 1,006.66 Line Description: FairviewPkWetlands VectorCntrl 0193056 11/20/15 P Porterfield Enterprises LTD 0000003662 400.77 Line Description: Brake Pads Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 18 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: Payment Ref Date Status Remit To 0193057 11/20/15 P Pyramid Fence Company Inc Line Description: Fairview Park Vernal Pools Fen 0193058 11/20/15 P Quentin W McKenzie Line Description: Basketball Referee 11/16/15 0193059 11/20/15 P Quickstart Intelligence Line Description: Automating Administration 0193060 11/20/15 P R & B Products USA LLC Line Description: Swivel 0193061 11/20/15 P R & S Overhead Door of So Cal Inc Line Description: FS#5 Vehicle Gate Repair Emergency App Door Repair-FS#3 0193062 11/20/15 P Red Wing Shoes Line Description: Safety Shoes 4 Roberto Soto 0193063 11/20/15 P Ricky Loya Line Description: Softball Umpire 5/26-5/31/15 Softball Umpire 4/26-5/3/15 Softball Umpire 5/10/15 Softball Umpire 5/24/15 Softball Umpire 6/10-6/14/15 Softball Umpire 6/28/15 Softball Umpire 6/28/15 Softball Umpire 7/7-7/16/15 Softball Umpire 7/7-7/16/15 Softball Umpire 7/23-7/26/15 Softball Umpire 7/23-7/26/15 Softball Umpire 3/6/14 Remit ID 0000003716 :litiolIIIiff/M1 0000017501 0000019304 0000022092 0000003772 11DPL➢1+Xk1-A1 Payment Amt 2,850.00 100.00 1,497.50 162.00 2,068.75 146.88 4,042.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 19 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle' AWKI v Payment Ref Date 0193065 11iB14111.1 Status Remit To Line Description: Softball Umpire 3/20114 Softball Umpire 4/3/14 Softball Umpire 4/17-5/1/14 Softball Umpire 5/8/14 Softball Umpire 7/3-7/10/14 Softball Umpire 5/22-5/29/14 Softball Umpire 615-6/12/14 Softball Umpire 6/19-6/26/14 Softball Umpire 7/15-7/24/14 Softball Umpire 7/31-8/7/14 Softball Umpire 10/8-10/9/14 Softball Umpire 10/22/14 Softball Umpire 11/12-11/16/14 Softball Umpire 11/19/14 Softball Umpire 11/20/14 Softball Umpire 3/8/15 Softball Umpire 3/15115 Softball Umpire 3/18/15 Softball Umpire 3/22/15 Softball Umpire 3/29/15 Softball Umpire 4112115 Softball Umpire 4/19/15 11/20/15 P Ricoh USA Inc Line Description: CEO CopierAddtl Images Oct2015 11/20/15 P Rincon Truck Center Inc Line Descriptions Filters -Shop Supplies Shock for Unit 525 Brake Pad Set for Unit 525 Seal Kit -Shop Supplies Credit for Returned Disc Pads Filters & Seals for Unit 418 Belt for Unit 403 Seal Kit & Disc Pads -Unit 525 0000007311 0000013236 Payment Amt 16.18 1,236.63 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 20 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0193067 11/20/15 P Robert L Dickson Jr 0000003571 400.00 Line Description: Planning Comm Mtg-Oct 2015 Planning Comm Mtg-Oct 2015 0193068 11/20/15 P Robert Newman 0000018053 100.00 Line Description: Basketball Referee 11/9/15 0193069 11/20/15 P Roto Rooter Service & Plumbing Company 0000003863 512.55 Line Description: Cleared Restrm Line-EstanciaPk Drain Line Cleared @ NCC 0193070 11/20/15 P Ryan Lee 0000022993 377.00 Line Description: Instructor Payment Fall 2015 0193071 11/20/15 P SOS Survival Products 0000014360 1,003.62 Line Description: Product Code: 1050; 50 - Pers Shipping Fee Product Code: 33105; Fold -to - Sales Tax (8.00%) 0193072 11/20/15 P Safeway Sign Co. 0000016310 522.78 Line Description: Metal Info Sign 4 Bark Park 0193073 11/20/15 P Scientia Consulting Group Inc 0000021410 13,760.00 Line Description: Prof Svc Agreement 10/4-10/17 Prof Svc Agreement 10/18-10/31 0193074 11/20/15 P Scott Fazekas & Associates Inc 0000003961 807.95 Line Description: Building Plan Check Services Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 21 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CIN Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To Remit ID Payment Amt 0193075 11/20/15 P Shred -It USA LLC 0000023556 70.75 Line Description: Shredding Services for HR 0193076 11/20/15 P Sierra Java Inc 0000004027 150.68 Line Description: Coffee Supplies 4 City Council 0193077 11/20/15 P Southern California Edison Company 0000004088 14,820.57 Line Description: Vet Hall 10/7-11/6/15 782 Shalimar 10/8-11/9/15 350 Bristol 10/9-11/10/15 BCC 10/7-11/6/15 2293 Canyon 1017-11/6/15 1587 Sunflower 10/8-11/9/15 360 Ogle 10/13-11/12/15 707 W 18th 10/7-11/6/15 711 James 10/7-11/6/15 734 James 10/7-11/6/15 745 W 18th 1017-1116/15 740 James 10/7-11/6115 744 James 1017-11/6/15 3192 Redhill 1018-1119/15 Park Maint 10/7-11/6115 3191 Red Hill 10/9-11/10/15 Signals 10/7-11/6/15 Median 1016-11/5/15 0193078 11/20/15 P Southern California Gas Company 0000004092 137.50 Line Description: CNG Fuel @ New CY Oct 2015 CNG Fuel For Old CY Oct. 15 0193079 11/20/15 P Southern California Public Safety 0000014060 35.00 Line Description: 711115-6130116 Annual Dues Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 22 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: Payment Ref Date Status Remit To Remit ID Payment Amt 0193080 11/20/15 P Sparkletts 0000015725 26.17 Line Description: Water for Fire 0193081 11/20/15 P Sprint 0000015635 398.30 Line Description: PD Cell Phone Swc 8/12-9/11 PD Cell Phone Swc 9/12-10/11 0193082 11/20/15 P State of California Dept of Consumer 0000007903 115.00 Line Description: Prof License RnwFE Munoz 0193083 11/20/15 P Steen Security Inc 0000015257 119.97 Line Description: CY Alarm Monitoring-Nov-Jan16 0193084 11/20/15 P Stericycle Inc 0000005564 252.45 Line Description: PD BiohazardDisposal Nov-Jan16 0193085 11/20/15 P Superior Signals Inc 0000004195 9.87 Line Description: Credit for Return Strobe Lights 4 Vehicle #361 0193086 11/20/15 P Susan Saxe Clifford PHD 0000003932 1,350.00 Line Description: Psych Evaluation 4 PD & Comm 0193087 11/20/15 P Tecta America 0000003718 3,120.00 Line Description: Mesa Verde Library - Repair Re 0193088 11/20/15 P The Bank of New York Mellon 0000005664 1,500.00 Line Description: QrtlySafekeepingFee Jul-Sep15 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 23 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM C cle: Payment Ref Date 0193089 11/20/15 0193090 11/20/15 0193091 11/20/15 0193092 11120115 0193093 11/20/15 0193094 11/20/15 Status Remit To P Theodore Robins Ford Line Description: Cover for Unit #725 Heater Core for Unit #328 Elbow for Unit #328 Switch Assembly for Unit #649 Relay for Unit #649 Credit for Core Return Valve, Starter for Unit #052 Brake Pads,Wipers 4 Unit #725 Switch Assembly for Unit #331 P Time Warner Cable Line Description: Internet Services 11/17-12/16 Internet Services 11/17-12/16 Equipment Fees 10/29-11/28/15 Internet Services 11/18-12/17 P Tomark Sports Inc Line Description: Materials 4 TW AthleticCmplx P USI Inc Line Description: Bindery/Plotter Supplies P United Industries Line Description: Particulate Respirators -Stack Safety Glasses -Warehouse Stock Gloves -Warehouse Stock P United Site Services of California Inc Line Description: Porta Potty Svc-ScareCrowFesti Porta Potty Svc -FDC Trailer Porta Potty Svc-DelMarCommGard Porta Potty Svc-HamiltonCommGa Remit ID 0000004245 0000011202 0000004273 0000005890 0000010867 UDPUIIi6Y.1014 Payment Amt 864.95 2,842.42 510.33 663.16 514.67 799.69 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 24 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: Payment Ref Date Status Remit To 0193095 11/20/15 P United Water Works Inc Line Description: Irrigation Supplies 0193096 11/20/15 P Verizon Wireless Line Description: PD Cell Phone Usage 9/16-10/15 0193097 11/20/15 P Vulcan Materials Company Line Description: Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt for Patching Potholes Asphalt 4 W Wakeham Place Asphalt for Patching Potholes 0193098 11/20/15 P Wame Sanitary Supply Line Description: Commercial Rubbing Alcohol 0193099 11/20/15 P Wayne Electric Company Inc Line Description: Pump Motor for Unit 525 0193100 11/20/15 P We The Creative Line Description: Graphic Design Services 0193101 11/20/15 P Westates Line Description: Self Inking Stamps 4 Buyers 0193102 11/20/15 P White Nelson Diehl Evans LLP Line Description: Audit Services for FY 2014201 Remit ID Payment Amt 0000023599 156.60 0000008717 2,783.61 0000007403 874.79 0000004480 73.31 0000004482 286.21 0000021634 1,500.00 0000004505 82.39 0000004228 13,000.00 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 25 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CITY Run Time 10:59:47 AM Cycle: WAIKI v Payment Ref Date 0193103 11/20/15 Status Remit To P Zumar Industries Inc Line Description: Special Combo Signs 4 Vanguard Park Rule Signs 4 All CityPrks End of Report Remit ID 1DB111D0.5014 Payment Amt 1,348.49 TOTAL $1,028,331.42 Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date Nov 19,2015 Bank: CIN Run Time 1:52:15 PM Cycle: APAv Payment Ref Date Status Remit To 0193104 11/20/15 P CalPERS Long -Term Care Program Line Description: Payroll Deduction Check 1524 0193105 11/20/15 P Community Health Charities Line Description: Payroll Deduction Check 1524 0193106 11/20/15 P State of Califomia Line Description: Payroll Deduction Check 1524 0193107 11/20/15 P State of California Line Description: Payroll Deduction Check 1524 0193108 11/20/15 P Tamm Williams Line Description: Payroll Deduction Check 1524 0193109 11/20/15 P United States Treasury Line Description: Payroll Deduction Check 1524 End of Report Remit ID Payment Amt 0000006287 228.07 0000008015 10.00 0000001546 85.00 0000001546 254.00 0000002941 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 Nov 19,2015 Bank: CITE' Run Time 11:00:02 AM Cycle: MAXI Y Payment Ref Date Status Remit To 0193041 11/20/15 O Mesa Consolidated Water District 0193064 11/20/15 O Line Description: Overflow Ricky Loya Line Description: Overflow End of Report Remit ID 0000003144 Payment Amt 0.00 0000022490 0.00 TOTAL nAn WARRANT RESOLUTION NO. 2547 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NOS. 15-23 "A" FOR $23,621.07; AND 15-24 FOR $2,118,951.36; AND CITY OPERATING EXPENSES FOR $1,631,098.80, 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 1't day of Decem ATTEST: &"&& ay -PSL BRENDA, GREEN CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) STEPHEN M. MENSINGER MAYOR 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. 2547 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1" day of December, 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 2"d day of December, 2015. BRENDA GREEN CITY CLERK Cl T Y COUNCIL A GENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: CC -4 SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTANTS DATE: NOVEMBER 12, 2015 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: WILLA BOUWENS-KILLEEN, AICP ZONING ADMINISTRATOR FOR FURTHER INFORMATION CONTACT: WILLA BOUWENS-KILLEEN, AICP ZONING ADMINISTRATOR Willa.bouwens-killeen@costamesaca.gov RECOMMENDATION 1. Approve the Professional Services Agreement with The Lilley Planning Group, not to exceed $93,000; and 2. Authorize the City Chief Executive Officer to sign the attached Professional Services Agreement with Lilley Planning Group; and 3. Authorize the City Chief Executive Officer to sign the renewals of the approved Professional Services Agreement. BACKGROUND The Planning Division provides comprehensive planning services and assistance to the City's elected and appointed officials, residents, developers, business owners, and many other individuals. Advance planning functions involve General Plan amendments, rezones, Master Plans, Specific Plans, ordinances, and environmental analysis. Current planning functions relate also to interpretation of the State/Federal laws, City Council policies, and the Zoning Code. There are two vacancies (Associate Planner and Senior Planner) in the Planning Division. ONAI Y -RIR Responding to planning and zoning inquiries at the public counter is an essential service. With the recent rise in the economy, the Development Services Department has experienced increased service requests and expects to respond to many new project applications and development activities. Based on current staffing needs, workload, and increase in projects, staff believes that planning consultant assistance is essential to keep pace with entitlement processing, customer visits and requests. Attached is the Professional Services Agreement (PSA) with Lilley Planning Group to provide planning services for a term of seven months (December 2015 through June 30, 2016) with the potential for two one year renewals as referenced in the PSA. FISCAL ANALYSIS There is no fiscal impact because funding for the current agreement is accommodated in the Consulting General Fund budget through Development Services Department's salary savings. Consequently, any expenditures in excess of existing approvals will be required to be pre -authorized with total expenditures not to exceed the approved cap. LEGAL ANALYSIS There is no adverse legal impact anticipated by the Council's taking the recommended action(s), based upon the documents and information provided to this office. CONCLUSION Due to increased development activity and current vacancies (for an unspecified period of time), staff is seeking authorization to enter into contract with the Lilley Planning Group . GARY ARMSTRONG Director of Economic & Development Services/Deputy CEO WILLA BOUWENS-KILLEEN, AICP Zoning Administrator Attachment A Attachment B Professional Services STEPHEN DUNIVENT Interim Finance Director SILVIA KENNERSON Management Analyst Agreement Purchase Requisition ATTACHMENT A CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of December, 2015 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and LILLEY PLANNING GROUP, a California Corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide Planning Consulting Services as more fully described as Exhibit "A"; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's Response to City's RFP (the "Response") attached hereto as Exhibit "B," both incorporated herein by this reference. 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 Citv. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.& 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 Ninety Three Thousand Dollars ($93,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests 2 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. 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 Seven (7) months, ending on June 30, 2016, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. At the end of the term period, Consultant and City may mutually agree, in writing, to renew the contract for up to two (2) term periods of one (1) year each. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 3 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life.of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises 11 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 -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives, The City CEO or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. 5 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: Lilley Planning Group 564 S. Brea Blvd. Brea, CA 92821 Tel: (714) 672-9906 Fax:(714) 672-9908 Email: ray@lilleyplanning.com Attn: Jennifer Lilley IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 754-5153 Fax: (714 754-4856 Email: willa.bouwens-killeen@ costamesaca.gov Attn: Willa Bouwens-Killeen 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 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 RA shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 7 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 f:3 Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Id] 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 Mayor CONSULTANT Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa 11111111] Date: Date: APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management APPROVED AS TO CONTENT: Project Manager DEPARTMENT HEAD APPROVAL Gary Armstrong, Development Services Director nterim Finance Director 11 Date: Date: Date: Date: Date: EXHIBIT A REQUEST FOR PROPOSALS 12 REQUEST FOR PROPOSAL MOTO Planning Consultant RFP No. 16-04 FAST TRACK Development Services Department CITY OF COSTA MESA Released on Wednesday, October 14, 2015 PLANNING CONSULTANT REQUEST FOR PROPOSAL (RFP 16-04) Dear Proposers: 2 The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from a qualified public entity or private firm, to establish a contract for a professional consulting services related to a Senior or high-level Associate Planning Consultant. The term is expected to be for one year with a one year option to renew. 1. BACKGROUND The City of Costa Mesa is a general law city, which operates under the council/manager form of government with a General Fund budget of over $118 million. The City of Costa Mesa, incorporated in 1953, has an estimated population of 110,757 and has a land area of 16.8 square miles. It is located in the southern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine. The City is a "full service city" and provides a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs. The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza, secures its place as the highest volume regional shopping center in the nation. 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP October 14, 2015 Deadline for Written Questions (4:00 PM) October 20, 2015 Responses to Questions Posted on Web October 22, 2015 Proposals are Due (4:00 PM) October 26, 2015 Approval of Contract (City Council Approval Required) November 2015 3 'All dates are subject to change at the discretion of the City 3. SCOPE OF WORK The City of Costa Mesa invites you to submit a proposal for a Planning Consultant: • Senior Planner or high-level Associate Planner; • Full-time, 40 hours per week through June 30, 2016. Contract may be extended based on workload needs; • Respond to planning and zoning inquiries at the public counter is an essential service; • Review all construction plans prior to submission for plan check; • Assists in the coordination of a major segment of the City's planning and zoning functions and activities including General Plan implementation, current, advance and environmental planning; • Participates in special planning, zoning and environmental studies; • Helps coordinate activities with other sections, divisions or departments; • Researches, analyzes, collects and interprets a wide variety of data relating to planning and zoning projects, land use, social economic and population matters; • Meets with developers, engineers, property owners, contractors and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, pre -applications, development applications, feasibility analysis, conceptual development plans and code interpretation; • Plans, coordinates, and participates in the preparation of planning projects and drafting plans, and in tabulating and compiling survey data for reports; • Performs research, planning, and technical analysis for complex planning projects, and prepares reports of studies; • Develops and maintains good working relationships with other city departments, other jurisdictions, and the public; • Other related work may be required as requested by the City's project manager. 4. PROPOSAL FORMAT GUIDELINES Interested entities or contractors are to provide the City of Costa Mesa with a thorough proposal using the following guidelines: 4 Proposal should be typed using a 12 -point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following proposal sections are to be included in the Proposer's response: • Vendor Application Form and Cover Letter Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor's office located nearest to Costa Mesa, California and the office from which the project will be managed. • Background and Project Summary Section The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP. • Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: 1. An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2. Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. 3. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, 5 including a complete transition plan. Include your plan to deal with fluctuation in service needs and any Senior or high-level price adjustments. 4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. 5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost- effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired. 6. Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable. • Staffing Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform and anticipated hours of service of each individual.' Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. • Qualifications The information requested in this section should describe the qualifications of the firm or entity, key staff and sub -contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. ' Hourly rates for the proposed personnel shall beset forth on Appendix D. 6 A summary of your firm's or entity's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. For private Proposers, provide at least three references that received similar services from your firm. The City of Costa Mesa reserves the right to contact any of the organizations or individuals listed. Information provided shall include: o Client Name o Project Description o Project start and end dates o Client project manager name, telephone number, and e-mail address. Any public entity which submits a proposal should describe in detail how it currently performs services like those identified in the scope of work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers. • Financial Caoacit Provide the Proposer's latest audited financial statement or other pertinent information such as internal unaudited financial statements and financial references to allow the City to reasonably formulate a determination about the financial capacity of the Proposer. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer. • Fee Proposal All Proposers are required to use the form in Appendix D to be submitted with their proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated (the City of Costa Mesa is seeking hourly rates). Proposals shall be valid for a minimum of 180 days following submission. Disclosure Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration. Sample Agreement The firm selected by the City will be required to execute an Agreement for Services (Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement. See Section 13, below. • Checklist of Forms to Accompany Proposal As a convenience to Proposers, following is a list of the forms, included as appendices to this RFP, which should be included with proposals (1) Vendor Application Form (2) Ex Parte Communications Certificate (2) Price Proposal Form (3) Disclosure of Government Positions (4) Disqualifications Questionnaire 6. PROCESS FOR SUBMITTING PROPOSALS Content of Proposal The proposal must be submitted using the format as indicated in the proposal format guidelines. • Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. • Number of Proposals Submit one original, three (3) hard copies plus one disk/flash drive copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. In the event of a conflict between the original and any hard copy or disk copy, the original shall control. • Submission of Proposals Complete written proposals must be submitted in sealed envelopes marked and received no later than 4:00 p.m. (P.S.T) on Monday, October 26. 2015 to the address below. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. City of Costa Mesa City Hall Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 RE: Planning Consultant RFP No. 16-04 Inquiries Questions about this RFP must be directed in writing, via e-mail to: Willa Bouwens-Killeen, Zoning Administrator wi Ila. bouwens-killeen(cDcostamesaca.gov The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments, responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, http://www.costamesaca.gov/Modules/ShowDocum6nt aspx?doeumentid=19749; Proposers should check this web page daily for new information. The City will endeavor to answer all written questions timely received no later than 4:00 PM (P.S.T.) October 20, 2015. The City reserves the right not to answer all questions. From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. • Conditions for Proposal Acceptance This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal. All proposals will become the property of the City of 9 Costa Mesa, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 7. EVALUATION CRITERIA The City's evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest responsible bidder will be determined based on evaluation of qualitative factors in addition to price. At all times during the evaluation process, the following criteria will be used. Sub -criteria are not necessarily listed in order of importance. Additional sub criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below. 1. Understanding of work to be performed------------------ 30% 2. Project team: Technical expertise and experience--- 35% 3. Firm's related experience and references-------------- 20% 4. Proposal responsiveness -------------------------------------15% Total----------------------------------------------------------------------- loo % 8. EVALUATION OF PROPOSALS AND SELECTION PROCESS In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating proposals. An Evaluation/Selection Committee (Committee), which may include members of the City's staff and possibly one or more outside experts, will screen and review all proposals according to the weighted criteria set forth above. While price is one basic factor for award, it is not the sole consideration. A. Responsiveness Screening Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals. B. Initial Proposal Review The Committee will initially review and score all responsive written proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer's approach, qualifications, or price is not 10 considered acceptable by the City. An unacceptable proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection. C. Interviews, Reference Checks, Revised Proposals, Discussions Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. This date is subject to change. The individual(s) from Proposer's firm or entity that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal. In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer's references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer's services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process. Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm, which shall be determined to be the lowest responsible bidder. The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP. 9. PROTEST PROCEDURES Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to 11 receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff's recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff's recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting. 10. CONFIDENTIALITY The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the proposals following the evaluation process at such time as a recommendation is made to the City Council. If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer's competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as confidential. Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer's request, Proposer shall assume all responsibility for any challenges resulting from the non -disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney's fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City. 11. EX PARTE COMMUNICATIONS 12 Proposers and Proposers' representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix C) with their proposals certifying that they have not had or directed prohibited communications as described in this section. 12. CONFLICT OF INTEREST The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable. 13. DISCLOSURE OF GOVERNMENTAL POSITION In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached "Disclosure of Government Positions Form." (See Appendix F.) 14 CONDITIONS TO AGREEMENT, IF ANY. The selected Proposer will execute an Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which may be modified by City. All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. 13 The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist. Submittal of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for Services unless the Proposer includes with its proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code, the City may consider the scope and number of conditions in evaluation proposals and determining the lowest responsible bidder. 15. DISQUALIFICATION QUESTIONNAIRE Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation. See Appendix E. 16. STANDARD TERMS AND CONDITIONS Amendments The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site - Business - Bids & RFP's; Proposers should check this web page daily for new information. Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the Proposer. All proposals submitted become the property of the City. Insurance Requirements City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified within Appendix B. EXHIBIT B CONSULTANT'S PROPOSAL 13 Proposal for: October 26, 2015 Prepared for: City of Costa Mesa City Mall Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628 1200 RE: Planning Consultant RFP No, 16-04 4 Prepared by: �. , ..;:J 564 South Brea Boulevard Brea, California 92821 Phone: 714.672,9906 web site: www.lilleyplanning.com City of Costa Mesa Pago 1 J, October 26, 2015 Ms. Willa Bouwens — Killeen Zoning Administrator City of Costa Mesa Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 Subject: Proposal for Planning Consultant for the Development Services Department of the City of Costa Mesa, RFP 16-04. Dear Ms. Bouwens — Killeen: Thank you for the opportunity to submit our response to the City of Costa Mesa's request for planning consultant services. Lilley Planning Group has provided planning services for over 20 years to more than 40 communities in California and is excited to be considered for work with the City of Costa Mesa. We have a dynamic team of professionals immediately available to provide the services requested by the City of Costa Mesa. The planners with our firm began consulting after working in various planning positions for local governments. This past experience has familiarized them with the professionalism and commitment to excellence providing planning services for a public agency demands. Our accomplished staff is led by a team of principals, each with 15 to more than 25 years of experience providing planning services to municipalities. This expertise and background has cultivated a wide range of knowledge in the field of planning adding value to your organization. We are known for our on-call services for municipal clients. This is our niche in the industry and we take great pride ensuring we provide high quality and responsive services that are tailored to each of our client's needs. We have professional staff available to assist the City of Costa Mesa in a timely, professional and experienced mariner, Given our expertise and background, minimal training time is necessary, and we exceed the expectations of our clients. Our staff has expertise in discretionary case processing, code compliance, project management and environmental review. We are pleased to have these individuals as part of our team and know that they will bring exceptional skills to the work for the City of Costa Mesa. We have skilled Associate and Senior planners available for you to consider for the work you anticipate, as well as Planning Technicians, Assistant, and Principal planners, should the need arise for those services. To ensure you receive the highest level of service and projects run smoothly and stay on schedule, we will provide for you proactive solutions, consistent communication, and solid coordination. The Ulley Planning Group will work with the City of Costa Mesa to quickly respond and provide the City a planner or an experienced team of professionals offering you the best options with respect to level of experience, qualifications, and expertise. Our firm has previously provided planning staff services to the City of Costa Mesa and is familiar with the community and planning processes and expectations of the city. Our company is committed to adapting our services to your organization and complementing your existing processes to fully meet and exceed your standards. We appreciate your time in reviewing our proposal. We are confident you will find our capabilities; technical expertise and staff are the right fit for your on-call planning needs. I look forward to the opportunity to speak with you about our services and the needs you anticipate, now and in the future. Sincerely, -F -TC4ct, Raynald F, Pascua, Principal Lilley Planning Group 564 South Brea Boulevard Brea, CA 92821 714.672.9906 ray@lilleyplanning,com 1. Background and Project Summary: We understand that the City of Costa Mesa is a general low, "full service" city. It is a major industrial and commercial center in south Orange County, with high profile public and private venues. We have worked with several communities similar to Costa Mesa, including Huntington Beach, Irvine, Anaheim, and Lake Forest. We understand that the City has a need for a full-time high level associate planner or a full-time senior planner level to start immediately. Our firm specializes in providing these services to public agencies in California, We have professional staff available to assist the City of Costa Mesa in a timely, professional and experienced manner. The following is a summary of our approach to planning services: Reviewing and processing all aspects of current planning applications, Advising and assisting the public and other City departments with planning applications; Assisting with issues and problems for pending projects and applications and consulting with the applicant or other parties; Assisting with establishing General Plan goals, policies and implementation programs; Reviewing, analyzing, coordinating related planning activities; Preparing written staff reports for consideration by the Commissions and City Council; Managing all aspects of assigned projects including noticing and CEQA requirements; Conducting research and special studies; Preparing zoning code amendments, General Plan updates and other policy documents as necessary, including research and public workshops; Attending and making presentations to the Planning Commission and/or City Council and respond to questions as requested; and Providing guidance and oversight to City Planning staff. We have a proven track record for providing planning staff that is the best match possible to the clients we serve. We look for professionals with the technical competency to meet the requested services of our clients as well as the ability to fit into the organization they will be assigned. We believe you will find we employ highly qualified and experienced professionals whose skills meet those requested by our clients and whose qualifications and previous responsibilities are a strong match to the needs of your agency. We do this by employing the following practices: Our clients have the opportunity to interview our staff before placing them in any assignment. Our planners have experience working for public agencies prior to working with us, The Lilley Planning Group knows our reputation Is our most valuable asset. To protect it we do not over commit our staff and we only commit to work our staff has f he qualifications to perform. Our staff maintains their professional development and we provide extensive training in project management, land use law, CEQA, writing and public presentations skills. We maintain regular office hours to be accessible and available when needed. We consistently meet departmental standards including: deadlines, quality of work products, courtesy and accessibility, accuracy of reports and information given to the public, and responsiveness by gaining a firm understanding of expectations and maintaining consistent communication with our clients. The Lilley Planning Group is committed to providing planning services that are cost effective while maintaining productivity standards, 2. Methodoloov/Services to be orovided: The Lilley Planning Group is interested in proposing for Planning Consultant Services to provide high level associate or senior planner services. The following discussion addresses the various technical services anticipated for the City of Costa Mesa as outlined and described in the Scope of Work. We have included a brief description of our services and approach. We understand and provide services to process applications for Use Permits and Administrative Use Permits and Project Management through dedicated professional planning staff for consideration by the Planning Commission and City Council including preparation of draft and final planning documents, CEQA review and management and the staff reports, presentations necessary to review projects and process through the system, and providing planning information to the public. In order to accomplish these tasks, on-call contract services may include but are not limited to the following tasks: A, Respond to planning All of our team members are skilled at and zoning Inquiries, reviewing the City's historical files, zoning map, provide general zoning code and other data and files to respond planning information to inquiries at the public counter. to the public, review We also learn the frequently asked questions (i.e. all construction plans business license, special events, building prior to submission for inspection request, etc.) that typical visits to plan check City Hall deal with and we provide as much assistance as possible and help provide "one- stop- shopping" for questions and needs. Our planners are well versed in determining when a project is ready for plan submittal. Our professional team is known for our organization and of all of our cases. We are committed to adding value to the organizations we serve. We understand the importance and critical nature of the paper and electronic files of your Department. We see it as our responsibility to our client to keep accurate files throughout the process, We keep all necessary documents in the case file in an organized and compliant manner so anyone can pick up a case file in our absence and find information needed to keep the project moving or provide details to anyone that might inquire. When a project is completed we take great pride in ensuring the case file includes all final documents, signed originals and all other important pieces for the case history as per City standards. B. Preparation of staff Our professional team has experience reports for review by the processing thousands of discretionary cases for Zoning Administrator many jurisdictions and has developed best Planning Commission practices to manage multiple projects' and City Council as deadlines, maintain responsiveness applicants required. and the community, and to prepare clear and concise staff reports, We believe it is important to keep communication open among all decision makers, staff, developers, business owners and the communities we serve. We also see it as our role to proactively coordinate this effort for consistency and time efficiencies. We work with other department coordinators to gather their input and provide it quickly and accurately to the applicant. We are available and attend development review committee meetings and provide clear, concise information to inform the team of the project and the challenges that are present. We take the time to thoroughly review each case to ensure we understand the history and the policies and procedures of the City, We draft our reports and make our recommendations with clear and accurate findings so that appointed officials can easily come to a decision on a project. C. Coordinate and We manage cases and conduct all levels of participate in the review from field inspections, plan analysis, code preparation of planning research and interpretation, production of reports projects, drafting pians, and resolutions, develop recommendations and tabulating and compiling supporting findings for action by staff or city survey data for reports. officials. We offer environmental analysis, review, Perform research and documentation and management. technical analysis for We provide entitlement processing for conditional complex planning use permits, site development permits, subdivision projects. maps, sign programs, variances and other discretionary and administrative applications. We are skilled at working with applicants to help them find solutions to meet fhe code or conform to design guidelines or other special policies. We provide excellent customer service and are responsive to the needs of both the applicant and the City. We clearly explain the planning process, timelines, the need for technical studies, revisions to the project, and coordinate with other departments to ensure a successful outcome. D. Attendance at staff Our planners have solid presentation skills and and public meetings as have provided services to city councils, needed. commissions, and community groups presenting development applications and reports, and preparing and holding study sessions an policy recommendations. We are often commended for the ability our staff has to take complex issues and present fhem in a way that is clear and easy to follow without the use of unnecessary jargon. We are passionate about working with stakeholders on projects to communicate the direction of the City early in the process so they understand what the goals are and how to be a part of the ultimate solution. We are very skilled at working with developers and contractors and understand what their needs and concerns are and we believe that we have strong skills communicating with all of these various participants in the process. We integrate ourselves as members of the staff and collaborate very well with City Planners and other city employees. E. Review applications and Our professional planners ore well versed in projects as needed for current environmental law and documentation. compliance with the We are prepared and able to process projects California Environmental to include any applicable CEQA process. Our Quality Act (CEQA). This staff is thorough in their approach and prepares may include outside documents that are defensible and meet all review of other local, State and Federal requirements. We can organizations for CEQA prepare initial studies, notices of preparation, compliance, negative declarations, mitigated negative declarations and monitoring programs, notice of determinations, response to comments and various other necessary CEQA documents. We have managed hundreds of consultant teams preparing these documents as well and we bring our project management skills to add value to this work as well. Finally we have reviewed and commented on hundreds of CEQA documents from outside organizations and adjacent agencies. We review these documents to ensure the City's needs are represented and comments and concerns are raised early and monitored throughout the entire CEQA review process. The Lilley Planning team has experience providing peer review, response to comments, initial studies, negative declarations, mitigation monitoring plans and environmental impact reports for city projects, capital improvement projects, community services, redevelopment as well as for reviewing and responding to outside organizational CEQA documents. We can be a great asset to the City to keep costs down and be efficient by using our skilled and experienced staff for this service. We also have the skills and ability to host scoping meetings and attend meetings on behalf of the City to ensure areas of concern are included in studies being done by outside agencies. p, Develop and maintain Our firm specializes in providing effective and good working efficient on-call planning services to public relationships with other agencies, This is our niche. We understand our city departments, other clients are looking for professional staff that jurisdictions and the understand the work and step into the public. assignments immediately and keep projects on track. They are typically looking for planners that can fit seamlessly into the organization and operate as an extension of staff, The Lilley Planning Group has that special professional that can integrate fully into a variety of environments to fit the style, communication, and approach to meet the specific character of the client city, Our firm is committed to providing great customer service to the city, 3. Staffing: As a Principal of the Lilley Planning Group, Raynald F. Pascua would be the contract manager for this assignment. Ray will ensure you receive the highest level of service and responds to your on-call staffing needs. Ray is available to discuss our level of service, personnel, contract administration or any issues that may arise. Ray has been a professional planner for more than 25 years and now works with our talented team of Principals to run the operations of the firm and provide management of our contracts and team. In addition to his management role, Ray provides project management services to our clients processing large-scale development proposals and is the lead planner for the expedited case processing program, John Ramirez, AICP, has over 16 years of land use planning and project management experience. He has worked for a variety of cities providing supervision and management of staff and projects. He has the breadth of experience, customer service focus, and ability to step into this role immediately to assist you In daily processing as well as long-range projects, Lione Schuller, has over 25 years of professional experience in a variety of planning areas including general plan updates, zoning code updates, specific plans, and developing design guidelines, Ms. Schuller served as the Zoning Administrator for the City of Laguna Beach, managing their staff, overseeing daily operations, presenting projects and participating in public hearings, She also manages administrative and discretionary development applications, performs daily plan checks and design/environmental reviews; responds to zoning and land use inquiries, processes business licenses. Amy Stonich, AICP, has over 17 years of professional experience in the public sector working for a variety of cities including small and large jurisdictions and coastal and urban communities in California. She has extensive experience working in current planning in a senior/management position and was also in charge of overseeing the code enforcement division at the City of Tustin. Ms. S[onich was an active Board Member of APA from 2007 to present and served as the 2014 APA California Conference Chair for Programs, She is the recipient of multiple awards from the APA for her part in the preparation of the First Street Specific Plan and in her role serving as a liaison for the Planning and Code Enforcement Divisions as the Co -Chair for the Neighborhood Improvement Task Force (NITF), This award winning Community Governance Committee coordinates multiple City departments and agencies to resolve complex community issues. Her leadership skill in this group and her work with other interdepartmental coordination is an example of her ability to build relationships for the benefit of the cities in which she works, 4. Qualifications and Experience: Company Profile The Lilley Planning Group is a full service, professional planning firm providing land use, environmental and on-site planning consulting exclusively to public agencies throughout California. Our mission is to provide outstanding, quality service to the clients and the communities we serve and ensure that we add value and make a positive impression with each assignment, Jennifer Lilley, AICP, President of the firm, has been a professional planner for over fwenfy-five years and has focused the last twenty years of her career assisting more than 50 agencies with their planning needs. Because of our extensive experience and exclusive dedication to provide planning staff to public agencies, Lilley Planning is uniquely qualified to provide on-call services. We have assembled a team of experienced professionals to deliver high quality contract services. All of our staff has professional planning experience in the public sector, giving them a unique and thorough understanding of the processes we will be Implementing and the challenges faced in city planning departments. We have a proven track record providing professionals that have the technical competency to meet the requested services of our clients as well as the ability to fit into the organization they are assigned. We believe you will find that we employ highly qualified and experienced professionals whose skills, qualifications and previous responsibilities are a strong match to the needs of any agency. We do this by employing the following practices: • Our clients have the opportunity to interview our staff before they are assigned. • Our planners have experience working for public agencies prior to working with us allowing them to integrate seamlessly into department operations. • The Lilley Planning Group knows that our reputation is our most valuable asset. To protect it we do not over commit our staff and we only commit to work that our staff has the qualifications to perform. • Our staff maintains their professional development and we provide extensive [raining in project management, land use law, CEQA, writing and public presentations skills. • We maintain regular office hours to be accessible and available when needed. • We consistently meet departmental standards including: deadlines, qualify of work products, courtesy and accessibility, accuracy of reports and information given to the public, and responsiveness. • We ensure we have a firm understanding of expectations and maintain consistent communication with our clients. • The Lilley Planning Group is committed to providing services that are cost effective while maintaining productivity standards, Client References: Below are references for similar contract services. We have included more than the requested three to show the variety of clients we serve including large and average population cities, coastal communities, hillside cities, and built -out urban cities, We are currently providing staff for a number of California cities. Our specialty is providing on-call planning services to cities and we are proud of the community partners with which we have the opportunity to work. We encourage you to contact our references and learn more about our services and staff. We have not been terminated from any of our contracts. Our clients have extended or entered into new agreements with our firm. We are very proud of the reputation and solid relations we have built. Service/Projeect Infor a Referencetnfornriatfon Professional Planning Services City of Irvine Mr. Steven Higa Principal Planner I Civic Center Plaza Irvine, CA 92606 949.724.6404 Lhiraa Processional Staffing Services, Counter City of Huntington Beach and Plan Check Services Ms, Jane James, AlCP Presentations to Planning Commission Planning Manager and City Council 2000 Main Street Huntington Beach, CA 92648 714,536.5596 uames@surfcitv-hb.ora Professional Planning Services City of Anaheim specializing in expedited project Mr. Jonathan Borrego review services, Presentations to Planning Services Manager Planning Commission and City Council 200 South Anaheim Blvd. Anaheim, CA 92804 714.765.5016 _Lbprrgg �4a nci heim,ne i Project Management, Professional City of Mission Viejo Planning Services, Housing Ms.Elalne Lister, AICP Rehabilitation Administration 1200 Development Development Services Services e v Ice Director Civic Center t r e Mission Viejo, CA 92691 '10, C 9 -es 949,4703024 li+e 4�qitr �iIPL -- -- -!- - qLn�)J.sQ - -- �IIV- I O-Jir-q On -Call Services. City of Lake Forest - Dev. Services IDepartment Ms. Gavle Ackerman IDirector 949.4613500 125550 Commercenf re Drive Suite 100 1Lake Forest, CA 92630 pggkqrm�grn lakqfo 5. Financial Capacity: Proof of financial soundness to be provided separately: The firm is privately held and financials submitted with this proposal would then be public record. This could create vulnerability and unfair competition opportunities with our competitors. We are happy to provide proof of financial soundness; however, this documentation is not something the firm is comfortable providing for an on-call consulting contract proposal. 6. Fee/Price Proposal: Classification/Title and Hourly Rate: The Lilley Planning Group will perform consulting services based on the following breakdown of classification and title of hourly rates for key personnel, Our key personnel are primarily employees of the company. The hourly rate would not vary given contractor or employee status with the firm, See Exhibit C for Senior Planner & Associate Planner annual rate based on 40 hour/week. The hourly rates are as follows: Principal Planner $110.00 Senior Planner $90.00 Associate Planner $75.00 Assistant Planner $60.00 Planning Technician $40.00 7. Disclosure: The Lilley Planning Group has previously provided on-call planning services to the City of Costa Mesa. The Lilley Planning Group does not have any current business or personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee, 14 15 FOM TYPE OF APPLICANT: ® NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Lilley Planning Group Contact Jennifer Lilley Person for Agreement: Corporate Mailing Address: 864 South Brea Blvd.. City, State and Zip Code Brea, CA 92821 E -Mail Address: Ray@Iilleyplanning.com Phone: 714.672.9906 Contact Person for Proposals: Title: Principal Business Telephone: 714.672.9906 Is your business: (check one) Fax: N/A Raynald F. Pascua E -Mail Address: ray@lilleyplanning.com Business Fax: N/A ❑ NON PROFIT CORPORATION W1 FOR PROFIT CORPORATION Is your business: (check one) n CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I[34 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Jennifer A. Lilley President 714.672.9906 Federal Tax Identification Number: 37-1552841 City of Costa Mesa Business License Number: To be obtained (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: 38 34 EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements, Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning the Planning Consultant RFP No. 16-04 at any time after October 26, 2015. I certify that Proposer or Proposer's representatives have communicated after October 26, 2015 with a City Councilmember concerning the Planning Consultant RFP No. 16- 04. A copy of all such communications is attached to this form for public distribution. ao III Provide hourly rates, along with estimated annual pricing In accordance with the City's current requirements, as set forth In section 8 Scope of Work. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles - Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at ov.) Employee Hourly Rate Hours worked Total Cost Overtime rate _$ Senior T., 90.00 — 40 $3600/week N/A Total Estimated Annual Price $ Senior 187,200,00 ADD ANY ADDITIONAL COST PROPOSAL SHEETS HERE 41 Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section 3 Scope of Work, Also provide your firm's proposed Staffing Plan on a separate sheet of paper, Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles - Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.aov.) Employee Hourly Rate Hours worked Total Cost Overtime rate Associate 75.00 40 $3000/week N/A Total Estimated Annual Price Associate t 556,000.00 ADD ANY ADDITIONAL COST PROPOSAL SHEETS HERE 42 43 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space, 44 DISCLOSURE OF GOVERNMENT POSITIONS 45 Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." Jennifer A, Lilley — City Planner, City of Brea 33 CERTIFICATES OF INSURANCE *10 1 '1 l y * A DATE(R WEVYYYY) 10/15/2015 THIS CERTIFICATE I$ 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 PRODUCER CA DOI License No. OF06675 INSURED Lilley Planning Group, Inc. 564 S. Brea Blvd. Brea CA 92821 COVERAGES CERTIFICATE NUMBER: ' AQFnAAn 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, PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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. eOC St7ar1 `"MOO MO POLICY NUMBER... -- WDWY _ MPSLIC YYY—__._._ LIMITS M7R----- TYPE OFINSUflANOE A ✓ COMMERCIAL GENERAL LIABILITY ✓ 6803GO68300 9/19/2015 9/19(2016 `EEAACH OCCURRENCE A $ _$2,000,000 _ CLAM,134ADE ✓ OCCUR _J OR Mt FTS $„5(Eg occurrence $ $1,000000 _ � I I MFD EXPfAny ono pereoN $ $10,000 .. ( PERSONALS Nov INJURY t $2,000,000 GCNL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE_ $ $4,000,000 . POLICY ✓� PRCOT- LOC PRODUCTS- CONNOR AGO $ '$4,000,000 A OTHER. AUTOMOBILE UAsa.ITY 68036668300 ""._ 9/19/2015 .9/19!2016 COMBINED SINGLE LIMIT s $2 000,000. _ ANY AUt'0 ( BODILY INJURY (Per person) -�'III ALL OWNED SCHEDULED BODILY INJURY (Per eccldanl)'S _ AUTOS -- NPN OWNED ✓ HIREDAUTOS ✓ _ AUTOS I V'ROPERN DAMAGE Pe( rygyfgp0}),_ $ _ w UMBRELLA LIAD I OCCUR EACH OCCURRENCE_ 2 EXCESSLIAO �l. CLAIMS-MADE� AGGREGATE OED i I RETENTION^o I � S 8 WORKERSCOMPENSA'riQN 1/1/2015 1/1/2016 ✓ T I AND EMPLOYERS I IABD ITY Y/N I ( $3_ _ ANY PROPRIETORIPARTNER/EXECUTIVEi OFFICBR/MEMSER EXCLUDED? �INlA- - E L EACH ACCIDENT $ $1.000,000 (Mandatory lnNH) IIfpy$ dascnb.und.r fOESGRIPTIONOFOPERATION§borow I CL DISEASE HA EMPLOYEL$ $1000,000 II-- EL.DISEARE-POLIGY LIMIT g $1,000,000 C Professional Liability MCH591894202 10/19/2016 I Per Claim $2,000,000 110/t9/2Q15 , ( Aggregate $2,000,000 msWPTION OF OPERATIONS /LOCATIONS/VEHICLES (ACORO 101, Addltlonnl Ramarka Schedule, may ae attachad It mor® apacele required)M� Projects as on file with the insured. City of Costa Mesa, its elected & appointed boards, officers, agents and employees are named as additional insureds and primary/non-contributory clause applies to the general liability polioy-see attached endorsement. The non -owned and hired auto Ilablllty limit Is subject to the general liability per occurrence limit. City of Costa Mesa Attn: Sylvia Kennerson 77 Fair Ur, Costa Mesa CA 92626 ACORD 25 (201001) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHONVED REPRESENTATIVE Michael Christian 0 1488.2014 ACORD CORPORATION. All r)phi The ACORD name and logo are registered marks of ACORD 26958550 1 V-16 GL—nnOA-wC—NL I Sh'w'eY Yoon9 1 10116/2015 2203191 Fe, (PDT) I Page L of 3 Insured: Lilley Planning Group, Inc. Policy No,: 6803G668300 COMMERCIAL GENERAL LIABILITY Effective Date: 9/19/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring Insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury" "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; 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 contractor agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically Is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does riot increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The fallowing is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this 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 "properly 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". 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 insured when the insured is 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or CG D3 81 09 07 O 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 26953M 1 15-16 GL-HNOAmWC-PL I Shorty Yoking 1 10/16/2015 2,03,91 Ni (PDT) I Page 2 of. 3 organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization 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 a person or organization 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 81 08 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2699Flb5tl 15-16 UL-NNQA-WC—PL I Shacry X011119 11011612015 2203951 M (PM) I Fag® 3 0E 3 EXHIBIT C FEE SCHEDULE 14 6. Fee/Price Proposal: Classification/Title and Hourly Rate: The Lilley Planning Group will perform consulting services based on the following breakdown of classification and title of hourly rates for key personnel. Our key personnel are primarily employees of the company. The hourly rate would not vary given contractor or employee status with the firm. See Exhibit C for Senior Planner & Associate Planner annual rate based on 40 hour/week. The hourly rates are as follows: Principal Planner $110.00 Senior Planner $90.00 Associate Planner $75.00 Assistant Planner $60.00 Planning Technician $40.00 7. Dis!�Iosure: The Lilley Planning Group has previously provided on-call planning services to the City of Costa Mesa. The Lilley Planning Group does not have any current business or personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. EXHIBIT D CERTIFICATES OF INSURANCE 15 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/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 B€LOW, THIS CERTIFICATE OF INSURANCE DOES, NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,. AND THE CERTIFICATE HOLDER. IMiPORTANTi If the certificate holder Is an ADDITIONAL- INSURED the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the polley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsemer s). _ PRODUCER Risk ___ 5tr2.tecJles Company NAUP Risk Strataolos Oolnpark 2040 Main Street, Suite 450 _ j AX Irvine, GA 92614 "Ne. EXU _ 9492a2=924D .. LS�C�1 __ _ -malls__.,..,...._.r,;.,�.....................M www. rl sl< -strategic s. cont INDUCED Lilley Planningg Group, Inc. 564 S. Brea Blvd. Brea CA 92829 CA DOI License No. OF06675 nnVITAL& :P+t CERTIFICATE NUMBER- aaoRanRn 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. __ _-�--ABaL SUER— ------____._ POiICY EFF ICVEXP !UTR_YP SURA M LIMITS LTR TYPE OFINSURANCE POLICY NUMBER MMrDD YY D/YYYV A V COMMERCIAL GENERAL LIABILITY V 68030668800 9/19/2015 9/19/2016 EACH OCCURRENCE $ $2000,000 r oRENLYEGaocavr'— _.— OOD CLAIMSMARE 1 ✓,OCCUR PREMI�SE$(Ea ocourrolicpI 9 -$1600 _MED EXP(Anyono.Pereon)_ $ $10000 PERSONAL & ADV INJURY $ $2,600,000 GEN L AGGRIvCATE LIMIT APPLIES PER. GENERAL AGGREGATE $ $4,000,000 POLICY 1 r ✓ ] PR O- _.�� LOC PRODUCT6 COMP/Op AGG $ $4,000,000 OTHER; A AuromoBlLE UABIurv- 6803GO68300 9/19120159/9/201�aood SINGLE LIMIT cgrL ANY AUTO BODILY INJURY (Per parson) II .._._ ALL OWNED GoT`UULED ALTOS Au��OSNON-OWNEU HOUILY INJURY (Pe, accident)$ - -- —�- _. PROPERTY DAMAGE ✓ HIRED AUTOS ✓ AUTOS IIMBRELLA LIAR (OCCUR EACII OCCURRENCE -_ EXCESS LIAR _- j_CLAIMS MADE I AGGREGATL $ DED I RETFNIION$ I $ FJ WORKERS E4GBuoryp IU84372T113 1/1/2016 Y��N/A ------ ANYCER/MEETORlEXCLUDE/LXECUTIVC PRO L FACFIAC ACCIDENT EACH OD $ $1060009 yRIIMpe OFFICER/MEMBER n Nei M 11/172015 E L EE FAFM YEC - -- S $1 000,000 [A. desm bo under DL'-SCRIPTIONOFOPERAT'IONSbelow E. L. DISEASE. POLICY LIMIT 5 $1;000,006 C- _ Professional. Liability -- MCH591894202 10119/2015 10/19/2016 Par Claim: $2,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS] LOCATIONS] VEHICLES (ACORP 191, Additional Remarks Schedule, may be attached If mare spec¢ Is roqulred) _ PI CJ)acts as on file with the insured. City of Costa Mesa, Its elected & appointed boards, officers, agents and employees are named as addltlonal insureds and primary/non-ocntributory clause applies to the general liability policy -see attached endorsement. The non -owned and hired auto liability limit is subject to the general Ilabitlty per occurrence limit. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Costa Mesa THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attm Sylvia Kennerson ACCORDANCE WITH THE POLICY PROVISIONS. 77 Fair Dr, Costa Mesa CA 92628 AUTHORIZED REPRESENTATIVE .✓, Michael Christian CO 1999.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 269Do8511 I IJ -1c a111.0A-14c-PL I secrxr tunny 110/I6/4e➢s I,aI.'I ve (PPT) I r'eryn 1 of 3 Insured: Lilley Planning Group, Inc, Policy No.: 68030608300 Effective Bate: 9/1912015 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section Ii Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by Your acts or omissions or the arts or omissions of those acting on your behalf a. In the performance of your ongoing operations; 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 on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring 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 111) for this Coverage Part, B. The following is added to Paragraph a, of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this 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", 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 insured when the insured is 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury," arising out of "your work performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or CG D3 81 99 07 O 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. L695i1fi50 U-16 N,-ONDA-WC-,PL 161,oxxy Yoang 1 10/1572015 2:01451 PM (PDT) 1 Page 2 or 3 organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "properly 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 a person or organization 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 03 81 09 07 4 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.., with its permission. 2ea5ao5o 1 J5-16 GL-1111OL-WC-PL I ShUrl:y Yn0➢q 1 10/16/2015 2,,03<51 JIM 1PU1') I Pap 3 of 3 EXHIBIT E CITY COUNCIL POLICY 100-5 16 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 distribution, dispensing, possession, or use of a controlled Contractor's and/or sub -grantee's workplace, specifically included in this contract, and specifying the actions that employees for violation of such prohibition; 17 unlawful manufacture, substance is prohibited in the job site or location will be taken against the 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; 18 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. 19 ATTACHMENT 2 CITY OF COSTA �MESA, CALIFORNIA ie UiSi#iQp Vendor ID: (Leave Blank for Time Stamp) Purchase Order NumberPurchase (Assigned by Purchasing) Business Unit: CITY Date Requisitioned: 12/01/15 Department: Development Sys Division: Planning Ship To Address: 77 Fair Dr., 2rd Floor, Costa Mesa, CA Contact Person: Silvia Kennerson Phone Number: x5023 Send Copy of P.O. to: ® Contact Person and 1 or El Request is for Budgeted item(s) ❑ Request is for UNBUDGETED item(s)-(,14e,no ,4ttaehed) ❑ Item(s) Pending Budget Amendment Request # ❑ Requesting Sole Source (Justification Fornv Alfached) ❑ Fixed Asset Tag Request Item No Qty Unit Items (Give Full Description: Size, Catalog No. Etc.) Unit Price Estimated Amount 1 1 Initial PSA with Lilley Planning Gmup and the City of Costa Mesa $ 93,000.00 7 Months,.Starting December 2015 Ending June 30, 2016 with Two One Year Options to Renew If additional lines tare needed, please attach a .second sheet Const./Prof. Svs. Agmt. Completion Date: 06/30116 Insurance Required: ® Yes Certi/icate attacher!) ❑ No Sales Tax (8.00%): Include Shipping Fee: Estimated Total Cost: $ 93,000.00 Item # Account Fund Dept./Org. Program Project Amount 1 530201 101 18200 20320 $ 93,000.00 Cranrnrc rrr.ti: Total$ 93,000.00 Ray Pascua's Email Address: ray@liileyplanning.com Proper approvals are required before requisition can be processed. Suggested Vendor: Lilley Planning Group Address: 564 S. Brea Blvd. Ordered By: Department Director/Authorized Signature City, State, Zip Code: Brea, CA 92821 Phone: 714-672-9906 Fax: None Vendor's Contact Person: Rav Pascua Approved By: Director of Finance/Purchasing Officer Approved By: ('Ah, 6Aana (-h- —A—H) PURCHASING DIVISION USE ONLY Vendor ID: Buyer: Insurance valid thru Ship Te/Location: Due Date: Standard Comments: ACC - ALL - ARR - BLA - CON - DCP - DIS - FCA - FCI - FIX - INS - IS - IST - ORG -QTR - REM - SUB - T&C FINANCE DEPARTMENT USE ONLY Available Appropriation: ❑ Yes ❑No As of: Confirmed By: 2385-20 VW REV.3/10 Cl T Y COUNCIL A GENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: CC -5 SUBJECT: HARBOR BOULEVARD IMPROVEMENTS FROM SOUTH COAST DRIVE TO SUNFLOWER AVENUE, CITY PROJECT NO. 14-07 - CHANGE ORDER NO. 3 DATE: NOVEMBER 19, 2015 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER, (714) 754-5335 RECOMMENDATION: 1. Approve Contract Change Order (CCO) No. 3 (Attachment No. 1) in the amount of $80,812.65 2. Approve Budget Adjustment Authorization No. 16-008 (Attachment 2) in the amount of $30,000.00 3. Authorize the Chief Executive Officer to execute the Contract Change Order BACKGROUND: The Harbor Boulevard Improvements Project consists of adding a fourth northbound travel lane from north of South Coast Drive to Sunflower Avenue. In addition, the project includes traffic signal modifications to intersections of Harbor/Sunflower and Harbor/Law Court. The project will meet the recommended roadway widths/geometrics as specified in the Harbor Boulevard Smart Street Study as well as the Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways (MPAH). On June 17, 2014, the City Council awarded a construction contract to All American Asphalt, P.O. Box 2229, 400 E. Sixth Street, Corona, California 92878, in the amount of $769,769 for the construction of Harbor Boulevard Improvements. ANAI YSIS- To date, the contractor has completed the construction of new curb & gutter, sidewalk, driveways and traffic signals. The street lights have been relocated to their ultimate location. During construction, the roadway grades had to be revised to match the existing field conditions. Change Order No. 1 (Attachment No. 3), in the amount of $3,510.99, was issued to the contractor to cover the cost of this additional work Change Order No. 2 (Attachment No. 4), in the amount of $49,850, addressed utility conflicts encountered during the widening of the roadway and the construction of the traffic signal foundations. Pursuant to Council Policy No. 700-1, the Chief Executive Officer (CEO) approval is required for contract change orders up to $50,000, or 5% of the original contract price, whichever is greater. Therefore, Change Order No. 2 is being processed for CEO's approval. City Council Policy No. 1 700-1 also restricts the total Change Orders approved by the CEO to 10% of the original contract amount. Due to changes requested by Southern California Edison (SCE) to the scope of the work for the electrical conduits for street lighting, the contractor is submitting a claim for the following extra work to be performed in the amount of $55,812.65: • Removal of electrical facilities servicing the existing street lights • Construction of new street lighting conduit in lieu of utilizing the existing system • Revisions to the point of connection to SCE facilities In addition, in the immediate vicinity of the Harbor Boulevard Widening project, City staff has been monitoring a section of South Coast Drive, east of Harbor Boulevard, which has experienced settlement due to underground water migration and unstable subgrade soils. Within the past three months, this condition has led to major settlements within the roadway. In order to provide a safe travel lane, a portion of South Coast Drive, east of Harbor Boulevard must be milled and repaved with new asphalt. Since All American Asphalt is working in the immediate vicinity, staff successfully negotiated to have the extra work performed by All American Asphalt at the existing competitive contract unit prices. A price comparison with other contractors indicate that this will result in the work being performed more cost effectively than if we were to issue a separate contract. The additional cost to repair the roadway settlement along South Coast Drive is estimated at $25,000. The total additional cost, excluding Change Order Nos. 1 and 2, adds up to a total of $80,812.65 or 10.5% of the original contract. Therefore, approval of Change Order No. 3 (Attachment 1) by the City Council is being requested in accordance with Council Policy No. 700-1. If approved, the total for Change Orders Nos. 1, 2 and 3 will increase the original contract amount to $903,942.64 or 17.4% of the original contract price. ALTERNATIVES CONSIDERED: No alternatives are being considered for this item. FISCAL REVIEW: Funding for the Harbor Boulevard widening project is available from the OCTA Measure M2 grant, Air Quality Management District (AQMD) funds and Traffic Impact Fees. The attached budget adjustment (BA No. 16-008) appropriates $30,000.00 from Traffic Impact Fee Funds towards the requested contract change order. Funding for the emergency repairs to the roadway on South Coast Drive, east of Harbor Boulevard is available from Gas Tax Funds. The balance of this contract change order will be covered with appropriated grant funds. LEGAL REVIEW: There is no legal review required for this item. CONCLUSION: Unforeseen conditions during the construction of the Harbor Boulevard Improvements project resulted in extra work beyond the original contract scope of work. In addition, an emergency pavement repair is required on South Coast Drive east of Harbor Boulevard, near the IKEA store to prevent a potential sink hole within the roadway. 2 To date, per City Council Policy No. 700-1, the Public Services Director has approved Change Order No. 1 in the amount of $3,510.99 and Change Order No. 2, in the amount of $49,850 is being processed for CEO's approval. However, additional funding for unanticipated extra work for this contract is required to complete this project. Therefore, staff is recommending that the City Council approve Change Order No. 3 in the amount of $80,812.65; Budget Adjustment Authorization No. 16-008 for $30,000.00, and authorize the Chief Executive Officer to execute the contract change order. ERNESTO MUNOZ Public Services Director FARIBA FAZELI City Engineer ATTACHMENTS: 1. Change Order No. 3 - $ 80,812.65 2. BA No. 16-008 for $30,000.00 3. Change Order No. 1 - $ 3,510.99 4. Change Order No. 2 - $ 49,850.00 DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Staff File 3 CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT CONTRACT CHANGE ORDER NO. 3 SUPPL NO. ATTACHMENT 1 REV. PROJECT Harbor Boulevard Improvements from South Coast Drive to Sunflower Avenue SHEET 1 OF—1 FEDERAL NO.(S) CITY SPECIFICATION NO. 14-07 To ALL AMERICAN ASPHALT Contractor You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: This change order is not effective until approved in accordance with Council Policy No. 700-1 Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change Requested by: CONTRACTOR The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Proposal. DESCRIPTION OF EXTRA WORK: Item A — Revise the scope of work for the construction of Southern California Edison facilities to include removal of the existing street lighting system, the construction of new electrical conduit in lieu of utilizing the existing system, and to revise the point of connection for $55,812.65. Item B — Repair a section of South Coast Drive, east of Harbor Boulevard by milling the existing roadway and paving a new surface, for the estimated cost of $25,000.00. The negotiated price for the above includes all mark-ups allowed by the contract documents. This change order was submitted to the City Council for approval in conformance with Council Policy 700 at the December 1, 2015 council meeting. COST INCREASE/DECREASE $ 80,812.65 By reason of this order the time of completion will be adjusted as follows: None Prepared by: Date: Submitted by: Date: Approval Recommended: Date: Approved: Date: We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date Contractor By Title If the Contractor did not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. N X j Lu LU V �rn W ATTACHMENT 47 N � L L Q � � � C � C k tlf I a I t] Lit � G LL a= ❑ M 0CL C6 f!7 ll7 N G V 1--. O N � � d � � 4 maV E z c � co 9 p� b V) w�� G. Lm N N O y � 0CL 01 (D [i .-W w w❑ c E G2't3p 0 2 ai w � C C VS I^ �" M ❑ z C CLU r N '7 ❑ N � r n � p, a P d Q R U lC [B ❑ ❑ ❑ r`9 v m n o_ OL am ca r i j ❑ ❑ ❑ ® ❑ Q N N U •y L •gip � U (PC V OL m 0. a 2 aCL d C o a' ¢ N Li OD m LL U CilN m p�j 11 Q`a a m a E clm 0. 41 N 'X d a w o tY ZD m(n m E F= E N N W w LL. LL 7 LL. D El 0 CL E ATTACHMENT 47 N � � C k I I a I I U G ❑ iij f!7 ll7 N N � � 4 a sz N a z z r ❑ ❑ ❑ r`9 v r a o o Q`a a m a a1 ® N 2:1 N E _ ❑ ❑ z O ❑ aN c5 c3 N cl o 0M I I CL m o m N o 02 ¢ a v a O cyu C; ¢ U O d N 40 O 0 N C7 " M a m 21 o 'G C1 0 a 11 O LL m m U7 m CD Lu R ti i2 0 m m 0 ❑� N 3 Q1 R 7 ° V 's � C lC ❑ jm D T . CN Qom] N _❑ w to _ m O •i. li3 4 a � o p m N Q CD L17 V CL ❑ P i i, CL ❑ C CL d > 7 C }} }} 0 0� h U U R C cm p a N 'p A m ]- cu ATTACHMENT 3 CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPL NO. REV. PROJECT Harbor Boulevard Improvements from South Coast Drive to Sunflower Avenue SHEET 1 OF 1 FEDERAL NO.(S) CITY SPECIFICATION NO 14-07 To ALL AMERICAN ASPHALT Contractor You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: This change order is not effective until approved in accordance with Council Policy No. 700-1 Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change Requested by: CONTRACTOR The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Proposal. DESCRIPTION OF EXTRA WORK: Revise the line and grade of the easterly curb and gutter to reflect actual field conditions. In addition, revise the asphalt mix to Asphalt Rubber Hot Mix and add a Kevlar additive to the base course of the roadway section. The change order reflects revisions in work based on both contract unit prices and negotiated prices for the above, which includes all mark-ups allowed by the contract documents. COST INCREASE/DECREASE $ 3,510.99 By reason of this order the time of completion will be adjusted as follows: None Prepared by: Date: Submitted by: Date: Approval Recommended: Date: Approved: Date: We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date Contractor By Title If the Contractor did not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. ATTACHMENT 4 CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT CONTRACT CHANGE ORDER NO. 2 SUPPL NO. REV. PROJECT Harbor Boulevard Improvements from South Coast Drive to Sunflower Avenue SHEET 1 OF—1 FEDERAL NO.(S) CITY SPECIFICATION NO 14-07 To ALL AMERICAN ASPHALT Contractor You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: This change order is not effective until approved in accordance with Council Policy No. 700-1 Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change Requested by: CONTRACTOR The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Proposal. DESCRIPTION OF EXTRA WORK: During the construction of the traffic signal modifications at the intersection of Harbor Boulevard and Sunflower Avenue, and at the intersection of Harbor Boulevard and Law Court; and the new curb and gutter on the east side of Harbor Boulevard, the contractor encountered unforeseen utilities that needed to be modified to accommodate the new construction. The negotiated price for the above includes all mark-ups allowed by the contract documents. COST INCREASE/DECREASE $ 49,850.00 By reason of this order the time of completion will be adjusted as follows: None Prepared by: Date: Submitted by: Date: Approval Recommended: Date: Approved: Date: We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date Contractor By Title If the Contractor did not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. Cl T Y COUNCIL A GENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: CC -6 SUBJECT: A RESOLUTION APPROVING A REVISED EFFECTIVE DATE TO THE WASTE DISPOSAL AGREEMENT AMENDMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF COSTA MESA DATE: NOVEMBER 19, 2015 FROM: PUBLIC SERVICES DEPARTMENT/ADMINISTRATION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: MIKE KOZIEL, MANAGEMENT ANALYST, (714) 754-5024 RECOMMENDATION: Adopt Resolution No. 15-_ revising the effective date of the Waste Disposal Agreement (WDA) Amendment (Attachment 1) between the County of Orange and the City to allow for the continued importation of waste at the County's three (3) landfills and to extend the terms of the WDA through June 30, 2025. BACKGROUND: The Costa Mesa City Council approved the Amendment to the Waste Disposal Agreement with the County of Orange on June 2, 2015 (Attachment 2). The Amendment would only have become effective with the approval of all City WDA holders, and to date all City WDA holders have approved the Amendment, except for the City of Irvine. The Board of Supervisors has authorized an extension through December 31, 2015 to allow the City of Irvine additional time to address concerns or questions. Each city in the County must now approve of the extension. The proposed amendment to the Waste Disposal Agreement (WDA Amendment) was negotiated by a committee of City Managers representing Orange County cities and the County to address the reduction in revenues and to ensure rate stabilization for local residents and businesses. The committee of City Managers reports that outstanding issues have been resolved, and it is likely that the WDA Amendment will receive the required unanimous approval. ANALYSIS: In June 2, 2015, the City Council approved the WDA Amendment with the County to provide for continuation of waste importation at the County's three landfills and to extend the terms of the WDA through June 30, 2025. The WDA Amendment established an effective date of September 30, 2015. Unfortunately by the original expiration date of September 30th, not all the cities were able to approve the WDA Amendment. However, as the outstanding issues have been resolved, the County is requesting that all the cities approve an updated amendment. This updated amendment requires approval by all 34 cities. The revision to the WDA Amendment updates the effective date from September 30, 2015 to December 31, 2015. All other terms and conditions that were in the WDA Amendment approved June 2, 2015 remain in full force and effect. ALTERNATIVES CONSIDERED: The alternative to this Council action would be to reject the extension, resulting in a potential loss of revenues to the City listed as per Appendix 5 of the Amendment to the WDA noted in the June 2, 2015 Council Report, and per terms detailed in the Amendment. If the agreement to provide the extension is rejected, it would also potentially show a lack of interest in maintaining cooperation in a long-term partnership between the County of Orange and Costa Mesa and other Orange County cities resolving to adopt the amendment. FISCAL REVIEW: There is no fiscal impact to the City's General Fund in FY15-16 relative to the amended WDA. LEGAL REVIEW: The City Attorney has reviewed the Agreement to Extend the Deadline for all cities in the County to approve the Waste Disposal Agreement with the County of Orange, Resolution 15-_, and has been approved as to form. CONCLUSION: Therefore staff recommends that the City Council approve a revision to the effective date to the WDA Amendment as requested to allow additional time for the County to secure all city approvals. ERNESTO MUNOZ Public Services Director MIKE KOZIEL Management Analyst ATTACHMENTS: 1 - Resolution No. 15- 2 - City Council Report of June 2, 2015 and the Amendment to the WDA DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Interim Finance Director City Attorney City Clerk Staff File ATTACHMENT 1 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN EXTENSION OF TIME TO ENABLE ALL CITIES IN THE COUNTY TO APPROVE AN AMENDMENT OF THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, all Cities within the County were given a deadline of September 30, 2015 to approve the proposed Amendment to the Waste Disposal Agreement (WDA) between the County of Orange and each city in the County; and WHEREAS, all cities in the County approved of the Amendment to the Waste Disposal Agreement except for the City of Irvine, WHEREAS, the County Board of Supervisors has authorized an extension of time through December 31, 2015 in order to address concerns or questions and provide the opportunity to obtain the unanimous approval required, WHEREAS, each City Council in the County is required to authorize the extension of time in order to enable the matter to go before the County Board of Supervisors. WHEREAS, the City Council desires to ensure that solid waste generated within the City can be disposed of in an environmentally safe manner and at a reasonable cost for the near future; and WHEREAS, the proposed Amendment approved by the Costa Mesa City Council on June 2, 2015 will further these goals by, among other things, ensuring that solid waste generated within the City can be disposed of at County landfills through June 30, 2025; that the landfills will be operated in an environmentally safe and reliable manner; and that the cost of disposing of solid waste at County landfills will be reasonable. NOW, THEREFORE, the City Council of the City of Costa Mesa resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The City Council hereby finds and determines that the proposed Extension of Time to Enable All Cities in the County to Approve an Amendment of the 2009 Waste Disposal Agreement with the County of Orange ("the Amendment") furthers the public health, safety and welfare. Section 3. The City Council hereby finds and determines that the terms and provisions of the Agreement to Extend the Time to Approve the Amendment, in the form as 11 submitted by the CEO, are approved and that the Mayor is authorized to execute, and the City Clerk to attest, the Agreement on behalf of the City. Section 4. The officers and employees of the City are authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and to administer the City's obligations, responsibilities and duties to be performed. PASSED AND ADOPTED this 1St day of December, 2015. Stephen M. Mensinger, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that 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 1 It day of December 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 1St day of December, 2015. Brenda Green, City Clerk Reso. No ....i aN„ # 2 ATTACHMENT 2 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 2, 2015 ITEM NUMBER: CC -17 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OFORANGE DATE: MAY 20, 2015 FROM: PUBLIC SERVICES DEPARTMENTIADMINISTRATION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: MIKE KOZIEL, MANAGEMENT ANALYST, (714) 754- 5024 1. Adopt Resolution No. 15-15 (Attachment 1) amending the Waste Disposal Agreement (WDA) between the County of Orange and the City of Costa Mesa to allow for the continued importation of waste at the County's three (3) landfills and to extend the terms of the WDA through June 30, 2025. 2. Authorize the Mayor and the City Clerk to sign and execute the agreement. BACKGROUND: The disposal of solid waste at Orange County landfills is governed by a 2009 Waste Disposal Agreement in which cities in the County (including the City of Costa Mesa) agreed to deposit their solid waste at the County's three (3) landfill facilities in return for low, stable disposal rates. The term of the current WDA began on July 1, 2010 and runs through June 30, 2020, with importation of waste from outside the County at County landfills set to expire on June 30, 2016. The WDA is a great example of the County and cities working in collaboration and strategically leveraging a -countywide asset. The solid waste revenues are utilized by the County: to maintain the landfill system; to preserve funds for landfill closure costs; to address post -closure maintenance; and to mitigate long- term risk and environmental liabilities. The cities benefit from additional services provided by the County. These services include permanent household hazardous waste collection facilities; green waste acceptance at no charge to cities to assist in compliance with state recycling mandates; and support of city programs to meet state diversion requirements. ANALYSIS: With the success of waste diversion and recycling in recent years combined with slow recovery from the Great Recession, the resulting effect has caused in -County waste generation to dramatically decrease which in tum has created a reduction in revenues. A committee of City Managers representing Orange County cities participated with the County in preparing a framework to address the reduction in revenues and to ensure rate stabilization for local residents and businesses. The proposed Amendment (Attachment 2) to the WDA sets forth the continuation of future importation to offset the revenue reduction and establishes a fair -share allocation of net importation revenues to cities. An in-depth review of County resources concluded the amount of imported waste combined with in -County waste will remain below total disposal tonnage projections contemplated in the current WDA. The proposed 5 -year extension of the WDA to 2025 will provide additional stability to the system in light of more stringent legislative and regulatory requirements such as AB 1826, AB 1594, and the 75% recycling target of AB 341. (� ALTERNATIVES CONSIDERED: The alternative to this Council action would be to reject the amendment, resulting in a potential loss of the revenues to the City listed as per Appendix 5 of the Amendment to the WDA and per fhe terms detailed in the Amendment. If the agreement was rejected, it would also potentially show a lack of interest in maintaining cooperation in a long-term partnership between the County of Orange and the City of Costa Mesa and other Orange County cities resolving to adopt the amendment. FISCAL REVIEW: There is no fiscal impact to the City's, General Fund in FY14-1 5 relative to this agreement. As detailed in the attached Amendment to. the Waste Disposal Agreement, pursuant to section 3.6, the participating city allocation includes an Initial Payment of $117,936 per the allocation percentage of 2.18% of the total. The City would also receive a share of future revenues from FY 2018-19 to FY 2024-25 based on the percentage of actual tonnage of waste received at County landfills in those years. LEGAL REVIEW: The City Attorney's office has reviewed the attached Amendment to the Waste Disposal Agreement and has approved it as to form. CONCLUSION: In order to provide stable rates for residents and businesses, continue service levels, ensure long-term capacity, maintain long-term partnerships between the City and the County, and share net importation revenues with cities, staff recommends that the City Council adopt Resolution No. 15-15 amending the Waste Disposal Agreement (WDA) with the County of Orange; and authorize the Mayor and the City Clerk to sign and execute the agreement. Upon approval by the Orange County cities, the proposed Amendment to the WDA will be considered by the Board of Supervisors at their earliest available meeting. ERNESTOAPNOZ MIKE KOZIEL Public i s Director Interim Management Analyst STEPHEN DUNIVENT Interim Finance Director ATTACHMENTS: 1. Resolution No. 15-15 2. Amendment to WDA DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Division Staff File I ATTACHMENT 2 AMENDMENT TO WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA and the CITY OF COSTA MESA Dated June 2. 2015 County Amendment Authorization Date: 92015 County Notice Address: Director OC Waste and Recycling 300 N. Flower, Suite 400 Santa Ana, CA 92703 2015 Amendment to Waste Disposal Agreement City Amendment Authorization Date: �, 2015 City Notice Address City of Costa Mesa 77 Fair Drive Post Office Box 1200 Costa Mesa CA 92628-1200 5) AMENDMENT TO WASTE DISPOSAL AGREEMENT THIS AMENDNI NT TO WASTE DISPOSAL AGREEMENT (the "Amendment") is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City designated on the cover page of this Amendment, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act"). The County has entered into waste disposal agreements in 2009 (the "Original Waste Disposal Agreements") with all of the cities in the County, including the City, as well as certain sanitary districts located in the County (the "Participating Cities"), pursuant to which the County agreed to provide disposal capacity for waste generated in or under the control of the Participating Cities, and the Participating Cities agreed to deliver or cause the delivery of waste generated in or under the control of the Participating Cities to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original Waste Disposal Agreements. The City has determined that the execution of this Amendment by the City is in the best interest of the City and will serve the public health, safety and welfare by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and sound environmental management. The County has determined that the execution by the County of this Amendment will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. Official action approving this Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: 2015 Amendment to Waste Disposal Agreement 1@1 Section 1. Amendment to Original Waste Disposal Agreement. (a) Sections 3.6(C) and 3.6(E) of the Original Waste Disposal Agreement are deleted and replaced in their entirety, as set forth below: "(C) Receipt of Imported Acceptable Waste on a Contract Basis. Throughout the Term hereof, the County shall have the right to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreementfor the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Tema thereof. " "(E) Application and Use of Revenues From Other Users. (1) Throughout the term hereof, all revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System (including amounts received by the County as a result of the failure of contract counterparties to deliver minimum required amounts of Imported Acceptable Waste) , shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the Disposal System. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. Net Import Revenues shall be used for the payment of bankruptcy related obligations until payment in full of such bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to the Plan of Adjustment. It is estimated that payment in full of such bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to the Plan of Adjustment will occur by the end of Fiscal Year 2017-18. (2) Until the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full, Net Import Revenues shall be calculated as provided in Section (3.6)(13)(1). For any period after the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full, Net Import Revenues shall be calculated as follows: (i) in Fiscal Year 2017-18, Net Import Revenues for each ton of imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported Acceptable Waste (excluding any newly established per -ton fees or increases. to existing per - ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess of $17.57 per ton; (ii) in Fiscal Year 2018-19, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported 2015 Amendment to Waste Disposal Agreement Acceptable Waste (excluding any newly established per -ton fees or increases to existing per - ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess of $18.01 per ton; (iii) in Fiscal Year 2019-20, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per - ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess in excess of $18.46 per ton; and (iv) thereafter, Net Import Revenues shall be equal to 30% of the revenues received by the County from the disposal of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located). (3) After the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full (i) 50% of any Net Import Revenues (as calculated pursuant to Section 3.6(E)(2)) shall be paid to the County General Fund; and (ii) 50% of such Net Import Revenues shall be paid to the Participating Cities (and to the County, with respect to the unincorporated area) listed in Appendix 5 for use for any purpose by the Participating City, including but not limited to state mandated solid waste programs. Payments of such amounts to the County General Fund and the Participating Cities shall be made by the County within 90 days after the end of each fiscal year. The portion of Net Import Revenues specified above payable to the Participating Cities shall be apportioned in the percentages set forth in Appendix 5. (4) The percentages set forth in Appendix 5 with respect to each Participating City will be adjusted at the end of Fiscal Year 2019-20 to reflect the percentage of actual deliveries of Acceptable Waste from each Participating City as compared to the total amount of actual deliveries from all of the Participating Cities during Fiscal Years 2017-18,2018-19, and 2019- 20. The County shall notify each Participating City of the revised percentages in Appendix 5 within 120 days after the end of Fiscal Year 2019-20. The revised percentages will be used for the allocation of Net Import Revenues generated during Fiscal Year 2020-21 and thereafter. (b) Section 4.2(A)(z) is added to the Original Waste Disposal Agreement (immediately following Section 4.2(A)(y)) as follows: "(z) decrease the amount of Net Import Revenues otherwise payable to the County General Fund and the Participating Cities pursuant to Section 3.6(E)(2) and Section 3.6(E)(3) and use the amount of such decrease to pay costs of the Disposal System." (c) Section 6.1(A) and Section 6.1(B) of the Original Waste Disposal Agreement are deleted and replaced in their entirety with the following: 2015 Amendment to Waste Disposal Agreement "SECTION 6.1 EFFECTIVE DATE AND TERM. (A) Initial Term. This Agreement shall continue in full force and effect until June 30, 2025, unless earlier terminated in accordance with its terns, in which event the Term shall be deemed to have expired as of the date of such termination. (B) O tp ion to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2023, for an additional term of ten years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2022. If the parties do not renew this Agreement by June 30, 2023, the Agreement shall expire on June 30, 2025." (c) The first sentence of Section 6.1(C) of the Original Waste Disposal Agreement is deleted in its entirety and replaced with the following: "In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2023, negotiate an applicable change in the Contract Rate for such renewal term." (d) Appendix 2 of the Original Waste Disposal Agreement is deleted in its entirety and replaced with the form attached hereto. (e) Appendix 5 shall be added to the Original Waste Disposal Agreement as a new appendix, in the form attached hereto. (f) All other terms and conditions of the Original Waste Disposal Agreement shall remain in full force and effect. : Section 2. Initial Payment. As consideration for the execution of this Amendment by all of the Participating Cities, and subject to the occurrence of the Amendment Effective Date pursuant to Section 3, the County agrees to pay, from the County OC Waste & Recycling Enterprise Fund, the Amendment Payment to the Participating Cities listed in Appendix 5. The aggregate Amendment Payment shall be $5,400,000, and shall be distributed to the individual Participating Cities (including the City) in the percentages set forth in Appendix 5 by September 30, 2016. Section 3. Effectiveness of Amendment. The provisions of this Amendment shall not become effective unless and until the Amendment has been executed by the County and all of the Participating Cities. The date on which all of the Participating Cities have executed the Amendment shall be the "Amendment Effective Date." The County shall give written notice of the Amendment Effective Date to the City. In the event that the Amendment Effective Date does not occur by June 30, 2015, this Amendment shall be automatically terminated and the County shall have no obligation to make the Amendment Payment; provided, however that the County Board of Supervisors may extend such automatic termination date to a date no later than September 30, 2015. 2015 Amendment to Waste Disposal Agreement Section 4. REPRESENTATIONS AND WARRANTIES OF THE PARTIES. Each of the parties to this Amendment represent and warrant that it is a political subdivision of the State of California validly existing under the Constitution and laws of the State and (ii) it has duly authorized the execution and delivery of this Amendment, and has duly executed and delivered the Amendment. All other terms and conditions of the 2009 Original Waste Disposal Agreement not specifically changed by this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF,. COUNTY and CITY have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written. COUN'T'Y OF ORANGE Date By DIRECTOR, WASTE & RECYCLING Date 10 f6 BY EN M. MENSINGER MAYOPI CITY OF COSTA MESA Date _l By �`- BRENDA GREEN CITY CLERK CITY OSTA MESA Date By AIPMOVED TO F9RM THOMAS DUARTE CITY ATTORNEY CITY OF COSTA MESA APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By Date,- 201,5 ate 201, Amendment to Waste Disposal Agreement APPENDIX 2 County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(b) Fiscal Year FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 2015 Amendment to Waste Disposal Agreement Tonnage Cumulative 2,724,250 2,724,250 2,681,153 5,405,403 2,638,746 8,044,149 2,597,017 10,641,166 2,558,522 13,199,688 2,520,605 15,720,293 2,483,256 18,203,549 2,483,256 20,686,805 2,483,256 23,170,061 2,483,256 25,653,317 APPENDIX 5 PARTICIPATING CITY ALLOCATION PURSUANT TO SECTION 3.6 2015 Amendment to Waste Disposal Agreement Allocation Percentage for Allocation of C Purposes of Section 3.6 Initial Payment Anaheim 13.18% $711,509 Aliso Viejo 0.67 36,416 Buena Park 2.34 126,275 Brea 2.28 123,085 Costa Mesa 2.18 117,936 Costa Mesa Sanitary District 1.48 79,976 Cypress 2.56 138,115 Dana. Point 0.99 53,278 Fullerton 4.10 221,271 Fountain Valley 1.76 95,217 Garden Grove/ GG Sanitary District 7.17 387,197 Huntington Beach 6.13 330,807 Irvine 8.22 444,036 Laguna Beach 1.14 61,796 Laguna Hills 0.74 40,098 Laguna Niguel 1.36 73,341 Laguna Woods 0.41 22,274 La Habra 1.69 91,431 Lake Forest 2.45 132,214 La Palma 0.32 17,325 Los Alamitos 0.58 31,362 Mission Viejo 2.42 130,902 Newport Beach 3.68 198,946 Orange 4.90 264,468 Placentia 1.58 85,116 Rancho Santa Margarita 1.11 60,009 Santa Ana 10.60 572,184 San Clemente 1.40 75,728 San Juan Capistrano 1.23 66,420 Seal Beach 0.82 44,292 Stanton 1.62 87,287 Tustin 1.42 76,648 Villa Park 0.21 11,081 Westminster/Midway Sanitation District 2.13 114,893 Yorba Linda 1.78 96,344 County Unincorporated 3.35 180,723 Totals 100% $5,400,000 2015 Amendment to Waste Disposal Agreement Cl T Y COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: CC -7 SUBJECT: RECOMMENDED ACCEPTANCE AND ALLOCATION OF THE 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS DATE: November 10, 2015 FROM: POLICE DEPARTMENT PRESENTATION BY: GREG SCOTT, LIEUTENANT FOR FURTHER INFORMATION CONTACT: GREG SCOTT, LIEUTENANT - 714.754.5265 RECOMMENDATION: 1. Approve staff's recommendation to allocate 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) funds to the Police Department's operating budget. 2. Approve the attached budget adjustment (BA #16-007) to increase revenue and appropriations in the JAG fund, and allocate funds as follows: ■ Technology Improvement - South Coast Plaza Streaming Live Video to Responding Police Vehicles: $17,290 BACKGROUND: The City of Costa Mesa has participated in the JAG Program (formerly the Local Law Enforcement Block Grant, LLEBG) since 1996. The funds have enabled the Police Department to acquire needed equipment and technology. The County of Orange was awarded $332,859 for the 2015 JAG, which is to be allocated among Orange County agencies. Each agency's funding allocation is based on the level of Part One violent crimes reported to the FBI over a 3 -year period. Costa Mesa's 2015 JAG allocation is $18,999; however, the County retains a 9% administrative fee of $1,709 and the City's remaining allocation is $17,290. There are no City matching requirements for acceptance of this grant. ANALYSIS: Recommendations of proposed items should meet several criteria. First, any proposal or project considered should enhance crime reduction effort and improve public safety for the community. Second, each proposal is subject to the elements contained in one or more of the purpose areas outlined by the U.S. Department of Justice. Third, it is important that proposals address the concerns and requirements of the Police Department as well as projects that benefit the community at large. 1 Technology Improvement - South Coast Plaza Streaming Live Video to Responding Police Vehicles: The South Coast Plaza (SCP) retail district, located at 3333 Bristol Street and 3333 Bear Street, has been designated by the Department of Homeland Security (DHS) as a soft target, potentially vulnerable to terrorist -type activity. South Coast Plaza was rated by DHS as the #10 top target among 600 soft target locations in Orange County. Implementation of this project supports evaluation of a recently completed pilot project which presently enables streaming of live video, of activity at SCP, to police cars. That project was made operational on August 1, 2015 using 2013 JAG funds. 2015 JAG funds shall be utilized to continue operation of the initial project - to enable the evaluation of its practical usefulness and potential for development. The department's project objectives are as follows: (1) Support (fund) continued service of the live video streaming system, to 10 CMPD police vehicles, up to two additional years. (2) During this period, evaluate the system's practical benefits with regard to reducing response times and improving coordination of officers responding to critical or potential critical events at SCP. (3) During this period, evaluate the feasibility of further developing the system, e.g. augmenting the current system to include police officers' capability of streaming live video, from the SCP police substation, to police cars. ALTERNATIVES CONSIDERED: Not required on this item. FISCAL REVIEW: The attached budget adjustment BA #16-007 increases revenue and appropriations in the JAG/LLEBG fund in the amount of $17,290 for the support of the objectives described in the "Analysis" section of this document. There are no City matching requirements for acceptance of this grant. LEGAL REVIEW: Not required on this item. 1► CONCLUSION: Based upon the criteria outlined in the Edward Byrne Memorial Justice Assistance Grant, staff recommends that the 2015 JAG allocation of funds be used for the purpose presented. ROBERT SHARPNACK Chief of Police GREG SCOTT Lieutenant STEPHEN DUNIVENT Interim Finance Director DISTRIBUTION: 1. Finance Department 2. Lt. Greg Scott, Police Department ATTACHMENTS 1. Budget Adjustment #16-007 2. Agreement to Transfer Funds for 2015 Edwards Bvrne Memorial Justice Assistance (JAG) Proaram 2015 JAG GRANT ALLOCATION Date Time 3 BUDGET ADJUSTMENT AUTHORIZATION Unit CITY Department Police Division Support Services Serial Number 16-007 Type of Transaction Program Reason for Request: ® Revenue Estimate ® Expenditure Appropriation Decrease ® Estimate Increase ❑ Intra -Departmental Transfer To recognize and appropriate the 2015 Justice Assistance ❑ Estimate Decrease ❑ Inter -Departmental Transfer Grant (JAG), as approved by the City Council at the ® Source ❑ Project -To -Project Transfer December 1, 2015 meeting. ❑ From Existing Budget Appropriations ® Appropriation Increase CITY ® From Donations, Fees, or Grants ❑ Appropriation Decrease 219 ❑ From Unappropriated Fund Balance 70910 - Unit Account Name Fund Organization Program Project/Grant Increase Decrease CITY 430108 Local Law Enforcement Block Grant 219 15400 70910 - $17,290 - CITY 510300 Small Tools and Equipment 219 15400 70910 - $17,290 - 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 and/or unappropriated funds are sufficient to support the request. ® Yes ❑ No Budget Analyst the appropriations Date City Council Action: ® Approved ❑ Disapproved ❑ Not Required Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM DJ -BX -0226 THIS AGREEMENT is entered into this .21M day of se -p-mheK 2015, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City of Cysfz?, Kam, , a municipal corporation. WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of 10 (ten) units of local government, including SHERIFF and the cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, La Habra, Orange, Santa Ana and Westminster; hereafter referred to as "SUBGRANTEES". As required by the jurisdictional application, the SHERIFF has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance (hereinafter referred to as "JAG". WHEREAS, the purpose of the grant is to supplement the resources available to prevent and control crime within the County of Orange that are operated by individual agencies included in the above -referenced 10 units of local government, as set forth in Attachment A "Program Narrative", which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for grant purposes, which may include local initiatives, technical assistance, strategic planning, research & evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. CFDA 16.738 FY2015 JAG Program U.S. Department of Justice Page 1 of 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to 11 reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment �i B hereto ("How to Apply for JAG Grant Reimbursements"), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C ("JAG Program Allocation"), which is attached hereto and incorporated herein by reference. 2. SUBGRANTEE shall be reimbursed with said JAG funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto [hereinafter called "grant property and equipment"] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D ("Edward Byrne i Memorial Justice Assistance Grant Reporting Requirements"), attached hereto and incorporated herein by reference. 28 CFDA 16.738 FY2015 JAG Program U.S. Department of Justice Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E ("2015 Grant Award & Special Conditions") and incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. CFDA 16.738 FY2015 JAG Program U.S. Department of Justice Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. // H H H CFDA 16.738 FY2015 JAG Program U.S. Department of Justice Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California, DATED: 2015 l APPROVED AS TO FORM: COUNTY COUNSEL j L Deputy DATED: , 2015 ATTEST: Byi`� City Clerk I DATED: ]0 -42q �J , 2015 28 CFDA 16 738 FY2015 JAG Program U.S. Department of Justice COUNTY OF ORANGE, a political subdivision of a Sta f Ca .ifornia _,,�0 By 1 Sandra HutcheKs, Sheriff -Coroner Sheriff -Coroner Department "COUNTY" SUBGRANTEE BY Y Nam and Title 61 .res Mese City DATED: 161bq 17 2015 Page 5 of 5 Attachment A PROGRAM NARRATIVE General Description of Program Activities: 2015 -DJ -BX -0226 The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes ten units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the program/purpose areas outlined in the grant solicitation. The ten units of local government in the jurisdiction will utilize the funds for law enforcement, local initiatives, technical assistance, strategic planning, research and evaluation, data collection, personnel, equipment, forensic laboratories, supplies, contractual support and information systems for program areas. The JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime prevention programs, prosecution and court, corrections, drug treatment and enforcement and technology improvements. Page 1 of 22 Attachment A 2015 -DJ -BX -0226 The County of Orange–Sheriff-Coroner Department, Orange County Crime Laboratory proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law Enforcement PROJECT NARRATIVE Proposed program activities— The Orange County Crime Laboratory services over 30 law enforcement agencies and is the only full service forensic laboratory providing service to the County of Orange as a whole. The laboratory handles more than 30,000 cases per year, conducting over 225,000 exams. The laboratory is requesting ten latent print comparison expert workstations and a new laptop computer for breath alcohol operator training. The Latent Comparison Section conducted over 4,000 exams on over 1,350 cases in 2014. The latent print examiners spend their day sitting at workstations conducting meticulous and tedious evaluation of fingerprints. New sit -stand workstations are needed as the cumulative impact of prolonged sitting increases health risks. The risks range from physical ergonomically -related problems to metabolic, cardiovascular and cancer risks due to limited physical activity. Alternating between standing and sitting positions is a direct solution without losing productivity. Need for programs— The Forensic Alcohol unit oversees all evidential breath alcohol testing in the County, including all breath alcohol instrument operator training. The Crime Lab has trained more than 5,000 operators to date and in 2014 provided instrumentation for the evidential testing of over 7,000 subjects. The unit is requesting a new laptop computer to update the technology utilized in the operator training program. The technology currently is use is nearly ten years old. The Crime Lab provides services to all law enforcement and has stakeholders that include the DMV, OCDA, OCPD, private defense and the Orange County Coroner Division. The laboratory has partnered with universities, public health coalitions and task forces, Social Services and Community Programs and their partners. PRJECT GOALS 1. Improved workspace for the Latent Print Examiners can improve productivity and case throughput. 2. Improved technology for Breath Alcohol Operator Training assists with the training capabilities of the instructors. 3. More efficient case throughput enables more latent prints to be examined and used as investigative tools in criminal cases. Page 2 of 22 Attachment A 2015 -DJ -BX -0226 4. Betterment of training allows for more operators available to provide roadside testing in DUI investigations. 5. The Crime Lab services every law enforcement agency in the County, improving the lab ensures the best forensic service to the public and overall public safety services. PROJECT STRATEGIES The equipment will be utilized to conduct casework and training for all law enforcement agencies in Orange County including the District Attorney's Office, California Highway Patrol and the Orange County Sheriff -Coroner, Coroner Division. The project is equipment purchase to better enable and improve workspace and technology for two sections of the Orange County Crime Lab. PROJECT IDENTIFIERS Crime Laboratory, Equipment — Forensic, System Improvements and Impaired Driving BUDGET DETAIL AND NARRATIVE JAG funds will be utilized to purchase: The latent print examiner workstations, 10 total, are expected to cost $16,000. The laptop computer for breath alcohol operator training is expected to cost $2,000; total project budget of $18, 000. Anything in excess of this amount will be incurred by the County/Sheriff-Coroner Department. Total: $18,000 TIMELINE AND/OR PROJECT PLAN Once the funds are received and made available by the County Board of Supervisors' approval process, the equipment requested will be purchased. All purchases must go through the required County purchasing process and may be subject to competitive public bid. The difference in the cost of the project and the JAG funds, if received, will be offset with Orange County Crime Laboratory Division funds. All purchases will be completed in FY 15-16. FUNDING Total Allocation: $18,478 Administrative Fee (9%): $1,663 Funds Retained by City/County: $16,815 Page 3 of 22 Attachment A City: Anaheim—Anaheim Police Department (APD) 2015 -DJ -BX -0226 The City ofAnaheim proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs - Overtime PROJECT NARRATIVE Proposed program activities— The Anaheim Police Department (APD) is requesting to use JAG funds to support overtime expenses for sworn personnel in the following divisions: Operations, Operations Support, Investigations and Special Operations. Due to budget constraints, APD's overtime budget has been under -funded for a number of years. Need for programs— Although the police department has been actively recruiting and hiring new officers, staffing levels are still low. Therefore, utilizing overtime hours is necessary to provide adequate service levels. Overtime hours will be assigned to employees within the previously mentioned four divisions at the discretion ofAPD's command staff. PROJECT GOALS The goal for this project is to improve and enhance the community's safety, while working with a limited budget and reduced staffing levels. In order to accomplish this, overtime hours will be authorized at the discretion of the department's command staff. PROJECT STRATEGIES Overtime hours will be authorized for individual employees at the discretion of the command staff. A separate account code will be assigned specifically for this project. A copy of all overtime documents will be approved by the appropriate personnel prior to submission for reimbursement. A payroll report of all overtime hours and any other required documentation will be included in each reimbursement request submitted to the Orange County Sheriff's Department. PROJECT IDENTIFIERS Overtime BUDGET DETAIL AND NARRATIVE Overtime for the Department's personnel will range from $45.00 to $99.00 per hour, depending on the position and rank of each employee. Due to budget constraints, APD is Page 4 of 22 Attachment A currently unable to fully fund overtime expenses. 2015 -DJ -BX -0226 TIMELINE AND/OR PROJECT PLAN The project goals and objectives will be implemented upon DOJ's approval of the JAG program funds and Anaheim's City Council approval to utilize the JAG funds for this project. FUNDING Total Allocation: $90,913 Administrative Fee (9%): $8,182 Funds Retained by City/County: $82,731 Page 5 of 22 Attachment A 2015 -DJ -BX -0226 City: Costa Mesa The City of Costa Mesa proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS Planning, evaluation and technology improvement programs PROJECT NARRATIVE The Costa Mesa Police Department's proposed program activity is to maintain and further develop a recently implemented live streaming -video system, based out of the South Coast Plaza retail district. That proj ect was funded with p r i o r approved J A G funds. The implemented system enables live video -capture, of any activity within South Coast Plaza's two -block area, to be streamed to designated police cars' mobile data terminal screens. This facilitates reduced response times and improved coordination to high risk and terrorist type incidents, e.g. active shooter, armed take-over jewelry store robberies, etc. The previously implemented live -video streaming system is linked to any of over 200 remote CCTV cameras located throughout South Coast Plaza's properties. The South Coast Plaza retail district, located at 3333 Bristol Street and 3333 Bear Street, have been designated by the Department of Homeland Security (DHS) as the number 10 terrorist soft target among 600 designated terrorist targets throughout Orange County. A federal ACAMS (Automated Critical Asset Management Systems) assessment has been conducted at this site. With 25 million customers who frequent this location annually, SCP has been deemed by DHS as reasonably likely t o experience a terrorist -type attack (active shooter, etc.). PROJECT GOALS The department's project goal is to fund required warranty and service to keep the live video streaming system operational. The live video streaming system's continued operation will enable its evaluation for further development. One such possible development, being considered, is to enable police officers working at the SCP police substation to be able to stream live video to responding police cars' MDT screens. Presently, the live video streaming system is operated by South Coast Plaza dispatch staff, who are able to assign any chosen camera (activity location) and stream live video to designated CMPD patrol car. PROJECT STRATEGIES To accomplish the department's 2015 JAG project goal, the agency will obtain quotes from vendors that can supply the identified service, technology and/or e q u i p m e n t needed. PROJECT IDENTIFIERS 1) Electronic Monitoring, 2) System Improvement BUDGET DETAIL AND NARRATIVE Preliminary quotes have been obtained for the department's proposed program. The estimated cost includes: Page 6 of 22 Attachment A 2015 -DJ -BX -0226 Annual service cost for continued live video streaming to 10 CMPD police vehicles (100 total viewer hours per month, over a 12 -month period): $7,500 per year (x 2 years) _ $15,000 Annual hardware warranty for portable Ultra SD/HD system (i.e. interfacing hardware that enables capture and live video streaming to patrol car MOTs): $2,500 per year (x 2 years) _ $5,000 Total: $20,000 Note: All costs in excess of allocated 2015 JAG funding will be funded by the City of Costa Mesa. TIMELINE AND/OR PROJECT PLAN The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City Council and the department's ability to utilize the JAG allocation for expenditures FUNDING: Total Allocation: $18,158 Administrative Fee (9%): $1,634.22 Funds Retained by City/County: $16,523.78 Page 7 of 22 Attachment A City: Fullerton 2015 -DJ -BX -0226 The City of Fullerton proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs. PROJECT NARRATIVE Proposed program activities - Funding for the proposed JAG 2015 Cold Case Project will pay for 2 part-time Consultants/Detectives to continue to re -open, re -investigate and, where possible, solve cold cases of homicide through the use of technology not available at the time the crime was committed. The 2015 JAG grant will be used exclusively for the Cold Case Project noted above. Program need - Currently, the Fullerton Police Department has about 20 unsolved cases of murder on its books going back over 30 years. Clearly, the crime of murder calls for the greatest use of police resources to ensure justice for the victim, the victim's loved ones, and the murderer. However, through a lack of evidence and witnesses, and - especially with decades -old crimes- a lack of technology, some crimes of murder were seemingly impossible to solve. Now, recent and rather astounding advances in both the collection and analysis of evidence make it possible to solve previously unsolvable cases. Nonetheless, these cold cases will still require many hours of old-fashioned detective work, and with reduced budgets and a Police Department already stretched to its limits preventing and solving present-day crimes, these cold cases do not receive the attention and resources they deserve. The Department's ongoing Cold Case Project was initiated through JAG funding, and currently, our detectives are involved with two cold cases, one of which is coming close to being solved and prosecuted. The proposed JAG 2015 Cold Case Project would provide the needed manpower to continue these and other cases which are especially time- consuming and difficult to investigate due to the many years which may have transpired since the crime was committed. PROJECT GOALS The primary goal of the project is to reopen and reinvestigate cold cases of homicide and, where possible, solve and prosecute these cases. Page 8 of 22 Attachment A 2015 -DJ -BX -0226 PROJECT STRATEGIES With oversight from the Sergeant in charge of the Detective Unit, the Cold Case Project will utilize the expertise and experience of two retired police detectives acting as consultant/specialists to reopen, reinvestigate and, where possible, solve cold cases of murder. Having experienced officers earning a modest hourly rate of $31.01 per hour means that the funding dollars will go much further than paying regular detectives. Both of these detectives will work an estimated 10 hours per week (520 hours each) for one year for a total of 1,040 man hours. The Fullerton Police Department will pay for any in-kind costs exceeding the JAG 2015 budget. These detectives will review the Department's cold cases and give priority to those with DNA evidence which could now provide clues sufficient to bring a killer or killers to justice or at least bring closure to a case. Besides managing the newly -reopened cases and directing the processing of evidence, with the in-kind assistance of the CSI staff, these detectives will also conduct interviews and other research as necessary. When sufficient evidence is produced and a murder suspect is identified, these cold cases will, whenever possible, be brought to the District Attorney's Office for prosecution. 2014 JAG funds have enabled our Cold Case investigators to identify a suspect for a 1983 homicide, and this case is also being presented to the District Attorney's Office for review this week. The 2015 JAG grant will fund the work needed on two new cold cases from 2001 and 2004, one of which is an international case involving a Canadian victim. PROJECT IDENTIFIERS Cold Cases BUDGET DETAIL AND NARRATIVE All monies will be used to pay the $31.01 per hour Personnel cost of the two Consultants/Detectives. $31.01/hr. x 2 detectives x 520 hrs. $32,250 Less In -Kind 6,915 TOTAL JAG 2015 COST $25,335 TIMELINE AND/OR PROJECT PLAN Due to the complexities of a cold case, a specific timeline and guarantee of solving a cold case is not possible. However, it is projected that cold case detectives will reopen, thoroughly investigate and, where possible, solve and bring for prosecution one to two cold cases within one year. FUNDING Total Allocation: $27,841 Administrative Fee (9%): $2,506 Funds Retained by City/County: $25,335 Page 9 of 22 Attachment A 2015 -DJ -BX -0226 City: Garden Grove The City of Garden Grove proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS: JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs. PROJECT NARRATIVE The Police Department will use 2015 JAG funds to pay a portion of its jail services contract. The first contract was put into place in 2000, and has saved the Department tens of thousands of man- hours. What was previously at least a two-hour process for the arresting officer now takes only 15 minutes, allowing the officer to return to patrolling the streets. The jail services contract is an indispensable component of Department operations and is key to maximizing officer's time spent out in the community. PROJECT GOALS The Department's goal for utilizing a jail services contract is to create operational efficiencies and increase time patrol officer's time spent "on the streets." The time saved is equal to the productive hours of more than six patrol officers, and this time can be used to augment patrol operations. PROJECT STRATEGIES Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety rather than expending energy and resources on jail operations. Prior to the contract, officers would spend approximately two hours processing and transporting an arrestee. If the arrestee required medical clearance, that process could be extended by several hours. Now, sworn police officers complete preliminary paperwork on the arrestee and return to their field duties in as little as 15 minutes while the jailers complete the fingerprinting, photographing, transporting, etc. procedures. This increases the officer's availability to handle additional calls for services. In 2014, the jailers processed 5,619 arrestees, saving sworn officers approximately 11,238 hours that would have been spent processing arrestees. PROJECT IDENTIFIERS Community Policing; Detention (Non-residential). The Garden Grove Police Department implemented the Community Policing philosophy many years ago. Contracting out staffing of the detention facility facilitates that philosophy, by enabling patrol officers to return to their beat areas more quickly. BUDGET DETAIL AND NARRATIVE Page 10 of 22 Attachment A 2015 -DJ -BX -0226 The funds retained by the City will help to offset the annual cost of the jail services contract. For FY 2015-16 the monthly cost of the contract will be $42,886 .The cost covers staffing, operating expenses, and management fees, as well as liability insurance maintained by the vendor. Personnel services provided under this contract guarantee 24/7/365 staffing of the jail at 9.625 FTE. TIMELINE AND/OR PROJECT PLAN The jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the policing presence in the City. FUNDING Total Allocation: $33,089 Administrative Fee (9%): $2,978 Funds Retained by City/County: $30,111 Page 11 of 22 Attachment A 2015 -DJ -BX -0226 City: Huntington Beach The City of Huntington Beach Police Department proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG fiends may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement and planning, evaluation, and technology improvement PROJECT NARRATIVE Proposed program activities— The Huntington Beach Police Department proposes evaluating and implementing a body worn camera program during the life of this grant. We are currently developing policy for the program and will be testing three different vendors. Once the vendor is chosen, we will use the awarded grant funds for the purchase of the body worn cameras, docking stations, hardware and network infrastructure support to implement the program. Program need— Body worn cameras can help improve the high-quality public service expected of police officers and promote the perceived legitimacy and sense of procedural justice that communities have about their police departments. Furthermore, departments that are already deploying body -worn cameras tell us that the presence of cameras often improves the performance of officers as well as the conduct of the community members who are recorded. This is an important advance in policing. PROJECT GOALS Our goal would be to implement a body worn camera, using the technology and evidence it creates to further the mission of providing law enforcement services to our community and maintaining public trust. PROJECT STRATEGIES After careful evaluation of different vendors, developing policy and community support, our strategy will be to equip every uniformed police officer of the department with a body worn camera, as part of a department wide body worn camera program. PROJECT IDENTIFIERS Body Worn Cameras BUDGET DETAIL AND NARRATIVE The purchase will be used for body worn camera equipment only. The cameras cost between $600 and $800 each depending on which vendor we choose. We will be equipping approximately 150 uniformed officers at a cost of $90,000 - $120,000. We will use the awarded Page 12 of 22 Attachment A 2015 -DJ -BX -0226 grant funds to partially pay for the equipment cost. The remaining cost will come from other funds within our agency budget. TIMELINE AND/OR PROJECT PLAN The body worn camera project should be completed and implemented by March 31, 2016. FUNDING Total Allocation: $26,633 Administrative Fee (9%): $2,397 Funds Retained by City/County: $24,236 Page 13 of 22 Attachment A 2015 -DJ -BX -0226 City: La Habra The City of La Habra proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG fiends may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement- Overtime PROJECT NARRATIVE Proposed program activities— The La Habra Police Department currently employs a policing concept called "Crime Reduction Strategy" (CRS) which is similar to the data -driven police accountability model known as "COMPSTAT". CRS is a management process, within a performance management framework, that synthesizes analysis of crime and disorder data, strategic problem solving, and a clear accountability structure. CRS facilitates accurate and timely analysis of crime and disorder data, which is used to identify crime patterns and problems. Based on this analysis, tailored responses or "strategies" are implemented through rapid deployment of personnel and resources. An accountability structure is key to ensuring the analysis is acted upon and the responses are implemented correctly as well as assessing whether the responses are effective in reducing crime and disorder. Program need— The La Habra Police Department proposes to use the 2015 JAG funds to cover overtime expenditures caused by rapid and ongoing deployment of personnel from our bicycle patrol unit to our identified crime districts. Current bicycle patrol deployments are very limited and only occur when sufficient staffing exists to cover shifts. The bicycle patrol unit will work to significantly impact identified crime trends in our districts, as well as addressing quality of life issues reported by community residents. PROJECT GOALS The goal of this project is to overtime fiend bike patrol teams in identified crime districts, as well as respond to community concerns of specific quality of life issues. PROJECT STRATEGIES The entire JAG grant allocation for the City of La Habra ($10,742) will be spent on funding bicycle patrols and response to community concerns regarding quality of life matters. PROJECT IDENTIFIERS Community Policing Page 14 of 22 Attachment A 2015 -DJ -BX -0226 Crime Prevention BUDGET DETAIL AND NARRATIVE Outline how JAG funds will be used to support and implement the program —Include a breakdown of costs as well as an overview of how funds will be allocated across approved JAG purpose areas (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, and Other category) — The deployment plan will consist of approximately (148) hours of overtime to staff the bike patrol assignments to address specified crime districts and community quality of life concerns. This is based upon an average overtime rate (non -benefited) of $66.20 per hour. TIMELINE AND/OR PROJECT PLAN Identify when the goals and objectives will be completed. This project involves developing a simple deployment plan, based upon crime analysis of our crime districts, and it is anticipated to be completed within 120 days of grant approval. FUNDING Total Allocation: _ $10,742 Administrative Fee (9%): $966.78 Funds Retained by City/County: $9,775.22 Page 15 of 22 Attachment A 2015 -DJ -BX -0226 City: Orange The City of Orange proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: The purpose area for use of funds is Law Enforcement. PROJECT NARRATIVE Proposed project activities— During 2014, Orange Police Department investigated thousands of crimes, a majority of which directly or indirectly involved a cellular phone. The investigations discovered the suspects/victims use and/or possession of cellular phones during the commission of crimes or when being victimized. Cellular phones contain minute by minute digital evidence of a suspect and/or victim's location and communication before, during and after the commission of a crime. The timely retrieval of this evidence in some cases may be lifesaving and be the only link that helps detectives solve the crime or locate the victim. By obtaining sophisticated cellular phone forensic extraction hardware / software, the Orange Police Department will be able to investigate technologically complex investigations. In addition, cellular phones are frequently used by suspects to store evidence of criminal activity or victimization. This equipment will also assist in the prosecution of suspects using evidence that simply could not be obtained by traditional methods. Program need— Due to the prevalence of cellular phones in our society, the Orange Police Department needs to obtain sophisticated cellular phone forensic extraction hardware / software in order to improve investigative effectiveness as technological advances increase. There have been times that physical evidence is complimented and strengthened by digital evidence. On occasion, digital evidence is all that exists to provide investigative leads and evidence in solving crimes. PROJECT GOALS To obtain sophisticated cellular phone forensic extraction hardware / software to view, analyze and retain digital evidence on cellular phones. In many cases, information provided by the cellular phone providers is incomplete as much of the user's data is stored locally on each phone. This hardware, coupled with the analysis software, will enable investigators to conduct cellular phone forensic examinations on all of types of cellular phones. PROJECT STRATEGIES Page 16 of 22 Attachment A 2015 -DJ -BX -0226 The cellular phone forensic extraction equipment will be used by the Orange Police Department as an investigative tool to obtain digital evidence stored on cellular phones. PROJECT IDENTIFIERS Computer software/hardware Evidence -Based Equipment --Forensic BUDGET DETAIL AND NARRATIVE JAG funds will be used to purchase a Universal Forensic Extraction Device (UFED) for cellular equipment: • CELLEBRITE UFED TOUCH ULTIMATE UFED TOUCH ULTIMATE (Logical & Physical Mobile Forensic Solution) $10,499 • UFED Camera attachment for UFED TOUCH $298 • 1 Year UFED Software Renewal $ 3,099 Sub Total $13,896 Sales tax $1,112 Grand Total $15,008 TIMELINE AND/OR PROJECT PLAN Once the funds are received and made available through the City's normal approval process, it is anticipated that product ordering, delivery, and setup would be complete within two weeks. Use of the device would begin immediately. Additional funding will be from other City of Orange funding sources. FUNDING Total Allocation: $10,816 Administrative Fee (9%): $973 Funds Retained by City/County: $9,843 Page 17 of 22 Attachment A 2015 -DJ -BX -0226 City: Santa Ana The City of Santa Ana proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law Enforcement PROJECT NARRATIVE Proposed program activities— Through the use of grant funding, the City of Santa Ana Proposes a three pronged approach to reducing criminal activity. Funding will allow: 1.) Augmentation of our gang enforcement, as well as, advanced gang investigative training for gang suppression detectives. Funding will provide for gang enforcement activity with suppression details working overtime to target specific enforcement of gang members involved in violent behavior. The department currently lacks the manpower and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most negatively affected by gang activity and will be funded for the three-year grant period. Additionally, funding will be utilized to provide gang suppression personnel with advanced training to ensure gang related offenses are successfully prosecuted. 2.) Enhancement of Educational Opportunities. The Santa Ana Police Department believes Community Oriented Policing (COP) has been and must remain at the core of crime reduction. A major component of COP is educational opportunities offered to residents. With funding severely cut, educational programs and staffing that provided this valuable resource have been reduced. Officers as well as non -sworn staff will offer COP related training programs on an overtime basis to complete this goal. Funding will cover the entire grant performance period. 3.) Enhancement of Community Policing. Funding will provide for community policing enforcement operations with suppression details working overtime to address crimes of public disorder specifically tied to community complaints. The department currently utilizes a robust community complaint tracking system to ensure responsiveness to resident concerns. Funding will cover the entire grant performance period. This funding will equate to approximately 1,247 hours of additional law enforcement resources within our community. The Department will utilize the fiends for personnel overtime and advanced gang investigative training, as needed. The remainder of the funds will be utilized to offer educational opportunities Page 18 of 22 Attachment A 2015 -DJ -BX -0226 for neighborhood associations, community gatherings and residents ranging from children to adults. Program need — The Santa Ana criminal street gang population of approximately 6,900 accounts for the less than two percent of the City's population however; this criminal element constitutes a significant impact on fear in the community and threatens the safety and stability of our neighborhoods. The Department routinely receives between 20 and 30 specific community complaints per week which directly impact the quality of life for our residents. Enforcement related activities will be coupled with an educational component, which will enhance public understanding, trust and confidence. PROJECT GOALS The goal of this project is to reduce criminal activity and increase public safety through enhanced enforcement and educational efforts. PROJECT STRATEGIES The use of selective enforcement overtime, response to community complaints, coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals: 1. Contact gang members and individuals involved in crimes of public disorder to gain intelligence, investigative information and ensure problem solving for prosecutorial purposes while striving to resolve longstanding community concerns. 2. Increase the number of arrests and successful prosecution of gang members. 3. Increase the number of community complaints resolved. 4. Reduce the fear gang members evoke in the community and decrease community concerns through high visibility police presence and enforcement activities. 5. Offer enhanced educational opportunities through schools, community associations and neighborhood watch groups. PROJECT IDENTIFIERS See 2015 JAG Identifiers (attached) Gangs; Education; Community Policing; Violence Violent Crime Offenders BUDGET DETAIL AND NARRATIVE Outline how JAG funds will be used to support and implement the program — Include a breakdown of costs as well as an overview of how funds will be allocated across approved JAG purpose areas (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, and an Other category) — Funds will be utilized for personnel overtime and advance gang investigative training with associated travel, as needed. No funds are allocated for supplies, consultants or contracts. Overtime: $76,032.00 1,056 hours @ $72.00 per hour Training/Travel: $8,448.00 Page 19 of 22 Attachment A 2015 -DJ -BX -0226 TIMELINE AND/OR PROJECT PLAN Identify when the goals and objectives will be completed. Months 1-36: Gang Enforcement and Community Complaint enforcement continues throughout the life of the grant. Months 1-36: Educational endeavors and advanced gang investigative training continue throughout the life of the grant. FUNDING Total Allocation: $92,835 Administrative Fee (9%): $8,355 Funds Retained by City/County: $84,480 Page 20 of 22 Attachment A City: Westminster 2015 -DJ -BX -0226 The City of Westminster proposes to use the 2015 Justice Assistance Grant Program funding asfollows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs. PROJECT NARRATIVE Proposed program activities— The grant funds are intended to cover overtime costs in the Detectives unit. The goal of the project is to reduce the backlog of cases in the Detectives division and to gather additional evidence on active cases. Program need— The Westminster Police Department is fiscally constrained from deploying the necessary investigative assets needed to successfully address these surges in criminal activity. Stated conversely: additional funding can provide for the appropriate surveillance and follow-up investigative resources needed to investigate individual crimes and to interrupt criminal patterns. PROJECT GOALS Reduce backlog of cases in the Detectives division and gather additional evidence on active cases. PROJECT STRATEGIES Experience has demonstrated that early and aggressive investigative activities are critical to bringing emergent neighborhood -focused criminal activity under control before it escalates to far more serious levels. This request for JAG funding is to enhance and supplement (not replace) the investigative activities of the Westminster Police Department when unusual/high incident crime situations arise. The JAG funding will underwrite the costs of necessary overtime to conduct investigations. The timing and nature of additional resources deployed through the JAG fiends will correspond directly to the characteristics of emergent criminal activity in the community and the means to best remedy those problems. As such, additional deployment through JAG funding is likely to include: • Additional surveillance activities • Additional participation in coordinated multi -jurisdictional investigations • Additional neighborhood -based special operations • More intensive follow-up Page 21 of 22 Attachment A PROJECT IDENTIFIERS Overtime Crime Prevention Surveillance 2015 -DJ -BX -0226 BUDGET DETAIL AND NARRATIVE Personnel 1 Detective (Police Officer) at an overtime rate of $53.00 per hour will be assigned, as necessary, for additional investigative duties on behalf of areas experiencing enhanced criminal activity. Deployment shifts (hours) will depend upon the nature of the investigative/surveillance assignment. $53.00 x 344 investigative hours= $18,232 Overtime rate will be used for actual additional investigative duties. The Westminster Police Department will contribute supervision and other support to this initiative at its own expense. TOTAL BUDGET= $18,273 TIMELINE AND/OR PROJECT PLAN During the grant period it is anticipated that the backlog of cases in the Detectives unit would be reduced. FUNDING Total Allocation: $20,080 Administrative Fee (9%): $1,807 Funds Retained by City/County: $18,273 Page 22 of 22 Attachment B 2015 -DJ -BX -0226 HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on -your cities letterhead that includes or states the following: A. Your agency's request for reimbursement in the amount of $ ; B. Against Grant Award#2014-DJ-BX-0038 C. List of items purchased and types of costs being claimed for the quarter that match your city's initial write-up/request; D. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current ON Financial guide; E. Letter is to be signed by the person authorized in the JAG Program MOU (City Manager). 2. Required attachments to the letter: A. FEDERAL FINANCIAL REPORT Your agency is required to submit quarterly Federal Financial Report using a Standard Form SF - 425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The Federal Financial Report is due at the Sheriff's Department Financial Division by the due dates indicated below: Qtr. ending 03 -31 -YY Qtr. ending 06 -30 -YY Qtr. ending 09 -30 -YY Qtr. ending 12 -31 -YY due no later than 4/10 due no later than 7/10 due no later than 10/10 due no later than 01/10 A helpful hints guide for completing Federal Financial Report is available at the DOJ-OJP website at: http://www.ojp.usdoj.gov/funding/fonns.htm B. INVOICE BILLING OCSD a. The package should include an invoice from the city billing the Orange County Sheriff's Department (OCSD). The invoice/bill should reference the grant name, grant number and quarter ending date. b. OCSD will reference your city's invoice number when reimbursement is made to your city. C. BACKUP DOCUMENTS a. All invoices/receipts and relevant purchase orders pertaining to federal monies spent. b. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. c. Copies of signed check(s) for purchase(s) and general ledger reports clearly indicating expenditures for the quarter. All of the above documents ,must be provided to our office; otherwise your claim will not be processed. Please send your claims to: Orange County Sheriff's Department-Financial/Admin. Division Attn: Karla Lazaridis 320 N. Flower Street, Suite 108, Santa Ana, CA 92703. If you have any questions please call Karla Lazaridis at (714) 834-6675. Attachment C 2015 -DJ -BX -0226 City/ County Entity 2015 Total Allocation by City/ County Entity 9% Administrative Fee Balance Available to Individual Cities/ County Entity Sheriff 19,334 1,740 17,594 Anaheim 95,123 8,561 86,562 Costa Mesa 18,999 1,709 17,290 Fullerton 29,130 2,621 261509 Garden Grove 34,621 3,115 31,506 Huntington Beach 27,866 2,507 25,359 La Habra 11,239 1,011 10,228 Orange 11,317 1,018 10,299 Santa Ana 97,133 8,741 88,392 Westminster 21,010 1,890 19,120 TOTAL: 365,772.00 32,913.00 332,859.00 Attachment D 2015 -DJ -BX -0226 FY2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REOUIREMENTS Programmatic Reporting Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information. Most programs require semiannual and/or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award. Questions concerning progress reporting should be directed to the Program Manager for the award. Quarterly Programmatic (PMT) Reporting periods are: January 1— March 31 April 1— June 30 July 1— September 30 October 1— December 31 Reporting requirements must be met during the life of the grant. A full explanation of these requirements can be found in the OJP Financial Guide, which may be accessed at http://www.ojp.usdoj.gov/financialguide/index.htm. Also check special conditions on awards for additional reporting requirements. GPRS will not permit access to funds if financial reporting is delinquent. The following information concerns: • Single Audit Reports • Categorical Progress Reports • Federal Financial Reports Single Audit Reports A special condition may be included with your award that details reporting requirements for audit reports. Please review and comply with that special condition. There is no form for submission of audit reports; however, a transmittal letter is needed. Information about the letter and the rules for single audits may be found in the OJP Financial Guide, Post award Requirements, Audit Requirements and in OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. The submission of audit reports for all grantees shall be as follows: Attachment D 2015 -DJ -BX -0226 State and Local Governments, Institutions of Higher Education, and Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East 10th Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2008 and later should be submitted on the Federal Audit Clearinghouse's Web site at http://harvester.census.gov/sac. Do NOT submit your audit reports to OJP unless specifically requested. Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN: Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531. Direct any questions regarding the grant program to Nancy M. Nguyen. NMNguyen@ocsd.org 431 The City Drive South Orange, CA 92868 (714) 935-6869 Attachment E Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 2053/ August 13, 2015 Chairman Todd Spitzer County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Chairman Spitzer On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $365,772 for County of Orange. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Gale Farquhar, Program Manager at (202) 598-9522; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS v— e Office of Justice Programs Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr August 13, 2015 Chairman Todd Spitzer County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Chairman Spitzer: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAB) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal—fbo.htm. SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/JseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at bttp://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htni. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/abouVocr/pdfs/cert.pdf To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, 79� a. Atw, — Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice 3i Office of Justice Programs "RIr"" Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.govBJA/resource/nepa.htmi. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. ;. Department of Justice Office of Justice Programs Bureau of Justice Assistance This project is supported under FY15(BJA - JAG) 42 USC 3750, et seq. i GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY PROJECT NUMBER 2015 -DJ -BX -0226 _.......... Grant PAGE I OF I 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Gale Farquhar Nancy Nguyen (202)598-9522 Grants Manager Research and Development 431 The City Drive South Orange, CA 92868-3303 (714)935-6869 3a. TITLE OF THE PROGRAM 3b, POMS CODE (SEE INSTRUCTIONS ON REVERSE) BJA FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 4. TITLE OF PROJECT FY 15 JAG Program 5, NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE County of Orange 10 Civic Center Plaza p Santa Ana, CA 92701 j 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2014 TO: 09/30/2018 FROM: 10/01/2014 TO: 09/30/2018 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 365,772 1 08/13/2015 11. SECOND YEAR'S BUDGET 13, THIRD YEAR'S BUDGET PERIOD 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The Orange County Sheriff Coroner Department will serve as the fiscal agent for the FY 15 JAG Grant and funds will be utilized to support a broad range of activities to prevent and control crime in Orange County, California. NCA/NCF OJP FORM 4000/2 (REV. 4-88) .,�Department of Justice Office of Justice Programs Bureau of Justice Assistance I RECIPIENT NAME AND ADDRESS (Including Zip Code) County of Orange 10 Civic Center Plaza Sonia Ana, CA 92701 2a. GRANTEE, IRSNF.NDOR NO 950009281 2h. GRANTEE DLNS NO. 111950874 3 PROJECTTI'I'LE FY 15 JAG Program PAGE I OF 10 Grant 4 AWARD NUMBER- 2015 -DJ -BX -0226 5 PROJECT PERIOD FROM 10 1) 1 2014 TO 09 30.2018 BUDGET PERIOD: FROM I0r01,2014 TO 09'30!2018 6. AWARD DATE 08;132015 ?. ACTION 8, SUPPLEMENT NUMBER Initial 00 9. PREVIOUS AWARD AMOUNT so 10 AMOUN r OF THIS AWARD S 365,772. I I TOTAL. AWARD S 365,772 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). i 13 STATUTORY AUTHORITY FOR GRANT This project is supported under FY 15(BJA - JAG) 42 USC 3730, el seq 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE. (CFDA Number) 16.738 - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTPROGRAM 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE i 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL 18, TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Todd Spitzer Director Board of Supervisorq Chair 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNA _ - - AGENCY USESE ONLY 20. ACCOUNTING CLASSIFICATION CODES ? 21 PDJI1 iT0183 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC REO. SUB. PDMS AMOUNT X B D1 80 00 00 365772 OJP FORM 4000:2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 4000.2 (REV. 4-88) OFFICIAL 19A, DATE APPROVED A5 TO FORM OFFICE �OOjF'THE OOUNTY COUN8Et. �CCRA1 ' COUNTY,CIU.IF�RN App - fallleC ' Department of Justice AK 21111FPCISK Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET Grant AWARD DATE 08/13/2015 SPECIAL CONDITIONS I . Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CXR. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs (OJP). For this 2015 award, the Part 200 Uniform Requirements, which were first adopted by DOJ on December 26, 2014, supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. If this 2015 award supplements funds previously awarded by OJP under the same award number, the Part 200 Uniform Requirements apply with respect to all award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 C.F.R. 200.317 through 200.326). For more information on the Part 200 Uniform Requirements, including information regarding the potentially -available grace period described above, see the Office of Justice Programs (OJP) website at http://ojp.gov/funding/Par(20OUniformRequirernents.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"). 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient, and may result in suspension of funding until such time as the recipient is in compliance, or termination of the award. 4. The recipient understands and agrees that OJP may withhold award funds, or may impose other related requirements, if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terns of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 5. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET PAGE 3 OF 10 Grant AWARD DATE 08/13/2015 SPECIAL CONDITIONS 7. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized to make subawards or contracts under this award — a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward, contract, or subcontract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives fiords under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 8. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 9. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs I ` Bureau of Justice Assistance � ii• PROJECT NUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET PAGE 4 OF 10 Grant I ' I AWARD DATE 08/13/2015 SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 11. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle dining the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 12. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 13. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at hup://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 14. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 15. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 16. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 18. The recipient must collect, maintain, and provide to OJP, data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes, specified in the program solicitation, or as otherwise specified by OJP. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION y Bureau of Justice Assistance SHEET PAGE 5 OF 10 Grant PROJECT NUMBER 2015 -DJ -BX -0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 19. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 20. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 21. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 22. The recipient understands and agrees that it has a responsibility to monitor its subrecipients' compliance with applicable federal civil rights laws. The recipient agrees to submit written Methods of Administration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at CivilRightsMOA@usdoj.gov within 90 days of receiving the grant award, and to make supporting documentation available for review upon request by OJP or any other authorized persons. The required elements of the MOA are set forth at http://www.ojp.usdoj.gov/funding/other_requirements.htm, under the heading, "Civil Rights Compliance Specific to State Administering Agencies." 23. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 24. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET Grant AWARD DATE 08/13/2015 SPECIAL CONDITIONS PAGE 6 OF 10 I 25. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP detennine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal Rinds. 26. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal—fbo.htm. 27. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 28. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 29. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 30. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 31. The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. OJP FORM 4000/2 (REV. 4-88) 1_7 Department of Justice Office of Justice Programs ' Bureau of Justice Assistance PROJECTNUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET Grant AWARDDATE 08/13/2015 SPECIAL CONDITIONS PAGE 7 OF 10 32. All procurement (contract) transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law, and with Federal procurement standards specified in regulations governing Federal awards to non -Federal entities. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive (e.g., sole source) procurements by the award recipient in excess of the Simplified Acquisition Threshold (currently $150,000) set out in the Federal Acquisition Regulation must receive prior approval from the awarding agency, and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide. 33. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds, 34. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https:Hgrants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 35. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 36. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 37. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 38. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic -resistant and stab -resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. 39. JAG funds maybe used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. ON FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET Grant AWARD DATE 08/13/2015 SPECIAL CONDITIONS i PAGE 8 OF 10 I 40. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. 41. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.govBJA/resource/nepa.litml, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 42. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https://www.bia.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 43. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2015 -DJ -BX -0226 AWARD CONTINUATION SHEET Grant AWARD DATE 08/13/2015 SPECIAL CONDITIONS PAGE 9 OF 10 44. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf 45. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the sante category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final.pdf 46. Recipient understands and agrees that, notwithstanding 2 CFR 0 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. 47. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 48. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance (BJA) has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice (GAN) has been approved releasing this special condition. 49. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. OJP FORM 4000/2 (REV. 4-88) I I � Department of Justice Office of Justice Programs AWARD CONTINUATION ; i Bureau of Justice Assistance SHEET PAGE 10 OF 10 Grant � I j PROJECT NUMBER 2015 -DJ -BX -0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 50. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. I � 51. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. I I 52. Recipient may not expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 53. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. OJP FORM 4000/2 (REV. 4-88) 11? k' ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER September 22, 2015 Submitting Agency/Department: Sheriff -Coroner Accept grant award from U.S. Department of Justice for 2015 Edward Byrne Memorial Justice Assistance Grant Program ($365,772); approve form of agreement to transfer funds to participating cities; and authorize Sheriff -Coroner or designee to execute individual city agreements - All Districts The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ❑ Unanimous ❑ (1) DO: Y (2) STEEL: X (3) SPITZER: Y (4) NELSON: Y (5) BARTLETT: Y Vote Key: Y=Yes; N=No; A Abstain; X=Excused; B. 0. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ^'Contract(s) Item No. 19 Special Notes: Copies sent to: Sheriff-Coroner/Elyce Heppner Sheriff-Coroner/Blanca Ramos R-gq�t.� �- I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. Robin Stieler, Interim Clerk of the Board ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER September 22, 2015 Submitting AgencylDepartment.• Sheriff -Coroner Accept grant award from U.S. Department of Justice for 2015 Edward Byrne Memorial Justice Assistance Grant Program ($365,772); approve form of agreement to transfer funds to participating cities; and authorize Sheriff -Coroner or designee to execute individual city agreements - All Districts The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ❑ Unanimous ❑ (1) DO: Y (2) STEEL: X (3) SPITZER: Y (4) NELSON: Y (5) BARTLETT: Y VoteKey Y= Yes; N=No; A Abstain; X=Excused; B.O. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ^'Contract(s) Item No. 19 Special Notes: Copies sent to: Sheriff-Coroner/Elyce Heppner Sheriff-Coroner/Blanca Ramos qy v , -'-r., I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. Robin Stieler, Interim Clerk of the Board MEETING DATE: Agenda Item AGENDA STAFF REPORT LEGAL ENTITY TAKING ACTION: BOARD OF SUPERVISORS DISTRICT(S): SUBMITTING AGENCY/DEPARTMENT: DEPARTMENT CONTACT PERSON(S): ASR Control 15-001230 09/22/15 Board of Supervisors All Districts Sheriff -Coroner (Pending) Brian Wayt (714) 647-1803 Robert Beaver (714) 935-8431 SUBJECT: Accept 2015 Byrne Memorial Justice Assistance Grant Funding CEO CONCUR Pending Review COUNTY COUNSEL REVIEW Pending Review CLERK OF THE BOARD Consent Calendar 3 Votes Board Majority Budgeted: No Current Year Cost: $365,772 Annual Cost: N/A Staffing Impact: No # of Positions: Sole Source: N/A Current Fiscal Year Revenue: $365,772 Funding Source: FED: 100% (Edward Byrne County Audit in last 3 years: No Memorial Justice Assistance Grant) Prior Board Action: 6/16/2015 #38, 8/5/2014 #4, 5/20/2014 #61, 10/1/2013 #4 RECOMMENDED ACTION(S): 1. Accept the 2015 Edward Byrne Memorial Justice Assistance Grant, Catalog of Federal Domestic Assistance number 16.738, in the amount of $365,772 from the U.S. Department of Justice. 2. Approve and authorize execution of the 2015 Edward Byrne Memorial Justice Assistance Grant award document. 3. Approve the form Agreement to Transfer Funds for 2015 Edward Byrne Memorial Justice Assistance Grant Program. 4. Authorize the Sheriff -Coroner or designee, on behalf of the County of Orange, to execute an Agreement to Transfer Funds for the 2015 Edward Byrne Memorial Justice Assistance Grant with each city receiving grant funds. SUMMARY: Acceptance of the 2015 Edward Byrne Memorial Justice Assistance Grant award from the U.S. Department of Justice, approval and authorization of the execution of the grant award document, approval the form Agreement to Transfer Funds, and authorization for the Sheriff -Coroner or designee to execute Page 1 the Agreement to Transfer Funds with each city receiving grant funds will allow the Sheriff -Coroner to support a broad range of activities to prevent and control crime. BACKGROUND INFORMATION: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a major source of federal criminal justice funding to state and local jurisdictions. The JAG Program provides funding to local governments to support a broad range of activities to prevent and control crime, including local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support and information systems for criminal justice for the following purpose areas: law enforcement; prosecution and court; prevention and education; corrections and community corrections; drug treatment; and planning, evaluation and technology improvement. The County of Orange (County) has participated in the JAG program for ten years. The 2013 JAG grant was approved by the Board of Supervisors (Board) on October 1, 2013. On May 20, 2014, the Board authorized the Sheriff -Coroner Department (Sheriff) to submit a joint application for 2014 funding to the U.S. Department of •Justice/Bureau of Justice Assistance on behalf of the County and 11 cities. The Bureau of Justice Assistance uses a formula for the allocation of JAG funding that is based on population and violent crime statistics. On August 5, 2014, the Board approved the 2014 JAG Grant in the amount of $434,569. On June 16, 2015, the Board approved the 2015 JAG Grant Application in the anticipated amount of $365,772. For 2015, the County has been awarded $19,333.60 in JAG funds for the Sheriff Department to expend, and the other city recipients received awards ranging from $11,239.39 to $95,122.59. The following table details the 2015 JAG program allocations. City/ County Entily 2015 Total Allocation by City/ CounIX EntijE 9% Administrative. Fee Balance Available to Individual Cities/ Coun Entitv Sheriff $19,333.60 $1,740.02 $17,593.57 Anaheim 95,122.59 8,561.03 86,561.55 Costa Mesa 18,998.78 1,709.89 17,288.89 Fullerton 29,130.14 2,621.71 26,508.42 Garden Grove 34,621.14 3,115.90 31,505.23 Huntington Beach 27,866.20 2,507.96 25,358.24 La Habra 11,239.39 1,011.55 10,227.85 Orange 11,316.82 1,018.51 10,298.30 Santa Ana 97,133.58 8,742.02 �T 88,391.56 Westminster 21,009.77 1,89088 19 118.89 TOTAL: $365,772.00 $32,919.48 $332,852.52 The Sheriffs remaining allocation of $17,593.57 will be used to update equipment and technology for the Orange County (OC) Crime Lab. The OC Crime Lab services over 30 law enforcement agencies and is the only full service forensic laboratory providing service to the County of Orange as a whole. The OC Crime Lab handles more than 30,000 cases per year, conducting over 225,000 exams. The OC Crime Lab is requesting ten latent print comparison expert workstations and a new laptop computer for breath alcohol operator training. The Latent Comparison Section conducted over 4,000 exams on over 1,350 Page 2 cases in 2014. The OC Crime Lab's scope of forensic responsibilities is broad and includes such areas as crime scene investigation, firearms, examination, toxicological testing of biological samples from impaired driving cases, DNA, and death investigations. The nine cities' remaining allocations, which total $315,258.95 (excluding the County's allocation of $17,593.57 and the Administrative Fee of $32,919.48), will be used by the cities individually for various programs. Each city will be required to execute an Agreement to Transfer Funds for 2015 Edward Byrne Memorial Justice Assistance Grant Program prior to receiving any reimbursement from grant funds and after the County receives the allocation from the Department of Justice. The Sheriff requests that the Board accept the 2015 Edward Byrne Memorial Justice Assistance Grant award in the amount of $365,772 from the U.S. Department of Justice, authorize execution of JAG Program related documents, and approve the transfer of funding to cities, as referenced in the Recommended Actions. FINANCIAL IMPACT: There is no match required for this grant. Budget adjustments related to the grant award will be requested as part of the FY 2015-16 First Quarter Budget Report in Budget Control 103 which is scheduled to be heard by the Board of Supervisors in November 2015. The transfer agreement between the County and the cities contains language allowing the County to terminate the agreement if the cities fail to perform any of the covenants in the agreement or if the County loses funding under the grant. STAFFING IMPACT: N/A ATTACHMENT(S): Attachment A - Grant Award and Special Conditions Attachment B - Agreement to Transfer Funds Page 3 Cl T Y COUNCIL A GENDA REPORT MEETING DATE: DECEMBER 1, 2015 SUBJECT: MEASURE M2 EXPENDITURE REPORT DATE: NOVEMBER 17, 2015 ITEM NUMBER: CC -8 FROM: PUBLIC SERVICES DEPARTMENT AND FINANCE DEPARTMENT PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR AND BY: STEPHEN DUNIVENT, INTERIM FINANCE DIRECTOR FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES MANAGER (714) 754-5032 RECOMMENDATION: Adopt the Resolution (Attachment 1) approving the Measure M2 Expenditure Report. BACKGROUND: The approved guidelines for Renewed Measure "M" (M2) eligibility require that local agencies prepare and adopt an annual expenditure report on Measure M2 funds. The expenditure report is a detailed financial report which tracks financial activity as it relates to Measure M2 and other improvement funds. The report should account for receipt, interest earned, and use of Measure M2 and other funds as outlined in the Ordinance approved by the Orange County Transportation Authority (OCTA) Board and finally the Orange County voters. OCTA requires the annual report to be provided within six (6) months from the end of the jurisdiction's fiscal year. ANALYSIS: In order to qualify for Measure M2 funding, all agencies have to meet certain eligibility criteria established by the Ordinance approving the "M2" Program. Preparation of the expenditure report is one such requirement that each jurisdiction has to meet on an annual basis. The guidelines require each City to prepare and adopt an annual expenditure report to account for Measure M2 funds, developer/traffic impact fees, and funds expended by the City to satisfy Maintenance of Effort requirements. The following are the requirements of the expenditure report: • Submit report within six (6) months of jurisdiction's end of fiscal year; • Include all Measure M2 revenue, fund balances, and interest earned; • Identify expenditures by activity type (capital, operations, administration, etc.) and funding source for each program/project; and • Submit the expenditure report signed by the Finance Director accompanied by a resolution from the City Council. The City of Costa Mesa's report for Fiscal Year 2014-15 is due by December 31, 2015. Finance Department staff prepared the attached expenditure report (Attachment 2) in accordance with OCTA guidelines. The report was reviewed in draft form by OCTA staff, and the information provided was determined to be acceptable. Staff requests City Council's approval of the attached resolution approving the expenditure report and authorizing staff to submit the report to OCTA. ALTERNATIVES CONSIDERED: The City Council may choose not to approve the attached resolution. This alternative would make the City ineligible to receive Measure M2 funds from the Orange County Transportation Authority. FISCAL REVIEW: The expenditure report was prepared by Finance Department staff and took into account the final auditing of revenues and expenses for Fiscal Year 2014-15. The information contained in the M2 Expenditure Report was also reviewed by OCTA staff and determined to be acceptable. LEGAL REVIEW: The City Attorney's office has reviewed and approved the Resolution (Attachment 1) as to form. CONCLUSION: The voter -approved Measure M2 requires local agencies to meet certain eligibility requirements for receipt of Measure M2 funds, including approval of the M2 Expenditure Report. Staff recommends that the City Council adopt the attached Resolution approving the M2 Expenditure Report for Fiscal Year 2014-15, for submittal to OCTA. STEPHEN DUNIVENT Interim Finance Director COLLEEN O'DONOGHUE Assistant Finance Director ATTACHMENTS: 1 — Resolution 2 — M2 Expenditure Report ERNESTO MUNOZ Public Services Director RAJA SETHURAMAN Transportation Services Manager DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Division Staff File V ATTACHMENT 1 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2014-2015. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Local Transportation Authority Ordinance No. 3 requires local jurisdictions to adopt an annual Expenditure Report to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction which satisfy the Maintenance of Effort requirements; and WHEREAS, the Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the Expenditure Report must be adopted and submitted to the Orange County Transportation Authority each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part of Measure M2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, does hereby inform the Orange County Transportation Authority that: a) The attached M2 Expenditure Report is in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. b) The M2 Expenditure Report is hereby adopted for the City of Costa Mesa. BE IT FURTHER RESOLVED The City Clerk shall certify to the passage and adoption of this Resolution and it shall thereupon take effect and be in force. PASSED AND ADOPTED this 1St day of December, 2015. ATTEST: Stephen M. Mensinger Mayor APPROVED AS TO FORM: Brenda Green, City Clerk Thomas P. Duarte, City Attorney 04 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 1 st day of December, 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 _ day of December, 2015. (SEAL) BRENDA GREEN, CITY CLERK 3 City of Costa Mesa M2 Expenditure Report Fiscal Year Ended June 30, 2015 Signature Page ATTACHMENT 2 I certify that the interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated and all the information attached herein is true and accurate to the best of my knowledge: Steve Dunivent Director of Finance (Print Name) Signature Ib01.2 1S -- Date 101 City of Costa Mesa Schedule 1 M2 Expenditure Report Fiscal Year Ended June 30, 2015 Beginning and Ending Balances Description Line LininAmount Balances at Beginning of Fiscal Year ------------------------------------------- I------------------- -;M2 Fairshare1 $ 5,206,011 :--------------------------------------------------------- W2 Fairshare Interest ----- --------- ------------------------------------------ -------- 2 ------------------------ �-- :M2 CTFP --------------------------------------------------------------- --------- 3 ------------------------ $ (414,294) CTFP Interest4 ----- ----------------------------- ---------------------------------------------------------- ;Other M2 Funding -------- 5$ ------------------------ (181,108) --------------------------------------------------------------- :Other M2 Interest ---•_I---------------------------------------------------------�--------- --------- 6 ------------------------ ;Other* 7 ------------------------ ---------------------------------------------------------111111 Balances at Beginning of Fiscal Year (Sum Lines 1 to 7) 11-1111-- 8$ ------------------------ 4,610,609 --------------------------------------------------------------- {Monies Made Available During Fiscal Year9 --------- ------------------------ $ 3,217,557 ------------------ Total Monies Available (Sum Lines 8 & 9) 10 $ 7,828,166 - - - ------------------------------ :Expenditures During Fiscal Year11 --------------------------------------------------------------- -------- ------------------------ $ 5,436,392 Balances at End of Fiscal Year ------------------------------1-1-1-1----------------- :M2 Fairshare -------------------------------------------- 12 -------- $ 4,899,752 lM2 Fairshare Interest 13 ------------------------ -------------------------------------------------------- M2 CTFP ----------------------------------- 14 $ (859,995) :M2 CTFP Interest 15 ---------------------------------------------------- iOther M2 Funding -------- 16 ------------------------ $(1,647 983) _____________________________________ Other M2 Interest ___ _-_ 17 __________----- -----�--•---------------------------------------------------•11 ;Other* 11-•----- 18 ---------...------1111-- * Please provide a specific description CTFP - Comprehensive Transportation Funding Programs City of Costa Mesa M2 Expenditure Report Schedule 2 Fiscal Year Ended June 30, 2015 Sources and Uses Description Line No. Amount Revenues: Project Description :......................................... .................... .............. .......................... ........... ........ M2 Fairshare .............. ......... ................. ............. ...............-._................... ........................................ 1 ....... $ 2,245,812 M2 Fairshare Interest _ ............ .... ....................... ......... ...................,....._................... 2 ... 1. ... ........ ............. .. $ 26,318 M2 CTFP (Project 0) ....................................... .....:....,......... .. ........................................................I.................... ........ 3 ......... ---..... .._.... .... $ 264,858 M2 CTFP Interest ................_....... 4 $ ,--•---........... :Other M2 Funding**......_ ............................ _...._......... 5 ................ .......... .......... $ 680,543 :Other M2 Interest ..................................................................................... 6 .................................. .Other* 7 S TOTAL REVENUES (Sum lines 1 to 7) 8 $ 3,217,557 E.xpen.ditures:... .......:........................................................................... T $ ......................................... M2 Fairshare _......................................................................................................................................................................... 9 $ 2,552,071 M2 Fairshare Interest ............................................................................................................................................................................ 10 $ 26,318 ;M2 CTFP (Project 0) .. ...............................................................I.............................. 11 $ 710,558 ;M2 CTFP Interest .............................................................:.............................................. 12 _ $ _ :Other M2 Funding**........................................................................ .... ..__. 13 --................................ $ 2,147,419 ......................................................... :Other M2 Interest 14 $ 26 :Other* 15 599,344.00 $ TOTAL EXPENDITURES (Sum lines 9 to 15) 16 $ 5,436,392 TOTAL BALANCE (Subtract line 16 from 8) 17 $ (2,218,835) * Please provide a specific description ** Please provide breakdown of "Other M2 Funding". Other M2 Funding includes funding received and/or funds expended by Local Agencies from any other M2 program besides Project 0 (Regional Capacity Program) and Project Q (Local Fair Share Program). Revenues Project Description Project Amount Interest Total Freeway Environmental Mitigation A -M $ $ $ Regional Traffic Signal Synchronization Program P $ $ $ High Frequency Metrolink Service R $ $ $ Transit Extensions to Metrolink S $ $ $ Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High -Speed Rail Systems T $ $ $ - Senior Mobility Program or Senior Non -Emergency Medical Program U $ 81,199.00 $ 26.00 $ 81,225.00 Community Based Transit/Circulators V $ _ $ _ $ _ Safe Transit Stops W $ _ $ $ _ Water Quality Program X $ 599,344.00 $ $ 599,344.00 Total $ 680,543.00 $ 26.00 $ 680,569.00 Expenditures Project Description Project Amount Interest Total Freeway Environmental Mitigation A -M $ - $ $ Regional Traffic Signal Synchronization Program P $ 232,398.00 $ $ 232,398.00 High Frequency Metrolink Service R $ - $ $ Transit Extensions to Metrolink S $ $ $ Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High -Speed Rail Systems T $ $ $ - Senior Mobility Program or Senior Non -Emergency Medical Program u $ 81,199.00 $ 26.00 $ 81,225.00 Community Based Transit/Circulators V $ - $ _ $ _ Safe Transit Stops W $ _ $ $ Water Quality Program X $ 1,833,822.00 $ 1 $ 1,833,822.00 Total $ 2,147,419.00 $ 26.00 $ 2,147,445.00 m O1 W t O Ln: Ln N:d': ij; Ln: :Ln N : m 00 ,t: N; Ln;LO; O1; I-; 00 O1: W: N:06::I, i"; ' LO; :n ':LO N: N; Ln: NI,QI :: : lO; :k6 F 00 00 00: ei: 00: :00: 00: :00 O ;Ln:LD: :e•i: d': id• F �•'i : �-•� : r-4: : N W t O :O: N: m:O: Ln: Ln :tO. 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N Ln.: LOT oo C Z N - N: M:: ,r: Ln: LD; n: 00: O1; J �: : N: y: lD y �; Yi : s ,•: : a, as v �3 _ ,: : ,zi o:w; in: x 0: >,i.2 ri {JJ O Y.y„•. H: `: O1, en: C": 00 00: O.: C U: 0. N: ?: :Q: . Oi`L-i Gi m C: :N: Y: OJ. Wi v. ...: d'i 0/. U: m: pi mi 0. O; t: £i v U. -0: M:s 0: 3: y_ C. -p; Y: L: r: C: aU+: 01: v; �:-' Cbo. i i C: G: Y' Y:• : a "O : 0: 0- O: m' O: Y K asu: �; 0 L9 ME i d y � LL N N � V} co: ; 00 00 Lin;'; ;Ln t`nn LL Un: cri[O' N ;lD: i f`i in 4j'�:4A.: V1 as o0 co 00 L : co: '° + :M: m m LO :' LO LLL i+ C cN c . V}. N 01 ;N: N: .-f I N lO ; ct -: O i Cq : M: m ry LO N :M; m? Ln • LL N y O:Q1: O1: 01 O1 0 U.O ; V : Ln : Ln Ln N:N: Cc V : : �' ; : �}' d• 01 0 i -L :ti:Oj d'; �•-�; lO; :lO :N:' -f: 0: M:0 O COM) LY V n: lO: Ql: .-I; : i -i : rl: N: lO: Ol: WlD ;m:r-�; OI; W; O; ;O ;M;. -i; N; LO; 00 O O N Mm :01:01:01: r:00 N lO :d•,LI1: :W; O: ;O :,-q: 00: co: 01i CO Ln 00 N : m 1p C4: :N: V: LD v1. v1.v1.iv1.v1 �: v1. N Ln.: LOT oo C Z N - N: M:: ,r: Ln: LD; n: 00: O1; J �: : N: y: lD y �; Yi : s ,•: : a, as v �3 _ ,: : ,zi o:w; in: x 0: >,i.2 ri {JJ O Y.y„•. H: `: O1, en: C": 00 00: O.: C U: 0. N: ?: :Q: . Oi`L-i Gi m C: :N: Y: OJ. Wi v. ...: d'i 0/. U: m: pi mi 0. O; t: £i v U. -0: M:s 0: 3: y_ C. -p; Y: L: r: C: aU+: 01: v; �:-' Cbo. i i C: G: Y' Y:• : a "O : 0: 0- O: m' O: Y K asu: �; 0 L9 ME ME City of Costa Mesa M2 Expenditure Report Fiscal Year Ended June 30, 2015 Fairshare Project List PROJECT NAME AMOUNT EXPENDED --------------------------------------------------------------------------------------------------------- The City expended Fairshare funds on Street Maintenance Citywide project. ----------------------------------------- -- 2,544,132 Project scope - rehabiliation to various City streets in need of improvement - - - -•------------------------------------------------------------------------------------------ in accordance with the Pavement Management System_ ------------------------------ --------------------------------------------- ---------------------------------------------------------------------------------------------------------- The City expended Fairshare funds to street rehabiliation projects - - - - - ---------------------------- 26,318 including resurfacing asphalt concretepavement/localized reconstruction----------------------------------------------------------- ------ of curbs and gutters, and sidewalk/installation and replacement of -------------------•------------------------- ---•----------------------------------------- traffic control. --------------------------------------------------------------------------------------------------------- -------------------------------------ffi-- -------------------- The City expended Fairshare funds for tra c data counts - ----------------------------------------7,939 ---------------------------------------------------------------------------------------------------------- ---------------------------------------•------------------------------------------------------------------ --------------------------------------------- ---------------------------------------------------------- --------•--- --------------•---------....------------------.....---•-------------------------•----------- --------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------•- ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- ----------------------------------------------------------•--------------------------------------------- ---------------------------------- - - - - -- ---------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------- - ----------------------------------------•------------------------------- - - - - -- ----------------------------•---------------------------------------------------- ------•------------------------------------------------------------------------------------------------ -------------------------------- - - - - ------------- - - - - -- ---------------------- ---------------- - - - - ----------------------------------------- - -• - -- ----------------------------------- ---------------------------------------------•------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------•--•------------------------------ --------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- -------------- - - - - -- ---------------------------------------•---•------------------•---------------------- --------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- ---------------------------------------•------------------•---------------.-.----•------------------------ ------------------------------------------------------------------------ - - - - - --------------------------------------------------------------------------------- ------ ------------------------- ----------------------- ------------------------- - ---------------------- ------------------------- $ 2,578,389.00 Schedule 4 (ED CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: CC -9 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR REMODELING AND/OR NEW CONSTRUCTION OF VARIOUS CITY FACILITIES DATE: NOVEMBER 19, 2015 FROM: PUBLIC SERVICES DEPARTMENT PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT RECOMMENDATION: FARIBA FAZELI, CITY ENGINEER, (714) 754-5335 Award a contract to Kitchell CEM, Inc., 940 South Coast Drive, Suite 115, Costa Mesa, California 92626 in an amount not to exceed $906,218.00 for professional services for construction management services for various City facilities. 2. Authorize the Mayor and the City Clerk to execute the Professional Services Agreement. BACKGROUND: Public Services staff is working with several architectural firms to prepare construction documents to remodel the Council Chambers and First Floor Conference Room, and conversion of the existing print shop on the first floor to a community meeting room. The construction is estimated to start in August 2016. In addition, staff is working with WLC Architects for the preparation of design and construction documents for a brand new facility Fire Station No. 1. The existing building was built in the early 1960's and has exceeded its useful life, and is no longer compliant with current standards and modern building codes. The construction phase is scheduled to begin in January 2017. In order to have successful projects, the services of a construction management company is needed to conduct a peer review of the construction documents prior to the construction advertisement, and to oversee the contractor's day to day work during the construction phase. ANALYSIS: In coordination with staff from various departments in the City, a scope of work for construction management services for various City projects was developed, and a Request for Proposals (RFP's) was issued to qualified consultants. The scope of work under this contract requires that the selected consultant provide the following construction management services to complete various City facilities: Pre -construction services - provide a review of construction documents and conduct a thorough constructability analysis. Attend various Commission and Council meetings. Prepare a project construction schedule. Review contractor submittals, track and log. Respond to contractor and coordinate with City staff. ■ Review contractor change order requests and coordinate with City. ■ Update construction plans as needed for a final as -built set to be submitted to the City. ■ Conduct weekly progress meetings with the contractor and City staff. ■ Review progress payments and recommend status to City staff. ■ Manage and track claims. ■ Provide quality assurance and inspections as necessary. ■ Prepare a detailed project punch list and substantial completion of the project. Coordinate corrections. ■ Provide project close-out services, maintenance manuals, as-builts, contract close-out, final project records, and close-out construction contract. In response to the City's RFP's, fifteen proposals were received on August 15, 2015. A panel of City staff carefully reviewed the proposals, interviewed the top four ranking firms, and found that Kitchell CEM, Inc. is well qualified to perform the required professional services. Proposals were reviewed for compliance with the City's Request for Proposals; project understanding and scope of work; related experience; experience of project team; and associated issues. During the evaluation process, Kitchell presented their firm as having a thorough understanding of the project; and demonstrated substantial experience and technical ability to perform the outlined scope of work. ALTERNATIVES CONSIDERED: An alternative to this Council action would be to not award a professional services contract for the stated project and provide further direction to staff. FISCAL REVIEW: Funding for the Fire Station No. 1 and the City Hall projects have been allocated from Capital Facility Funds and Capital Outlay Funds respectively. LEGAL REVIEW: The City Attorney has reviewed and approved the Professional Services Agreement as to content and form. CONCLUSION: It is recommended that the City Council award the design services contract to Kitchell CEM, Inc., in the amount of $906,218.00 for professional services for construction management services for various City facilities. ERNESTO MUNOZ FARIBA FAZELI Public Services Director City Engineer Attachment: 1. Professional Services Agreement with Kitchell CEM, Inc. c: Chief Executive Officer Assistant CEO City Attorney Director of Finance E ATTACHMENT 1 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM, INC. THIS AGREEMENT is made and entered into this 1st day of December, 2015 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and KITCHELL CEM, INC., a California Corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide construction management 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 City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed Nine Hundred Six Thousand Two Hundred and Eighteen Dollars ($906,218.00). 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 Kitchell CEM, Inc. PSA 15 the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, ending on November 17, 2020, 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 3 Kitchell CEM, Inc. PSA 15 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, 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 Kitchell CEM, Inc. PSA 15 H (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this reference. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5 Kitchell CEM, Inc. PSA 15 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: IF TO CITY: Kitchell CEM, Inc. City of Costa Mesa 940 South Coast Drive, Suite 115 77 Fair Drive Costa Mesa, CA 92626 Costa Mesa, CA 92626 Tel: (714) 278-4499 Tel: (714) 754-5303 Fax: (714) 754-5028 Attn: Wendy Cohen Attn: Robert Staples 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "F" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7.Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, 6 Kitchell CEM, Inc. PSA 15 transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 7 Kitchell CEM, Inc. PSA 15 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. g Kitchell CEM, Inc. PSA 15 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. ConStrLICtion. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of 9 Kitchell CEM, Inc. PSA 15 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 Mayor of the City of Costa Mesa CONSULTANT Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa Date: Date: 10 Kitchell CEM, Inc. PSA 15 APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management APPROVED AS TO CONTENT: Project Manager DEPARTMENT HEAD APPROVAL Ernesto Munoz, Director of Public Services DEPARTMENT HEAD APPROVAL Stephen Dunivent, Interim Finance Director Date Date: Date Date: Date: 11 Kitchell CEM, Inc. PSA 15 EXHIBIT A REQUEST FOR PROPOSALS 12 Kitchell CEM, Inc PSA 15 July 15, 2015 CITY OF COSTA MESA P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION SUBJECT: REQUEST FOR PROPOSALS (RFP's) TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR REMODELING AND/OR NEW CONSTRUCTION OF VARIOUS CITY'S FACILITIES Dear Consultant: The City of Costa Mesa is requesting a proposal from your firm to provide professional construction management services, for the next five years, on an as -needed basis, for various upcoming City facilities' projects. The schedule is as follows: ENGINEERING SCHEDULE DATE 1, Proposal Received by the City 8/14/15 2. City Council Award (Professional Services Agreement) 9/15/15 3. Kick off meeting 9/16/15 4. End of contract 9/16/20 Enclosed is a Request for Proposals to provide professional services for the subject projects. The proposal requirements and the necessary professional services required by the City are stated within the RFP's. The consultant shall provide all services as requested in the RFP's and stated in the submitted proposal. CITY OF COSTA MESA CONTACT PERSON The City of Costa Mesa contact person for this project is Fariba Fazeli, at (714) 754-5378. PROPOSAL SUBMITTAL REQUIREMENTS Please submit three (3) copies of the proposal and two (2) copies of the fee proposal no later than 3:00 p.m., on Friday, August 14, 2015. All proposals shall be delivered or mail to: Sincerely, Fariba Fazeli, P. E. City Engineer Fariba Fazeli, P. E. City of Costa Mesa Public Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa, CA 92628 Mailing Address: P.O. Box 1200, Costa Mesa, CA 92628-4193 PHONE: (714) 754-5343 FAX: -(714) 754-5028 TDD: (714) 754-5244 wwwxi xosta-mesaxa. us REQUEST FOR PROPOSALS (RFP's) TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR REMODELING AND/OR NEW CONSTRUCTION OF VARIOUS CITY'S FACILITIES 1. INTRODUCTION The City of Costa Mesa, California (City) is soliciting Request for Proposals (RFP's) for selection of a Construction Management (CM) firm for work related to remodeling and/or new construction of various City's facilities. Currently, the City has set aside sufficient funding towards the remodeling of Council Chambers, Conference Room 1A, Community Meeting Room and Employee Lounge located on the first floor of the City Hall, at 77 Fair Drive. The project also includes construction of an outdoor meeting area, and ADA and Audio/Video upgrades. The construction cost for the entire project is estimated at $3.0 million. The construction documents are 95% complete and construction is anticipated to start by January 2016. In addition, Fire Station No. 1, located at 2803 Royal Palm Drive, was built in the early 1960's. The existing building consists of a 2,750 Square Foot Engine room (Apparatus Bay/Garage) and a 6,725 Square Foot Living facilities (livable space). The existing Fire Station has exceeded its useful life, and is no longer compliant with current standards and modern building codes. In Fiscal Year 2015-2016, the City Council allocated partial funding towards the design and construction of a new Fire Station No. 1; approximately 8,500 S.F house with 3,500 S.F. garage. The Fire Station Structure will be located on the same site, owned by the City, at 2803 Royal Palm Drive. The construction cost is estimated at $4.5 million dollars. The conceptual design phase for this project is scheduled to start in August 2015. Pending funding availability, the construction for FS No.1 could take place during the time frame of January 2017 to July 2018. This RFP's will include professional construction management services; working closely with City project staff; review of the construction documents and constructability analysis; Prime Contractor prequalification; review and analysis of general contractor bid proposals and project schedules; construction oversight and coordination; and, post occupancy services such as project close-out and post inspections/job walks for the project and related site improvements. The objective of this RFP's is for the City to identify and select a Construction Management firm (with a proven track record by both the firm and the individuals to be assigned to the project) to provide comprehensive construction management and project oversight services for these high profile projects. The selected firm and identified staff shall demonstrate strong construction knowledge and background in construction of municipal buildings and facilities; be capable of providing leadership to the entire design and construction team and be able to work in close partnership with City staff; and be able to oversee/manage/control schedules and costs during all phases of the project construction. Strong organization, documentation and communication skills are also a must to be considered for selection. 2. CONTENT OF PROPOSAL To maintain uniformity, your proposal must be limited to a maximum of 25 pages (excluding front and back covers, section dividers, resumes, and photographs) and include the following: Statement of project understanding containing any suggestions to expedite the project or additional concerns that the City should be made aware of, and a project approach containing any scope of work tasks you feel are necessary for the successful completion of the project. A project team organization chart identifying those who will perform work, and a brief resume of each team member, including similar type projects in which they have been directly involved. Identify the Project Manager and the Project Engineer proposed for this project. The Project Manager will be the primary contact person to represent your firm and to conduct the presentation, if invited for an interview. Sub -consultants, if any, shall be identified in the proposal with the same requirements as for the main consultant. A list of similar projects that your firm has completed within the last five years. Information of the completed projects should include project name and description, agency or client name along with the person to contact and telephone number, year completed, engineering fee, and project construction cost. A proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner. A fee proposal provided in a separate sealed envelope. 3. CONSULTANT SELECTION COMMITTEE The Public Services Department of the City of Costa Mesa has established a Consultant Selection Committee consisting of at least four (4) members from this department who have acted in the capacity of Project Manager or Project Engineer for the City on previous similar projects. The evaluation of each proposal will be based on the technical information and qualifications presented in the proposal, reference checks, and other information, which will be gathered independently. 4. FEE PROPOSAL A. Two separate fee schedules for the project shall be submitted in a separate sealed envelope plainly labeled "Fee Proposal" with your company's name and the project title. B. A cover letter stating the not -to -exceed total lump sum fee. C. The fee schedule shall depict individual project tasks, man-hours, and basic hourly rates for specific personnel to be used. Personnel hourly rates will reflect all costs for office overhead, including direct and indirect costs. The fee proposal shall reflect all anticipated fee increased during the contract duration. D. Payment shall not be processed for any submitted invoices if the consultant is behind the design schedule for any of the outlined tasks. 5. ESTABLISHMENT OF FEES The fee proposal will not be opened until the Consultant Selection Committee has evaluated the consultants' submitted proposals. In conformance with the Mini -Brooks Act, the City will select the Consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the "not -to -exceed" fee submitted in the fee proposal. 6. PROFESSIONAL SERVICES AGREEMENT City of Costa Mesa has a sample of the Professional Services Agreement, which is available at the City for your review. The RFP's and the consultant's proposal will be attached to and become part of the executed agreement as exhibits. The City will not permit reduction in the City's "Scope of Consultant Services" without written approval. 7. INSURANCE REQUIREMENTS General Liability: $1,000,000 Automobile Liability: $1,000,000 Workers Compensation and Employers' Liability: $1,000,000 Professional Liability: $1,000,000 Additional and primary Insurance endorsements shall include the City of Costa Mesa. 8. SCOPE OF CONSULTANT SERVICES 1.0 Project Description: This scope of services is to provide the typical construction management and administration services for remodeling of Council Chambers, Conference Room 1A, Community Meeting Room and Employee Lounge as well as ADA and Audio/Video upgrades on the first floor of the City Hall, at 77 Fair Drive. The scope of services shall also include typical construction management and administration services for the construction of a new Fire station at 2803 Royal Palm Drive within the next four years. The following are the typical services and deliverables anticipated for this project. 2.1 Pre -Construction Services 2.2 Perform a thorough review of the construction documents and conduct a thorough constructability analysis. 2.3 Prepare the Construction Management Procedures Manual and provide an overview presentation to the project team for final review/acceptance. 2.4 Establish project filing and other record keeping systems. 2.5 Pre -Construction Meeting. Schedule, notify appropriate parties, and conduct an initial pre -construction meeting with the Contractor. Prepare and distribute pre -construction minutes to attendees and other parties. The pre -construction meeting shall cover, as a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, safety issues, emergency response requirements, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. Collect from the Contractor the submittal items required to be submitted at the pre -construction meeting. 2.6 Project Baseline Schedule. Conduct project schedule workshop for the Contractor's development of the baseline schedule adhering to the contract schedule specifications. Ensure the timely preparation, analysis and review with the City for acceptance prior to 1st payment. 3.1 Correspondence, Reports, and Other Forms of Communication 3.2 Document Standards. Prepare project correspondence and other forms of communication in accordance with industry standard document control and management procedures. 3.3 Document/Tracking Control. Manage the receipt, logging, control, tracking, and timely processing of project documents, including correspondence and other forms of communication, technical documents, shop drawings, calculations, data, submittals, manuals, and samples received as part of the construction process, non-compliance, work to be completed, and other tracking logs as requested. 3.4 Records. Maintain records of inspections, reports, and test results received from the Contractor, Design Engineer, manufacturers, and others. 4.1 Site Conditions and Progress Visual Documentation 4.2 Pre -Construction Video and Photos. Coordinate and review the Contractor's videotape and photos of pre -construction site conditions prior to beginning any construction operation. Confirm existing conditions within the limits of the work in adjacent areas and along access and haul roads. The Contractor's documentation shall clearly depict the pre-existing conditions of public and private improvements, including, but not limited to, street, drainage, utilities, landscaping, and irrigation improvements. Compare Contractor's pre - construction site surveys to the site surveys performed under this scope of work. Note any discrepancies and resolve issues. Describe in memorandum, submitted prior to the beginning of any construction operation, pre-existing damage identified within the limits of work and along access and haul roads. Meet with owners of pre-existing damage to document and confirm existing conditions. Document any damage to public and private improvements incurred during construction operations and meet with owners immediately following discovery of damage to resolve repair requirements and responsibilities. 4.3 Progress and Other Photos. Maintain a digital photographic library of significant critical construction scheduled activities. Include grading, relocated / added utilities, foundation and building structure. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate photographs taken by others into the overall photo documentation record of the project. 5.1 Meetings 5.2 Weekly and Monthly Construction Meetings. Schedule and conduct construction project meetings with the Contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other Contractors, status of change orders, submittals and RFIs, safety issues, OSHA visits and citations, and other topics. Identify action items and assign responsibility for the action and date action is to be completed. Prepare minutes of the meetings and include identified action items. Review the meeting minutes with the Contractor and obtain the Contractor's concurrence with the content. Distribute the minutes to the attendees within five calendar days of the meeting. 5.3 Other Meetings. Attend other construction -related meetings as requested by the City. 6.1 Shop Drawing and Submittal Reviews 6.2 Submittal Reviews. Review each submittal received from the Contractor for conformance with the requirements of the drawings and specifications. Check each submittal against the Contractor's schedule for potential resubmittals that may cause schedule impacts. Coordinate required reviews of submittals with the Design Engineer and the City. Submittals of a general nature are to be reviewed and processed by the Design Engineer. Distribute submittals to appropriate reviewers with dated transmittal letters. 6.3 Submittal Log and Status of Submittals. Log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the Contractor. Update the submittal log as items are received and responses given. Prepare weekly exception reports identifying outstanding submittals and reviews. Review with the Contractor the status of submittals at the weekly construction meeting using the submittal log and the master submittal list. 7.1 Plan and Specification Interpretation and Control 7.2 Requests for Information (RFI). Coordinate the RFI log. Review and respond to Contractor RFI. Make every effort to review and provide appropriate response to RFI prior to involving the Design Engineer. Distribute RFI to appropriate staff and coordinate timely response. Review answers and prepare formal response to Contractor within five calendar days of receipt of response, or as needed to meet schedule requirements. Respond in writing to Contractor questions from a reasonable review of the drawings and specifications for clarification items. Record changes in the record specifications and plans. 7.3 Requests for Changes in Design. Review and respond to requests for design revisions by the Contractor. Responses to requests for design revisions require prior written approval from the City and/or Design Engineer. Revisions in design may take the form of value engineering (VE) and shall require extensive research, evaluation, and recommendation from the Design Engineer. Provide written recommendations, as required. 7.4 Field Orders. Initiate and review field orders and schedule requirements when a change in the work is needed to maintain the design intent. Issue the field order to the Contractor and monitor the work for compliance. Track the issued field orders in a log. Record the changes in the record specifications and plans. If required, follow-up with a change order within 14 calendar days of mutual agreement with Contractor on pricing and conditions. 7.5 Substitution Requests. Coordinate evaluation of "or -equal" or product substitution requests with the Design Engineer, the City, vendors, manufacturers, and others. Prepare evaluation and recommendation for "or - equal" or product substitution request. 7.6 Record Drawings and Specifications. Update continually the plans and specifications as the work progresses. Incorporate modifications and changes from all sources, such as submittals, RFI, VE, field orders, extra work, and change orders. Compare the record drawings and specifications with the Contractor record drawings and specifications monthly. 8.1 Construction Management Administration and Special Staffing 8.2 Management. Oversee, perform, and coordinate construction management services including a process for on-going risk analysis as required to verify and assure the timely completion of the work. Prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor (City to process through Risk Management); coordinate subconsultants, testing, and specialty services; review daily inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies; interpret drawings, specifications, and reference standards; monitor construction activities and schedules; resolve constructability problems; coordinate connections and operations; prepare change orders; review and notify the Contractor of test results; investigate claims; perform inspections; review the Contractor's project record drawings periodically and concurrently with Contractor progress payments; prepare project punch lists; and all other duties related to construction management as requested by the City. 8.3 Resolution of Day -to -Day Construction Issues. Lead resolution of day-to-day construction issues raised. Coordinate with the City, Design Engineer, and Contractor on technical issues and concerns, as well as interpretation of the design documents. Interface with the Design Engineer for resolution of technical issues, processing of change order requests or design changes to suit actual conditions encountered in the field. 8.4 Provide labor compliance monitoring services in compliance with the California Department of Industrial Relations. 9.1 Project Schedule Updates and Progress Payment Applications 9.2 Monthly Review. Conduct monthly schedule and progress payment meetings with the Contractor and coordinate and update the record drawings at this meeting. The construction progress shall be based on an agreement between the Construction Manager and the Contractor of the physically installed bid item quantities. The result of these meetings shall be the update of the construction schedule and the progress payment estimate. Coordinate the review of the Contractor's monthly progress payment request with City staff and prepare a recommendation stating the proper amount of payment. Use the Schedule of Values and actual quantities installed as a basis for the recommendation. 9.3 Prepare detailed monthly progress reports to the satisfaction of the City. 10.1 Change Control Management 10.2 Identify and Track Changes. Identify and track potential changes to the work and schedule. Prepare, log, and monitor Contractor or City initiated changes to the work, extra work, and change orders. 10.3 Request for Quote (RFQ). Request cost proposals from the Contractor for extra work and negotiate final cost. 10.4 Justification of Extra Work or Change. Prepare written justification and cost estimates for each extra work or change item. Justification shall include a statement of the extra work or change; background leading to issue; resolution alternatives and resolution recommendation for action by the City. 10.5 Prepare Change Orders. Prepare and submit change orders in the City's format to the City for written approval within seven calendar days of the finalization of negotiations. 11.1 Claims Management 11.2 Identify and Track Claims. Identify, prepare, log, and monitor Contractor potential claims. Report verbal and written claims immediately to the City. Coordinate claims with the City's Project Manager, Risk Manager, and General Counsel Office. 11.3 Resolution Alternative. Prepare written explanation of each claim with full background of issues, proposed resolution alternatives, and resolution recommendation for action. 11.4 Negotiate and Resolve Claims. Assist and support the City in resolving claims minimizing the impacts and disputes, including written responses to Contractor and private parties, giving depositions, assisting with dispute resolution, arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. Negotiate claims to an agreed conclusion. 11.5 Private Party Claims. Investigate claims for damages by private parties and respond in writing within two calendar days of receipt of the claim. Coordinate the written response with the City's Project Manager and Risk Manager. 12.1 Quality Assurance 12.2 Inspection of the Work. Provide inspections as necessary to ensure that materials and workmanship are in compliance with the contract documents. Coordinate delivery, inspect for defects or missing parts, and oversee recording the receipt and storage of equipment. Inspect construction activities, which are identified in the contract documents to be performed at night, weekends, and/or holidays. 12.3 Reports. Prepare reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, noting delays in work and reasons for the delays, and deficiencies, which may impact the schedule. Prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. 12.4 Revisions to Contractor's Methods. Discuss appropriate revisions to the methods and procedures used in performing the work. Inspectors may not authorize extra work or approve of work that deviates from the contract documents. Any deviations must be authorized through the RFI process. 12.5 Deviations in the Work. Advice the City's Project Manager and the Contractor of deviations in the work and document any deviations. Record deviations that are not corrected and immediately deliver a Notice of Non - Compliance to the Contractor. Perform necessary follow-up to resolve Notices of Non -Compliance. Include unresolved Notices of Non -Compliance on substantial completion punch lists. 12.6 Pipeline Shutdowns. Coordinate necessary pipeline shutdowns, with City staff, to complete connections to existing facilities. 13.1 Geotechnical Engineering and Material Testing Services 13.2 General Requirements. Schedule sampling, material testing, and laboratory services in accordance with the methods prescribed in current standards of the American Society for Testing and Materials (ASTM). The standards shall be applicable to the class and nature of the articles or materials under review unless otherwise stipulated in the project specifications, or authorized in writing by the City. 14.1 Startup, Closeout, and Acceptance Services 14.2 Operation Testing Plan. The operational testing plan shall be developed in consultation with the City, Design Engineer, Contractor, and all appropriate vendors. Review and recommend the operational testing plan. Coordinate the testing of the equipment and facilities with the City, and assist Contractor's personnel as required during the startup phase. 14.3 Punch List. Prepare detailed project punch lists at substantial completion of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City and other parties. Provide certification of Contractor's compliance on work items specifically requested by the City. Verify that work, testing, cleanup, and Contractor demobilization are complete. 14.4 Final Walk -Through. Schedule, coordinate, and conduct a final walk-through and project review prior to the acceptance of work with the City. 14.5 Recommend Acceptance. Recommend acceptance of the work in writing in preparation for issuance of the Certificate of Substantial Completion and/or Notice of Completion. 15.1 Post Construction 15.2 Operations and Maintenance Materials. Deliver the Operations and Maintenance Manuals and any spare parts and equipment upon acceptance of the project by the City. 15.3 Record Drawings Certification. Review and certify that the Contractor's project record drawings are complete and accurate. Provide the drawings to the Design Engineer. 15.4 Final Payment. Recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements. Verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. Obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. Certify final payrolls as needed. 15.5 As-builts. Provide Contractor's red -lines to the City for as-builts 15.6 Closing Out Contract. Take the lead in negotiating and closing out the construction contract. Prepare the memorandum to the City recommending acceptance of the project and the Notice of Completion 15.7 Final Project Records and Documents. These records must be turned over to the City upon completion of the project 16.1 Extended Services (by separate fee request). 16.2 Other Services. If you believe there are other services that are directly related to project management administrative support services and that are not specifically listed above please indicated these services in your proposal. 9. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL Each consultant must fully know all project conditions and the effort required to successfully complete the project. Failure to do so will not relieve the selected consultant of the obligations to carry out the contract. 10. RIGHT TO REJECT ALL PROPOSALS A. 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 RFP's or otherwise. B. The City also reserves the right to award a portion of work or combination, thereof. C. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the consultant. 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 the consultant. All proposals submitted to the City of Costa Mesa become the property of the City. 11. SUMMARY The City appreciates participation, and the intent of this RFP's is to establish the minimum consultant services required. Prior to awarding a contract, all insurance documents must be submitted and approved. EXHIBIT B CONSULTANT'S PROPOSAL 13 Kitchell CEM, Inc. PSA 15 tIKITCHELL. August 14, 2015 Ms. Fariba Fazeli, PE, City Engineer City of Costa Mesa - Public Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa, CA 92628 RE: Request for Proposals to Provide Professional Construction Management Services for Remodeling and/or New Construction of Various City Facilities Dear Ms. Fazeli and Members of the Selection Committee: We are pleased to present our qualifications to the City of Costa Mesa as you continue the implementation of your Capital Improvement Program. We appreciate the opportunity to be considered as a team member for the various support services at the City of Costa Mesa. Based locally in Costa Mesa, the Kitchell team is excited about the opportunity to work in the community that they live and play in. The following are key differentiators our firm and team will bring to your projects. We Have the Experience. Since our inception, we have completed over $43 billion in public works construction, including municipal office and public safety facilities, courthouses, performing art centers, fire stations, theaters, museums, civic centers, schools and correctional centers. With a long history supporting California public entities, Kitchell has a vast amount of experience working with local agencies on new construction and renovation projects. We are specialists in the management of fire station projects throughout the state of California. We Have the Right Team. We have selected a team of experienced project managers who are well -versed in providing construction management services for a variety of projects in a public environment. Our team is versatile in their experience to match the variety of capital projects that the City has planned and can be scaled to meet the City's needs. Our project team has a depth of experience on a variety of projects including new construction and modernization. Depth of Resources. Our project team has access to Kitchell's in-house Engineering & Architectural Services Department which includes licensed architectural, civil, structural, mechanical and electrical professionals. These professionals serve as a valuable resource for our project managers during the course of any project. Our services also include scheduling, constructability and estimating. We Have the Right Approach. As your collaborative partner, our approach is centered around providing integrated solutions to manage the City's programs and projects. We have a proven method and approach to program and project management services and associated tasks, and are committed to delivering exceptional services in the most cost effective manner while ensuring open communications, transparent processes and procedures, enhancing stakeholder participation and delivering outstanding value. We thank you for your consideration and our team looks forward to presenting our qualifications and approach in person. Sincerely, AW4; Russell A. Fox President/Principal-in-Charge +ndyehePa Project Executive C KITCHELL Project Understanding ]],&o With over $368 million in essential service facility construction, as well as $7.3 billion in civic/municipal construction, Kitchell offers the flexibility necessary to provide the City of Costa Mesa with highly professional construction management resources. Kitchell's experienced project management team brings years of experience to each project that they work on. With our combined experience on municipal projects along with an understanding of your upcoming projects, we have developed what we think are the keys to success on these projects. KEYS TO New Fire Station Clearly understand project criteria with City to ensure the final design meets the criteria. Collaborate with the City during the entitlement and design phase to ensure the project budget and schedule is within the Council approved parameters. Leverage best practices for the design of fire stations across the state. Kitchell to coordinate a collaborative lessons learned with the City and Fire Staff. Work with the City to develop RFP for the design services and other consulting services required for the project. Understanding the key stakeholders on the project and determining the best way to include them in the project. I-MIKITCHILL Council Chambers, Conference Room, Community Meeting Room & Employee Lounge Ensuring all existing conditions have been identified and incorporated into the project drawings and bidding documents. Fully understand the City's needs during the construction of these spaces so appropriate phasing and logistics plans can be developed. Develop phasing and logistics plans for incorporation into the bid packages. Clearly communicate project impact to City stakeholders and the public, as necessary. This may include signage, weekly updates to the phasing logistics plan, etc. Coordinating closely with all aspects of the project including equipment, furniture, IT, audio/visual to ensure the spaces are fully completed before occupancy. MI'KITCHELL Project Approach With over 65 years of experience, our success is founded on taking the time to fully understand your goals and vision. Whether a project consists of renovating, expanding or constructing a new facility, we understand the process is complex and requires a high level of oversight and expertise. Kitchell's professional management services are designed to successfully delivery your programs and projects. Our experienced staff creates solutions for the most efficient, cost-effective, safe and secure facilities possible. Following is our abbreviated approach to providing construction management services. Preconstruction Phase Services Planning is the key to success. Our goals for preconstruction include working with all parties to plan the project to minimize any unknowns or discrepancies that could create possible changes and/or downtime during construction; to maximize the value of investment dollars, and remain within the construction expectations. Kitchell will achieve this by developing and implementing a management plan unique to each project that include a QA/QC program designed to support the architect and trade contractors with accurate feedback on systems design, phasing and execution, allowing the teams to make choices about the longest lasting systems. We will provide estimates and constructability reviews as necessary throughout the design process with suggested ways to minimize issues before they become issues on-site. Kitchell will develop a comprehensive 24/7 "low impact plan" that focuses on: Developing and Implement the project controls and administration systems Project phasing to allow for efficient project delivery and logistical coordination Developing a site-specific plan for construction parking & traffic, including relocation space Establishing well -marked alternative routes during construction, and managing additional staging and phasing of construction around special events Developing a materials management plan that includes staging and materials transportation Maintaining public and staff access to the buildings Communications & Project Procedure Effective communication of relevant and accurate information on a daily basis ensures that all members of the project team are informed of decisions or changes. Our project team is an extension of your staff to provide leadership and a sense of urgency to your projects; therefore, each team member will treat this project with the same sense of urgency, efficiency and purpose. Kitchell will lead the project team through the development of the project implementation plan, policies and procedures; and meet regularly with the client and user groups then use this collaborative input to streamline project operations. They will create a professional working environment for all individuals involved, this will ensure full participation and productivity of qualified technical professionals with the expertise required to complete a successful project. Project Document Controls & Coordination We understand the importance of sound project management practices, good record keeping and timely reporting in facilitating project success. Our management tools and software programs aid in keeping projects on time, on budget and meet the City's quality standards. Our project controls practice is to implement processes and procedures that successfully drive project -critical activities to completion. This practice includes planning, scheduling, well- planned prime trade contractor preparatory meetings for critical construction activities and assemblies, communications and construction cost control, as well as the application of work processes such as cost and schedule progress reporting procedures. We will lead the project team to address and mitigate corrective action plans and schedule recovery. We will oversee trade contractor coordination with the on-site inspectors. By pre -coordinating the inspection activities within the master project schedule that will support the requirements of the Inspection Department, all inspections will be scheduled in advance to avoid delays in follow-on work activities. We also perform observation during our normal course of activities while on the site. Any problems or issues identified by the IOR will be addressed with the project team proactively as they occur. We understand information processing is time sensitive during the construction process. Kitchell will work with the City and the project team to implement a web -based mobile access system to track and access posted drawings, RFIs, supplemental instructions, CPM schedules and submittals. This will allow the project team to communicate any issues and move quickly to resolve them. Kitchell's submittal activities will begin before construction starts. Kitchell will work with the prime trade contractors, the City and the selected project team to ensure submittal requirements are fulfilled and are tracked in the project administration software and in the master project schedule. This enables the project team to work from a submittal schedule tied to master project schedule dates. The project team can utilize the computerized submittal schedules and submittal logs to mitigate potential delays. Construction Phasing Strategy Working with the City staff, the Kitchell team will work collaboratively to develop a phasing and logistics plan that will minimize operational impact while at the same time ensuring appropriate infection control procedures are in place. As the projects progress, we will work collaboratively with the project teams to analyze, strategize and adjust the phasing plans to optimize construction progress. Our project team has worked closely with our healthcare clients to develop work plans that adapt construction to suit the dynamics involved with delivering projects at the City. Project Logistics Plan The projects logistic plan is prepared by Kitchell and presented to the City to ensure all site constraints and limitations are properly addressed and ongoing medical center operations are respected. The plan identifies and resolves project logistical challenges, such as ensuring construction is coordinated around public events, accommodates both the public and City employees who access these buildings. In addition, the logistics plan should take into effect the move out of staff and employees, temporary work spaces as needed as well as a move back in after construction is complete. Construction Phase Services Construction is the realization of your vision and the collective efforts of your design and construction partners. Our goal for the construction phase of the project is simple: EXECUTE. Kitchell's efforts during preconstruction will prepare the team for a project free from surprises. Our construction managers will begin working in the preconstruction phase to ensure continuity and understanding of the shared vision. We will be intimately involved in '!_�.KITCH E LL establishing our protocols for project administration system, Lean/BIM systems, QA/QC, constructability reviews and involvement and compiling bidding packages. During this phase, each project manager will serve as the City of Costa Mesa's eyes and ears and will work closely in providing construction oversight of the contractor. This is done by serving as your advocate in that we communicate the overall goals and work with the architect, contractor, inspector of record, maintenance and operations staff, and the staff so project challenges can be expedited and reasonable solutions can be explored and chosen. Ultimately, our on-site, daily management provides you with a layer of oversight and risk management that brings tremendous value by ensuring you receive what you paid for. When the Notice to Proceed is issued, we will have already completed the planning process. This will allow us to immediately get the work coordinated for the contractors to ensure the timely sequencing of work activities and establish and implement a comprehensive schedule and well defined quality control program. We will conduct project status meetings with the City, the architect, consultants and others as necessary to review project progress, coordinate activities and to resolve issues. We will coordinate with local and state agencies as required to track and monitor agency approvals. The goal for the project is to build faster, safer and with a critical, personal eye toward quality—translating to lower cost. Our team will implement the use of daily and monthly progress reports, with each serving specific purposes. While on-site, daily project information is collected and reported to develop a written history. Information included in these daily reports include activities performed, important events of the day, visitors, materials received, crew size, weather data and issues to resolve. Collection of daily reports document the daily construction events, the significance of which may only be known after project completion. Project Documentation Meeting Minutes & Monthly Reports Along with the establishment of published project procedures, we consider meetings an effective means of collaborating on ideas, resolving issues, building relationships, and reporting information in a relational environment. To memorialize important statements made and actions required, concise, accurate meeting minutes issued in a timely manner are just as important as the meetings themselves. We adhere to Kitchell's 48-hour turnaround policy on . - issuing meeting minutes. ff—OWITCHELL Requests for Information A key component to maintaining schedule and avoiding claims, during construction, is the prompt resolution of the contractors' requests for information (RFIs). For this reason, we have implemented an efficient RFI processing and monitoring system through our project administration software. We will use the RFI Log to track important received/sent dates and ball -in -court status. Also, the RFI Log prioritizes when a response is required to be submitted to the contractor. This will help mitigate delays due to delinquent RFI responses. The RFI Log is updated daily and is distributed to all team members as an attachment to the weekly meeting minutes. Submittals Kitchell's submittal activities begin weeks before the contractor begins work. To ensure that the contractor fulfills the specified submittal requirements, we thoroughly review the specifications to identify all required submittals and enter them in to our project administration software. This enables us to work from a submittal schedule tied to individual due dates. Once the contractor transmits submittals for approval, status transitions from "scheduled" to "logged" by simply entering actual receipt dates into the pre -entered submittal information. We utilize our computerized submittal schedules and submittal logs to mitigate delays due to delinquent contractor submittals or consultant reviews. IC:IKITC-HELL Issues & Issues Tracking The success of any project is dependent on how issues are addresses logged and handled. Without prompted resolution, small issues can become big issues. It is Kitchell's creed to handle all issues as fast as possible. What helps us to do this is using Prolog software to assist us with tracking various issues that need to be addressed on a project. The definition of an "issue" in this case is anything from non -conforming work—a punch list item, documentation not complete, a general QA/QC item or a safety concern that needs to be corrected. Quality Assurance/Quality Control Program Kitchell's quality assurance/quality control (QA/QC) program is driven by our deep commitment to deliver the best project quality for the City's investment, and includes thorough evaluation of the technical specifications during design to clarify quality requirements. Implementation of a comprehensive QA/QC program with the trade contractors includes pre -work meetings prior to each construction operation to ensure proper installations and applications. We will conduct the QA/QC program in a cooperative effort with the inspection team, including coordination of materials testing, special inspections and periodic evaluation of the inspection process. We will notify the trade contractors of deficiencies and follow through to ensure corrections are made in a timely manner. We will generate informal ongoing punchlists to correct deficiencies as the projects proceed instead of waiting until project conclusion when corrections become more difficult to implement. Experience with State Agencies We are familiar with California codes, policies and regulations along with business practices that are common, and in some cases, particular to the California market. We have experience working with a number of state agencies such as the State Fire Marshal, Regional Water Quality Control Boards, State Water Resources Control Board, CalTrans, and Air Quality Management Districts along with various city and city agencies and numerous public and private utility companies. We also have working knowledge and experience with both NEPA and CEQA procedures. Initial, Follow-up & City Inspections Initial inspections shall be performed by Kitchell at the beginning of any definable feature of work. During the initial inspection, Kitchell will ensure the correct products, methods and systems are being installed in accordance with the contract documents. Follow-up inspections shall be performed daily to ensure the control established during preparatory meeting and initial inspection continues to provide a product that con -forms to the contractual requirements. Trade contractors will be given a written correction list that shall be required to be corrected prior to requesting a final inspection. After Kitchell's inspection and verification that any necessary corrections have been made, Kitchell will formally request on the City's supplied inspection form a request for inspection. Similarly, certain scopes of work will require special inspections by the City's testing agencies. Trade contractors shall be required to notify Kitchell when such inspections or testing is required. This request can happen upon start-up of new activities or upon completion of a scope of work that requires testing and inspection. Kitchell, upon receiving an inspection request from the trade contractor, will have a field supervisor verify the work is installed per the contract documents and ready for inspection in the field. Cost Control Working closely with the City staff and the balance of the project team, we will use proven construction management tools and techniques to meet the project budget. Some of the key elements in our cost control process include estimating, design reviews, structured value engineering, use of a comprehensive cost control report and effective change order evaluation. Through our experience, we have the ability to "look ahead" to reduce the unknown factors that can create budget exceeding cost issues. Throughout the project, we will update the cost control report with emphasis on forecasting the final project cost and projected monthly expenditures. We take an active role in not only showing cost impacts as the project progresses but in providing alternatives and recommendations for maintaining costs within the final budget. Cost Estimating Our team has an established system to benchmark construction costs, track building systems and component costs in today's dollars. We will develop our estimates to provide the City with comprehensive information from which you can make critical project decisions. We will perform detailed quantity take -off estimates at each design submittal to verify the project scope remains within budget. These estimates will provide the City with an unbiased professional '� opinion of probable construction costs conducted by professional estimators. �CJKITCHELL- Change Order Mitigation Our primary focus in mitigating construction change order costs is through prevention. This begins with thoroughly reviewing design documents through our detailed design and constructability reviews to eliminate change orders before they happen. During construction, prompt resolution of the contractors' RFls will help mitigate change orders. For this reason, we have implemented an efficient RFI processing and monitoring system through our project administration software. Kitchell, in conjunction with the City and the architect, will develop and follow specific procedures for resolving change order disputes. The team will maintain emphasis on critical issues and ensure that all appropriate team members are informed of the proposed changes and the impact on cost and time immediately when issues arise. Schedule Control Project schedule control is among the most important functions of the services we will provide the City. Our project team is well versed in the process of overall program scheduling, as well as highly detailed project scheduling. Our project master schedule provides information in a concise, clear, and effective format. Careful monitoring and regular reporting of activities against this schedule will provide early information about overall progress. We will follow up on potential delay issues through active communication with the City staff and the project team. We will consistently review and monitor progress of the trade contractors' progress against the master schedule and provide recommendations necessary to avoid, minimize or recover from delays. We will use the weekly on-site project construction meetings as a forum to discuss the status of the schedule with the project team. We will continuously monitor the contractors' progress against the CPM project schedule and implement mitigation and/or recovery measure should contractors fall behind schedule. Claims Prevention, Review & Negotiation Claims Avoidance As a construction manager, Kitchell is responsible for implementing a project designed to mitigate or avoid claims. We believe that the best tool for resolution of conflicts is the avoidance of conflicts in the first place. The avoidance of claims during construction begins in the design process. Complete and coordinated documents will go a long way in preventing claims and litigation at the end of a project. Our design reviews focus not only on the technical aspects of the design but also on the comprehensiveness of the documents. We serve as a second set of eyes, looking at the documents from a different perspective than a designer. This process has proven to be one of the most cost effective in avoiding problems further down the road. The development of a workable set of front end documents is also important in claims avoidance. By clearly establishing the requirements during bidding, there should be little question later as to what was really required of the contractor. These documents also establish the appropriate project controls that allow us to monitor the contractor's operations. During construction, diligently following established processes and procedures will help to keep the project under control. A key to success is the preconstruction conference. Contract requirements will be clearly communicated and enforced. Most importantly, issues will be proactively addressed and fairly and equitably resolved so as to have minimal impact on the project, the contractor and any follow-on work. We believe that open and honest communication between all parties is the best tool for effectively and efficiently managing conflict. We will hold weekly coordination meetings to address these in a "formal" atmosphere. More importantly, however, will be day-to-day communication to avert the majority of potential issues. In addition, through proactively establishing a thorough and detailed schedule up front, potential areas of conflict are identified and efforts made to avoid them are taken. Claims Review & Negotiation Claims and litigation cannot be totally avoided in every project, as unanticipated events occur. However, practical experience proves that certain types of claim problems can occur, and that there are recognizable patterns in delay -causing events. Prevention and mitigation involves discerning these patterns and anticipating their effects. Sources of claims include—but are not limited to—scope change, delay claims, differing site conditions, errors and omissions on drawings, implied warranty, inaction by owner's team, owner -furnished items that differ or do not arrive on time, work stoppages, and weather delays. The first step in the mitigation process is simply recognizing that a delay situation exists. One then proceeds with the identification of the cause(s) of the delay. The underlying basis of the delay must be confronted and resolved. Often, identification of the cause requires extensive analysis and insight. During the evaluation of bids, it is a good idea to look into claims leveled on previous clients by contractors in question. N�, f�■■■----�-�-- r,;�• 11111®,11151111 Avoiding Claims at the Job -site g In early 2009, the State Department of Finance suspended all capital outlay projects, including those currently under construction. This directly impacted the Department of ,�.gir�fi®���,i„ Social Services Headquarters and Training Center project, and also imposed a safety concern IIwo, U,��f��®�®����� as the building was undergoing asbestos abatement and containment. Kitchell coordinated 71 meticulously with the general contractor to maintain job -site safety and to mitigate the meticulously R ■ ■ cost and schedule impacts. Most of the vital subcontractors were unable to maintain an had demobilize labor forces. Kitchell TRIP, on-site presence and to equipment and successfully negotiated the final cost proposal from the general contractor (and included subcontractors) to avoid potential claims and reduced the cost proposal by approximately $240,000 in final settlement, and shaving 28 days off their proposed schedule extension to 77 days of impact. - We also worked methodically with the contractor's team to ensure the re -mobilization + process did not further impact the schedule, resulting in additional project savings. Critical to this entire process was Kitchell's ability to maintain positive and professional working relationships with the contractor's team and DGS, ultimately leading to a successful project - completion for all parties involved. 1_M[_K1TCH,ELL� Contractors with a history of heavy claims, while still able to submit a bid under the public contract code, can be anticipated, and other preventive measures such can be implemented. During the construction phase, the following strategies are recommended in order to limit the impact and financial exposure of delay claims. Using our services will minimize claims by having a good set of drawings, good, enforceable general conditions/specifications and sound documentation. Our team has an official "Procedures Manual" and trains our project managers and field personnel on its use. Granting prompt time extensions for excusable delays and avoiding construction acceleration Providing timely responses to critical information requests Establishing a document control system that includes proper claim documentation and resolution procedures Avoiding postponing the resolution of disputes Resolving change orders throughout the project's duration Claim Analysis Process Establishing the components of the contractor's time extensions request Establishing detailed scheduling requirements Ensuring owner approval of the contractor's baseline schedule Maintaining owner's schedule as mirror image of contractor's schedule Obtain lien releases with each monthly contractor request for payment Avoiding interference with the contractor's work Kitchell is committed to meeting your goals with a project team approach. The proposed staff has been selected and advanced because of their skill at delivering successful projects using a collaborative approach. The Kitchell team approach will recognize and incorporate the value that all project participants bring to the process. We pledge to foster an inclusive and professional relationship with all project team members. A well-defined team is particularly useful in evaluating potential claims and change orders. Having a wide range of subject -matter experts, construction and engineering professionals, we will be able to review, assess and recommend action on additional cost matters, and scope entitlement or denials. Lastly, we can identify if contractor costs are appropriate based on our database of costs estimates developed for multiple projects in the region. The evaluation of construction claims is a three-step process of analysis, as explained to the right. �MJKITCHEL L Closeout Phase Services Commissioning Implementing the commissioning scope in an occupied facility is unique in that one needs to always consider if and how functional test implementation can affect patients and staff in surrounding occupied areas. Due to Kitchell's experience in commissioning similar facilities we understand the importance of coordination with facilities management and staff to minimize if not completely eliminate inconveniences. Warranty Phase Warranty phase support will be implemented by providing facilities staff a direct contact with the Kitchell team. The preliminary master project schedule includes monthly site reviews with the City, prime trade contractors and Kitchell. Upon notification of an issue with equipment or system(s) our team will immediately contact the appropriate vendor, contractor, or sub -contractor to address the issue. Additionally, monthly scheduling and coordination during the warranty phase will be provided by our team. A representative from our team will be on-site during any warranty phase work to coordinate with facilities staff and vendors to ensure equipment or systems issues are addressed in alignment with the City operating procedures and requirements. All warranty phase work and correspondence will be documented by our team and placed in the Systems Manual for the owner's convenience. Essential Service Facility Construction FIRE STATIONS POLICE STATIONS PUBLIC SAFETY CENTERS • Civic/Municpal Construction PUBLIC WORKS GOVERNMENT CENTERS OFFICES Public Sector Construction 11 2 Project Team 0 Established in 1950, Kitchell is a 100% employee -owned company. Our roots are 13 in general contracting and construction management services. As the construction fl' industry grew, Kitchell recognized the need for improved, flexible methods for meeting construction challenges. Our firm's many innovations in building processes, diversity of services and experienced team of professionals have earned us a stellar reputation for superior performance. We are consistently ranked amongst the top 100 construction management firms by ENR. Focusing on the public sector has allowed us to develop management and project control techniques targeted to its specific needs. Our methods have been very successful—more than 85% of our work comes from repeat clients. We deliver our services using a variety of delivery strategies including agency and multiple -prime construction management, CMAR, lease -leaseback, design - build and the traditional design -bid -build. Unlike most firms, Kitchell has an in-house Engineering & Architectural Services Department (included in our support services team) who can provide architectural, mechanical, electrical, structural, civil and industrial engineering design and peer/constructability reviews, as well as facility evaluations, needs assessments, BIM, life cycle studies, value engineering, energy studies, specifications development and facility maintenance. Subconsultant To support our project team, we have included Ninyo & Moore as our subconsultant for geotechnical engineering and material testing services. Ninyo & Moore, a California corporation, is a minority-owned, multi -disciplinary consulting firm that provides high- quality geotechnical and environmental consulting services. The firm was incorporated in 1986 to provide high-quality consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. Ninyo & Moore's soils technicians are trained by geotechnical engineers under accreditation procedures approved by the American Association of State Highway Officials (AASHTO). Thier concrete technicians are certified by the American Concrete Institute (ACI). Their construction inspectors are certified in the disciplines of concrete, prestressed concrete, masonry, structural steel, and fireproofing by the International Code Council (ICC). Additionally, selected structural steel inspectors are certified by the American Welding Society (AWS). Ninyo & Moore's inspectors are also certified by agencies and building inspection departments for which they have performed a number of projects, including CalTrans, the City of San Diego and the City of Los Angeles. The firm's 390 professionals also include registered geotechnical and civil engineers, geologists, hydrogeologists, engineering geologists, geophysicists, environmental scientists, and specialists in fields such as regulatory issues and interpretation, hazardous waste management, health and safety, and remedial action planning. �N_JKITCNELL Organizational Chart BILL JOHAL, DBIA, LEED AP FIRE STATION CONSTRUCTION SPECIALIST PROJECT MANAGERS NAREG MOU RADIAN, LEED AP (Primary Contact Person) PROJECT ENGINEERS MOHAMAD BIRAKDAR, QsP INSPECTIONS & GEOTECHNICAL/ MATERIAL TESTING (Subconsultant: Ninyo & Moore) GARRETH M. SAIKI, PE, GE Russell A. Fox Principal -in -Charge Matt Enochs, PsP Scheduling Manager 0KITCNELL WENDY COHEN PROJECT EXECUTIVE PROJECT MANAGERS JASON YI , RICARDO CANO NICK FARANO, LEED AP BD +C GEOFF BACHANAS ; NAWAR AL JUBURI, CCM, LEED GREEN ASSOC. PROJECT ENGINEERS DAVE NUNO, EIT , ERIN BISHOP INSPECTIONS & GEOTECHNICAL/MATERIAL TESTING (Subconsultant: Ninyo & Moore) GARRETH M. SAIKI, PE, GE Tim Prechel Estimating Manager Heather Brown, PE, CPMP, LEED AP Engineering & Architectural Services Manager Education WENDY COHEN PROJECT EXECUTIVE Wendy brings 20 years of experience in planning, development and construction to the company's growing Southern California practice providing an array of program and construction management services to owners and project teams. She has worked in all aspects of the construction industry including general contractor, construction manager, consultant and an owner. Wendy has a strong background in civic/municipal facilities, healthcare, senior living and K-12 education. She is committed to creating and leading high-performance teams that deliver exceptional outcomes. Civil Engineering, SIMILAR PROJECT EXPERIENCE California Polytechnic City of San Diego, Fire Station No. 3, San Diego, CA: A two-story, 2,823 SF facility, includes University, San Luis Obispo replacement of the HVAC system, flat roof covering, dorm room reconstruction, addition of an Affiliations ADA compliant restroom and kitchen reconfiguraton. Construction Management City of San Diego, Fire Station No.8, San Diego, CA: A one-story, 3,272 SF facility built in 1964 Association of America includes the addition of a new kitchen, training/watch room/bull pen/ready room, laundry/work room and ADA restroom. Modifications will also be made to various systems throughout the Lean Construction Institute facility. City of San Diego, Fire Station No. 15, San Diego, CA: A one-story, 3,094 SF building, include the design of a new kitchen/dining/meeting room and ADA restrooms. We are also providing necessary services to bring the facility up to code. City of Santa Monica, Parking Structure Elevators & Public Works Operations Facility, CA: A $6.2 million modernization project to bring the elevators in three parking structures code compliant, as well as a tenant improvement renovation of the Public Works Warehouse. The project installs nine new code compliant elevators in Parking Structures 2, 4 and 5, reducing maintenance costs and enhancing the community's experience to the local downtown area. Alga Norte Community Park, Carlsbad, CA: A new $32 million, 32 -acre design -build community park featuring three softball/baseball fields, batting cages, basketball courts, picnic/ barbecue areas, a playground with universally accessible equipment, concessions, an Olympic aquatic center with multiple pools for swim instruction, water sports, competitive training, water therapy and open play. Also included is an off -leash dog park with obstacle course -type play equipment and an 18,500 SF skate park. Santa Monica Parking Structure 6, Santa Monica, CA: A new $43 million, 11 -story, 750 -car parking structure featuring 30 electrical vehicle charging stations and infrastructure for future charging stations, a 90 -bicycle bike rack and rooftop solar panels. The structure is anticipated to achieve LEED Silver certification. Ponderosa Park & Family Resource Center, Anaheim, CA: A $12 million redevelopment that includes the remodel of an 18,636 SF facility and a 3,747 SF outdoor playground, skate park and water play area, as well as ADA restrooms. Miraloma Park & Community Center, Anaheim, CA: A 4,181 SF renovation, 287 SF addition, solar panels; commissioning and constructability reviews. City of Carlsbad, Dove & Georgina Cole City Libraries, Carlsbad, CA: A renovation and technology modernization of two libraries, which have more than 800,000 visitors and 1.3 million items circulated annually. [EWITCHELL Education BS, Construction Management, Cal Poly San Luis Obispo BILL JOHAL, CCM, DBIA, LEED AP FIRE STATION CONSTRUCTION SPECIALIST Bill considers his involvement on any project as the fulcrum of continuity. He recognizes, after 20 years in the construction industry, a fine line exists between a project spiraling out of control or running seamlessly despite any challenges—and the latter is what he always aims for. Through his experiences he has learned the art of conversation, where hearing and comprehending what the other person conveys is just as important as speaking oneself. Bill's participation with pubic safety and essential service facilities—such as the Central Marin Police Station and Novato Fire Station No. 64—has included time connecting with all the stakeholders. A mammoth task to some, but Bill knows the diligence paid early in a project's life serves to benefit all. Registrations & Certifications SIMILAR PROJECT EXPERIENCE Certified Construction City of San Rafael Essential Services Facility Improvements, San Rafael, CA: Modernization Manager and new construction for the City's public safety facilities totaling approximately $55 million, which includes seven fire stations and a police station. Designated Design -Build Professional Novato Fire Station No. 64, Novato, CA: A new $7.5 million, 7,500 SF, two -bay double -deep fire station. The new station will feature residential living areas including a day room, dorms, dining LEED Accredited Professional room/kitchen, and exercise/fitness rooms, as well as administrative space and training areas. The project is anticipated to achieve LEED Platinum certification. City of Hayward Fire Stations No. 1- 6 & Fire Training Center, Hayward, CA: A $20 million project consisting of improvements to six fire stations including seismic upgrades, plumbing, electrical, HVAC, roofing, windows, doors, flooring, energy efficiency modifications, kitchen/ restroom remodels, ADA/safety modifications, room additions, solar panels as well as construction of a replacement training center complex. City of Vacaville, Fire Station No. 75, Vacaville, CA: A new $6 million fire station. Central Marin Police Station, Larkspur, CA: A new $18.5 million, two-story, 18,000 SF police station with a 911 dispatch center, holding cells, a state-of-the-art emergency operations center and community room, as well as staff offices and locker rooms. The project achieved LEED Platinum certification. Novato Civic Center City Administration Offices, Novato, CA: A new $15.3 million 21,200 SF, two-story office building located within the downtown Novato civic center. Located adjacent to the Novato Police Station and the recently reconstructed City Hall, the office building includes 26 spaces of podium parking beneath the building. ADDITIONAL PROJECT EXPERIENCE Sacramento Community Center Theater, Sacramento, CA: A $51 million renovation of an 80,000 SF, 2,452 -seat theater. The primary goal of the renovation focuses on allowing the theater to be more user-friendly and accessible to patrons with disabilities, creating and improving the image of the facility, and enhancing the experience of the audience. Harris Center for the Arts I Three Stages at Folsom Lake College, Folsom, CA: A new $40 million, two-story, 89,395 SF performing and instructional arts facility. Education Executive MBA, Chapman University BS, Construction Engineering Technology, Cal Poly Pomona Registrations & Certifications LEED Accredited Professional �NJKITCNELL, NAREG MOURADIAN, L E E D AP, PROJECT MANAGER -CORE TEAM Nareg's attention to detail and desire to deliver extraordinary projects are why clients and colleagues want to work with him. With more than 10 years of hands-on construction experience, Nareg is an accomplished project manager, he ensures work is completed on time, within budget and according to plans and specifications. In addition, Nareg's experience and relationships with a project's multiple stakeholders fosters his ability to work closely with contractors to anticipate and address issues quickly, as well as identify solutions that will not affect the project's budget and/or schedule. Nareg is known for managing complex projects within the public eye that require consistent communication and effective logistics planning. SIMILAR PROJECT EXPERIENCE Ponderosa Park & Family Resource Center, Anaheim, CA: A $12 million redevelopment that includes the remodel of an 18,636 SF facility and a 3,747 SF outdoor playground, skate park and water play area, as well as ADA restrooms Cal Poly University, Pomona Library Expansion, Pomona, CA: A $50 million, 80,000 SF library renovation and five -story steel structure addition that included building a multipurpose room, lecture rooms and other community gathering spaces. The Disneyland Resort, Anaheim, CA: Various projects within the Disneyland Resort including many fast track projects, such as the renovation of restaurants, office space, themed attractions, data center upgrades and back of house infrastructure. Lead turn -key project management through all phases of development, from initial analysis through closeout. Managed multiple projects, deliverables, milestones, schedules and budgets simultaneously. ADDITIONAL PROJECT EXPERIENCE USC Hospital Norris Tower Addition, Los Angeles, CA: A new $90 million, 191,000 SF, nine - story building with a basement and a mechanical floor featuring exam rooms, operating rooms, ICU rooms and patient rooms, along with other support facilities. City of Hope National Replacement Hospital, Duarte, CA: A new $120 million, 350,000 SF steel moment frame structure consisting of one basement floor and six above -ground stories. Kaiser Permanente, Central Mechanical/IT Plant, Los Angeles, CA: A $11 million, 11,000 SF central plant and infrastructure technology expansion in an existing masonry building. The project required careful coordination of utility shutdowns and interface with project stakeholders. Kaiser Permanente Optometry Center, Los Angeles, CA: A $1.2 million, 7,800 SF tenant improvement to facilitate medical eye care including four exam rooms, doctor offices, custom ceilings and optometry laboratory. Pechanga Resort & Casino Golf Course Clubhouse, Temecula, CA: A new $40 million, three- story clubhouse with steel structure with aluminum clad wood window system. The clubhouse serves as a gathering and event space for the resort with a strong emphasis on visitor hospitality and recreation. Apple Computer, Inc.: A $4 million, 5,000 SF high-end tenant improvement in an historic building which required a seismic upgrade including new foundations. Project included maple floors, Level 5 finishes and custom ceilings. Education BS, Civil Engineering, University of Iowa MOHAMAD BIRAKDAR, QSP PROJECT ENGINEER -CORE TEAM Mohamad is an experienced project engineer with over ten years of construction experience on a variety of projects including education, laboratory and civil infrastructure projects. He has demonstrated experience working with DSA, schedule and budget management, facility and staff coordination, project documentation and closeout. Mohamad has worked on projects ranging from $10 million to over $50 million with responsibilities such as document control, meeting minutes, daily reports and monthly reports. He is a strong team member and works collaboratively with each project stakeholder including DSA to coordinate information in support of the project. SIMILAR PROJECT EXPERIENCE Registrations & Certifications Long Beach Unified School District, Lakewood High School Renovation and Remodel, Lakewood, CA: A $36 million remodeling project which included the renovation of updating Qualified Storm Water of facilities for 10 two-story buildings. The project included modernization of existing Preventer (QSP) administration offices and library; workrooms for faculty and staff; multipurpose cafeteria and OSHA 10 -Hour kitchen; general, vocational and science classrooms; gymnasium and locker rooms; and the auditorium. Port of Long Beach, Operation and Administration Buildings, Long Beach, CA: A $49 million project consisting of phased construction of an approximately 46,000 SF LEED Silver certified Administration Building, an approximately 30,000 SF LEED Silver certified Operations Building, an approximately 800 SF driver services building, temporary guard shacks, and associated employee/visitor parking. The project included heavy civil underground utility construction for new water, reclaimed water, storm drain, and waste lines. A Health and Safety plan for the excavation and disposal of contaminated soil in compliance with SCAQMD regulation was required. ADDITIONAL PROJECT EXPERIENCE Advanced Water Quality Assurance Laboratory, Fountain Valley, CA: A new $32 million multi -story building featuring highly sophisticated laboratory equipment and water quality testing systems including high -purity gas piping systems, powerful HVAC equipment and lab fume hoods, state-of-the-art reverse osmosis systems, and technical sterilizer components. The successful completion of this facility has increased the Orange County Water District's (OCWD) ability to test drinking -water samples for a variety of contaminants by more than 50%. The facility utilizes design components and construction practices in compliance with LEED certification levels of sustainability. Santa Monica College, The Eli & Edythe Broad Stage, Santa Monica, CA: A $48 million, 52,000 SF facility consisting of a 499 -seat state-of-the-art performance theater and 99 -seat experimental black box theater. The facility also includes 2,025 SF of rehearsal rooms, four dressing rooms, classrooms and practice facilities, an orchestra lift, technologically advanced sound and performance lighting systems accompanied by two lighting bridges and a full fly space supported by 37 lines of counterweight rigging and auxiliary support spaces. The project also includes a 300 -space parking lot. MMKITCNELL Education MBA, University of California, Davis MS, Civil Engineering, University of California, Berkeley BS, Civil Engineering, University of California, Berkeley Registrations & Certifications GARRETH M. SAIKI, PE, GE GEOTECHNICAL ENGINEER/MATERIAL TESTING - CORE TEAM & ON-CALL TEAM As principal engineer for Ninyo &Moore, Garreth coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; provides supervision and technical support to staff -level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavement, residential and commercial structures.. SIMILAR PROJECT EXPERIENCE City of Fontana, Fire Station No. 78, Fontana, CA: Geotechnical consulting services relative to the design of a proposed fire station to be located on a vacant site. Services included a review of geologic and historical background information, subsurface exploration consisting of drilling, sampling, and logging of three exploratory borings, and laboratory testing to evaluate the characteristics of the on-site soils. Registered Civil Engineer - City of Cypress, Fire Station No. 17, Cypress, CA: Geotechnical consulting services of the CA #49665 replacement of the existing fire station. Services included a review of the published geologic background documents, subsurface exploration consisting of drilling, sampling, and logging Geotechnical Engineer - of several small -diameter borings, and laboratory testing to evaluate the characteristics of the CA #2509 subsurface soils. Nuclear Gauge Operator City of Los Angeles, Fire Station No. 82, Los Angeles, CA: Geotechnical construction support Certification services for a new fire station consisting of a three-story, steel -frame structure supported on shallow footing foundations and a slab -on -grade. The fire station included an apparatus room, living quarters, a hose tower and training/parking area. Services consisted of geotechnical observation of the building pad over excavation, which extended 3 FT below the building slab, scarification and compaction of the over excavation bottom, and field density testing of the pad backfill. City of Los Angeles, Fire Station No. 78, Los Angeles, CA: Construction support services during the construction of a new fire station. Services included coordination with City's representatives to provide field density testing during the over excavation and re -compaction of the building pad for the proposed fire station, trench backfill, wall backfill, pavement subgrade and aggregate base. At the end of the project, Ninyo & Moore submitted an as - graded compaction report to the Los Angeles Department of Building & Safety (LADBS), which summarized our compaction test results. CDCR CSP Correctional Treatment Facilities, San Quentin, Frontera, Bythe, Imperial & Vacaville, CA: Geotechnical evaluations for proposed new facilities and building additions at five existing state prison—San Quentin, Frontera, Blythe, Imperial and Vacaville, California. The purpose of the geotechnical evaluations was to develop data regarding the on-site subsurface soil and geologic conditions on-site and to prepare recommendations for the geotechnical aspects of the design and construction of the proposed structures. [MIKITCH111L Education BA, Architecture, California Polytechnic University San Luis Obispo Registrations & Certifications OSHA 10 -Hour A I KItC11ELLJ PROJECT MANAGER - ON-CALL TEAM Jason has over 10 years of experience focused on the construction of educational facilities and other public sector projects. As a highly skilled professional experienced in many facets of a construction project, he is knowledgeable in alternative delivery methods, well -versed in bid management, contracts and budget management, schedule development, schedule and project status reports and coordination and oversight of subcontractors. SIMILAR PROJECT EXPERIENCE Novato Fire Station No. 64, Novato, CA: A new $7.5 million, 7,500 SF, two -bay double -deep fire station. The new station will feature residential living areas including a day room, dorms, dining room/kitchen, and exercise/fitness rooms, as well as administrative space and training areas. The project is anticipated to achieve LEED Platinum certification. City of Hayward Fire Stations No.1 — 6 & Fire Training Center, Hayward, CA: A $20 million project consisting of improvements to six fire stations including seismic upgrades, plumbing, electrical, HVAC, roofing, windows, doors, flooring, energy efficiency modifications, kitchen/restroom remodels, ADA/safety modifications, room additions, solar panels as well as construction of a replacement training center complex. Club at West Park, Roseville, CA: A new $5 million, 10,333 SF active -adult clubhouse located in a Del Webb community. The clubhouse features a fitness and yoga area, game/TV room with card tables, billiards, big screen TVs, a snack bar, meeting rooms, an outdoor pool with BBQ pit with a pool, a recreational area including a bocce court. UC Davis Welcome Center, Davis, CA: A 7,320 SF interior tenant improvement on the first level of the conference center facility within the graduate school of management and conference center complex. Tenant improvements include an entry lobby, information/reception desk, digital lounge, computer kiosk, retail shop, director's office, a communication room, two private offices and open office area, conference rooms with moveable wall divider, a presentation hall with seating for 120 people, a stage, and a green room. UC Davis, Sagres Remodel, Davis, CA: A $1.6 million, 5,000 SF tenant improvement project that included the addition of a 3,500 SF vivarium and modernization of the existing wet labs area. Roseville Community School District, Woodbridge Elementary School Modernization, Roseville, CA: A $3.1 million renovation and addition project consisting of updating the existing school and the addition of a multipurpose room and kitchen. ADDITIONAL PROJECT EXPERIENCE Harris Center for the Arts I Three Stages at Folsom Lake College, Folsom, CA: A new $40 million, two-story, 89,395 SF performing and instructional arts facility. The project includes an 850-5eat multipurpose theater, a full fly tower and orchestra pit, a 210 -seat studio theatre, 110 - seat recital hall, choral rehearsal hall, scene shop, as well as other back -of -house and technical theater and music education facilities. The project also includes faculty and administrative offices and a public lobby area, gallery, art education and public support functions. Barbara Chilton Middle School, Roseville, CA: A new $32.5 million. 91,000 SF middle school consisting of 11 buildings including an administration building, exploritorium building, media center, kitchen building, performing arts building, physical education/locker room building, multi -use building, three classroom buildings and a science lab building. Education BS, Business Operations, California State University, Los Angeles [MIK-ITCHELL PROJECT MANAGER - ON-CALL TEAM Ricardo has more than 24 years of experience in consulting, project management and construction management, as well as more than 10 years in the government sector where he managed more than $500 million of projects. He has been instrumental in establishing strategic relationships with the respective government, utility and jurisdictional agencies resulting in the successful delivery of over 200 projects. His experience in contract management, budget management, change management and project close out is extensive and includes developing scope, schedule, project priorities, budgets & execution plans. Ricardo's success in managing projects is founded by his hands on experience, relationships with agency management, communication, collaboration and project management leadership. SIMILAR PROJECT EXPERIENCE Alan M. Crogan Youth Treatment & Education Center, Riverside, CA: A $38.4 million project which will demolish an existing 24,000 SF building and design and construct a new, approximately 61,000 SF single story building including intake (assessment unit), kitchen, medical and housing facilities, with space for program, custody, administrative, and support services to address the needs of approximately 106 high-risk juvenile offenders. ADDITIONAL PROJECT EXPERIENCE Los Angeles Unified School District, Los Angeles, CA: Ricardo served as project manager on multiple projects at several school locations. His responsibilities included managing off-site development, management of utility design, removal and installation, completion of pedestrian and traffic CEQA mitigation requirements, coordination and management of design professional teams, agency coordination and approval processes. Budget management was one of his tasks at LAUSD, where he worked to develop and maintain the budget while being sure to communicate with the owner. While working on the projects, Ricardo worked with the LA Department of Transportation to bring the shared budget with the City of $2 million down to $500,000. Long Beach City College, Long Beach, CA: Ricardo acted as the Contract and Procurement Project Manager for a $78 million campus addition totaling 75,000 SF consisting of a new administrative building, science and industrial arts building and sports facilities. Ricardo was responsible for contracting and procurement consulting, which included developing, executing and managing contracts for contractors, trade workers and specialty consultants. Contract management included general conditions, special conditions, additive alternates and scope deductions. Ricardo also has extensive experience managing project closeout, working with architects, engineering teams, general contractors, inspectors and local city or county agencies to address owner and inspection punchlists and addressing change order items impacting both design schedule and budget. He works collaboratively with all parties to ensure all items are addressed to the satisfaction of the owner and making sure substantial completion is not issued until all punchlist items are addressed. Education i. BS, Construction Management, California Polytechnic State University, San Luis Obispo Registrations & Certifications LEED Accredited Professional Building Design + Construction OSHA 30 -hour [E]KITCHELL NICK FARANO, LEED AP BD+C, PROJECT MANAGER - ON CALL TEAM Nick has nine years of construction management experience managing a wide variety of complicated and challenging projects with successful completion on time and within budget. He is a skilled communicator and has extensive knowledge of software programs such as CGC Accounting, AutoCAD, Microsoft Project, Primavera and Prolog. SIMILAR PROJECT EXPERIENCE San Bernardino Community College District, Maintenance & Operations Building Renovation at Crafton Hills College, Yucaipa, CA: A $1.8 million renovation project which includes new office space, new restrooms, code upgrades, new coiling doors, new door handles and locks, new sewer connection to existing sewer line, alterations to the mezzanine space, and hazardous material abatement, as well as a new warehouse addition at the north side of the existing building which includes warehouse shelving and a chain-link interior partition. San Bernardino Justice Center, San Bernardino, CA: A new $339.8 million, 383,000 SF courthouse with 35 courtrooms and two hearing rooms. The site includes 385 surface parking spaces for court visitors and staff and 40 secure parking spaces. Designed for sustainability, the project is LEED Gold certified. The Aerospace Corporation, TAC A6 Tenant Improvement, EI Segundo, CA: A $12 million tenant improvement of six existing laboratories in four different buildings. Project included new electrical substation, MEP tie-ins, dry room, laser lab and restrooms. ADDITIONAL PROJECT EXPERIENCE San Bernardino Community College District, Occupational Education Building 2 at Crafton Hills College, Yucaipa, CA: A new $24.1 million project which addresses the needs of the college's fire technology, emergency medical services, public safety and respiratory care programs. The new facility consists of lecture rooms, labs, offices, vehicular storage space, and a drill yard and spray wall for the fire academy. The project is anticipated to achieve LEED Silver certification. Children's Hospital Los Angeles, New Patient Tower, Los Angeles, CA: A new $500 million, OSHPD regulated 450,000 SF, seven -level inpatient tower. Building includes 324 patient beds, ICU's, NICUs, staff areas and dining facilities. The project included expansion of the central plant and upgrading emergency generators from 80 kv to 120 kv. University of Southern California, Norris Tower Addition, Los Angeles, CA: A $98 million, 193,815 SF 10 -story tower addition regulated by OSHPD. The building includes 275 patient beds, ICU's, operating rooms, staff areas, lobby and dining facilities, mechanical spaces and a mechanical penthouse floor. Education BS, Construction Engineering Technology, California State Polytechnic University, Pomona Registrations & Certifications SWPPP Certification GEOFF BACHANAS PROJECT MANAGER - ON-CALL TEAM With over 12 years of experience, there is not a single aspect of a project or a job on a construction site for which Geoff does not possess first-hand knowledge. As an accomplished project manager, he ensures work is completed on time, within budget and according to plans and specifications. In addition, Geoff's experience includes leading and directing diverse project teams, as well as consistent success in administering large multi-million community college bond programs with optimum results. In addition, he exhibits an in-depth understanding of all facets of the construction industry from pre -design through completion and closeout, including quality assurance, estimating, scheduling, safety and project team collaboration. SIMILAR PROJECT EXPERIENCE MiraCosta College Science Lab - Oceanside Campus, Oceanside, CA: A new $1.9 million, 3,360 SF high tech building featuring two chemistry labs and a prep room. The twin Gen7 model facility is the first fully sustainable modular science laboratory and was constructed to enable the District to expand course offerings in modern and updated facilities. The facility runs on photovoltaic power and is LEED Platinum Level -worthy. OSHA 10 -Hour San Bernardino Community College District, Measure M Bond Program, San Bernardino, CA: A $500 million bond program providing renovations and new construction on the District's two campuses. Geoff lead the construction for the following projects under this program: Crafton Hills College Occupational Education 2 Building: A new $24.1 million that addresses the needs of the college's fire technology, emergency medical services, public safety and respiratory care programs. The project is anticipated to achieve LEED Silver certification. Crafton Hills College Parking Lot/ADA/Lighting Improvements: Various improvements to the college's parking lots, roadways, pedestrian accessibility and associated lighting and signage totaling $10.6 million. San Bernardino Community College District, Measure P Bond Program, San Bernardino, CA: A new $197 million, two -campus bond program. Geoff lead the construction for the following projects under this program: Crafton Hills College Community Recreation Facility: A new $12.4 million recreational facility with a 50 -meter competition -sized swimming pool, locker/shower rooms, multi- purpose area and teaching areas that support aquatics. Project achieved LEED certification. Crafton Hills College Infrastructure Package #1: Relocation of incoming communication services for cabling and equipment to the Laboratory/Administration MPOE location. Crafton Hills College Infrastructure Package #2: Development of the utility corridor from the central quad to buildings on the east end of campus totaling $5.2 million. Crafton Hills College Infrastructure Package #3: Service road extensions and upgrades totaling $11.3 million. Crafton Hills College Infrastructure Package #4: DSA accessibility development of the proposed accessible path of travel crossing the campus and stretching from the new parking lot west of the cafeteria to the central quad/PAC totaling $4.5 million Crafton Hills College Infrastructure Package #5: Grading and utilities for the new Community Recreation Facility, parking lot and athletic fields totaling $3.1 million. Crafton Hills College Learning Resource Center: A new $25.4 million, 58,500 SF facility that combines the current library, learning center and campus data center into a single structure. MKITCIIELL Education BS, Architecture Engineering, University of Technology, Baghdad, Iraq NAWAR AL JUBURI, CCM, LEED GREEN ASSOC., PROJECT MANAGER - ON-CALL TEAM Nawar is a certified construction manager with more than 11 years of experience in capital program construction management, with an emphasis on large scale and complex projects. He has a diverse portfolio of project experience including education construction, commercial, transportation, healthcare, residential, master/facilities planning, FF&E, life safety upgrades, and LEED Certified/Green construction management. Nawar is a seasoned manager with experience in design management, consultant coordination, constructability review, project schedule development, project control, cost estimate, facilities inspection, procurement, bidding process, building commissioning, and closeout procedures. SIMILAR PROJECT EXPERIENCE Registrations &Certifications Long Beach Community College District, Long Beach, CA: Design and construction of Certified Construction design -bid -build projects totaling $35 million, including new construction, modernization of Manager Awarded with existing facilities, master planning development, central plant facilities upgrade, infrastructure Distinction, UC Berkeley improvements, and wet and dry utility upgrades. Specific projects included: LEED Green Associate Science & Laboratory Building Modernization: A $12 million, 55,500 SF modernization including new classrooms, microbiology & anatomy labs, dissection rooms, Allied Health department, diagnostic medical imaging department, computer labs and staff offices. New Student Service Building: A new $22 million, 31,700 SF two-story, LEED Gold facility. Work included demolition of the existing building and construction of the new building which contains health services, admissions and records, financial aid, EOPS (extended opportunity program and services), DSPS (disabled student program and services), food service and counseling services. Nursing & Health Technologies Building: A $12 million modernization of the 23,250 SF facility. Modernizations included new classrooms, nursing labs, computer labs, and staff offices. North Campus Front Quad Landscaping Project: A $5 million, 1.1 acre, landscaping project included new public sidewalk and street curb, new storm drain and dry well system; new hardscape with colored concrete and pavers, new irrigation system (CalSense Irrigation Controllers), and all new landscape to include palms, trees, shrubs, ground cover and hydroseed turf. Peralta Community College District, Merritt College Science & Laboratory Building Renovation, Oakland, CA: Renovations included asbestos and lead abatement, replacement of existing air handling units; upgrade plumbing and electrical systems, seismic improvement, and ADA upgrades to all existing restrooms and Otis Elevators. Peralta Community College District, Laney College Athletic Fields & Field House, Oakland, CA: A new $24 million, 18,000 SF, LEED Gold athletic facility equipped with locker rooms, coaches' offices, and A/V equipment, as well as, a new baseball field and parking lot. These upgrades were intended to attract top athletic talent to the campus and maintain the athletic programs' success. Scope also included 230 KW solar systems on carports. Peralta Community College District, Horticulture Complex Improvement, Oakland, CA: A $2 million, 20,000 SF of MPE upgrades to the existing greenhouses, HVAC units replacement in classrooms building including Controls, exterior improvement, seismic retrofit for the main entrance canopy and installation of new natural gas service. IMIKITCHELL ,eq DAVE NU NEIT PROJECT ENGINEER - ON-CALL TEAM David has two years of project engineering experience focusing on infrastructure for public works projects. He is familiar with job site responsibilities such as managing the document control process; assisting project managers and superintendents; scheduling and monitoring of daily construction activities in order to meet deadlines and guarantee proper safety; and t coordination with subcontractors to execute procurement and delivery of materials. David is Education BS, Civil Engineering, San Diego State University Registrations & Certifications Engineer -in -Training (EIT) - CA #137110 IMIKITCHELL fluent in Spanish and has experience communicating with local businesses and residents to discuss impacts of construction activities and safety precautions near construction areas. SIMILAR PROJECT EXPERIENCE City of National City, 8th Street Smart Growth Revitalization Project, National City, CA: A $3.7 million revitalization project consisting of new lighting with historic banners, way finding signs, street trees, bicycle lanes, special lighting in freeway underpasses, landscaped median islands, ADA upgrades, decorative benches, bike racks and other street furnishings. The project also created a new "Market Square" where pedestrians can congregate for farmers markets and street festivals. City of National City, Community Corridors Improvements, National City, CA: A $4.2 million project to provide safe routes to schools throughout the city using various traffic calming methods such as raised crosswalks, corner bulb -outs, ADA improvements, enhanced crosswalks, enhanced striping and signage and roundabouts. Additional enhancements include new lighting, landscaping, benches, bike racks and other street furnishing as well as improvement to existing bike lanes. Granite Development Program Management, San Diego, CA: Full program management and strategic consulting for the development of new Skilled Nursing Facilities in the Western United States. This full spectrum five-year contract includes land acquisition, entitlement, prototype building design, permitting through OSHPD and local jurisdictions, construction management, closeout and licensing. Granite Development, La Paloma HVAC Ugrade, Oceanside, CA: An addition of mechanical units to the roof of the occupied La Paloma Skilled Nursing Facility, a 21,600 SF OSHPD Type 2 Building. Granite Development, La Paloma Emergency Generator, Oceanside, CA: This project will provide an upgraded emergency generator and remote annunciator and transfer switch for connection to new critical branch and life safety panels. The project will take place in an occupied facility. Plum Healthcare, Crystal Cove Parking Lot Addition, Newport Beach, CA: A 13,100 SF addition of 25 new standard stalls. Project includes concrete, asphalt, electrical, signing and striping, irrigation, and landscaping. Education BS, City & Regional Planning, California State Polytechnic University, San Luis Obispo MITCHELL �RIN BISHOP PROJECT ENGINEER - ON-CALL TEAM A versatile professional with over 10 years of experience in development and construction, Erin started her career in the residential construction and transitioned into commercial construction and development. Highly experienced in the healthcare, education, life science and public works sectors, she is passionate about utilizing creativity and technical knowledge in all aspects of her career and is committed to project organization and client communication. SIMILAR PROJECT EXPERIENCE Alga Norte Community Park, Carlsbad, CA: A new $32 million, 32 -acre design -build community park featuring three softball/baseball fields, batting cages, basketball courts, picnic/ barbecue areas, a playground with universally accessible equipment, concessions, an Olympic aquatic center with multiple pools for swim instruction, water sports, competitive training, water therapy and open play. Also included is an off -leash dog park with obstacle course -type play equipment and an 18,500 SF skate park. City of Carlsbad, Dove & Georgina Cole City Libraries, Carlsbad, CA: A renovation and technology modernization of two libraries, which have more than 800,000 visitors and 1.3 million items circulated annually. ADDITIONAL PROJECT EXPERIENCE City of San Diego As -Needed Facility Conditions Assessments, San Diego, CA: Inventory of more than 400 facilities to assess the need for immediate repairs, preventative maintenance, deferred maintenance backlog, and capital replacement as part of a comprehensive asset management plan which will assist the City in developing future budgets. County of San Diego Facility Assessment, San Diego, CA: A county -wide assessment of over 600 facilities over a three-year period. MiraCosta Community College, Horticulture Building, Oceanside, CA: A $7.1 million project that accommodates the college's growing horticulture program, which serves nearly 400 students each semester. The facility includes a greenhouse and a computer lab. MiraCosta Community College, Creative Arts Complex, Oceanside, CA: A $15 million, 22,510 SF, three-story music and art complex that replaced a 34 year-old condemned facility. The new complex features state of the art digital music performance and recording facilities, as well as art studios to support 2D and 3D art. The building is designed and organized to separate distinct activity uses and noise level zones, while creating a large central space to foster interdepartmental collaboration. Superb ocean views are captured via the building design and site orientation. MiraCosta Community College, Creative Arts Expansion and Concert Hall, Oceanside, CA: A $7.1 million, 16,100 SF project encompassing sustainable design features. The project expanded the Art program by providing a computer lab/art history instructional space, and a New Genre Lab which allows processing art of any media to occur. The project expanded the Music program by providing a flexible music rehearsal space for instrumental and choral music of variously sized groups and a 500 fixed seat Music Performance Hall with variable acoustics. MiraCosta Community College, San Elijo Nature Center, Encinitas, CA: A $4.75 million project including new construction of a 5,525 SF two-story building using "green" building concepts. iW Education RUSSELL A. FOX PRINCIPAL -IN -CHARGE - SUPPORT SERVICES Russ' expertise in the A/E/C industry is a result of over 27 years of experience and a lifetime of passion to build quality facilities. His experience covers every phase in the life of a project—from preconstruction to document delivery. As an active and involved participant to ensure client satisfaction from our proposed team, Russ firmly believes in customizing a project's solutions to work with a client's specific needs and requirements. His leadership skills are firmly based on integrity, honesty and innovation, setting the course for the project team to follow and resulting in a finished project that exceeds the owner's expectations. City of Hayward Fire Stations No. 1- 6 & Fire Training Center, Hayward, CA: A $20 million project consisting of improvements to six fire stations including seismic upgrades, plumbing, electrical, HVAC, roofing, windows, doors, flooring, energy efficiency modifications, kitchen/ restroom remodels, ADA/safety modifications, room additions, solar panels as well as construction of a replacement training center complex. City of Vacaville, Fire Station No. 75, Vacaville, CA: A new $6 million fire station. City of San Diego, Fire Station No. 3, San Diego, CA: A two-story, 2,823 SF facility, includes replacement of the HVAC system, flat roof covering, dorm room reconstruction, addition of an ADA compliant restroom and kitchen reconfiguraton. City of San Diego, Fire Station No.8, San Diego, CA: A one-story, 3,272 SF facility built in 1964 includes the addition of a new kitchen, training/watch room/bull pen/ready room, laundry/work room and ADA restroom. Modifications will also be made to various systems throughout the facility. City of San Diego, Fire Station No. 15, San Diego, CA: A one-story, 3,094 SF building, include the design of a new kitchen/dining/meeting room and ADA restrooms. We are also providing necessary services to bring the facility up to code. City of Santa Monica, Parking Structure Elevators & Public Works Operations Facility, CA: A $6.2 million modernization project to bring the elevators in three parking structures code compliant, as well as a tenant improvement renovation of the Public Works Warehouse. The project installs nine new code compliant elevators in Parking Structures 2, 4 and 5, reducing maintenance costs and enhancing the community's experience to the local downtown area. Alga Norte Community Park, Carlsbad, CA: A new $32 million, 32 -acre design -build community park featuring three softball/baseball fields, batting cages, basketball courts, picnic/ barbecue areas, a playground with universally accessible equipment, concessions, an Olympic aquatic center with multiple pools for swim instruction, water sports, competitive training, water therapy and open play. Also included is an off -leash dog park with obstacle course -type play 01= equipment and an 18,500 SF skate park. El SIMILAR PROJECT EXPERIENCE BS, Construction Management, California State City of San Rafael Essential Services Facility Improvements, San Rafael, CA: Modernization University, Chico and new construction for the City's public safety facilities totaling approximately $55 million, which includes seven fire stations and a police station. AA, Construction Technology, Shasta College Novato Fire Station No. 64, Novato, CA: A new $7.5 million, 7,500 SF, two -bay double -deep fire station. The new station will feature residential living areas including a day room, dorms, dining room/kitchen, and exercise/fitness rooms, as well as administrative space and training areas. The project is anticipated to achieve LEED Platinum certification. City of Hayward Fire Stations No. 1- 6 & Fire Training Center, Hayward, CA: A $20 million project consisting of improvements to six fire stations including seismic upgrades, plumbing, electrical, HVAC, roofing, windows, doors, flooring, energy efficiency modifications, kitchen/ restroom remodels, ADA/safety modifications, room additions, solar panels as well as construction of a replacement training center complex. City of Vacaville, Fire Station No. 75, Vacaville, CA: A new $6 million fire station. City of San Diego, Fire Station No. 3, San Diego, CA: A two-story, 2,823 SF facility, includes replacement of the HVAC system, flat roof covering, dorm room reconstruction, addition of an ADA compliant restroom and kitchen reconfiguraton. City of San Diego, Fire Station No.8, San Diego, CA: A one-story, 3,272 SF facility built in 1964 includes the addition of a new kitchen, training/watch room/bull pen/ready room, laundry/work room and ADA restroom. Modifications will also be made to various systems throughout the facility. City of San Diego, Fire Station No. 15, San Diego, CA: A one-story, 3,094 SF building, include the design of a new kitchen/dining/meeting room and ADA restrooms. We are also providing necessary services to bring the facility up to code. City of Santa Monica, Parking Structure Elevators & Public Works Operations Facility, CA: A $6.2 million modernization project to bring the elevators in three parking structures code compliant, as well as a tenant improvement renovation of the Public Works Warehouse. The project installs nine new code compliant elevators in Parking Structures 2, 4 and 5, reducing maintenance costs and enhancing the community's experience to the local downtown area. Alga Norte Community Park, Carlsbad, CA: A new $32 million, 32 -acre design -build community park featuring three softball/baseball fields, batting cages, basketball courts, picnic/ barbecue areas, a playground with universally accessible equipment, concessions, an Olympic aquatic center with multiple pools for swim instruction, water sports, competitive training, water therapy and open play. Also included is an off -leash dog park with obstacle course -type play 01= equipment and an 18,500 SF skate park. El Education BS, Construction Management, California State University, Chico MATT ENOCH, PSP SCHEDULING MANAGER -SUPPORT SERVICES Matt has 22 years in the construction industry, including 16 years of construction scheduling. He has been involved in baseline schedule creation, schedule implementation and schedule oversight and review for both general contractors and construction managers. Matt's skill set encompasses a variety of tasks, including everything involved with establishing a scheduling department, training others in scheduling concepts and procedures, schedule oversight, preconstruction planning and scheduling, schedule updating, executive presentations and reporting, preparation of time impact analysis, business development and proposal scheduling, and LEAN construction scheduling. He is familiar with Primavera P6, SureTrak and Phoenix and has experience scheduling for projects for a wide range of market sectors, such as education, criminal justice, healthcare, entertainment & sports, commercial facilities and parking structures, among others. Registrations & Certifications SIMILAR PROJECT EXPERIENCE Planning & Scheduling Alan M. Crogan Youth Treatment & Education Center, Riverside, CA: A $38.4 million Professional #616 project which will demolish an existing 24,000 SF building and design and construct a new, approximately 61,000 SF single story building including intake (assessment unit), kitchen, medical and housing facilities, with space for program, custody, administrative, and support services to address the needs of approximately 106 high-riskjuvenile offenders. Butte County Regional Transit Facility, Chico, CA: A new $38 million project which will replace the current outdated maintenance and operations facilities with a new bus maintenance building, operations building and an administrative office facility, along with associated on-site and off-site improvements. Sacramento Municipal Utility District (SMUD), East Campus Operations Center, Sacramento, CA: A $112 million, 300,000 SF facility that includes a five -story office building, fuel/general storage areas, maintenance space, shops and fleet parking. The project is LEED Platinum certified with an emphasis on renewable energy to achieve net -zero status. Tishman Speyer (TSP) 222 Second Street High Rise, San Francisco, CA: A new $120 million, 523,000 SF Class A office building that includes two levels of underground parking, a large public space, retail space on the ground floor, 26 elevated office floors, and a mechanical penthouse. The project is designed to achieve LEED Gold. Lassen County, Susanville Courthouse, Susanville, CA: A new $34.9 million, 42,300 SF, two- story trial court facility that includes space for court clerks, holding areas and building support space. San Joaquin County, Stockton Courthouse, Stockton, CA: A new $272.9 million, 310,443 SF, 12 -story courthouse housing 30 courtrooms. Fresno County, B.F. Sisk Courthouse, Fresno, CA: A $63.5 million, 191,886 SF courthouse renovation that features 16 courtrooms and support space for civil and family courts. Kern County Justice Facility, Bakersfield, CA: A new $126.7 million, 216,000 SF, 822 bed, Type II jail facility consisting of three medium security housing pods, one special housing pod, visitation area, inmate property storage, infirmary, administrative offices and support service areas. Also included is the upgrade and expansion of the existing on-site water supply system and wastewater treatment and disposal facility. IEIKIrcHELLI Education AA, Civil Technology, Phoenix College �131KITCNELL� TIM PRECHEL ESTIMATING MANAGER - SUPPORT SERVICES Tim has over 30 years of experience in all aspects of estimating for all phases of construction. This includes conceptual program estimates through construction documents. He manages a team of estimators and has experience in facility needs assessments, value engineering, change order verification, project cost reporting, and estimate reconciliations and verifications. During his career he has supervised the construction of numerous projects, enabling him to give valuable input during planning and design. Tim has developed a strong, professional relationship with subcontractors and suppliers which in turn contributes to the ability to receive excellent estimating results. SIMILAR PROJECT EXPERIENCE Novato Fire Station No. 64, Novato, CA: A new $7.5 million, 7,500 SF, two -bay double -deep fire station. The new station will feature residential living areas including a day room, dorms, dining room/kitchen, and exercise/fitness rooms, as well as administrative space and training areas. The project is anticipated to achieve LEED Platinum certification. Central Marin Police Station, Larkspur, CA: A new $18.5 million, two-story, 18,000 SF police station with a 911 dispatch center, holding cells, a state-of-the-art emergency operations center and community room, as well as staff offices and locker rooms. The project achieved LEED Platinum certification. Novato Civic Center City Administration Offices, Novato, CA: A new $15.3 million 21,200 SF, two-story office building located within the downtown Novato civic center. Located adjacent to the Novato Police Station and the recently reconstructed City Hall, the office building includes 26 spaces of podium parking beneath the building. Calaveras County Adult Detention Center & Sheriff's Office, San Andreas, CA: A new 76,500 SF detention facility to house 160 inmates and provide support services for administration, intake/booking, medical, food service, laundry and staff areas. Also included is the construction of a 41,500 SF, new Sheriff's Administration Building with a 911 Dispatch Center and Emergency Operations Center. Fresno County Juvenile Justice Campus, Fresno, CA: A 655,030 SF, 480 -bed juvenile justice campus consisting of a state-of-the-art, 240 -bed detention housing facility; a 240 -bed, long-term commitment housing facility; on -campus school; booking and release facilities; probation; health services; central plant, warehouse and laundry facilities; water and wastewater services; and juvenile court. City of Alhambra Police Facility, Alhambra, CA: A new $14.8 million, 109,544 SF, two-story police facility, built above a subterranean two-level parking garage. The administrative and custody functions of the facility includes approximately 61,000 SF of space support. The upper basement level includes the firing range, staff and supervisors lockers, uniform exchange, storage, armory, and sleeping rooms. The remaining basement area contains 46,000 SF of space to accommodate 144 parking spaces and mechanical support rooms. Marin County Jail, San Rafael, CA: A $19.6 million, 110,600 SF, 222 -cell (362 -bed) medium and maximum security, pre-trial, direct supervision adult detention facility with direct tunnel access to the Marin County Hall of Justice. i= HEATHER BROWN, PE, CPMP, LEED AP, ENGINEERING & 1` ARCHITECTURAL SERVICES MANAGER - IPI r SUPPORT SERVICES Heather, with over 15 years of experience, has worked on a wide variety of public, higher education and commercial facilities. Her experience includes project management, mechanical and plumbing design, assessing and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD drawings. Heather has assisted in the management of staff working Education with code, access compliance, design and constructability reviews, life cycle studies, value BS, Mechanical Engineering, engineering sessions, energy studies, specifications development, needs assessments, master University of Portland, planning studies, facility assessments and construction inspections. Oregon SIMILAR PROJECT EXPERIENCE Registrations &Certifications Novato Fire Station No. 64, Novato, CA: A new $7.5 million, 7,500 SF, two -bay double -deep fire Mechanical Engineer - CA station. The new station will feature residential living areas including a day room, dorms, dining #M31667 room/kitchen, and exercise/fitness rooms, as well as administrative space and training areas. The Commissioning Process project is anticipated to achieve LEED Platinum certification. Management Professional City of San Rafael Essential Services Facility Improvements, San Rafael, CA: Modernization LEED Accredited Professional and new construction for the City's public safety facilities totaling approximately $55 million, which includes seven fire stations and a police station. Central Marin Police Station, Larkspur, CA: A new $18.5 million, two-story, 18,000 SF police station with a 911 dispatch center, holding cells, a state-of-the-art emergency operations center and community room, as well as staff offices and locker rooms. The project achieved LEED Platinum certification. Novato Civic Center City Administration Offices, Novato, CA: A new $15.3 million 21,200 SF, two-story office building located within the downtown Novato civic center. Located adjacent to the Novato Police Station and the recently reconstructed City Hall, the office building includes 26 spaces of podium parking beneath the building. San Benito County, Hollister Courthouse, Hollister, CA: A new $30 million, 41,500 SF, two- story courthouse with space for administration, court clerk, security operations, a holding area and facility support along with a secure sally port for in -custody transportation and surface parking for the Judicial Council of California. The project is anticipated to achieve LEED Silver certification. Calaveras County Adult Detention Center & Sheriff's Office, San Andreas, CA: A new 76,500 SF detention facility to house 160 inmates and provide support services for administration, intake/booking, medical, food service, laundry and staff areas. Also included is the construction of a 41,500 SF, new Sheriff's Administration Building with a 911 Dispatch Center and Emergency Operations Center. Sutter County, Yuba City Courthouse, Yuba City, CA: A new $65.8 million, 73,853 SF facility which will include seven courtrooms, consolidating court operations under one roof and replacing the current inadequate and obsolete facilities. Of the seven court rooms, one is to be "shelled -out" for future needs under a new judgeship. Miraloma Park & Community Center, Anaheim, CA: A 4,181 SF renovation, 287 SF addition, solar panels; commissioning and constructability reviews. lta,JKITCHELL� Project Experience Kitchell has a long history supporting public entities through innovative solutions. With over $43 billion in public sector construction, we have provide a myriad of services to the design and construction of government and civic centers, courthouses, hospitals, correctional and detention facilities, fire and police stations, essential service r._ buildings, libraries and recreational facilities. We work comprehensively throughout all phases of construction—from planning to project closeout. Our successful approach is based in our ability to creatively address our clients' needs through aligning core competencies and expertise to efficiently manage, design and construct public projects. Kitchell currently has contracts with several California cities, counties and state agencies. Typical services provided include construction cost estimating, scheduling, master plans, peer review, constructability review, value analysis, energy audits, facility assessments, design of facility upgrades and improvements, architectural programming, full design and program/project management of specific projects. Our commitment and dedication to working with public agencies in a team environment with common goals in mind has resulted in our on-call contracts being renewed year after year. "CKITCHELL r �- FI4 I -A y r. 3 Construction management of a new $7.5 million, 7,500 SF, two -bay double -deep fire station. The new station will feature residential living areas including a day room, dorms, dining room/kitchen, and exercise/fitness rooms, as well as administrative space and training areas. The building is to be designed with sustainability and green building principles. LEED Platinum certification (anticipated) Central Marin Police Station Larkspur, CA Novato Fire Station No. 64 Novato, CA Agency/Client Reference: Chief Mark Heine Novato Fire District tel. 415.878.2690 Year Completed: 2015 ...................................................................................................... Engineering Fee: Not applicable ............................................................... ....... ..................... ........... 1. ................ ........,.... Project Construction Cost: $7.5 million Construction management of new $18.5 million, two-story, 18,000 SF police station with a 911 dispatch center, holding cells, a state-of-the-art emergency operations center and community room, as well as staff offices and locker rooms. Designed to exceed the energy efficiency of a similar, typical facility by at least 20% by integrating multiple energy efficient systems, the facility is LEED Platinum certified. LEED Platinum certification ImMIKITCHELL Agency/Client Reference: Chief Todd Cusimano Central marin Police Authority tel. 415.927.5157 Year Completed: 2012 ..,.........I........................................................................................................1.1............. Engineering Fee: Not applicable ..................................................................................................................................... Project Construction Cost: $18.5 million Construction management for a new $32 million, 32 -acre design -build community park featuring three softball/baseball fields, batting cages, basketball courts, picnic/barbecue areas, a playground with universally accessible equipment, concessions, an Olympic aquatic center with multiple pools for swim instruction, water sports, competitive training, water therapy and open play. Also included is an off -leash dog park with obstacle course -type play equipment and an 18,500 SF skate park. 2014 Project of the Year - San Diego/Imperial Chapter — American Public Works Association Dixon Veteran's Memorial Hall Dixon, CA Design services and construction management of $1.6 million, 8,000 SF tenant improvement renovation of the new Veteran's Memorial Hall. The the renovation included offices, meeting rooms, multi-purpose room, restrooms, full service kitchen and bar area. The parking lot was restriped and ADA parking provided. The building was fully brought up to ADA compliant. The project was a part of Kitchell's on-call contract with the County of Solano. 17RKITCIiELL� Alga Norte Community Park Carlsbad, CA Agency/Client Reference: Patrick Vaughan, Deputy City Engineer City of Carlsbad tel. 760.434.2808 ext. 7 Year Completed: 2014 Engineering Fee: Not applicable ......................................................................................... . Project Construction Cost: $32 million Agency/Client Reference: Kanon Artiche, Deputy Director Solano County tel. 707.784.7908 .............. ...... ..p ... .............-...................... I ........................ . Year Completed: 2009 ...... ......... ........... ............. I— ... ........... ....... ................. I ....... . Engineering Fee: Not applicable .......................................................................................... Project Construction Cost: $1.6 million Construction management for a $26 million program that included 13,000 SF of renovations and 23,000 SF in additions to four libraries including a complete rebuild of the West Branch. Renovations include seismic upgrades, updated mechanical, electrical and telecommunications systems, and new windows. Each facility was upgraded to comply with ADA standards and each building is now LEED certified. Two of the libraries are City landmarks, so historical restoration/preservation was a key component of this project. Berkeley Library Improvement Program, Berkley, CA Agency/Client Reference: Donna Corbeil, Director of Library Services City of Berkeley tel. 510.981.2489 Year Completed: 2014 Engineering Fee: Not applicable Project Construction Cost: $26 million 2015 Gold Nugget Grand Award Winner - Best Zero Net Energy Design Category (West Branch) 2013 Distinguished Project Achievement Award: Buildings - Renovation (North Branch) - Western Council of Construction Consumers 2013 Merit Award - Historical Preservation (North Branch) - American Institute of Architects, San Francisco CA Department of Social Services Headquarters & Training Center Sacramento, CA Construction management and commissioning services for the $157 million, 632,600 SF renovation of twin 20 -story towers certified LEED Gold. The included a new two-story, 7,000 SF lobby that connects the existing towers and serves as a shared public entrance, as well as private offices, conference rooms, cafeteria, site improvements and a new child-care center with play yards. LEED Gold certification ■ KI�rcHe� Agency/Client Reference: rr 1.77 _1� Diane Elliott, Capital Outlay Program Manager Dept. of General Services tel. 916.376.1715 Year Completed: 2010 ........................................................................................... Engineering Fee: Not applicable ........................................................................................... Project Construction Cost: $157 million A new $339.8 million, 383,000 SF courthouse with 35 courtrooms and two hearing rooms. The site includes 385 surface parking spaces for court visitors and staff and 40 secure parking spaces. Designed for sustainability, the project is LEED Gold certified. 2013 Golden Gate Partnership Recognition - State of California, Cal/OSHA Consultation Service 2014 Best Projects, Award of Merit, Government/Public Building - Engineering News Record (ENR) 2014 Excellence in Structural Engineering - National Council of Structural Engineers Association 2014 Excellence in Structural Engineering - Structural Engineers Association of California DMV Headquarters Sacramento, CA San Bernardino Justice Center San Bernardino, CA Agency/Client Reference: S. Pearl Freeman, AIA, Project Year Completed: .......................................................... Engineering Fee: ............................................... I ........ , Project Construction Cost: Manager Judicial Council of California tel. 415.865.4060 2014 ............................................................... Not applicable ................................................................. $339.8 million Construction management for $56 million project that included demolition, abatement and complete renovation of the sixth floor of a 545,000 SF building occupied with over 3,700 DMV employees. The project also included a new window system, updated exterior finish to the building, and a photovoltaic array on the roof of the building, as well as a new central plant building one block south of the DMV headquarters building, which houses boilers and chillers supplying the required heating and cooling for the buildings on this campus, replacing an aged system. AWIT.-Ci. Agency/Client Reference: Burton Shanoff, Project Director DGS tel. 916.376.1625 Year Completed: 2013 Engineering Fee: Not applicable ...................................................................I...................... Project Construction Cost: $56 million 4 Santa Monica Parking Structure 6 Santa Monica, CA Construction management for A $43 million project which Agency/Client Reference: Karen Domerchie, City Project included the demolition of the existing five -story parking Manager structure and construction of a new parking structure. The City of Santa Monica structure is currently pursuing LEED Silver certification. tel. 310.458.8721 2014 Award of Excellence, Category I - International Parking Year Completed: 2013 .... ...... ................................................................................. Institute Engineering Fee: Not applicable ........................................................................................... 2014 Design Award - Southern California Development Forum Project Construction Cost: $43 million 2014 LA Design Award - American Institute of Architects 2014 Merit Award - DBIA Western Pacific Region 2014 Outstanding Achievement & Excellence in Concrete Construction - Southern California Chapter of American Concrete Institute 2014 Parking Facility of the Year Award - National Parking Association 2014 Project of the Year Award - American Public Works Association: Southern California Chapter 2015 Project Achievement Award - Construction Management Association of America Novato Civic Center City Administrative Offices, Novato, CA Construction management for a new $15.3 million 21,200 SF, two- story office building located within the downtown Novato civic center. Located adjacent to the Novato Police Station and the recently reconstructed City Hall, the office building includes 26 spaces of podium parking beneath the building. LEED Silver certification VIKITCHEL L Agency/Client Reference: Jerry Novak, Principal Engineer City of Novato tel. 415.899.8246 .............................................................................................................................. Year .. Completed: 2013 ................................... .... .................................................................... ................. .... Engineering Fee: Not applicable Project Construction Cost: $15.3 million e C KITCNELL City of Hayward $20 million in renovations to Fire Stations No. 1- 6 and construction of the new Fire Training Center City of San Rafael Essential Facilities Strategic Plan for all of the City's public safety facilities, including seven fire stations and one police station City of Vacaville . New $6 million Fire Station No. 75 Golden West College New $16 million Criminal Justice Training Center City of San Diego Roof replacement and ADA compliance for Fire Station No. 3 Expansion and ADA compliance for Fire Station No. 8 Design of Fire Station No. 15's kitchen/dining/meeting room and code compliance Facility condition assessment of 75 developed parks and approximately 826 acres for the City's Park & Recreation Department San Diego County $79 million, 1,050 -bed George F. Bailey Detention Center Facility condition assessment for over 600 facilities over a three-year period City of Oceanside $30 million, 225,000 SF of municipal buildings; twin administration buildings 33,000 SF, two-story library & administrative annex 311 -car underground parking structure and streetscape City of Orange $30 million, 6,600 SF public works building; 13,900 SF administration building Orange County $7 million, 360 -bed James A. Musick Facility F $60 million, 480 -bed Intake/Release Center $4.2 million Main Jail Renovation City of Santa Monica Modernization of the elevators within the City parking structures and a renovation of the public works operations facility It -2 I KITCHELL- City of Thousand Oaks 55,734 SF Brimhall Library renovation 28,321 SF Newbury Park Library and art gallery renovation City of Alhambra $8.4 million, 6,050 SF Fire Station No. 74 $14.7 million, 109,544 SF, two-story police facility City of Anaheim Ponderosa Park & Family Resource Center: $12 million redevelopment that includes the remodel of an 18,636 SF facility and a 3,747 SF outdoor playground, skate park and water play area, as well as ADA restrooms Miraloma Park & Community Center: 4,181 SF renovation, 287 SF addition, solar panels; commissioning and constructability reviews City of Carlsbad Preconstruction services for the renovation and technology modernization of the Dove & Cole Libraries City of Vista Preconstruction services for the $11 million, 14,000 SF Moonlight Amphitheater Stagehouse City of Torrance $1.5 million, 13,000 SF general aviation complex and service yard $11.5 million Cultural Arts Complex Riverside County Palm Desert Sheriff's Station: New $33 million, 85,000 SF, LEED Gold certified sheriff's station Alan M. Crogan Youth Treatment & Education Center: New $38.4 million, 61,000 SF juvenile justice facility Judicial Council of California Yolo County - Woodland Courthouse: New $165.3 million, 163,066 SF courthouse Sutter County - Yuba City Courthouse: New $65.8 million, 73,853 SF, seven - courtroom courthouse Glenn County - Willows Courthouse: New $42 million courthouse with renovation to historic courthouse Plumas/Sierra Courthouse: New $4 million, 7,300 SF courthouse; Best of 2010 Award - Small Project Category - California Construction Magazine Fifth Appellate Courthouse: New $23 million, 61,000 SF courthouse IrIKITCHELL City of Corona Police Building Needs Assessment Butte County $38 million new Butte Regional Transit Operations Facility $3.5 million, 24,226 SF community center $6.4 million, 416 -bed Butte County Jail $12 million, 120 -bed juvenile detention facility City of Berkeley $14 million, 67,000 SF, two-story public safety building Fresno County $194 million, 1,020 -bed Juvenile Justice Campus New $7.5 million, 14,000 SF morgue facility Irrigation system replacement estimates A new, $79.2 million, 92,348 SF, SB 1022 funded project adjacent to the current North Annex jail. Madera County $30 million, 45,000 SF, 144 -bed Madera County Jail expansion and renovation $17.2 million replacement of Oakhurst Wastewater Treatment Plant $10.5 million, 70 -bed juvenile detention facility Marin County $21 million Civic Center Hall of Justice seismic retrofit Communications and Emergency Operations Center feasibility study New 9,372 SF Southern Marin Public Safety Building $26 million, 362 -bed Marin County Jail Merced County New $18 million, two-story courthouse $17.5 million, 120 -bed Juvenile Justice Correctional Complex Santa Barbara County New $88.9 million, 135,000 SF, 376 -bed jail New $43 million, 52,208 SF, 228 -bed Sheriff's Transition & Re -Entry (STAR) Facility Santa Clara County $27 million, 210 -bed Juvenile Hall Housing Facility Fairgrounds facilities and infrastructure assessment ILIKITCHELL Shasta County Juvenile Rehabilitation Facility: $15 million, 47,000 SF, 90 -bed juvenile justice facility Capital improvement plan and feasibility study County Administration Center: New $35 million, three-story, 110,000 SF office building and garage ADA assessment of 40 buildings and 39 parks Solano County Fairfield Civic Center Library: $5.8 million renovation, design and project management Fairfield-Cordelia Branch Library: $14.3 million, 32,000 SF, two-story public library $17 million, 90 -bed Juvenile Detention Facility Health and Social Services Building Master Planning William J. Carroll Government Center: New two-story LEED Silver office building housing primary care and mental health clinic services City of Dinuba $1.5 million, 21,000 SF public works facility $6.2 million, 22,000 SF vocational center City of Merced $2.4 million, 13,500 SF fire station $3.3 million, 77,000 SF, three-level, 180 -ear parking structure;10,000 SF retail space City of Redwood City Redwood Shores Community Library: New $15.5 million, 22,500 SF library; 2009 Outstanding Achievement Award in Public Facilities - WCCC City of Sacramento Community Center Theatre: $14.4 million, 28,000 SF remodel of theatre 100,000 SF art museum expansion peer review Sacramento County Branch Center infrastructure replacement Dry Creek Parkway Trails pedestrian bridge design Voters' Registration Loading Dock electrical design Upper Sunrise Boat Launch design City of West Sacramento West Sacramento Transit Center: New $1.7 million, multi -modal transit center EXHIBIT C FEE SCHEDULE 14 Kitchell CEM, Inc. PSA 15 rKITCNELL October 12, 2015 Robert Staples Contract Administrator City of Costa Mesa 77 Fair Drive 4' Floor Costa Mesa CA 92628 RE: Fee Proposals to Provide Professional Construction Management Services for Remodeling and/or New Construction of Various City Facilities- City Hall Renovation and Fire Station No. 1 We are pleased to present you the fee for construction management services for the City Hall renovations as well as the Fire Station No. 1. Based upon the available information we have developed a schedule for each project which is included within the fee proposal. Our fees are based upon our proposed schedule (please refer to section 4. Proposed Schedule of our RFP submission) as well as the scope of services include within the RFP. Upon selection to as your Construction Management firm we welcome the opportunity to review the specifics of this project with your team and to develop a mutually agreeable fee that meets the needs of the City and of the specific project. Our proposed fees are as follows: ➢ City Hall Renovation $296,798 (Assumes on overall eight-month project duration) ➢ Fire Station No. l $609,420 (Assumes an over 23 -month project duration) ➢ Total: $906,218 Our fee come with the following notes: ➢ The fees are fully inclusive of all costs for our project management team and the rates include with the fees are good for the five-year duration of the contract. ➢ The total fee for the specific projects include all the tasks within the scoop of work including a constructability review, inspections and the geotechnical services. ➢ The scope for the geotechnical and inspection services were unknown at the time of the RFP so some assumptions were made to develop the scope. ➢ Fee proposal does not include design team RFP and selection or the management of the design phase as this was not included in scope of services with the RFP. We appreciate the opportunity to review and discuss our fee proposals with you upon our selection. For your reference we have attached our assumed project schedule and a detailed fee schedule for each of the projects within the RFP. Sincerely, Ml dally slg dby wcohen@k wcohen@kllcheli— DN: itchell.com oal.zols.lo.l:....:. Wendy Cohen Vice President Attached: Fee Spreadsheets 940 South Coast Drive Suite 115 1 Costa Mesa, California 92626 1 Phone 714 278 4499 1 www,kitchell.com City of Costa Mesa City Hall Renovation Projects Fee October 12, 2015 TOTAL FEE $295,798 i City of Costa Mesa -City Hall Renovation ProjectsOf > 'Z— x W (6 � m co N a` CO C m E W a N L U � W (0 m W (D o °' C w '— a � N m `° U — E 0 o °' Total Fee Task# Description $185 $ 160 $130 $130 $135 $135 $135 $135 $135 $125 $140 $67 1 PreConstruction Services (4 Month Duration) 10 $ 1,850 Procedures Manual 10 20 $ 4,200 Establish Document Management System 1 10 15 $ 3.550 Constructabili!y Review 20 30 30 30 30 30 20 $ 24,790 Develop Baseline Schedule 10 40 1 $ 6,800 Existing Site Conditions 10 $ 1,300 Bidder Pre uglification 30 10 $ 6,100 Contractor Bid Process 20 10 $ 4.500 Subtotal as 10 100 65 40 30 30 30 30 30 0 0 20 $53,090 2 Construction Phase Services 4.3 Months 20 $ 3,700 Manage & Oversee Project 728 364 $ 163,688 Progress Photos Included in Hours Above under Manage & Oversee Project Weeklv Construction Meetings Shop Drawing & Submittial Log & Review RFI Process Management Change Management Field Orders Substitution Requests Record Drawings & Specifications Labor Compliance Prci ect Schedule Updates Process Payment Applications Claims Management Quality Assurance - Ins ection 150 $ 18,750 n eotechnical atenaI !sting Services 10 $ 1,400 Subtotal as 201 728 364 0 ()I 0 0 0 0 150 10 0' $ 187,538 3 Startup. Closeout & Acceptance Services 1 Month 4 871 871 1 121 5 $ 28,170 Operation & Testing Plan Included in Hours Above Under Start Up, Closeout & Acceptance IPunchlist Final Walk Through Recommend Acceptance Subtotal I as 4 87 871 0 01 01 0 0 0 12 5 0 $28,17 4 Post Construction 1 Month 4 87 87 61 2 $ 27,000 Oerations & Maintenance Materials Included in Hours Above Under Start Up, Closeout & Acceptance Record Drawings Certification Final Payment As-Builts Contract Close Out Final Pro ect Records & Documents Subtotal as 4 87 0 0 0 0 0 0 $27,000 TOTAL FEE $295,798 i City of Costa Mesa Fire Station Projects Fee October 12, 2015 j TOTAL FEE $609,4201 City of Costa Mesa - Fire Station 0 > 0 O x (0 C O Jx a5 m 2 .N O S 0) C WU U N 0 'O N «7 C o) WU N =3W 6 CI L °' m W °' O1 W L)c m m 08 W O L O N N °' _p U ) Total Fee Task # Descripilion $185 $ 160 $130 $130 $135 $135 $135 $135 $135 5,125 $140 $ 67 1 PreConstruction Services i1 Year Duration) 20 $ 3.700 Procedures Manual 5 10 $ 2,100 Establish Document Management System 5 10 $ 21100 Constructability Review 25 40 40 40 40 40 25 $ 32,675 Develop Baseline Schedule 20 60 $ 11,000 Existing Site Conditions 10 $ 1,300 Bidder Prequalification 30 10 $ 6,100 'Contractor Bid Process 20 10 $ 4,500 $ SubtoMT Tas-20 105 50 60 40 40 40 401 40 0 a 25 $63,475 2 Construction Phase Services 13 Months 20 $ 3,700 Manage & Oversee Pro ect 2000 1000 $ 450,000 Progress Photos Included in Hours Above under Manage & Oversee Project Weekly Construction Meetings Shop Drawing & Submittial Log & iReview IRFI Process Management Change Management iField Orders Substitution Requests Record Drawings & Specifications Labor Compliance Pro ect Schedule Updates Process Payment A licatlons Claims Manaaement Quality Assurance -Ins ection 200 $ 25.000 eotechnical atena estin9 Services 80 $ 11,200 MtOral Tas 270 2000 1000 0 0 0C 01 200 8a a 489,900 3 Startup. Closeout & Acceptance Services 1 Month 41 871 871 15 5 $ 28,545 Operation & Testing Plan Included in Hours Above Under Start Up, Closeout & Acceptance Punchlist Final Walk Through Recommend Acceptance Subtotal as d 8 87 0 0 0 0 0 0 15 5 0 28,545 6— 4 Post Construction 1 Month 4 87 87 101 2 $ 27,500 Operations & Maintenance Materials Included in Hours Above Under Start Up, Closeout & Acceptance Record Drawings Certification Final Payment As-Builts Contract Close Out Final Project Records & Documents $ Subtotal as Al 871 1 1 of 01 01 01 01a E27,500 j TOTAL FEE $609,4201 EXHIBIT D PROJECT SCHEDULE 15 Kitchell CEM, Inc. PSA 15 4 . Proposed Schedule _ 'ID Task Name Working Day Calendar Day Stan Finish 2015 2836 _ _ 2017 _ 2018 _ 2019 _ 2020 Duration Duration - -A1 _ C01 Q,1 Oji — �Q1 03 Q1 03 'Q1 _La Oct Jan Apr Jul Oct _ Jan _Apr Jul. Oct I Jan Apr Jul Oct Ian Apr Jul Oct Jan.` , Apr Juj.Oct, Jan _ _Apr JuJ_ 4Qgt 1 City of Costa Mesa - Professional Construction 1306 days 1828 Tue 9/15/15 Wed 9/16/20 City of Costa Mesa - Professional Construction Management Services Management Services 9 S - — — 9/16 2 City Council Award- Professional Services 0 days 0 Tue 9/15/15 Tue 9/15/15 City Council Award- I)fessional Services Agreement Agreement ♦ MIS 3 Kick Off Meeting- As -Needed Professional CM 1 day 1 Wed 9/16/15 Wed 9/16/15 Kick Off Meeting- As-Noeded Professional CM Services Services S,126 1 9/16 4 City Hall Renovation Projects 232 days 324 Thu 9/17/15 Fri 8/5/16 City Hall Renovation Projects 9 • 7 8/5 5 Prime Contractor Prequalification and Bid 8 wks 56 Thu 9/17/15 Wed 11/11/15 Prime Contracto I Prequalification and Bid Process Process lf17 gillillillilig 11/11 6 City Council Approval 4 Wks 28 Mon 11/9/15 Mon 12/7/15 City Council Approval 11/9 E 12/7 7 Mobilization & Pre -Construction 4 Wks 28 Mon 12/7/15 Mon 1/4/16 Mobllpiation & Pre -Construction Coordination Coordination 12/7 M 1/4 8 Construction 130 days 180 Mon 1/4/16 Fri 7/1/16 Construction 1/4 7/1 9 Construction Start 0 days 0 Mon 1/4/16 Mon 1/4/16 Construction Start ♦ 1/4 10 Council Chambers Remodel 30 days 40 Mon 1/4/16 Fri 2/12/16 Council Chambers Remodel 1/4 giiiiiiiii 2/12 11 Conference Room 1A Remodel 20 days 26 Mon 2/15/16 Fri 3/11/16 Conference Room 1A Remodel 2/15 ! 3/11 12 Community Meeting Room Remodel 20 days 26 Mon 3/14/16 Fri 4/8/16 Community Meeting Room Remodel 3/14 = 4/8 13 Employee Lounge Remodel 15 days 19 Mon 4/11/16 Fri 4/29/16 Employee lounge Remodel 4/1104/29 14 Outdoor Meeting Area Construction 45 days 61 Mon 5/2/16 Fri 7/1/16 Outdoor Meeting Area Construction 5/2 y__.W 7/1 15 ADA Upgrades 30 days 42 Mon 3/21/16 Mon 5/2/16 ADA upgrades 3/21 giiiiiiiii; 5/2 16 Audio/Visual Upgrades 30 days 40 Mon 5/2/16 Fri 6/10/16 Audio/visual upgrades 5/2 (_ 6/10 17 Closeout 25 days 33 Mon 7/4/16 Fri 8/5/16 Closeout 7/4 M 8/5 18 Fire Station No.1 700 days 978 Mon 1/4/16 Fri 9/7/18 Fire station No.1 1/a 9/7 19 Design Team Selection 8 wks 56 Mon 1/4/16 Mon 2/29/16 Design ream Selection 1/4 (i 2/29 20 Design & Permitting 24 wks 168 Mon 2/29/16 Mon 8/15/16 Design & Permitting 2/29 8/15 21 Prime Contractor Prequalification and Bid 8 wks 56 Mon 8/15/16 Mon 10/10/16 Prime Contractor Prequalification and Bid Process Process 8/15 giiiiiiiiiiiiii 10/10 22 City Council Approval 4 wks 28 Mon 10/10/16 Mon 11/7/16 City council Approval 10/10 = 11/7 23 Mobilization & Pre -Construction 8 wks 56 Mon 11/7/16 Mon 1/2/17 Mobilization & Pre -Construction Coordination Coordination 11/7 s 1/2 24 Construction 410 days 572 Mon 1/2/17 Fri 7/27/18 Construction 1/z 7/z7 25 Closeout 30 days 40 Mon 7/30/18 Fri 9/7/18 7/30 9/7 26 Additional As -Needed Services- TBD 527 days 740 Fri 9/7/18 Wed 9/16/20 9/7 Additional As -Needed Services -TBD 9/16 29 End of Contract 0 days 0 Wed 9/16/20 Wed 9/16/20 End of Vntract 9/16 Task Summary Project: City of Costa Mesa As Needed CM Services Schedule RS Spilt .. . , , . Project Summary RFP Schedule Milestone ♦ External Tasks WmmmmmmmmmW External Milestone ♦ Inactive Task Inactive Milestone Inactive Summary C= — `•J Manual Summary Rollup � Finish -only 3 Critical Split .. �. Manual Task Manual Summary ql0mmmmmmmmilill Deadline ♦ Progress �r*� Duration -only Start -only C Critical EXHIBIT E CERTIFICATES OF INSURANCE 16 Kitchell CEM, Inc. PSA 15 A�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYV) 611/2016 19] 612015 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 endvrsement(s). PRODUCER Lockton Companies Suite 700 Denver CO 80237 (303)414-6000 INSURED Kitchell CEM Inc. 1328704 4719 Viewridge Avenue, Suite 130 San Diego, CA 92123 COVERAGE COVERAGES CERTIFICATE NUMBER: 13718720 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUER 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. I LTR TYPE OF INSURANCE 21-1.70M. POLICYNUMHER MMrM YF MPOLICNAVDDV%YPYI LIMITS COMMERCIAL GENERAL LIABILITY NOTAPPLICABLE EACH C�CUHRENCCERENTED j�(j CLAIMS -MADE OCCUR PREMISES Eao a $ XXXOC.XXX MED EXP An+ one rson $ XXXX.X.7XX PERSONAL &ADV INJURY $ Xxxxx�cx_ GENt AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE S XXX)LXXX POLICY JEST LOC PRODUCTS. COMP/OP AGG $ XXXXXXX OTHER' $ A AUTOMOBILE LIABILITY N N 6T8105E496169 6/1/2015 6/1/2016COMBINED v L I M—ff$ 2 000 000 x ANY AUTO BODILY INJURY (Per person) $ �Xxx ALL OWNED SCHEDULED L AUTOS AUTOS BODILY INJURY (Per accident) $ XXX x HIRED AUTOS x AUTOSWNED $ rY DAMAGE XXXX3CXX P r nt $ xxxxxxx UMBRELLA LIAB OCCUR NOTAPPLICABLE EXCE83LIAB EACH OCCURRENCE _ $XxXk_`XJ� CLAIMS -MADE AGGREGATE S Xxx_xxxx DED I I RETENTION $ SXXX WORKERS COMPENSATION NOTAPPLICABLE AND EMPLOYERS'LIABILITY YINMUTE I I ER ANY PROPRIETCRrPARTNERIEKECUTIVE E.L. EACH ACCIDENT 5 XXX 7�XX OFFICERIMEMBER EXCLUDED'? � NIA _ (Mandatory In NH) E.L DISEASE - EA EMPLOYEE $ XXxXX x If yyes, describe under 0 SORIPTION OF OPERATTONS below E.L. DiSEASF. - POLICY LIMIT $XXMXX A Hired Auto Physical Damage N N DT8105E496169 6/1/2015 6/1/2016 Comp. Ded. $1,000 Coll. Ded. $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, AddlUonal Remarks Schedule, may be attached If more apace Is required) RE: Construction Management Services for Remodeling and/or New Construction of Various City Facilities — City Hall Renovation and Fire Station No. 1. CERTIFICATE HOLDER CANCELLATION 13718720 City Of Costa Mesa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Services/Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 77 Fair Drive, 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa, CA 92628 AUTHORIZED REPRESJ AT VE Q�rIC /"I, rel 0 1$88 014 ACORD CORPONOATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD A'ca�a� CERTIFICATE OF LIABILITY INSURANCE �. DATE(MMIDD/YYYY) 10/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s►. PRODUCER ACID Insurance Agency, Inc. 2600 N. Central Ex w . Sulte 800 Richardson, TX 75080 CONTACT NAME: PHONE FAX -E�-Ch4AIL 972-702-9004 AIX NoJ;972-687-0604 ADDRESS! accounlmanagers@,Bcig.com EACH OCCURRENCE $ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : www.acig.com INSURED Kitchell CEM, Inc. B: _INSURER 4719 Vewridge Avenue, Suite 130 INSURER C: PERSONAL & ADV INJURY $ INSURER D : San Diego CA 92123 INSURER E: INSURER F: Steadfast Insurance Company 26387 COVERAGES CERTIFICATE NUMBER: 26950907 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. ,LTR ADDLTYPE OF INSURANCE INSD WVD POLICY NUMBER MM DDIYOLICY YYY MFF MODNYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I] OCCUR EACH OCCURRENCE $ DKVA-GE TO RENTED PREMISFS LFa aoc}urg.�g $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accldenl BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) P tid ( ) $ HIREDAUTOS NON -OWNED AUTOS 'PRO'P'ERTY DAMAGE $ Per acciden $ LAB OCCUR _EACH OCCURRENCE $ HUMBRELLA EXCESS LAB CLAIMS -MADE AGGREGATE $ $ - 1'7117 RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E. L. EACH ACCIDENT $ (MandatoryIn NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ F ]Contractor Professional/Pollution EOC 3999322-07 6/1/2015 6/1/2016 Per Claim $1,000,000 Liability `Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Construction Management Services for Remodeling and/or New Construction of Various City Facilities – City Hall Renovation and Fire Station No. 1 Professional/Pollution "Aggregate limit is total insurance available for all claims presented within the policy period for operations of insured. Limit will be reduced by payments of indemnity and/or expenses. CERTIFICATE HOLDER CANCELLATION Costa Mesa Cityy of Costa Mesa Put lic Services/Engineering 77 Fair Drive 4th Flay Costa Mesa to 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. AUTHORIZED REPRESENTATIVE Michael J. O'Neill ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 26950907 115/16 PL 1/1 I Skylar Romines 110/16/2015 9:52:39 AM (CDT) I Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. 00 c CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �. 10/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsemvnt(s). PRODUCER ACiG Insurance Agency, Inc. IMA CONTACT 2000 N. Central Exe,21 .Suite 800 �1tfi 972-702-9004 Ax 972-702-9004 972-8870804 Richardson, TX 7508i] IL _ INSURERS AFFORDING COVERAGE NAIC k www.acig.com INSURER A: American Contractors Ins. Co. RRG 12300 INSURED INSURERB: ACIG Insurance Company 19984 Kitchell CEM, Inc. 4719 Viewridge Avenue, Suite 130 INSURERC: San Diego CA 92123 INSURER D: INSURER E: COVERAGES CERTIFICATE NUMBER: 26950939 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. NOTVVITHSTANDING 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 AlibL1800 Y - POLICY EFF I POLICY EXP LTR TYPE OF INSURANCE POLICYNUMBER MMIDDIYYYY MM/DDIYYYY LIMITS A `/ COMMERCIAL GENERAL LIABILITY GL15PA0002 6/1/2015 6/1/2018 EACH OCCURRENCE $ 5,000,000 A A CLAIMS -MADE occuR / GL15PB0002 GL XS GL15PC0002 (GL XS) 6/1/2015 6/1/2015 6/1/2018 6/1/2018 NT `— -- -PREMISES, 1Ea.0j;C4ff.UF)C0l $ 100.000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: . �POLICY L_,/1 PIR& F__] LOC GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OPAGG $ 5,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LII $ Fa a '. ffl! _ BODILY INJURY (Per person) $ ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS I�RCiP><R'TYDAMAGE $ Peracdd 1 _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERSLIABILITY ' YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ® N / A �/ WCA000006815 6/1/2015 6/1/2016 $PER TAT TE ER E,L EACH ACCIDENT $ 1,000,000 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 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Construction Management Services for Remodeling and/or New Construction of Various City Facilities — City Hall Renovation and Fire Station No. 1 Certificate Holder is included as Additional Insured and Waivers of Subrogation apply, per endorsements attached. CERTIFICATE HOLDER CANCELLATION Cit of Costa Mesa Pudic Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa CA 92028 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael J. O'Neill ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 26950939 1 15/16 15PA GL5/5 WC Retro CA AZ NV I Skylar Romines 1 10/16/2015 9:55:08 AM (CDT) I Page 1 of 3 This certificate cancels and supersedes ALL previously issued certificates. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required by contract to include as an additional insured on this policy if the contract is executed prior to the loss. A Who is an Insured (Section II) is amended to include as an insured any person or organization shown in the above SCHEDULE called additional insured), but only with respect to liability for "bodily injury", ry", "property damage' or "personal and advertising injury' arising out of your premises or your operations for the additional insured. B The insurance provided to the additional insured is subject to the following limitations: 1. Unless required by written contract, this insurance does not apply to "bodily injury" or "property damage' occurring after "your work" for the additional insured has been completed or after that portion of "your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization. 2. Unless required by written contract, this insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence, act or omission of the additional insured. 3. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement. 4. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional services by any insured, including: a) The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or, b) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured 5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy specifically applies to that person or organization. 6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage in the construction industry. C. This insurance shall not exceed the scope of coverage, including limits, of this policy and in no event shall the insurance provided to the additional insured exceed the scope of coverage, including limits, required by the contract. If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the terms of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are specified, the 04/13 editions shall apply. 17. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infonnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as policy effective date unless otherwise indicated above. Policy Effective: 6/11/2015 Insured: Kitchell CEM, Inc. Policy No.: GL15PA0002 Insurance Company: American Contractors Insurance Co. RRG Countersigned By 26950939 115/16 15PA GL5/5 WC Retro CA AZ NV I Skylar Romines 1 10/16/2015 9:55;00 AM (CDT) I Page 2 of 3 This certificate cancels and supersedes ALL previously issued certificates. Endorsement No.: Premium $ 829 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed. 04-84) 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Whomever the named insured is required by written contract executed prior to loss to waive rights of recovery against. This endorsement does not apply to policies in California, Kentucky, New Jersey, Texas: or Utah. This endorsement does not apply to policies in Missouri where the employer is in the construction group of coda classifications. This endorsement does not apply to policies in Kansas for private construction contracts unless the construction project involved is a consolidated or wrap-up program. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Insured Kitchell CEM, Inc. Carrier Name/Code: ACIG Insurance Company WC 00 03 13 (Ed. 04-84) © 1983 National Council on Compensation Insurance. Policy No. WCA000006815 Endorsement No. Premium $ Countersigned by 2695093915/16 15PA GLS/5 WC Retro CA AZ NV I Skylar Romines 1 10/16/2015 9:55;00 AM (CDT) I Page 3 of 3 This certificate cancels and supersedes ALL previously issued certificates. EXHIBIT F CITY COUNCIL POLICY 100-5 17 Kitchell CEM, Inc. PSA 15 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; 18 Kitchell CEM, Inc. PSA 15 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 D. Establishing a Drug-I-ree 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; 19 Kitchell CEM, Inc. PSA 15 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. 20 Kitchell CEM, Inc. PSA 15 Cl T Y COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: PH -1 SUBJECT: ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM DATE: NOVEMBER 17, 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 S*olo]►yiILyi14►1IT 0EeP►E Adopt the Resolution (Attachment 1) to approve the recommendations by the Traffic Impact Fee Ad Hoc Committee and staff as follows: 1. Continue the current traffic impact fee of $181 per Average Daily Trip (ADT); 2. Continue the incentive program for new developments by assessing traffic impact fees on an incremental basis for the first 100 trips; and 3. Approve the annual accounting of the Citywide Traffic Impact Fee Program. BACKGROUND: Pursuant to California Government Code Section 66000 et seq., and the Costa Mesa Municipal Code, a traffic impact fee study is required by the City to establish a basis for the imposition of Citywide traffic impact fees on new and expanding developments within the City. The purpose of the fee is to fund the necessary transportation/circulation improvements which are related directly to the incremental traffic impacts imposed on the City's transportation system by the development of new and/or changing commercial, industrial, and residential uses as permitted by the General Plan. The fee also maintains compliance with the eligibility requirements of the Orange County Transportation Authority's (OCTA) Measure "M" Program (Measure "M"). The City Council has reviewed the Citywide Traffic Impact Fee Program each year since the fee program was first adopted in 1993. The City Council, in July 1993, also approved the formation of an Ad Hoc Committee consisting of representatives from various stakeholder groups to work with staff on all aspects related to the revision and updating of traffic impact fees. The City Council subsequently appointed an Ad Hoc Committee consisting of members representing large and small developers, the Chamber of Commerce, citizens -at -large, as well as members representing the City Council and the Planning Commission, to assist staff in the development and review of the traffic impact fee. The current Ad Hoc Committee members and their representation are as follows: Mayor Pro Tem James M. Righeimer City Council Liaison Colin McCarthy Planning Commission Representative Kyle Woosley Chamber of Commerce George Sakioka Major Developers' Representative Kerry Smith Small Developers' Representative Brett Rosol At -Large - Representing Costa Mesa Residents Walter Davenport At -Large - Representing Costa Mesa Residents In January 1999, the City Council approved a recommendation by the Traffic Impact Fee Ad Hoc Committee to establish an incentive program for all new residential, commercial, and industrial developments in Costa Mesa. The incentive was based upon the assessment of traffic impact fees on an incremental basis for the first 100 trips generated by new developments. The last major update of the Traffic Impact Fee Study was completed in September 2005. The update took into account the most recent land use and circulation information contained in the 2002 General Plan update and subsequent amendments. Several variations of improvement options were considered, and it was determined that trip fees in the range of $164 per ADT through $300 per ADT could be justified. On September 20, 2005, the City Council adopted Resolution 05-70, approving a traffic impact fee of $181 per Average Daily Trip (ADT). The City Council also approved the continuation of the incentive program for new developments. The traffic impact fee calculation was re -visited again in 2011, resulting in the update of the improvement costs using the most recent data as well as accounting for several completed improvements (Attachment 2). The net effect of the changes yielded a revised calculation of traffic impact fees of $184 per ADT. However, the traffic impact fee of $181 was continued by the City Council due to low development activity as a result of ongoing economic conditions, as well as the schedule of projects in the Capital Improvement Program (CIP). A chronology of actions taken by the City Council on the Citywide Traffic Impact Fee Program between the years of 1993 and 2014 is included in Attachment 3. ANALYSIS: The City Council, in June 2012, authorized a comprehensive review of the City's General Plan, including the Land Use and Circulation Elements. As part of this effort, the traffic impact fee program will undergo significant review early next year. In consideration of this, a majority of Traffic Impact Fee Ad Hoc Committee members recommended the continuation of the current traffic impact fee of $181 per Average Daily Trip (ADT) and the continuation of the incentive program for the first 100 trips. The City will initiate meetings with the Traffic Impact Fee Ad Hoc Committee early next year following completion of the updated traffic model and a preliminary review of future transportation conditions with updated land use information. Incentive Program: The incentive program for the first 100 trips of development applies to all developments throughout the City. Several residential developments and smaller commercial developments have benefited from this incentive program. Therefore, the Traffic Impact Fee Ad Hoc Committee has recommended continuation of this program. The maximum amount of discount awarded to any one project is $12,075. Based on development projects approved over the past several years, staff has estimated that on an annual basis, this incentive has saved the development community approximately $75,000. E Annual Accountina of the Traffic Impact Fee: California Government Code Section 66001(d) requires an annual review, findings, and accounting of the Citywide Traffic Impact Fee Program. Attachment 4 depicts the opening balance, the ending balance on June 30, 2015, interest earned, revenues, expenditures, and unexpended funds from the Citywide Traffic Impact Fee Account. This attachment also shows that there are no funds unexpended or uncommitted in the account five (5) or more years after deposit and that no administrative costs have been charged to the fee account. As required by the Government Code, the updated Capital Improvement Plan (CIP) is contained in the Fiscal Year 2015-16 adopted budget and remains valid for the current traffic impact fee review. The traffic impact fee account information, including the interest earned, shown in Attachment 4, is available for public review. ALTERNATIVES CONSIDERED: The City Council has the option to choose a traffic impact fee rate anywhere in the range of $164 per ADT to $300 per ADT, based on the most recent update of the traffic impact fee analysis. An additional alternative is to not have a Citywide Traffic Impact Fee Program at all. This alternative, however, would make the City ineligible to receive funds from any of the competitive grant programs processed through the Orange County Transportation Authority's Combined Transportation Funding Programs. The City Council also has the option of modifying or suspending the incentive program for new developments. FISCAL REVIEW: The traffic impact fees fund only a portion of the required Citywide improvements, and alternative funding sources such as Measure `M,' federal funds, and other City funds may be needed to fully fund the transportation improvements as required in the City's General Plan Circulation Element. The continuation of incentives for new development projects would result in a decrease in traffic impact fee revenues than would otherwise be received. The total amount of incentives in any given year would be difficult to estimate. However, based on development projects approved over the past several years, staff has estimated that on an annual basis the total amount of incentives would be approximately $75,000. Given that the proposed incentive program may be effective until the next annual update, and the unlikelihood that new development projects will trigger the need for circulation improvements based on existing traffic conditions, it is not necessary to identify an alternate funding source at this time. The "incentive" shortfall will be added to the City -funded portion. If the incentive program is made permanent in the future, further analysis may be necessary to identify a funding source, other than Measure 'M' funds, to complete circulation improvements attributed to new development projects. LEGAL REVIEW: The City Attorney's Office has reviewed and approved the Resolution (Attachment 1) for establishing the City's traffic impact fee and continuing the incentive program for all new developments in Costa Mesa by assessment of traffic impact fees on an incremental basis. ,��7T► [�7 ��1~�L�7TF The Citywide Traffic Impact Fee Program estimated in 2005 was updated in 2011 based on the most recent cost information and accounting for completed projects, as well as considering the available balance in the Traffic Impact Fee Account. As the City has recently initiated a comprehensive update of Land Use and Circulation Elements of the General Plan, the Traffic Impact Fee Ad Hoc Committee recommended that the current traffic impact fee of $181 per ADT and the incentive program for new developments be continued. Staff recommends City Council's approval of the Traffic Impact Fee Ad Hoc Committee's recommendation. 3 ERNESTO MUNOZ Public Services Director STEPHEN DUNIVENT Interim Finance Director RAJA SETHURAMAN Transportation Services Manager ATTACHMENTS: 1 - Traffic Impact Fee Resolution 2- Revised Traffic Impact Fee Calculation 3- Chronology of City Council Actions 4- Traffic Impact Fee Accounting Summary DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Economic & Dev. Svs. Director City Clerk Division Staff File C! ATTACHMENT 1 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONTINUING THE CITYWIDE TRAFFIC IMPACT FEE FOR NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND THE RELATED ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM AND CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, California Government Code Section 66000 et seq. enables cities to charge fees for transportation facilities; and WHEREAS, the City Council adopted Ordinance Nos. 93-11 and 97-11 authorizing the adoption of a traffic impact fee; and WHEREAS, the City Council adopted Resolution Nos. 93-43 and 93-53 to establish that the traffic impact fee shall be assessed upon all new development projects which have not received a building permit on or before August 6, 1993; and WHEREAS, the City Council adopted Resolution Nos. 94-59, 95-35, 96-57, 97-51, 98-64, 99-35, 00-52, 01-34, 02-27, 03-62, 04-59, 05-70, 06-85, 07-77, 08-81, 09-67, 10- 70, 11-42, 12-73, 13-54, and 14-73, to re-establish the traffic impact fee and to conduct an annual review of the fee and capital improvement plans; and WHEREAS, California Government Code Section 66001(d) requires the City Council to make specified findings every five years with respect to any portion of the traffic impact fees collected that remain unexpended or uncommitted in its account to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged; and WHEREAS, California Government Code Section 66002(b) also requires a separate annual review of the City's capital improvement plan for improvements to be paid for by the traffic impact fee; and WHEREAS, California Government Code Section 66006(b) requires the City of Costa Mesa to make available to the public, certain information, including but not limited to the amount of the fee, the amount of fees collected and the interest earned thereon, and the beginning and ending balance of the traffic impact fee for the previous fiscal year; i iJ WHEREAS, the City Council has opted to conduct the review of traffic impact fees required by California Government Code Section 66001(d) on an annual basis in conjunction with its review of the capital improvement plan as required by California Government Code Section 66002(b) and the annual accounting as required by California Government Code Section 66006(b)(1); and WHEREAS, the primary purpose of this resolution is to continue the traffic impact fees based on the updated 2011 Traffic Impact Fee Study and to enable the City to continue the traffic impact fee program and to comply with the eligibility requirements of the Orange County Measure M Program; and WHEREAS, the secondary purpose of this resolution is to comply with the annual review requirements under California Government Code Section 66000 et seq.; and WHEREAS, the traffic impact fee is necessary because new development increases the need for public transportation/circulation facilities in the City of Costa Mesa not only during peak periods, but throughout the day; the City transportation/circulation system will be burdened by the demands of carrying vehicles of a larger number of 04 persons and cargo due to new commercial, industrial, and residential uses; the 2002 General Plan, Environmental Impact Report No. 1049 and subsequent General Plan Amendments indicate that development of new commercial, industrial and residential uses is expected to exceed current commercial, industrial and residential uses and that the City transportation/circulation systems will need to be increased in capacity to carry the increase in the number of vehicles due to new commercial, industrial and residential uses; and WHEREAS, the City's municipal code, Section 13-276, identifies projects that are exempt from traffic impact fee program; and WHEREAS, the City conducted a Traffic Impact Fee Study in 2005 and updated in 2011 to review the costs of public transportation facilities attributed to the development of new commercial, industrial and residential uses based on the 2002 General Plan and the Environmental Impact Report No. 1049; and WHEREAS, the Public Services Department has conducted an audit of the accounts for the traffic impact fee program and the audit is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Traffic Impact Fee Study was available for public inspection and review fifteen (15) days prior to the City Council approval date of December 1, 2015; and WHEREAS, pursuant to Government Code Sections 66001, 66002, 66006, and 66018, notice was mailed to all interested parties on record fifteen (15) days prior to the public hearing held on December 1, 2015; and WHEREAS, the City Council conducted a public hearing on December 1, 2015, received testimony and evidence from the developers in the City of Costa Mesa and has 3 evaluated justification for establishment of the fee given economic and social factors, as well as average fees charged by surrounding cities; and WHEREAS, the City Council does hereby make the following findings based on the 2002 General Plan, Environmental Impact Report No. 1049, the 2011 Traffic Impact Fee Study, public testimony, opinions of its traffic engineers, and other evidence received at the public hearing held on December 1, 2015: 1. The purpose of the fee is to fund transportation/circulation improvements within the City of Costa Mesa which are related directly to the incremental traffic/vehicle burden imposed upon the City transportation/circulation system by the development of new commercial, industrial and residential uses as permitted by the 2002 General Plan and identified in Environmental Impact Report No. 1049, and to comply with eligibility requirements of the Orange County Measure M Program; and 2. There is a reasonable relationship between the traffic impact fee's use and the development projects on which the fee is imposed because the transportation/circulation facilities funded by the fee are needed to accommodate the incremental new traffic/vehicle burdens generated by the development of new commercial, industrial and residential uses upon which the fee is imposed; and 3. There is a reasonable relationship between the need for the transportation/circulation facilities and the development of new commercial, industrial and residential projects upon which the fee is imposed because the new development projects paying the fee will receive a direct benefit from the transportation/circulation facilities funded by the fee; the transportation/circulation facilities funded by the fee will increase traffic/vehicle circulation capacity on streets and highways directly burdened by the 12 increase in traffic/vehicles generated by new development projects upon which the fee is charged; the cost of transportation/circulation facilities attributed to existing deficiencies, existing land uses and population, excess and reserve capacity, and regional transportation needs have been excluded from the fee calculation, and such costs are not included in the fee to be paid by the development; and 4. There does not exist any portion of the traffic impact fee imposed under Resolution Nos. 93-43, 94-59, 95-35, 96-57, 97-51, 98-64, 99-35, 00-52, 01-34, 02-27, 03-62, 04-59, 05-70, 06-85, 07-77, 08-81, 09-67, 10-70, 11-42, 12-73, 13-54, and 14-73, remaining unexpended or uncommitted in the City of Costa Mesa traffic impact fee accounts five or more years after the deposit of the fee, and no refunds of the fee are required; the capital improvement plan, that was adopted with the updated 2011 Traffic Impact Fee Study and re -adopted by this resolution, is adequate to provide the facilities for which the traffic impact fee is charged and does not need to be amended; and the audit by the Public Services Department set forth in Exhibit "A" accurately reflects the balance of the traffic impact fee account on the fees collected, the interest thereon, and other income and amount of expenditures and refunds of the traffic impact fee made by the City of Costa Mesa during the prior fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, does hereby incorporate by reference the foregoing recitations as findings and that said findings are true and correct. BE IT FURTHER RESOLVED, that the City Council of the City of Costa Mesa, California, does hereby re-establish the traffic impact fee and traffic impact fee regulations as follows: 0 1. The traffic impact fee shall be a fee of $181.00 per each new average daily vehicle trip end generated by all new commercial, industrial and residential developments. 2. The traffic impact fee established pursuant to this resolution shall be collected and administered to comply with all requirements of Ordinance Nos. 93-11 and 97-11. 3. Once the fee is deposited with the Finance Department of the City of Costa Mesa, the fee shall be deposited in an account separate from the General Fund with interest thereon deposited back to such account. Records of the deposits, interest, expenditures and refunds of the fees in the account shall be maintained by the Finance Department pursuant to Government Code Sections 66001 and 66006. The fee shall be used only for those transportation/circulation improvements and services identified in the updated 2011 Traffic Impact Fee Study. The fee shall be subject to review by the Director of Public Services every twelve (12) months to determine that the fee does not exceed the cost of transportation/circulation improvements to accommodate the traffic/vehicles generated by new commercial, industrial and residential development that pay the fee. Should the fee require adjustment, the Director of Public Services shall set the fee for public hearing and adjustment by City Council as required by Government Code Section 4. The traffic impact fee shall be assessed upon all development projects that have not received a building permit on or before August 6, 1993. 5. There is a need for a partial exemption from traffic impact fees consistent with Resolution 99-2 to serve as an incentive to allow the private market the capability of 3 developing projects that result in community development consistent with the goals and objectives of the Costa Mesa 2002 General Plan. BE IT FURTHER RESOLVED that the City Council of the City of Costa Mesa, California does hereby adopt an incentive for developments within Costa Mesa as follows: 1. The traffic impact fee for all new residential, commercial and industrial developments shall be assessed on an incremental basis as shown below: Average Daily Trip Ends (ADT) Traffic Impact Fee 0 to 25 ADT $ 0/ADT 26 to 50 ADT for incremental trips exceeding 25 ADT $ 50/ADT 51 to 75 ADT for incremental trips exceeding 50 ADT $ 75/ADT 76 to 100 ADT for incremental trips exceeding 75 ADT $100/ADT > 100 ADT for incremental trips exceeding 100 ADT $181/ADT 2. The above incremental assessment is also available for expansion or modification of existing residential, commercial and industrial developments. However, the applicable increment to be used for expansion or modification of an existing development shall be based on the combined total of ADTs for the existing development plus any additional ADTs that the expansion or modification will generate. There shall be no reduction in traffic impact fees or incremental incentive for any existing development which already generates 100 ADTs or more and which is expanding or modifying the existing development. 3. The incentive for new developments shall be effective until the next annual review of the traffic impact fee program. BE IT FINALLY RESOLVED that the City Council of the City of Costa Mesa, California, does hereby adopt the comprehensive transportation/circulation system 7 capital improvement plan as identified in the updated 2011 Traffic Impact Fee Study pursuant to Government Code Section 66002. PASSED AND ADOPTED this 1St day of December, 2015. ATTEST: Stephen M. Mensinger, Mayor APPROVED AS TO FORM: Brenda Green, City Clerk Thomas P. Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 15- and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1 st day of December, 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 day of December, 2015. (SEAL) BRENDA GREEN, CITY CLERK 9 J z Q W w L. r Q a U_ LL LL ATTACHMENT 2 s U fa E O m c r 0 V U m N .4 r 00 M O 669 V G R R m 0 O ao a LL N a+ CZ. R N O. 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W 14. 4. � OoU �o � oW oW a.r 0 U ;o2zRo ma 00000 *flp0;-.40 0 d v v v v 0 v v v v v v v c� � ' w 0a •d 'd G ° v "d "d -d Ts 170. -d v v v v v v v U4-4 v v v v v [- CA 00 00 00 v 0 DC 00 00 00 00 00 00 00 .-• 4 � 69 U/ .--1 b4 .- i 69 .- r U 1 60 W -� 69 —4 69 r 69 r- 69 .� 69 —4 69 .- 's Iri 7$ U U U U U U U U U U U 4 A 00 Z l� DD d t� l� O 9 d- v'� �p [� 00 <4, O � N M d' �z0 000 00.-.-��� -i x O 110 tl- a0 � O O O N O O O O ,--i .-+ N N N Cr O �', O O O O O O O O v N N N N N N y v v -0 0 0 O O O O D U U 10 +U U U U U U U 0 0 0 a �O 0000zzz o 1 Coo OI�,O cO6 w d' N .-4 -4 N N -4 N - -4 CITY OF COSTA MESA CITYWIDE TRAFFIC IMPACT FEE ACCOUNT Fund Balance as of June 30, 2015 FISCAL YEAR 2014 - 2015 Beginning Fund Balance July 1, 2014 1. Revenues Traffic Impact Fees Investment Earnings Misc / Other Reimbursement 2. Expenditures 3. Refunds Revenue Subtotal Amount of funds expended or uncommitted after 5 years 4. Administrative Costs 5. Fund Balance as of June 30, 2015 6. Measure M2 Projects Current and Future Appropriations Harbor - Adams Harbor - Sunflower Harbor - Gisler Bristol - Baker Fairview - Wilson E. 17th Street - Tustin Harbor - South Coast West 17th Street $3,282,524 $241,897 $17,147 $11,010 $270,054 $547,871 $0 $0 $0 $3,004,707 $1,904,077 ATTACHMENT 4 Cl T Y COUNCIL A GENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: PH -2 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING SECTIONS 8-76,8-77, AND 8-83 OF CHAPTER IV (GARBAGE, RUBBISH, AND WEEDS), OF TITLE 8 (HEALTH AND SANITATION), OF THE COSTA MESA MUNICIPAL CODE, RELATING TO MANDATORY COMMERCIAL WASTE AND ORGANICS RECYCLING DATE: NOVEMBER 16, 2015 FROM: PUBLIC SERVICES DEPARTMENT/ADMINISTRATION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: MIKE KOZIEL, MANAGEMENT ANALYST (714) 754- 5024 Introduce Ordinance No.15-xx (Attachment 1) to amend sections 8-76, 8-77, and 8-83 of Chapter IV (Garbage, Rubbish, and Weeds) of Title 8 for first reading; to be read by title only, and waive further reading, regarding Mandatory Commercial Waste Recycling and new requirements of Mandatory Organics Recycling required by the State of California. BACKGROUND: Building upon the requirements of AB341 which mandated commercial waste recycling, the State of California has now added mandatory organic recycling. As the result of the signing of AB1826 into law, the new mandatory organics recycling requirements will be phased in over several years and will help the state meet its goal to recycle 75 percent of its waste by 2020. Beginning on April 1, 2016, businesses, including commercial and industrial, and public entities such as schools, hospitals, stores, restaurants, for-profit or nonprofit organizations, and residential dwellings with 5+ units (however "multifamily" dwellings are not required to have a food waste diversion program) must recycle their organic waste over time based on the amount and type of waste the business generates on a weekly basis, with full implementation realized in 2020. AB 1826 expressly allows local governments to adopt requirements that are more stringent than the new requirements set forth in the California Public Resources Code. Organics recycling requirements depend on the amount of organic waste generated weekly by the business (see table below). The minimum threshold of organic waste generation by businesses decreases over time to increase the proportion of the commercial sector that will be required to comply with the new organics recycling requirements in the coming years. Date Threshold to Arrange for Organic Waste Recycling Services April 1, 2016 Businesses that generate 8 cubic yards of organic waste per week January 1, 2017 Businesses that generate 4 cubic yards of organic waste per week January 1, 2019 Businesses that generate 4 cubic yards of commercial solid waste per week January 1, 2020 Businesses that generate 2 cubic yards of commercial solid waste per week (the 2 cubic yard requirement only takes effect if CalRecycle determines that statewide disposal of organic waste in 2020 has not been reduced by 50% of 2014 levels). ANALYSIS: The goal of the mandatory commercial organics recycling law (AB 1826) is to help California achieve aggressive recycling and greenhouse gas emission goals. California landfills take in about 30 million tons of waste each year, of which more than 30% is organic. The State has determined that these organics should be composted or used to produce renewable energy rather than going into landfills. Greenhouse gas emissions resulting from the decomposition of organic waste in landfills have been identified as a significant source of emissions contributing to global climate change. The City of Costa Mesa has in place an excellent mechanism for implementing this mandate. The City operates under a non-exclusive waste hauling franchise that licenses permitted waste hauling firms to provide solid waste collection and recycling services to commercial and multi- family dwellings. It shall be the responsibility of the City of Costa Mesa authorized Waste Haulers to comply with these new State mandates in order to operate under their annual permits. The proposed amendments to Chapter IV of Title 8 (Attachment 2) will assure that the haulers comply with these regulations, as shown in the "strike and bold" version of the ordinance (Attachment 3). ALTERNATIVES CONSIDERED: An alternative to this City Council action would be to reject the amendments, potentially exposing the City to fines of up to $10,000 per day for non-compliance. The Council could also consider a separate new franchise system for exclusively processing the organics at an unknown but potentially significant administrative and business cost. FISCAL REVIEW: Section 2, Chapter 12.9 of AB1826 Recycling of Organic Waste states that "no reimbursement is required by this act pursuant to Section 6 of Article Xlll 8 of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code." The City's authorized waste haulers set their charges based upon the competitive market (a benefit to clients of the non-exclusive franchise system), and therefore their costs of compliance with the program will likely be passed on to their clients. The fiscal impact to the City is additional unknown administrative cost and time of implementing, monitoring, and reporting on the program. Increased costs to the City will be offset by additional revenues from increased gross receipts by the authorized haulers. LEGAL REVIEW: The City attorney has reviewed this report and has prepared the attached ordinance as amended. CONCLUSION: Assembly Bill 1826 requires that commencing April 1, 2016, the City implement an organic recycling program. Adoption of the proposed ordinance as amended would result in clarifying the language of the current ordinance while, at the same time, ensuring compliance with State law by implementing its requirements. Therefore, staff requests the City Council introduce Ordinance Number 15-xx to amend sections 8-76, 8-77, and 8-83 of Chapter IV (Garbage, Rubbish, and Weeds), of Title 8, for first reading; to be read by title only, and waive further reading, regarding Mandatory Commercial Waste Recycling and new requirements of Mandatory Organics Recycling. ERNESTO MUNOZ MIKE KOZIEL Public Services Director Management Analyst DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney City Clerk Division Staff File ATTACHMENTS: 1. Ordinance No. 15- 2. Amended Code Sections 3. Strike and Bold Version of the Amended Code Sections ATTACHMENT 1 ORDINANCE NO. 1S - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO AMEND TITLE 8 OF THE COSTA MESA MUNICIPAL CODE BY AMENDING SECTIONS 8-76 (DEFINITIONS), 8-77 (PERMIT) AND 8-83 (REGULATIONS) OF ARTICLE I (SOLID WASTE COLLECTION) OF CHAPTER IV (GARBAGE, RUBBISH AND WEEDS) THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: WHEREAS, Assembly Bill 1826 requires that commencing April 1, 2016, the City require a business that generates a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner; WHEREAS, Assembly Bill 1826 decreases the amount of organic waste under which a business would be subject to those requirements from 8 cubic yards or more to 4 cubic yards or more on January 1, 2017; WHEREAS, Assembly Bill 1826 also requires a business that generates 4 cubic yards or more of commercial solid waste per week, on and after January 1, 2019, to arrange for organic waste recycling services and, if the Department of Resources Recycling and Recovery makes a specified determination, would decrease that amount to 2 cubic yards, on or after January 1, 2020; WHEREAS, Assembly Bill 1826 requires that the City, on and after January 1, 2016, implement an organic waste recycling program to divert organic waste from the businesses subject to this act; WHEREAS, Assembly Bill 1826 will require the City to report to the Department of Resources Recycling and Recovery on its progress in implementing the organic waste recycling program, and the department would be required to review whether a jurisdiction is in compliance with this act; WHEREAS, Assembly Bill 1826 authorizes the City to charge and collect a fee from an organic waste generator to recover the local governmental agency's costs incurred in complying with this act; and WHEREAS, this Ordinance 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 will have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: 11 Section 1: Sections 8-76, 8-77 and 8-83 of Article I of Chapter IV of Title 8 are amended to add sub -section (x) to section 8-76, sub -section (e)(5)(f) to section 8- 77 and sub -sections (i), 0), (k) and (1) to section 8-83, to read as follows: Sec. 8-76. — Definitions. The following terms as used in this article shall, unless the context already indicates otherwise, have the respective meanings herein set forth: (x) Organic Waste. Organic material including food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed with food waste. Sec. 8-77. - Permit. (e) Each permit application shall be filed with the public services department and shall include the following information: (5) A written source reduction and recycling plan with details and time frame for implementation on how the permittee will provide the programs to its customers as required by the City of Costa Mesa Source Reduction and Recycling Element which include but are not limited to all of the following: f. Organic waste recycling programs. In order to comply with the requirements of Chapter 12.9 of Part 3 of Division 30 of the Public Resources Code, the director of public services may require a permit applicant, seeking an A Tier hauler designation, to demonstrate their ability to provide organics recycling services as a condition of permit issuance. Sec. 8-83. - Regulations. (i) All businesses as defined by Public Resources Code section 42649.1 generating four -cubic -yards of trash per week, and all multi -family properties of 5 units or more, must arrange for the collection and recycling of solid waste as follows: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials with a permittee. (2) Subscribe to a recycling service with a permittee that may include mixed waste processing that yields diversion results comparable to source separation. (j) On or before April 1, 2016, all businesses as defined by Public Resources Code section 42649.8 et seq., including multi -family residential dwellings of 5 or more units, must arrange for recycling services specifically for the organic waste that they generate in the manner specified in subsection k. as follows: (1) On and after April 1, 2016, a business that generates eight cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste; 2 0 (2) On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste; (3) On and after January 1, 2019, a business that generates four cubic yards or more of commercial solid waste, as defined in Public Resources Code section 42649. 1, per week, shall arrange for recycling services specifically for organic waste; and (4) On or after January 1, 2020, if the state Department of Resources Recycling and Recovery determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specifically for organic waste, unless the Department of Resources Recycling and Recovery determines that this requirement will not result in significant additional reductions of organics disposal. (k) All businesses as defined by Public Resources Code section 42649.8 et seq. including multi -family residential dwellings of 5 or more units located within the city shall do one or more of the following, except that a multifamily residential dwelling is not required to arrange for the organic waste recycling for food waste: (1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste with a permittee that recycles organic waste; (2) Recycle its organic waste onsite or self -haul its own organic waste for recycling; (3) Subscribe to a mixed waste processing service from a permittee that recycles organic waste; and/or (4) Donate or sell organic waste to a person or entity authorized by law to receive such waste. (1) Property management companies that contract for trash service for any commercial, institutional, or multi -family properties subject to this article are required to contract or otherwise make available recycling services to comply with this section. Section 2: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 3: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the 311 Ob validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. Section 4: This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. Adopted this day of , 2015 Stephen Mensinger, Mayor ATTEST: Brenda Green City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF COSTA MESA CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the day of , 2015, and thereafter at the regular meeting of said City Council duly held on the day of , 2015, was duly passed and adopted by the following vote, to wit: 4 (q) AYES: NOES: ABSENT: ABSTAIN: Brenda Green City Clerk of the City of Costa Mesa IN ATTACHMENT 2 CHAPTER IV. - GARBAGE, RUBBISH AND WEEDSU Footnotes: --- (4) --- Cross reference— Transporting garbage in parks, § 12-29; rubbish in parks, § 12-51. ARTICLE 1. - SOLID WASTE COLLECTIONU Footnotes: --- (5) --- Editor's note—Section 2 of Ord. No. 92-31, adopted Jan. 18, 1993, amended Art. 1 of Ch. IV, specifically §§ 8-76-8-84, to read as herein set out. Formerly, §§ 8-76-8-84 pertained to garbage, rubbish, and weeds generally and derived from §§ 5200-5206 and § 5210 of the 1960 Code. Section 3 of Ord. No. 92-31 renumbered § 8-89 as § 8-85. Formerly § 8-89 derived from § 5211 of the 1960 Code and § 3 of Ord. No. 73-13, adopted April 16, 1973. Also, § 4 of Ord. No. 92-31 repealed §§ 8-86-8-89, which derived from §§ 5207-5209 of the 1960 Code. Sec. 8-76. - Definitions. The following terms as used in this article shall, unless the context already indicates otherwise, have the respective meanings herein set forth: (a) Collection: The operation of gathering together and transporting solid waste to the point of disposal. (b) County: County of Orange. (c) Commercial units: Any commercial business establishment including, but not limited to, hotels, motels, offices and professional buildings, and retail establishments of all kinds, including supermarkets, filling stations, department and variety stores. (d) Disposal: The complete operation of treating and disposing of the accumulations of refuse and of the product or residue arising from such treatment. (e) Disposal station: A facility established, maintained and operated by the City or the County for the disposal of refuse. (f) Garbage: Solid waste as defined in California Public Resources Code Sections 40191 and 49503. (g) Multifamily residential units: A permanent building containing two (2) or more dwelling units including, but not limited to, mobile home parks. (h) Hazardous waste: (1) All waste defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act (42 USC 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), and all future amendments thereto, or regulations promulgated thereunder; and Val Page 1 (2) All waste defined in California Public Resources Code Section 40141 or characterized as hazardous waste by the Principal agencies of the State of California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state; provided that the term "hazardous waste": a. Is intended to mean and include those substances which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods; b. Shall include radioactive wastes; and c. Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two (2) or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste. (i) Industrial units: Any business establishment engaged in manufacturing, warehousing, construction, and/or demolition. Q) Infectious waste: Solid waste capable of producing an infection or pertaining to or characterized by the presence of pathogens or medical waste as regulated by the Medical Waste Management Act (California Health and Safety Code Section 25015 et seq.). It includes but is not limited to certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, and any waste which includes animal wastes or parts from slaughterhouses or rendering plants. (k) Intermediate processing facility: A solid waste transfer or processing station or facility as defined in California Public Resources Code Section 40200. (1) Material recovery facility: A solid waste facility where source -separated recyclables are processed and recovered. (m) Permittee: Any person or solid waste enterprise who collects, hauls or disposes of any form of solid waste, hazardous waste or infectious waste for compensation pursuant to a permit issued under this section. (n) Public highway: Any public street, alley, road, public place or highway open to and used by the traveling public and not used as a private right-of-way. (o) Recycling: The process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in California Public Resources Code Section 40180. (p) Recyclable material: Solid waste material that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (q) Refuse. Solid waste as defined in California Public Resources Code Sections 40191 and 49503. (r) Residential units: All those dwelling units not included in the definition of multifamily residential units unless otherwise designated by the city. (s) Scavenge. The unauthorized removal of any recyclable materials as defined by California Public Resources Code Sections 41950 and 41951 or solid waste without a permit under this article. (t) Solid waste. All solid waste as defined in California Public Resources Code Sections 40191 and 49503. (u) Solid waste enterprise. A solid waste enterprise as defined in California Public Resources Code Section 49504. (v) Solid waste handling services. A solid waste handling service as defined in California Public Resources Code Section 49505. Page 2 OD (w) Transfer station. A solid waste transfer or processing station or facility as defined in California Public Resources Code Section 40200. (x) Organic Waste. Organic material including food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed with food waste. (Ord. No. 92-31, § 2, 1-18-93) Sec. 8-77. - Permit. (a) No person shall collect any solid waste, hazardous waste or infectious waste upon, along or across any public highway in the city from any commercial, industrial or multifamily residential units, or residential units without first applying for and receiving all permits required from the city. In addition to the permit required under this article, a business license must be obtained prior to doing business within the city, and a separate vehicle permit for each and every vehicle used for collecting solid waste, hazardous waste or infectious waste and setting of containers within the city right-of-way. The permittee shall place each permit issued pursuant to this article in the lower right front window of the vehicle so that it is clearly visible from the street. (b) The city shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this article. Permitted haulers shall submit quarterly reports to the director of public services from a state -or county -certified weighing facility documenting gross tonnage collected and net tonnage diverted except that tonnage for bins exclusively used for industrial construction or demolition may be certified and documented to the city by the permittee based on volume or other types of receipts from the receiving facility. The city reserves the right to randomly select trucks to have weighed by a state -certified facility to ensure compliance. All costs for random weight measurements will be borne by the permittee. Such a facility must have the ability to process recyclable materials in preparation for end-user markets. Failure to provide said reports within thirty (30) days will result in suspension of the permit until tonnage reporting is submitted to the director of public services. If said reports are not submitted within forty-five (45) days of the end of each quarter, the hauler's permit in effect at the time of the violation will be revoked as provided in section 8-79. Failure to meet minimum diversion rates will result in the revocation of the permit as provided in section 8-79. (c) Any person or solid waste enterprise who is issued a permit pursuant to this article shall comply with all of the regulations in this article including but not limited to the source reduction and recycling provisions of section 8-84. (d) Any person or solid waste enterprise desiring to obtain a permit to remove or convey any solid waste, hazardous waste or infectious waste upon or along any public highway within the city from any commercial, industrial or residential multifamily unit(s), or residential unit(s), shall sign and file an application with the city and pay a permit application fee established by resolution of the city council. To the extent permitted by law, the information submitted in the application shall be kept confidential. (e) Each permit application shall be filed with the public services department and shall include the following information: (1) The name and address of the applicant. (2) The type of solid waste, hazardous waste or infectious waste to be collected in each of the applicable areas: Industrial commercial, multiple -family residential, and/or residential. (3) The approximate amount of tonnage of solid waste to be collected in each of the applicable areas to be served by permittee: Industrial, commercial, multiple -family residential and/or residential. (4) For hazardous waste and infectious waste, written proof that the person or solid waste enterprise has obtained all necessary permits from the county, State of California and federal agencies for the collection of such waste and has insurance coverage for the transport and disposal of such waste. Page 3 (5) A written source reduction and recycling plan with details and time frame for implementation on how the permittee will provide the programs to its customers as required by the City of Costa Mesa Source Reduction and Recycling Element which include but are not limited to all of the following: a. Reduction of solid waste to maintain a fifty (50) per cent diversion rate through source reduction, recycling and composting. b. Economic incentives to achieve the diversion rates set forth in subparagraph (5)a. c. Technical, instructional, promotional, and educational programs to achieve the diversion rates set forth in subparagraph (5)a. d. Composting programs to facilitate the achievement of the diversion rates set forth in subparagraph (5)a. e. Special waste programs. f. Organic waste recycling programs. In order to comply with the requirements of Chapter 12.9 of Part 3 of Division 30 of the Public Resources Code, the director of public services may require a permit applicant, seeking an A Tier hauler designation, to demonstrate their ability to provide organics recycling services as a condition of permit issuance. (6) Any other information or additional financial information from the permittee, including, but not limited to, the right to audit financial records, or require a performance bond, or other suitable evidence of financial responsibility, if at any time such information is found to be necessary by the city council. The permittee will provide a certified copy of the permittee's last fiscal year's financial report, audited by a certified public accountant. All financial information contained in the permit application made to the city pursuant to this article shall be deemed to be confidential and shall be retained by the city for its use and, under no circumstances, will such information be released to anyone other than the permittee without the consent of the permittee. (7) The Costa Mesa Sanitary District ("CMSD") will continue its franchise for all single-family residential and multi -family residential receiving curbside service. No other permittee will be allowed to operate in areas governed by the CMSD. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 93-7, §§ 1, 2, 2-16-93; Ord. No. 04-12, � 1(B), 11-15-04) Sec. 8-78. - Issuance or denial of permit. (a) When an application has been made to the city for a permit pursuant to this article, it shall be the duty of the director of the public services department to consider the matter; and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of this Code. In granting, conditioning or denying the permit request, the director of public services and the city council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with the solid waste handling service standards enumerated in this article. (2) The ability of the permittee to comply with the equipment standards enumerated in this article. (3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this article. (4) The ability of the permittee to provide programs and comply with the City of Costa Mesa Source Reduction and Recycling Element and implement the source reduction and recycling plan proposed by the permittee pursuant to paragraph (5) of subsection (e) of section 8-77. (b) The decision by the city council on a permit application shall be final. Page 4 Q a" (c) No permit granted pursuant to this article shall be assigned or transferred without the consent of the director of public services. The term of the permit shall be for a period of seven (7) years, provided that on each anniversary date of a permit it shall be automatically extended for one (1) additional year so that the term remains seven (7) years unless at least sixty (60) days prior to the anniversary date either the city or permittee notifies the other in writing that the permit will not be renewed in which case the term shall not be extended for an additional year and will have only six (6) years remaining and shall not be automatically extended thereafter. Nothing in this subdivision shall prevent the city from terminating a permit before the end of its term pursuant to the provisions of section 8-79. No permit granted pursuant to this article shall limit the right of the city to grant an exclusive or nonexclusive franchise for solid waste handling services in the city. A permit issued under this article shall not grant the permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under such section. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, § 1(Q. 11-15-04) Sec. 8-79. - Revocation of permit. (a) In the event that any person or solid waste enterprise holding a permit to collect solid waste, hazardous waste, or infectious waste upon or along any public highway within the city from any commercial, industrial, or multifamily residential unit(s), or residential unit(s) violates any of the conditions of such permit, the requirements of section 8-87, the provisions of this article, or any other ordinance, statute, or regulation relating to the collection, storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an unlawful, improper, or unsanitary manner, the director of public services may revoke such permit issued to such person or enterprise as provided by this section. (b) The director of public services may revoke a permit by issuing a written order to the permittee and the order shall state the grounds for such revocation, and that if proof of compliance is not provided to the director of public services within thirty (30) calendar days from the date of the written order, the permit will be revoked forty-five (45) calendar days from the date the written order was mailed. The order shall be mailed by certified mail to the permittee. The written order shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of this Code. Upon revocation of a permit, the permittee shall cease all services subject to the permit within seventy-five (75) calendar days from the date the order is mailed. The director may adopt regulations to implement the provisions of this section. (c) Regarding the failure of a permittee to comply with the requirements of section 8-84, including, but not limited to, the maintenance of the fifty (50) per cent diversion mandate, as required in its source reduction and recycling plan, the following procedure will be followed: (1) The director will determine whether the permittee has made a good faith effort to comply with the conditions of the permit and the requirements of this article. The director will consider evidence submitted by the permittee concerning this matter and the permittee has the burden of establishing that it has made reasonable and feasible good faith efforts to achieve compliance. Evidence to be considered on this issue includes, but is not limited to, how close to compliance the particular deficiency is, the efforts the permittee has taken to meet the requirement, the expense required to provide the permittee with the means for compliance, the results of similar permittees in meeting the requirement, the availability of new technologies which the permittee could utilize to satisfy the requirement, the plans submitted by the permittee showing what steps it plans to take to enable it to fully comply with the requirement and the time that will take, whether permittee has already taken reasonable steps to alter its operations in time to meet the requirement, and what impact the permittee's failure has on the city's overall compliance with the state requirements for solid waste reduction and diversion. The permittee's good faith efforts must conform to any guidelines established by the city and/or the state in this regard. Page 5 9 (2) The provisions of this subsection authorizing the director to consider the good faith efforts of a permittee shall only be applicable so long as the state authorizes and grants a comparable good faith exception concerning the city's responsibilities under state law. (3) If the director determines that a good faith effort has been made by the permittee, the director may decide not to revoke the permit. If the permit is not revoked, the director may impose new conditions to the permit, such as: (i) the permittee must prepare a full compliance plan to show how it intends to meet the diversion requirement, (ii) the plan must be submitted within 30 days and approved by the director, (iii) the permittee must comply with that plan, or (iv) any other conditions that the director concludes are appropriate and will help meet the requirements of state law and the city ordinance. (4) If a permit is not revoked because the director determines that a good faith effort had been made, the permit revocation process may be commenced again at any time the director determines new grounds therefor exists, including, but not limited to, noncompliance with any new conditions placed upon the permit at the time the good faith determination was made. (d) If a permit is revoked, no permit shall be thereafter granted to such person to collect solid waste, hazardous waste or infectious waste in the city until such time as the permittee can prove the ability to comply with this article. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 99-1, § 1, 2-16-99; Ord. No. 99-12, § 1, 7-19-99; Ord. No. 04-12. � 1(D). (E), 11-15-04) Sec. 8-80. - Equipment requirements. (a) Vehicles used by the permittee for solid waste handling services shall be approved by the director of public services or his or her designee and shall be in safe and operable condition. Vehicles shall be painted with the firm name on each side at a minimum of three -inch -high letters. No materials shall leak, fall or be spilled from any such vehicle or bin attached thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage. Equipment bodies shall be of metal and watertight. Vehicles must pass city approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport solid waste, hazardous waste or infectious waste contents to places of disposal or separation for recycling. The maximum gross weight imposed by the wheels of any one (1) axle shall not exceed twenty thousand (20,000) pounds. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the city. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the city or the California Highway Patrol. (b) Each vehicle required to have a permit, pursuant to this article, must pass a California Highway Patrol Biannual Inspection of Terminals for each vehicle or other inspection approved by the director of public services. Proof of inspection is required to be submitted to the public services department twice per year. Failure to pass the vehicle inspection may result in denial or revocation of the permit. (c) Each container of a residential unit utilizing curbside service shall comply with the requirements of the CMSD. (d) Containers to be used by industrial and commercial units and multifamily units not utilizing curbside service shall be provided by the permittee. Containers shall have the name and the phone number of the permittee clearly visible on two (2) sides in letters not less than three (3) inches in height. Containers shall be of a design and size to contain all the contents therein in such manner as to promote good housekeeping conditions. The owner of such containers shall maintain them in a safe and sanitary condition. The director of public services shall have the authority to approve new containers at any time. (e) All permittees shall maintain their containers to present a well -kept appearance and ensure that the container area is left clean of debris and refuse after pickup or delivery. Users shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services. Page 6 a (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12. � 1(F), 11-15-04) Sec. 8-81. - Service standards. (a) In all areas of the city pickup shall be at least once per week. Pickups shall not be made between the hours of 8:00 p.m. and 7:00 a.m., unless otherwise approved by the director of public services or CMSD. No collection will be allowed on Sundays or between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or weekends unless requested and specifically approved by the director of public services. In the event of a holiday, pickups shall be completed one (1) day later than the regularly scheduled collection day. The following are considered to be holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. (b) The schedule for collection from commercial and industrial units shall be determined by the permittee and occupants of such units and subject to review by the director of public services. (c) The permittee shall provide all multi -family residential units a container or containers that have a minimum storage capacity of one-half ('/a) cubic yard of refuse per dwelling unit per week. The minimum service standards are subject to review by the director of public services. (d) All collections of refuse from multi -family residential units of five (5) or more dwelling units shall be made from private property except where the director of public services has made a written determination that there is a physical limitation or documented safety issue(s) that prevents collection service from private property. (e) The permittee shall be allowed, unless specifically forbidden to do so by the owners or occupants, to enter private courts or places or other private property to make collections under a contract or permit, except in drive-in eating places and drive-in markets where refuse is kept in a paved service yard and where the same shall be picked up from such service yard when deposited there. (f) The permittee shall maintain a place of business at some fixed place within the county and shall maintain a telephone, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. At all times during the hours between 8:00 a.m. and 5:00 p.m. of each day upon which collections are made, said office must be staffed to receive complaints regarding collection. An emergency number shall be made available to city hall for the hours between 5:00 p.m. and 8:00 a.m. and for days upon which collections are not made. (g) If for some reason refuse is not collected, the permittee will leave a tag at least two (2) inches by six (6) inches explaining why on the receptacle or bundle. The condition referred to on said tag must be corrected within one (1) week. The permittee shall be required to maintain daily logs of all tags issued stating the location, and the reason for refusing collection. (h) The permittee shall, in person or by his agent, visit the office of the director of public services at such times as the director of public services shall designate for the purpose of discussing any matters or subject relating to, and any complaints which may concern the performance of his or her permit. The permittee shall report back to the director of public services within the next working day regarding any action or procedure taken with reference to complaints or other matters discussed. (i) In the event of a natural disaster, earthquake, storm, fire or other extraordinary occurrence that may tend to generate abnormal amounts of refuse, the city may require additional collection upon agreement between the city manager and the permittee. (j) In the event that service is interrupted due to labor disputes or other events impacting the health, safety and welfare of the citizens of the city, the city shall have the right to take over and operate any and all equipment of the permittee in order to continue service pursuant to the terms of the contract or permit if it is determined by the city manager to be necessary to the health, safety and welfare of the citizens of the city. If necessary, in the judgment of the city manager, city employees may operate said equipment. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 00-17, §§ 1-3, 11-20-00) Page 7 GI) Sec. 8-82. - Insurance and bonds. (a) The permittee shall at all times keep fully insured, a his or her own expense, all persons employed by him, in connection with the contract as required by Workers' Compensation Insurance and Safety Act of the state, and shall hold the city free and harmless from all liabilities that may arise by reason on the injuries to any employee of the permittee who are injured while performing any work or labor necessary to carry out the provisions of a contract or permit. The permittee, during the life of the permit, shall keep on file with the city clerk evidence that the permittee is fully and properly insured as required by such act. (b) If necessary, in the judgment of city council, the permittee shall deposit with the city a cash deposit or a performance bond guaranteeing the performance of any permit which he may have with the city. The cash deposit or bond shall be in the amount and in a form approved by the city attorney. (c) The permittee shall indemnify the city, its officers and employees, against, and hold the city, its officers and employees, harmless from, any claims asserted against the permittee on account of the negligence of the permittee or its employees, by employees of the permittee or by third parties, arising out of personal injuries or property damage, including hazardous material clean-up costs and penalties, suffered by any such persons on account of the operations of the permittee hereunder. The permittee shall provide and maintain in effect, bodily injury, property damage and environmental liability insurance with limits in an amount approved by the city attorney and as set forth in the permit granted. The permittee shall have the city, its officials and employees named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty (30) days written notice to the city prior to any cancellation thereof. The permittee shall furnish to the city certificates evidencing that the insurance required hereunder is in effect and such certificates shall be in a form approved by the city's risk management office. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, � 1(G), 11-15-04) Sec. 8-83. - Regulations. (a) It shall be unlawful for any person to place, deposit, dump or cause to be placed, deposited or dumped any solid waste, hazardous waste or infectious waste in or upon any private property or in or upon any public property which the public is admitted by easement or license without the consent of the owner, or in or upon any public highway, street, alley, sidewalk, gutter, parkway or upon any private road, alley, sidewalk, gutter or driveway in common use, or upon any public property other than property designated or set aside as a disposal station for such purpose by resolution of the city council or county board of supervisors. (b) It shall be unlawful for any person to place, deposit or dump solid waste, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the city, or within a distance of five hundred (500) feet from any established residence or dwelling house within the city, or to cause or suffer or permit such solid waste, hazardous waste or infectious waste to be placed, deposited or dumped upon any public or private property within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred (500) feet of any established residence or dwelling house in the city, without first having obtained a use permit pursuant to the zoning laws of the city, county, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the city. The provisions of this subsection shall not apply to solid waste, hazardous waste or infectious waste placed into a container for pickup by a solid waste enterprise operating pursuant to a permit issued under this article. (c) No person shall burn any solid waste, hazardous waste or infectious waste within the city without having first complied with all rules and regulations of the city, the county, the South Coast Air Quality Management District and the state. (d) No person shall scavenge or bury any solid waste, hazardous waste or infectious waste within the city. Page 8 i 6 (e) Special arrangements must be made and permits issued by the county, State of California, and federal agencies for the disposal of any of the following items: Ammunition; explosives; industrial waste; chemicals; infectious; hazardous and radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps. (f) Branches of trees, hedges, etc., shall be cut in lengths of not over four (4) feet and placed in containers or tied into bundles not exceeding fifty (50) pounds. All vacuum cleaner dust sweepings or ashes shall be wrapped and placed in the container. Newspapers and magazines may be bundled in bundles not exceeding fifty (50) pounds maximum. All metal containers may be placed in an enclosed container or wrapped in bundles not exceeding fifty (50) pounds maximum. In areas of curbside refuse collection, the requirements of this subsection are superseded by any requirements of the CMSD. (g) It shall be unlawful for a person or solid waste enterprise to commingle solid waste collected from within the jurisdiction of the City of Costa Mesa with solid waste collected from any other jurisdiction. A violation of this subsection shall result in the revocation of the permit pursuant to section 8-79. (h) For any type of solid waste collection in the city, it shall be unlawful for any person to use the services offered by a person, service, or enterprise that has not obtained all the required permits from the city pursuant to this article. (i) All businesses as defined by Public Resources Code section 42649.1 generating four -cubic -yards of trash per week, and all multi -family properties of 5 units or more, must arrange for the collection and recycling of solid waste as follows: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials with a permittee. (2) Subscribe to a recycling service with a permittee that may include mixed waste processing that yields diversion results comparable to source separation. Q) On or before April 1, 2016, all businesses as defined by Public Resources Code section 42649.8 eq seq., including multi—family residential dwellings of 5 or more units, must arrange for recycling services specifically for the organic waste that they generate in the manner specified in subsection k. as follows: (1) On and after April 1, 2016, a business that generates eight cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste; (2) On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste; (3) On and after January 1, 2019, a business that generates four cubic yards or more of commercial solid waste, as defined in Public Resources Code section 42649.1, per week, shall arrange for recycling services specifically for organic waste; and (4) On or after January 1, 2020, if the state Department of Resources Recycling and Recovery determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specifically for organic waste, unless the Department of Resources Recycling and Recovery determines that this requirement will not result in significant additional reductions of organics disposal. (k) All businesses as defined by Public Resources Code section 42649.8 et seq. including multi -family residential dwellings of 5 or more units located within the city shall do one or more of the following, except that a multifamily residential dwelling is not required to arrange for the organic waste recycling for food waste: (1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste with a permittee that recycles organic waste; Page 9 (2) Recycle its organic waste onsite or self -haul its own organic waste for recycling; (3) Subscribe to a mixed waste processing service from a permittee that recycles organic waste; and/or (4) Donate or sell organic waste to a person or entity authorized by law to receive such waste. (1) Property management companies that contract for trash service for any commercial, institutional, or multi -family properties subject to this article are required to contract or otherwise make available recycling services to comply with this section. Sec. 8-84. - Source reduction and recycling. (a) This section is enacted for the purpose of compliance with the California Integrated Waste Management Act of 1989 in accordance with California Public Resources Code Sections 40000 et seq. ("Act"). The city has adopted a source reduction and recycling element and household hazardous waste element pursuant to said Act which provides for the imposition and collection of charges to fund the preparation, adoption and implementation of said elements. Such charges shall be determined, fixed and established by the city council by resolution. Such charges may be changed by the city council from time to time by resolution. (b) A permittee, as a condition of the permit, shall comply with the following source reduction and recycling requirements: (1) The permittee shall take all necessary steps to cause the industrial, commercial, multifamily residential units, and residential units who produce solid waste subject to the permit and the Act to divert solid waste as required by California Public Resources Code Section 41870 through source reduction, recycling and composting. (2) The permittee shall provide and implement a source reducing and recycling plan for its customers to comply with the programs specified in the city source reduction and recycling element, and submit quarterly reports to the public services department summarizing its progress in diverting solid waste generated by its customers in the city as required by California Public Resources Code Section 41870 and 41821. The quarterly reports must identify the tonnage collected, tonnage recycled, tonnage composted, percentage of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period. (3) As a permittee of the city, the permittee shall be an authorized recycling agent of the city and shall become the owner of all solid waste and recyclable materials, and hazardous waste and infectious waste collected pursuant to the permit. The permittee is solely responsible for arranging for the collection, transportation, recycling, and disposal of all solid waste, hazardous waste or infectious waste collected pursuant to the permit. The recyclables become the property of the permittee once placed in the collection bin. (4) The permittee shall collect a source reduction and recycling fee as imposed by resolution of the city council pursuant to the California Public Resources Code Section 41902 and this section. (c) Failure of the permittee to comply with the provisions of this section shall subject the permittee to civil penalties as determined and approved by city council pursuant to California Public Resources Code Section 41954. (d) Notwithstanding the provisions of section 8-83, a person or entity owning or occupying an industrial, commercial, multifamily residential, or residential unit shall be permitted to create and use compost, as defined in California Public Resources Code Section 40116, on the private or public property that such person or entity owns or occupies. (e) The requirements of this section shall apply to the solid waste handling services provided by the solid waste enterprise under contract with the CMSD. Page 10 ' Q (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, § 1(H). 11-15-04) Sec. 8-85. - Disposal of heavy objects. Every person occupying or having charge or control of any premises in the city shall, at least once within each calendar month, collect and dispose of all waste material and debris, and all other material not included in the meaning of waste material as defined in section 8-76, which may have accumulated on his premises; provided that building or construction waste or debris will be removed upon completion of construction operations. All such waste and debris shall be removed to such dump grounds as may be provided or designated by the city or county. (Ord. No. 92-31, § 3, 1-18-93) Sec. 8-86. - Solid waste hauler permittees to comply with solid waste agreement with Orange County. Notwithstanding the provisions of this article, any person or solid waste enterprise holding a permit issued pursuant to this article shall be required as a condition of that permit to comply with the provisions of the solid waste agreement between the County of Orange and the City of Costa Mesa, and as amended, which agreement is attached as Appendix A to Title 8 and incorporated herein by this reference. The provisions of this section shall be effective July 1, 1997. (Ord. No. 97-8, § 1, 4-7-97) Editor's note— The solid waste agreement referred to in § 8-86 above has not been included within this Code, but may be found attached to Ord. No. 97-8, adopted April 7, 1997, on file in the office of the city clerk. Sec. 8-87. - Franchise fee. (a) Franchise required. No solid waste enterprise shall collect or haul any solid waste along or across any public highway in the City of Costa Mesa without first obtaining and maintaining in effect a solid waste hauling franchise from the city for the use of such streets to conduct its business activity. (b) Grant of franchise. The city hereby grants a solid waste hauling franchise to any solid waste enterprise upon the issuance to it of a permit issued pursuant to section 8-77 of this article. The term of the franchise shall run concurrently with the term of the permit and shall end upon the termination of the permit. The valid possession of such a permit shall be deemed to make a solid waste enterprise a franchisee under this section. (c) Franchise types. Franchises for solid waste hauling, generally (class A), and franchises for affixed container vehicle operators hauling construction and demolition waste (class B) may be issued under this section. (1) Holders of class A franchises ("class A franchisees") may operate any type of solid waste collection vehicle licensed and permitted by the State of California to collect, transport, remove, dispose and/or recycle any type of solid waste material generated by commercial, single-family residential, multi -family residential or industrial units within the city's waste disposal jurisdiction, except as provided in section 8-77(e)(7) of this article. Such franchisees have the exclusive right to place and collect bins and roll -off containers at commercial, single-family residential, multi- family residential and industrial locations, excepting recycling firms that collect materials free of charge or pay net positive revenue (inclusive of hauling fees) for the materials collected. (2) Holders of class B franchises ("class B franchisees") may operate only affixed container vehicles permitted by the State of California to collect and transport non-putrescible and inert waste Page 11 generated at construction and deconstruction sites. Class B franchisees are not allowed to provide drop-off containers or bins at these sites or any other site within the city's waste disposal jurisdiction. Class B franchisees are allowed to utilize sub -contractors to perform waste hauling services provided that those sub -contractors only operate affixed container vehicles. (d) Franchise fee. Every holder of a franchise issued pursuant to this section ("franchisee") shall pay a franchise fee as set by city council resolution based on the percentage of annual gross receipts. The purpose of the franchise fee is to provide funds to the city to pay for the maintenance and rehabilitation of the public highways in the city and for other general revenue purposes. Class A franchisees shall pay an annual minimum franchisee fee in the amount of ten thousand dollars ($10,000.00). This fee shall be prorated in the amount of two thousand five hundred dollars ($2,500.00) per quarter beginning with the quarter in which the franchise is granted. Class B franchisees shall pay an annual minimum franchisee fee in the amount of one thousand five hundred dollars ($1,500.00), which shall not be prorated. Such annual minimum franchisee fee payments shall be paid to the city upon issuance of a permit pursuant to section 8-77 of this article and, thereafter, by January 1 of each calendar year. Failure to timely pay franchise fees shall result in a penalty in the amount of five (5) per cent of the delinquent franchise fee owed, plus an additional one and one-half (1.5) per cent of the fee for each month, or any portion thereof, that payment is late. Failure to timely pay franchise fees may also result in the commencement of permit revocation proceedings. The annual minimum franchisee fee shall be credited only toward the franchise fees that accrue during the same calendar year in which the minimum fee is paid. (e) Franchise fee reports. Every franchisee is required to submit a quarterly franchise fee report. Failure to submit a report within forty-five (45) days of the end of each calendar quarter shall result in a fine of one hundred fifty dollars ($150.00) for each non -submittal. Submission of an incomplete report shall constitute a failure to submit a report and shall be subject to the one hundred fifty dollars ($150.00) fine for non -submittal. (f) Records requirements. Every franchisee shall maintain all records relating to its solid waste handling services pursuant to this section, including, but not limited to, customer lists, billing records, services requests, cash receipts records, records demonstrating compliance with the requirements of section 8-84(b) of this article, and other documents and materials that reasonably relate the franchisee's compliance with this section. Upon five (5) business days' notice, such records shall be made available for city inspection at the franchisee's regular place of business. If the franchisee's regular place of business is not located within the county, the franchisee shall make such records available for city inspection at a location within the county, as determined by the city. (g) Audit requirements. An independent auditing firm shall perform an audit, at the city's expense, of any franchisee's records (the "city audit') to ensure compliance with the provisions of this section on an annual and/or as -needed basis, to be determined by the city. The scope of the city audit shall be set by city council resolution. If a city audit determines that a franchisee has not paid its full franchise fee, the city shall invoice the franchisee for the amount of the net deficiency plus a penalty fee equal to twenty (20) per cent of the net deficiency. (h) Exemption. The franchise fee imposed pursuant to this section shall not be imposed upon any solid waste enterprise that has a franchise or contract with the Costa Mesa Sanitary District for any revenue the solid waste enterprise earns under that franchise or contract. (Ord. No. 04-12, 4 1(A). 11-15-04; Ord. No. 07-19. � 1, 12-4-07; Ord. No. 08-3, § 1. 1-15-08) Secs. 8-88-8-96. - Reserved. ARTICLE 2. - RESERVEDv Footnotes: Page 12 0 --- (6) --- Editor's note— Sec. 8-97-8-130. - Reserved. Page 13 ATTACHMENT 3 CHAPTER IV. - GARBAGE, RUBBISH AND WEEDSU Footnotes: --- (4) --- Cross reference— Transporting garbage in parks, § 12-29; rubbish in parks, § 12-51. ARTICLE 1. - SOLID WASTE COLLECTIONU Footnotes: Editor's note—Section 2 of Ord. No. 92-31, adopted Jan. 18, 1993, amended Art. 1 of Ch. IV, specifically §§ 8-76---8-84, to read as herein set out. Formerly, §§ 8-76-8-84 pertained to garbage, rubbish, and weeds generally and derived from §§ 5200---5206 and § 5210 of the 1960 Code. Section 3 of Ord. No. 92-31 renumbered § 8-89 as § 8-85. Formerly § 8-89 derived from § 5211 of the 1960.Code and § 3 of Ord. No. 73-13, adopted April 16, 1973. Also, § 4 of Ord. No. 92-31 repealed §§ 8-86-8-89, which derived from §§ 5207-5209 of the 1960 Code. Sec. 8-76. - Definitions. The following terms as used in this article shall, unless the context already indicates otherwise, have the respective meanings herein set forth: (a) Collection: The operation of gathering together and transporting solid waste to the point of disposal. (b) County: County of Orange. (c) Commercial units: Any commercial business establishment including, but not limited to, hotels, motels, offices and professional buildings, and retail establishments of all kinds, including supermarkets, filling stations, department and variety stores. (d) Disposal: The complete operation of treating and disposing of the accumulations of refuse and of the product or residue arising from such treatment. (e) Disposal station: A facility established, maintained and operated by the City or the County for the disposal of refuse. (f) Garbage: Solid waste as defined in California Public Resources Code Sections 40191 and 49503. (g) Multifamily residential units: A permanent building containing two (2) or more dwelling units including, but not limited to, mobile home parks. (h) Hazardous waste: (1) All waste defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act (42 USC 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), and all future amendments thereto, or regulations promulgated thereunder; and f c� Page (2) All waste defined in California Public Resources Code Section 40141 or characterized as hazardous waste by the Principal agencies of the State of California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state; provided that the term "hazardous waste": a. Is intended to mean and include those substances which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods; b. Shall include radioactive wastes; and Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two (2) or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste. (i) Industrial units: Any business establishment engaged in manufacturing, warehousing, construction, and/or demolition. (j) Infectious waste: Solid waste capable of producing an infection or pertaining to or characterized by the presence of pathogens or medical waste as regulated by the Medical Waste Management Act (California Health and Safety Code Section 25015 et seq.). It includes but is not limited to certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, and any waste which includes animal wastes or parts from slaughterhouses or rendering plants. (k) Intermediate processing facility: A solid waste transfer or processing station or facility as defined in California Public Resources Code Section 40200. (1) Material recovery facility: A solid waste facility where source -separated recyclables are processed and recovered. (m) Permittee: Any person or solid waste enterprise who collects, hauls or disposes of any form of solid waste, hazardous waste or infectious waste for compensation pursuant to a permit issued under this section. (n) Public highway: Any public street, alley, road, public place or highway open to and used by the traveling public and not used as a private right-of-way. (o) Recycling: The process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in California Public Resources Code Section 40180. (p) Recyclable material: Solid waste material that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (q) Refuse. Solid waste as defined in California Public Resources Code Sections 40191 and 49503. (r) Residential units: All those dwelling units not included in the definition of multifamily residential units unless otherwise designated by the city. (s) Scavenge. The unauthorized removal of any recyclable materials as defined by California Public Resources Code Sections 41950 and 41951 or solid waste without a permit under this article. (t) Solid waste. All solid waste as defined in California Public Resources Code Sections 40191 and 49503. (u) Solid waste enterprise. A solid waste enterprise as defined in California Public Resources Code Section 49504. (v) Solid waste handling services. A solid waste handling service as defined in California Public Resources Code Section 49505. Page 2 (w) Transfer station. A solid waste transfer or processing station or facility as defined in California Public Resources Code Section 40200. (x) Organic Waste. Organic material including food waste greenwaste, landscape and PrUning waste, nonazardous wood waste and food-soiled paper waste that is mixed with food waste. (Ord. No. 92-31, § 2, 1-18-93) Sec. 8-77. - Permit. (a) No person shall collect any solid waste, hazardous waste or infectious waste upon, along or across any public highway in the city from any commercial, industrial or multifamily residential units, or residential units without first applying for and receiving all permits required from the city. In addition to the permit required under this article, a business license must be obtained prior to doing business within the city, and a separate vehicle permit for each and every vehicle used for collecting solid waste, hazardous waste or infectious waste and setting of containers within the city right-of-way. The permittee shall place each permit issued pursuant to this article in the lower right front window of the vehicle so that it is clearly visible from the street. (b) The city shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this article. Permitted haulers shall submit quarterly reports to the director of public services from a state -or county -certified weighing facility documenting gross tonnage collected and net tonnage diverted except that tonnage for bins exclusively used for industrial construction or demolition may be certified and documented to the city by the permittee based on volume or other types of receipts from the receiving facility. The city reserves the right to randomly select trucks to have weighed by a state -certified facility to ensure compliance. All costs for random weight measurements will be borne by the permittee. Such a facility must have the ability to process recyclable materials in preparation for end-user markets. Failure to provide said reports within thirty (30) days will result in suspension of the permit until tonnage reporting is submitted to the director of public services. If said reports are not submitted within forty-five (45) days of the end of each quarter, the hauler's permit in effect at the time of the violation will be revoked as provided in section 8-79. Failure to meet minimum diversion rates will result in the revocation of the permit as provided in section 8-79. (c) Any person or solid waste enterprise who is issued a permit pursuant to this article shall comply with all of the regulations in this article including but not limited to the source reduction and recycling provisions of section 8-84. (d) Any person or solid waste enterprise desiring to obtain a permit to remove or convey any solid waste, hazardous waste or infectious waste upon or along any public highway within the city from any commercial, industrial or residential multifamily unit(s), or residential unit(s), shall sign and file an application with the city and pay a permit application fee established by resolution of the city council. To the extent permitted by law, the information submitted in the application shall be kept confidential. (e) Each permit application shall be filed with the public services department and shall include the following information: (1) The name and address of the applicant. (2) The type of solid waste, hazardous waste or infectious waste to be collected in each of the applicable areas: Industrial commercial, multiple -family residential, and/or residential. (3) The approximate amount of tonnage of solid waste to be collected in each of the applicable areas to be served by permittee: Industrial, commercial, multiple -family residential and/or residential. (4) For hazardous waste and infectious waste, written proof that the person or solid waste enterprise has obtained all necessary permits from the county, State of California and federal agencies for the collection of such waste and has insurance coverage for the transport and disposal of such waste. Page 3- (5) A written source reduction and recycling plan with details and time frame for implementation on how the permittee will provide the programs to its customers as required by the City of Costa Mesa Source Reduction and Recycling Element which include but are not limited to all of the following: a. Reduction of solid waste to maintain a fifty (50) per cent diversion rate through source reduction, recycling and composting. b. Economic incentives to achieve the diversion rates set forth in subparagraph (5)a. c. Technical, instructional, promotional, and educational programs to achieve the diversion rates set forth in subparagraph (5)a. d. Composting programs to facilitate the achievement of the diversion rates set forth in subparagraph (5)a. e. Special waste programs. f Organic waste recycling programs. In order to comply with the requirements of Chapter 12.9 of 'Part 3 of Division 30 of the Public Resources Code the director of P44kc-services ma require a permit applicant seeking an A Tier hauler designation to demonstrate their ability to provide orc ar7ics rec clip services as a condition of ermit issuance. (6) Any other information or additional financial information from the permittee, including, but not limited to, the right to audit financial records, or require a performance bond, or other suitable evidence of financial responsibility, if at any time such information is found to be necessary by the city council. The permittee will provide a certified copy of the permittee's last fiscal year's financial report, audited by a certified public accountant. All financial information contained in the permit application made to the city pursuant to this article shall be deemed to be confidential and shall be retained by the city for its use and, under no circumstances, will such information be released to anyone other than the permittee without the consent of the permittee. (7) The Costa Mesa Sanitary District ("CMSD") will continue its franchise for all single-family residential and multi -family residential receiving curbside service. No other permittee will be allowed to operate in areas governed by the CMSD. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 93-7, §§ 1, 2, 2-16-93; Ord. No. 04-12. § 1(B), 11-15-04) Sec. 8-78. - Issuance or denial of permit. (a) When an application has been made to the city for a permit pursuant to this article, it shall be the duty of the director of the public services department to consider the matter; and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of this Code. In granting, conditioning or denying the permit request, the director of public services and the city council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with the solid waste handling service standards enumerated in this article. (2) The ability of the permittee to comply with the equipment standards enumerated in this article. (3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this article. (4) The ability of the permittee to provide programs and comply with the City of Costa Mesa Source Reduction and Recycling Element and implement the source reduction and recycling plan proposed by the permittee pursuant to paragraph (5) of subsection (e) of section 8-77. (b) The decision by the city council on a permit application shall be final. Page O�) (c) No permit granted pursuant to this article shall be assigned or transferred without the consent of the director of public services. The term of the permit shall be for a period of seven (7) years, provided that on each anniversary date of a permit it shall be automatically extended for one (1) additional year so that the term remains seven (7) years unless at least sixty (60) days prior to the anniversary date either the city or permittee notifies the other in writing that the permit will not be renewed in which case the term shall not be extended for an additional year and will have only six (6) years remaining and shall not be automatically extended thereafter. Nothing in this subdivision shall prevent the city from terminating a permit before the end of its term pursuant to the provisions of section 8-79. No permit granted pursuant to this article shall limit the right of the city to grant an exclusive or nonexclusive franchise for solid waste handling services in the city. A permit issued under this article shall not grant the permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under such section. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12 1 C 11-15-04 Sec. 8-79. - Revocation of permit. (a) In the event that any person or solid waste enterprise holding a permit to collect solid waste, hazardous waste, or infectious waste upon or along any public highway within the city from any commercial, industrial, or multifamily residential unit(s), or residential unit(s) violates any of the conditions of such permit, the requirements of section 8-87, the provisions of this article, or any other ordinance, statute, or regulation relating to the collection, storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an unlawful, improper, or unsanitary manner, the director of public services may revoke such permit issued to such person or enterprise as provided by this section. (b) The director of public services may revoke a permit by issuing a written order to the permittee and the order shall state the grounds for such revocation, and that if proof of compliance is not provided to the director of public services within thirty (30) calendar days from the date of the written order, the permit will be revoked forty-five (45) calendar days from the date the written order was mailed. The order shall be mailed by certified mail to the permittee. The written order shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of this Code. Upon revocation of a permit, the permittee shall cease all services subject to the permit within seventy-five (75) calendar days from the date the order is mailed. The director may adopt regulations to implement the provisions of this section. (c) Regarding the failure of a permittee to comply with the requirements of section 8-84, including, but not limited to, the maintenance of the fifty (50) per cent diversion mandate, as required in its source reduction and recycling plan, the following procedure will be followed: (1) The director will determine whether the permittee has made a good faith effort to comply with the conditions of the permit and the requirements of this article. The director will consider evidence submitted by the permittee concerning this matter and the permittee has the burden of establishing that it has made reasonable and feasible good faith efforts to achieve compliance. Evidence to be considered on this issue includes, but is not limited to, how close to compliance the particular deficiency is, the efforts the permittee has taken to meet the requirement, the expense required to provide the permittee with the means for compliance, the results of similar permittees in meeting the requirement, the availability of new technologies which the permittee could utilize to satisfy the requirement, the plans submitted by the permittee showing what steps it plans to take to enable it to fully comply with the requirement and the time that will take, whether permittee has already taken reasonable steps to alter its operations in time to meet the requirement, and what impact the permittee's failure has on the city's overall compliance with the state requirements for solid waste reduction and diversion. The permittee's good faith efforts must conform to any guidelines established by the city and/or the state in this regard. Page ROG (2) The provisions of this subsection authorizing the director to consider the good faith efforts of a permittee shall only be applicable so long as the state authorizes and grants a comparable good faith exception concerning the city's responsibilities under state law. (3) If the director determines that a good faith effort has been made by the permittee, the director may decide not to revoke the permit. If the permit is not revoked, the director may impose new conditions to the permit, such as: (i) the permittee must prepare a full compliance plan to show how it intends to meet the diversion requirement, (ii) the plan must be submitted within 30 days and approved by the director, (iii) the permittee must comply with that plan, or (iv) any other conditions that the director concludes are appropriate and will help meet the requirements of state law and the city ordinance. (4) If a permit is not revoked because the director determines that a good faith effort had been made, the permit revocation process may be commenced again at any time the director determines new grounds therefor exists, including, but not limited to, noncompliance with any new conditions placed upon the permit at the time the good faith determination was made. (d) If a permit is revoked, no permit shall be thereafter granted to such person to collect solid waste, hazardous waste or infectious waste in the city until such time as the permittee can prove the ability to comply with this article. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 99-1, § 1, 2-1.6-99; Ord. No. 99-12, § 1, 7-19-99; Ord. No. 04-12. § 1(D), (E). 11-15-04) Sec. 8-80. - Equipment requirements. (a) Vehicles used by the permittee for solid waste handling services shall be approved by the director of public services or his or her designee and shall be in safe and operable condition. Vehicles shall be painted with the firm name on each side at a minimum of three -inch -high letters. No materials shall leak, fall or be spilled from any such vehicle or bin attached thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage. Equipment bodies shall be of metal and watertight. Vehicles must pass city approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport solid waste, hazardous waste or infectious waste contents to places of disposal or separation for recycling. The maximum gross weight imposed by the wheels of any one (1) axle shall not exceed twenty thousand (20,000) pounds. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the city. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the city or the California Highway Patrol. (b) Each vehicle required to have a permit, pursuant to this article, must pass a California Highway Patrol Biannual Inspection of Terminals for each vehicle or other inspection approved by the director of public services. Proof of inspection is required to be submitted to the public services department twice per year. Failure to pass the vehicle inspection may result in denial or revocation of the permit. (c) Each container of a residential unit utilizing curbside service shall comply with the requirements of the CMSD. (d) Containers to be used by industrial and commercial units and multifamily units not utilizing curbside service shall be provided by the permittee. Containers shall have the name and the phone number of the permittee clearly visible on two (2) sides in letters not less than three (3) inches in height. Containers shall be of a design and size to contain all the contents therein in such manner as to promote good housekeeping conditions. The owner of such containers shall maintain them in a safe and sanitary condition. The director of public services shall have the authority to approve new containers at any time. (e) All permittees shall maintain their containers to present a well -kept appearance and ensure that the container area is left clean of debris and refuse after pickup or delivery. Users shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services. 1-- Page o (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, § 1(F). 11-15-04) Sec. 8-81. - Service standards. (a) In all areas of the city pickup shall be at least once per week. Pickups shall not be made between the hours of 8:00 p.m. and 7:00 a.m., unless otherwise approved by the director of public services or CMSD. No collection will be allowed on Sundays or between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or weekends unless requested and specifically approved by the director of public services. In the event of a holiday, pickups shall be completed one (1) day later than the regularly scheduled collection day. The following are considered to be holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. (b) The schedule for collection from commercial and industrial units shall be determined by the permittee and occupants of such units and subject to review by the director of public services. (c) The permittee shall provide all multi -family residential units a container or containers that have a minimum storage capacity of one-half ('/2) cubic yard of refuse per dwelling unit per week. The minimum service standards are subject to review by the director of public services. (d) All collections of refuse from multi -family residential units of five (5) or more dwelling units shall be made from private property except where the director of public services has made a written determination that there is a physical limitation or documented safety issue(s) that prevents collection service from private property. (e) The permittee shall be allowed, unless specifically forbidden to do so by the owners or occupants, to enter private courts or places or other private property to make collections under a contract or permit, except in drive-in eating places and drive-in markets where refuse is kept in a paved service yard and where the same shall be picked up from such service yard when deposited there. (f) The permittee shall maintain a place of business at some fixed place within the county and shall maintain a telephone, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. At all times during the hours between 8:00 a.m. and 5:00 p.m. of each day upon which collections are made, said office must be staffed to receive complaints regarding collection. An emergency number shall be made available to city hall for the hours between 5:00 p.m. and 8:00 a.m. and for days upon which collections are not made. (g) If for some reason refuse is not collected, the permittee will leave a tag at least two (2) inches by six (6) inches explaining why on the receptacle or bundle. The condition referred to on said tag must be corrected within one (1) week. The permittee shall be required to maintain daily logs of all tags issued stating the location, and the reason for refusing collection. (h) The permittee shall, in person or by his agent, visit the office of the director of public services at such times as the director of public services shall designate for the purpose of discussing any matters or subject relating to, and any complaints which may concern the performance of his or her permit. The permittee shall report back to the director of public services within the next working day regarding any action or procedure taken with reference to complaints or other matters discussed. (i) In the event of a natural disaster, earthquake, storm, fire or other extraordinary occurrence that may tend to generate abnormal amounts of refuse, the city may require additional collection upon agreement between the city manager and the permittee. (j) In the event that service is interrupted due to labor disputes or other events impacting the health, safety and welfare of the citizens of the city, the city shall have the right to take over and operate any and all equipment of the permittee in order to continue service pursuant to the terms of the contract or permit if it is determined by the city manager to be necessary to the health, safety and welfare of the citizens of the city. If necessary, in the judgment of the city manager, city employees may operate said equipment. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 00-17, §§ 1-3, 11-20-00) Page & Sec. 8-82. - Insurance and bonds. (a) The permittee shall at all times keep fully insured, a his or her own expense, all persons employed by him, in connection with the contract as required by Workers' Compensation Insurance and Safety Act of the state, and shall hold the city free and harmless from all liabilities that may arise by reason on the injuries to any employee of the permittee who are injured while performing any work or labor necessary to carry out the provisions of a contract or permit. The permittee, during the life of the permit, shall keep on file with the city clerk evidence that the permittee is fully and properly insured as required by such act. (b) If necessary, in the judgment of city council, the permittee shall deposit with the city a cash deposit or a performance bond guaranteeing the performance of any permit which he may have with the city. The cash deposit or bond shall be in the amount and in a form approved by the city attorney. (c) The permittee shall indemnify the city, its officers and employees, against, and hold the city, its officers and employees, harmless from, any claims asserted against the permittee on account of the negligence of the permittee or its employees, by employees of the permittee or by third parties, arising out of personal injuries or property damage, including hazardous material clean-up costs and penalties, suffered by any such persons on account of the operations of the permittee hereunder. The permittee shall provide and maintain in effect, bodily injury, property damage and environmental liability insurance with limits in an amount approved by the city attorney and as set forth in the permit granted. The permittee shall have the city, its officials and employees named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty (30) days written notice to the city prior to any cancellation thereof. The permittee shall furnish to the city certificates evidencing that the insurance required hereunder is in effect and such certificates shall be in a form approved by the city's risk management office. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, §. I(GI 11-15-04 Sec. 8-83. - Regulations. (a) It shall be unlawful for any person to place, deposit, dump or cause to be placed, deposited or dumped any solid waste, hazardous waste or infectious waste in or upon any private property or in or upon any public property which the public is admitted by easement or license without the consent of the owner, or in or upon any public highway, street, alley, sidewalk, gutter, parkway or upon any private road, alley, sidewalk, gutter or driveway in common use, or upon any public property other than property designated or set aside as a disposal station for such purpose by resolution of the city council or county board of supervisors. (b) It shall be unlawful for any person to place, deposit or dump solid waste, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the city, or within a distance of five hundred (500) feet from any established residence or dwelling house within the city, or to cause or suffer or permit such solid waste, hazardous waste or infectious waste to be placed, deposited or dumped upon any public or private property within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred (500) feet of any established residence or dwelling house in the city, without first having obtained a use permit pursuant to the zoning laws of the city, county, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the city. The provisions of this subsection shall not apply to solid waste, hazardous waste or infectious waste placed into a container for pickup by a solid waste enterprise operating pursuant to a permit issued under this article. (c) No person shall burn any solid waste, hazardous waste or infectious waste within the city without having first complied with all rules and regulations of the city, the county, the South Coast Air Quality Management District and the state. (d) No person shall scavenge or bury any solid waste, hazardous waste or infectious waste within the city. Page (e) Special arrangements must be made and permits issued by the county, State of California, and federal agencies for the disposal of any of the following items: Ammunition; explosives; industrial waste; chemicals; infectious; hazardous and radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps. (f) Branches of trees, hedges, etc., shall be cut in lengths of not over four (4) feet and placed in containers or tied into bundles not exceeding fifty (50) pounds. All vacuum cleaner dust sweepings or ashes shall be wrapped and placed in the container. Newspapers and magazines may be bundled in bundles not exceeding fifty (50) pounds maximum. All metal containers may be placed in an enclosed container or wrapped in bundles not exceeding fifty (50) pounds maximum. In areas of curbside refuse collection, the requirements of this subsection are superseded by any requirements of the CMSD. (g) It shall be unlawful for a person or solid waste enterprise to commingle solid waste collected from within the jurisdiction of the City of Costa Mesa with solid waste collected from any other jurisdiction. A violation of this subsection shall result in the revocation of the permit pursuant to section 8-79. (h) For any type of solid waste collection in the city, it shall be unlawful for any person to use the services offered by a person, service, or enterprise that has not obtained all the required permits from the city pursuant to this article. (i) All businesses as defined by Public Resources Code section 42649.1 generating four -cubic -yards of trash per week, and all multi-farnily properties of 5 units or more, must arrange for the collection and recycling of solid waste as follows. 1 Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling or other arrangements for the pickup of the recyclable materials with a permittee. 2 Subscribe to a recycling service with a permittee that may include mixed waste processing that yields diversion results com arable to source se aration. �I C)n or before A ril 1, 2016 all businesses as defined b Public Resources Code section 42649.8 e seg., including multi --family residential dwellings of 5 or more units, must arrange for recycling services specifically for the organic waste that they generate in the manner specified iii subsection k. as follows: (1) On and after April 1 2016, a business that generates eight cubic yards or more of organic waste per week shall arrange for recyclin services specifically for organic waste; (2) On and after January 1 2017 a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste; (3) On and after January 1, 2019, a business that generates four cubic yards or more of commercial_ solid waste as defined in Public Resources Code section 42649.1, per week, shall arrange for recycling services specifically for organic waste; and 4 On or after January 1 2020 if the state De a ment of Resources Recycling and Recover determines that statewide disposal of or anic waste has nvt been reduced to 50 erten# of the level of disposal during 2014 a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specifically for organic waste, uni�ss the Departmen# of Resources Recycling and Recovery determines that this re uirement will not result in si nificant additional reductions of organics disposal. ("k) Ali businesses as defined by Public Resources Code section 42649.8 et seg. including multi -family residential dwellings of 5 or more units 3ocated within the city shall do one or more of the followings exce➢t tha# a multifamil residential dweilin is not re aired to arran e for the or anic waste rec ciin for food waste: (1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that inc3udes collection aid recycfina of organic waste with a permittee that recycles organic waste; PageWO` (2) Recycle its organic waste onsite or self -haul its own organic waste for recyclingp (3) Subscribe to a mixed waste processing service from a permittee that recycles organic waste; and/or 4 Donate or sell or anic waste to a person or entity authorized by law to receive such waste. (1) Property management companies that contract for trash service for any commercial, institutional, or multi -family properties subject to this article are required to contract or otherwise make available recycling services to comply with this section. (Gr4-44o 92-3 2, 1 4893 Cir -d -N"7 24 § 2, �4_®Q, Sec. 8-84. - Source reduction and recycling. (a) This section is enacted for the purpose of compliance with the California Integrated Waste Management Act of 1989 in accordance with California Public Resources Code Sections 40000 et seq. ("Act"). The city has adopted a source reduction and recycling element and household hazardous waste element pursuant to said Act which provides for the imposition and collection of charges to fund the preparation, adoption and implementation of said elements. Such charges shall be determined, fixed and established by the city council by resolution. Such charges may be changed by the city council from time to time by resolution. (b) A permittee, as a condition of the permit, shall comply with the following source reduction and recycling requirements: (1) The permittee shall take all necessary steps to cause the industrial, commercial, multifamily residential units, and residential units who produce solid waste subject to the permit and the Act to divert solid waste as required by California Public Resources Code Section 41870 through source reduction, recycling and composting. (2) The permittee shall provide and implement a source reducing and recycling plan for its customers to comply with the programs specified in the city source reduction and recycling element, and submit quarterly reports to the public services department summarizing its progress in diverting solid waste generated by its customers in the city as required by California Public Resources Code Section 41870 and 41821. The quarterly reports must identify the tonnage collected, tonnage recycled, tonnage composted, percentage of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period. (3) As a permittee of the city, the permittee shall be an authorized recycling agent of the city and shall become the owner of all solid waste and recyclable materials, and hazardous waste and infectious waste collected pursuant to the permit. The permittee is solely responsible for arranging for the collection, transportation, recycling, and disposal of all solid waste, hazardous waste or infectious waste collected pursuant to the permit. The recyclables become the property of the permittee once placed in the collection bin. (4) The permittee shall collect a source reduction and recycling fee as imposed by resolution of the city council pursuant to the California Public Resources Code Section 41902 and this section. (c) Failure of the permittee to comply with the provisions of this section shall subject the permittee to civil penalties as determined and approved by city council pursuant to California Public Resources Code Section 41954. (d) Notwithstanding the provisions of section 8-83, a person or entity owning or occupying an industrial, commercial, multifamily residential, or residential unit shall be permitted to create and use compost, as defined in California Public Resources Code Section 40116, on the private or public property that such person or entity owns or occupies. (e) The requirements of this section shall apply to the solid waste handling services provided by the solid waste enterprise under contract with the CMSD. �{Y Page 10 (Ord. No. 92-31, § 2, 1-18-93; Ord. talo. 04-12 1 H 11-15-04 Sec. 8-85. - Disposal of heavy objects. Every person occupying or having charge or control of any premises in the city shall, at least once within each calendar month, collect and dispose of all waste material and debris, and all other material not included in the meaning of waste material as defined in section 8-76, which may have accumulated on his premises; provided that building or construction waste or debris will be removed upon completion of construction operations. All such waste and debris shall be removed to such dump grounds as may be provided or designated by the city or county. (Ord. No. 92-31, § 3, 1-18-93) Sec. 8-86. - Solid waste hauler permittees to comply with solid waste agreement with Orange County. Notwithstanding the provisions of this article, any person or solid waste enterprise holding a permit issued pursuant to this article shall be required as a condition of that permit to comply with the provisions of the solid waste agreement between the County of Orange and the City of Costa Mesa, and as amended, which agreement is attached as Appendix A to Title 8 and incorporated herein by this reference. The provisions of this section shall be effective July 1, 1997. (Ord. No. 97-8, § 1, 4-7-97) Editor's note— The solid waste agreement referred to in § 8-86 above has not been included within this Code, but may be found attached to Ord. No. 97-8, adopted April 7, 1997, on file in the office of the city clerk. Sec. 8-87. - Franchise fee. (a) Franchise required. No solid waste enterprise shall collect or haul any solid waste along or across any public highway in the City of Costa Mesa without first obtaining and maintaining in effect a solid waste hauling franchise from the city for the use of such streets to conduct its business activity. (b) Grant of franchise. The city hereby grants a solid waste hauling franchise to any solid waste enterprise upon the issuance to it of a permit issued pursuant to section 8-77 of this article. The term of the franchise shall run concurrently with the term of the permit and shall end upon the termination of the permit. The valid possession of such a permit shall be deemed to make a solid waste enterprise a franchisee under this section. (c) Franchise types. Franchises for solid waste hauling, generally (class A), and franchises for affixed container vehicle operators hauling construction and demolition waste (class B) may be issued under this section. (1) Holders of class A franchises ("class A franchisees") may operate any type of solid waste collection vehicle licensed and permitted by the State of California to collect, transport, remove, dispose and/or recycle any type of solid waste material generated by commercial, single-family residential, multi -family residential or industrial units within the city's waste disposal jurisdiction, except as provided in section 8-77(e)(7) of this article. Such franchisees have the exclusive right to place and collect bins and roll -off containers at commercial, single-family residential, multi- family residential and industrial locations, excepting recycling firms that collect materials free of charge or pay net positive revenue (inclusive of hauling fees) for the materials collected. (2) Holders of class B franchises ("class B franchisees") may operate only affixed container vehicles permitted by the State of California to collect and transport non-putrescible and inert waste G�) Page 11 generated at construction and deconstruction sites. Class B franchisees are not allowed to provide drop-off containers or bins at these sites or any other site within the city's waste disposal jurisdiction. Class B franchisees are allowed to utilize sub -contractors to perform waste hauling services provided that those sub -contractors only operate affixed container vehicles. (d) Franchise fee. Every holder of a franchise issued pursuant to this section ("franchisee") shall pay a franchise fee as set by city council resolution based on the percentage of annual gross receipts. The purpose of the franchise fee is to provide funds to the city to pay for the maintenance and rehabilitation of the public highways in the city and for other general revenue purposes. Class A franchisees shall pay an annual minimum franchisee fee in the amount of ten thousand dollars ($10,000.00). This fee shall be prorated in the amount of two thousand five hundred dollars ($2,500.00) per quarter beginning with the quarter in which the franchise is granted. Class B franchisees shall pay an annual minimum franchisee fee in the amount of one thousand five hundred dollars ($1,500.00), which shall not be prorated. Such annual minimum franchisee fee payments shall be paid to the city upon issuance of a permit pursuant to section 8-77 of this article and, thereafter, by January 1 of each calendar year. Failure to timely pay franchise fees shall result in a penalty in the amount of five (5) per cent of the delinquent franchise fee owed, plus an additional one and one-half (1.5) per cent of the fee for each month, or any portion thereof, that payment is late. Failure to timely pay franchise fees may also result in the commencement of permit revocation proceedings. The annual minimum franchisee fee shall be credited only toward the franchise fees that accrue during the same calendar year in which the minimum fee is paid. (e) Franchise fee reports. Every franchisee is required to submit a quarterly franchise fee report. Failure to submit a report within forty-five (45) days of the end of each calendar quarter shall result in a fine of one hundred fifty dollars ($150.00) for each non -submittal. Submission of an incomplete report shall constitute a failure to submit a report and shall be subject to the one hundred fifty dollars ($150.00) fine for non -submittal. (f) Records requirements. Every franchisee shall maintain all records relating to its solid waste handling services pursuant to this section, including, but not limited to, customer lists, billing records, services requests, cash receipts records, records demonstrating compliance with the requirements of section 8-84(b) of this article, and other documents and materials that reasonably relate the franchisee's compliance with this section. Upon five (5) business days' notice, such records shall be made available for city inspection at the franchisee's regular place of business. If the franchisee's regular place of business is not located within the county, the franchisee shall make such records available for city inspection at a location within the county, as determined by the city. (g) Audit requirements. An independent auditing firm shall perform an audit, at the city's expense, of any franchisee's records (the "city audit") to ensure compliance with the provisions of this section on an annual and/or as -needed basis, to be determined by the city. The scope of the city audit shall be set by city council resolution. If a city audit determines that a franchisee has not paid its full franchise fee, the city shall invoice the franchisee for the amount of the net deficiency plus a penalty fee equal to twenty (20) per cent of the net deficiency. (h) Exemption. The franchise fee imposed pursuant to this section shall not be imposed upon any solid waste enterprise that has a franchise or contract with the Costa Mesa Sanitary District for any revenue the solid waste enterprise earns under that franchise or contract. (Ord. No. 04-12, § 1(A). 11-15-04; Ord. No. 07-19, 4 1,12-4-07; Ord. No. 08-8, � 1, 1-15-08) Secs. 8-88-8-96. - Reserved. ARTICLE 2. - RESERVED19 Footnotes: Page 12D --- (6) --- Editor's note— Sec. 8-97-8-130. - Reserved. J Page 13 Mandatory Commercial Organics Recycling Ordinance (implementing AB 1826) Public Services Department MR 't F mum l Implementation and Alternative Waste hauling in the City of Costa Mesa is covered by Title 8 (Health and Sanitation) of Article I (Solid Waste Collection) of Chapter IV (Garbage, Rubbish, and Weeds) of the Code. Recommended changes to the City's Municipal Code place the requirements of compliance upon the Authorized Haulers who will handle the organic waste recycling mandate. Due to the fact the City has a structured established system in place a smooth implementation is expected. If this ordinance is not approved the City would potentially face large fines for non-compliance for not implementing the new requirements of A61826. 2 i i The City o Costa Mesa Non -Exclusio Waste HaulingSystemFranchise The licensed waste hauling firms permitted in Costa Mesa provide collection and recycling services to commercial and multi -family d, (There are currently nine "A -tier" firms) Haulers are currently required to provide a written source reduction and recyc which includes: Reduction of solid waste to maintain a fifty percent diversion rate throus reduction, recycling, and composting Economic incentives to achieve the diversion rates Technical, instructional, promotional, and educational programs to achiE diversion rates As a result of this ordinance, the authorized Waste Haulers operating in Costa Mesa will be required to comply with the new State mandates. AB 182.6 Bu a irem ents - implementation schedul April 2016 -Businesses generating 8 CY organics/eek required to have organic waste recycling 7 � ►3 Jan 2017 - 4 CY/week of organics Jan 2019 - 4 CY/week of solid waste 2020 trigger: CalRecycle can reduce the organics recycling requirement to 2 CY of waste if statewii organics disposal is not cut in 1/2 Multifamily complexes are not required to divert the food waste, but must recycle all green waste. A Ah r that t.a[Kecycte wi« monitorireview Jan 2016 - Implement program (City of Costa Mesa via A -Tier haulers): Outreach, education, monitoring Organics recycling program May include mandatory recycling via policy or ordinance, franchise agreement or contract, or requiring material to go through MRF Identify barriers; plan to address barriers under control of jurisdiction During CY 2016 - CalRecycle will monitor via annual calls/site visits, their staff will discuss with each jurisdiction what they plan to do for education/outreach/monitoring activities. ► Aug 2017 - jurisdictions must begin reporting in Annual Reports on education, outreach, monitoring, barriers/plans, facility infrastructure 2018 and on forward - jurisdiction reviews 't F MM l For Further Information Links (available on City website under Citi Public Services -Administration - Recyclin CalRecycle Commercial Organics information HLLU: / / www.LaL1 ecvcLe.ca.QUV/ KeLVLLe/ LUrrirriercial/Orp-anics/LocalGc CMSD Residential Organics Recycling Program via CREtR IllustraU= U le vyay° CREtR also one of the Costa Mesa Authorized Waste processing the organics waste • http://www.crosdca.ov/index.php/ori Cl T Y COUNCIL A GENDA REPORT MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: NB -1 SUBJECT: URBAN MASTER PLAN SCREENING REQUEST (UMP -15-04) FOR A 10 -UNIT DETACHED RESIDENTIAL DEVELOPMENT AT 522 AND 526 BERNARD STREET DATE: NOVEMBER 12, 2015 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610 minoo.ashabi@costamesaca.gov RECOMMENDATION Provide feedback on proposed Urban Master Plan for a two and three-story, 10 -unit detached residential development within the Mesa West Residential Ownership Urban Plan. BACKGROUND Mesa West Residential Ownership Urban Plan The property is located within the Mesa West Residential Ownership Urban Plan area. On April 4, 2006, City Council adopted the Mesa West Residential Ownership Urban Plan to allow incentives for the development of ownership housing. The intent of the urban plan is to provide development incentives for private property owners to reinvest and redevelop their properties. On March 5, 2013, the City Council reviewed a development proposal (UMP -13-01) for a three-story 10 -unit attached condominium development. The 10 -unit master plan project was approved by the Planning Commission on October 14, 2013 and included the following deviations: 1) Lot size (one acre required, 0.53 -acre proposed); 2) Garage size standard (20' x 20' required; 19'- 4" x 19' proposed); 3) Open space requirement (40 percent required, 22.4 percent proposed); 4) Front setback requirement (20 feet required, 10'- 5" proposed); 5) Side yard setback for corner lots (10 feet required, 8' - 3" proposed); 6) Interior side setback (10 feet required abutting residential, 6 feet proposed); 7) Minimum distance between buildings (10 feet required, 7 feet proposed); 8) Privacy wall setback on Charle Street (5 feet required, 3 feet proposed); and, The Planning Commission staff report can be found at: http://www. costamesaca.gov/ftp/planningcommission/agenda/2013/2013-10-14/PH-2.pdf The applicant has not commenced the project. A two-year time extension was recently approved by the Planning Commission extending the approval until October 14, 2017. A small lot detached housing development is proposed to supersede the currently entitled condominium project. Compared to the previous project, the new proposal does not involve the same extent of deviations. Deviations from the minimum one -acre requirement and front setback requirement are requested. The new proposal is similar to a recently approved 10 —unit project on the south side of the street at 527 Bernard Street in site design and architecture. Four of the 10 units facing Charle Street are two stories and the six interior units are three stories. The previous plan included three story units with similar setbacks along Charle Street and Bernard Street; however, three-story structures were proposed for all 10 units. Urban Plan Summary Sheet The proposed 0.53 -acre (22,985 SF) site contains two parcels. The property is located at the northeast corner of Bernard Street and Charle Street (Location Map, Attachment 1). The site is zoned R2 -HD (Multiple -Family Residential) and has a General Plan land use designation of High Density Residential. There are currently seven bungalows on the site that were built in 1940s. The Mesa West Residential Ownership Urban Plan area allows a density bonus of up to 20 dwelling units per acre on a minimum one -acre sized lot. Under the current R2 -HD zone, the maximum density allowed on this property is 7 units consistent with the proposed density. Any deviation from the Zoning or Urban Plan standards may be approved through the master plan subject to specific findings. Please see the summary sheet for more information (Attachment 4). EVALUATION OF DEVELOPMENT CONCEPT This urban plan screening process will address the following issues: 1) Does the project meet Council's expectations for projects in the Urban Plan areas? The screening process is an opportunity to determine if the conceptual project meets Council's expectations for new projects in the urban plan areas. Council will be providing initial feedback to the applicants. 2) Does Council have any comments on any requested deviations? The screening process will highlight any requested deviations from the urban plans to Council's attention. The screening process allows the applicant to consider Councils' initial comments and to refine the development concept based on their feedback. CONCLUSION The screening process enables Council to discuss the project at preliminary planning stage and consider whether the project meets Council's expectations for new development in the Mesa West Residential Ownership Urban Plan area. Council's general comments do not set precedent for approval/denial nor constitute final action on the development project. In addition, the applicant should expect the Planning Commission to have other comments/concerns on a proposed development concept that may not have been raised by City Council. The screening process allows the applicant to consider Council's initial comments and to refine the development concept based on their feedback. MINOO ASHABI, AIA GARY ARMSTRONG, AICP Principal Planner Economic and Development Services Director Attachments: 1. Location Map 2. Zoning Map 3. Mesa West Residential Ownership Urban Plan Mao 4. Urban Plan Screening Summary Sheet 5. Conceptual Plans 6. Project Site Plan approved on October 14, 2013 cc: Chief Executive Officer Assistant Chief Executive Officer Public Services Director City Attorney Transportation Services Manager City Engineer City Clerk (9) Staff (7) File (2) Planet Home Living 1451 Quail Street, #204 Newport Beach, CA 92660 MDM Investment Group Holdings LLC 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 M ATTACHMENT PROJECT SITE A ! wog i FO t -�qi''T+ •► _ _10 BERNARD ST LFFFF 1 ff J 116 �$�.' j` ATTACHMENT ZONING MAP r4 fo! ATTACHMENT 10 -UNIT RESIDENTIAL DEVELOPMENT 522 and 526 BERNARD STREET DEVELOPMENT CONCEPT The proposed 0.53 -acre (22,985 SF) site contains two parcels. The property is located at the northeast corner of Bernard Street and Charle Street (Location Map, Attachment 1). The site is zoned R2 -HD (Multiple -Family Residential) and has a General Plan land use designation of High Density Residential. With the current zoning designation, a maximum of 7 units could be built at a density of 14.5 du/acre (one unit per 3,000 SF). Since the site is within the Mesa West Residential Ownership Urban Plan, the proposal is for a 10 -unit development at 19 du/acre. The site is currently accessed by Charle Street and the rear alley. The proposal is taking main access from Bernard Street with three parking spaces taking access from the alley. The site plan has been reviewed by Transportation Division and even though access from Charle Street is preferred, there are no concerns with the proposal. This access is in keeping with the properties to the south on Bernard Street. Parking The project is subject to small lot ordinance parking standards and each unit requires either a one or two car garage (depending on the number of bedrooms); and two open parking stalls. Each of the proposed units include a two -car garage and there is a total of 14 parking spaces including two parallel spaces that take access from the alley. This proposal meets the overall number of parking requirements, but not in the required configuration (garage spaces vs. open parking): Unit type Number Required Provided Parking Required Provided Parking per unit per unit 3 bedroom 4 units Two car garage Two car garage 8 garage spaces 8 garage spaces units Two open Two open parking 8 open parking 8 open parking parking 2 bedroom 6 units One car garage Two car garage 6 garage spaces 12 garage spaces units Two open One open parking 12 open parking 6 open parking parking Total 10 units 14 garage spaces 20 garage 20 open parking spaces 14 open parkin Open Space The small lot subdivision requires a minimum of 30 percent open space. The proposal provides approximately 31 percent of open space at ground level. The three-story units also include a 100 square foot deck on the second floor. The project will be subject to payment of park in lieu fees of $13,572 per unit for detached products. Each unit will include a small private open space at the ground floor which are approximately 200-345 square feet in area with a minimum dimension of 10 feet. DEVELOPMENT FLEXIBILITY IN URBAN PLANS The Urban Plans provide incentives for ownership housing by allowing deviations from development standards, subject to the approval of the Planning Commission. The applicant is requesting "development flexibility" from the Urban Plan standards. DEVELOPMENT STANDARDS With the exception of two requirements (see below), the proposed project complies with the development standards of the Small Lot Subdivision. The Urban Plans allow development flexibility in exchange for quality projects that meet the Urban Plan vision. The applicant is proposing four residential units for ownership consistent with the vision of the urban plans. This development ties into the recently approved project on the north of the site. The final development plan requires approval by the Planning Commission and would require compliance with the development standards. Standard Proposed Small Lot Subdivision/ Urban Plan Minimum Lot Size** 0.53 -acre One acre* Rear yard setback 11 feet 10 feet Open sace 31 % 30% Private open sace 200-345 SF 200 SF Front/Street setback** 10-6" feet on Bernard 8'-3" on Charle Street 20 feet Side yard setback 5feet 5 feet Privacy Wall Setback** 3 feet 5 feet *Mesa West Residential Ownership Urban Plan requires a minimum on -acre lot for development. Similar deviations have been approved for several projects on the west side. **Deviations required. Please note that if a subdivision in conformance with the Small Lot Ordinance is requested, adequate open space, private open space, side and rear setback would be provided. There is no minimum or average lot size requirement; therefore, the project will be in conformance with subdivision and master plan standards with the exception of front yard and wall setback. As envisioned by the urban plans, a residential development would be compatible with the residential mix of high and medium density of the neighboring properties. Since there is adequate separation from the units to the north of the site, shade and shadow impacts will also be minimized. MERITS OF THE URBAN PLAN SCREENING REQUEST Following is a summary of the merits of the proposed project at this location: 1. Proiect meets the following objectives of the Mesa West Residential Ownership Urban Plan: • Stimulate improvement in the Mesa West through well-designed and integrated residential development that is nontraditional in form and design with flexible open floor plans and which complements the surrounding existing development. • Provide a new detached housing type including to appeal to a diverse residential population. • Encourage the design and development of urban residential structures reflecting the urban character envisioned in the urban plans. 2. Project location is appropriate for the proposed land use. The project site is across from a recently approve project with similar site and architectural design. The proposal includes fewer deviations from the previously approved project with a combination of two and three story units. The urban plans envisioned that flexible development standards in this area a such as the added height would stimulate development in this area which is mostly developed with 1950s structures. Proposed Development is consistent with the objectives of the Zoning Code and Urban Plan. The proposed residential development is consistent with the goals and policies of the General Plan and development standards of the Mesa West Residential Ownership Urban Plans. The development generally meets the setback requirements and development standards of the Zoning Code, Small Lot Subdivision Ordinance and the Mesa West Residential Ownership Urban Plan as it pertains to density, parking, open space, and vehicular circulation. project south of Bernard Street. The site and building design with detached units provides a more compatible streetscape. This type of housing with detached units and private yards is desirable for first time home buyers. 5. The proposed project includes undergrounding of the utility poles along Charle Street. With development of the site, all utility poles along Charle Street will be undergrounded and the public right-of-way will be improved with new landscaping significantly improving the streetscape on Charle and Bernard Street. ENTRY FACING BERNARD STREET PRIVATE OPEN SPACE I— W W nE� I— V/ NOTE: THIS EXHIBIT IS FOR BUILDING REFERENCE ONLY. PLEASE REFER TO CIVIL AND LANDSCAPE DRAWINGS FOR ADDTIONAL SITE RELATED INFORMATION. PRIVATE OPEN SPACE C1 DRIVE AISLE / PAVING BERNARD & CHARLE J._,. Planet Home Living 1451 Quail St., Suite 204 to Newport Beach, CA 92660 949-208-7248 planet home livino CHARLE STREET W PERIMETER WALL/FENCE PER LANDSCAPE - R.O.W. DEDICATION NORTH ARCHITECTURAL SITE PLAN mm CITY OF COSTA MESA, CA KTGY # 2015-0118 11 18.2015 ATTACHMENT 5 PROJECT ADDRESS 522+526 BERNARD ST COSTA MESA, CA 92627 CLIENT/DEVELOPER: PLANETHOME LIVING 1451 QUAIL ST, SUITE 204 NEW PORT BEACH, CA 92660 949-208-7248 CONTACT: PATRIC LYNUM ARCNITECTI KTGY GROUP, INC 17911 VON KARMAN AVE. SUITE 200 1 RV E, CA 92614 949-851-2133 CONTACT: ALAN SCALES PROJECT DIVARS DESCRIPTION 10 -SMALL LOT UNI TS WI THIN THE M ESA WEST RESI DENTIA L OWNERSHI P U RBA N PLAN CONSTRUCTION TYPE V -B OCCUPANCY R-3 NUMBER OFSTORIES 2+3 STORIES ZONING SUMMARY ZONING R2 -HD HIGH DENSITY RESI DENT AL SITE AREA 0,53 ACRES 23142N ErSF PROPOSED UNI TS 10 UNITS PROPOSED DENSITY 189 DU/ACRE PROPDX0 REgUIRE-0 FRONTYARD IO FEEF 51PICH 20 FEET SIDE YARDS 5FEETMIN 5FEET STREETSIDE YARDS aFEET REAR YARD I I FEET 10 FEET MAX BUI LDING HEIGHT 40 FEET 45 FEET BUILDING SEPARABON 6FEEr MIN UNITPLAN SUMMARY DESCRIPTION SF Ott SALEBALE SF GARAGE SF BUILDABLE SF PLAN 1(2BD+DEN / 25 BA- 3 STORY) 1624 IF 6 60% 9744 SF 461 SF 12510 PLAN 2(3BD / 2.5 BA - 2 -STORY) 1694 SF 4 409 6776 SF 437 SF 8524 TOTALS 10 _ 16520 SF 21034 5F tOT COVERAGE f OPEN SPAC E PLAN 1 FOOTPRINT 687SF PLAN 2 FOOTPRINT 10815F SITE AREA 23142 SF 13U I LDING COVERAGE 8446 SF 369 :iTREEr/ PARKING 7631 SF 339 OPEN/LANDSCAPING 7065 SF 319 6943 SF REQU I RED PRI VATE OPEN SP ACE 200SFMIN PERUNIT 1=LOOR AREA RATIO 0.91 PARUIHG SSUNMARY _ IiARAGE SPACES 201. GU EST SPACES 14 IL 34 TOTAL 3 4 PER UNIT NOTESI. VIA2CARGARAGES. TOBEA MINIMUM 20%20 CLEAR li OPEN SPACES 10 BE B 5'%I B MINIMUM FO ALLOW FOR ADOUATE BACK UP SPACE OPEN PARKING SPACES ADJACENT TO OTHER OPEN SPACES SHALL BE MIN 9'X18 WHEN DRIV E AI$LE IS 24 -0` W IDE AND 9'-6 % IB O WHEN ADJACENT TO A BUILDING W ALL OR OfHER OBS1RUCHON tow 1 s.1 �� �^� P `� T �•y _ .., 3�n1�M�J1���'��'a•� - --A'€SY 19fN-Sr. VILIMIT MAw, NT. . 0 5 10 20 AO -0 y KTGY Group, Inc. Architecture+Planning 17911 Von Karman Ave., Suite 200 „ Irvine, CA 92614 949.851.2133 ktgy.com �I v ~m --.�_ �- -�� 'L _s_-�. _=Y -, r � s�l�.i_Lr a" � • ..s_ =+�'� rte_ . rl C . � * �'� IIS'. �,� "`�� - '"- � .�- - A_ _ 1 • , �.. rl �f LWMM MON lm�wffi Mi"a .: . [ In BEET PERSPECTIVE A I -U COSTA MESA STREET PERSPECTIVE _W CHARLE STREET - LOOKING SOUTH Al -02 Planet Home Living COSTA MESA, CA KTGY Group, Inc. 1451 Quail St., Suite 204 BTGY # 2015.0893 PLOT DATE 2015-11-19 Architecture+Planning Newport Beach, CA 92660 17922 Fitch 949-208-7248 Irvine, CA 92614 ,planet home living, 949.851.2133in ktgy.com %mod i 71'6` THIRD FLOOR BERNARD & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 planet home living DECK -. 19'•P %Y-7^ --------------- 14 19'fi' d 21W SECOND FLOOR — , '�5 FIRST FLOOR PLAN I FLOOR PLANS CITY OF COSTA MESA, CA BTGY # 2015.0778 11 IB 2015 KTGY Group, Inc. Architecture+Planning 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SF FLOOR124 MFLOORFT Do LoonFT 7QT`AL OY WHOFT K F4EFY 0 2 4 $ A2-01 0 W -W SECOND FLOOR BERNARD & CHARLE Planet Home Living 1451 Quail St., Suite 204 re Newport Beach, CA 92660 949-208-7248 planet home livinc FIRST FLOOR PLAN 2 FLOOR PLANS _.I CITY OF COSTA MESA, CA KTGY # 2015.0778 11181015 KTGY Group, Inc. Arch itectu re+ Plann i ng 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 9T FLOOR M710. FT FLUOR R150 FT QTAJ ry/AEL NG q9/ §Q FT 0 2 4 8 I I I I A2-02 71'2" ----------- I i I 1 1 Y I I I ___________ -------------------- I I I I I I I I I L LJ GARAGE 20'-3'X20'-2" PARKING P KY MO PO V - GREAT ROOM I KITCHEN ;a F 10CI II i -...--._______ \ IL_JJ �r FIRST FLOOR PLAN 2 FLOOR PLANS _.I CITY OF COSTA MESA, CA KTGY # 2015.0778 11181015 KTGY Group, Inc. Arch itectu re+ Plann i ng 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 9T FLOOR M710. FT FLUOR R150 FT QTAJ ry/AEL NG q9/ §Q FT 0 2 4 8 I I I I A2-02 VIEW TOWARD SOUTH VIEW TOWARD WEST BERNARD & CHARLE --- Planet Home Living 1451 Quail St , Suite 204 Newport Beach, CA 92660 949-208-7248 planet i'}sN' e livkig VIEW TOWARD NORTHEAST EXISTING CONDITIONS _M CITY OF COSTA MESA, CA Ri6Y At 201S.0778 II IB 2015 KTGY Group, Inc. Architecture+Plan ning 17911 Von Karman Ave. Irvine, CA 92614 949.851.2133 ktgy.com A3-01 Suite 200 ❑ —. Aug 26, 2013 0 x 16 i i BUILDING 1 I EARpai` USABLE T RDa Z. `DOOR n'7P1 (P2A) >- I �; 3 � W - ol OVERLAY DISTRICT SITE AREA .53 ac ( 23,363.6 SF ) UNITS 15LO YARD w J 18.8 DU/AC PARA N9 e BLDG 1 1 VV!! 9L1 YARD w BLDG 2 3,194.7 SF BLDG 2 (REVERSE) 3.194,7 SF TOTAL ';F -a OPEN SPACE i _P2AR) [f`f Lj ❑ I ZONING R2HD P2A MESA WEST RESIDENTIAL OWNERSHIP USABLE YARD o, OVERLAY DISTRICT SITE AREA BUILDING 2 (REVERSE) AVG. SETBACK o BERNARD ST. = 13'•2' fA'L x1B'-0"NDARD ,'7, USABLE YARD USABLE YARD L 1 r` B - -- - f'; ... .... 1R) P3 R) BR) 5;�` 10 u e,. USABLE YARD I SIA L: L E Y D R IV E. _ OARAb �OQd4'IT.?'PI A USABLE YARD tr e'•u' 4a . aA�Av�% OV�RF+*AO 3T0 9 {TYPIL'ALi y 0 mx sY1 Illfll i; .%, i r ,z ANDARD ALL USABLE YARD USABLE YARD 5101rw LX - --- BU I LDI-N_G 2 SITE DATA I ZONING R2HD P2A MESA WEST RESIDENTIAL OWNERSHIP Isar OVERLAY DISTRICT SITE AREA .53 ac ( 23,363.6 SF ) UNITS 10 units DU/AC 18.8 DU/AC BUILDING AREA 1 BLDG 1 1,963.2 SF BLDG 1 (REVERSE) 1,963.2 SF BLDG 2 3,194.7 SF BLDG 2 (REVERSE) 3.194,7 SF TOTAL 10,315.8 SF OPEN SPACE USABLE YARDS 2,245.7 SF ROOFTOP DECKS 3,708 SF (PUB -1,1) 3,4817.8 SF 9,441.5 SF (40.4% OF LOT AREA) PROJECT ENTRY CH A R LE STREET TOWN HOMES CHARLE STREET COSTA MESA , CALIFORNIA MDM —1(0— Q 2013 0 PARKING DATA NO OF NO OF NO OF PARKING DI nAI M=mcnnU IIA. 7a PPeMIRUMn rloI 61 P1 I 2 4 2 P2A 3 Isar 7 P2B 3 LU l -- w 2 Cie 1 P3 0'-9° I 3 ce Q 6 m W ; I d AVG SETBACK o a CHARLE ST. = 10'-(' rr�5' w i i I i PARKING DATA NO OF NO OF NO OF PARKING DI nAI M=mcnnU IIA. 7a PPeMIRUMn rloI 61 P1 2- 2 4 2 P2A 3 4 8 7 P2B 3 1 2 2 -P2BR 2 1 2 1 P3 3 2 4 3 TOTAL NO. OF UNITS 10 ATTACHMENT 6 IJCILI.A LOT 7 C�HITECTURE W J Q m (J) z V w 0 15 = 35 PARKING SPACES boll SP -1 n ©2013 BUCILLA GROUP ARCH ITECTU RE, INC, L—J NB -1 CITY COUNCIL SUPPLEMENTAL MEMORANDUM MEETING DATE: DECEMBER 1, 2015 SUBJECT: URBAN MASTER PLAN SCREENING REQUEST (UMP -15-04) FOR A 10 -UNIT DETACHED RESIDENTIAL DEVELOPMENT AT 522 AND 526 BERNARD STREET DATE: DECEMBER 1, 2015 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT f� PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, PRINCIPAL PLANNER (714) 754-5610 minoo.ashabi(acostamesaca.gov The purpose of this memo is to provide additional information on the ownership of the project and a comparison of the proposed project and the 10- unit condominium project. • The project site is currently owned by MDM Investment Group Holdings LLC and Planet Home Living is the applicant. • The 10 -unit attached condominium project was approved on October 14, 2013 and recently received a time extension extending the entitlement until October 14, 2017. Approved Proposed 10 -unit attached condominiums 10 -unit detached homes (small lots) Four 3 -story structures Six 3 -story structures Four 2 -story structures along Charle Street 15 open parking spaces (2 per 3 bedroom and 14 parking spaces (2 per unit and 2 guest 1.5 per 2 bedroom) spaces) Deviations: Deviations: 1. Lot size (one acre required, 0.53 -acre 1. Lot size (one acre required, 0.53 -acre proposed) proposed) 2. Garage size standard (20' x 20' required; 2. Front setback requirement (20 feet required, 19'- 4" x 19' proposed) 10'- 5" proposed) 3. Open space requirement (40 percent 3. Side yard setback for corner lots (10 feet required, 22.4 percent proposed) * required, 8' - 3" proposed) 4. Front setback requirement (20 feet required, 4. Privacy wall setback on Charle Street (5 feet 10'- 5" proposed) required, 3 feet proposed) 5. Side yard setback for corner lots (10 feet required, 8' - 3" proposed) * Interior side setback and building to building setback 6. Interior side setback (10 feet required are no longer applicable because of Small Lot Ordinance abutting residential, 6 feet proposed) * and the minimum open space requirement is 30 percent 7. Minimum distance between buildings (10 (31% proposed) feet required, 7 feet proposed) * 8. Front setback requirement (20 feet required, 10'- 5" proposed) 9. Side yard setback for corner lots (10 feet required, 8' - 3" proposed) 10. Privacy wall setback on Charle Street (5 feet required, 3 feet proposed) cc: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2) Planet Home Living 1451 Quail Street, #204 Newport Beach, CA 92660 MDM Investment Group Holdings LLC 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 AC UNIT 203.00 Y __ _ � ® __ ® gym 1 51_011 1.7 — — I — — :1 1111IErx I� LrA d c);0i 1 co N I I I i I , I :: P14 .� z %P-1 P-1 P-1 P-1 P-1 P-1 u 1 Q 1 11 1 n 1 n 1 n 1 n II CO 8 0 9-1 1 9-6 9-6 IL 4.40 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 LOT 5 - O 1-011 _1 A 40" II II 1I 1.1 II II II II 1 11 ---II -- II I 1 11II -----II -- I II 1_01115 ------- 6X0 ------- 131_611 -------�6X0------- 31_611 ------- 6X0 101-511 MINMN. MIN. SETBAC , P10P 3 P12 111 P1 ------------- ----------------------------------------- ------------ 181_711 .� PAVING J INTERIOR � 21'-611 II W ! BY OTHERS = C LOT LINES o II PROJECT o Q �-----------�---------- - _ � Lu ---�------- ENTRY...--- N Q J 1 > SII m 1 91-011 II ------------- ------------------- ------------- .. 1 I --------L---------------L-------- _ P4 P 5�-------L-------- 1 I ------- -------- P1 1 1 p 2 I P2 P I p_2 I I p_2 I P6 P 1 1 1 p_2 1 P8 P9 _ C . 1 11 1 11 1 11 1 11 1 1_� " C 1 01_611 II -N ! LOT 1 6-8 LOT 2 6-8�01 LOT 31116.1-8".*9-0 9-0� LOT 4 III - , 00 ' L --------J i I L--------- I L---------1 01, I L---------- i 00 II N ! 11'-31 ° 25'-2' 01 25'-2' ° 25'-2' ° 31'-71101 II N I I I I ETBACK I ------------ 1 ------------ 1 ------------ 1 ' L— 1811 I L— 61811 I L— 61811 I L------------- II j z ---- 6 (� ---- (l�J ----11 01[A ETV- ' l(J� ---- ❑ - J ° L- I III c 'LL/ ® -- ILLS// ® -- II go go Igo .go 13'-1" 10 '0 10 10 SETBACK I 1 1 1 1 II IIFIFI IIL� IF 1 / L L- >< II co CON Q ,��� '� CO Q 100 LI 9 0 00 L1j III O NOTE: THIS EXHIBIT IS FOR BUILDING REFERENCE ONLY. PLEASE REFER TO CIVIL AND LANDSCAPE DRAWINGS FOR ADDTIONAL SITE RELATED INFORMATION. PRIVATE OPEN SPACE DRIVE AISLE /PAVING BERNARD 1 planet home living & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 CHARLE STREET ENTRY FACING BERNARD STREET PRIVATE OPEN SPACE H W W H 6' PERIMETER R.O.W. WALL/FENCE DEDICATION PER LANDSCAPE NORTH ARCHITECTURAL SITE PLAN CITY OF COSTA MESA, CA KTGY # 2015-0893 11.25.2015 ADDITIONAL DOCUMENTS= NB -1 PROJECT ADDRESS 522 + 526 BERNARD ST COSTA MESA, CA 92627 APN LOT 7: 422-101-12 LOT 8: 422-101-13 CLIENT/DEVELOPER: PLANETHOME LIVING GARAGE SF 1451 QUAIL ST, SUITE 204 1694 SF NEWPORT BEACH, CA 92660 949-208-7248 10 16520 SF 21034 SF CONTACT: PATRIC LYNUM ARCHITECT: KTGYGROUP, INC PLAN 1 FOOTPRINT 17911 VON KARMAN AVE., SUITE 200 1 RV I N E, CA 92614 1081 SF 949-851-2133 SITE AREA CONTACT: ALAN SCALES PROJECT DETAILS BU I LDI NG COVERAGE DESCRIPTION 10 -SMALL LOTUNITS WITHIN THE MESA WESTRESIDENIIAL OWNERSHIP URBAN PLAN CONSTRUCTION TYPE V -B OCCUPANCY R-3 NUMBER OFSTORIES 2+3 STORIES ZONING SUMMARY 200 SF MIN ZONING R2 -HD HIGH DENSITY RESIDENTIAL SITE AREA 0.53 ACRES 23142 NETSF PROPOSED UNITS 10 UNITS PROPOSED DENSITY 18.9 DU/ACRE 20 i. PROPOSED REQUIRED FRONTYARD 10 FEET5INCH 20 FEET SI DE YARDS 5 FEET M I N 5 FEET STREET SIDE YARDS 8 FEET REAR YARD 11 FEET 10 FEET MAX BU I LDI NG HEI GHT 40 FEET 45 FEET BU I LDI NG SEPARATI ON 6 FEET M I N UNIT PLAN SUMMARY DESCRIPTION SF QTY SALEBALE SF GARAGE SF BU I LDABLE SF PLAN 1 (2BD+DEN / 2.5 BA- 3 -STORK 1624 SF 6 60% 9744 SF 461 SF 12510 PLAN 2 (3BD / 2.5 BA - 2 -STORY) 1694 SF 4 40% 6776 SF 437 SF 8524 TOTALS 10 16520 SF 21034 SF LOT COVERAGE / OPEN SPACE PLAN 1 FOOTPRINT 687 SF PLAN 2 FOOTPRINT 1081 SF SITE AREA 23142 SF BU I LDI NG COVERAGE 8446 SF 36% STREET/ PARKING 7631 SF 33% OPEN / LANDSCAPING 7065 SF 31% 6943 SF REQUIRED PRIVATE OPEN SPACE 200 SF MIN PER UNIT FLOOR AREA RAT O 0.91 PARKING SUMMARY GARAGE SPACES 20 i. GUESTSPACES 14 J. 34 TOTAL 3.4 PER UNIT NOTES: i. VIA 2 -CAR GARAGES, TO BEA MINIMUM 20'X20' CLEAR. ii. OPEN SPACES TO BE 8.5'X18' MINIMUM. TO ALLOW FOR ADQUATE BACK UP SPACE, OPEN PARKING SPACES ADJACENT TO OTHER OPEN SPACES SHALL BE MIN. 9'X18' W HEN DRIVE AISLE IS 24'-0'' WIDE AND 9'-6" X 18'-0" W HEN ADJACENT TO A BUILDING WALL OR OTHER OBSTRUCTION. %Eos�y e_77 �'�,� i'-.'� �+ � ,-• ,1�7 I_ r� �1 A - +�_—,' L ,tea,? N ij E- h _ -` _ •• {� J . 77 LS. i BERNARD ST. a . = a PROJECT SITE y �3.A M _ I , A �! F � � d'Lrc. I.i-'I, '�r to •"r'=1" " .�q'�'ui. � �::.�.! �..e 1� BERNARD ST. LIA y Lut t - WEST 19TH ST. VICINITY MAP, N.T.S. KTGY Group, Inc. Arch itecture+Planning 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 0 5 10 20 I 1 - •i � — f ��� � Ike M r " - 1�•L • + .I 1 IJ IPI IIt .. -..- -., M1._._ ; �+ �: �yi r�a ,r ,•� «Kr.-; iP" ami �LN 1, 1 s Vivo% I�SI� ! .. ti 4" . ��.e .`� • A / r w if ,Elf L.j . ice'�j_+..� -_- - BERNARD MMM planet home living & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 AL P7, t " •" r 4. e % 41 • >_ _: +La "rIL 1 { f LL WMT -M IWO IF � • � '- • Y `, - - . i I '6 -tea __ 4P Y _ – � _ _ — – — L. _ _ — _ _ " T S AW9 NOW_ r - -,_= - -- -- --- ----- _ ---_ _----_ r _ y ttl _ rt T_ - i-� .spa � �✓`- � � ,��_ � .-._ _ �� _. _ _ —..F �' - _ __ -_-� = _ _ _ �� --r _ - - _ _ _ _ T y ....rl.-a -ate- - �- —=_rt• '� STREET PERSPECTIVE M M CITY OF COSTA MESA, CA KTGY # 2015-0893 11.25.2015 CORNER OF CHARLE ST. & BERNARD ST. KTGY Group, Inc. Arch itectu re+Plan n i ng 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com ",'PLI A^.+I 0 x 7 , Ir 14 Fe - - _ _ _ - --•,� _ >.�tz_-,�-—�3--���- -'.rte -- - - - - c• _ _ _ - mcg: z _ - - -� _ �°•a `_ = -�'E -' � . r - _ - �°. rt +t< ' ,.�- - __ fit .�- _- '� - - - t _ �_ ; _ r r _ t #--- - - -.mac ,W f- - a ot _ -fir mWt g -MM, -Y�. - - - . ; s,. tet•-_ BERNARD MMM planet home livin & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 4' � •w:�r z ' r, Y ;AAI 7..'.i ��-. � A •',. ', 1 ` e ' _ � -_ �! '� - — ' - - _ _ � - - - �s — _ _ _ _ _ •y, Via`': � � - - -- - i i•'�. 'stir - 3c�.� s - _- _ _ .x t = -- z s z - _ - # - --- t - STREET PERSPECTIVE MM CITY OF COSTA MESA, CA KTGY # 2015-0893 11.25.2015 CHARLE STREET - LOOKING SOUTH KTGY Group, Inc. 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P a.r � ' L . s A F'• .¢ F• .xY�. `dam* ' + L _'•.. ;, .,+�� w Iv 44: k 7 ti r- I' , , - e B x ' ti Xi - - 47 _—a T - -' - '- - - Y — - - - -. _ _ -- — - --_- -' —•s - - - � 3r - -rte' — _-' f - - - _ :��� _ . - -- - - - �r.•�-.- _r- — - - �-s __ 4' �' --tea _ _ � � - - - - - - - - _ -�--�r .4 - ---fir - - - - - - - - _ � —_ _�_ _ - -�� - e,• -.--- - -- _ - -� BERNARD STREET - LOOKING EA BERNARD & CHARLE STRE ET PERSPECTIVE nkrr+hifeit-fiirn.16O 21'-6" 5'-6" 16'-0" 11'-0 1/2" 8'-5 1/2" 1' THIRD FLOOR BERNARD MMM 1 planet home living 21'-6" & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 21'-6" SECOND FLOOR r G0 M I I I I 1 I I 1 I I 1 FIRST FLOOR PLAN I FLOORPLANS MM CITY OF COSTA MESA, CA KTGY # 2015-0893 11.25.2015 KTGY Group, Inc. Arch itecture+Planning 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 0 10 N r I O N 1 ST FLOOR 255 SQ. FT. 2ND FLOOR 678 SQ. FT. 3RD FLOOR 692 SQ. FT. TOTAL DWELLING 1624 SQ. FT. DECK 108 SQ. FT. GARAGE 461 SQ. FT. O N O r BERNARD 1 planet home livin MN 13'-6" 39'-8" 16'-6" 5'-5 1/2" UK,1=111 17'-8 1/2" & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 16'-6" 2 39'-8" 21'-2" 2'-0" 14'-0" 2'-6" F I O I ■ 'k Mallopk, PLAN 2 FLOOR PLANS CITY OF COSTA MESA, CA KTGY # 2015-0893 11.25.2015 KTGY Group, Inc. Arch itectu re+P T a n n i ng 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 1 ST FLOOR 637 SQ. FT. 2ND FLOOR 1058 SQ. FT. TOTAL DWELLING 1694 SQ. FT. GARAGE 437 SQ. FT. 0 2 4 8 A2 02 RIGHT ELEVATION LEFT ELEVATION REAR ELEVATION BERNARD 1 planet home livin & CHARLE Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 FRONT ELEVATION MATERIAL LEGEND I. FIBER CEMENT LAP SIDING 2. STUCCO, LIGHT SAND FINISH 3. ASPHALT SHINGLE ROOF 4. VINYL GLAZING 5. FIBERGLASS ENTRY DOOR 6. DECORATIVE EXTERIOR LIGHT 1. FLAT -BAR METAL RAILING 8. METAL SECTIONAL GARAGE DOOR 0 2 4 8 PLAN I -ELEVATIONS A3 - 0 I CITY OF COSTA MESA, CA KTGY Group, Inc. KTGY # 2015-0893 11.25.2015 Arch itecture+Planning 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com RIGHT ELEVATION LEFT ELEVATION WINDOWS AT ENHANCED ELEVATIONS ALONG BERNARD ST. ONLY BERNARD & CHARLE 1 planet home living Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 REAR ELEVATION PLAN 2 - ELEVATIONS CITY OF COSTA MESA, KTGY # 2015-0893 11.25.2015 MATERIAL LEGEND I. FIBER CEMENT LAP SIDING 2. STUCCO, LIGHT SAND FINISH 3. ASPHALT SHINGLE ROOF 4. VINYL GLAZING 5. FIBERGLASS ENTRY DOOR 6. DECORATIVE EXTERIOR LIGHT 1. FLAT -BAR METAL RAILING 8. METAL SECTIONAL GARAGE DOOR C A KTGY Group, Inc. Arch itectu re+Plan n i ng 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 0 2 4 8 A3- 02 ppp VIEW TOWARD SOUTH VIEW TOWARD WEST BERNARD & CHARLE MMM to planet home living Planet Home Living 1451 Quail St., Suite 204 Newport Beach, CA 92660 949-208-7248 its All �• �3n �4b � b i r � � t av � ■ 1 '_.' . a - w 7 dM Arm � OL VIEW TOWARD NORTHEAST -Z s — Ara 1 Rr >, 161 , TI-, 1106M . A r r�� A .. •-' 606, � _ 3 ® .i .. ,� -;� � .. i Vii• - ,� ion EXISTING CONDITIONS M CITY OF COSTA MESA, CA KTGY # 2015-0893 11.25.2015 1 � KTGY Group, Inc. Arch itectu re+Plan n i ng 17911 Von Karman Ave., Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com A4-01 .& M City Council Meeting December 1, 2015 Urban Master Plan Screening 15-04 522 and 526 Bernard Street F 4 +, -h - - �•, � '� `" � >,+ �. �'. -fir r i r 9 J � I• ! �, mss, Igi v y. FORD RU .� WT ���. JJJFFF BERNARD ST ILA LA, BERNARD ST 194 19a2 p BERNARD ST I F, 91211216 C2 1963 0 co cc 114! 1 1974 LU 4 p BERNARD ST I F, 91211216 C2 1963 0 co cc 114! 1 Request A 10 -unit small lot detached housing development is proposed to supersede the currently entitled condominium project. The new proposal is similar to a recently approved 10 —unit project on the south side of the street at 527 Bernard Street in site design and architecture. Four of the 10 units facing Charle Street are two stories and the six interior units are three stories. A 10 -unit attached condominium project was approved in 2013. The previous plan included three story units with similar setbacks along Charle Street and Bernard Street; however, three-story structures were proposed for all 10 units. 203.00 ,, Ac utirr NOTE: THIS EXHIBIT IS FOR BUILDING REFERENCE ONLY. PLEASE REFER TO CIVIL AND LANDSCAPE DRAWINGS FOR ADDTIONAL SITE RELATED INFORMATION, 0 ENTRY FACING BERNARD STREET .,— PRIMATE OPEN SPACE 7�LPOT P-1j 7 LOT 6 LOT 5 m m w Jp" r-------- �73'�'° r �0" r -- e v 91-61 1 " LOT 10 ` LOLT LOTP P10 3 P 12 I 5 li-dl V LOT LfNA — I o — — — — — ''„ Y �-° PAl11NG ENTRY �`�' LU i r c z P . i P# P9 ] P1 P-2 P -2P6 P2 P3 P_2 �a�, P4 P$ N " l LOT 1 $' LOT 2" i 1 ,ET�r�C fi aG A is _ j� - n . BETBP.CK ; NOTE: THIS EXHIBIT IS FOR BUILDING REFERENCE ONLY. PLEASE REFER TO CIVIL AND LANDSCAPE DRAWINGS FOR ADDTIONAL SITE RELATED INFORMATION, 0 ENTRY FACING BERNARD STREET .,— PRIMATE OPEN SPACE C� v CHARLE STREET l 6" PERIMETER R.0,W• WALLIFENCE DEDICATION PER LANDSCAPE 7�LPOT P-1j 7 LOT 6 LOT 5 m m w Jp" r-------- �73'�'° r �0" r -- P10 +� INTERIOR I 5 li-dl V LOT LfNA — I o — — — — — ''„ Y �-° ENTRY �`�' i r z P . P_2 P# P9 ] P -2P6 LOT 3 s, 8" �a�, y, LOT 4 fi aG is _ j� n . BETBP.CK C� v CHARLE STREET l 6" PERIMETER R.0,W• WALLIFENCE DEDICATION PER LANDSCAPE Street View — Charle Street r .r Cyils. ��� 1 Street Corner View FRI s, , r � I^ t WOMM IE° ` — Floor Plans — 3 -Story Unit Floor Plan — 2 -Story Unit L0 I ROM , R TOTO The project is subject to small lot ordinance parking standards and each unit requires either a one or two car garage (depending on the number of bedrooms); and two open parking stalls. Each of the proposed units include a two -car garage and there is a total of 14 parking spaces including two parallel spaces that take access from the alley_ This proposal meets the overall number of parking requirements, 'hut not in the required configuration (garage spaces vs. open parking): Unit type Number Required Provided Parking Required Provided Parking er unit per unit 8 bedroom 4 units Two car garage Two car garage 8 garage spaces 8 garage spaces units Two open Two open parking 8 open parking 8 open parking parking 2 bedroom 6 units One car garage Two car garage 6 garage spaces 12 garage spaces units Two open One open parking 12 open parking 6 open parking parking Total 10 units - - 14 garage spaces 20 garage spaces 20 open parking 14 open parking Ah■Ab1�=Emu 000WAK1AAIAh ME w ■ Nowf. �a EE IMP - Al slr� DAiA C H A L E STREET � ZOMNC R2HD MESA YOUT R%DENTIAL OWNERSHIP OVERLAY DISTRILT � Approved Proposed 10 -unit attached condominiums 10 -unit detached homes (small lots) Four 3 -story structures Six 3 -story structures Four 2 -story structures along QbAft Street 15 -open parking spaces (2 per 3 bedroom and 14 parking spaces (2 per unit and 2 guest 1.5 per 2 bedroom) spaces) Deviations: Deviations: 1. Lot size (one acre required, 0.53 -acre 1. Lot size (one acre required, 0.53 -acre proposed) proposed) 2. Garage size standard (20' x 20' required„ 19'- 2. Front setback requirement (20 feet required, 4" x 19' proposed) 10'- 5" proposed) 3. Open space requirement (40 percent 3. Side yard setback for corner lots (10 feet required, 22.4 percent proposed) * required, 8' - 3" proposed) 4. Front setback requirement (20 feet required, 4. Privacy wail setback on Chaft Street (5 feet 10'- 5" proposed) required, 3 feet proposed) 5. Side yard setback for corner lots (10 feet required, 8' - 3" proposed) * Interior sidle setback and building to building setback 6. Interior side setback (10 feet required are no longer applicable because of Small Lot Ordinance abutting residential, B feet proposed) * and the minimum open space requirement is 30 percent 7. Minimum distance between buildings (10 feet (31% proposed) required, 7 feet proposed) * 8. Front setback requirement (20 feet required, 10'- 5" (proposed) 9. Side yard setback for corner lots (10 feet required, 8' - 3" proposed) 10. Privacy wall setback on. Chaft Street (5 feet required, 3 feet proposed)